Representation by The Owners of Little Denmead Farm (The Owners of Little Denmead Farm)
- Date submitted
- 14 February 2020
- Submitted by
- Members of the public/businesses
This Relevant Representation is submitted on behalf of the Owners of Little Denmead Farm ("the Farm") who wish to be registered as an organisation Interested Party for the forthcoming Examination of the AQUIND Interconnector Development Consent Order ("the DCO") application submitted by AQUIND Limited ("AQUIND"). The Farm is located on the proposed site of the Converter Station (Section 1) and our clients oppose the DCO as follows: 1. Compulsory Acquisition The compulsory acquisition elements of the DCO will affect 32 acres out of the Farm's 53 acres. Over 30 acres are to be compulsorily purchased (Plot 1-32), representing 58% of the Farm's landholding. With over 60% of the Farm being affected overall through the acquisition of new permanent access rights (plot 1-51), acquisition of permanent landscaping rights (Plots 1-38, 1-69, 1-70, and 1-72), and temporary possession of land (Plots 1-57 and 1-71), this will significantly interfere with our clients' farming activities. The Farm's landholding is relatively small compared to neighbouring landowners, and it will therefore have a disproportionate impact on them compared to others. There will be a significant detrimental impact on those remaining parts of the Farm that will not be subject to compulsory acquisition rights. The proposed acquisition will split up fields (for example the proposed permanent access route (Plot 1-51) will bisect the existing field into two), leaving small, irregular shaped paddocks without straight boundaries, making it difficult to carry out farming activities as there will be insufficient space for livestock grazing and access will be rendered difficult. There is no other suitable farming land of this size available in the vicinity to replace the land that will be lost. Reducing the Farm to just 22 acres means that the Farm is unlikely to be able to continue to operate as a viable business. have owned the Farm since 1939 and therefore face the prospect of having to end over 80 years of farming history. The DCO will also devalue the remaining parts of the Farm leaving little that is marketable as agricultural land and any alternative residential development potential will also be devalued due to the close proximity of the Converter Station. AQUIND have failed to adequately assess the significant harm that the DCO would have on the Farm's ability to function, considering only the type of agricultural land that would be lost and failing to consider the effect on the agricultural business that operates on that land. AQUIND have failed to demonstrate that the extent of the compulsory acquisition is necessary and proportionate, taking only what is required. For example, AQUIND have failed to demonstrate why the telecommunications building (in Plot 1-32) cannot be situated further east towards the woods, leaving the existing 4 acre paddock intact. AQUIND have failed to justify the need for the laydown area/works compound on the Plot to be required on a permanent basis for landscaping, when such landscaping will only consist of grassland rather than as screening, nor provided adequate justification as to why permanent landscaping rights are required in respect hedgerows which prevents our clients from being able to reshape the remaining parts of the Farm. Part of the Land is used in connection with stabling, with safe riding routes through . No information has been provided about what access rights our clients will be granted to cross the Access Road or other land that will be compulsorily purchased (e.g. for the daily walking of family dogs). AQUIND have failed to demonstrate that all reasonable alternatives to compulsory acquisition have been explored. The disproportionate harm and loss to our clients' interests significantly outweighs any public benefit. Accordingly, AQUIND's proposed interference with our clients' rights is not justified having regard to Article 1 of the First Protocol to the ECHR and does not meet the tests for compulsory acquisition. 2. Inadequate Consultation Our clients will be the worst affected of anyone by the DCO as the Converter Station is proposed to be located on their land. However, there has been a lack of engagement from AQUIND. They have failed to acknowledge or respond to requests from our clients for site meetings to discuss the proposals. Many elements of the scheme had not been finalised until the submission of the DCO application. This is the first time our clients have been able to review many of the proposals and comment on them. 3. Loss of Amenity The dust produced by construction traffic will settle on the adjoining fields and paddocks preventing grazing. The noise and vibration associated with such traffic and the noise from the cooling fans when operational will have a significant detrimental impact on our clients' use and enjoyment of their property, their day-to-day lives and on their livestock. The Converter Station is likely to encourage further similar development turning this agricultural landscape into an industrial area. 4. Proximity to South Downs National Park A recent planning application for a battery storage development was refused partly due to the close proximity of South Downs National Park. The Converter Station would hugely impact the area on the very edge of the National Park. Our clients are still willing to work with AQUIND to achieve agreement on reasonable terms to the satisfaction of both parties. However, if agreement is not reached wish to maintain their objection. Our clients reserve the right to make further detailed representations during the Examination stage of the DCO application.