Representation by Morrison and King Limited (Morrison and King Limited)
- Date submitted
- 9 January 2019
- Submitted by
- Members of the public/businesses
This registration as an interested party is made by Archie Read MRICS, a qualified chartered surveyor, acting for and on behalf of Morrison & King Limited, a Tier One landowner that has received a s.56 notice under The Planning Act 2008. Morrison & King Limited (‘The Company’) is a local farming business that owns and occupies land and property within the Scheme red line. The Company operates a commercial livestock enterprise, breeding and rearing both sheep and cattle. In addition, the Company cultivates arable crops, such as wheat, barley, oilseed rape and beans. Furthermore, the Company is a riparian owner with fishing rights on the River Avon and operates commercial horse livery. In total the Company farms approximately 1,520 acres.
- Temporary Compound
1.1. The Company has received insufficient details to allay its concerns regarding the proposed temporary compound and drawings 2.7d and 2.7e are labelled illustrative and their likely accuracy is called into question. It has been suggested that this level of detail will not be available until the preferred contractor has been appointed. The Company therefore may wish to address the following further within the Examination process:
1.1.1. The extent of the area to be occupied 1.1.2. Mitigation of adverse impact upon the horse livery enterprise 1.1.3. Adverse impact upon current and future environmental schemes 1.1.4. Treatment of topsoil – see section Soils 1.1.5. Surface treatment within compound areas including the laying of geotextile membrane and stone to mitigate long term soil structure damage 1.1.6. Method of working in respect of re-instatement 1.1.7. Mitigation to prevent damage to the natural and historic environment 1.1.8. Adverse impact upon fishing activities within the adjoining River Avon, the rights to which are let under a long term legal agreement with a third party
- Soils
2.1. In common with all farming businesses, the Company’s existing soils are an immensely valuable resource. The appropriate, diligent and timely management of this resource is key to its business endeavours. Significant concerns exist generally regarding the areas to be occupied during the construction phase of the Scheme and specifically in respect of the temporary compound to be located within its freehold. The Company seeks binding assurances in respect of the following: 2.1.1. Pre-commencement soil survey; to include topsoil type, site variance and subsoil structure 2.1.2. Adherence to an agreed and detailed Soil Management Plan devised in accordance with best industry practice; to include methods of working, extent of topsoil removal, site specific topsoil storage methods, weed control, reinstatement methods, aftercare and post-scheme monitoring 2.1.3. No soil to be exported from nor imported to the temporary storage compound site. Whilst this has been suggested during consultation, the stockpiles shown on application drawings 2.7d & 2.7e give a strong indication that this may not be the case under the proposed Scheme as submitted 2.1.4. Protection measures for subsoil structure; to include the laying of a geotextile membrane with stone above
- Water Levels / Flood Issues
3.1. The Scheme proposes extensive road drainage provisions upon the Company’s freehold and its tenanted agricultural demise. Concerns remain regarding these proposals as detailed in Appendix 11.3 Road Drainage Strategy. Despite stating within paragraph 5.2.3 ‘All ponds would outfall to the existing highway ditches’ Figure 5.2 illustrates a proposed new ditch in close proximity to the Company’s grain handling facility at Countess Farm. The Company has considerable concerns that this will increase the water table in the immediate environs of any new ditch(es). The current grain handling facility has a reception pit and elevator sump that are prone to water ingress and resultant flooding. This is managed by draining to an external sump from which a submersible pump is operated. That sump would be in very close proximity to the new proposed ditch(es) and any increase in water table could see the current pumping arrangement overrun and the grain handling facility rendered unserviceable. Finally, provision for the Company to continue to pump to the existing ditch or replacement ponds/ditches must be safeguarded.
- Re-instatement / Accommodation Works
4.1. Detailed design and specifications relating to reinstatement and accommodation works such as noise, boundary treatment, future boundary maintenance, internal farm access etc is not currently available. If matters relating to re-instatement and accommodation works remain unresolved or outstanding then the Company may seek to address these further within the Examination process.
- Trees
5.1. The Company’s freehold ownership contains a number of category A and category B trees, either wholly within or with root protection zones within the Scheme red line boundary. Generally, the Company has concerns as to whether adequate safeguarding of these veteran trees has been considered and provided for within the Scheme. Specifically, but not exclusively, the proximity of mechanical excavations, soil compaction and increased soil waterlogging arising from the proposed drainage arrangements.
- Rights of Way
6.1. The Company has received insufficient detail to allay its concerns regarding a new proposed private access arrangement across Countess Farm for the benefit of Park Farm, Amesbury.
- Overage Provisions
7.1. The Company’s title contains a development uplift clause, benefiting the previous owner. The Company seeks assurances in respect of this.
- Binding Undertaking in Respect of Position Statement
8.1. The Company has been engaged in consultation with Highways England and its advisers in respect of the proposed Scheme with the mutual objective of producing a ‘Positions Statement’ detailing agreed matters. The completion of that document with the Company and similar documents with other Tier One landowners should reduce the necessary scope of the Public Examination and therefore be considered a priority. In order to achieve that objective there are two pressing requirements. Firstly, an increased commitment of resource by Highways England to address outstanding matters and supply necessary information in a timely fashion. Secondly, a written undertaking from the appropriate authority that all matters agreed in Position Statements are fully legally binding and irrevocable in nature. The early provision of such an undertaking would greatly assist this progress.
- National Farmers’ Union (NFU) Representation
9.1. The NFU will be registering as an interested party on behalf of affected members and the Company wishes to further rely upon appropriate representations made by the NFU on its behalf.
- Additional Matters
10.1. This registration is intended to raise awareness of the scope of issues within the Scheme that are of concern to the Company. It is understood that further consultation will take place and provision for a more detailed written representation will arise. The Company wishes to reserve the right to include within that written representation and the subsequent Examination process any further areas of concern that may have been omitted in error, that may arise when additional detail is provided or become apparent through the consultation process.