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Representation by National Farmers Union (National Farmers Union)

Date submitted
11 January 2019
Submitted by
Members of the public/businesses

IN THE MATTER OF AN APPLICATION FOR A DEVELOPMENT CONSENT ORDER

AND IN THE MATTER OF THE A303 AMESBURY TO BERWICK DOWN (HIGHWAYS ENGLAND)

AND IN THE MATTER OF THE NATIONAL FARMERS UNION

OUTLINE REPRESENTATIONS

1 Introduction 1.1 These are the Outline Representations of the National Farmers Union (“NFU”) and the Agents (agents acting for NFU members and their clients on this project) to the application for a Development Consent Order by the Secretary of State for Housing, Communities and Local Government identified as the A303 Amesbury to Berwick Down Project order. The agents representing the landowners/occupiers are Carter Jonas, Fowler Fortescue, Howard Smith and Countryside Solutions.

1.2 The objectives of the NFU are to champion farming in England and Wales and to provide professional representation and service to its members.

1.3 The matters raised in these Outline Representations are matters not only of concern to the farming owners of agricultural land affected by this DCO, but also of concern to, and raise points of principle that will affect, members of the NFU having farm holdings that may be affected by similar Highways England schemes.

  1. Consultation and Engagement 2.1 One to one meetings have been held with Highways England and their agents but the detail required by landowners has not been available or forthcoming. For example details on why certain balance ponds have to be located were shown and the size? Why are certain green bridges located where highlighted? Therefore it has not been possible to discuss all aspects of the scheme.

2.2 Highways England and their agents have been meeting the NFU and agents acting for landowners but due to the lack of specific information there has been no progression in direct negotiations.

3.0 Compulsory Acquisition and Compelling Case Requirement 3.1 The DCO will contain powers to acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate, or is incidental to it.

3.2 Further, the guidance as to negotiations either before or parallel with formal processes may well give rise to a "legitimate expectation" that such will occur, and a failure to conduct such negotiations deprives landowners of the benefit that negotiations may have brought, especially in relation to where different locations and lesser rights might have been achieved.

3.3 The NFU and the land agents acting believe that no meaningful negotiations have taken place alongside the formal procedures for compulsory purchase. Therefore a compelling case cannot be made.

4.0 Construction Compound Sites 4.1 Highways England has identified some large areas of land to be taken for construction compound sites. The NFU would like to see the detail of use for each compound site being detailed in the DCO particularly within Schedule 7. At the present time it is stated that the areas will be used to provide temporary storage, laydown areas and working space. Working space needs to be clarified as there is concern over the chalk waste from the tunnel being treated within one of the compound sites.

4.2 Further the two largest compound sites 05 -07 and 05 -15 have been highlighted under Schedule 4 “Land in which only New Rights ETC May Be Acquired” and the description only highlights the purpose for which rights over land may be acquired or restrictive covenants may be imposed. There is no description referring to the treatment of waste soil.

4.3 The NFU would like to see the description of works being explicitly detailed for each compound under Schedule 4 and 7 of the DCO. 

  1. Balance Ponds

    5.1 Meetings have taken place with the NFU and the landowner affected over the size and location of the balance ponds. Further to negotiations, one balance pond is now not to be created and one has been modified and slightly relocated. The NFU is concerned that Highways England have still not provided details to explain why the size and location of such balance ponds are required. Further relocation next to field boundaries would help minimise the impact on the farm business.

  2. Creation of Public Rights of Way 6.1 The NFU believes strongly that the powers that Highways England are granted to carry out this project should not include powers to create new public rights of way (PRoW) including the creation of cycle tracks and bridleways. Under this proposed scheme new public rights of way are proposed to • the west of green bridge no.1 on both sides of the new road, • to the west of the new Longbarrow Junction running into Winterbourne Stoke, • to the east of Longbarrow Junction to the A360 and on to the new green bridge 4 (the new cut and cover tunnel). • to the north and south of Longbarrow Junction parallel to A360 to Druids Lodge and the Stonehenge Visitor Centre. These proposed new public rights of way will take further land out of agricultural production. The Applicant should not be authorised to acquire more land than is needed for the highway scheme itself.

6.2 There is concern that the new A303 scheme will result in the intensification of the use of the PRoW network and increase improper and illegal use of the byways. Unauthorised fly-tipping, hare coursing, parking, camping and motorhomes parking up on the byways is already an issue. The new rights of way are likely to spread the problem further afield. HE must consider how these issues in the final design will be controlled.

6.3 It has been stated by Highways England that fences will be erected along the new proposed public rights of way. Whose responsibility will it be to maintain these fences in the future? It should not fall to the landowner.

6.4 Further description is needed over the Kent Carriage Gaps and what type of gates will be provided along the old A303 between A360 and West Amesbury.

  1. Green Bridges No.4 (Cut and Cover Tunnel) 7.1 The NFU believes very strongly that it is not necessary to create green bridge no.4 as a cut and cover tunnel located to the east of the A360. This construction is taking far too much land out of agricultural production. The green bridge No.4 should be located as first highlighted in the consultation document February 2018 along the existing A360. There is no need to create a new access.

7.2 Issues have also been raised over the location of green bridge no.1 as landowners believe that it needs to be located further east if it is to align with the current bat flight path.

  1. Waste and Spoil 8.1 Highways England have highlighted within the scheme that an area of land to the west of the underpass (B3083) and east of the Parsonage Down National Nature Reserve is to be compulsory purchased to take the waste chalk excavated from the creation of the tunnel. It is not acceptable for Highways England to state that this avoids potential significant adverse effect with transporting the waste off site. It actually creates a very significant effect by taking 135 acres out of arable production and has a significant financial effect on a farm business. The area is 21% of the total arable area of the farm. Again the Applicant should not be authorised to acquire more land than is needed for the highway scheme itself and the waste should be taken off site.

8.2 Land should also not be acquired for soil re-profiling either side of the new tunnel. 

  1. Private Water Supply
    9.1 Landowners directly affected by this proposed scheme are very concerned about what affect the boring of the tunnel will have on private water supplies and ground water. There are four farm businesses which rely solely on private water supplies from boreholes; the farms include a large outdoor pig unit, a significant suckler cow herd and a large dairy unit. It is imperative that these farms are guaranteed a permanent water supply to replace their private borehole supplies if they are contaminated or supply is affected in anyway during the construction of the new tunnel or after construction.

9.2 The wording highlighted in the Outline Environmental Management Plan under ‘Management of Impact on Abstraction Boreholes’ at page 61 is not a sufficient guarantee that main works contractors will have to provide an alternative supply. Accordingly the NFU will represent that the DCO should be amended to reflect this and the DCO should not be approved if Highways England will not guarantee an alternative water supply.

  1. Field Drainage

10.1 Land drainage is always one of the main issues which landowners and tenants are concerned about when land is taken for construction purposes of major infrastructure. To date no detail has been provided by Highways England on how it will treat field drainage during construction and carry out reinstatement post construction. This is particularly important were land will be returned to agricultural use.

10.2 No information has been found within the Outline Environmental Management Plan on how field drainage will be reinstated as part of the DCO application. Highways England need to address this issue and agree to general terms of how field drainage should be treated. 

  1. Soils

    11.1 As above the treatment and reinstatement of soil during and after construction is another main issue of concern. Limited detail has been provided to landowners and occupiers. It is stated in the Outline Environmental Management Plan (page 54) that the main works contractor shall produce a detailed Soils Management Strategy that will identify the nature and types of soil that will be affected and the methods that will be employed for stripping soil and the restoration of agricultural land. Further information needs to be agreed with Highways England as to what measures will be put in place to bring the soil back to its condition and quality before the works took place? Liaison with Landowners has been highlighted on page 65 in regard to restoration which is essential but a soil statement will need to be set up of the soil condition pre construction for each farm. An aftercare plan should be included in a code of construction.

  2. Flood Issues 12.1 No details have been provided to landowners and occupiers on how any increase in surface run off of water from the new road, the haul road or the construction compounds will be dealt with during construction. Therefore there is concern that retained land may flood during the construction works.

  3. Dust/Irrigation 13.1 Clarification is needed on how practical issues like dust will be controlled during construction and how can the effect on irrigation be minimised?

  4. Agricultural Liaison officer 14.1 Liaison with landowners, tenants and agents is highlighted in the Outline Environmental Management Plan on page 65 but this is not adequate. The NFU would like to see that the main works contractors will have to employ an agricultural liaison officer to carry out liaison with landowners. 

  5. Access to land and the Haul Road

    15.1 Insufficient detail has been provided as to how landowners and tenants are to access land severed by the construction works and as to whether landowners will be able to access the haul road during construction. It is stated in the Outline Environmental Management Plan on page 65 that the main contractors will liaise in regard to access routes but greater clarification is needed on this from Highways England.

15.2 In particular there is an issue for one farm business that requires permanent access to Countess Road and as yet this has not been resolved with Highways England.

  1. Decommissioning of the A303 16.1 It has been stated that the existing A303 to the east of Longbarrow roundabout will be converted in to a green byway. In particular the byway will still provide farm access to adjacent fields and therefore it is very important that the new surface is suitable for agricultural vehicles. The surface dressing of the existing tarmac will need to be to a standard suitable for continuous use by agricultural vehicles.

16.2 Clarification is need on who will be responsible for the maintenance of this private access route.

  1. Till Viaduct 17.1 Further information is required on the type and height of screen/noise barrier that will be attached to the new viaduct.

  2. Chalk Grassland 18.1 There are large areas of land which have been designated for the creation of chalk grassland under habitat mitigation of the scheme. Landowners are concerned in regard to what type of maintenance contracts Highways England will be implementing of these areas and that the grazing of these areas by livestock is essential.

  3. Allington Track 19.1 With the proposal to stop up Allington Track and create a new link between Allington Track, Amesbury Road and the roundabout at Solstice Park it is essential that this route will be open and clear to agricultural traffic at all times.

  4. New Power and Water Supply
    20.1 Landowners require confirmation, if it is required of where a new electric and water supply is to be located to supply the new road and the tunnel. Will these works be carried out under the DCO?

  5. Request to Attend Hearings and make Representations

21.1 The NFU does intend to lodge a full Written Representation in due course and request to make oral representations at the issue specific, draft DCO and compulsory acquisition hearings which may be held.

21.2 The NFU represents 12 members who own or lease land affected by the DCO. A full list of names and addresses are available if requested. The members and clients have not been listed on this representation due to data protection. Each landowner or occupier has submitted an outline representation highlighting specific issues to the individual business, if appropriate, and has made reference to this outline representation which highlights the main issues of all landowners concerned.

Louise Staples Senior Rural Surveyor NFU Agriculture House Stoneleigh Park Stoneleigh Warwickshire CV8 2TZ DATED 11th January 2019.