Representation by David Malcolm South (David Malcolm South)
- Date submitted
- 21 February 2023
- Submitted by
- Members of the public/businesses
• Statement of Reasons 4.1 under Annex B Schedule of Negotiations No 235, identifies the engagement between the parties up to the point of submission of the DCO application and its subsequent acceptance by PINS. It should be noted that at the time of this registration, plot 10-04 is in the process of being transferred into a number of different Trusts, but for the purposes of this registration we have maintained the Owner at the time of the DCO submission and BTF Partnership remain instructed to act on behalf of the Owners. • First engagement by the Applicant occurred on 01.02.22. The interested party believes that the applicant has not undertaken sufficient research to consider that the affected property identified in the applicant’s land plans as plot number 10-04 is suitable for the needs of the proposal being for mitigation relating to Nitrate Deposition. • A request for the first site survey was received from the Applicant on 25 October 2022, with a statement that “this time of year is far from ideal for undertaking pretty much any kind of ecology survey. However, we would still like to visit the site to gather any relevant information we are able to at this stage. We would then likely wish to survey again in the spring”. • The survey team visited on 22 November 2022 and surveyors on site stated that “they are looking for land that has quite an ecologically diverse starting point due to the costs involved improving the land to meet the biodiversity targets”. “The project is already so expensive they are looking for straightforward cost-effective options”. This was followed up by the following: • The fields surveyed were heavily horse grazed and considered to represent semi-improved grassland based on the species count recorded. • There were no signs of badger activity within the fields. • Of the small number of ponds that were inspected, only one was considered to offer suitable habitat to support great crested newt. It should be noted that this does not mean GCN were / are present, only that it would be appropriate to survey that pond for their presence at the appropriate time of year (April – June • Plot 10-04 is utilised for horse grazing and amenity land for the predominant benefit of The Parsonage. • The Applicant states that they have made worst-case (also called ‘precautionary’) nitrogen deposition assessments for these areas based on the available traffic modelling. As the seasonal surveys continue, we will refine our assessments and finalise our proposals for mitigation and compensation, and these will be included in our DCO application. By taking this precautionary approach, we can ensure our mitigation and compensation proposals are sufficient to address any nitrogen deposition effects from the implementation of the Lower Thames Crossing - We consider this evidence that there is insufficient justification for the inclusion of the Interested Party’s land for compulsory acquisition based on assessments undertaken. • When challenged as to how the areas for Nitrate Deposition were calculated, the response from the Applicant was that no formula has been devised to calculate with precision the land area required. It is based in part on professional judgment and discussion with Natural England. The Interest Party’s property has been identified simply by a desktop survey and the wishes of Natural England and therefore we contend is insufficient to justify its inclusion in the DCO for compulsory acquisition. • The Interested Party has significant concerns on security, as do the adjoining residential properties. The response from the Applicant was that the primary purpose of the compensation land is for the establishment of habitat. Public access to the land would only be considered if appropriate. Concerns could be considered, and commitments made to prevent public access if required. If this land is to be compulsory acquired, public access should not be considered.