Representation by Avis House (Nominees) Limited (Avis House (Nominees) Limited )
- Date submitted
- 23 February 2023
- Submitted by
- Members of the public/businesses
Avis House (Nominees) Ltd ("Avis") are the freehold owners of plots 24-83, 24-92, 24-93 and 27-69 as listed in the Book of Reference. The land is strategically positioned on the edge of the settlement of Linford and is being held for its development potential. The scheme seeks temporary possession of the land for overhead diversion works including the removal of the existing power lines and pylons, the construction of new power lines and pylons and associated works and access. Permanent rights are being sought to construct, protect, operate, access and maintain those utilities. Avis are concerned that the creation of permanent rights will impact the enjoyment of their land. There are two existing power lines which traverse the land, both of which are secured by way of wayleave agreements with the relevant utility companies, this arrangement has been in place for many years. On the basis there is a workable existing legal framework in place for the utility apparatus there is no justification for the acquisition and imposition of permanent rights over the land and it is unnecessary. Avis are willing to work with National Highways to allow them temporary rights to carry out works to the power lines and pylons as required for their scheme. The acquisition of permanent rights for power apparatus is outside the remit (and powers) of National Highways as the body maintaining the national road network. Furthermore the use of CPO powers is also premature. National Highways have not made any attempts to date to secure the rights by agreement which contradicts government guidance on the use of CPO powers. The lack of meaningful engagement with affected parties has also been highlighted in the recent CPO decisions at Barking and Maidenhead. The fact that the project is an NSIP does not excuse the need for proper engagement and negotiation with affected parties including the issuing of terms.