Representation by Orsett Fen Right Holders (Orsett Fen Right Holders)
- Date submitted
- 23 February 2023
- Submitted by
- Members of the public/businesses
following and then if required, full reps can be submitted at the next stage. Anything to add? INTERESTED PARTY 1. Orsett Fen Right Holders PLOT NUMBERS 2. 35-11, 35-13, 35-14, 35-15, 35-16, 35-21, 35-22, 35-39, 35-40, 35-47, 35-50, 37-01, 37-02, 38-52, 38-54, 38-55, 38-57, 38-58 REPRESENTATION 1. Statement of Reasons 4.1 under Annex B Schedule of Negotiations No 697, identifies the engagement between the parties up to the point of submission of the DCO application and its subsequent acceptance by PINS. The status of the common land and the structure of rights and ownership is complex, the Applicant has agreed to fund independent legal advice for the Rights Holders due the specialist issues involved. Discussions with the Rights Holders, their agent and legal advisors are ongoing. 1. The Interested Party challenges the Applicant that additional land area is required to be compulsory purchased for mitigation over and above the area required for the Scheme and considers this excessive use of compulsory powers. 2. Concern is expressed over re-wetting of the land to be compulsory purchased and the impact further down the line and the increase and change in potential flood zone in the surrounding farm land. 3. Will the Applicant look to the replacement mitigation land for carbon offset – this has not been mentioned in any correspondence and this should be clarified by the Applicant. 4. The Tenant (CH Cole & Sons (Cherry Orchard)) of the Orsett Fen is likely to be restricted from entering any of the replacement land into long term stewardship as it must be cultivated to prevent access rights. 5. The Interested Party has expressed its concern and strong objection to any additional access rights that may be sought over the replacement land. The existing Orsett Fen is not considered open space and with no rights to roam. Therefore, no further access rights should be granted or considered on any replacement land. There is no statutory obligation to improve routes for walkers, cyclists, and horse riders in the statutory process.