Representation by Northumberland Estates (Northumberland Estates)
- Date submitted
- 30 October 2020
- Submitted by
- Non-statutory organisations
We confirm that this representation is submitted on behalf of Northumberland Estates which is the organisation responsible for land registered in the name of a number of trusts and/or individuals which form part of Northumberland Estates (including but not limited to The Honourable George Dominic Percy, The Most Noble Ralph George Algernon Twelfth Duke of Northumberland, The Most Noble Richard Walter John Tenth Duke of Buccleuch, the Twelfth Duke of Queensberry, Viscount Matthew White Ridley, The Honourable James William Eustace Percy, The Honourable Richard Charles Percy and Percy Farms). We note that the proposed Development Consent Order ("DCO") affects a wide range of land and interests of Northumberland Estates although we are not able at this stage to confirm with certainty the precise extent of interests affected. Whilst we have engaged with Highways England over the course of the last year, the plans submitted with the DCO application have not previously been shared with the Estate and therefore we need to consider and review these further in order to assess the full impact of the DCO. We are aware at this stage that there are some interests which do not appear to have been acknowledged. In particular, Northumberland Estates own mineral rights south of the A1 near Felton. We require further clarification from Highways England of how the DCO proposes to deal with mineral interests. On the basis that we have not yet been able to ascertain the full impact of the proposals on the land/interests of Northumberland Estates, we object to the DCO application insofar as it affects the land/interests of Northumberland Estates and in addition to our comments below we expressly incorporate into our objection those outstanding issues in our letter to Highways England dated 2 May 2019. There are a number of specific concerns which we have shared with Highways England prior to the submission of the DCO application which remain relevant as follows:- 1) There is an electricity cable which connects to a wind farm and is currently located within the highways verge. Our position is that the electricity cable should continue to be located in the highways verge (albeit in the new location of the verge) and it is not necessary for further land to be acquired for the re-location of the electricity cable. We require further clarity from Highways England in relation to their proposals in respect of this. 2) In relation to the northern part of the area which is identified as a site compound on Land Plan 19, we made Highways England aware of the intention to develop this land in a number of meetings held earlier this year. Planning permission was granted for the construction of a 1,700 sqm B2/B8 general industrial shed and storage yards on 22 September 2020. We have instructed contractors to commence the development of this land and works will start imminently. Notwithstanding that we have previously suggested to Highways England that an alternative area of land could be made available and used as the site compound, disappointingly such proposals have not been developed by Highways England nor included in the DCO. 3) In addition to the point made above in respect of the site compound area, we have also notified Highways England that significant infrastructure (at a cost of £1.2 million) has been constructed in order to facilitate the development identified above. Whilst we expressly reserve our position as regards compensation, we are concerned that the approach envisaged in the DCO will to a greater or lesser extent undo or compromise the infrastructure works, and invariably add costs and delays to and adversely affect our proposed development. Furthermore, the DCO in this respect does not appear to have properly considered alternatives. We require further clarity in respect of this. 4) We have been engaging with Highways England in respect of the impact which the proposals will have on public rights of way. In particular, we have agreed (in principle) the routes of a number of diversions. The DCO application documents appear to still identify land/rights being acquired over the routes of existing rights of way that are proposed to be stopped up. We require further clarity in respect of this as we do not consider such acquisition to be necessary. 5) We have previously raised concerns with Highways England regarding the impact which the DCO proposals will have on the drainage of the arable fields through which the works will be completed. We consider that a drainage survey should be conducted in advance of the works commencing in order to document the existing drainage arrangements. Following the completion of the survey, a drainage strategy could be developed and agreed to ensure that any impact on the arable fields is mitigated against. 6) We require further clarity from Highways England on the proposals regarding the fencing, landscaping and ongoing maintenance (including the management of ragwort/other weeds) of the land acquired by Highways England that will be in close proximity to Northumberland Estates' land. 7) We are concerned to ensure that the extent of land take from the agricultural fields is limited to the minimum that is required. We require further engagement by Highways England regarding the proposed field boundary re-alignments and clarification and confirmation that all necessary steps will be taken to ensure that the land retained by Northumberland Estates is of a size/shape which allows for continued beneficial use and accessibility with modern commercial machinery. 8) Access arrangements and/or the quality of access routes requires further consideration particularly in relation to the access routes to Broxfield Farm, Rennington Moor and Goldenmoor Farm. 9) The extent and location of proposed woodland planting needs to be fully considered in the context of Northumberland Estates' sporting rights. 10) We require further clarity on the accessibility of the field parcel on Goldenmoor Farm bordering the A1 in relation to the permanent acquisition of land. As has been highlighted in previous meetings, farm access needs to be maintained to the parcel west of Denwick Burn that borders the A1. 11) We are concerned about the loss of access to the telecoms mast for which the Estate receives a rent and are concerned that the tenants will lose access and terminate the agreement. We understand that access will be taken by re-opening the old access from Heiferlaw Bank. This is a farm internal estate road and is not sufficient for other traffic. We are concerned that this new right will cause an impact on the farming of this land and lead to trespass. We are concerned about who will be maintaining this new access. We also understand that this will be used to access a retention pond, leading to further use of this small track. Further details are required to alleviate our concerns. 12) We are concerned about the dust, noise and vibrations affecting neighbouring properties and interests. Notwithstanding the guidance on the scope of representations, we reserve Northumberland Estates' position in respect of any further points that may need to be identified following further consultation of the documentation/plans now available. It is not readily apparent what the various impacts of the proposed DCO will be as it would appear to contradict some of the assurances that Highways England have given throughout our discussions (for example, in relation to the public rights of way proposals and the site compound).