Representation by Legal & General Investment Management Limited (Legal & General Investment Management Limited)
- Date submitted
- 4 November 2022
- Submitted by
- Members of the public/businesses
A12 Chelmsford to A120 Widening Scheme (the “Project”) National Highways (the “Promoter”) A12 Chelmsford to A120 Widening Scheme Development Consent Order 202[X] (the “DCO”) Relevant Representation – Legal & General Investment Management (“L&G”) L&G is the freehold owner of Eastways Industrial Estate, Witham CM8 3YQ (title number EX485441) (the “Estate”), which is located in close vicinity of the Project works to Junction 22. L&G is making a relevant representation in respect of the application for the DCO in order to protect its land interests located within the DCO limits. The Promoter’s Book of Reference (Application document 4.3) identifies that the Promoter is proposing both permanent acquisition (plot references 10/12a and 10/12b) and temporary use of land (plot references 10/12c, 10/12d and 10/12 e) and rights within the Estate. During the Promoter’s second round of consultation (9 November – 19 December 2021) L&G responded on 16 December 2021 requesting that the Promoter redraw the red line boundary of the DCO to exclude the Estate. This was based on L&G’s conclusion (set out in its 16 December 2021 consultation response and based on an expert consultant’s review of the information available) that no intended physical works were proposed within the Estate as part of the Project and that the inclusion of the Estate within the DCO red line boundary was a conservative measure to provide the Promoter with a factor of safety. There was therefore no justification for the compulsory acquisition of any of the Estate, or any rights over the Estate, whether permanent or temporary. Based on the documents that have been submitted with the Promoter’s DCO application, the Promoter has not engaged with L&G’s request and is still proposing permanent and temporary acquisition of the above plots in the Estate. Whilst L&G does not object to the principle of the Project, it objects to the compulsory acquisition, whether on a temporary or permanent basis, of land and rights within the Estate. L&G is not satisfied that the Promoter has provided any adequate justification for the need for the compulsory acquisition of its interests. The compulsory acquisition of the land by the Promoter will have a significant impact on L&G’s commercial operations at the Estate, including an impact on its tenants and the lease terms that L&G has agreed with those tenants. L&G repeats its request to the Promoter from its 16 December 2021 consultation response to redraw the red line boundary of the DCO to exclude the Estate. To the extent that the Promoter insists on compulsory acquisition in respect of the land within the Estate, it should provide L&G with an explanation as to why the land/interests are required and include protective provisions in the DCO to protect L&G’s interests and the interests of its tenants. L&G encourages engagement by the Promoter and L&G will continue to work with the Promoter. L&G reserves the right to make further representations as part of the examination process and to attend any relevant hearings.