Representation by National Farmers Union (National Farmers Union )
- Date submitted
- 4 November 2022
- Submitted by
- Members of the public/businesses
IN THE MATTER OF AN APPLICATION FOR A DEVELOPMENT CONSENT ORDER AND IN THE MATTER OF THE A12 CHELMSFORD TO A120 WIDENING SCHEME AND IN THE MATTER OF THE NATIONAL FARMERS UNION ______________________________ OUTLINE REPRESENTATIONS ______________________________ 1. Introduction 1.1 These are the Outline Written Representations of the National Farmers Union (“NFU”) on behalf of their members to the application for a Development Consent Order by National Highways for the identified scheme A12 Chelmsford to A120 widening scheme. 1.2 The objectives of the NFU are to champion farming in England and Wales and to provide professional representation and service to its members. 1.3 The matters raised in these Written Representations are matters not only of concern to the farming owners of agricultural land affected by this DCO, but also of concern to, and raise points of principle that will affect, members of the NFU having farm holdings that may be affected by similar infrastructure schemes. 2. Consultation and Engagement 2.1 One to one meetings have been held between landowners and representatives acting for National Highways (NH) and the NFU would like to see negotiations continuing with members who are directly affected. The NFU understands from agents that it is taking NH too long to respond to queries raised by agents and there are often not the correct people at meetings to discuss fundamental issues such as the area of proposed land acquisition. Further the NFU would like to enter into a Statement of Common Ground to understand and agree outstanding issues, including the wording that is being sought on practical issues which NFU would like to see being included in the First Iteration Environmental Management Plan (FIEMP). 3. Voluntary Agreements 3.1. The NFU understands from agents that there has been much more focus on entering into licence agreements for enabling works than negotiating voluntary agreements for land acquisition. The NFU understands from agents that many voluntary agreements have not been progressed due to lack of confirmation and negotiation around potential design changes and discussions regarding land acquisition where a landowner is wishing to have land back when the scheme is complete. The NFU would like to see NH having meaningful negotiations with landowners to seek a voluntary agreement and accommodating landowner’s requirements where possible with compulsory purchase only being a last resort. 4. Permanent Land Acquisition 4.1 The NFU raised concerns in the consultations regarding the amount of land that is proposed to be acquired on a permanent basis. Feedback from agents and members is that some landowners would like to retain a lot of these areas and would prefer for these to be taken temporarily, which include areas for borrow pits, ecological mitigation and balance ponds. The NFU understood from NH that discussions around moving permanent acquisition of land to temporary acquisition would take place under negotiations for voluntary agreements where the landowner’s requirements could be reflected, however it is understood that there has been a lack of negotiation and confirmation from NH around land acquisition. 5. Habitat Mitigation and Biodiversity Net Gain 5.1. Further to the response submitted to the consultation the NFU would still like to receive clarification as to why so much land is being taken for habitat mitigation and it is understood that (NH) have now identified a 25.01% biodiversity net gain for onsite habitat, 36.06% for Hedgerows and 156.73% gain for rivers. These figures do demonstrate a significant biodiversity net gain and the NFU would like further information on how this gain is being achieved. 5.2 The General Arrangement Plans show areas of ecology mitigation that are being acquired permanently. It also appears that land around features necessary for the operation of the scheme such as attenuation ponds have not been designated for ecology mitigation. The NFU feels that land that is acquired permanently for the operation of the scheme should be utilised for ecology mitigation before additional land is acquired for this purpose. The NFU would not want to see more land being compulsorily purchased to achieve a net gain on a linear infrastructure scheme. It is understood from the Agricultural Land Classification Survey Report that 69% of the land affected by the proposed scheme is Best and Most Versatile Land and therefore it is essential that the amount of land required for the scheme is kept to a minimum to safeguard food production and the viability of farming businesses. 5.3 The NFU would also like to see engagement with landowners regarding whether they would like the land that is to be used for habitat mitigation to be returned to them at the end of the scheme with a management agreement in place. The NFU understands that these discussions could take place under the voluntary agreements, however these discussions have not progressed. 6. Powers to Survey Land 6.1 It is noted that in the DCO under Article 26: Authority to survey and investigate the land under 26.1 (b) ii it is stated that HE can discharge water from sampling operations. The NFU would like further detail on the types of sampling that is to be undertaken and the quantities water that could be discharged. The NFU is pleased to see that 26.3. does state that the nature of the survey must be stated in the notice. The NFU would further like to see that the ALO as part of its role is to: “provide preconstruction survey information to landowners including company name, survey type and equipment to be used, an estimate of how long the surveys are expected to take and where surveys are to take place on land outside of the Order limits, an explanation of why such land is required”. 7. Temporary use of land for carrying out the authorised development 7.1 It is noted that in the DCO at Article 40 ‘Temporary use of land for carrying out the authorised development’ it is stated that a 14 day notice has to be served before taking entry. At a minimum the NFU will want to see a 28 day notice being served before entry is taken on to land on a temporary basis. Experience from other schemes is showing that a 14 day notice is not adequate. 8. Balance Ponds 8.1 The NFU would like information to be provided to explain why there are so many balance ponds required for the scheme. The NFU would like to see further negotiations with landowners especially in regard to the design and refinement of balance ponds and to see whether some of the balance ponds could be relocated next to field boundaries to minimise the impact on farmland. 9. Practical Matters included within the First Iteration Environmental Management Plan 9.1 The NFU has specific wording that it would like to see agreed and included in the FIEMP to cover how practical aspects of the construction should be dealt with in relation to agricultural land. The NFU wording covers the following: a) Agricultural Liaison Officer b) Records of Condition c) Soil Statements d) Biosecurity e) Irrigation f) Agricultural Land Drainage g) Treatment of Soils and Soil Restoration h) Agricultural Water Supplies The NFU is really pleased to see that some of the wording that has been agreed with NH on previous NSIP schemes has been adopted by NH and is in the FIEMP, however some of the provisions are not included. The NFU would like to meet with National Highways to discuss all of the wording that needs to be included and reach an agreement. 10. Dust 10.1 It is noted that within the FIEMP that dust will be controlled during construction, but clarification is needed on how dust will be controlled during construction to protect arable crops. The project will impact a vast area of arable crops that are grown in this area, quality of the crop is paramount. NFU would like to see details specific to dust control for agricultural crops. 11. Prohibition of Agricultural Vehicles 11.1 The A12 is used as a main route by a lot of agricultural businesses. NFU members are concerned regarding the suitability of local routes which will increase congestion and impact highway safety if more agricultural vehicles are moved to local roads in particular through Witham, Kelvedon High Street and around Marks Tey. It would be helpful if NH would highlight the alternative routes that that they consider agricultural vehicles will use. 12.0 Request to Attend Hearings and make Representations 12.1 The NFU wishes to request to make oral representations at the issue specific, draft DCO and compulsory acquisition hearings which may be held if necessary. The NFU will be working closely with the agents that represent the NFU members affected. Alice Sharlot Rural Surveyor NFU [Redacted] DATED 4th November 2022