Representation by Ministry of Defence (Ministry of Defence)
- Date submitted
- 30 August 2022
- Submitted by
- Other statutory consultees
We represent the Ministry of Defence, owners of 9,700ha hectares of land to the north and south of the A66 in Cumbria, forming part of the Warcop training area. It is a site that is in regular, active use and forms an important part of the defence training estate being extensively used for infantry training and for other regular and territorial army units. National Highways is pursuing various land requirements in its DCO where it seeks powers of compulsory acquisition over parcels of land owned and occupied by MOD. Discussions over the use of Crown land for these purposes have taken place pre-submission of the DCO but did not result in terms being agreed. MOD has made clear to National Highways the difference between the tactical land to the north of the existing A66, of greatest concern, where present and future use of land containing facilities such as training areas, stores, accommodation and roadways would be affected, as distinct from non-tactical land to the south of the present A66, which is of far lesser concern. MOD is aware of Section 135 Planning Act 2008 and the restrictions it imposes on seeking powers of compulsory acquisition over Crown land in a DCO. In submitting this relevant representation MOD is in no way waiving the effect of that provision. MOD does however believe that its engagement with the examination process should be beneficial to all parties. Without intending this as a definitive list at this point, MOD has continuing concerns over; • the justification for the powers being sought over its land, • the ability of the land to meet the required purpose described in the DCO, • the potentially adverse effect on MOD’s ongoing use of its estate for the nationally important purposes described above and • the tenure by which National Highways seeks to acquire interests in MOD land. MOD’s position at the point of submitting this relevant representation is that it has concerns over the acquisition of its land as detailed in the DCO provisions on compulsory acquisition but remains willing to engage in dialogue with National Highways to seek agreement, if possible, on terms by which its consent can be given to this proposal.