Representation by Sylvia Mary Addison as owner and occupier of Spittals Farm (Sylvia Mary Addison as owner and occupier of Spittals Farm)
- Date submitted
- 1 September 2022
- Submitted by
- Members of the public/businesses
IN THE MATTER OF THE NATIONAL HIGHWAYS A66 NORTHERN TRANS-PENNINE PROJECT DEVEVELOPMENT CONSENT ORDER APPLICATION LAND TO BE ACQUIRED PERMANENTLY AT THE SPITTALS FARM, TEMPLE SOWERBY, PENRITH, CUMBRIA CA10 1 XQ ______________________________ REPRESENTATIONS OF JOHN MICHAEL ADDISON, SYLVIA MARY ADDISON AND ANDREW MICHAEL ADDISON (OWNERS) AND MESSRS J M & S M ADDISON (OCCUPIERS) ______________________________ 1. John Michael Addison, Sylvia Mary Addison and Andrew Michael Addison are owners in varying ownerships of a number of plots of land forming part of Spittals Farm, Temple Sowerby. The farm in total extends to around 343 acres at Spittals with a further 90 acres of land owned around Kings Meaburn and 5 acres of land rented locally. The business revolves around an intensive dairy herd of around 300 cows and all followers together with arable cropping supporting the dairy herd. Spittals Farm which is affected by the scheme is located either side of the A66 to the east of the village of Temple Sowerby (farm steading is at grid reference NY62192631). Approximately 24 acres are proposed to be acquired under a draft development consent order (“the DCO”) being sought for the National Highways A66 Northern Trans-Pennine Project (“the Project”). 2. By reference to the Book of Reference vol 3 (0405) and the Land Plans 1 & 2 at 5.13, the plot numbers listed at Annex 1 hereto are being sought to be acquired permanently or temporarily. 3. The parts of the farm to be permanently acquired include agricultural land but also shows farm buildings and accesses. 4. The owners or occupiers do not object to the principle of the Project but make the following representations on its effect on their ownership and occupation. 5. Lack of proper pre-application Consultation: The owners and occupiers say that the pre-application consultations resulted in little progress as National Highways provided very little detailed information. In particular, no progress has really been made since the November 2021 statutory consultation. The actual contractors and detailed designers were only appointed on the 1 July 2022. This means that to date the owners and occupiers have had no details to consider on design and the specifics on which they have been making enquiries consistently regarding issues such as underpass design and details of boundary treatments, drainage, services etc. This is in addition to a lack of fundamental responses from National Highways on core principles, being the matters set out herein. 6. Relevance of Agriculture: None of the consultation documentation provided any specific detail on how the impact of the proposals has been considered and then mitigated in terms of the effect on agriculture and the agricultural operations and businesses of many of those parties affect by the scheme. There is focus on the environment, ecology, archaeology, landscape, flooding, air quality etc but not one focus on the agricultural impact. This needs to be addressed in terms of detailed discussions at farm level about the impact of the proposals through construction and on completion. 7. Environmental Mitigation: First, land proposed to be acquired is excessive in area and should not be taken from the farm for environmental mitigation as the land so identified is grade 2/3 agricultural land and being highly productive its loss for the production of agricultural products and livestock is an extremely relevant consideration that must outweigh any environmental mitigation consideration. This is particularly (but not exclusively) the case concerning plots 0405-01-87, 0405-01-68, 0405-01-67, 0405-01-75, 0405-01-80, 0405-01-83, 0405-01-88, 0405-01-120, 0405-01-131, 0405-01-106 and 0405-02-03. It is also considered that land taken for environmental mitigation areas should be proportional to the land area being acquired from any particular landowner rather than some landowners having larger areas of mitigation and some having relatively little. 8. The environmental mitigation proposals overall have until now been presented without any overarching explanation as to how the areas identified for mitigation measures have been calculated and how the specific areas that have been allocated for mitigation works on the farm have been determined. We require more detailed information from National Highways on how the overall environmental mitigation has been calculated and explanation about what each measure means on the ground for the owners and occupiers. In order for an affected landowner to make a judgment about what they may or may not be willing to accept as environmental mitigation detailed management prescriptions and the type of management agreements that are envisaged need to be provided by National Highways. To date no such details have been produced. 9. A number of new and existing hedgerows are identified to be acquired. There needs to be detailed prescriptions provided for the management of these hedges, which need not be acquired and could be managed under management agreements. Details need to be provided on the specific management arrangements and agreements required by National Highways. 10. To date National Highways have not provided confirmation of how their proposed environmental management regime will affect owners own future environmental schemes, where use of land or planting hedges or managing existing hedges may be an option to secure participation or may be capable in future of being utilised for on farm carbon mitigation. This need to be understood. 11. The owners are prepared to consider offering other land as wetland area (south of plot 0405-01-88) if this were to reduce mitigation elsewhere on their holding. 12. We therefore at this stage object to all the environmental mitigation measures proposed on Spittals Farm until detailed management prescriptions and arrangements are provided and a sensible, practical discussion can be had as to the impact and changes that may be required to the current proposals to mitigate the impact on Messrs Addison’s business. 13. Land acquisition: The owners and occupiers have maintained that the extent of the red line boundary and the areas over which National Highways seek to take permanently and by temporary occupation is excessive. Despite asking on numerous occasions, the DCO documentation still shows the majority of land being permanently acquired. The owners and occupiers object to the extent of the proposed permanent acquisition and maintains that permanent land acquisition should be reduced to a minimum specifically the following areas are relevant. 14. First, substantial areas including yard area, existing farm buildings, a farm access track leading to an underpass and a large slurry lagoon as well as banks adjacent to those features are shown as being acquired (Plots 0405-01-85 and pt 0405-01-76 (west end). This is un-necessary and will cause significant impact on the current dairy operation when much of these areas can be occupied temporarily. Acquisition permanently will severely restrict the ability for future building expansion and use. 15. If, as desired, these areas are occupied temporarily then as cows access the areas twice daily during the summer and the buildings continuously all year and there is continuous machinery activity there will need to be arrangements for managed access throughout the works. To date no details have been provided. 16. Second, plot 0405-01-74 covers a main access into the farm and comprises part of the old A66 carriageway. There is no need to acquire this area or if it is rights of access need to be reserved for the owners and occupiers for all purposes at all times. No details have been provided to date by National Highways on any possible reserved rights of access anywhere on the scheme. 17. Third, compound and potential ecological mitigation (plot 0405-01-87) is located on dairy cow pasture where cows will graze in rotation all through the summer on a daily basis. A temporary access track would be needed to access the remainder of the field. It is considered more sensible to locate compound and any ecological features on the severed/uneconomic/misshaped area remaining in two land ownerships to the east of this plot. The land required for contractors’ compounds is excessive and should be reduced. If required only temporarily. They should not be acquired permanently. 18. Underpass Design: A fundamental requirement for ongoing use of the farm as an intensive dairy/livestock unit is provision of an underpass extension both north and south of the existing underpass under the widened carriageway and the newly constricted side road to the south. This is provided for in the initial design but to date no detailed designs for the underpass have been provided to ensure it is sufficient size and suitable constructions for modern farm machinery and matches at least the existing underpass. Detailed design must be supplied quickly. 19. Layby Locations: The owners and occupiers object to the proposed location of a layby immediately south of plot 0405-01-87 and consider in view of existing layby provision on the A66 to the west that this layby could be located in a less obvious raised position, for example adjacent to the proposed balancing pond to the east where screening can be provided more easily. 20. Miscellaneous design and related matters: first, there is no agreement on the following features: boundary treatment, specification and location of proposed walls, fences, hedges, gates, cattle grids, surface treatment of access tracks and service supplies. These are important matters to mitigate damage to the owners and occupier’s land. 21. Second, there is located immediately northwest of plot 0405-1-84 on retained land a substantial earth banked slurry store. Assurances are required that none of the proposed works will affect the structural integrity of this slurry store, as the acquisition boundary appears to incorporate the southern banking of the store. The area acquired should be minimised in this area. More details are required. The southern boundary also removes one of two vehicle accesses to the store and thus a second replacement access will be required. 22. Third, no detail has been provided on drainage schemes and the impact of additional drainage on the owners and occupiers neighbouring land. Specifically, where are the discharges from the balance ponds to the east of the owners and occupiers land? If these are towards Birk Syke (plots 0405-02-03, 0405-01-131, 0405-01-88, 0405-01-83, 0405-01-83 and 0405-01-75) this is unacceptable if it will result in flooding of these plots and adjoining land. No details have been provided to date. This is a crucial aspect as inadequate drainage arrangements can seriously affect the use and viability of agricultural land. 23. Compulsory acquisition restraints: In support of the points made above against the use of permanent acquisition, the Representors will rely on the guidance in Compulsory purchase process and the Crichel Down Rules (updated July 2019), particularly at paras 12 (there must be a compelling case in the public interest) and 13. In relation to the offers made above by the Representors to enter into rights for the benefit of National Highways, and to provide other land for mitigation plantings, and otherwise, there cannot be a compelling case in the public interest to acquire land in such circumstances. 24. In the cases mentioned above where rights can be granted in place of permanent acquisition, there are powers in the Planning Act 2008 for National Highways to seek rights, in place of permanent acquisitions, which power does not appear to have been considered. Annex 1 Category 1 land SHEET 1 0405-01-23 0405-01-50 0405-01-59 0405-01-61 0405-01-63 0405-01-64 0405-01-65 0405-01-67 0405-01-68 0405-01-69 0405-01-70 0405-01-71 0405-01-72 0405-01-74 0405-01-75 0405-01-76 0405-01-77 0405-01-80 0405-01-81 0405-01-82 0405-01-83 0405-01-85 0405-01-87 0405-01-88 0405-01-89 0405-01-90 0405-01-92 0405-01-93 0405-01-105 0405-01-106 0405-01-117 0405-01-120 0405-01-130 0405-01-131 0405-01-139 0405-01-141 SHEET 2 0405-02-03 0405-02-04 0405-02-05 0405-02-06 Category 2 land – Right of Access SHEET 1 0405-01-58 0405-01-60