Representation by The Crown Estate (The Crown Estate)
- Date submitted
- 19 March 2024
- Submitted by
- Members of the public/businesses
Application by Gloucestershire County Council for an Order granting Development Consent for the M5 Junction 10 Improvements Scheme Relevant Representations submitted on behalf of The Crown Estate submitted by Montagu Evans LLP These Relevant Representations are submitted on behalf of The Crown Estate. Our Client is the owner of land at the Gallagher Retail Park, Tewkesbury Road, Cheltenham, GL51 9RR which is directly impacted by the DCO. RELEVANT REPRESENTATIONS Land Sought The Crown Estate is the freehold owner of plots 13/3r, 13/6a and 14/5a (hereafter called “the Land”). The Scheme seeks to permanently acquire Land in the ownership of The Crown Estate within Plot 14/5a for the purposes of carrying out Environmental Compensation and Mitigation Works to offset the impact of the Scheme and in particular the development of the North West Cheltenham Development which is directly north of the Crown Estate’s property. Specifically, the Land is required for: (i) Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage, and ducting. (ii) Required for the alteration of the signalised junction serving Gallagher Retail Park and the B4634 to the south of the A4019 (Tewkesbury Road) with maintenance bay. (iii) Required for the diversion of telecommunication cable and associated apparatus and equipment. The acquisition of land in this location may have an impact on the enjoyment and use of the adjacent Gallagher Retail Park including the use of the A4019 (Tewkesbury Road)/B4634 junction which is the one of main access routes into the retail park and the servicing access. In addition, temporary possession of Plot 13/3r is required for road realignment and utility diversions and Plot 13/6a for the construction of a new road and utility diversions. CPO not last resort The Crown Estate does not object to the scheme in general but is concerned the Council has not attempted to negotiate in demonstrating that all reasonable alternatives to compulsory acquisition (including modifications to the Scheme) have been explored. The Council sets out the relevant sections of the Compulsory Purchase and Crichel Down Rules (“the CA Guidance”) in section 5.2 of the Statement of Reasons but has not followed it. It is possible to deliver the requirements for the Land without permanently acquiring the land. For example, the Council could occupy the Land (being Plot 14/5a) on a temporary basis to install such environmental compensation and mitigation works and acquire a permanent right to keep and maintain such works whilst leaving ownership of the Land with The Crown Estate. Also, The Crown Estate is concerned the Council has not considered the status of Plot 14/5a which has extant planning permissions for redevelopment, provides screening for the adjacent retail development, currently contains signage and contains a number of underground utilities used by the adjacent Retail Park. Failure to Negotiate So far, the Crown Estate are not aware of any attempts by the Council to acquire the Land by agreement. Indeed paragraph 7.1.3 of the Statement of Reasons confirms that the “Applicant (the Council) is proposing to acquire this (being the Crown Land) voluntarily”. This suggests that the Council had not made any attempts to do so prior to the submission of their DCO. So far, no heads of terms for a voluntary agreement have been issued to the Crown Estate. Appendix B to the Statement of Reasons sets out a Schedule of Negotiations in the land and progress of negotiations with persons subject to compulsory acquisition and temporary possession powers. The entry against the Crown Estate in respect of the Land states the Applicant issued a letter in October 2023 to seek Crown consent and to progress engagement and agreement of terms for voluntary acquisition. This letter does not attempt to negotiate with the Crown Estate to acquire their land by agreement. It merely seeks the Crown Estate’s consent that its Land interests can be compulsorily acquired to satisfy the provisions of Section 135 of the Planning Act 2008. This is plainly not the same as negotiating. Conclusion In conclusion there has been, so far, limited direct engagement and no negotiation with the Crown Estate as an affected landowner. Whilst the Crown Estate does not object to the Scheme as a whole, it requires an opportunity to discuss the importance of the Land to its adjoining retail development and how the loss of the Land can be mitigated. As set out above there are reasonable alternatives which are available to the Council to use the Land without having to acquire it. The Crown Estate is a willing and capable landowner who can maintain the Land in accordance with the Council’s DCO requirements whilst maintaining ownership. Montagu Evans LLP 19th March 2024