Representation by Ward Hadaway LLP on behalf of the Hillary Family
- Date submitted
- 5 July 2024
- Submitted by
- Members of the public/businesses
Application by National Highways Limited for the M60/M62/M66 Simister Island Interchange Development Consent Order 202[ ]. Section 56 of the Planning Act 2008: Relevant Representation of John Hillary and David Hillary Ward Hadaway LLP is instructed to act on behalf of John Hillary and David Hillary (the Hillarys), who are the joint owners of the freehold title to land at Egypt Lane, Whitefield under title number GM706922 (the Hillary Land). The Application seeks the permanent and temporary acquisition of land and rights comprised in the Hillary Land. This Relevant Representation follows the Hillarys' two written responses to the Applicant's Sections 42/44 consultation, the latter such response is reproduced at Annex Q of the Applicant's Consultation Response (Examination Library Ref: APP-038 at E238). Full copies of the Hillarys' two written responses, and plans referred to therein, will be provided as part of the Examination. As the ExA is aware, the Places for Everyone (PfE) Plan Joint Development Plan 2022 to 2039 was adopted on 21 March 2024. Policy JPA 1.1 of PfE allocates the Hillary Land (and other land) as a large, nationally significant location for new employment-led development within what is known as the Northern Gateway opportunity area, between Bury and Rochdale. Policy JPA 1.1 recognises that the scale of the opportunity will help to deliver a significant jobs boost to wider northern and eastern parts of the conurbation, increasing the economic output from this area and helping to rebalance the Greater Manchester economy. It also includes the potential to deliver a significant amount of new housing as well as an appropriate range of supporting and ancillary services and facilities. Bury Council has commenced the production of a development framework in the form of a Masterplan and SPD, as required by Requirement 1 of Policy JPA 1.1. The JPA 1.1 allocation also sits within the wider North-East Growth Corridor (PfE Policy JP-Strat 7), which "extends eastwards from Junction 18 of the M62 and incorporates the Atom Valley Mayoral Development Zone to deliver a nationally significant area of economic activity", which "will be supported by a significant increase in the residential offer, thereby delivering truly inclusive growth over the lifetime of the Plan". The Atom Valley MDZ was formally designated by the Greater Manchester Combined Authority on 29 July 2022, and is one of six 'Growth Locations' across Greater Manchester that is designed to deliver new development, create and retain jobs, offer better job opportunities, enable training and skill development to increase the number of residents in employment. The purpose of the Atom Valley MDZ is to provide a clear mechanism to align public and private sector investment and ensure that there is commitment to the principle to delivering inclusive and sustainable growth. The Hillarys welcome the ExA's request for the Applicant to review its Application documents in light of the adoption of PfE. The Hillarys maintain and reiterate the following concerns in respect of the Applicant's proposed scheme insofar as it relates to the Hillary Land: - The Hillarys fundamentally reject any compelling need for environmental mitigation (in the form of biodiversity net gain) to be located on Plot 2/16b (Work 36) and/or Plot 2/16d (Work 38).The proposed land-takes equate to approximately 5.4ha and 5.3ha respectively. Environmental mitigation remains an element of the scheme which can be provided elsewhere within the current or an extended project boundary, or located off-site. The Applicant's Case for the Scheme itself acknowledges that there is no requirement for the scheme to provide biodiversity net gain (APP-147 at paragraph 6.11.32. It is plain therefore that the test in Section 122 PA 2008 is not made out in respect of such parts of Plot 2/16b or Plot 2/16d as are proposed for environmental mitigation. - The Hillarys consider that the locations of the attenuation pond and drain immediately to the east of the Northern Loop (Work 37) can be drawn tighter to the Northern Loop itself, with temporary haul routes and temporary footpath diversions routed outside of these and within Plot 2/16d (with temporary possession of part of Plot 2/16d for that purpose). - As above, the Hillarys fundamentally reject any compelling need for environmental mitigation to be located on Plot 2/16b (Work 36) and/or Plot 2/16d (Work 38). It follows that the acquisition of permanent rights over Plot 2/16c and/or Plot 2/16c continues to risk sterilising the balance of Plot 2/16b (insofar as it is not required for the formation of the Northern Loop itself). The Hillarys intend to rely on the Hillary Land's allocation for development within PfE and its designation within the Atom Valley MDZ (as well as any actual additional planning permissions / development orders (or the likelihood of obtaining the same)) in any calculation or assessment of the value of any land acquired or possessed pursuant to the Applicant's Project. The Hillarys are continuing to review the Applicant's plans, draft Order and Application documents, and are prepared to enter into negotiations with the Applicant in respect of a voluntary agreement for the disposal of such land and rights as is necessary for the construction of the Northern Loop itself (excluding land sought for environmental mitigation and for the attenuation pond and drain). The Examining Authority and the Secretary of State will otherwise need to be satisfied that the land and rights proposed to be acquired from the Hillarys is truly required to facilitate, or is incidental to, the scheme, and (critically) that there is a compelling case in the public interest for the land to be acquired compulsorily. The Hillarys respectfully request that the ExA treats them as an Interested Party for the purposes of the Examination and reserve the right to produce additional and further grounds of concern when further details of the Scheme and its effects on the Hillary Land are available.