Representation by The Right Honourable Francis Michael Earl of Listowel
- Date submitted
- 10 July 2024
- Submitted by
- Members of the public/businesses
Comments submitted by Lucie Muddiman (Savills (UK) Ltd) ‘Savills’ on behalf of Francis Michael Hare 6th Earl of Listowel ‘Lord Listowel’ to: “Register to have your say about a national infrastructure project due by 14 July 2024” Land Parcels 3/2k and 3/15a. 1.0 Preamble 1.1 My client’s land is subject to an Agricultural Holdings Act 1986 Tenancy, tenant John James Miller ‘John Miller’. We have had a number of meetings and Teams calls 28/11/2022, 29/11/ 23, 13/12/23, 13/03/24 and 3/7/24 however we are still to progress an agreement for the disposal of the freehold to National Highways; we have been informed this will be through an Option to Purchase. Our main points of concern are as follows:- 2.0 Parcel’s 3/15a and 3/2k to be permanently acquired. Reluctance of National Highways to engage to agree acquisition by agreement. 2.1 3/15a and 3/2k are shown on Land Plans Regulations 5(2)(i) Sheet 3 of 7 in Pink to be permanently acquired. The intended use as set out in General Arrangement Plans Regulations 5(2)(0) Sheet 3 of 7 the future use is 4 attenuation ponds. 2.2 This use is not agricultural or commensurate with agricultural use and therefore my client wishes to agree a disposal by agreement. 2.3 Savills have recommended a structure for the disposal of Lord Listowel’s land subject to tenancy (Savills also act for John Miller), however National Highways are yet to issue Heads of Terms and confirm they are in agreement. 2.4 This is creating uncertainty for my client and their tenant. 3.0 Minerals – land safeguarded for Minerals (3/15a and 3/2k) 3.1 The land is safeguarded in the Local Minerals Plan adopted 5 December 2005 (up to 2036). The loss of this land will mean the loss of any future potential to work these minerals, or future payment for an Option to work these minerals. This needs to be reflected in the Terms agreed for the agreement for disposal. 3.2 The creation of attenuation ponds will result in minerals being extracted, these minerals belong to my client and they should receive a payment for them. The land has not been identified for borrow pits. 4.0 Recommendations 4.1 Enter into a commercial agreement to agree the acquisition by agreement by National Highways of 3/15a and 3/2k.