Representation by Adrian Peter Hatton
- Date submitted
- 10 July 2024
- Submitted by
- Members of the public/businesses
Comments submitted by Lucie Muddiman (Savills (UK) Ltd) ‘Savills’ on behalf of Adrian Hatton to: “Register to have your say about a national infrastructure project due by 14 July 2024” Land Parcels 7/2d, 7/2i, 7/4a, 7/4b, 7/4c, 7/4d, 7/4e Previously fed into the consultation in response to a letter from Mr Philip Boffey dated 15 March 2023 (TR010065/S42(1)(d)Cat1&2/March/2023) seeking comments on the Targeted Consultation on the A46 Newark Bypass. 1.0 Preamble 1.1 Skanska and Mott Mac first approached my client Adrian Hatton in late 2022 to discuss the inclusion of his land within the A46 flood compensation Red Line Boundary Area. Since then Mott Mac, Skanska and National Highways ‘The Project Team’ have had regular meetings (often weekly meetings for the first part of 2023), together with the Mr Hatton, Lucie Muddiman (Savills), the solar developers Assured Asset Solar 2 Ltd (AAS2) (who have an Option (dated 12 April 2021) over Mr Hatton’s land) to arrive at a Flood Compensation Solution within the first iteration of the A46 Project Red Line Boundary. Having reviewed the documents submitted for the DCO Examination and in light of our discussions, our main points are set out below with detailed comments relating to each point set out further in this document:- 2.0 Main Points 2.1 The choice of Flood Compensation Area (FCA) and impact on potential solar scheme: we do not believe Mr Hatton’s land is the most suitable site, given the proposed solar project on the land (planning application number 23/01837/FULM). We do not believe this has been fully considered as part of the site selection process. The FCA could result in a viable solar scheme becoming unviable. 2.2 Redline DCO boundary and colour categorisation of land parcels: Areas included within the Red Line Boundary do not reflect the requirements of the FCA part of the Scheme (or our discussions with the Project Team); e.g. parcel’s coloured pink for permanent acquisition but discussions have been for a temporary acquisition and should therefore be blue. 2.3 Location of Access points: These are incorrectly shown on the plans both for FCA creation and maintenance. 2.4 Lack of Consultation: Whilst there have been ongoing discussions, once the Project Team arrived at their technical solution there was very little engagement thereafter; it took almost 1 year for the Project Team to supply their comments (16/5/24) on the Heads of Terms for the FCA returned by agent Savills (22/6/23). 2.5 Impact on Drainage: Lack of clarity in the DCO documents regarding future drainage of the FCA. 2.6 Sand and Gravel: Extraction of sand and grave to create FCA – lack of commercial agreement 2.7 Detail around flooding events, volumes of soil removed: Further clarity is sought regarding frequency, duration and depth of flooding at Kelham along with input and output volumes of soil to be removed. 3. Choice of Flood Compensation Area (FCA) (7/4e) 3.1 Lack of consideration of alternative sites and future land use of 7/4e 3.1.1 Within Document APP 047 – 6.1 Environmental Statement Chapter 3 Assessment of Alternatives, there is reference to other sites having been considered. 3.3.96 of this document states that in choosing the site, one of the considerations was existing land usage and future planning applications. However, despite their involvement, the developer AAS2 are not listed in APP – 059 in the Combined and Cumulative Effects Study, our concern is that National Highways have not sufficiently considered the proposed solar scheme for which a planning application was submitted (23/01837/FULM) to Newark and Sherwood District Council (NSDC) on 17 October 2023. 3.1.2 During our meetings with the Project Team we highlighted another possible site for the FCA which isn’t shown in APP 47 - 6.1 Environmental Statement Chapter 3 Assessment of Alternatives. 3.1.3 APP-170 6.3 Environmental Statement Appendix 9.3 Agricultural Land Classification Report identifies land at Kelham as mainly Grade 2 with a small area of Grade 3. This land grows high value crops including root crops, we believe that creating a temporary flood plain will limit the versatility of crops grown in this location and if the scheme proceeds with the work to create FCA it will affect the lands value. 4.0 Solar Project Application (7/4e) 4.1 Impact on AAS2 planning application and deliverability of the solar scheme 4.1.1 Mr Hatton and AAS2 have worked with the Project Team to look for suitable locations for the FCA - both within and outside the first iteration of the project red line boundary and within and outside of Mr Hatton’s land - thus limiting the impact on the AAS2 Ltd Solar Project. AAS2 Planning Application (23/01837/FULM) includes 176 acres in total. The Option Agreement for solar on Mr Hatton’s land includes 42.03 acres. Following all-party discussions, AAS2 Ltd removed Mr Hatton’s ‘Red House Field’ (8.55 acres (easterly section of 7/4e)) from their planning design to accommodate the FCA reducing the area of Mr Hatton’s land included in AAS2 planning application (23/01837/FULM) to 33.48 acres. However, approximately 5.27 acres of parcel 7/4e (the westerly section of 7/4e) included in solar planning application 23/01837/FULM is also included in the project redline boundary for flood compensation. If the FCA renders this 5.27 acres of the solar scheme unviable/ undevelopable, it is likely to render the whole scheme unviable. On a national level this will affect the deliverability of decarbonising the electricity system by 2035 and on a local level impact Mr Hatton as well as other landowners within the scheme. 4.1.2 Mr Hatton and AAS2 have been assured that a program will be put together to ensure that if planning consent for the solar scheme and the A46 Scheme are granted, the two schemes can work together in terms of being built and future land use. Whilst National Highways supplied a letter that was submitted with AAS2’s planning application confirming they would not object to AAS2’s planning application provided it did not conflict and it complied with the technical and land boundary requirements of their (A46) scheme, with the exception of A46- A46 Newark Bypass 6.1 Chapter 2 The Scheme (2.5.76) where it states that the EA have provided agreement in principal to the dual use of this land for the scheme, there has been no written assurance from National Highways that solar panels are viable on the land following construction of the FCA and in the event of the land flooding, or evidence within App-059 Combined and Cumulative Effects Study that AAS2’s solar project has been considered as part of the design process. 4.1.3 Drawing Title: GENERAL ARRANGEMENT PLANS REGULATION 5(2)(o) SHEET 7 OF 7 (Revision C02). The section of parcel 7/4e (the thinner section) that runs alongside the A617 is to form a drainage channel and bund, the bund will then form an access track for the solar. We do not believe land to the north of this (north of the purple hedgerow line) is required as part of the construction work and should not be included in the DCO Red Line Boundary, we consider the drainage channel and bund can be constructed from within the proposed grassland area (shown on the above drawing). 4.1.4 The red boundary line to the north of the purple hedgerow line overlaps the solar project design (planning application 23/01837/FULM) where the photovoltaic panels are to be sited, we have requested previously that this red line boundary is altered to minimize any potential impact on the solar scheme deliverability. 5.0 Land shown as Permanently Acquired and Land Shown as Temporarily Acquired within LAND PLANS REGULATION 5(2)(i) SHEET 7 OF 7 HE551478 RevC02 (Parcels 7/2i, 7/4c, and 7/4e). 5.1 Incorrect labelling of parcels based on discussions with the Project Team 5.1.1 7/4e - Land identified in pink to be permanently acquired on the LAND PLANS REGULATION 5(2)(i) SHEET 7 OF 7 HE551478 RevC02). There is provisional agreement (DV has returned Heads of Terms for a Lease/Licence – see 7.0 below) and reference is made in the Statement of Reasons to the negotiation for temporary acquisition, the Pink colour in the Land Plans should be changed to blue and reference to the acquisition changed to temporary with permanent rights. There is no requirement for permanent acquisition. 5.1.2 Land to be used Temporarily (7/2i and westerly section of 7/4c) in blue. This should be green as it is only to be used temporarily for initial mobilization, all access for ongoing maintenance should be through the access furthest east on the A617 planning consent 22/02437/AGR with no permanent rights acquired over 7/2i and the western section of 7/4c. 5.1.3 7/4c to the southeast of 7/2i should only be used temporarily for construction / widening of the drain and should be shown in green. A smaller, narrower section of this parcel running alongside 7/3b, 7/4d, 7/2d, 7/4a and 7/4b should be shown in blue for access and maintenance, we do not believe an area of almost 50 metres in width needs rights over it for ongoing maintenance. 7/4c should be reconfigured to reflect what is actually required for maintenance. 6.0 Access points to the FCA and supporting drains and infrastructure (Parcels 7/4e, 7/2i, 7/4c, 7/4d) 6.1 Location of access points 6.1.1 GENERAL ARRANGEMENT PLANS REGULATION 5(2)(o) SHEET 7 OF 7 includes access points into the FCA, these are incorrectly located and do not reflect discussions with the Project Team or plans supplied on email from Skanska (that are not yet in the A46 DCO library). The access points need relocating in accordance with the em dated 11 June 2024 to Kerri McGarrigle and others at Skanska. 7.0 Agreement for temporary access to construct FCA (Heads of Terms for an Option and Lease / Licence with permanent rights) (Parcels 7/2d, 7/2i, 7/4a, 7/4b, 7/4c, 7/4d, 7/4e) 7.1 Summary of negotiations 7.1.1 Mr Hatton and Savills have worked with the Project Team to provide solutions for the FCA. We were initially told that Heads of Terms needed agreeing by December 2022 but only received a first draft of these - which were skeletal in form - from NH solicitors on the 21/4/2023, these were considerably added to and returned by agent Lucie Muddiman (Savills) 22/6/2023, we did not receive a response until 16/5/2024 despite ongoing chasing. We require a commercial agreement for the work to be reached. 8.0 Drainage solutions for 7/4e, 7/4d, 7/3b, 7/2d, 7/4a, 7/4b, 7/2a 7/3a and 7/1a (FCA and channel through to the River Trent) and pre and post construction land drainage plans for land affected by the FCA and Mr Hatton’s retained land. 8.1 Further information on drainage required 8.1.1 Evidence to show that the FCA has been sufficiently designed so water flows back to the River Trent having flooded 7/4e (and 7/6a) and will not flood Mr Hatton’s retained land or leave it wetter for longer periods. 8.1.2 We require details of Land Drainage, pre and post construction, to mitigate any effects created by the FCA and associated channels and reserve the right to a run-off period to assess longer term impacts. 9.0 Landscaping and reinstatement of FCA (7/2d, 7/2i, 7/4a, 7/4b, 7/4c, 7/4d, 7/4e) 9.1 Reinstatement 9.1.1 APP – 051 TR010065/APP/6.1 Environmental Statement Chapter 7 Landscape and Visual Effects comments that the creation of a FCA will affect land at Kelham which will affect Parcels 7/2d, 7/2i, 7/4a, 7/4b, 7/4c, 7/4d, 7/4e, creating a depression in the local topography, top soil will be reinstated across the area and hedgerow removing; we do not believe any new gateways need to be created and hedgerow removed along the A617, access should be as discussed and referred to in 6.1. The above document also states that the land would be returned to agriculture, the SMP as part of the second iteration should be designed through consultation with Mr Hatton to ensure reinstatement enables this future use should the solar scheme not go ahead. 10.0 Sand and Gravel Minerals 7/2d, 7/2i, 7/4a, 7/4b, 7/4c, 7/4d, 7/4e 10.1 Treatment of sand and gravel owned Mr Hatton 10.1.1 APP – 184 6.5 Environmental Statement First Iteration Environmental Management Plan highlights existing sand and gravel at 7/2d, 7/2i, 7/4a, 7/4b, 7/4c, 7/4d, 7/4e. The creation of a FCA will require this material to be removed from site to remove the overburden prior to construction of the rest of the scheme. The majority of this sand and gravel is owned by Mr Hatton who should be paid for the material excavated. 11.0 Flooding, duration and depths 7/2d, 7/2i, 7/4a, 7/4b, 7/4c, 7/4d, 7/4e 11.1 Further detail required regarding frequency and duration of flooding, the volume of soil to be removed and replaced after the FCA has been created. 11.1.1 App-046 A46 Newark Bypass 6.1 Chapter 2 The Scheme states at 2.5.76 that the Kelham and Averham FCA covers an area of 125,000m2; At App-177 6.3 APP-13 Flood Risk Assessment 8.2.10 it states that in the 3.33% Annual Exceedance Probability (AEP) the flood compensation fills to a depth of 1.05m. Reviewing the documents App 179 - 6.3 Environmental Statement Appendix 13.4 Drainage Strategy Report 3.3.2 states (in relation to Farndon East and Farndon West) that these areas will be used as flood compensation in the event of extreme rainfall (1:100 years) and 1:30-year storm), however I have been unable to locate or confirm that this would be the frequency of use at Kelham and Averham. 11.1.2 APP 179 – 6.3 Environmental Statement Appendix 13.4 Drainage Strategy states discharge rates will be 5 litres per second (minimum flow required to minimize the risk of blockage from debris) APP – 194 7.5 Scheme Design Report states that it will use 5 600mm pipes to transfer floodwater. There is further discussion in the Flood Risk Assessment documents regarding blockages. Our concern is that with flood waters going through 5 600mm pipes there is bound to be blockages and a regular maintenance plan needs to be put in place to minimize this happening and the FCA taking longer to clear, or the water escaping elsewhere. 11.1.3 Whilst we know the total area of FCA required at Kelham (125,000m2) and the total volume of compensation for the displacement floodplain storage being 184,497m3 (APP-177 6.3 Environmental Statement - Appendix 13.2 Flood Risk Assessment 3.3.4), we do not know the volume of soil to be removed from Kelham and Averham, the volume to be returned or the duration of the flooding periods. 12.0 Recommendations 12.1 Realign redline boundary alongside the A617 to remove the overlap with AAS2 planning application. 12.2 Confirmation that AAS2 solar scheme will viable with the change of land use to a FCA. 12.3 Realign 7/4c (alongside 7/4d and 7/3b) to reflect the area actually required for maintenance. 12.4 Revise the categorisation of Land Parcel and amend colours as set out above in 5.0 12.5 Update GENERAL ARRANGEMENT PLANS REGULATION 5(2)(o) SHEET 7 OF 7 (and all other documents with access points) to show agreed access points as per the email dated 11 June 2024. 12.6 Pre and post construction drainage plans required. 12.7 Commercial agreement in place for the disposal of sand and gravel. 12.8 Continued engagement to agree Heads of Terms for the temporary acquisition of Mr Hatton’s land. 12.9 Clarify landowners understanding regarding depth, frequency and duration of flooding events and input and output volumes of soil.