Representation by A.T.O. Holdings Ltd (A.T.O. Holdings Ltd)
- Date submitted
- 20 June 2023
- Submitted by
- Members of the public/businesses
A.T.O. Holdings are the owners of plot 7-44 comprising 15,271m2. In addition our client owns plots 7-18 and 7-20 and has an interest as Tenant in plots 7-28,7-33,7-34,7-35,7-30,7-37,7-45 and 7-46. Our client understands that several parties will be objecting to the DCO on a variety of specific grounds such as noise, pollution and has no wish to replicate/duplicate those objections, suffice that it supports many. These objections relate to the following :- Plot 7-44 The plot surrounds the edge and traverses a field used for agriculture with a cereal crop rotation. It is a single field. Crossing the field is a PROW, but this footpath does not prevent of hinder agricultural cultivations and harvesting. The land forms part of a Green Belt release for housing and is allocated in the adopted N.H.D.C Local Plan for residential development. The DCO plans "Land and Crown Land Plans-Reg 5(2)(i) and 5(2)(n) sheets 3 and 7 of 10 shows hedging retained and being reinforced /augmented together with new hedge planting. The new hedge planting (parallel with the footpath) will sever the existing field, preventing access and creating 2 field parcels. The documents accompanying the DCO indicate that permanent rights are required in respect of this plot. These rights/works (work No 5e) are intended to be exercised between 2025 and 2027. As far as our client has been able to ascertain these permanent rights will comprise the imposition of Restrictive Covenants. We have not seen a draft of the Covenants, or whether in reality they may be enforced as Positive Covenants by a Deed of Covenant to be entered into by successors in title. The permanent rights effectively provide a degree and level of control over the the land which is tantamount to freehold ownership. For that reason, our client seeks an amendment to the permanent rights and requires the freehold acquisition with reserved rights for the claimant and successors in title to enter the land to construct and thereafter maintain vehicular, pedestrian, cycle access and to lay and maintain services, so that it does not impede the use of the retained land for agriculture or sterilize development for much needed housing. Plots 7-17,7-18,7-20 Our client is the owner of plots 7-18 and 7-20 and may have an interest in plot 7-17. Our client objects on the grounds that the land is not required for the purposes identified in the DCO. The rights over plot 7-20 and parts of 7-21 will serve no visual benefit as the views are screened by buildings. Plots 7-28,7-33,7-34,7-35,7-30,7-37,7-45,7-46 As noted above our clients interest is one of an agricultural tenant.. The acquisition and taking of rights over Tankards Farm will impede the agricultural operations on the holding, reducing the extent of cropped land and the new hedge planting will sever fields creating access issues and additional headlands. Our clients objections extend to all plots and references in which they have an interest whether or not specifically referred to above. We reserve the right to make further representations/objections.