Representation by The Home Office (The Home Office)
- Date submitted
- 5 October 2023
- Submitted by
- Other statutory consultees
This is a Relevant Representation on behalf of the Home Office (UK Visas and Immigration), provided in respect of the Applicant's application for a Development Consent Order (DCO) which seeks powers to build a new runway at Gatwick Airport. The Home Office is a Crown authority and is the lead government department for crime, the police, drugs policy, immigration, passports, and counter terrorism. Crown land The Home Office is aware from the application documents submitted by the Applicant, that the Order Limits for the DCO includes Crown Land in which the Home Office has an interest. The Secretary of State cannot make a DCO which includes a compulsory acquisition provision which would have the effect of authorising compulsory acquisition of the third party interest (being an interest held by or on behalf of the Crown) without the consent of the relevant Crown authority. Currently, the extent of the Home Office’s interests and the impacts of the development on them are not fully understood. The Home Office is currently reviewing the Applicant's Book of Reference (BoR) and Crown Land Plans. Limited consultation Despite provisions being included in the draft DCO in relation to the protection of Crown interests, at this stage there has been very limited consultation with the Home Office and Border Force that we are aware of which details the impacts of the development on Crown land/interests. Given the limited consultation with the Applicant, the Home Office is not currently in a position to consent to any provisions relating to crown land contained in the DCO. The onus should be on Applicant to discuss the proposed scheme with the Home Office as early as possible. Therefore, the Home Office would welcome proactive engagement with the Applicant to discuss fully the proposals and their impact on the Home Office's land interests. The Home Office needs commitment from the Applicant that any replacement Border Force facilities will be at least equivalent to the current facilities and fit for purpose and that it will be consulted fully in advance of the project's design freeze to ensure that the design of any replacement facilities are sufficient for the Border Force occupation and operation and fit for purpose. Given the points that have been raised above the Home Office will not consent to the inclusion of compulsory acquisition powers over Crown interests before the full extent of the impact of the DCO on Crown Land is known and sufficient commitment provided. The Home Office respectfully requests for the Applicant to provide a clear and exhaustive list of land and interests over which compulsory acquisition powers are sought, and details of any replacement facilities that are to be provided to enable the Home Office to be able to properly assess any impacts on Crown land with a view to being able to properly consider whether to provide its consent pursuant to section 135(1) of the Planning Act 2008.