Representation by Surrey County Council (as landowner representative) (Surrey County Council (as landowner representative))
- Date submitted
- 28 October 2023
- Submitted by
- Local authorities
SURREY COUNTY COUNCIL – RELEVANT REPRESENTATION AS LANDOWNER OCTOBER 2023 GATWICK AIRPORT NORTHERN RUNWAY PROJECT DCO PINS Reference: - TR020005 Introduction 1. This representation is made by Surrey County Council as landowner (“SCCaL”) and summarises its concerns about the impact of the Gatwick Airport Northern Runway Project (“the Project”) on certain sites within its ownership. A separate Relevant Representation has been made by Surrey County Council in respect of its non-landowner concerns. 2. SCCaL has held a number of meetings, at its request, with Gatwick Airport Limited (“GAL”) to discuss these concerns. To date no offer has been made to properly address, and offer mitigation to address, its concerns. The Council’s principal landownership 3. SCCaL owns land at Bayhorne Farm, Gatwick Dairy Farm and land adjoining Lowfield Heath Road. Each is impacted by works proposed by GAL under the Project. This representation is focussed on the first two sites where there are significant impacts which need to be addressed. It also summarises SCCaL’s concerns with the drafting of certain provisions of the draft Development Consent Order (“dDCO”) [AS-004] which will affect SCCaL’s land. SCCaL will, in subsequent submissions, set out its concerns about the impact of the scheme on other land on which it benefits from rights and other covenants. Bayhorne Farm 4. The land owned by SCCaL, and adjoining land in third party control, is allocated as a Strategic Employment Area, named Horley Strategic Business Park, under Policy HOR9 of the Reigate and Banstead Development Management Plan. The allocation covers 31ha, and specifically allocates delivery of a business park, comprising a range of commercial, retail and leisure facilities and open space, including outdoor sports facilities. 5. Policy HOR9 identifies that a new dedicated access from the M23/ Airport Way, and a secondary access from Balcombe Road will be central to delivering the Business Park. 6. The site is allocated as employment land responding to the need for strategic employment land in the borough of Reigate and Banstead, which is within the administrative area of Surrey County Council. It is an important site allocation that will deliver employment uses and create jobs, supporting the local economy. 7. The scheme proposals are set out at Schedule 1 to the dDCOunder Work No. 35. Works associated with the South Terminal Junction Improvements 8. The works proposed in the dDCO are extensive and hugely disruptive to the local area, sterilising any development on the site permanently with no mitigation proposed. The principal works will include: • Extensive realignment of the existing South Terminal Roundabout (“STR”) • Widening and realignment of the mainline carriageway of Gatwick Spur/Airport Way • Construction of a new eastbound merge slip road and new westbound diverge slip road from and to the Gatwick Spur to the STR • Realignment and widening of the existing Ring Road North and the existing Ring Road South • Realignment and widening of the existing B2036 Balcombe Road 9. There will also be new retaining walls and a replacement bridge on the Council’s land as well as extensive drainage works. 10. Approximately 5 acres of development land will be lost to implement these works as well as approximately 6 acres for use of development land as a construction compound. Owing to the nature of the works proposed at this location, it will be impossible to take a spur from the STR and this will prevent any future development on the adjoining land. 11. Prior to the DCO application being submitted Surrey County Council was in the process of bringing forward this site to deliver employment uses which are needed to support the growth of the local economy. The impact of the application is significant and non-reversable if development consent is granted. 12. At page 8 of the Statement of Reasons [AS-008] GAL states in respect of acquisition of land at Bayhorne Farm “The Applicant has issued Heads of terms to Surrey County Council and believes that there is no reason why a voluntary agreement cannot be concluded between the parties.” 13. SCCaL confirms the Heads of Terms have been rejected as they did not address the Council’s concern with respect to sterilisation of development land. The terms offered did not provide a basis for matters to be agreed between the parties by agreement. Therefore, GAL’s statement that a voluntary agreement can be reached based on the Heads of Terms is rejected and is not reflective of the Council’s position. 14. SCCaL would like GAL to propose appropriate mitigation against sterilisation of its development land. This could include ensuring the realignment of STR does not prevent access into the retained land and any structures and drainage works do not prohibit development on the adjoining land. Gatwick Dairy Farm 15. The dDCO would allow the permanent acquisition of c. 2.25 acres of agricultural land to facilitate Work Nos. 37 (Works associated with the Longbridge Roundabout junction) and 40 (Works associated with land to the north east of Longbridge Roundabout). 16. If development consent is granted this will result in the loss of agricultural land, which has been identified as potentially suitable for Biodiversity Net Gain purposes. 17. Replacement open space will be provided at Gatwick Dairy Farm. It is not clear what site selection process was adopted to determine why this is the most appropriate location for replacement open space. By its nature, open space should be accessible and beneficial to local communities. The proposed open space would sit between River Mole to the east and agricultural land to the west. It is not clear how this will benefit local communities, particularly since, by article 40(1) of the dDCO, the replacement open space land will not be provided until some time after the open space land has vested in GAL. Draft Development Consent Order 18. SCCaL has concerns about the drafting of the dDCO. A summary (which is not exhaustive) is set out below – • Article 28 (Compulsory acquisition of rights and imposition of restrictive covenants) – the breadth of powers sought under paragraph (1) and (2); • Article 31 (Time limit for exercise of authority to acquire land compulsorily) – the time limit of 10 years for exercising compulsory purchase powers is excessive, particularly in the context the construction programme provided in the ES Chapter 5: Project Description [APP-030]. • Article 35 (Acquisition of subsoil or airspace only) – it is currently unclear how this provision will affect SCCaL’s land. • Article 37 (Temporary use of land for carrying out the authorised development) – the breadth of powers sought under this article, particularly paragraph (11), and the uncertainty of how it will affect SCCaL’s land. • Article 39 (Temporary use of land for maintaining the authorised development) – the breadth of powers sought under this article, and the uncertainty of how it will affect SCCaL’s land.