Representation by Gatwick Green Limited (Gatwick Green Limited)
- Date submitted
- 10 November 2023
- Submitted by
- Members of the public/businesses
Gatwick Airport Northern Runway Project Relevant Representation by Gatwick Green Ltd 1.0 Introduction This Relevant Representation is made on behalf of Gatwick Green Limited (GGL) to the accepted application for a Development Consent Order (DCO) for the Northern Runway Project (NRP) submitted by Gatwick Airport Limited (GAL) to the Secretary of State (SoS) for Transport under the Planning Act 2008. GGL owns 63.3ha of land east and north east of Gatwick Airport, 44 ha of which is a proposed Strategic Employment Location allocation (‘Gatwick Green’ – Strategic Policy EC4) in the Draft Crawley Borough Local Plan (DCBLP, May 2023), primarily for strategic warehouse and distribution uses for buildings mainly over 100,000 sq ft. The site for Gatwick Green lies adjacent to the eastern boundary of GAL’s DCO Project Boundary. Gatwick Green will be one of the most significant commercial developments in the South East offering a unique opportunity for Crawley to power its recovery with a next generation of logistics infrastructure, jobs, and training. The Examination into the DCBLP has opened and the first Hearings are scheduled for 21st – 23rd November 2023, including into Gatwick Green and related matters. The DCO application does not fully address the concerns and objections raised in GGL’s previous representations at the pre-submission stage, dated November 2021 and July 2022. On this basis, GGL objects to the NRP proposals. The information contained in the DCO application does not change this position however, GGL is confident that through the adoption of a proportionate compulsory acquisition strategy and the inclusion of protective provisions in the DCO and appropriate control mechanisms in the relevant control documentation, its objection can be withdrawn and coexistence benefiting both development proposals enabled and secured. The nature of these objections is set out in this Relevant Representation. GGL’s objections can be summarised under three headings: 1.1 Land-take The DCO proposals identify both temporary possession and permanent compulsory acquisition of part of GGL’s land east and north east of Gatwick Airport. Adequate and effective consultation under the Act1 and the related guidance2 is required at the pre-submission stage in the DCO process. As a statutory consultee under s42 of the Act, GGL considers that there was a lack of sufficient meaningful engagement by GAL on the land-take requirements at the pre-application stage. Discussions have continued between the parties, but GGL remains concerned that GAL: 1) has failed to consider alternative designs or implementation methods that would minimise the extent of land proposed for compulsory acquisition; and 2) has failed to consider that, in respect of GGL’s land, the NRP can be delivered via a mix of temporary possession and permanent rights, and as a result, is seeking to compulsorily acquire freehold interests where temporary possession and the grant of rights would adequately achieve the same aims. 1 Planning Act 2008, s42, Duty to Consult 2 Planning Act 2008: Guidance on the pre-application process, Department for Community and Local Government, March 2015 (specifically paragraphs 15, 19 and 20) 3) has failed to include protective provisions within the DCO and relevant control mechanisms in the relevant supporting control documentation to ensure that access to GGL’s land both during construction and operation will be maintained at all times. 1.2 Transport and Highway considerations Whilst the DCO application and Environmental Statement describe the extent and nature of the highway schemes to support the NRP, the DCO must include protective provisions and appropriate control mechanisms in the relevant control documentation, to ensure that access to GGL’s land will be maintained both during construction and operation of the NRP project. The lack of detail on provision for active modes is unhelpful given that the Local Plan and NPPF focus on improving safe cycle and pedestrian routes. 2 Land-take GGL owns land north and south of the M23 spur road, the southern land accommodating the Gatwick Green proposed industrial and logistics allocation in the DCBLP. The DCO application includes details of the proposed acquisition of some of GGL’s land in these areas (see plan at Appendix 1). Land north of the M23 spur is also ear-marked for strategic employment uses. The land was identified by Reigate & Banstead Borough Council (RBBC) in 2015 as an area for potential future employment development – as reported to its Executive Committee on 15th October 2015 – and relates in part to c 40 ha of land east of Balcombe Road3, which includes the land owned by GGL. Whilst not allocated at this stage, it represents a realistic prospect acknowledged by RBBC, and its delivery should not be prejudiced by the NRP. GAL is seeking to compulsorily acquire the freehold to land owned by GGL north and south of the M23 spur, the majority of which, in the view of GGL, is not required to deliver the NRP Project. Section 122 of the Act requires the applicant to demonstrate that any land proposed for acquisition is needed to deliver the Project. Paragraph 11 of the Guidance4 states that an applicant should be able to demonstrate to the satisfaction of the Secretary of State that all reasonable alternatives to compulsory acquisition, (including modifications to the scheme), have been explored. The applicant will also need to demonstrate that the proposed interference with the rights of those with an interest in the land is for a legitimate purpose, and that it is necessary and proportionate. GAL has to date provided no detailed justification for the freehold acquisition of these areas in the context of the principles and requirements governing the compulsory acquisition of land and has failed to consider alternative means to acquiring the necessary rights to deliver the NRP Project. To demonstrate the point, GGL has divided the land into 3 sections (See Plan at Appendix 2) as follows: Area 1 – See plan at Appendix 2 This Area is identified by GAL within the DCO for both permanent acquisition and temporary possession. GGL has no objection to the area proposed for permanent acquisition. This area is identified within both the Crawley Borough Council adopted local plan and the DCBLP, as safeguarded for surface access for the wide spaced runway. GGL also has no objection to the temporary possession of land identified in Area 1. Area 2 – See plan at Appendix 3 This Area is identified by GAL within the DCO for permanent acquisition. 3 The other 30 ha west of Balcombe Road has been allocated in Reigate and Banstead Borough Council’s Development Management Plan (2019) as the planned Horley Business Park 4 Planning Act 2008 Guidance related to procedures for the compulsory acquisition of land (September 2013) GAL has given no detail or explanation as to why temporary possession and subsequent rights to inspect, repair, maintain, etc. of this area would not achieve the same aims and on that basis, GAL has failed to demonstrate the necessity for permanent acquisition. GGL objects to the permanent acquisition of this area and believes GAL should be required to demonstrate why temporary possession powers and subsequent grant of rights should not be sought as an alternative to permanent freehold acquisition. GGL believes that powers of temporary possession and subsequent rights to repair, maintain, etc. should be sought over Area 2. In support of this more proportionate alternative acquisition strategy, National Highways has rights over the area hatched black for ‘constructing maintaining inspecting altering repairing renewing and using a balancing pond thereon’ which demonstrates that permanent acquisition of the land is not necessary to deliver this aspect of the NRP Project. The area coloured green shows the existing access to a field in agricultural use, over which temporary possession and subsequent grant of rights can be granted to GAL – any power to temporarily possess this area must be conditional upon the inclusion of protective provisions within the DCO and relevant control mechanism in the relevant control documentation, to ensure that the green area will be kept clear and open at all times and the entrance in to the field will not be impaired. The DCO application has overlooked the loss of the agricultural access, which represents a major significant adverse effect in terms of ‘Agricultural Land Use and Recreation’. The GAL plans do not appear to confirm that GAL will ensure that the current access is maintained or offer an alternative agricultural access. Protective provisions and control mechanisms ensuring that access to this premises is at all times maintained must be included in the DCO. Area 3 – See plan at Appendix 4 The majority of this area has been identified for temporary possession/rights but does include the permanent freehold acquisition of part. GAL has not provided any compelling evidence that they cannot undertake the works that they need without freehold acquisition. In respect of that part proposed for permanent acquisition, no detail or explanation has been given as to why temporary possession and subsequent rights to inspect, repair, maintain, etc. of this area would not achieve the same aims and on that basis, GAL has failed to demonstrate the necessity for permanent acquisition. GGL objects to the permanent acquisition of this area and believes GAL should be required to demonstrate why temporary possession powers and subsequent grant of rights should not be sought as an alternative to permanent freehold acquisition. The DCO application has overlooked the loss of the access to the commercial premises from the public highway, which represents a major significant adverse effect in terms of the rights of the landowner and occupier to access from the public highway and the ongoing operation of the premises. The GAL plans do not appear to confirm that GAL will ensure that the current access is maintained or offer an alternative access to the commercial premises. Protective provisions and relevant control mechanisms ensuring that access to this premises is at all times maintained must be included in the DCO and relevant control measures and documentation. GGL remains willing and open to entering into an agreement with GAL and believes that to date, GAL has not satisfied the requirement to use reasonable efforts to acquire rights by agreement. A chronology of engagement is attached at Appendix 5 We have included at Appendix 6 draft protective provisions to secure that access to Gatwick Green is maintained at all times. Appendix 6 also includes proposed amendments to draft DCO Requirement 12, relating to the submission and approval of a Construction Traffic Management Plan. In addition to the proposed amends to draft DCO Requirement 12, GGL considers it prudent and necessary for GAL to be required to submit and gain the approval of an access strategy, to ensure that access to third party land during the operation of the Northern Runway Project is at all times maintained. 3 Highway Improvement Works Optioneering & Assessment The design criteria for assessing the revised Highway Improvement Works, includes road safety, design standards, highway capacity, construction methods and minimising disruption, and the need to limit impacts on the environment. However, none of these considerations address the need to demonstrate that the Highway Improvement Works represent the most appropriate solution that minimises effects both direct and in direct, and enables co-existence, particularly on private landowners. Proposed Gatwick Spur Road and Southern Terminal Access Proposal GGL has concerns over the Gatwick Spur Road Proposed South Terminal Roundabout Improvements in the DCO application. These specifically relate to the following: 1. GGL is pleased to see that as currently drawn the NRP Project does not have a direct operational impact upon the existing northern access for Gatwick Green however, GGL believes it is both necessary and prudent that protective provisions are included in the DCO and control mechanisms in the relevant control documents, to ensure that access to Gatwick Green shall at all times be maintained and no unforeseen or unassessed direct or indirect significant effects arise. 2. During the construction phase of the NRP, it is essential to ensure that the NRP Project takes full account of the proposed northern access to Gatwick Green. This relates to the impacts on the operation (or future provision) of the proposed junction on Balcombe Road to serve Gatwick Green, located adjacent to the M23 Spur overbridge. In order to ensure that access to Gatwick Green is maintained at all times during the construction of the NRP Project, the DCO should include protective provisions and control mechanisms in the relevant control documentation to ensure access to Gatwick Green is at all times maintained. 3. It is disappointing that there is a general lack of ambition for active travel and Local Cycling and Walking Infrastructure. This is particularly relevant to the proposed footpath south of the M23 Spur running between Balcombe Road and the southern terminal, which does not appear to include provision for cyclists. 4 Conclusions GGL maintains an objection to the NRP proposals given the matters raised in the Relevant Representation. More specifically, these matters relate to the following: 1. The absence of any assessment of the considerations / principles that must inform any compulsory / voluntary land acquisition for the NRP most particularly in relation to GGL affected interests. 2. The failure of GAL to: • adequately demonstrate that the land is required to deliver the Project and in any event, consider an alternative scheme design that would avoid in part and minimise the extent of land to be taken; • consider that temporary possession and the subsequent grant of rights can be granted in some areas to enable the NRP works to proceed, thereby avoiding the need to acquire the freehold of land by compulsory acquisition; • consider that the proposal to acquire the freehold of land owned by GGL north of the spur road is not justified and that temporary possession followed by the grant of necessary permanent rights would suffice. Noting too that unnecessary permanent acquisition could unnecessarily (and unjustifiably) frustrate the flexibility and ability to develop the land for future strategic employment purposes; • include in the DCO application an assessment to demonstrate that the Highway Improvement Works represent the most appropriate such as to limit the direct effects (land-take) and indirect effects on private landowners; • include protective provisions and relevant control mechanism to safeguard Gatwick Green’s northern access both during construction and operation of the NRP Project; • address the loss of an agricultural access to a parcel of GGL’s land north of the M23 spur as a result of the Gatwick Spur Road Proposed South Terminal Roundabout Improvements; and • address the loss of an access to commercial premises. 3. The continued lack of detail or defined schemes relating to shared transport and active travel modes.