A1 Birtley to Coal House Scheme Number: TR010031 · 2020-04-23 · 3/3kk, 3/3oo, 3/3pp, 3/3qq, 3/3rr, 3/3tt Y February 2020 A plan and schedule of the proposed land take was issued

A1 Birtley to Coal House

Scheme Number: TR010031

EXA/D4/013 Objections Schedule

Planning Act 2008

Rule 8(1)(b) The Infrastructure Planning

(Examination Procedure Rules) 2010

April 2020

A1 Birtley to Coal House Objections Schedule

Infrastructure Planning

Planning Act 2008

The Infrastructure Planning (Examination Procedure Rules) 2010

The A1 Birtley to Coal House Development Consent Order 20[xx]

Objections Schedule

Rule Number: Rule 8(1)(b) Planning Inspectorate Scheme Reference

TR010031

Application Document Reference Objections Schedule

Author: A1 Birtley to Coal House Project Team, Highways England

Version Date Status of Version Rev 0 20 April 2020 For Issue

Planning Inspectorate Scheme Ref: TR010031 Application Document Ref: TR010031/ Objections Schedule

1 Version 2 20 April 2020

mith

TR010031: A1 Birtley to Coal House Improvement Scheme: LIST OF ALL OBJECTIONS TO THE GRANT OF COMPULSORY ACQUISITION OR TEMPORARY POSSESSION POWERS (EXQ1: QUESTION EXQ1.3.1 – Deadline 4 update – 20 April 2020)

Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov

Interestvi Permanent/ Temporaryvii

Plot(s) CA? viii

Status of objection

1 Brett Morland Askew, Christopher Askew and Glenn Clifford Askew

RR-017

REP1-023

Parts 1 and 2

Temporary Acquisition and Permanent Rights

4/3i, 4/4a, 4/4b, 4/4c, 4/4d, 4/4e, 4/4f

Y February 2020 There is no evidence of inaccuracy or adverse effects upon persons represented by GFW LLP. The Applicant disagrees with the consultee’s submission that the land referencing undertaken in support of the Application is inaccurate or incomplete and there is no evidence to suggest that there has been an adverse effect on the persons represented by GWF LLP. In preparing the DCO application the Applicant has carried out diligent inquiry in order to identify all persons with an interest in the Land as defined in section 44 of the 2008 Act. Section 4 of the Statement of Reasons [APP-016] sets out the approach the Applicant has taken regarding the identification of land interests. Land referencing was undertaken during pre-application and included; a search of HM Land Registry records, land interest questionnaires (LIQ)(issued to all Category 1, Category 2 and Category 3 interests), and site visits where appropriate. In addition, further HM Land Registry searches were conducted over the course of pre-application and pre-examination to ensure that any changes in title in


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

respect of land potentially required for or affected by the Scheme were identified. It is in the interest of all parties that the information held by the Applicant is accurate and up to date. The consultee has given no detail of the alleged inaccuracies in land referencing. Rather, the submission is that, as the Applicant has been unwilling to pay for the cost of legal representation, that necessarily means that the land referencing is inaccurate. That submission is not logical. There is no requirement for the promoter of a DCO which includes compulsory purchase powers to pay for the costs of landowners in obtaining legal advice on the implications of a proposed acquisition. In common with other promoters, it is not the Applicant’s policy to use public money to compensate a land interest for completion of the Land Interest Questionnaire. The consultee also submits that the Applicant cannot demonstrate that they have taken all reasonable steps to acquire land and rights by agreement. The Applicant considers all reasonable steps have been taken. The Applicant has met with Robyn Peat twice - once to discuss the land take/use and scheme generally and understand any initial concerns. At a second meeting the applicant explained we would


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

attempt to negotiate and agree the acquisition and checked the Askew’s were open to this process. They confirmed they were. The matter of the LIQ and costs has consistently come up and the Applicant has never changed their approach to this. The Applicant issued an offer of compensation on the 21st February 2020 and intends to open discussions specifically around matters relating to accommodation works and other heads of claim now the offer has been issued. April 2020 As detailed above, the Applicant issued an offer of compensation to the consultee’s agent on 21st February 2020. The only response received to date was on 22 February 2020 to request confirmation that Highways England will pay the agent's fees for discussing the offer with the consultee. This confirmation was provided by the Applicant on 25 February 2020. Subsequently, on 11 April 2020 the Applicant requested further details of the consultee’s grievances with regard to accommodation works, drainage works and the Applicant’s land referencing process. No further response has been received from the consultee or their agent.

2 Christopher Wilson and Marie Wilson

Parts 1, 2 and 3

Permanent and Temporary Acquisition

4/13a, 4/13b, 4/13c, 4/13d, 4/13e, 4/13f, 4/14a, 4/14b, 4/14c, 5/3a,

Y

February 2020 Christopher and Marie Wilson would


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

like land-take reduced and a retaining wall built to support the highway structure instead. Should that not be possible then they request substantial fencing beyond the standard post and rail fence proposed to mitigate the increased impact of noise etc. to their development plot. An offer of compensation based on current plans was issued to the objector on the 21st February 2020. April 2020 As detailed above, the Applicant issued an offer of compensation on 21st February 2020. The parties are now engaged in further negotiations. The landowner’s agent made a return offer on 4 March 2020. On 11 April 2020, the Applicant requested further details as to the breakdown of the figure provided by the landowner’s agent, and now awaits this further information.

3 David Herbert Hankey

RR-011

Parts 1, 2 and 3

Temporary Acquisition and Permanent Rights

4/3n, 4/3p, 4/6a, 4/6b, 4/6c, Y

February 2020 An offer of compensation will be made by the Applicant to Mr Hankey by the end of February 2020. Shortly after, discussions will commence which seek to ensure disruption to his operations are kept to a minimum wherever possible. April 2020 On 21 February 2020, the Applicant issued an initial offer of compensation to the landowner’s agent. This was


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

rejected on 2 March 2020, and a meeting had been scheduled to discuss this matter further on Monday 30th March 2020. Due to the COVID-19 restrictions put in place by Central Government it was agreed to postpone this and hold a meeting over the phone at a date to be confirmed. However, the landowner’s agent has been unable to access the relevant files, which remain in the agency’s offices. The Applicant has made clear that it is willing to continue discussions as soon as it is practicable for the landowner’s agent to do so.

4 Environment Agency RR-001

REP1-009

REP2-064 Parts 1 and 2


3/3a, 3/3c, 3/3d, 3/3e, 3/3f, 3/3g, 3/3h, 3/3i, 3/3j, 3/3k, 3/3l, 3/3m, 3/3o, 3/3p, 3/3q, 3/3s, 3/3t, 3/3u, 3/3w, 3/3x, 3/3z, 3/3cc, 3/3dd, 3/3ee, 3/3ff, 3/3gg, 3/3hh, 3/3ii, 3/3kk, 3/3oo, 3/3pp, 3/3qq, 3/3rr, 3/3tt

Y February 2020 A plan and schedule of the proposed land take was issued to the Environment Agency on 7th August 2019. No response has been received yet. An offer of compensation was issued on 21st February 2020 and discussions will commence shortly to address the comments outlined in REP1-009 regarding the potential impact of the Scheme on the gauging station and telemetry software facilities. April 2020 As detailed above, the Applicant issued an offer of compensation on 21st February 2020. A follow up email was issued on 15 April 2020 and the Applicant awaits a response. Discussions to address the Environment Agency’s comments in their Written Representation REP1-


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

009 (potential impact of the Scheme on the gauging station and telemetry facilities) are ongoing and are set out in the Statement of Common Ground [REP2-054]. Discussions with the Environment Agency have covered protective measures for the gauging station which are included in the Draft DCO [REP2-044 and REP2-045]. Additional measures have been included within the Outline Construction Environmental Management Plan (CEMP) [REP2-050 and REP2-051] to ensure sufficient protection for the gauging station. This agreement is covered in Section 3, Table 3-1, Item 7.

5 Gateshead Council REP1-005

REP2-065, REP2-066

Parts 1 and 2


1/1, 3/2b, 3/3a, 3/3b, 3/3c, 3/3d, 3/3e, 3/3f, 3/3g, 3/3h, 3/3i, 3/3j, 3/3k, 3/3l, 3/3m, 3/3n, 3/3o, 3/3p, 3/3q, 3/3r, 3/3s, 3/3t, 3/3u, 3/3v, 3/3w, 3/3x, 3/3y, 3/3z, 3/3aa, 3/3bb, 3/3cc, 3/3dd, 3/3ee, 3/3ff, 3/3gg, 3/3hh, 3/3ii, 3/3jj, 3/3kk, 3/3ll, 3/3mm, 3/3nn, 3/3oo, 3/3pp, 3/3qq, 3/3rr, 3/3ss, 3/3tt, 3/3uu, 3/3vv, 3/3ww, 3/3xx, 3/3yy, 3/3zz, 3/3aaa, 3/3bbb, 3/3ccc, 3/3ddd, 3/3eee, 3/3fff, 3/3ggg, 3/3hhh, 3/3iii, 3/3jjj, 3/3kkk, 3/3lll, 3/3mmm, 3/3nnn, 3/4a, 3/4b, 3/4c, 3/4d, 3/4e, 3/4f, 3/4g, 3/4h, 3/4i, 3/4j, 3/4k, 3/4n, 3/4o, 3/4q, 3/4r, 3/4t, 3/10a, 3/10b, 3/10c, 3/10d, 3/10e, 3/10g, 4/1k, 4/1p, 4/1s, 4/1t, 4/2a, 4/2c, 4/2d, 4/2e, 4/3a, 4/3b, 4/3c, 4/3d, 4/3e, 4/3f,

Y February 2020 The Applicant issued an offer of compensation to Gateshead Council (the “Council”) on the 21st February 2020. The Council are correct in their representation that they are entitled to compensation and they will be compensated for the value of the land taken both permanently and temporarily. They may receive compensation under the other heads of claim if it is appropriate, compensation for losses under injurious affection and disturbance will need to be proved by the applicant. In response to their representation in REP1-005 regarding ecology/biodiversity and the extent of Council land/rights to be acquired by the Scheme, this will be addressed through the environmental mitigation proposed.


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

4/3g, 4/3h, 4/3i, 4/3j, 4/3k, 4/3n, 4/3r, 4/3s, 4/3t, 4/4c, 4/4e, 4/4f, 4/5, 4/7a, 4/7b, 4/9b, 4/1, 4/12a, 4/12c, 4/13f, 4/14b, 4/14c, 4/15, 5/1a, 5/1b, 5/5a, 5/5b, 5/5c, 5/5d, 5/5e, 5/5f, 5/9, 5/10a, 5/10b, 5/10c, 5/10d, 5/10e, 5/10f, 5/10g

April 2020 The Applicant has not had any response to the offer of compensation issued on 21st February 2020. The Applicant is currently in discussions with Gateshead Council in relation to their Statement of Common Ground [REP2-052] in relation to compensatable interests. The landscape and habitat mitigation design is being updated and currently under discussion.

6 Network Rail Limited RR-003

REP1-016, REP1-017

REP2-063 Parts 1, 2 and 3


3/3jj, 3/3mm, 3/3nn, 3/3ss, 3/4c, 3/4d, 3/4e, 3/4f, 3/4g, 3/4i, 3/5, 3/6a, 3/6b, 3/6c, 3/6d, 3/6e, 3/6f, 3/6k, 3/9, 3/10a, 3/10b, 3/10c, 3/10d, 3/10e, 3/10f, 3/10g, 3/10h, 3/10i, 3/10j, 3/10k, 3/11, 3/12a, 3/12b, 3/12c, 3/12e, 3/12f

Y February 2020 The Applicant will be opening formal negotiations with Network Rail Limited w/c 24th February 2020 once an initial offer has been made. The Applicant received details of their requirements in 2019 and the offer takes account of this as far as is possible at this time. April 2020 The Applicant is engaged in ongoing discussions with Network Rail as to the terms of a transaction to acquire the requisite interests in land, and the outcome of these discussions will impact on a compensation figure (if any). As such, the Applicant has not yet made an initial offer of compensation. However, the matters detailed in Network Rail’s Deadline 2 representations [RR-003] are the subject of ongoing discussions


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

between the parties. The outstanding matters for agreement will be set out in the Statement of Common Ground submitted as soon as possible following Deadline 4 [REP2-058].

7 Northern Gas Networks Limited

RR-004, REP2-073

REP1-019

REP2-071, REP2-072, REP3-009

Parts 1, 2 and 3


2/2, 3/1, 3/2a, 3/2b, 3/2c, 3/3a, 3/3b, 3/3c, 3/3d, 3/3e, 3/3f, 3/3g, 3/3h, 3/3j, 3/3k, 3/3l, 3/3m, 3/3n, 3/3o, 3/3p, 3/3q, 3/3r, 3/3s, 3/3v, 3/3w, 3/3x, 3/3y, 3/3aa, 3/3cc, 3/3dd, 3/3ee, 3/3hh, 3/3ii, 3/3jj, 3/3ll, 3/3mm, 3/3nn, 3/3o, 3/3qq, 3/3ss, 3/3tt, 3/4a, 3/5, 3/6a, 3/6b, 3/6c, 3/6d, 3/6e, 3/6f, 3/6g, 3/6h, 3/6i, 3/6j, 3/6k, 3/6l, 3/6m, 3/8, 4/1a, 4/1b, 4/1c, 4/1g, 4/1h, 4/1k, 4/3a, 4/3b, 4/3c, 4/3g, 4/3l, 4/3m, 4/3n, 4/3o, 4/3q, 4/6a, 4/6b, 4/6c

Y February 2020 The Applicant will be opening formal discussions with Northern Gas Networks Limited w/c 24th February 2020 once an initial offer has been made. Their representations regarding the extent of land to be acquired and need for additional information are noted and have been addressed in the Applicant’s response to RR-004. April 2020 The Applicant sent an initial offer of compensation to NGN on 21st February 2020. Initial feedback was received from NGN on 2 March 2020, along with a request to meet and discuss further. However, due to the COVID-19 restrictions put in place by Central Government, the parties have agreed to postpone this meeting until these restrictions are lifted. However, NGN’s representations regarding the extent of land to be acquired and need for additional information are the subject of ongoing discussions between the parties. The Applicant’s responses to NGN’s representations submitted at Deadline 3 are set out in [EXA/D4/007], while the outstanding matters for agreement are set out in the Statement of Common Ground


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

submitted at Deadline 4 [REP2-057]. NGN has confirmed that it supports the inclusion of the additional land subject to the reservation of space within the original Order limits for the CNG filling station.

8 St Mary Magdalene and Holy Jesus Trustee Limited

RR-010

Parts 1, 2 and 3


4/2d, 4/2e, 4/3r, 4/3s, 4/3t, 4/6a, 4/6b, 4/6c

Y February 2020 A formal offer will be made to the trust by the end of February 2020. Their concerns outlined in RR-010 are noted and discussions regarding the restoration of the land will commence once the offer has been issued. April 2020 On 21 February 2020, the Applicant issued an initial offer of compensation to the landowner’s agent. This was rejected on 2 March 2020, and a meeting was scheduled to discuss this matter further on Monday 30th March 2020. Due to the COVID-19 restrictions put in place by Central Government we have agreed to postpone this and hold a meeting over the phone at a date to be confirmed. However, the landowner’s agent has been unable to access the relevant files, which remain in the agency’s offices. The Applicant has made clear that it is willing to continue discussions as soon as it is practicable for the landowner’s agent to do so.

9 Thomas Arthur Hamish Ninth Baron Ravensworth (as executor for Lord Arthur Waller Eighth

RR-016

Parts 1 and 2


1/1, 2/1, 2/2, 3/1, 3/2a, 3/2b, 3/2c, 3/2d, 3/2e, 3/2f, 3/2g, 3/2h, 3/2i, 3/2j, 3/2k, 3/2l, 3/2m, 3/2n, 3/3a, 3/3b, 3/3c, 3/3d, 3/3e, 3/3f, 3/3g, 3/3h,

Y February 2020 The Applicant issued a formal offer of compensation on the 21st February 2020 and discussions will commence


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

Baron) 3/3i, 3/3j, 3/3k, 3/3l, 3/3m, 3/3n, 3/3o, 3/3p, 3/3q, 3/3s, 3/3t, 3/3u, 3/3v, 3/3w, 3/3x, 3/3z, 3/3aa, 3/3bb, 3/3cc, 3/3dd, 3/3ee,3/3ff, 3/3hh, 3/3gg, 3/3ii, 3/3jj, 3/3kk, 3/3ll, 3/3nn, 3/3oo, 3/3pp, 3/3qq, 3/3rr, 3/3tt, 3/3uu, 3/3vv, 3/3ww, 3/3xx, 3/3yy, 3/3zz, 3/3aaa, 3/3bbb, 3/3ccc, 3/3ddd, 3/3fff, 3/3ggg, 3/3hhh, 3/3iii, 3/3jjj, 3/3kkk, 3/3lll, 3/3mmm, 3/3nnn, 3/4a, 3/4b, 3/4c, 3/4d, 3/4e, 3/4f, 3/4g, 3/4h, 3/4i, 3/4j, 3/4k, 3/4l, 3/4m, 3/4n, 3/4o, 3/4p, 3/4q, 3/4r, 3/4s, 3/4t, 3/5, 3/6a, 3/6b, 3/6c, 3/6d, 3/6e, 3/6f, 3/6g, 3/6h, 3/6i, 3/6j, 3/6k, 3/6l, 3/6m, 3/7, 3/9, 3/10c, 3/10d, 3/10e, 3/10f, 3/10g, 3-10h, 3/10i, 3/10j, 3/10k, 3/12a, 3/12b, 3/12c, 3/12d, 3/12e, 3/12f, 4/1a, 4/1b, 4/1c, 4/1d, 4/1e, 4/1f, 4/1g, 4/1h, 4/1i, 4/1j, 4/1k, 4/1l, 4/1n, 4/1m, 4/1o, 4/1q, 4/1r, 4/1s, 4/1t, 4/2b,4/2c, 4/3a, 4/3b, 4/3d, 4/3e, 4/3f, 4/3g, 4/3h, 4/3i, 4/3j, 4/3k, 4/3m, 4/3o, 4/3q, 4/4a, 4/4b, 4/4d, 4/6a, 4/6b, 4/6c, 4/7a, 4/7b, 4/7c, 4/8, 5/2a

shortly. April 2020 The Applicant is now engaged in negotiations with the land agent for this landowner.

10 Northumbrian Water Limited

REP1-026

Parts 1, 2 and 3


3/2a, 3/2b, 3/2c, 3/2d, 3/2e, 3/2f, 3/2g, 3/2h, 3/3a, 3/3c, 3/3d, 3/3e, 3/3f, 3/3g, 3/3h, 3/3i, 3/3j, 3/3k, 3/3l, 3/3m, 3/3n, 3/3o, 3/3q, 3/3r, 3/3v, 3/3x, 3/3aa, 3/3cc, 3/3dd, 3/3ee, 3/3ii, 3/3oo, 3/3qq, 3/3ss, 3/3zz, 3/3aaa, 3/3bbb,

Y February 2020 Land interests for Northumbrian Water are being reviewed and contact will be made by the end of February 2020 to open discussions. The response outlined in REP1-026 is


Obj No.i

Name/ Organisation

IP/AP Ref Noii

RR Ref Noiii

WR Ref Noiv

Another Doc Ref Nov


Plot(s) CA? viii

Status of objection

3/4a, 3/4n, 3/4o, 3/6a, 3/6c, 3/6g, 3/6e, 3/6j, 3/10i, 4/1a, 4/1b, 4/1c, 4/1f, 4/1g, 4/1h, 4/1i, 4/1j, 4/1k, 4/1s, 4/3a, 4/3b, 4/3c, 4/3d, 4/3e, 4/3f, 4/6a, 4/6b, 4/6c, 4/15, 5/1a, 5/1b, 5/2a, 5/2b, 5/3a, 5/3b, 5/4c, 5/4d, 5/5a 5/5b, 5/10f,

noted regarding the protection of assets and services for customers. April 2020 The Applicant contacted Northumbrian Water by email on 20 April 2020, in order to seek further information regarding any potentially compensatable interests and, if so, whether they intend to make a claim. Discussions are ongoing between the Applicant and Northumbrian Water regarding the protection of assets and services for customers.

i Obj No = objection number. All objections listed in this table should be given a unique number in sequence.

ii Reference number assigned to each Interested Party (IP) and Affected Person (AP)

iii Reference number assigned to each Relevant Representation (RR) in the Examination library

iv Reference number assigned to each Written Representation (WR) in the Examination library

v Reference number assigned to any other document in the Examination library

vi This refers to parts 1 to 3 of the Book of Reference: • Part 1, containing the names and addresses of the owners, lessees, tenants, and occupiers of, and others with an interest in, or power to sell and convey, or release, each parcel of Order land; • Part 2, containing the names and addresses of any persons whose land is not directly affected under the Order, but who “would or might” be entitled to make a claim under section 10 of the Compulsory Purchase Act

1965, as a result of the Order being implemented, or Part 1 of the Land Compensation Act 1973, as a result of the use of the land once the Order has been implemented; • Part 3, containing the names and addresses of any persons who are entitled to easements or other private rights over the Order land that may be extinguished, suspended or interfered with under the Order.

vii This column indicates whether the applicant is seeking compulsory acquisition or temporary possession of land/ rights

viii CA = compulsory acquisition. The answer is ‘yes’ if the land is in parts 1 or 3 of the Book of Reference and National Grid are seeking compulsory acquisition of land/ rights.

xx [Reference number allocated by the Planning Inspectorate]

/2.1 TR010031 Planning Inspectorate Scheme Ref:

Application Document Ref: TR010031/APP

Planning Inspectorate Scheme Ref: Page 2 Application Document Ref: TR0100 /APP/2.1

If you need help accessing this or any other Highways England information, please call 0300 470 4580 and we will help you.

© Crown copyright 2019. You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence: visit www.nationalarchives.gov.uk /doc/open-government-licence/ write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email [email protected].

This document is also available on our website at www.gov.uk /highways

If you have any enquiries about this document [email protected] or call 0300 470 4580*.

*Calls to 03 numbers cost no more than a national rate call to an 01 or 02 number and must count towards any inclusive minutes in the same way as 01 and 02 calls. These rules apply to calls from any type of line including mobile, BT, other fixed line or payphone. Calls may be recorded or monitored.

Registered office Bridge House, 1 Walnut Tree Close, Guildford GU1 4LZ Highways England Company Limited registered in England and Wales number 09346363

http://www.nationalarchives.gov.uk/

http://www.nationalarchives.gov.uk/

mailto:[email protected]


http://www.gov.uk/

http://www.gov.uk/



A1 Birtley to Coal House Scheme Number: TR010031 · 2020-04-23 · 3/3kk, 3/3oo, 3/3pp, 3/3qq, 3/3rr, 3/3tt Y February 2020 A plan and schedule of the proposed land take was issued

Documents