The Northumbrian Water Limited (Land at Craster and Dunstan) Compulsory Purchase Order 2008
Our Ref: HF/AP/ALN500119
Your Ref: (P) RPA CC JXO.NOR081.45 (2177308)
Date: 23 October 2008
F.A.O Secretary of State for Environment, Food and Rural Affairs
Water Quality Division
London SW1P 2AL
OUR CLIENTS: THE CRASTER COMMUNITY DEVELOPMENT TRUST
We write to advise that we are instructed to act on behalf of the Craster Community Development Trust in relation to all matters arising as a result of the issue of Notice of the The Northumbrian Water Limited (Land at Craster and Dunstan) Compulsory Purchase Order dated 2 October 2008.
Please direct all future correspondence relating to this scheme for the attention of R H Fell at our firms Alnwick office.
This letter constitutes formal objection on behalf of our clients to the draft order and proposals for the Craster and Dunstan sewage treatment works scheme as published by Northumbrian Water Limited on 2 October 2008.
Our clients wish to make it clear that they do not object upon the grounds of need. Indeed they consider that Northumbrian Water Limited have been negligent in not meeting their obligations under the European Union Directive; Urban Waste Water Treatment Directive 97/271/EEC, at a much earlier date. Our clients objections relate to the option chosen by Northumbrian Water Limited and specific concerns relating to that option. Our clients objections are detailed as follows:
A comprehensive Cost Benefit Analysis of the options has not been undertaken. The criteria applied in the evaluation of the options fails to take account of:
Loss of use by the community
Loss of amenity by the community
Economic impact suffered by the community
Costs of the option relative to the gains achieved.
2. The application of the compulsory purchase powers under section155 of the Water Industry Act 1991 is disproportionate to the stated use. Land parcel 11 is only required as a compound. It’s use will interfere with community use and enjoyment.
3. The proposed acquisition of land plots 10 and 11 fall under section19 of the Acquisition of Land Act 1981. Northumbrian Water Limited have not offered other land equally advantageous to the community and therefore fail to comply with the statutory direction.
4. Plot 11 comprises part SSSI designation ; site no : 1003303. The impact to the SSSI, suffered by the proposed works is not justified and is not properly the subject of the site evaluation.
5. The proposed scheme fails to properly weigh up and evaluate Article 1 of the First Protocol of the European Convention of Human Rights. The community, comprising individuals, will suffer unjustifiable interference.
6. Northumbrian Water Limited have failed to submit detailed method statement relating to their proposed working of the site.
7. Northumbrian Water Limited have failed to submit detailed method statement relating to the proposed restoration of the site.
We would be grateful if you could formally acknowledge receipt of this objection on behalf of our clients.
R Hugh Fell
For and on behalf of George F White LLP