Specialist planning solicitor, Catherine Hibbert, takes a look at the latest developments taking place in respect of the Lower Thames Crossing.
National Highways is promoting a scheme to provide a 2.6 mile road tunnel under the Thames, including 14.3 miles of new road which will connect the M2/A2, A13 and M25, and provide around 50 new bridges and viaducts (‘The Lower Thames Crossing’). This proposal will double the road capacity across the Thames, east of London and ease traffic congestion for businesses and individuals who currently rely on the Dartford Crossing. It is hoped that the new road will improve journeys for millions of people every year and become an essential component in the UK’s future transport infrastructure.
A scheme of this significance and size will however undoubtedly affect a wide range of interested parties, both during the construction and use phases. National Highways has submitted an application for a development consent order (DCO) to authorise the construction and operation of this scheme which, if confirmed, will include compulsory purchase powers enabling the acquisition of those property interests necessary to enable the scheme to proceed. Once powers of compulsory purchase are exercised then affected landowners will be compelled to sell at a price to be agreed or determined by the Courts in accordance with the Compensation Code. Landowners affected by these proposals should by now have been notified directly of these proposals.
The DCO application was submitted in Autumn 2022 and was accepted for examination in November 2022. The Planning Inspectorate has now set a date for the preliminary meeting which will determine the way in which the proposal will be examined and confirm the relevant timetable. This meeting will be held over two dates on 6 and 20 June 2023. It is anticipated that the inquiry will formally open on 20 June 2023 and will run for a period of six months until 20 December 2023. During the examination period, a number of deadlines will be set for submission of written representations and various issue specific hearing dates (including compulsory acquisition hearings) will be confirmed.
There are opportunities for registered interested parties to participate in the inquiry and make representations/present evidence in relation to the proposals and/ or the proposed compulsory acquisition of their title interests, with a view to objecting and or minimising impacts on individual properties/businesses.
It is currently anticipated that the Lower Thames Crossing scheme, once authorised, will take around six years to build; whilst National Highways will need to enter negotiations with landowners affected by the proposals in due course in order that they can assemble the land they need for the scheme, landowners may have a pressing need to move in the short term, ahead of any engagement by National Highways, and may find that their plans to sell their property in the short term for a reasonable price are effectively thwarted by the DCO proposal. Such qualifying individuals may be able to serve a blight notice or submit an application pursuant to a discretionary purchase scheme which may effectively facilitate a sale ahead of National Highways’ own timetable for land assembly.
Holmes & Hills LLP has a wealth of experience in both supporting those who want to participate in the DCO inquiry process and/or pursue a sale pursuant to a blight notice or application under a discretionary purchase scheme in circumstances where a landowner has a pressing need to sell in the short term but is unable to do so at a reasonable price.
Call 01206593933 and ask to speak to a specialist planning law solicitor. Or complete the form below.
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