Stephanie Hall on behalf of Lancaster and Morecambe College
"The Council must demonstrate that there is a compelling case in the public interest for the land to be acquired compulsorily. The College will be left in the position that, post-completion of the link road, it must continue to operate its campus and operations with the busy link road running though it. Therefore, is vital that careful consideration has been given from an early stage to the detail, extent and timing of mitigation works to ensure that the students, staff and public can continue to use the campus appropriately, safely, comfortably and efficiently. It is reiterated that the College does not object to the proposals in principle, but seeks to secure appropriate and satisfactory mitigation measures. The College strongly takes issue with the chronology presented by the Council in the Consultation Report, section 6.46. Notwithstanding, the College does not propose to respond to these points here as they are not material to its case, but can provide further comments should the IPC so require. The College responded to the Council’s pre-application consultation by way of a written statement dated 28 July 2011. In summary, the concerns raised on behalf of the College were: land take; loss of car parking; loss of through route; access to sports pitches severed by the link road from the main campus; improvements to existing sports pitches; acoustic mitigation measures; and landscaping. A copy of this statement is available on request and will be appended to any subsequent written representations. Subsequently, the College stipulated the works that it wished to see contained in the Development Consent Order (“DCO”), a section 106 agreement and a separate, private agreement with the Council. The latter would enable the College to enforce the obligations directly against the Council (as developer) without having to rely on the Council (as local planning authority) to do so, which would be an unsatisfactory position. The College is pleased that the Council have incorporated some of the broad principles raised at the pre-application stage into the DCO. However, whilst the DCO permits the Council to undertake certain works, there is no obligation on the Council to do these works. Nor does the DCO provide a specification of the works or a timetable for carrying out the works, both of which are vital to protect the College’s position. As such, additional protection is required for the College by means of a section 106 agreement (and a separate contract between the Council and the College). The draft heads of term do not address all of the College’s concerns, both in terms of the issues to be contained in the agreement and the details (e.g. timing and specification). In addition, no reference is made to the separate contractual document. The Council suggests that it would offer a unilateral undertaking if the terms of the agreement cannot be agreed with the College. The College questions the lawfulness of this approach on the basis that, without the College as a party, the Council would be giving the undertaking to itself. From a practical perspective, as most of the mitigation measures will be taking place on the College’s land, it is vital that these are agreed with the College in advance. The College wishes to clarify that the previous unilateral undertaking referred to at paragraph 6.46.6 of the Consultation Report was entered into by the Council during the call-in inquiry, at which the College appeared as an objector. That undertaking is general in nature and does not deal with all of the issues that the College will face. The College is not a party to, and did not agree the terms of, the undertaking, and is unable to enforce directly any of its terms, other than by requesting the planning authority to do so. In addition, this undertaking will fall away once the existing planning permission expires. Finally, the College wishes to clarify the position regarding disturbance in paragraph 6.48.26 of the Consultation Report. The reason that the College has been unable to develop the corridor of land which will be compulsorily acquired is because the land has been reserved for highways purposes since the 1960s. In the absence of the road scheme, this land would have been available for the College to develop. The College reserves the right to submit a written representation at the examination stage and/or make oral representations at any open floor hearing and further reserves the right to add to or amend these representations as necessary."