Special category land
At the community impacts consultation, we presented information on special category land that would be directly affected by the Lower Thames Crossing and its construction.
Where we refer to special category land, we are using the definition from the Acquisition of Land Act 1981.
- ‘Common’ includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green.
- ‘Fuel or field garden allotment’ means any allotment set out as fuel allotment, or a field garden allotment, under an Inclosure Act.
- ‘Open space’ means any land laid out as a public garden, or used for the purposes of public recreation, or a disused burial ground.
Replacement land is defined for the purposes of Section 131 as ‘Land which is not less in area than the Order land and which is no less advantageous to the persons, if any, entitled to rights of common or other rights, and to the public.’
Since our last consultation, we have updated our proposals at Tilbury Green, Walton and Parsonage Common and Thames Chase Community Forest.
The route section map figures throughout chapter 4 show special category land, but in addition, only the replacement special category land that has changed since the previous consultation is shown.
Below we describe the special category land and changes to the impact that the new road would have. We also outline proposals for how and where we would replace areas of special category land that the project would impact.
The land would be subject to compulsory purchase, either permanent acquisition or the acquisition of rights over the land, or would be subject to temporary possession to construct the new road.
Tilbury Green
This area of land is registered common land and allows for public access. It includes FP200 and links into other footpaths within the surrounding area.
Lower Thames Crossing proposals: Our proposals close to Tilbury Green have changed to accommodate emerging plans for Thames Freeport, located immediately west of the project on the north bank of the River Thames. The area of Tilbury Green within the Order Limits has not changed but the area that is proposed to be acquired permanently has increased from approximately 7,400 square metres to approximately 12,500 square metres.
Areas of the diverted footpath would be designated as common land so they benefit from the same rights as the affected parts of FP200. The replacement land comprises approximately 12,800 square metres compared with approximately 12,500 square metres that is proposed to be acquired. The replacement land would be no less advantageous for the public.
Impact of the change: We propose to permanently acquire sections of FP200 for the new road and landscaping. We also need to take temporary possession of a small area of FP200 for environmental mitigation. Permanent rights would be acquired over this area to support and manage the reinstated habitats.
We are proposing an alternative route for FP200 that links the new open space at Tilbury Fields to the network of footpaths in the area, providing improved access to the riverfront.
The footpath would be upgraded to a bridleway so it can be used by horse riders as well as pedestrians.
Walton Common and Parsonage Common
The land is registered as common land and provides scrub and grassland, which is valuable for wildlife and drainage.
Lower Thames Crossing proposals: Construction of the Thurrock Flexible Generation Plant (TFGP) NSIP, separate to the LTC , would result in the permanent loss of approximately 10.1ha of Walton Common. A Section 16 (Commons Act 2006) application has been submitted in connection with TFGP to de-register the area of Walton Common affected by the TFGP proposal. If successful, the existing site would no longer be common land and an area of approximately 11.6ha immediately to the north would instead be designated as common land.
We propose to reduce the Order Limits around Fort Road and the Port of Tilbury entrance to avoid impacts on Walton Common. For more information, refer to the ‘Coopers Shaw Road water connection refinement’ change within the Tilbury area section of this chapter. The area of Walton Common and Parsonage Common within the Order Limits has been reduced from approximately 25,750 square metres to approximately 10,100 square metres.
No replacement land is proposed because any impacts on Walton Common would be temporary. Land would be reinstated to its original use following completion of the works. Its existing use would therefore not be affected.
Impact of the change: We need to take temporary possession of a small section of Walton Common for utility works for the northern tunnel entrance. Permanent rights would be acquired over this area for maintenance.
Thames Chase Community Forest
This site consists of open fields, walking tracks and a mix of vegetation including memorial trees. It is designated as open space.
Lower Thames Crossing proposals: We have further developed our utility diversion proposals to refine the land needed at this location. We would use more of the existing utilities infrastructure to deliver our proposals.
The revised proposal now diverts overhead powerlines along two new taller pylons north of their current position either side of the M25. It would divert another electricity cable through the proposed Thames Chase footbridge, removing the trenchless installation of the cables under the M25 as previously proposed. For more information, refer to the ‘Refinements to electricity works west of Clay Tye Road’ change within the M25 junction 29 section of this chapter. The replacement land covers approximately 156,100 square metres. This is no less in area than the land proposed to be permanently acquired and the land that may be less advantageous once the necessary rights are acquired. The proposals for the replacement land are unchanged from our previous proposals.
The replacement land would provide new woodland and biodiversity mitigation, and would include a mixture of grassland, scrub and trees. It would provide equal accessibility and would be no less advantageous for the public.
Impact of the change: We propose to permanently acquire part of the site for the new road and earthworks. Permanent rights would also be required for the diversion of utilities.
Case study: Hole Farm
National Highways own agricultural land north of the M25 junction 29 known as Hole Farm. We are proposing to create the largest community woodland in the East of England and convert the farm into a woodland-dominated mosaic of wildlife-rich habitats. This would be done through a combination of natural regeneration and planting.
The site will be managed by Forestry England on behalf of National Highways. Forestry England is supporting the Government’s target of planting 30,000ha of new woodland every year by 2025 to help deliver ambitious plans to become net-carbon zero by 2050.
As part of the Lower Thames Crossing, approximately 2.92ha of Hole Farm has already been proposed as replacement land for part of the existing Folkes Lane Woodland replacement land and this plan remains unchanged.
Since the community impacts consultation, the Lower Thames Crossing Order Limits have been extended to include most of Hole Farm, excluding the buildings. Up to 75ha of the site have been identified to provide compensation for the potential impacts of nitrogen deposition on designated ecological sites as a result of vehicles using the Lower Thames Crossing (more information is on the nitrogen deposition page).
The site is considered appropriate for nitrogen deposition compensation because it would link with existing woodlands that form part of the habitat network in this area.
The compensatory planting would form part of, and integrate with, the masterplan for the entire site that is being developed in partnership with Forestry England and the wider Thames Chase Community Forest partners. The masterplan would also include proposals for the facilities associated with a community woodland, such as a tree nursery and a visitors’ centre.
Community engagement to inform the development of the masterplan for the site is ongoing and a public consultation on the proposals will be carried out ahead of an application being submitted to Brentwood Borough Council to change the use of the site and create the visitor facilities. It is proposed that the facilities, which do not form part of the proposed compensatory planting, would be consented separately from the Lower Thames Crossing DCO application. The final amount of land within Hole Farm allocated to nitrogen deposition compensatory planting would align with the overall aspirations, and masterplan, for the whole site.