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The Planning Act 2008 Woodside Link Houghton Regis Bedfordshire

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The Planning Act 2008 Woodside Link Houghton Regis Bedfordshire The Planning Act 2008 Woodside Link Houghton Regis Bedfordshire Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport _______________________________________ Glyn Roberts Examining Authority Report to the Secretary of State 1 This page intentionally left blank Report to the Secretary of State 1 Examining Authority’s findings, conclusions and recommendation in respect of the Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order application. File Ref TR010011 The application, dated 14 May 2013, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on the same day. The applicant is Central Bedfordshire Council. The application was accepted for examination on 11 June 2013. The examination of the application began on 8 October 2013 and was completed on 4 April 2014. The development proposed comprises construction of a highway – the Woodside Link - that is proposed to connect to two trunk roads: the existing M1 at a new junction 11a, and the proposed A5-M1 Link Road. As traffic to and from the Woodside Link would necessarily have to come from or be going to a trunk road or a motorway, and one of its purposes would be to provide such access, the applicant considers the project to be a nationally significant infrastructure project under section 22(2)(b) of the Planning Act 2008. Summary of Recommendation: I recommend that the Secretary of State makes the Order in the form set out at Appendix D. Report to the Secretary of State 1 Section Contents 1 INTRODUCTION ........................................................................... 3 2 MAIN FEATURES OF THE PROPOSAL AND SITE ................................. 7 3 LEGAL AND POLICY CONTEXT ...................................................... 15 4 FINDINGS AND CONCLUSIONS IN RELATION TO POLICY AND FACTUAL ISSUES ..................................................................................... 41 5 COMPULSORY ACQUISITION ....................................................... 162 6 THE DEVELOPMENT CONSENT ORDER .......................................... 187 7 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ................ 194 Appendices Contents APPENDIX A - EXAMINATION LIBRARY ................................................ 1 APPENDIX B - EVENTS AND PROCEDURAL DECISIONS ........................ 16 APPENDIX C - LIST OF ABBREVIATIONS ............................................ 19 APPENDIX D - PROPOSED DEVELOPMENT CONSENT ORDER ................ 23 Report to the Secretary of State 2 ERRATA SHEET – Woodside Link Houghton Regis Bedfordshire - Ref TR010011 Examining authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport, submitted to him on 4 July 2014 Corrections agreed by the Examining Authority prior to a decision being made Page No. Paragraph Error Correction 31 3.83 Line 3: “SMLEP” “SEMLEP” 48 4.21 4th line: “are” “area” 48 4.25 Line 5: “experiences” “experienced” 49 4.25 Line 2 on this page: “alterations” “alternations” 51 4.38 Contrary to what is ‘…. The wording suggested by suggested by this the planning authority appeared paragraph as submitted to be accepted by the applicant to the SoS, the wording at the relevant Issue Specific referred to was not Hearing but was not incorporated in the incorporated into the Order, either by the recommended Order. In the applicant or the ExA. interests of minimising unnecessary planning delays to delivery of the project the Secretary of State may wish to clarify the position with the applicant prior to making the Order. I consider this point in more detail at paragraphs 4.238-4.239 below.’ 56 4.59 Line 4: “oaths” “paths” 57 4.65 Line 5: “Pak” “Park” 65 4.101 5th bullet, 2nd line of “hours” bullet: “hors” 68 4.110 3rd line: “… site in either “…. site on either side of the side of northern …” northern …” 1 Page No. Paragraph Error Correction 81 4.157 6th line: “S5-M1” “A5-M1” 89 4.189 4th bullet, 12th line of “, in” bullet: “, In” 92 4.202 1st line: “Tables 8.5 and “Tables 8.5 and 8.6” 8.5” 97 4.235 1st line on this page: “probable” “probably” 97 4.237 1st line: “(LIR_2)” “(LIR_1)” 102 4.255 8th-9th lines: “… “… adjoining the boundary adjoining the between the administrative administrative areas ….” boundary with between administrative …” 106 4.274 3rd line: “… retained “retained section of new adjoining …” highway adjoining …” 108 4.282 2nd line: “DRMB” “DMRB”. Superfluous bracket deleted at end of sentence. 118 4.237 7th line: “SFRI” “SRFI” 119 4.332 3rd line: “neither the of “neither of the” the” 119 4.332 3rd line: “SFRI” “SRFI” 120 4.336 Missing word(s) in for ease of referencing this quotation at end of paragraph’s final sentence paragraph should read as follows: “…In the Action points agreed at the Issue Specific Hearing, held on 21 January 2014 (HG_6), I requested that the applicant: 'Provide written confirmation of quantity of housing that could be in the absence of the Woodside Link Road. It would beneficial if a plan could be provided identifying the location of the land parcels concerned, together with their individual housing capacity.' [sic] 2 Page No. Paragraph Error Correction 123 4.347 3rd line on this page: “… “…would show…” would be of relieve show …” 126 4.363 1st line: “… made “… made by Houghton …” Houghton …” 132 4.391 15th line: “4.271-4.274” “4.322-4.324” 134 4.401 4th line: “applicant” “application” 134 4.403 8th line: “12031” “2031” 142 4.436 7th entry in bulleted list: “Long Meadow” “Long MEasdow” 148 4.462 6th line: “oder” “Order” 151 4.476 2nd line: “DRMB” “DMRB” 151 4.477 2nd and 3rd lines: “DMRB” “DRMB” 151 4.478 1st line: “defined a s “defined as a corridor” corridor” 152 4.482 4th line: “since” “for”. Insert missing closing bracket at the end of the same sentence. 156 4.502 4th line: “S5-M1 Link” “A5-M1 Link” 188 6.11 6th line: “… is for that “… is that …” …” 191 6.19 2nd line of 2nd bullet: “Drive” “drive” 194 7.2 13th line: “… applicant “… applicant but also by …” by…” 195 7.3 1st bullet entirely on “Highways Act” this page: “Transport and Works Act” A19 Definition of “DEFRA”: “… for the Environment, …” “..Environmental ….” 3 1 INTRODUCTION 1.1 The Woodside Link is a new highway intended by its promoter, Central Bedfordshire Council (CBC), to provide a more direct route for traffic between the primary road network (the M1 motorway and the A5) and the Woodside area of Dunstable/Houghton Regis, a major employment area in Bedfordshire. The Highways Agency is currently promoting a northern link road (the 'A5-M1 Link') between the A5 north of its junction with the A505 and the M1. The A5-M1 Link will meet the M1 at a new junction, Junction 11A, to be located between existing Junctions 11 and 12. The Woodside Link scheme would extend from the new Junction 11A to connect with an important intersection between Park Road North, Sandringham Drive, Wheatfield Road, Poynters Road and Porz Avenue which forms part of the existing highway network at the northern edge Woodside Industrial Estate area. 1.2 The development proposed is a nationally significant infrastructure project (NSIP) as defined in s22(2)(b) of the Planning Act 2008 (PA 2008) as a highway which is to be constructed for a purpose connected with a highway for which the Secretary of State is or will be the highway authority. The Woodside Link scheme would be managed and maintained by CBC as local highway authority. I explain in detail why I consider that the Woodside Link is a NSIP at paragraph 3.25 et seq. 1.3 An application for an Order granting Development Consent for the Woodside to M1 Link Road was submitted to the Planning Inspectorate by CBC on 14 May 2013. Following a careful assessment the application was subsequently accepted by the Inspectorate as meeting the provisions of s55(3) of the PA 2008 and thereby accepted for examination on 11 June 2013. I was appointed by the Secretary of State on 16 August 2013 as the Examining Authority (ExA) to examine and report on the application under s83(1)(b) PA 2008. The examination began on 8 October 2013 and was completed on 4 April 2014. 1.4 To the extent that the proposed development is or forms part of a NSIP, development consent is required before that project can proceed (s31 PA 2008). Under the PA 2008 procedure development consent may only be granted by the relevant Secretary of State. This report provides the Secretary of State for Transport with my findings and conclusions regarding the application for development consent made by CBC in relation to the Woodside Link. This report also includes my overall recommendation regarding whether consent should be granted for the project together with specific recommendations regarding the detailed provisions to be included within the Development Consent Order (DCO) should the Secretary of State agree with my overall recommendation. Report to the Secretary of State 3 1.5 The main examination events arising and procedural decisions made during the examination are detailed in Appendix B. I held a Preliminary Meeting (PM) on 8 October 2013. My procedural decision was issued on 15 October 2013 (PrD_4), with minor variations to the proposed timetable. The examination proceeded broadly in line with this version of the timetable. 1.6 As set out in the examination timetable, I held issue specific hearings (ISHs) on 15 November 2013 (HG_4 and HG_5) and 21 January 2014 (HG_8 to HG_10), a Compulsory Acquisition Hearing (CAH) on 22 January 2014 (HG_11 and HG_12) and an Open Floor Hearing (OFH) on 23 January 2014 (HG_14). These hearings were held at the headquarters of Central Bedfordshire Council in Dunstable (Watling House, High Street North, Dunstable, Bedfordshire, LU6 1LF). 1.7 In addition to a number of unaccompanied site visits to see the application site and the surrounding area, I carried out inspections of the site in the company of the applicant and interested parties (IPs) on 20 January 2014.
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