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090324-P-WEB Versioninspectors Report NOTTINGHAM

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090324-P-WEB Versioninspectors Report NOTTINGHAM PROPOSED NOTTINGHAM EXPRESS TRANSIT ORDER - INSPECTOR'S REPORT Report to the Secretary of State for Transport and the Secretary of State for Communities and Local Government By Robert M Barker BEng(Hons) CEng MICE FIHT And Inspector appointed by the Secretary of State for Transport and the Secretary of State for Communities and Local Government The Planning Inspectorate 4/11 Edge Winge Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN 0117 373 6372 Date 15 August 2008 TRANSPORT AND WORKS ACT 1992 TOWN AND COUNTRY PLANNING ACT 1990 PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 THE NOTTINGHAM EXPRESS TRANSIT SYSTEM ORDER APPLICATION FOR DEEMED PLANNING PERMISSION APPLICATIONS FOR LISTED BUILDING AND CONSERVATION AREA CONSENT Inquiry opened: 6 November 2007 Refs: TWA/3/1/304; EMP 3035/271/77 & 78; EMP 3035/443/30 & 31 & 32; EMP 3015/443/4 & 5; EMP 3015/271/5 1 GLOSSARY ALA Acquisition of Land Act 1981 AQMA Air Quality Management Area ASA Advertising Standards Agency BACIT Beeston and Chilwell for Integrated Transport BBC Broxtowe Borough Council BCBRA Beeston and Chilwell Business and Residents Association BCR Benefit to Cost Ratio BC The Beeston/Chilwell Route BLP Broxtowe Local Plan (2004) BoCC Birds of Conservation Concern CNLP City of Nottingham Local Plan CoCP Code of Construction Practice CQD Queen’s Drive via Clifton Route (Alternative Route Option) CW The Clifton/Wilford Route DCLG Department of Communities and Local Government DfT Department for Transport DSL Deborah Services Limited EA Environment Agency EIA Environmental Impact Assessment EMDA East Midlands Development Agency ENT Environment Not Tram ES Environmental Statement FRA Flood Risk Assessment GDP Gross Domestic Product GNLRTAC Greater Nottingham Light Rapid Transit Advisory Committee GNP Greater Nottingham Partnership GNTP Greater Nottingham Transport Partnership ha hectare HA Highways Agency HMRI Her Majesty’s Railway Inspectorate IEMA Institute of Environmental Management and Assessment 2 IOA Institute of Acoustics IQ Inspector’s Question (written question to the parties, see INQ/6) IRS Integrated Regional Strategy JSP Joint Structure Plan LTP Local Transport Plan NAO National Audit Office NATA New Approach to Appraisal NCC Nottingham City Council NET Nottingham Express Transit (the Promoter) NIR Noise Insulation Regulations NMRC Nottingham Moderns Rugby Club NSC Neville Sadler Court NTU Nottingham Trent University NU University of Nottingham NVP Noise and Vibration Policy NWT Nottinghamshire Wildlife Trust OLE Overhead Line Equipment PFI Private Finance Initiative QMC Queen’s Medical Centre RBC Rushcliffe Borough Council RBNSLP Rushcliffe Borough Non-Statutory Replacement Local Plan RSS Regional Spatial Strategy RTS Regional Transport Strategy SAM Scheduled Ancient Monument SINC Site of Importance for Nature Conservation SPG Supplementary Planning Guidance SPV Special Purpose Vehicle TROs Traffic Regulation Orders TWA Transport and Works Act 1992 TWAO Transport and Works Act Order ULDS Urban and Landscape Design Statement WCG Wilford Community Group WHO World Health Organisation 3 WPL Workplace Parking Levy CASE DETAILS The draft Order, which is known as The Nottingham Express Transit System Order, would be made under Sections 1, 3 and 5 of the Transport and Works Act 1992 (TWA). In connection with the application, a direction is also being sought for deemed planning permission under Section 90(2A) of the Town and Country Planning Act 1990. Three applications for listed building consent and seven applications for conservation area consent are made under Section 10 of the Planning (Listed Buildings and Conservation Areas) Act 1990. One of the applications for conservation area consent (CAC2) has subsequently been withdrawn. The applications for the Order, for deemed planning permission and for the listed building and conservation area consents were all made on 26 April 2007. The Order if made and the applications if granted would authorise and enable the Promoter12 - Nottingham Express Transit (NET) - to construct and operate two extensions (known collectively as NET Phase Two) to the existing tramway system (known as NET Line One). These extensions would run from Nottingham City centre to Clifton via Wilford and from the City centre to Chilwell via the Queen’s Medical Centre (QMC) and Beeston. The Order would also authorise for the above purposes, compulsorily or by agreement, the acquisition of land and rights in land and the use of land. The Order would also make provision in connection with the continued operation and maintenance of NET Line One and would accordingly make provision for the repeal of certain provisions of the Greater Nottingham Light Rapid Transit Act 1994 by which the construction, operation and maintenance of NET Line One was authorised. Summary of Recommendations: I make no recommendations. 1 PREAMBLE 1.1 The Assistant Inspector and I have been appointed pursuant to Section 11 of the Transport and Works Act 1992 (TWA) and Section 13(2) of the Planning (Listed Building and Conservation Areas) Act 1990 to hold concurrent public inquiries into the above draft Order and Applications, and to report to the Secretary of State for Transport and the Secretary of State for Communities and Local Government. For ease of reference, I propose hereinafter to refer to the concurrent public inquiries as “the inquiry”. 1.2 The Assistant Inspector, Mr Novitzky, has been appointed to consider and report on the listed building consent and conservation area consent applications and the objections 1 2 Inspector’s Note: Although much of the evidence, the representations and the statement of matters refer to ‘the Promoters’, in this report I have adopted the singular form as set out in the draft Order where the following definition is employed; ‘ “the promoter” means the County Council and the City Council, or either of them. 4 thereto. He also assisted me in the consideration of some of the townscape and urban design issues. 1.3 The inquiry was held at the Britannia Hotel, St James’s Street, Nottingham. I opened the inquiry on 6 November 2007 and sat for 28 days, closing on Friday 21 December 2007. I also held two evening sessions of the inquiry, the first on 15 November at College House Junior School, Chilwell, the second on 6 December at The Becket Roman Catholic Comprehensive School, Wilford. 1.4 After sitting with me on the opening two days of the inquiry Mr Novitzky conducted day 21 of the inquiry, Tuesday 11 December 2007, to listen to the objections to the listed building and conservation area consent applications. 1.5 I held a pre-inquiry meeting on Thursday, 6 September 2007 at the Britannia Hotel. The administration and programming of the inquiry were dealt with by the independent Programme Officer, Ms Carmel Edwards. Purpose of the Proposals 1.6 The Promoter (NET) indicated that the purposes of the proposed NET Phase Two are: to provide a sustainable alternative to the car for many journeys in order to tackle congestion, particularly on the strategic road network including the A453 and A52; to increase public transport capacity to accommodate growth in Greater Nottingham; to improve accessibility and reduce social exclusion and realise further investment in NET Line One; to contribute to integrated public transport in Greater Nottingham and improved interchange; to support land use policy, regeneration and neighbourhood transformation strategies in the City Centre, the district centres of Beeston and Clifton and other important employment and residential areas and to extend use of an environmentally friendly mode of transport. Site Inspections 1.7 I made unaccompanied inspections of the sites affected by the proposals on Wednesday 5 September 2007. The Assistant Inspector and I also made further separate unaccompanied inspections in the course of and after the inquiry. I also made formal site inspections, accompanied by the parties, from 7 to 10 January 2008 and from 14 to 17 January 2008, the Assistant Inspector accompanied me during the first of these weeks. The Order 1.8 Application for the Order was submitted to the Secretary of State for Transport on 26 April 2007 as was a request for a direction for deemed planning permission under section 90(2A) of the Town and Country Planning Act 1990. Prior to the inquiry some 1115 objections had been received, of which 8 were late objections. By the close of the inquiry there were 1076 un-withdrawn objections. A list of withdrawn objections as at the close of the inquiry is set out in NET.R1/26. 1.9 Some 151 letters of support and 14 other written representations were received prior to the inquiry [NET.R1/26]. 5 Statements of Matters 1.10 A statement of matters about which the Secretary of State for Transport particularly wishes to be informed was issued by the TWA Orders Unit in August 2007. They are as follows: 1. The aims and objectives of, and the need for, the two proposed extensions to the existing Nottingham Express Transit system ("NET Line One") from Nottingham city centre to Clifton via Wilford and from the city centre to Chilwell via the Queen's Medical Centre and Beeston ("the scheme"). 2. The justification for the particular proposals in the draft TWA Order, including: ! the extent to which they are consistent with national, regional and local planning, transport and environmental policies; ! the anticipated transportation, regeneration, environmental and socio-economic benefits of the scheme; and ! the main alternatives considered by the Promoters for achieving the objectives of the scheme and the main reasons for selecting the proposed routes of the extensions, including the locations of the proposed tram stops, park and ride sites, electricity substations and worksites. 3. Whether there is a compelling case in the public interest for conferring on the Promoters powers compulsorily to acquire and use land for the purposes of the scheme, having regard to the guidance on the making of compulsory purchase orders in ODPM Circular 06/2004, paragraphs 16 to 23; and whether all of the land over which the Promoters have applied for such powers is required in order to secure implementation of the scheme.
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