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Scoping Opinion SCOPING OPINION: A12 Chelmsford to A120 Widening Scheme Case Reference: TR010060 Adopted by the Planning Inspectorate (on behalf of the Secretary of State) pursuant to Regulation 10 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 December 2020 [This page has been intentionally left blank] ii Scoping Opinion for A12 Chelmsford to A120 Widening Scheme CONTENTS 1. INTRODUCTION ............................................................................ 1 1.1 Background .................................................................................... 1 1.2 The Planning Inspectorate’s Consultation............................................. 2 1.3 The European Union (Withdrawal Agreement) Act 2020 ......................... 3 2. THE PROPOSED DEVELOPMENT ..................................................... 4 2.1 Introduction ................................................................................... 4 2.2 Description of the Proposed Development ............................................ 4 2.3 The Planning Inspectorate’s Comments ............................................... 5 3. ES APPROACH............................................................................... 8 3.1 Introduction ................................................................................... 8 3.2 Relevant National Policy Statements (NPSs)......................................... 9 3.3 Scope of Assessment ....................................................................... 9 3.4 Coronavirus (COVID-19) Environmental Information and Data Collection 12 3.5 Confidential and Sensitive Information .............................................. 12 4. ASPECT BASED SCOPING TABLES ................................................ 14 4.1 Air Quality .................................................................................... 14 4.2 Cultural Heritage ........................................................................... 18 4.3 Landscape .................................................................................... 24 4.4 Biodiversity .................................................................................. 28 4.5 Geology and soils .......................................................................... 32 4.6 Materials assets and waste ............................................................. 36 4.7 Noise and vibration ........................................................................ 37 4.8 Population and Health .................................................................... 40 4.9 Road drainage and the water environment ........................................ 43 4.10 Climate change ............................................................................. 46 4.11 Cumulative effects ......................................................................... 47 5. INFORMATION SOURCES ............................................................ 48 APPENDIX 1: CONSULTATION BODIES FORMALLY CONSULTED APPENDIX 2: RESPONDENTS TO CONSULTATION AND COPIES OF REPLIES iii [This page has been intentionally left blank] iv Errata sheet – A12 Chelmsford to A120 Widening Scheme – Ref. TR010060 Scoping Opinion adopted by the Planning Inspectorate (on behalf of the Secretary of State) on 7 December 2020 Corrections agreed by the Planning Inspectorate after adoption of the Scoping Opinion Page ID Error Correction No. 10 3.3.11 “The ES provide this “The ES should provide this information”. information”. 14/ 4.1.4 “Any assumptions…should “Any assumptions…should also 15 also be state in the ES”. be stated in the ES”. 19 4.2.3 “…should consider utilising “…should consider utilising lidar and historical aerial lidar and historical aerial photomontages…”. photographs…” 24 4.3.4 “…the Applicant should make “…the Applicant should make effort to agree the landscape effort to agree the landscape assessment study and assessment study area and viewpoints with the relevant viewpoints with the relevant statutory bodies. The statutory bodies”. Applicant should make effort to agree the study are with Second sentence here the relevant statutory duplicates the first and can be consultation bodies”. disregarded. 25 4.3.6 “The ES should consider “The ES should consider any veteran, ancient, and notable veteran, ancient, and notable trees as distinct LVIA trees in terms of their receptors and assess contribution to landscape potential impacts on their character and setting”. settings”. 26/ 4.3.13 “…where hedgerows “…where hedgerows judged to 27 are judged to be ‘Important’ be ‘Important’ under the under the Hedgerows Hedgerows Regulations 1997 Regulation 1997 are are identified…”. identified…” 28 4.4.6 Ref. 9.4.29 Ref. 9.4.28. 29/ 4.4.10 “…and does state the location “…and does not state the 30 of the mitigation location of the mitigation measures…”. measures…”. 30 4.4.11 “Where planting of vegetation “Where planting of vegetation is to be undertaken as a is to be undertaken as a mitigation measure. The mitigation measure, the Applicant should…” Applicant should…”. 32 4.5.4 “…does not agree that these “…does not agree that these matters can be being scoped matters can be scoped out of out of the ES”. the ES”. 32 4.5.5 “The Inspectorate agrees that “The Inspectorate agrees it is is unlikely…” unlikely…” 33 4.5.7 “Relevant cross references “The deposit model data between the deposit model should be adequately cross- data will have to be referenced with the heritage adequately cross-referenced and hydrogeology chapters of with the heritage and the ES”. hydrogeology chapters of the ES”. 36 4.6.4 “Operational material Row ID 4.6.4 was included in assets: The Scoping Report the Scoping Opinion in error has not provided sufficient and can be disregarded. information within the Impacts associated with Scoping Report that material assets and waste evidences no significant during operation of the effects will occur. The Proposed Development can be Inspectorate does not agree scoped out of the ES, as per that this matter can be row ID 4.6.3 of the Scoping scoped out of the ES on the Opinion. basis of the reasoning presented”. 38 4.7.10 “…would not be possible or “…would not be possible due to their cost considering their cost effectiveness”. effectiveness”. 38/ 4.7.11 “…or the numerous small “…or the numerous small 39 settlements in proximity to settlements in proximity to the south of the proposed the south of the proposed order limits have been order limits”. chosen”. 41 4.8.8 “The ES should provide “The ES should provide justification any permanent justification for any severance…”. permanent severance…” 41 4.8.9 “Where PRoWs are to be “Where PRoWs are to be diverted and/ reinstated, the diverted and/or reinstated, ES should take into account the ES should take into the impact that any account the impact that any additionally length in PRoW additional length in PRoW could have on the users of could have on the users of the the PRoW”. PRoW”. 42 4.8.11 “…Paragraph 13.5.7 states…”. “…Paragraph 13.6.5 states…”. 43/4 14.3.1 “…states that a desk-based “…states that a desk-based 4 2 assessment that was assessment was undertaken…” undertaken…” Appe Table Schedule 1 description The relevant parish council(s) ndix A1 missing or, where the application 1 relates to land [in] Wales or Scotland, the relevant community council. Scoping Opinion for A12 Chelmsford to A120 Widening Scheme 1. INTRODUCTION 1.1 Background 1.1.1 On 28 October 2020, the Planning Inspectorate (the Inspectorate) on behalf of the Secretary of State (SoS) received a scoping request from Highways England (the Applicant) under Regulation 10 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations) for the proposed A12 Chelmsford to A120 Widening scheme (the Proposed Development). 1.1.2 In accordance with Regulation 10 of the EIA Regulations, an Applicant may ask the SoS to state in writing its opinion ’as to the scope, and level of detail, of the information to be provided in the environmental statement’. 1.1.3 This document is the Scoping Opinion (the Opinion) provided by the Inspectorate on behalf of the SoS in respect of the Proposed Development. It is made on the basis of the information provided in the Applicant’s report entitled A12 Chelmsford to A120 Widening Scheme: Environmental Scoping Report (the Scoping Report). This Opinion can only reflect the proposals as currently described by the Applicant. The Scoping Opinion should be read in conjunction with the Applicant’s Scoping Report. 1.1.4 The Applicant has notified the SoS under Regulation 8(1)(b) of the EIA Regulations that they propose to provide an Environmental Statement (ES) in respect of the Proposed Development. Therefore, in accordance with Regulation 6(2)(a) of the EIA Regulations, the Proposed Development is EIA development. 1.1.5 Regulation 10(9) of the EIA Regulations requires that before adopting a scoping opinion the Inspectorate must take into account: (a) any information provided about the proposed development; (b) the specific characteristics of the development; (c) the likely significant effects of the development on the environment; and (d) in the case of a subsequent application, the environmental statement submitted with the original application. 1.1.6 This Opinion has taken into account the requirements of the EIA Regulations as well as current best practice towards preparation of an ES. 1.1.7 The Inspectorate has consulted on the Applicant’s Scoping Report and the responses received from the consultation bodies have been taken
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