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Dear Sirs, TRANSPORT and WORKS ACT 1992 TOWN and COUNTRY PLANNING ACT 1990 APPLICATIONS for the PROPOSED NOTTINGHAM EXPRESS TRAN

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Dear Sirs, TRANSPORT and WORKS ACT 1992 TOWN and COUNTRY PLANNING ACT 1990 APPLICATIONS for the PROPOSED NOTTINGHAM EXPRESS TRAN Ellis Harvey Head of TWA Orders Unit Department for Transport Zone 9/09, Southside 105 Victoria Street London SW1E 6DT Bircham Dyson Bell LLP Enquiries: 020 7944 4506 Solicitors and Parliamentary Agents Fax: 020 7944 9637 50 Broadway E-Mail: Westminster [email protected] London Web Site: www.dft.gov.uk SW1H 0BL Our Ref: TWA/07/APP/01 Your Ref: RJO/B026797 30 March 2009 Dear Sirs, TRANSPORT AND WORKS ACT 1992 TOWN AND COUNTRY PLANNING ACT 1990 APPLICATIONS FOR THE PROPOSED NOTTINGHAM EXPRESS TRANSIT SYSTEM ORDER AND FOR DEEMED PLANNING PERMISSION 1. I am directed by the Secretary of State for Transport to say that consideration has been given to the reports of the Inspector, Mr Robert M Barker BEng(Hons) CEng MICE FIHT, concerning the applications made by your clients, Nottingham City Council and The Nottinghamshire County Council ("the promoters"), for : a. the Nottingham Express Transit System Order (“the Order”) to be made under sections 1, 3 and 5 of the Transport and Works Act 1992 (“the TWA”); and b. a direction as to deemed planning permission for the development provided for in the Order, to be issued under section 90(2A) of the Town and Country Planning Act 1990. 2. The Inspector held a public local inquiry into these applications between 6 November and 21 December 2007 and on 9 and 10 October 2008. 3. The Order, if made, would authorise the promoters to construct and operate two extensions to the existing Nottingham Express Transit system ("NET Line One"). The extensions (known collectively as "NET Phase Two") would run from Nottingham city centre to Clifton via Wilford and from the city centre to Chilwell via the Queen's Medical Centre and Beeston. For those purposes the proposed Order would, among other things, authorise the acquisition and use of land compulsorily or by agreement, interference with and alteration of rights of way and imposition of traffic regulation measures. It also includes provisions relating to the continued operation and maintenance of NET Line One. 4. Enclosed with this letter are copies of the Inspector’s main report, dated 15 August 2008, and of his supplementary report, dated 18 December 2008. His conclusions are set out in section 7 of the main report and in section 7 of his supplementary report. His recommendations are set out at section 8 of his supplementary report. Summary of the Inspector’s recommendations 5. The Inspector recommended that the Order be made, with the modifications in inquiry document NET.A39, and that deemed planning permission be granted for the development proposed in the Order, subject to the conditions set out in Appendix C to his main report. Summary of the Secretary of State’s decisions 6. For the reasons given in this letter, the Secretary of State has decided to make the Order, with modifications, and to direct that planning permission be deemed to be granted, subject to the conditions set out in Annex 1 to this letter. Linked applications and decisions 7. Concurrently with the inquiry into the TWA Order held in November and December 2007, the Inspector held an inquiry into your clients’ related applications to the Secretary of State for Communities and Local Government (“SoS/CLG”) for listed building and conservation area consents under the Planning (Listed Buildings and Conservation Areas) Act 1990. The SoS/CLG has decided to grant these consents subject to conditions, as set out in a separate letter issued today by the Government Office for the West Midlands. The Inspector also held an inquiry, in October 2008, into one of the applications made by your clients for exchange land certificates, as referred to in paragraph 47 below, in relation to areas of open space that are to be compulsorily acquired for the purposes of NET Phase 2. The SoS/CLG has decided to give the requested exchange land certificates, as set out in a letter issued today by the Government Office for London. Post-inquiry representations and re-opening of inquiry 8. The Secretary of State has considered the written representations sent to him since the inquiry initially closed on 21 December 2007. With the exception of those referred to at paragraph 9 below, he takes the view that nothing in the representations constitutes new evidence, or raises a new issue, which needs to be referred to the parties to the inquiry before he proceeds to a decision. They do not cause him to take a different view of the matters before him than he would otherwise have taken based on the evidence before the inquiry. 9. Among the representations received following the initial closure of the inquiry, three contained evidence about the presence of birds at the proposed Clifton park and ride site which had not been available at the time of the inquiry and which had not been taken into account by the Inspector. The Secretary of State considered that these letters contained significant new environmental information which required further investigation. The inquiry was accordingly re-opened on 9 October 2008 so that the likely impact of the scheme on the bird species recorded at Clifton and their habitat could be considered before a decision was made. This issue is addressed at paragraphs 40-44 below. Secretary of State’s consideration 10. Careful consideration has been given to all the arguments put forward by, or on behalf of, the parties. The Secretary of State’s consideration of the Inspector’s reports is set out in the following paragraphs, which include a summary of the Inspector’s conclusions on each main issue. References to numbers in brackets are to relevant paragraphs of the reports, with those prefixed by “SUP” referring to paragraphs in the Inspector’s supplementary report. Aims and objectives of, and the need for, the scheme 11. The Inspector noted that peak hour traffic congestion in Greater Nottingham restrained existing road-based public transport and had negative implications for the local economy, for local accessibility and for social exclusion in some of the City's more deprived wards. Planned significant growth in the number of households and in the economy of Greater Nottingham was threatened by the growing imbalance between existing transport capacity and forecast demand growth (7.2). The Inspector was satisfied that the NET Phase Two proposals, by their segregated nature, would offer significant enhanced public transport capacity, thereby addressing that imbalance (7.7). 12. The Inspector reported that there was evidence from NET Line One and elsewhere that tram systems acted as catalysts for redevelopment and regeneration, and he noted that NET Phase Two would directly serve and assist significant development sites (7.4- 7.5). Furthermore, given its connection to NET Line One and heavy rail services and the prospects for integration with bus services, the Inspector considered that the scheme would make significant contributions towards the aim of providing an integrated public transport service (7.8). He noted also the argument, not countered at inquiry, that the scheme would generate the sort of environmentally friendly travel patterns demonstrated by NET Line One which would lead to reduced vehicle emissions and lower pollution levels (7.9). In summary, the Inspector was satisfied that the identified aims and objectives of the project underpinned the need for it. In his view, there was a compelling need for the scheme in the public interest (7.10, 7.223). 13. The Secretary of State agrees with the Inspector, for the reasons the Inspector gives, that a compelling need for NET Phase Two has been demonstrated. He therefore considers that the other matters which are addressed below, including the local impacts of the scheme, need to be considered in this light. Consistency with national, regional and local planning, transport and environmental policies 14. The Inspector found considerable policy support at national level for sustainable modes of travel, including rail-based systems, in the 2004 Transport White Paper and the Ten Year Plan for Transport (7.11). He also considered that the proposals accorded with policy themes in national planning policy guidance (7.12). More focused support for NET Phase Two could be identified at the regional level, where light rail was specifically supported as part of an integrated transport network in Regional Spatial Strategy 8 and the emerging Draft Regional Spatial Strategy. The scheme also sat well with proposals for regional growth set out in the Draft Regional Spatial Strategy (7.15-7.17). 15. At the local level, the Inspector said that the scheme accorded with the principles of, and attracted policy support in, the Joint Structure Plan, the City of Nottingham Local Plan and the Greater Nottingham Local Transport Plan. Local policy support was also to be found in the Rushcliffe Borough Non-Statutory Replacement Local Plan and in the Broxstowe Local Plan (7.18-7.19). 16. The Inspector was for these reasons satisfied that the scheme complied with a wide raft of adopted policies from national through to local level and accorded with the appropriate statutory development plans (7.21, 7.223). The Secretary of State agrees with the Inspector’s assessment that the scheme finds support from policy at all levels. Transportation, regeneration, environmental and socio-economic benefits 17. The Inspector saw no reason why the evidence from NET Line One of travellers moving from car to tram and of a reduction of traffic should not be replicated by NET Phase Two. The scheme would link significant residential areas with existing and proposed business and employment areas, with the City Centre and with major health, leisure and education destinations, providing a fast and reliable public transport system that would be integrated with other public transport modes.
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