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Planning Inspectors' Report Report to the Secretary of State for The Planning Inspectorate Temple Quay House Communities and Local Government 2 The Square and the Secretary of State for Temple Quay Bristol BS1 6PN Transport GTN 1371 8000 by Alan Langton DipTP CEng MRTPI MICE MIHT An Inspector appointed by the Secretary of State for Communities and Local Government and the Secretary of State for Transport Assisted by John Yellowley BSc CEng MICE FIHT Date: 20 February 2008 TOWN AND COUNTRY PLANNING ACT 1990 – SECTION 77 THE WILTSHIRE COUNTY COUNCIL (A350 WESTBURY BYPASS CLASSIFIED ROAD) (SIDE ROADS AND OTHER WORKS) ORDER 2007 THE WILTSHIRE COUNTY COUNCIL (A350 WESTBURY BYPASS) COMPULSORY PURCHASE ORDER 2007 TOWN AND COUNTRY PLANNING (INQUIRIES PROCEDURE) (ENGLAND) RULES 2000 APPLICATION BY WILTSHIRE COUNTY COUNCIL LAND EAST AND NORTH OF WESTBURY, WILTSHIRE Inquiry sat between 17 June to 8 October 2008 File Ref: APP/K3930/V/07/1201863 Westbury Bypass Contents Contents Page Abbreviations iii Application Scheme Map v Chapter 1: Inspector’s Introduction 1 Call in Matters and Summary Recommendations 1 Preamble 2 Far Western Routes Map 6 Far Western Route (Omitting Yarnbrook Bypass) 7 Chapter 2: Case for Wiltshire County Council 19 Overview and Economic Regeneration 19 Traffic and Economics 26 Engineering 31 Construction 32 Landscape, Visual Impact and Townscape 33 Planning Policy 42 Alternatives 50 Air Quality 52 Noise and Vibration 55 Ecology and Nature Conservation (Except Bats) 58 Bats 60 Hydrolgeology and Contaminated Land 62 Flood Risk 63 Historic Environment 64 Land Use 66 Rights of Way 69 Closing Submission 70 Chapter 3: Cases for Supporters 95 Wesbury Town Council 95 Westbury Bypass Now! 95 United to Protect the Rural Area West of Westbury 102 West Wiltshire Economic Partnership/Wessex Assoc Chambers of Commerce 104 Evening Session Supporters’ Statements 106 Chapter 4: Variations and Alternatives 112 Ham Road Residents’ Group 112 Heywood Parish Council 113 Francis Morland 116 Wiltshire Wildlife Trust 117 Nicholas Brakspear 124 Chapter 5: Cases for Objectors 126 White Horse Alliance 126 Economics and Regeneration Issues 126 HGV Impact and Alternatives 129 Climate Change 133 Public Transport Issues 135 Variable Demand Modelling 136 Landscape and Townscape 137 Further Evidence on Landscape and Related Issues 143 Planning Policy Guidance and Alternatives 144 Planning Policy 149 Regional Issues 150 Noise, Airborne Particulates and Vibration 151 Page i Westbury Bypass APP/K3930/V/07/1201863 Inspector’s Report Noise Impact 152 Bat Ecology and Mitigation 153 Dormouse Ecology and Mitigation 155 Badger Ecology and Mitigation/Amphibian Surveys 156 Groundwater and Flood Risk 157 Closing Submissions 158 Chapter 6: Cases for Individual Objectors 185 Roy Inwood 185 Lynne Fish 185 David L Davis 187 John Bowley 188 Andrew Nicolson 191 Gavin Smith 194 Christopher Gillham 196 Francis Shephard 199 Evening Session Objectors’ Statements 200 Chapter 7: Cases With Respect to the Orders 209 Wiltshire County Council 209 Mr Francis Shephard 209 Mr & Mrs Avery 209 Heywood Parish Council 210 Written Objections 210 Chapter 8: Inspector’s Conclusions 214 Introduction 214 The Planning Application 215 Matter (a) Policy 215 Matter (e) PPG13 and Related Transport Considerations 221 Matters (c) and (b) PPS7 & PPS1 Rural and Sustainability Considerations 226 Matter (d) PPS 9 Biodiversity Considerations 239 Matter (f) Planning Conditions 242 Overall Conclusion and Recommendation on the Planning Application 244 Variations and Alternatives 245 The Glenmore Link Variation 245 Madbrook Roundabout Variation 247 Wiltshire Wildlife Trust Variation 247 Non Road Building Alternative 249 Far Western Route 250 Mr Brakspear’s Alternative 254 The Side Roads Order and Compulsory Purchase Order 254 Statutory Objectors 255 Written Objections (Statutory) 256 Other Written Objections (Non Statutory) 258 Other Matters Relating to the SRO and CPO 259 Overall Conclusions on the Orders 260 Appearances List 261 Core Documents List 266 List of Other Documents 273 Annex 1 List of Conditions 285 Annex 2 Drawings List 288 Page ii Westbury Bypass Abbreviations AA Appropriate Assessment AADT Annual Average Daily Traffic AAS Area of Archaeological Significance ACA A36/A350 Corridor Alliance AHEV Area of High Ecological Value ALC Agricultural Land Classification AOD Above Ordnance Datum AONB Area of Outstanding Natural Beauty AQAP Air Quality Action Plan AQMA Air Quality Management Area AQS Air Quality Standard BANES Bath & North East Somerset Council BB2SC Bristol Bath to South Coast BCR Benefit to Cost Ratio CA Countryside Agency CEMP Construction Environmental Management Plan COBA Cost Benefit Appraisal CPO Compulsory Purchase Order CPRE Campaign to Protect Rural England CWS County Wildlife Site DCC Dorset County Coucil Defra Department for Environment, Food & Rural Affairs DfT Department for Transport DMRB Design Manual for Roads and Bridges EA Environment Agency ECJ European Court of Justice EH English Heritage EIA Environmental Impact Assessment EiP Examination in Public ES Environmental Statement FWR Far Western Route GOSW Government Office for the South West GPZ Groundwater Protection Zone (aka SPZ) HA Highways Agency HGV Heavy Goods Vehicle HMA Housing Market Area HPC Heywood Parish Council HRRG Ham Road Residents Group Insp Q Inspectors' Question LCA Landscape Character Assessment LDF Local Development Framework LTP Local Transport Plan MSBC Major Scheme Business Case NATA New Approach To Appraisal NE Natural England NPA Nicholas Pearson Associates NPV Nett Present Value PIM Pre Inquiry Meeting PPG Planning Policy Guidance PPS Planning Policy Statement Page iii Westbury Bypass APP/K3930/V/07/1201863 Inspector’s Report PRN Primary Route Network PUA Principal Urban Area PVB Present Value of Benefits PVC Present Value of Costs RFA Regional Funding Allowance RIGS Regionally Important Geological Site RPG Regional Planning Guidance RSS Regional Spatial Strategy RTS Regional Transport Strategy SAC Special Area of Conservation SACTRA Standing Advisory Committee on Trunk Road Assessment SATURN Simulation & Assignment of Traffic in Urban Road Networks SCC Somerset County Council SLA Special Landscape Area SoS Secretary of State SPA Special Protection Area SPZ Source Protection Zone (aka GPZ) SRO Side Roads Order SSCT Strategically Significant Cities and Towns SSE Secretary of State for the Environment SSSI Site of Special Scientific Interest SW RSS South West Regional Spatial Strategy SWRA South West Regional Assembly TAG Transport Appraisal Guidance TPP Tranport Policies and Programme TSTS Towards a Sustainable Transport System TUBA Tranport Users Benefits Appraisal UPRAWW United to Protect the Rural Area West of Westbury VEM Visual Envelope Map WANHS Wiltshire Archaeology and Natural History Society WBA Westbury Bypass Alliance WBN Westbury Bypass Now WCC Wiltshire County Council WCCAS Wiltshire County Council Archaeological Service WebTAG Web Based Transport Appraisal Guidance WHA White Horse Alliance WHO World Health Organisation WTC Westbury Town Council WW Wessex Water WWDC West Wiltshire District Council West Wiltshire Economic Partnership & Wessex Assoc Chambers of WWEP&WACC Commerce WWSTS West Wiltshire Sustainable Transport Strategy WWT Wiltshire Wildlife Trust WWTE West Wiltshire Trading Estate XiC Examination in Chief XX Cross Examination Footnotes All footnotes are Inspector’s comments Page iv Westbury Bypass Application Scheme Application Scheme Page v Westbury Bypass APP/K3930/V/07/1201863 Inspector’s Report File Ref: APP/K3930/V/07/1201863 Proposed Bypass at Westbury, Wiltshire • The application was called in for decision by the Secretary of State by a direction, made under section 77 of the Town and Country Planning Act 1990, on 11 July 2007. • The application is made by Wiltshire County Council (as highway authority) to Wiltshire County Council (as determining authority). • The application Ref W.07.09002 is dated 14 February 2007. • The development proposed is the construction of a new single carriageway road with a climbing lane over part of the route, roundabout junctions, associated infrastructure and works. • The reason given for making the direction was because the Secretary of State considered that the proposals may conflict with national policies on important matters. • On the information available at the time of making the direction, the following were the matters on which the Secretary of State particularly wished to be informed for the purpose of her consideration of the application: (a) the extent to which the proposed development accords with the relevant policies and provisions of the current RSS (RPG10), the draft RSS, the Wiltshire and Swindon Structure Plan, the West Wiltshire District Plan and the Wiltshire and Swindon Waste and Minerals Local Plans. (b) the extent to which the the proposed development is consistent with Government policies in PPS1: Delivering Sustainable Development with particular regard to: • the achievement of sustainable development and sustainable communities through an integrated approach to social cohesion, protection and enhancement of the environment, prudent use of natural resources and economic development; • whether the design principles in relation to the scheme and its wider context, including the visual appearance and landscaping, are appropriate in their context and take opportunities available for improving the character and quality of the area and the way it functions, having regard to the advice in paragraphs 33 to 39 of PPS1; (c) The extent
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