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Volume 7.0 M4 Junctions 3 to 12 Smart Motorway TR010019

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Volume 7.0 M4 Junctions 3 to 12 Smart Motorway TR010019 Safe roads, reliable journeys, informed travellers M4 junctions 3 to 12 smart motorway TR010019 7.1 Planning statement 5(2) (q) Revision 0 March 2015 Planning Act 2008 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Volume 7.0 Volume An executive agency of the Department for Transport HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY EXECUTIVE SUMMARY The Application This Planning Statement relates to an application (the "Application") made by the Highways Agency (the "Agency") to the Secretary of State for Transport (the "Secretary of State") pursuant to the Planning Act 2008 ("PA 2008"). The Application is for the M4 (Junctions 3 to 12) (Smart Motorway) Development Consent Order ("DCO") which would grant development consent, authorising the construction, operation and maintenance of a smart motorway between the M4 between junctions 3 to 12 (the "Scheme"), along with the compulsory acquisition of all land necessary to enable this. The Scheme The Scheme lies wholly within England and includes the alteration and improvement of a highway for which the Secretary of State is the highway authority. The area of development is greater than 15 hectares, and the improvement of the highway is considered to have the potential for a significant effect on the environment. Hence the Scheme is classified as a nationally significant infrastructure project ("NSIP"). The Scheme’s key objectives are to: a) reduce congestion, smooth the flow of traffic to improve journey times and make journeys more reliable; b) support and enhance the role of the M4 as a major national and inter-urban regional transport artery; c) support the economy and facilitate economic growth within the regions, by providing much needed capacity on the motorway; d) continue to deliver a high level of safety performance of the network using smart motorway techniques; and e) deliver environmental improvements and mitigation where appropriate and required. Need for the Scheme The strategic case for providing additional capacity on the M4 within the Thames Valley was first examined in ‘The Thames Valley Multi-Modal Study’ (2003) (the "TVMMS"), prepared by WS Atkins on behalf of the Government Office for the South M4 JUNCTIONS 3 TO 12 SMART MOTORWAY VOLUME 7 7.1 PLANNING STATEMENT MARCH 2015 PAGE I HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY East. The purpose of the TVMMS was ‘to identify the most effective means of addressing current and future transport-related problems in the Thames Valley’. TVMMS reported that congestion on the road network was responsible for many of the transport-related problems in the Thames Valley. Moreover, such congestion had wider, adverse implications for the environment including impacts of road traffic in terms of noise, severance and air quality – which were experienced well beyond the peak periods. TVMMS identified a range of interventions, following which a preferred transport strategy was developed in line with national and local policy objectives and stakeholders’ aspirations. In March 2008, the Advanced Motorway Signalling and Traffic Management Feasibility Study, published by the Department of Transport for the Secretary of State, identified the M4 junction 3 to junction 12 as a priority for the provision of additional capacity. Ministers agreed that hard shoulder running as an alternative to widening should be investigated. Further governmental research has taken the concept of managed motorways forward, along with more recent ministerial announcements confirming funding support (subject to assessment of value for money and deliverability) for the development of the now renamed ‘smart motorway schemes’. Determination - important and relevant considerations The Planning Inspectorate will consider the Application and will make a recommendation to the Secretary of State, who will decide whether development consent for the Scheme should be granted. In so doing, the Secretary of State must decide the Application in accordance with any relevant national policy statement, but other important and relevant considerations include the National Planning Policy Framework ("NPPF") and development plan policies of the 11 Local Planning Authorities (“LPA”), together with any other important and relevant considerations. The National Policy Statement for National Networks ("NN NPS"), designated in January 2015, sets out the Government’s objectives, including environmental and other principles, relating to the development of NSIPs for national road and rail networks in England. NPS NN is the primary policy document against which the Scheme will be assessed by and for the Secretary of State in determining the Application. M4 JUNCTIONS 3 TO 12 SMART MOTORWAY VOLUME 7 7.1 PLANNING STATEMENT MARCH 2015 PAGE II HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY National networks national policy statement The Scheme has been appraised against the various polices contained in the NN NPS, particularly having regard to the assessment matters identified in that document in relation to environmental effects. Each topic chapter in the Environmental Statement ("ES") addresses those paragraphs of the NN NPS which are relevant to the environmental assessment and provides an analysis of the Scheme's compliance with the NN NPS. The Scheme accords with the NN NPS is all material respects, and on that basis, a presumption in favour of the Scheme exists under the terms of section 104 of the PA 2008. This legislative provision provides that the relevant NPS is the primary policy document for the Secretary of State in the consideration of applications for development consent under the PA 2008. National planning policy framework The Scheme strongly accords with the key aims of the NPPF, notably by improving the conditions by which people travel. This is a key element of the Scheme. The Scheme supports the delivery of the NPPF’s core land-use planning principles, by providing improved infrastructure to support economic growth within the region through improved capacity on the M4 motorway. This will be achieved whilst conserving the natural environment to a greater extent than a traditional motorway widening scheme. This is because the use of land for the Scheme is largely within the existing motorway corridor. This approach involves the use of previously developed land (the motorway and its associated verges and embankments), another core planning principle of the NPPF. Development within the Green Belt is a key issue within the NPPF. It is acknowledged, but not agreed that the Scheme may potentially represent inappropriate development within the Green Belt. For that reason, a full assessment of the Scheme against the NN NPS has been carried out, and the assessment demonstrates that ‘very special circumstances’ exist for development within Green Belt land and the Scheme’s compliance with both the tests of openness, and the five purposes of the Green Belt. The assessment undertaken within the ES addresses a range of environmental issues and demonstrates how the Scheme satisfies the relevant policy guidance. M4 JUNCTIONS 3 TO 12 SMART MOTORWAY VOLUME 7 7.1 PLANNING STATEMENT MARCH 2015 PAGE III HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY The Scheme crosses a number of floodplains classified as Flood Zones 2 and 3. A Flood Risk Assessment has been prepared as an addendum to the ES to identify potential sources of flood risk in relation to the Scheme. It is concluded that overall, the Scheme will not have a detrimental impact upon the existing floodplains and groundwater resources. The Scheme potentially lies within the area of influence of a number of internationally, nationally and locally designated sites, including Sites of Special Scientific Interest. However, the ES concludes that the Scheme will not result in any direct impacts on designated or non-designated sites of nature conservation value. The overall effects on nature conservation are therefore assessed as neutral. Other key issues addressed in the policy guidance are both noise and air quality. With regard to noise, the ES shows that, once operational, the significance of effect of the operation of the Scheme is assessed as being ‘slight adverse in the short term and neutral in the long term’. This falls within the requirements of NPPF for development to ‘avoid noise from giving rise to significant adverse impacts.’ The ES concludes that, from the locations modelled, the overall impact of the Scheme on air quality during construction and operation is not significant. Overall, therefore, the Scheme is considered to be consistent with the provisions and requirements of NPPF. Local planning policy The main local planning policies relevant to the Application across all 11 ‘host’ local authorities relate to the environmental effects of the Scheme, particularly in relation to air quality, noise, flood risk, nature conservation, heritage and landscape. With the exception of the North Wessex AONB, located at the western edge of the Scheme, there are no landscape designations of national or local importance along the extent of the Scheme. Nor does the Scheme fall within any nature conservation sites of international, national or local importance. Whilst the Scheme runs close to, it does not directly affect cultural heritage sites, historic gardens, or conservation areas. Through the assessments undertaken within the ES, the Scheme has been shown to accord with local planning policy in relation to air quality and noise and where located within Flood Zones 2 and 3, the proposed mitigation measures address potential flood risks, in compliance with policy guidance. M4 JUNCTIONS 3 TO 12 SMART MOTORWAY VOLUME 7 7.1 PLANNING STATEMENT MARCH 2015 PAGE IV HIGHWAYS AGENCY – M4 JUNCTIONS 3 TO 12 SMART MOTORWAY Spatially, elements of the Scheme between the local authority areas of Windsor and Maidenhead to the west and Hounslow to the east lie in Green Belt, where a clear presumption exists within local planning policy against ‘inappropriate’ development. Nonetheless, compliance has been demonstrated for the Scheme when considered against the relevant policy tests set out in local and national guidance.
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