M20 Junction
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M20 Junction 10a TR010006 4.1 Statement of Reasons APFP Regulation 5(2)(h) Revision BA Planning Act 2008 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M20 Junction 10a Error! No text of specified style in document. Error! No text of specified style in document. Error! No text of specified style in document. Error! No text of specified style in document. Volume 4 July May 20167 M20 Junction 10a TR010006 4.1 Statement of Reasons Volume 4 This document is issued for the party which commissioned it We accept no responsibility for the consequences of this and for specific purposes connected with the above-captioned document being relied upon by any other party, or being used project only. It should not be relied upon by any other party or for any other purpose, or containing any error or omission used for any other purpose. which is due to an error or omission in data supplied to us by other parties This document contains confidential information and proprietary intellectual property. It should not be shown to other parties without consent from us and from the party which commissioned it. Date: July May 20176 Issue and revision record Revision Date Description A July 2016 DCO Submission B May 2017 DCO submission (deadline 7) This document is issued for the party which commissioned it We accept no responsibility for the consequences of this and for specific purposes connected with the above-captioned document being relied upon by any other party, or being used project only. It should not be relied upon by any other party or for any other purpose, or containing any error or omission used for any other purpose. which is due to an error or omission in data supplied to us by other parties This document contains confidential information and proprietary intellectual property. It should not be shown to other parties without consent from us and from the party which commissioned it. Date: July May 20176 M20 Junction 10a Scheme The M20 Junction 10a Development Consent Order 201[ ] ______________________________________________ STATEMENT OF REASONS ______________________________________________ Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Regulation Number Regulation 5(2)(h) Planning Inspectorate Reference TR010006 Application Document HA514442-MMGJV-GEN-SMW-RE- Reference Z-4101 Author Highways England Issue Date Description 1A 15 July 2016 Application submission to PINS B 02 May 2016 Deadline 7 submission CONTENTS Clause Heading Page 1 INTRODUCTION .......................................................................................................... 1 2 DESCRIPTION OF THE SCHEME .............................................................................44 3 SCOPE OF COMPULSORY ACQUISITION ........................................................... 1010 4 DESCRIPTION OF LAND AND RIGHTS IN LAND AFFECTED BY THE SCHEME . 1414 5 PURPOSE FOR WHICH COMPULSORY ACQUISITION AND TEMPORARY POSSESSION POWERS ARE SOUGHT ............................................................... 1919 6 JUSTIFICATION FOR SEEKING POWERS OF COMPULSORY ACQUISITION AND TEMPORARY POSSESSION ................................................................................. 2020 7 COMMUNICATIONS AND NEGOTIATIONS WITH OWNERS OF INTERESTS IN LAND ..................................................................................................................... 3333 8 IMPACTS ON STATUTORY UNDERTAKERS ........................................................ 3434 9 HUMAN RIGHTS .................................................................................................... 3838 10 THE PLANNING POLICY POSITION INCLUDING THE VIEW OF GOVERNMENT 4141 11 SPECIAL CONSIDERATIONS AFFECTING THE LAND ......................................... 4747 12 OTHER CONSENTS REQUIRED IN RELATION TO THE SCHEME.......................5353 13 SUMMARY AND CONCLUSIONS .......................................................................... 5454 1 INTRODUCTION 1.1 This Statement of Reasons (this "Statement") relates to an application made by Highways England (the "Applicant") to the Planning Inspectorate, on behalf of the Secretary of State for Transport, under Section 37 of the Planning Act 2008 (the "Application"). 1.2 The Application is for a development consent order (“DCO”) for the M20 Junction 10a scheme (the "Scheme"). A description of the Scheme, including its key features, is provided in Chapter 2 of this Statement. 1.3 The National Policy Statement for National Networks (the "NPS NN") was designated by the Secretary of State for Transport on 14 January 2015. The designated NPS NN states that the Government's strategic policy objective is to deliver improvements in capacity, connectivity and resilience on the national road network to support a prosperous and competitive economy and to improve overall quality of life. These strategic aims are reflected in the objectives of the Scheme, which are to: (a) Increase the capacity of the road network to support and allow the delivery of residential and employment development, either proposed or permitted, within the Ashford growth area. (b) Improve the safety of road users by alleviating congestion around the existing Junction 10 whilst creating the opportunity to enhance local transport facilities for non-motorised users. (c) Provide a new route for traffic into Ashford via a new Junction 10a and dual carriageway link road. (d) Minimise the environmental impact and, where possible, allow enhancements to be made to the environment. (e) Improve journey time reliability on the strategic road network. As is noted above and explained in more detail later in this Statement, the objectives of the Scheme are aligned with the Government's strategic policy objectives relating to the national road network. 1.4 The Scheme is a nationally significant infrastructure project ("NSIP") within Sections 14(1)(h) and 22(1)(b) of the Planning Act 2008 (the "2008 Act"). Under Section 22 an NSIP must fall within one of the three categories specified, which are expressly stated to be alternatives. This Scheme is an “alteration” within the meaning of Section 22(1)(b). The alteration is to the M20 motorway by the creation of a new Junction 10a, which will form part of the motorway, the closure of the eastern slip roads on the nearby existing 1 Junction 10 and the related highway works necessary to allow the new motorway junction to be integrated into the surrounding trunk and classified road network. 1.5 The Scheme satisfies Section 22(3)(a) and (b) in that all the highway involved is wholly in England and Highways England Company Ltd, being a strategic highways authority, is the highway authority for the M20. The relevant area for development under Section 22(3)(c) and (4) is 15 hectares because the highway being altered is a motorway. The Nationally Significant Infrastructure Project Definition Plan (application document 2.14) shows the area for development, namely “the land on which the part of the highway to be altered is situated and any adjoining land expected to be used in connection with its alteration” shaded in yellow. The area for development is 49.7 hectares, which thereby exceeds the 15 hectare threshold. 1.6 As the Scheme is an NSIP, development consent must be obtained from the Secretary of State to authorise it, and an application for a development consent order must be made to the Secretary of State, care of the Planning Inspectorate ("PINS"), under section 37 of the 2008 Act. 1.7 This Statement has been prepared in compliance with the requirements of Regulation 5(2)(h) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (the "2009 Regulations") and the 'Planning Act 2008: Guidance related to procedures for the compulsory acquisition of land' (DCLG, September 2013) (the "CA Guidance"). This Statement is required because the DCO, if made, would authorise the compulsory acquisition of land, or of interests or rights in land, as well as confer on the Applicant the additional powers below, which are further described in Chapter 3 of this Statement: (a) The creation of private rights over land; (b) The acquisition of subsoil or airspace interests only; (c) The creation of rights under or over streets; (d) The temporary use of land for carrying out the authorised development; and (e) The temporary use of land for maintaining the authorised development. 1.8 This Statement forms part of a suite of documents submitted in support of the Application in accordance with section 55 of the 2008 Act and Regulation 5 of the 2009 Regulations. It should be read alongside those documents and in particular, the following documents which relate to the compulsory acquisition and temporary possession powers sought to enable delivery of the Scheme: 2 (a) The draft DCO (document reference HA514442-MMGJV-GEN-SMW-RE-Z- 3101); (b) The Book of Reference (document reference HA514442-MMGJV-GEN-SMW- RE-Z-4301), containing details of the land proposed to be subject to powers of compulsory acquisition and temporary possession, and including the names and addresses of all known parties who may have an interest in the land that would be affected by the Scheme if development consent was granted and implemented; (c) The Funding Statement (document reference HA514442-MMGJV-GEN-SMW- RE-Z-4201), explaining how the implementation of the DCO will be funded; and (d) The Land Plans (document reference HA514442-MMGJV-GEN-SMW-DE-Z- 2200), showing