Examining Authority's (Exa) Written Questions (Exq1)
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ExA first written questions (ExQ1) Application by Highways England for the A47 Blofield to North Burlingham project The Examining Authority’s written questions and requests for information (ExQ1) Issued on 27 April 2021. The following table sets out the Examining Authority’s (ExA’s) written questions and requests for information - ExQ1. If necessary, the examination timetable enables the ExA to issue a further round of written questions in due course. If this is done, the further round of questions will be referred to as ExQ2. Questions are set out using an issues-based framework derived from the Initial Assessment of Principal Issues provided as Annex C to the Rule 6 letter of 27 April 2021. Questions have been added to the framework of issues set out there as they have arisen from representations and to address the assessment of the application against relevant policies. Column 2 of the table indicates which Interested Parties (IPs) and other persons each question is directed to. The ExA would be grateful if all persons named could answer all questions directed to them, providing a substantive response, or indicating that the question is not relevant to them for a reason. This does not prevent an answer being provided to a question by a person to whom it is not directed, should the question be relevant to their interests. Each question has a unique reference number which starts with 1 (indicating that it is from ExQ1) and then has an issue number and a question number. For example, the first question on general and cross-topic issues is identified as 1.1.1. When you are answering a question, please start your answer by quoting the unique reference number. If you are responding to a small number of questions, answers in a letter will suffice. If you are answering a larger number of questions, it will assist the ExA if you use a table based on this one to set out your responses. An editable version of this table in Microsoft Word is available on request from the case team: please contact [email protected] Responses are due by Deadline 1: 6 July 2021. Page 1 of 38 ExA first written questions (ExQ1) Abbreviations used: PA2008 The Planning Act 2008 HRA Habitats Regulations Assessment Art Article LIR Local Impact Report BDC Broadland District Council LPA Local Planning Authority BoR Book of Reference NCC Norfolk County Council CA Compulsory Acquisition NE Natural England dDCO Draft Development Consent Order NPS National Policy Statement DMRB Design Manual for Roads and Bridges NSIP Nationally Significant Infrastructure Project EA Environment Agency R Requirement EM Explanatory Memorandum RR Relevant Representation EMP Environmental Management Plan REAC Register of Environmental Actions and Commitments ES Environmental Statement SOAEL Significant Observed Adverse Effect Level ExA Examining Authority SoR Statement of Reasons HE Historic England SoS Secretary of State HGV Heavy Goods Vehicle TP Temporary Possession The Examination Library References in these questions set out in square brackets (eg [APP-010]) are to documents catalogued in the Examination Library. The Examination Library is updated throughout the examination progresses. Citation of questions Questions in this table should be cited as follows: Question reference: issue reference: question number, eg 1.1.1 – refers to question 1 in this table. Page 2 of 38 ExA first written questions (ExQ1) Index 1. General and cross-topic ....................................... 4 2. Air Quality and Emissions..................................... 6 3. Biodiversity, Ecology and Natural Environment (including Habitats Regulations Assessment (HRA)) ................................................................ 8 4. Climate Change.................................................. 10 5. Compulsory Acquisition, Temporary Possession (and other land or rights considerations) ........... 11 6. Cultural Heritage ............................................... 15 7. Cumulative Effects ............................................. 17 8. Draft Development Consent Order (dDCO).......... 18 9. Geology and Soils .............................................. 25 10. Landscape and Visual......................................... 25 11. Material Assets and Waste ................................. 27 12. Noise and Vibration ........................................... 28 13. Population and Human Health ............................ 31 14. Transportation and Traffic ................................. 34 15. Water Environment ............................................ 36 Page 3 of 38 ExQ1: 27 April 2021 Responses due by Deadline 1: 6 July 2021 ExQ1 Question to: Question: 1. General and cross-topic 1.1.1 The Applicant The Applicant should provide a list of all plans and other documents that will require Secretary of State (SoS) certification (including plan / document references). This should be updated throughout the examination process for ease of tracking document versions and a final list supplied to the Examining Authority (ExA) before the close of the examination. 1.1.2 The Applicant Any subsequent versions of the application draft Development Consent Order (dDCO) [APP-016] submitted to the examination should be supplied as both ‘clean’ and separately with track changes to highlight any changes from the previous version. Please provide in both .pdf and Word formats. It should also be accompanied by a document explaining the changes made. 1.1.3 The Applicant The description of the Proposed Development throughout the application documents includes “2.6km of dual carriageway on the A47”. Please explain how this measurement has been arrived at and how it relates to the figure of ‘4570 metres in length’ cited under Work No. 1 of Schedule 1 of the dDCO [APP- 016]. 1.1.4 The Applicant The Consents and Licenses Position Statement [APP-018] at paragraph 3.1.3, bullet point 8, makes refence to the dDCO [APP-016] making provision for any works required to trees, including those protected by tree preservation orders. However, the dDCO does not appear to refer to protected trees and it is unclear from the application document whether there are any. Please address and clarify this matter. 1.1.5 The Applicant ES Chapter 3: Consideration of Alternatives [APP-041] at paragraph 3.1.1 provides a link in respect of the Scheme Assessment Report (2017) relating to the scoring of alternative routes considered. However, the location of the report is not clear from the link provided. Please provide either a link to the actual report or a copy of the report which can then be added to the Examination Library. 1.1.6 The Applicant In the Equalities Impact Assessment [APP-126], the part D: Assessment (Stage 2) table concludes based on race in respect of 'Pregnancy and maternity' and 'Marriage and civil partnership'. Is this an error which needs to be corrected? 1.1.7 The Applicant The revised Environmental Management Plan (EMP) [AS-009] is not fully searchable by keyword (ie the Ctrl+F ‘Find’ function). Please provide a version that is and ensure that any documents submitted into the Examination in the future are fully searchable in this way. Page 4 of 38 ExQ1: 27 April 2021 Responses due by Deadline 1: 6 July 2021 ExQ1 Question to: Question: 1.1.8 The Applicant Many of the application documents refer to the diversion of a ‘medium pressure’ gas pipeline (including the Application Form, the dDCO and the EMP). However, the ExA notes that the Relevant Representation (RR) from Cadent Gas Limited [RR-007] suggests that it is an ‘intermediate pressure’ gas pipeline. Please clarify: a) The pressure and category of the gas pipeline to be diverted; b) If it is an intermediate pressure gas pipeline, whether this has any bearing on the consideration of the application; and c) If it is an intermediate pressure gas pipeline, whether any of the relevant application documents should be amended to reflect this. 1.1.9 The Applicant The Environment Agency (EA), in its RR [RR-008], indicates that, rather than itself, Broadland District BDC Council (BDC) would be responsible for some consents or licence agreements relating to waste and materials as identified in Appendix A of the Consents and Licences Position Statement document [APP- 018]. Does BDC agree with this, and if so, can the Applicant please make any changes necessary to the document? 1.1.10 The Applicant The construction programme is set out in Table 2-2 of ES Chapter 2: The Proposed Scheme [APP-040] and is anticipated to last over 22 months and 8 phases (9 including phase 0). Please clarify which works, with the works reference numbers, will be carried out during each phase of the construction programme to understand the timescale of the works listed in Schedule 1 of the dDCO [APP-016]. 1.1.11 The Applicant Please provide a table setting out the maximum parameters of the Proposed Development to understand what maximum parameters have been assessed within each aspect ES Chapter? 1.1.12 The Applicant How would the Proposed Development: a) achieve ‘good design’ in accordance with paragraphs 4.28 to 4.35 of the National Networks NPS; and b) accord with the National Infrastructure Commission’s Design Principles for National Infrastructure? 1.1.13 The Applicant The Scheme Design Report [APP-123], paragraph 3.1.3, make reference to Highway England’s Strategic Design Panel. Has the Proposed Development been subject to review by this panel, and if not, why not? Page 5 of 38 ExQ1: 27 April 2021 Responses due by Deadline 1: 6 July 2021 ExQ1 Question to: