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Oxfordshire County Council's A4095 Witney: Cogges Link Road

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Oxfordshire County Council's A4095 Witney: Cogges Link Road Report to the Secretaries of State for Transport and Communities and Local Government by Stephen Roscoe BEng MSc CEng MICE an Inspector appointed by the Secretaries of State for Transport and Communities and Local Government Date: 31 January 2012 HIGHWAYS ACT 1980 ACQUISITION OF LAND ACT 1981 The Oxfordshire County Council (A4095 Witney: Cogges Link Road Classified Road) (Side Roads) Order 2010 The Oxfordshire County Council (A4095 Witney: Cogges Link Road) Compulsory Purchase Order 2010 and An application to the Secretary of State for Communities and Local Government to issue a Certificate Under Section 19(1)(a) of the Acquisition of Land Act 1981 that he is satisfied that there has or will be given exchange land for the order land. Inquiries held on 20, 22, 23 & 27-30 September, 4-7, 11 & 12 October & 8-11 & 30 November 2011 File Refs: DN5071/55/7/14, DN5071/60/1/22 & LIDN023/u3100/00/0001 REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT AND COMMUNITIES AND LOCAL GOVERNMENT FILE REFS: DN5071/55/7/14, DN5071/60/1/22 & LIDN023/u3100/00/0001 CONTENTS Section Page No Case Details 1 Preamble 3 Description of the Site and Its Surroundings 5 The Case for the Oxfordshire County Council 5 The Cases of the Supporters 36 The Case for the Statutory Objector 36 The Cases of the Non-Statutory Objectors 62 Conclusions 68 Recommendations 89 Appearances 90 Documents 93 Page i REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT AND COMMUNITIES AND LOCAL GOVERNMENT FILE REFS: DN5071/55/7/14, DN5071/60/1/22 & LIDN023/u3100/00/0001 GLOSSARY AADT Annual Average Daily Traffic AOD Above Ordnance Datum AQMA Air Quality Monitoring Area BAP Biodiversity Action Plan BCR Benefit to Cost Ratio CA Conservation Area Cd Spill Coefficient CIL Community Infrastructure Levy Regulations 2010 CLR Cogges Link Road CPO Compulsory Purchase Order COBA COst Benefit Assessment CPRE Campaign to Protect Rural England CS Core Strategy DfT Department for Transport DIADEM Dynamic Integrated Assignment and DEmand Modelling DMRB Design Manual for Road and Bridges EA Environment Agency EPSL European Protected Species Licence EPUK Environmental Protection UK ES Environmental Statement FRA Flood Risk Assessment HA Highways Agency IAQM Institute of Air Quality Management LAQM Local Air Quality Management LEMS Landscape and Ecological Mitigation Scheme LOS Level of Service LP Local Plan LTP Local Transport Plan LVIA Landscape and Visual Impact Assessment MfS Manual for Streets MfS2 Manual for Streets 2 NAQO National Air Quality Objective NE Natural England NO2 Nitrogen Dioxide NOx Oxides of Nitrogen NPPF National Planning Policy Framework NPV Net Present Value NSO Non-Statutory Objector PCU Passenger Car Unit PIA Personal Injury Accident www.planningportal.gov.uk/planninginspectorate Page ii REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT AND COMMUNITIES AND LOCAL GOVERNMENT FILE REFS: DN5071/55/7/14, DN5071/60/1/22 & LIDN023/u3100/00/0001 POS Public Open Space PVB Present Value of Benefits PVC Present Value of Costs RS Regional Strategy RSI Roadside Interview RTPI Royal Town Planning Institute SEP South East Plan SGSR Shores Green Slip Roads SO Statutory Objector SRO Side Roads Order SSD Stopping Sight Distance SSSI Site of Special Scientific Interest TAG Transport Analysis Guidance TUBA Transport User Benefit Appraisal UU Unilateral Undertaking VE Visual Envelope vph vehicles per hour WEBTAG Web Based Transport Analysis Guidance WHO World Health Organisation WODC West Oxfordshire District Council www.planningportal.gov.uk/planninginspectorate Page iii REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT AND COMMUNITIES AND LOCAL GOVERNMENT FILE REFS: DN5071/55/7/14, DN5071/60/1/22 & LIDN023/u3100/00/0001 CASE DETAILS These draft Orders and Application are made under Sections 14, 125, 239 and 240 of the Highways Act 1980 and Schedule 2 and Section 19(1)(a) of the Acquisition of Land Act 1981. They are known as: The Oxfordshire County Council (A4095 Witney: Cogges Link Road Classified Road) (Side Roads) Order 2010; The Oxfordshire County Council (A4095 Witney: Cogges Link Road) Compulsory Purchase Order 2010; and An application by the Secretary of State for Communities and Local Government to issue a Certificate Under Section 19(1)(a) of the Acquisition of Land Act 1981 that he is satisfied that there has or will be given exchange land for the order land. The Orders and Application are dated 20 October 2010, 2 November 2010 and 26 November 2010 respectively. The Oxfordshire County Council (hereafter referred to as the Council) submitted the Orders for confirmation to the Secretary of State for Transport and the Application to the Secretary of State for Communities and Local Government. There was one objection to the Orders and Application from a Statutory Objector, named as The JER Mawle Will Trust, Northfield Life Interest Settlement, EJSR Farms Limited, Mr James Mawle, Mr Stephen Mawle, Mrs Eileen Mawle and Mrs Rachel Murphy (hereafter referred to as the SO). There were 136 objections to the Orders and Application from Non-Statutory Objectors (hereafter referred to as NSOs). If confirmed, the Side Roads Order (SRO) would provide powers to improve or stop up lengths of highway, construct new highways and stop up and/or provide new private means of access to premises. If confirmed, the Compulsory Purchase Order (CPO) would authorise the Council to compulsorily purchase land and the rights over land for the purposes of: i) the construction of a highway from the existing roundabout at the junction of Witan Way and Station Lane, passing on the south west, south and east of Cogges housing estate to Jubilee Way at its existing traffic signal controlled junction with B4022 Oxford Hill and Cogges Hill Road in the parish of Witney in the District of West Oxfordshire in the County of Oxfordshire; ii) the construction and improvement of highways and the provision of new means of access to premises in the said parish in pursuance of The Oxfordshire County Council (A4095 Witney: Cogges Link Road Classified Road) (Side Roads) Order 2010; iii) the diversion of watercourses and the carrying out of works on watercourses in connection with the construction and improvement of highways as previously mentioned; Page 1 REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT AND COMMUNITIES AND LOCAL GOVERNMENT FILE REFS: DN5071/55/7/14, DN5071/60/1/22 & LIDN023/u3100/00/0001 iv) the use by the acquiring authority in connection with such construction and improvement of highways and provision of new means of access to premises and the execution of other works mentioned above; v) the improvement or development of frontages to the above mentioned new or existing highways or of the land adjoining or adjacent thereto; and vi) the mitigation of the adverse effect which the existence or use of the highways proposed to be constructed or improved as mentioned above will have on their surroundings. If confirmed, the Application would authorise the Council to vest land in Witney Town Council in exchange for plots of open space that are required for the highway and discharge the existing open space plots from rights, trusts and incidents to which they are currently subject. Summary of Recommendations: I recommend that the Orders are not confirmed and that Application is refused. www.planningportal.gov.uk/planninginspectorate Page 2 REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT AND COMMUNITIES AND LOCAL GOVERNMENT FILE REFS: DN5071/55/7/14, DN5071/60/1/22 & LIDN023/u3100/00/0001 1 PREAMBLE 1.1 I held concurrent Local Inquiries at Eynsham Hall, North Leigh, Witney on 20 September 2011 and The Methodist Church, High Street, Witney on 22, 23 and 27-30 September, 4-7, 11 and 12 October and 8-11 and 30 November 2011 to hear representations and objections concerning an application made by the Council for confirmation of the above mentioned Orders and the above mentioned Application. The change of venue from Eynsham Hall to The Methodist Church was necessary due to the number present exceeding the capacity of the venue at Eynsham Hall. 1.2 The purpose of the proposed scheme, the Cogges Link Road (CLR), is to reduce the volume of traffic in the centre of Witney, particularly in the High Street, Bridge Street and Staple Hall areas which are currently affected by slow moving or stationary traffic. This would be achieved by the provision of a second river crossing and a linkage to Jubilee Way to fulfil a town distributor road function. The CLR would enable improved and more reliable journey times, better access for public transport, a reduction in road traffic accidents and opportunities for complementary measures in the town centre. The CLR would be designed to 1 meet the LTP [CD11] objectives of tackling congestion, delivering accessibility and improving road safety, air quality and the street environment. The CLR has also had policy support in strategic and local planning documents for a number of years[OCC/108 paras109 & 110]. 1.3 The CLR would connect to a roundabout at the junction of Witan Way and Station Lane by the construction of a new fourth leg. From the roundabout, the CLR would head in a south easterly direction, rising on an embankment to a crest between two branches of the River Windrush. Bridges would carry the CLR over the branches of the river. It would continue on embankment across the river flood plain falling gradually to a low point by Stanton Harcourt Road. A new underbridge would allow the CLR to pass beneath Stanton Harcourt Road. On the east side of Stanton Harcourt Road, the CLR would continue in an easterly direction in cutting to the south of the Cogges housing estate, parallel to the A40 Witney bypass for approximately 200m before turning north east then north around the east of Cogges, where the carriageway would climb continuously in a combination of natural and false cuttings towards Oxford Hill.
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