The Planning Act 2008 Norton Bridge Area Improvements Examining
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The Planning Act 2008 Norton Bridge Area Improvements Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport _______________________________________ Mary O'Rourke BA(Hons) DipTP MRTPI Examining Authority The Examining Authority’s findings and conclusions and recommendation in respect of an application for a Development Consent Order for railway development including associated development that comprises a new section of railway and a grade separated junction at Norton Bridge, Staffordshire. Date: 3 January 2014 This page intentionally left blank The Norton Bridge Area Improvements Order File Ref TRO40004 The application, dated 18 December 2012, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 19 December 2012. The applicant is Network Rail Infrastructure Limited. The application was accepted for examination on 10 January 2013. The examination of the application began on 19 April 2013 and was completed on 14 October 2013. The development proposed is a new 6.8 kilometres (km) section of railway consisting of a new twin track section diverging from the existing West Coast Main Line (WCML) at Little Bridgeford and running to the west of the WCML to a new junction at Searchlight Lane where a single track forks off to reconnect to the WCML north of Norton Bridge at Heamies Bridge and the twin track section turns north to cross over the WCML on a new intersection bridge before rejoining the existing Stone Line at Yarnfield Junction. The construction of the railway includes the construction of new permanent cuttings and embankments, the construction of new bridges and widening of bridges to cross the River Sow and the Meece Brook, footpaths and the WCML and related works including drainage, foundations and permanent way (rail tracks). Additional works include a major realignment of the B5026 highway, the diversions of Searchlight Lane and Scamnell Lane, the temporary widening of Chebsey Lane, the diversion of two public footpaths including the provision of a new footbridge over the Stone Line, the diversion of watercourses and the diversion of two major gas pipe-lines and one fuel pipe-line. Summary of Recommendation: The Examining Authority recommends that the Secretary of State for Transport should make the Order in the form attached. Report to the Secretary of State for Transport i The Norton Bridge Area Improvements Order Contents Chapters 1. Introduction 2. Main Features of the Site and Proposal 3. Legal and Policy Context 4. Findings and Conclusions in relation to Policy and Factual Issues 5. Findings and Conclusions in relation to Habitats Regulations Assessment 6. Overall Conclusion and Recommendation on the case for Development Consent 7. Compulsory Acquisition 8. Development Consent Order 9. Overall Conclusions and Recommendation Appendices A. Events in the Examination and Procedural Decisions Taken B. List of those who attended the Examination C. Examination Library D. List of Interested Parties E. List of Abbreviations F. Recommended Development Consent Order G. Report on the Implications for European Sites H. Other Consents Required Report to the Secretary of State for Transport ii ERRATA SHEET – Norton Bridge Area Improvements – Ref.TR040004 Examining authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport dated 3 January 2014 Corrections agreed by the Examining authority prior to a decision being made Page Number Correction 3 Para. 2.8, 7th – 8th line – “…. Parliamentary Under Secretary of State ….” 43 Para. 4.127, 9th line – “affect” not “affected”; Para. 4.129, 4th line – “looking” not “looked” 48 Para. 5.4, 4th line – “River” not “Rover” 53 Footnote 173 – “APP-047” not “APP-012” 54 Footnote 179 - “APP-047” not “APP-012” 56 Para. 7.21, 5th line – “….. would be derived ….” 81 Chapter 8 main heading – “DEVELOPMENT” not “DEVELEOPMENT” 84 Para. 8.19, 8th line – “structurally” not “structural” 88 Para. 8.36, last line – “article 35(2)” not “article 25(2)” The Norton Bridge Area Improvements Order 1 INTRODUCTION 1.1 On 15 March 2013 I was appointed to be the Examining Authority (ExA) for the examination of this application. 1.2 The main events of the examination and procedural decisions taken during the examination are listed in detail in Appendix A. I held a Preliminary Meeting on 18 April 2013. As set out in the timetable I held an open floor hearing on 19 June 2013 at Chebsey Village Hall and issue-specific hearings on landscape and ecology matters (24 July 2013) and on the draft Development Consent Order (20 June and 11 September 2013) at The Post House, Stafford. A hearing into the proposed compulsory acquisition was held on 23 July 2013. 1.3 In addition to a number of unaccompanied site visits to see the line of the proposed new railway and the surrounding area, I carried out an inspection of the site in the company of the applicant and interested parties on 19 June 2013. The itinerary, location plan and attendance list for this accompanied site visit are at Documents EV-011, EV-012 and EV-013. 1.4 Thirty nine relevant representations were received from Interested Parties (IPs) within the statutory period and I accepted one late representation as an Other Party1. 1.5 In addition to consent required under the Planning Act 2008 (PA2008) (the subject of this report and recommendation), the proposed development needs other consents and permits. These are described further in Chapter 2 below and in Appendix H. 1.6 This document sets out in accordance with section 83(1)(b)(i) of PA2008 my findings and conclusions in respect of the application and my recommendation to the Secretary of State under section 83(1)(b)(ii) of the PA2008. 1 In accordance with Rule 10(3) of the Infrastructure Planning (Examination Procedure) Rules 2010 Report to the Secretary of State 1 The Norton Bridge Area Improvements Order 2 MAIN FEATURES OF THE SITE AND THE PROPOSAL The site 2.1 The site is located some 6.5km northwest of Stafford on a complex section of the WCML and centred around the Norton Bridge railway junction. The main scheme area is to the west of the WCML with the M6 about 2km to the east. The physical extent of the permanent works and temporary land take for construction works (within the Order limits) covers approximately 112 hectares (ha). The location of the application site in relation to Stafford, Stoke- on-Trent, Birmingham, the WCML, M6 and M54 can be seen on the location plan at Appendix 1 of the Planning Statement (Document APP-018). 2.2 The route of the new railway is through a largely rural area, comprising mainly arable fields and grassland and an area of woodland known as Yelds Rough. The topography is undulating and the new railway would cross the floodplains of two watercourses, the River Sow and its tributary, the Meece Brook. Downstream the River Sow feeds the Doxey and Tillington Marshes which lie to the north of Stafford and are designated as a Site of Special Scientific Interest (SSSI). 2.3 In addition to the villages of Norton Bridge and Shallowford to the east, Chebsey to the west, Little Bridgeford to the south and Yarnfield to the north, the area is characterised by a scatter of individual residential properties and farm buildings. The station at Norton Bridge was closed some years ago. The proposal 2.4 The WCML runs in a northerly direction from Stafford through the Norton Bridge junction where it bears off to the west towards Crewe and the Stone Branch line goes north taking trains to Manchester. 2.5 Network Rail Infrastructure Ltd (NR) propose to construct a new section of railway to the west of the existing WCML to provide a grade separated junction to replace the existing flat junction at Norton Bridge2. 2.6 At its southern end the new twin track section would diverge from the WCML at Little Bridgeford, pass through a deep cutting and split to the north of Searchlight Lane. The line to Stone would rise on embankment to cross the WCML and the Meece Brook and its floodplain north of Norton Bridge whilst a new single line would fork off the flyover tracks and rejoin the WCML further north at 2 The proposed railway layout is shown on the site overview map in the ES Volume 4 at Figure 2.1 (Document APP-046). At the compulsory acquisition hearing NR provided me with a more detailed drawing (Document EV-048) which is very useful in showing the full length of the scheme with details of the bridges and the land take. Report to the Secretary of State 2 The Norton Bridge Area Improvements Order Heamies Bridge. The new sections of track would be fitted with Overhead Line Electrification (OLE) equipment. 2.7 Associated development3 would include - the construction of ten new bridges, including a new footbridge over the railway, and the widening of two existing bridges; the realignment of the B5026 (Stone Road) and a new roundabout junction with Meece Road; diversions of Searchlight Lane and Scamnell Lane; a temporary upgrade of the A5013/Chebsey Lane junction; diversions of the River Sow and the Meece Brook; the diversion of a footpath that runs alongside the existing WCML; the diversion of two high pressure gas pipelines and a fuel pipeline; mitigation earthwork bunds; surface water disposal arrangements; diversion of services; and three permanent maintenance compounds, located next to the three railway junctions, with associated vehicle access. 2.8 During the course of the examination, further information was provided by NR on the details of the scheme, more particularly on the proposed landscaping, ecology and highway works, which I consider in more detail in Chapter 4 below, but no substantive modifications were made by the applicant to the scheme as submitted.