Inspector's Report
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Report to the Secretary of State for Transport by Heidi Cruickshank BSc (Hons), MSc, MIPROW an Inspector appointed by the Secretary of State for Transport Date: 9 July 2019 TRANSPORT AND WORKS ACT 1992 THE NETWORK RAIL (CAMBRIDGESHIRE LEVEL CROSSING REDUCTION) ORDER [20--] Inquiry opened on: 28 November 2017 Ref: DPI/Z1585/17/11 www.planningportal.gov.uk/planninginspectorate REPORT TO THE SECRETARY OF STATE FOR TRANSPORT FILE REF: DPI/Z1585/17/11 CONTENTS: Report Section Title Page Section number Number 1 REPORT STRUCTURE 4 2 PROCEDURAL MATTERS 7 3 STRATEGIC MATTERS 25 4 STATUTORY REQUIREMENTS 61 5 PUBLIC SECTOR EQUALITY DUTY 68 6 PLANNING AND POLICY MATTERS 78 7 CROSSINGS CONSIDERATIONS 101 7.1 C01, Chittering, C02, Nairns No. 117, C33 Jack O’Tell 102 (Adam’s Crossing) and C34, Fysons 7.2 C04, No Name No. 20 119 7.3 C07, Harston No. 37 141 7.4 C10, Coffue Drove 156 7.5 C11, A Furlong Drove 160 7.6 C12, Silt Drove 176 7.7 C14, Eastrea Cross Drove 183 7.8 C15, Brickyard Drove 191 7.9 C16, Prickwillow 1 and C17 Prickwillow 2 201 7.10 C20, Leonards 206 7.11 C21, Newmarket Bridge and C22, Wells Engine 217 7.12 C24, Cross Keys 226 7.13 C25, Clayway 234 7.14 C26, Poplar Drove and C27 Willow Row 244 Drove/Willow Road 7.15 C28, Black Horse Drove 256 7.16 C29, Cassells Crossing 262 7.17 C30, Westley Road 267 7.18 C31, Littleport Station 271 7.19 C35, Ballast Pit 280 www.planningportal.gov.uk/planninginspectorate 2 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT FILE REF: DPI/Z1585/17/11 8 OTHER MATTERS 287 9 NON-CROSSING SPECIFIC 295 OBJECTIONS/REPRESENTATIONS 10 FUNDING 299 11 COMPULSORY PURCHASE 301 12 PLANNING CONDITIONS 307 13 RECOMMENDATIONS 312 APPEARANCES DOCUMENTS SUBMITTED AT THE INQUIRY ABBREVIATIONS AND GLOSSARY ANNEX 1 - Proposed changes to C11 if decided to include without the southern bridleway ANNEX 2 - The conditions to be implemented if the Secretary of State determines to include all crossings in the Order www.planningportal.gov.uk/planninginspectorate 3 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT FILE REF: DPI/Z1585/17/11 The Network Rail (Cambridgeshire Level Crossing Reduction) Order [20--] • The application for this Order is made by Network Rail pursuant to section 6 of the Transport and Works Act 1992 for an Order under sections 1 and 5 of that Act. • The Order would authorise Network Rail to close or downgrade a number of level crossings of the railway line in the County of Cambridgeshire. The Order would authorise the carrying out of works including the removal of level crossings and the construction of bridges to carry new public rights of way over drains or watercourses; the diversion or redesignation of the status of certain public roads, footpaths, bridleways, restricted byways or byways open to all traffic; the creation of new rights of way; and, permit Network Rail to acquire land and interests in land in connection with the construction of the scheduled works authorised by the Order. • There were 50 statutory objections, 3 representations and 4 letters of support outstanding at the commencement of the Inquiry. Summary of Recommendation: The Order be made subject to modifications. 1. REPORT STRUCTURE 1.1 The Report deals firstly with procedural matters and then the arguments regarding the strategic matters relating to the Order. 1.2 The Secretary of State indicated the matters about which he particularly wished to be informed in the Statement of Matters (“SOM”) . The Report sets out the relevant SOM, with comments, as appropriate in each section. The SOM are set out below: SOM 1 The aims and the need for the proposed Network Rail (Cambridgeshire Level Crossing Reduction) Scheme (“the scheme”). SOM 2 The main alternative options considered by Network Rail and the reasons for choosing the proposals comprised in the scheme. SOM 3 The extent to which the proposals in the TWA Order are consistent with the National Planning Policy Framework, national transport policy, and local transport, environmental and planning policies. SOM 4 In relation to each of the level crossings to be wholly or partially closed and the proposed diversionary routes to be created: SOM 4(a) The likely impacts on land owners, tenants, local businesses, the public, utility providers and statutory undertakers, including any adverse impact on their ability to carry on their business or undertaking or access their properties SOM 4(b) Impacts on other users SOM 4(c) Impacts on flood risk and drainage www.planningportal.gov.uk/planninginspectorate 4 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT FILE REF: DPI/Z1585/17/11 SOM 4(d) Any other environmental impacts SOM 4(e) The suitability (including length, safety, maintenance and accessibility) of diversionary routes proposed for each right of way proposed to be closed SOM 5 The measures proposed by Network Rail to mitigate any adverse impacts of the scheme including any protective provisions proposed for inclusion in the draft TWA Order or other measures to safeguard the operations of utility providers or statutory undertakers. SOM 6 Having regard to the criteria for justifying compulsory purchase powers in paragraphs 12 to 15 of the DCLG Guidance on the “Compulsory purchase process and the Crichel Down Rules for the disposal of surplus land acquired by, or under the threat of, compulsion” (published on 29 October 2015): SOM 6(a) whether there is a compelling case in the public interest for conferring on Network Rail powers compulsorily to acquire and use land and rights in land for the purposes of the scheme; and SOM 6(b) whether the land and rights in land for which compulsory acquisition powers are sought are required by Network Rail in order to secure satisfactory implementation of the scheme. SOM 7 The conditions proposed to be attached to the deemed planning permission for the scheme, if given, and in particular whether those conditions satisfy the six tests referred to in Planning Practice Guidance, Use of Conditions (Section ID:21a). SOM 8 Network Rail’s proposals for funding the scheme. SOM 9 Whether the statutory procedural requirements have been complied with. SOM 10 Any other matters which may be raised at the inquiry. 1.3 The twenty-five crossings to be considered are dealt with individually, or in appropriate groups, within sub-sections in section 7 of the Report, as indicated in the table below. 1.4 These crossing-specific sub-sections contain brief descriptions of the site and its surroundings, the gist of the evidence presented with conclusions on that evidence and recommendations in relation to that crossing or group of crossings by reference to the appropriate SOMs. www.planningportal.gov.uk/planninginspectorate 5 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT FILE REF: DPI/Z1585/17/11 Report Crossing Crossing name Sub-section number 7.1 C01 Chittering C02 Nairns No. 117 C33 Jack O’Tell (Adam’s Crossing) C34 Fysons 7.2 C04 No Name No. 20 (Meldreth) 7.3 C07 Harston, No. 37 7.4 C10 Coffue Drove 7.5 C11 Furlong Drove 7.6 C12 Silt Road 7.7 C14 Eastrea Cross Drove 7.8 C15 Brickyard Drove 7.9 C16 Prickwillow 1 C17 Prickwillow 2 7.10 C20 Leonards 7.11 C21 Newmarket Bridge C22 Wells Engine 7.12 C24 Cross Keys 7.13 C25 Clayway 7.14 C26 Poplar Drove C27 Willow Road/Willow Row 7.15 C28 Black Horse Drove 7.16 C29 Cassells 7.17 C30 Westley Road 7.18 C31 Littleport Station 7.19 C35 Ballast Pit 1.5 A summary table of the recommendations can be found at paragraph 13.1. 1.6 Other general matters relating to the Order are dealt with subsequently with conclusions set out in relation to each section of the Report. 1.7 Some of the written submissions were added to at the Inquiry by oral evidence and the Inquiry appearances and documents are listed in the appendices. www.planningportal.gov.uk/planninginspectorate 6 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT FILE REF: DPI/Z1585/17/11 2. PROCEDURAL MATTERS 2.1 I held a pre-Inquiry meeting into the proposed Order on 7 September 2017 at the Hilton Cambridge City Hotel. The Inquiry opened at the Hallmark Hotel, Cambridge on 28 November 2017, adjourning on 20 December. The Inquiry resumed on 22 February 2018 at Shire Hall, Cambridge, closing in that venue on 23 February. The Inquiry sat for a total of 22 days plus one day for the Pre-Inquiry meeting. 2.2 I made unaccompanied site visits to all the crossings in the weeks beginning 4 September and 16 October 2017. I walked the existing recorded routes and proposed routes, where they were existing public routes, or I had permission to access the relevant land. Where this was not the case, I viewed the proposed routes from existing highways and vantage points. 2.3 Additional unaccompanied site visits were made to some crossings in the week beginning 19 February 2018. This was where matters had been raised during the Inquiry which I felt required me to look more specifically at certain matters, with permission to access the land in question. These were crossings C04, No. 20, Meldreth, C14, Eastrea Cross Drove, C15, Brickyard Drove and C20, Leonards. 2.4 On request I made an accompanied site visit to the crossings and land associated with FC Palmer & Sons (“FCPS”), crossings C01, Chittering, C02, Nairns No. 117, C33 Jack O’Tell (Adam’s Crossing1) and C34, Fysons. 2.5 No other accompanied visits were requested, and I was satisfied that none were required.