M20 Junction 10a TR010006 5.1 Consultation Report APFP Regulation 5(2)(q) Revision A Planning Act 2008 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

Volume 5 July 2016

M20 Junction 10a

TR010006

5.1 Consultation Report

Volume 5

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 2016

M20 Junction 10a Consultation Report TR010006

Foreword

Highways has undertaken a fully managed programme of consultation with the local community and wider stakeholders. The consultation process has facilitated feedback which has been carefully considered throughout the development of the M20 junction 10a Scheme (the 'Scheme').

Pre-application consultation is an important element of any Nationally Significant Infrastructure Project. has taken careful consideration to relevant legislation, guidance and notes when designing the pre-application strategy.

Early consultation addressed the main strategic and audience interaction needs to deliver a meaningful and progressive engagement programme. A number of different model groups were supported throughout the non-statutory engagement period. Strong collaboration followed through to the formal consultation stage. As a result the pre- application consultation stage highlighted important issues that have been considered and addressed in advance of the submission of the Development Consent Order (DCO) application.

Following a 15 month period of non-statutory engagement, Highways England held a statutory period of consultation in accordance with the Planning Act 2008 (the Act) for a period of 9 weeks from 14 January to 17 March 2016. There was also a further statutory consultation from 31 March to 5 May 2016 providing further detail about the Scheme and a land interest consultation from 20 May to 3 July 2016.

This Consultation Report accompanies the application by Highways England under Section 37 of the Act for a DCO. As required by Section 37(7) of the Act, this consultation report details:  What has been done to comply with Sections 42, 47 and 48 of the Act in relation to a proposed application that has become the application.  Any relevant responses.  The account taken of any relevant responses, in accordance with Section 49 of the Act.

The report provides a full account of Highway England’s approach to consultation and responses received, and demonstrates how Highways England has taken all feedback into account. The report appendices provide further support.

The structure of the consultation responses is organised by each statutory consultation. Responses are further categorised into the Schemes main design features and key topics raised in association with each. The report provides commentary from Highways England on how the Scheme has changed.

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Glossary

ABC Ashford Borough Council Act The Planning Act 2008 ANOB Area of Natural Beauty APFP Regulations The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 DCLG Department for Communities and Local Government DCLG guidance 'Planning Act 2008: Guidance on the pre-application process' (DCLG, March 2015) DCO Development Consent Order DMRB Design Manual for Roads and Bridges EIA Environmental Impact Assessment EIA Regulations The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 ES Environmental Statement FRA Flood Risk Assessment GI Ground Investigation HGV Heavy Goods Vehicle KCC County Council MAG Motorcycle Action Group NMU Non-Motorised User NRTS National Roads Telecommunications Service NSIP Nationally Significant Infrastructure Project PEIR Preliminary Environmental Information Report PINs Planning Inspectorate PRoW Public Right of Way SOCC Statement of community consultation SSSI Site of Special Scientific Interest WHH William Harvey Hospital WFD Water Framework Directive

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Content

Chapter Title Page

1 Executive Summary 1 Introduction ______1 Consultation requirements ______1 Programme of engagement and consultation ______2 Statement of Community Consultation ______2 Consultation with local community (Section 47) ______3 Consultation with statutory consultees (Section 42) ______3 Publicity notices (Section 48) ______4 Results and project changes ______4 EIA and PEIR ______5 Conclusion ______5

2 Introduction 6 Introduction ______6 Structure of consultation report ______6 The Scheme ______7

3 Non-Statutory Engagement 9 Introduction ______9 Scope of engagement ______9 Areas of engagement ______10 Engagement with local authorities ______11 Statutory consultees engagement ______13 Stour Park engagement ______20 Additional engagement ______21 Local community engagement ______22 Community representative engagement ______23 Conclusion ______23

4 Statutory Consultation Methodology 25 Introduction ______25 Legal Requirements ______25 Consultation requirements and approach ______26 Having regard to consultation responses ______27 Environmental Impact Assessment requirements ______28 Conclusion ______28

5 Statement of Community Consultation 29 Statement of Community Consultation (SOCC) ______29 Statement of community consultation programme of consultation ______31

6 Consultation with Local Communities (Section 47) 33 Introduction ______33 Consultation programme ______33

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Raising awareness of the consultation ______38 Dealing with consultation results ______43 Results of consultation ______44 Key changes as a response to Section 47 consultation ______62 Summary of scheme features that cannot be changed ______63 Conclusion to Section 47 consultation ______63

7 Consultation with Statutory Consultees (Section 42) 65 Introduction ______65 Consultees ______65 Consultation programme ______66 Dealing with consultation results ______68 Results of consultation ______68 Key changes as a response to the Section 42 consultation ______71 Summary of Scheme features that cannot be changed ______72 Conclusion to Section 42 consultation ______72

8 Publicity Notice Section 48 74 Introduction ______74 Section 48 publicity ______74 Section 48 consultation ______75 Results of consultation ______75 Conclusion to Section 48 consultation ______75

9 Additional Statutory Consultation 76 Introduction ______76 Second Section 48 consultation ______76 Final land interest consultation ______77 Stour Park development occupiers ______77 Results of consultation ______77 Key changes as a response to consultation ______79

10 Environmental Impact Assessment 80 Introduction ______80 Preliminary Environmental Information Report ______80 Environmental Impact Assessment ______80 Preliminary Environmental Information Report – Executive Summary ______81 Final Environmental Statement ______81

11 Conclusion 82 Overview ______82 Non-statutory engagement ______82 Formal consultation ______82 Compliance ______83

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1 Executive Summary

Introduction

1.1.1 Highways England proposes to construct an interchange junction called junction 10a, 700 metres east of junction 10. The Scheme includes a new dual carriageway link road to the existing A2070 Southern Orbital Road (Bad Munstereifel Road) and a connection to the A20 Hythe Road.

1.1.2 The preferred route announcement for the Scheme took place in March 2010. This followed a 12 week consultation between 13 June and 5 September 2008 on 3 options, a ‘Proposed Option’ and 2 alternative options. The consultation found an overall preference for the proposed option. This consultation was not a statutory consultation under the Act.

1.1.3 The Scheme has since evolved to include an additional A2070 link road, a proposed alternative to allow access to the proposed Stour Park development, 3 balancing ponds, 2 new footbridges, a reduced speed limit on the A2070, additional noise bunds and landscaping measures and improvements to Barrey Road junction.

Consultation requirements

1.2.1 The Scheme is a nationally significant infrastructure project (NSIP) within Sections 14(1)(h) and 22(1)(b) of the Planning Act 2008. Under Section 22 an NSIP must fall within 1 of the 3 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 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 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. 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 area for development is 49.7 hectares, which thereby exceeds the 15 hectare threshold.

1.2.2 The Act sets out in Part 5, Chapter 2 (Pre-application procedure) a number of consultation requirements for NSIPs. This includes the duty to consult with the local community on the development, statutory consultees, landowners, local authorities and other non-statutory consultees.

1.2.3 Section 49 requires the applicant to take account of responses as a result of the statutory consultation. Regard must be had to consultation responses as part of the pre-application process.

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1.2.4 Section 37(3)(c) requires the applicants Development Consent Order (DCO) application to be accompanied by a consultation report. The report details how the applicant has complied with the statutory requirements, managed the responses and taken account of the responses.

1.2.5 Section 50 of the Act requires the applicant to have regard to any guidance issued by the Secretary of State when planning and carrying out statutory consultation.

1.2.6 Guidance is provided by the Planning Inspectorate (PINs) and the Department for Communities and Local Government (DCLG). Highways England also produces its own guidance which was additionally taken into account.

1.2.7 PINs advice note 14 provides guidance on the format of the consultation report.

Programme of engagement and consultation

1.3.1 Highways England understood from an early stage that consultation needed to meet the needs of persons and groups with either technical or non-technical knowledge as well as those experienced and not experienced in the planning process.

1.3.2 Following the commencement of the pre-application stage in September 2014, Highways England undertook its non-statutory engagement programme. This activity carried on for a period of 15 months eventually allowing a period in December 2015 to plan for the statutory consultation.

1.3.3 The formal statutory consultation process took place between the months of January to March 2016 (Sections 42, 47 and 48), March to May 2016 (Sections 42 and 48) and May to July 2016 (Section 42 - additional land interests only).

Statement of Community Consultation

1.4.1 Highways England drafted, as required under Section 47, a Statement of Community Consultation (SOCC) setting out how formal consultation would be carried out with the local community, residents, businesses and visitors in the Schemes vicinity.

1.4.2 Ashford Borough Council (ABC) and Kent County Council (KCC) were consulted on the draft SOCC in October 2015. Highways England also provided the Planning Inspectorate with a draft copy.

1.4.3 Highways England carefully considered ABCs responses to the draft SOCC and where applicable incorporated the recommendations. No comments were received from KCC and PINs advised of no changes. The revised final SOCC was published on the Highways England website in full and an advert notification advising the community of the SOCC was published in the local press in compliance with Section 47(6) of the Act.

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Consultation with local community (Section 47)

1.5.1 Section 47 of the Act requires the developer to consult the local community, defined as ‘those living in the vicinity of the land’. For the purpose of the M20 junction 10a consultation this included the wider community in and around Ashford.

1.5.2 Highways England undertook formal consultation on the Scheme for 9 weeks from 14 January to 17 March 2016. The consultation was carried out in accordance with the published SOCC, in partnerships with both ABC and KCC and in line with Highways England‘s communication strategy.

1.5.3 Highways England undertook an extensive communications programme to raise awareness of the consultation covering an array of channels. These included: advertising in 5 newspapers, writing to 17,462 businesses and residents within a set postcode radius of the Scheme vicinity, writing to stakeholder organisations and groups, emailing some 5,998 registered users of the Scheme webpages and utilising ABCs and KCCs digital channels.

1.5.4 A main exhibition over 3 days and 2 one-day events took place in and around the Schemes location. Over 650 people attended the events of which 414 attended the main public exhibition which took place from 21 to 23 January 2016. The events provided an opportunity for local people to talk to the project team, pick up a questionnaire and respond to the consultation. Highways England also notified non–statutory stakeholder parties from the stakeholder database to include community representatives.

1.5.5 Highways England received a total of 230 responses to the Section 47 consultation, of which 211 included questionnaire responses and 8 from non- statutory stakeholder consultees.

Consultation with statutory consultees (Section 42)

1.6.1 Section 42 of the Act requires the developer to consult with the prescribed consultees (Section 42(1)(a)), landowners, those with an interest in the land and those who would or might be entitled to make a relevant claim under Section (42(1)(d)) and relevant local authorities (Section 42(1)(b)).

1.6.2 Highways England undertook formal consultation with the Section 42 consultees for a period of 9 weeks from 14 January to 17 March 2016. Highways England received a total of 17 responses to the Section 42 consultation.

A second Section 48 consultation (in relation to all Section 42 parties) was carried out between 31 March to 5 May 2016 in relation to further detail regarding the Stour Park access alternative and other matters. A final Section 42 consultation (in relation to certain land interests only) was carried out from 20 May to 3 July 2016, following the identification of additional parties with land interests resulting from further title investigation work.

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1.6.3 To notify Section 42 consultees Highways England sent a letter through the post or attached to an email. Letters were sent by recorded delivery.

1.6.4 Highways England received no further responses to the final land interest consultation.

Publicity notices (Section 48)

1.7.1 Section 48 requires the developer to publicise the proposed application in the prescribed manner in national and regional newspapers as set out in Regulation 4, the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (APFP Regulation).

1.7.2 Highways England undertook formal Section 48 consultation for a period of 9 weeks from 14 January to 17 March 2016.

1.7.3 A copy of the Section 48 notice was provided to consultees in compliance with regulation 11 of the EIA Regulations.

1.7.4 A second Section 48 consultation, from 31 March to 5 May 2016, allowed for an update on the Scheme specifically related to the Red Line Boundary and alternative access for the Stour Park development.

1.7.5 Highways England received 1 response to the first Section 48 consultation and 18 for the second.

Results and project changes

1.8.1 The responses received from the Section 42, 47 and 48 consultations have assisted in shaping the Scheme and making for a well-informed DCO application. As a result the key changes have been incorporated and summarised as follows:  Incorporation of mitigation measures where responses have arisen to reduce noise and visual impact.  Revision and refinement of the Schemes Red Line Boundary in response to the consultation.  Design measures such as landscaping to reduce the potential impact on the setting and character of St Marys Church.  Commitment, at detailed design phase, to further discussion with KCC at the incorporation of an active cycle way between junctions 10 and 10a.  Feedback on environmental measures has been reviewed and incorporated in the Environmental Statement (ES). This has included the

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additional analysis of greater data sets, assessments and alternative case scenarios.  Inclusion of Public Rights of Way (PRoW) and signage changes to the Schemes design.  Incorporation of landowner requests into the design.

1.8.2 Appendix D which accompanies this report details the consultation responses and summarises Highways England‘s response.

EIA and PEIR

1.9.1 The Scheme constitutes Environmental Impact assessment (EIA) development and an Environmental Statement is required to be submitted as part of the DCO application under regulation 5(2)(a) of the APFP Regulations.

1.9.2 The EIA scoping process started in September 2014, a request for a scoping opinion in the form of a letter to PINs took place on 16 January 2015 (see Appendix A.2). A scoping opinion from PINs was provided on 2 March 2015.

1.9.3 Engagement with consultees in the non-statutory engagement stage assisted with the production of the Preliminary Environmental Impact Report (PEIR) which was published in October 2015. A ‘Preliminary Environmental Information Report - Executive Summary’ also accompanied the PEIR as part of the Section 42, 47 and 48 consultations.

1.9.4 The SOCC included information on the PEIR and informed the community the document would be available as part of the community consultation material.

Conclusion

1.10.1 Highways England had regard to all guidance and advice during the execution of the requirements of the Planning Act 2008 and associated regulations. Chapters 4 and 11 of this report sets out the relevant requirements and Highways England’s approach to the consultation in detail.

1.10.2 The 15 months of early non-statutory engagement assisted the period of formal consultation on the Scheme.

1.10.3 Consultation has played an important part in challenging and influencing the Scheme design and environmental measures.

1.10.4 Highways England has had regard to all responses and this report demonstrates that Highways England has complied with the relevant legislative requirements.

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2 Introduction

Introduction

2.1.1 This consultation report provides an account of the consultation activities undertaken in respect of the Scheme. The report accompanies an application for a DCO.

2.1.2 The report provides a full account of:  The non-statutory engagement undertaken and the influence on the Scheme evolution.  The programme of formal consultation carried out in compliance with Sections 42, 47 and 48 of the Act.  Responses received during the consultation.  The consideration of those responses in compliance with Section 49 of the Act and the impact on the Scheme.

Structure of consultation report

2.2.1 Highways England has given careful consideration to the relevant guidance and advice notes in structuring this consultation report. As such the report structure follows the pre-application process the Scheme has moved through, detailing:  The non-statutory consultation activity and influences on the Scheme.  Highways England’s consultation programme and how Highways England informed, consulted and involved the community, statutory consultees and non-statutory stakeholders in the planning process.  Outcomes to the consultation undertaken and how Highways England complied with its duties under the Act.

2.2.2 Chapters 6, 7, 8 and 9 relate specifically to the formal consultation under Sections 42, 47 and 48 of the Act. Each chapter explains the consultation programme, compliance with the Act and results of the consultations. The results of responses for each consultation are presented in the ‘results of consultation’ sub-section. The format for each sub-section has been structured to reflect the specific approach taken to consultation and pay regard to the breadth of subject matter.

2.2.3 Highways England’s responses to the Section 47 community consultation in Chapter 6 are organised to reflect the Scheme questionnaire and are in 4 parts: 1, the Scheme objectives; and parts 2 to 4, the Schemes 3 main areas of design: A2070 Southern Orbital Road, M20 junction 10a gyratory and M20 junction 10. For each, issues and themes have been categorised with corresponding responses. Comments, not related specifically to design HA514442-MMGJV-GEN-SMW-RE-Z-5101 6 Revision A

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features, are included in other comments. See Appendix D.1 for a full summary of responses. Responses from non-statutory groups are also organised in Appendix D.1 into a ‘non-statutory response table D1-2.

2.2.4 Responses to Section 42 are set out under discipline headings and organised according to the key issues or themes that resulted from the consultation and include Highways England’s corresponding response for each. Appendix D.2 is organised to show specific response / issue from each consultee who responded (table D2-1).

2.2.5 Responses to Section 48 are also set out according to key issues and themes that resulted from both consultations. The ‘results of consultation’ section provides a summary of responses from Highways England. See Appendix D.3 for a full summary of responses.

The Scheme

2.3.1 Highways England announced on 6 January 2016 that formal consultation on the Scheme would commence on 14 January 2016 and run for 9 weeks. The announcement (see Appendix B.2) detailed proposals to construct an interchange junction 700m east of junction 10, a new dual carriageway link road to the existing A2070 Southern Orbital Road (Bad Munstereifel Road) and a connection to the A20 Hythe Road.

2.3.2 Prior to the 2016 consultation the Scheme had over a period of 15 years (commencing in December 2001 with a Scheme identification study) progressed through various rounds of informal consultation and engagement. This period of time has helped the early proposals leading to a meaningful options consultation.

2.3.3 In 2008 a preferred Scheme consultation took place between 13 June and 5 September on 3 options, a ‘proposed option’ and 2 alternative options. A consultation report was issued to the Highways Agency (as it then was), on the consultation. Responses received contributed to a modified proposed Scheme.

2.3.4 On 31 March 2010 the former Highways Agency published via the Transport Minister, the announced preferred route to access the south of Ashford. The announcement of the preferred Option A included a new junction 10a east of the existing junction 10, a link road to the A2070 Bad Munstereifel Road and the A20 Hythe Road incorporated into the new junction.

2.3.5 In October 2010 the Secretary of State announced that the Scheme would be nominated for further review to ensure that the proposed design was the best possible. A ‘Scheme Review’ was carried out in 2011.

2.3.6 In May 2011 the government announced that the M20 junction 10a would not be included in its programme of schemes that would receive funding during the period 2015 to 2019.

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2.3.7 In December 2013 the government committed to funding the Scheme as part of its spending review.

2.3.8 Preliminary design commenced on the Scheme in September 2014, leading to a 15 month development phase.

2.3.9 The Highways Agency became Highways England in April 2015. Highways England is responsible for delivering the Scheme.

2.3.10 The Scheme has since evolved to include an additional A2070 link road, a proposed alternative to allow access to the proposed Stour Park development, 3 balancing ponds, 2 new footbridges, a reduced speed limit on the A2070, additional noise bunds and landscaping measures and improvements to Barrey Road junction.

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3 Non-Statutory Engagement

Introduction

3.1.1 This chapter describes the process for non-statutory engagement that Highways England has implemented to develop and shape the Scheme through face-to-face engagement as well as other methods. The different groups have each brought an element of variation and the main comments are captured in this chapter.

3.1.2 Engagement was undertaken with:  Those parties who would be consulted at the formal consultation stage under Section 42 of the Act, including those listed in Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedures Regulations 2009) and identified landowners.  Other stakeholders incorporating: local community groups and representatives and suppliers responsible for the existing highways infrastructure.

3.1.3 For the purpose of this chapter the consultees who would be consulted at the formal consultation stage under Section 42 will be named ‘statutory consultees’ and other stakeholders will be named ‘non-statutory stakeholders’.

3.1.4 DCLG guidance advises (para 27) to consult widely on project proposals with a range of national and other interest groups. Engagement with expert bodies in advance of formal compliance with the pre-application requirements is encouraged (para 29).

Scope of engagement

3.2.1 The M20 junction 10a Scheme is linked closely to ABCs economic growth strategy.

3.2.2 Engagement with all groups during the non-statutory period commenced at the start of the pre-application process in September 2014. It was recognised from an early stage that views and opinions of various groups would be important in shaping the Scheme to ensure acceptance during the formal consultation period.

3.2.3 A list of consultees and stakeholders was compiled with each separated into a group ranging from local authority to community groups. This lead to the evolution of the ‘stakeholder database’, which was further developed following a mapping exercise to identify all names and locations of statutory consultees and non-statutory stakeholders. This was not limited to the data accumulated at the

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time and the database developed into a live directory. See Appendix C for a list of consultees.

3.2.4 During the non-statutory engagement stage, the stakeholder database was prioritised to obtain the views and ideas from both statutory consultees and non- statutory stakeholders. A number of different model groups were supported throughout the engagement process to facilitate discussion. Different groups evolved which brought together professional disciplines, community and business representatives. The groups were not limited to professional person(s).

3.2.5 Non-statutory engagement commenced in September 2014 however, the face- to-face and other forms of engagement, to include field based work, occurred predominately over a period of 9 months from January to September 2015. All statutory consultees received a face-to-face meeting. Other non-statutory stakeholders were contacted separately at different stages of pre-application. See Tables 3-2 to 3-6 for a summary of meetings undertaken.

Areas of engagement

3.3.1 Statutory consultees and non-statutory stakeholder ‘areas of engagement’ were identified at the commencement of the pre-application process (these various areas are discussed further in sections 3.4 – 3.11). The key areas focussed on were:  Local authorities – as primary consultees to provide detailed knowledge of existing infrastructure, environment, potential issues within local community groups and economic growth strategies to inform design.  Landowners – either directly or indirectly affected landowners were contacted to establish a relationship and provide an overview of the Scheme and process.  Stour Park developer – as a primary consultee to collaborate both the Scheme and development due to adjoining boundaries and potential future access from A2070 link road.  Local community – interested parties and groups to provide ‘on the ground’ first-hand knowledge of local issues, concerns, as well as community aspirations.  Strategic traffic users and transport – as directly affected users of the transport infrastructure, including commuters, public transport and emergency services.  Environment – statutory environmental bodies to inform the EIA scoping, ES and overall design, including: the Environment Agency, Historic England, Natural England, Kent Wildlife Trust, Kentish Stour Countryside Project (KSCP), Kent Badger Group and Kent Bat Group.  Local business – either directly or indirectly affected businesses were contacted to discuss possible future land acquisition as well as concerns over the impact of the Scheme on their business.

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Engagement with local authorities

3.4.1 The local authorities engaged with prior to consultation were Ashford Borough Council (ABC) and Kent County Council (KCC). Highways England undertook regular engagement with ABC and attended, where applicable, all relevant council organised meetings, such as steering groups and local stakeholder community group meetings. Representatives from KCC were also present at these meetings and disseminated Scheme information back to the appropriate departments within KCC. A summary of these meetings is included in Table 3-3 below.

3.4.2 Separate meetings were held with KCC to introduce the Scheme to the various departmental heads as well as an additional meeting to discuss closures of certain Public Rights of Way (PRoW) as well as Non-Motorised User (NMU) provisions particularly around St Marys Church.

3.4.3 KCC were concerned about potential damage to the A20 as a result of construction related activities and mentioned the possible resurfacing of a particular section of the carriageway. KCC welcomed the design and also acknowledged the need for the Scheme to fulfil Ashford’s planning objectives and alleviate congestion on the local network. Figure 3-1 illustrates the local authority map.

Figure 3-1 Ashford Borough Council and neighbouring authorities map

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Figure 3-2 Kent County Council and neighbouring authorities map

Table 3-1 Relevant local authorities under Section 43(1)

Kent County Council (C) Ashford Borough Council (B)

Table 3-2 Relevant local authorities under Section 43(2)

Medway Council (D) Borough of (D)

East Sussex County Council (D) Borough Council (A)

Surrey County Council (D) Swale Borough Council (A)

London Borough of Bexley (D) City Council (A)

Tunbridge Wells Borough Council (A) Shepway District Council (A)

Rother District Council (A)

3.4.4 Internal project meetings were attended throughout 2015. The following is an overview of the meetings:  M20 junction 10a Steering Group meetings - were held frequently with ABC and KCC representatives to inform progress of the Scheme and to align both Highways England and ABC requirements to ensure objectives of the Scheme were fulfilled and did not conflict with local aspirations. Re- occurring subjects included how the Scheme was to be financed through contributions, Stour Park development interface, Barrey Road

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improvements, Kingsford Street / Highfield Lane continuity, Benefit Cost Ratio and traffic modelling.  Ashford Joint Transportation Board Meeting – invited Highways England representatives presented at the transport meeting on 10 March 2015. The meeting was attended by councillors, engineering, legal, technical, community and traffic officers for ABC and KCC project teams.

3.4.5 Regular dialogue between ABC and KCC informed the SOCC as well as media material for the formal consultation. Programme delays presented an opportunity to allow further refinements to the SOCC in order to ensure accurate and informative information throughout the consultation period.

Statutory consultees engagement

Landowners and other statutory consultees

3.5.1 Landowners were identified via a diligent inquiry process covering 6 research methods: title information, land interest questionnaire, environmental impact assessment information, host and companies house searches, site investigations and web based research. This process provided a landowners Book of Reference. Contact with landowners commenced in January 2015.

3.5.2 Highways England held face-to-face or telephone meetings with all landowners identified in the Book of Reference during the non-statutory engagement stage. Engagement helped to establish a relationship and provide an overview of the Scheme and planning process, as well as arranging access for various survey works.

3.5.3 The predominant landowners for the Scheme are Highways England, KCC, Mr Clark (Clarks Nursery), Wyevale Garden Centre and Friends Life (Stour Park development). During the preliminary design phase survey work continued to establish the Red Line Boundary, which has evolved since the start of the pre- application process.

3.5.4 Due to the closeness of the Scheme to residential areas and the William Harvey Hospital, Highways England met face-to-face with all the relevant emergency services covering Fire, Police and NHS.

Table 3-3 Summary of meetings undertaken with local authority, other statutory consultees and landowners.

Discussion / topics Date Consultee Meeting type Influence raised Information Overview of the dissemination and proposed Scheme. clarification regarding Discussion about land ownership. proposed ground Request by KCC to 21-Jan-15 Kent County Council Meeting investigation works. have formal Discussion about notification of GI potential land acquisition works, which were in Ground Investigation subsequently (GI) locations. approved.

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Overview of the Access granted for proposed Scheme. environmental 23-Jan-15 Knatchbull Estate Meeting Discussion about surveys. GI surveys proposed ground approach agreed. investigation works. Land requirement Overview of the explained. proposed Scheme. GI surveys programme Discussion about agreed. 28-Jan-15 Clarks Nursery Meeting proposed ground Historical land use investigation works. discussed. Ownership of the land. Survey access granted. Overview of the proposed Scheme. Land requirement Discussion about explained. proposed ground Concession owner’s investigation works. questions answered. Manager advised of 28-Jan-15 (Wyevale) Garden Meeting Consultation process notifying concessions Centre explained. (other businesses) of Survey access impending surveys. granted. These included; Kent

Leisure Buildings and RCL Pools & Hot tubs. Overview of the Information on the proposed Scheme. Scheme disseminated Sweatman Mowers Discussion about including an overview 28-Jan-15 Leisure and Meeting proposed GI works. on the consultation Camping Happy for surveys to be process. Survey carried out and granted access granted. access. Preparation of a Discussion of frequently asked consultation plan. questions sheet. Review of the SOCC. Agreed the 03-Mar-15 Kent County Council Meeting Community concerns organisation of and local issues additional meetings discussion. with councillors and community leaders. Highways England Ashford Joint Scheme and responded to 10-Mar-15 Meeting Transportation Board consultation update. questions about the slip road closure. Overview of proposed plans and key Additional traffic Kent Fire and objectives. modelling data to be 23-Mar-15 Meeting Rescue SHQ Discussions on signing collected. strategy and emergency No specific outcomes. access. Overview of the proposed Scheme. Discussion to agree the scope of the Contact provided for 24-Mar-15 English Heritage Meeting assessment for the further archaeological Environmental investigations. Statement. Discussions on landscaping,

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topography, lighting, noise, study area and local access. Closure / diversion of disused footpaths. PRoW and NMU Ownership of 27-Mar-15 Kent County Council Meeting discussion. footpaths to be

established (KCC or Highways England). Overview of the East Kent Hospitals proposed Scheme. University NHS Request to engage Discussions on link road 30-Mar-15 Foundation Trust Meeting with South East Coast access, signing strategy, (William Harvey Ambulance Service. development, funding Hospital) and emergency access. M20 junction 10a Discussions on purdah 13-May-15 Meeting No specific outcomes. Steering Group period and consultation. Discussion on Advice provided on community engagement consulting with the 03-Jun-15 Kent County Council Meeting throughout the Ghurkha and consultation period. Nepalese communities. Discussions on traffic modelling, behaviour of M20 junction 10a local drivers, economic General update - no 08-Jun-15 Meeting Steering Group growth, Scheme design specific outcomes. and issuing of the SOCC. Overview of the proposed Scheme. Further traffic South East Coast 14-Jun-15 Meeting Discussions on modelling to inform the Ambulance Service suggested signal design. changes. Overview of the proposed Scheme. Suggestions to be Email Issues to be considered 08-Dec-15 taken forward into communication during construction construction strategy. particularly co-ordination with M20 Lorry Park.

Environment stakeholder engagement

3.5.5 Meetings with the Environment Agency, Historic England and Natural England took the form of reviewing the Schemes history, Highways England’s approach to environmental issues, concerns and opportunities in developing the Schemes proposal.

3.5.6 Meetings with non-statutory stakeholders including the Kent Bat Group and Kent Badger Group acted to facilitate information gathering.

3.5.7 A two-way communication channel of information provision was encouraged by Highways England for all meetings. This facilitated further discussion and provided feedback to the environment team on ideas and approaches to the Schemes design and environmental measures.

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3.5.8 Early engagement assisted with the compilation of the Preliminary Environmental Information Report (PEIR) and influenced the Environmental Impact Assessment (EIA).

Table 3-4 Summary of environmental engagement Engagement Discussion Outcome (Influence on Date Consultee type Issues raised Scheme)

The site lies within an area of Archaeological high archaeological potential; advisor (Kent Comments however, an archaeological County Council Formal regarding land on evaluation of the site has not Historic response to 22-Sept-14 the north side of revealed any significant Environment planning Highfield Lane, archaeology within the site Service) for application. . itself. Archaeology can be Ashford Borough dealt with by suitable Council planning conditions.

Presentation on the proposed Scheme specifically water environment and flood risk overview provided. Flood Risk Assessment (FRA) methodology agreed, Overview of the including method for Environment proposed assessing channel capacity. 17-Feb-15 Agency and Scheme. ES and Water Framework Meeting. Ashford Borough Discussion on a Directive (WFD)

Council range of reports methodology agreed, and assessments. including new WFD screening guidance document recently produced by the ES. Drainage strategy agreed, including requirements for climate change allowance and run-off rates. 03-Mar-15 Ashford Borough Consultation on Email Comments received and Council proposed visual communication. regard taken. (Landscape) receptor.

Overview of the proposed Ray Parker Scheme. Approval for surveys to be Face-to-face 21-Jan-15 (KCC rep for local Discussion about carried out and granted meeting. network) proposed ground access. investigation works.

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Discussion of comments on the Scoping Report and to agree the scope of the assessment for the ES. Discussion of visual impacts Meeting (planting, noise regarding Amendment of the study 24-Mar-15 Historic England and lighting) Environmental area actioned. relating to the Statement. new A2070 link road. Discussion of a mitigation strategy with AXA for the new development to ensure the sustainability of the church. Scheme overview and traffic modelling delays. PEIR - procedure for submitting to Environment Update provided on the Agency for drainage design. Meeting review. Agreement on provision for Environment regarding 02-Sept-15 Drainage design climate change allowances, Agency overview. Contact provided to discuss Stream. Discussion on dry provision for Flood defence ponds / outfall consent within the DCO. pipes / watercourse maintenance / Lacton Farm Culvert. Formal response to PEIR received following Mott MacDonald request to provide advice upon impacts (direct and indirect) along with Written Comments received and possible 21-Dec-15 Natural England response to regard taken. mitigation documents. measures in relation to a Site of Special Scientific Interest (SSSI), Area of Outstanding Natural Beauty (AONB) and protected species.

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Overview of Scheme and consenting regime as a NSIP. Overview of ecological receptors within the Scheme. Feedback in terms of protected species is left to Natural England due to KWT's agreement with Natural England - their response to Scheme The proposal to retain the proposals would land between Aylesford be regarding Stream and the proposed link biodiversity gain. road in order to enhance the 13-Jan-16 Kent Wildlife Trust Meeting. Overview of site for net biodiversity gain ecological has been put forward and is mitigation supported by the project provided e.g. team. enhancements to wildlife connectivity, hedgerow and tree planting, enhancements of receptor sites, pollution prevention objectives, and avoidance measures such as habitat retention. Discussion of the roadside nature reserve. Overview of ecological mitigation provided. KSCP are able to support in the Confirmation of issues such delivery of as if play equipment would mitigation and can be lost in the Church Street Kentish Stour help in monitoring area, clarification of queries 13-Jan-16 Countryside Meeting. populations of regarding pollution Project (KSCP) water vole for prevention along Aylesford example. Stream, pollution prevention measures are recommended KSCP interested in the Scheme design. in any mitigation proposed that would increase the water and habitat quality.

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Overview of ecological receptors. Overview of Kent Badger Group advised Kent Badger 13-Jan-16 Meeting. badger survey of mitigation Group findings. recommendations. Overview of ecological mitigation. Kent Bat Group was satisfied that the mitigation 16-Mar-16 Kent Bat Group Meeting. recommendations discussed were suitable and appropriate. Discussion regarding the potential effects on St Marys Church. Historic England requested sight of the detailed Historic England is to provide 08-Mar-16 Historic England Meeting. assessment comments. within the Cultural Heritage EIAR chapter for which the end of April has been noted as a possible timeframe to send this. Update on the Main and Alternative Ashford Borough Schemes and an Council (Head of overview of the 31-Mar-16 Planning and the Meeting. emerging Air Environmental Quality and Noise Health Officer) and Vibration Assessments (methodology and potential effects). Discussion surrounding the proposed weir removal, Flood Highways England to provide Defence Consent, Environmental Agency with a Statement of draft of the protective Common Ground, provisions and drawings Environment new government showing the current 31-Mar-16 Meeting. Agency guidance on conditions and the proposed climate change, design. Actions agreed to Water Framework inform the production of the Directive Statement of Common assessment and Grounds. pollution prevention strategy.

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An agricultural activities questionnaire sent to land owners within a 250m buffer of the Scheme's Red Line Boundary. Sent on 28 The questionnaire was sent The questionnaire October to 16 landowners for which 7 attempted to 2015. were received back (44% Landowners determine the Responses Letter, return). Of the 7 that within a 250m nature of received questionnaire responded, 6 were happy to buffer of the agricultural between and map sent to be contacted again. One of Scheme's Red activities within end of landowners. the landowners telephoned Line Boundary the development October- asking questions about the area such as the December Scheme and enquiring into agricultural land 2015 further information. classification, nature of activities (arable, livestock, commercial), any farm buildings and the nature of private water supply.

Stour Park engagement

3.6.1 Friends Life (formerly AXA) together with DMI properties is responsible for the Stour Park development. As a primary stakeholder, it was important to engage as early as possible to exchange information. The Stour Park development shares a boundary with the Scheme and will be required to apply for an access to the site from the proposed A2070 link road in order to fulfil its complete masterplan. Progress meetings were held every quarter to discuss issues such as screening, site access, environmental mitigation, NMU provisions, highway alignment, tie-in points, drainage, utilities as well of sharing of survey information and traffic modelling.

Table 3-5 Summary of Stour Park engagement Engagement Discussion Issues Outcome (Influence on Date Consultee type raised Scheme) Drainage responsibilities. Boundary lines. Steer Davies Details on drainage provided Maintenance margins. Gleave greater clarity to Highways Screening. 10-Apr-15 (representing Meeting. England drainage strategy. Traffic modelling updates. DMI Tie in level discussed in Tie in level discussed in properties). relation to A2070 link road. relation to A2070 link road. Steer Davies Gleave Updates on J10a Commitment to on-going 29-Jun-15 (representing Meeting. progress and SPD discussions. DMI Planning Application. properties).

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Steer Davies Gleave Updates on J10a Commitment to on-going 28-Oct-15 (representing Meeting. progress and SPD discussions. DMI Planning Application. properties).

Additional engagement

3.7.1 Highways England sought to consult with wider non-statutory stakeholder groups. One important party the Highways England project team was keen to involve at the early stages was the Highways England Area 4 delivery team who have the responsibility for the maintenance and operation of the present highways network. Highways England was also keen to bring together collaboration of the Scheme from the National Roads Telecommunications Services (NRTS) who provide services to connect emergency telephones and other roadside devices. Table 3-6 provides a summary of all meetings undertaken by Highways England with non-statutory stakeholders.

Table 3-6 Summary of non-statutory stakeholder engagement Non-statutory stakeholder meetings

Date Consultee Meeting type Discussion / topics raised Influence Overview of proposed Scheme. Questions about timescales, traffic flow, changes to speed limits and the impact to residents during and after Parish Face-to-face 27-Nov-14 construction. Council meeting. Concerns regarding local access, travel time. Village enhancements may be considered to mitigate noise and pedestrian access from additional traffic. Overview of the proposed Stuart Ramsey Approval for surveys to be Face-to-face Scheme. 21-Jan-15 (Ransley carried out and granted meeting. Discussion about proposed House) access. ground investigation works. Overview of the proposed Scheme to route manager Motorway Communications equipment. Highways 5 year maintenance plan Face-to-face VRS and drainage 09-Feb-15 England to be provided. meeting. requirements. Area 4 New structures. Signing and traffic signals. Utilities. Maintenance. Overview of the proposed Scheme. Incorporate cabling NRTS Face-to-face Discussions on technology 06-Mar-15 infrastructure footprint into (GeneSYS) meeting communications design, Scheme design. cabling infrastructure, traffic management.

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Overview of the proposed Scheme. Issues raised by NRTS / Area GeneSYS. Extension of works Face-to-face 18-Mar-15 Technology Pit and duct system beyond current Scheme meeting. Team requirements. extents. May be raised as ‘renewal works’ and done in advanced of Scheme. Various design options explained following previous Extension of works Face-to-face 16-Jul-15 NRTS meeting. beyond current Scheme meeting. Pit and duct system extents. requirements. Overview of the proposed Scheme. Discussions on technology Regional Face-to-face 20-Aug-15 communications design, Control Centre meeting. cabling infrastructure, traffic management and maintenance. Network Overview of the proposed Delivery and Face-to-face Scheme. 09-Sept-15 Development meeting. Co-ordination with Operation (directorate). Stack.

Local community engagement

3.8.1 DCLG guidance (para 54) explains an inclusive approach to consulting on project proposals is needed.

3.8.2 Highways England recognised the importance of local knowledge and representation from the community early in the pre-application process. A specific M20 junction 10a community steering group was set up (see Table 3-7) with invited community representatives, advised by ABC, from across the local area for which the Scheme is within.

3.8.3 Commencing in October 2014 and still an active programme of engagement meetings are attended by a range of councillors, officers and representatives to include: Highways England, ABC, KCC, Willesborough Community Forum, Residents, Mersham and Sevington Parish Council representative, Parish Council, South Willesborough Community Group.

3.8.4 The purpose of the meetings was to mitigate concerns and provide an update on the Schemes process. The face-to-face meetings sought to facilitate collaboration, helping to highlight early stage concerns and to showcase general Scheme layouts and arrangements. Comments received were incorporated into design (see Table 3-8). Table 3-7 provides a summary of all meetings undertaken with Highways England in attendance.

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Table 3-7 Summary of M20 junction 10a Community Steering Group engagement Date Stakeholder Meeting Summary Outcome Introduction of group and Terms of Reference. M20 Community Discussions on road access, 08-Oct-14 Stakeholder funding, resident’s petition, noise, Group construction impacts, public access and emergency access. Introducing the communication plan, Agreement that any main timeline and key messages. public consultation event Discussions on equality and should be hosted at Amos M20 Community diversity, stakeholder groups, Hall, Ashford Cattle Market. 10-Dec-14 Stakeholder statement of community List of key points to be Group consultation and Planning discussed in more detail during Inspectorate. the early stages of Scheme Review and answers for previously design. raised issues.

Review of issues and an update on M20 Community progress, the draft SOCC and the 18-Feb-15 Stakeholder arrangements for a programme of Group consultation.

Community representative engagement

3.9.1 Engagement with the Kent community liaison officer for Ashford took the form of two face-to-face meetings in 2015. Advice was provided about hard to reach groups and the local community channels in use. A second meeting advised Highways England of the Kent Association of Local Councils and the Kent Invicta Chambers of Commerce all of which were incorporated into the stakeholder database.

Conclusion

3.10.1 The non-statutory engagement with statutory consultees and non-statutory stakeholders undertaken by Highways England in advance of (and partly overlapping with) the formal consultation has facilitated and influenced the development of the Scheme during the pre-application process, through face-to- face engagement as well as other methods.

3.10.2 The different groups have each brought an element of variation to the Scheme. Responses influenced early proposals and approaches, including decisions on design to incorporate Public Rights of Way, questions for design to incorporate a build issues log, Red Line Boundary land requirements, signing strategy, environmental mitigation and prevention measures and assisted in facilitating wider Scheme meetings.

3.10.3 Engagement with non-statutory stakeholders assisted in raising concerns over local road usage, junction issues and the delivery of the community consultation.

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Table 3-8 Summary of key Scheme influences

Area of Scheme Engagement influence Public Rights of Way Incorporation of PRoW changes into the Scheme. Early engagement in (PRoW) particular with KCC meant the incorporation of the changes. Incorporation of signage changes as discussed and requested by KCC. William Signage changes Harvey Hospital additionally provided comment on road signing. Both environmental and design land requirements were influenced by Land requirements discussions with ABC and environmental bodies. Water environment and Flood risk assessment agreed and incorporated in the environmental measures flood risk from meeting with the Environment Agency. Both statutory and non-statutory consultees and stakeholders advised on best Section 47 consultation practice for the Section 47 consultation. These were taken into account by Highways England.

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4 Statutory Consultation Methodology

Introduction

4.1.1 Highways England’s statutory consultation under Sections 42, 47 and 48 of the Act followed on from an extensive period of non-statutory engagement with both statutory consultees and non-statutory stakeholders. This period enabled Highways England to reach a preliminary design for the Scheme which was sufficiently detailed to proceed with formal consultation.

4.1.2 This chapter sets out the approach undertaken by Highways England to statutory pre-application consultation and the guidance adhered to. The chapter provides an overview of Highways England’s aims for the consultations and the approach taken to support pre-application guidance.

4.1.3 Elements of the Scheme such as the precise Scheme boundary, junction 10 and local access routes were at the time either work in progress areas or elements with known constraints. Highways England was keen to understand the potential impacts of the proposals and have regard to responses.

Legal Requirements

4.2.1 The Planning Act 2008 (the Act) provides 4 relevant provisions of the Act, Sections 42, 46, 47 and 48, that are required when planning towards and carrying out consultation. Highways England as the applicant is responsible for consulting with the relevant parties. In addition, the Act imposes a number of other statutory requirements which must be followed. Table 4-1 provides a brief summary of where the relevant sections of the Act are addressed in the following chapters.

Table 4-1 Consultation report planning act chapters Section Additional reading S.42 Chapters 7 and 9 S.46 Chapter 7 S.47 Chapter 6 S.48 Chapters 8 and 9 S.49 Chapters 6,7,8,9 and 11

4.2.2 The applicant has a statutory obligation to have regard under Section 50 of the Act to guidance issued by the Secretary of State. To assist applicants PINs and the DCLG have published advice and guidance notes.

4.2.3 Highways England has undertaken the pre-application consultation in accordance with the advice and guidance as set out in Chapter 11.

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 Advice note 6: Preparation and submission of application documents.  Advice note 14: Compiling the consultation report.

4.2.5 The DCLG publish guidance on ‘Planning Act 2008: Guidance on the pre- application process’, March 2015. The guidance sets outs the requirements and procedures for NSIP schemes and the responsibilities of the applicant.

4.2.6 Highways England has had due regard to the DCLG guidance.

Consultation requirements and approach

4.3.1 A consultation report is required to be submitted with the DCO application under Section 37 of the Act. The report includes details of early non-statutory engagement, the formal statutory consultation undertaken, comments received from consultation, Highways England’s response to issues and comments received and how the Scheme has been influenced.

4.3.2 The report takes into consideration the DCLG guidance on the report structure and responding to consultees.

4.3.3 Highways England were keen to present a number of messages during the consultation with the community under Section 47. These included: a) Making the network safer and reliable, to include: 40mph speed limits for parts of the Scheme, clearer signage and modern materials. b) Investment in the South East road network. c) Sustainability, mitigation and enhancements to the environment. d) Increase the road network capacity and support residential and employment development in the immediate vicinity of the Scheme. e) Benefits to the community by making the right decisions today.

4.3.4 The non-statutory engagement had identified a number of issues for the Scheme, such as the distance between junction 10 and junction 10a, Barrey Road junction and Kingsford Street.

4.3.5 Highways England produced a consultation brochure and questionnaire to focus the Section 47 community consultation on specific design areas and related features, and to provide a feedback mechanism on those features of the design which would impact on the community (see Chapter 6). This approach facilitated feedback from the immediate and wider community who either had in- depth knowledge of the local area or utilised the area as a route option.

4.3.6 The PEIR executive summary supported the community and statutory consultees in understanding the environmental issues. In addition the full PEIR, published in October 2015, supported the statutory consultations, assisting consultees in responding within their area of technical expertise. It also allowed the general public and other non-technical groups to comment should they wish to.

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Figure 4-1 Illustration of Highways England’s pre-application process and future Scheme programme

Having regard to consultation responses

4.4.1 Highways England instigated a workshop methodology bringing together the Schemes specialists (many of whom had attended the public consultation events) to review the headline issues from the consultations in accordance with Section 49 of the Act. On the 1 and 18 March 2016 specialists from environment, traffic modelling, design and project management reviewed responses from the Section 42, 47 and 48 consultations.

4.4.2 Highways England implemented a number of useful tools for the consultation team to assist in recording information provided outside of the formal consultation materials. For example, conversation records to document non- written responses and feedback were created and utilised in the follow-up workshops.

4.4.3 Responses from the second consultation period (31 March – 5 May 2016) were reviewed in collaborative progress meetings. New issues were discussed specifically with the specialists from design and environment.

4.4.4 Appendix D sets out the responses received and demonstrates the regard taken to comments received.

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Environmental Impact Assessment requirements

4.5.1 An Environmental Impact Assessment (EIA) has been carried out in respect of the Scheme and is presented in the Environmental Statement accompanying the DCO application. The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 set out various requirements to be undertaken as part of pre-application consultation compliance. PINs advice note 7 relates to the screening and scoping under the EIA Regulations. See Chapter 11 of this Report for compliance with the EIA Regulations.

Conclusion

4.6.1 The Planning Act 2008 sets out certain requirements which all NSIPs must comply with for the pre-application consultation stage. Guidance and advice notes provide clear direction and assisted Highways England in planning its pre- application consultation.

4.6.2 Chapters 6, 7, 8 and 9 provide an overview of the statutory consultations undertaken. Chapter 11 provides details of how Highways England complied with:  The Act.  The APFP Regulations.  The EIA Regulations.  DCLG and other relevant guidance

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5 Statement of Community Consultation

Statement of Community Consultation (SOCC)

5.1.1 As part of the pre-application process and to meet the requirements set out by the Act a SOCC is required under Section 47(1). The purpose of the SOCC is to:  Inform the community how they will be consulted about the proposed Scheme.  Explain the approach the applicant will take to consultation.  Communicate relevant consultation timescales including deadlines and advise of all feedback channels.

5.1.2 In advance of the SOCC preparation the applicant must first consult, under Section 47(2), with the relevant local authorities identified within Section 43(1) about the content of the SOCC. A minimum period of 28 days is required for the local authorities to respond to the draft SOCC. Under Section 47(5) the applicant must have regard to any response to consultation on the statement that is received within the specified period.

5.1.3 Regulation 10 of the EIA Regulations requires that the SOCC must state whether the proposed development is EIA development and, if it is, how the applicant intends to publicise and consult on the PEIR.

5.1.4 Section 47(6) requires the applicant to publish details of where the SOCC can be obtained. Highways England complied with this requirement as set out in Section 5.2 below.

5.1.5 This section explains the formal consultation undertaken by Highways England in drafting the SOCC and how Highways England had regard to the views and comments provided by the local authorities in the preparation of the final SOCC.

Preparation of SOCC

5.1.6 Highways England initially sought guidance from the relevant PINs and DCLG guidance on the compilation of the statement.

5.1.7 As required under Regulation 10 of the EIA Regulations Highways England confirmed in the SOCC that the Project was EIA development. The SOCC publicised the availability of the environmental information in the form of a Preliminary Environmental Information Report (PEIR).

5.1.8 The DCLG guidance (para 57) provides advice on how the SOCC should be presented incorporating dates of events, deposit site details and the availability of the SOCC online.

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5.1.9 Highways England has had regard to the DCLG guidance in relation to consultation with local authorities on the SOCC. Table 5-1 provides information on the draft SOCC response from the local authority and how Highways England responded.

SOCC Consultation

5.1.10 Highways England notified the persons responsible at the relevant local authorities of the draft SOCC. Electronic copies of the draft SOCC and notification letter were emailed. Consultees were advised to respond by 23 November 2015; 28 days later.

5.1.11 Two local authorities were invited to comment on the SOCC. Highways England received 1 reply on 23 November 2015, from Ashford Borough Council. The local authorities invited to comment were:  Kent County Council.  Ashford Borough Council.

5.1.12 The following Table 5-1 sets the key issues raised by the responding local authority. Table 5-1 Local Authority response to SOCC and Highways England’s response

Local authority comments Highways England response Ashford Borough Council

1) Request to extend the consultation to 9 weeks. 1) Request accepted. 2) Proposed objectives to include the economic 2) Economic benefits included. benefits. 3) Request to identify the area consultation will be 3) Areas of consultation included and additional covering and how the community will be informed. wording provided under the ‘How can I find out more’ section to include our written communication activities and channels. 4) Request that direct distribution includes homes, 4) Request accepted and covered in the door-to-door businesses and local groups. distribution area. 5) Consultation includes those significantly affected 5) Request noted and stakeholder database updated by proposals to include urban areas of Ashford, to include the additional parishes where required. The Parishes of Mersham, Sevington, Wye and Hinxhill. local community officer will also be notified. Urban areas of Ashford will be covered by the newspaper advertising notices. 6) Consultation explains the DCO process, how 6) SOCC includes explanation on the DCO process people can get involved and provide advance and directs the reader to the PINs site. The SOCC lists notice of the consultation event. the consultation advertisement timetable. 7) Consultation to include nearby parish councils of 7) Additional parishes noted and included in Wye, Brabourne, Smeeth and Kingsnorth. stakeholder database. 8) Community and amenity groups included – list 8) Community and amenity groups included in provided. stakeholder database. 9) The Sevington applicant for 14/00906/AS 9) Friends Life Ltd included in database. (Friends Life Ltd) should be advised. 10) Meeting with the following groups should take 10) Meetings will be taking place during the 9 week place: local residents, businesses and groups, consultation process. Liaison with relevant co- junction 10a Stakeholder Group and members of ordinators is on-going. Ashford Borough Council. 11) Updates provided to , Ashford 11) Contacts included in media plan. Advertising is Herald and local radio. present in both publications.

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12) Consider the use of council notice boards and 12) Liaison with the ABC media team will pick up all publications. forms of communicating the consultation. Images and copy will be provided. 13) Advise in the SOCC the differences between 13) Additional advice provided in the SOCC. the 2008 proposals. 14) Extend evening times of exhibition to 21:00. 14) No extension on hours due to team coverage, adequate total hours during the days provided and evidence from other schemes on late evening attendance showed low to nil attendance. 15) Staff the consultation with informed members. 15) Consultation will be staffed by informed members of the project team. 16) Include Costcutter - Willesborough and Tesco 16) Due to Christmas trading Costcutter and Tesco Crooksfoot as viewing places. advised to contact them after the New Year.

Statement of community consultation programme of consultation

5.2.1 Following the revision of the draft SOCC to address Ashford Borough Council's comments, Highways England published the updated SOCC on its scheme webpage on 29 December 2015. The notification of where to access the SOCC was contained within half page advertisements placed in local newspapers in accordance with Section 47(6)(a) of the Act. See Figure 5-1 SOCC and Figure 5-2 Consultation advert.

Figure 5-1 SOCC (see Appendix A.1 for the full version)

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Figure 5-2 Section 47 consultation advert to include SOCC notice (see Appendix A.3 for full version)

5.2.2 Adverts containing the SOCC notification and where to access the document were placed in 5 local papers (listed below) in excess of the requirements in Section 47(6)(a) of the Act. Additionally, as part of the Section 47 awareness programme the SOCC was:  Incorporated in the Section 47 community letter (see Appendix A.2.5), which contained a reference to the SOCC and how to access the statement.  The SOCC was available to view as a hardcopy at 9 deposit sites from 14 January to 17 March 2016.  The SOCC was available to view at all Section 47 public exhibitions.

5.2.3 Although under Section 47(6) of the Act the SOCC notification is only required to be published in a single newspaper within the Scheme vicinity, Highways England decided to advertise in local publications across Kent. The following publications advertised the SOCC notification on 31 December 2015 and 7 January 2016 (see Appendix A.3.5):  Ashford Herald (31,000 run).  Herald.  Express.  Kent Express (16,412 run).  Folkestone & Hythe Express (3,025 run).

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6 Consultation with Local Communities (Section 47)

Introduction

6.1.1 This chapter sets out the activities carried out under Section 47 of the Act (duty to consult local communities) by Highways England. It sets out details of the responses received and how those responses have been taken into account in accordance with DCLG guidance and Section 49 of the Act. A SOCC compliance table is provided in Chapter 11 (Table 11-2). This goes through each commitment made in the SOCC and explains how it was fulfilled.

6.1.2 Following the close of the consultation Highways England, as the applicant, has a duty under Section 49 to have regard to any relevant responses received from those persons consulted under Section 47.

6.1.3 The community, in respect of this Scheme, reached wider than the south of Ashford and took consideration of the users on the wider M20 road network.

6.1.4 Highways England understands that schemes have many subject matters and as such informed members of the project team dealt with all face-to-face and other channels of communication. As stated in the SOCC, Highways England were happy to be invited to community events.

6.1.5 Highways England had regard to all responses received. Section 6.5 provides a high level overview of responses and the influence of those responses on the Scheme. Full details of the responses received to the Section 47 consultation can be found in appendix D.1.

6.1.6 A number of additional consultees labelled as ‘non-statutory consultees’ which are not statutory under the Planning Act (see Appendix C.2) were also sent consultation documentation by Highways England. Their responses are addressed in this chapter and Appendix D.1 (table D1-3). Section 6.5.84 provides a summary of the main themes and Highways England response

6.1.7 A range of consultation materials were created in support of the Section 47 consultation see Appendix B.1.

Consultation programme

6.2.1 This section explains the timescales and tools used for the community consultation and the approach to the events and channels used to raise awareness of the consultation.

6.2.2 Highways England has had regard to the DCLG guidance in relation to the Section 47 consultation. Paragraph 54 of the guidance states that applicants should use a range of methods and techniques to ensure the local communities

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can access information. What is being consulted on must clearly be set out (para 55). Consultation should take place at a sufficiently early stage to influence the proposals (para 68).

Consultation period

6.2.3 Highways England ran its Section 47 consultation for a period of 9 weeks, from 14 January to 17 March 2016. A number of factors influenced Highways England’s decision to run a 9 week consultation. The time period was deemed appropriate when Highways England considered the closeness to the end of the 2015/16 Christmas and New Year seasonal period, provision of a sufficient period of time to accommodate and fulfil requests from the community for participation at community planned events, and to accommodate the Local Authority (ABC) planning committee schedule.

6.2.4 All consultation materials advised of the closing date and time for responses as 23:59 on 17 March 2016 in order for responses to be taken into consideration.

Consultation materials

Consultation brochure and questionnaire

6.2.5 A consultation brochure and questionnaire was produced. The combined document was designed to capture comments and feedback on the proposals once the consultee had viewed the brochure section. To further embed this approach the questions on the Scheme made reference to the brochure. The 16-page full colour document provided the following information:  Who Highways England are and a brief summary of the Schemes history.  About the consultation and how the community can obtain further information about the NSIP planning process.  The proposed Scheme and its objectives.  Features of the proposed Scheme, describing the 3 core areas.  Channels to get in touch and how to respond to the consultation.  Exhibition locations and dates.  Public viewing places to obtain the consultation documentation.  Consultation questionnaire.

6.2.6 The consultation and questionnaire brochure (included in Appendix B.1.1) was available in hard copy, as a download and also contained a quick response code for easy mobile access. The brochure was sent to all 9 deposit sites, was available at all events and upon request.

6.2.7 The 8-page consultation questionnaire was designed in 5 question sections. The questionnaire sought to capture feedback on the Scheme, Highway England’s consultation process and prior Scheme consultation. The full questionnaire covered the following topics:

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 Section A; About the Scheme – Scheme objectives, the 3 core Scheme design areas and related feature, Scheme impact on various groups.  Section B; About the consultation – awareness and previous consultation.  Section C; How you travel – type and time of travel.  Section D; General feedback – on the Scheme.  Section E; About you – age and gender.

6.2.8 Section A, about the Scheme, questions contained reference to specific areas of the brochure which listed the Scheme objectives and design features. Consultees were encouraged to read these before answering the question.

6.2.9 Consultees could complete the questionnaire by 5 methods:  Online via ‘Survey Monkey’. A link from the Scheme homepage was available throughout the consultation. No part of the questionnaire was altered for the online version. Consultees could revisit their questionnaire multiple times to complete.  At the main exhibition. Consultees had a designated area available where they could complete the questionnaire and hand it in, in a deposit box.  Electronic copy, via scanning a hardcopy or editing the PDF on the download and emailing it to Highways England as an attachment.  Postal response.  Other events. Consultees could hand in questionnaires at all other events.

6.2.10 The community had the opportunity to write additional comments in free text boxes in sections A, B and D of the questionnaire. The general comments boxes at the end of questions; A1, A2, A3, A4, A6, B4 and D4 facilitated those who had specific comments and questions.

6.2.11 Survey Monkey was further used to upload all hard copies received. Hard copies uploaded on to Survey Monkey were done so via a separate link for tracking purposes. This facilitated a combined set of results (see Section 6.5).

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Figure 6-1 Screenshot of Survey Monkey consultation questionnaire

Additional consultation materials

6.2.12 To assist consultees unable to attend an event additional materials were produced. All, except traffic modelling, were available as hard copies or via the Scheme web page. The following is a list of materials created:  A suite of display boards. Twelve boards were designed to inform and visually show the community illustrations of the Scheme. The boards were themed on 4 areas: consultation and Highways England; the Scheme proposal, design and features; environmental information; and construction (see Appendix B.1.2).  A Preliminary Environmental Information Report - Executive Summary was created as a non-technical precis to the full PEIR (See Appendix B.1.3).  A Traffic modelling presentation was created to visually show the traffic flows. An animation ‘with’ the Scheme and ‘without’ the Scheme provided the consultee with a view of traffic flows. This also assisted in awareness of the location of the Scheme (see Appendix B.1.4).  A consultation information sheet was created as a 1 page easy hand out. A copy of this was enclosed with each Section 47 consultation letter (see Appendix B.1.5).  A Preliminary Environmental Information Report (October 2015) was available to view online and at the hard copy deposit locations during the Section 47 consultation period. The Section 47 consultation letters informed consultees of where the PEIR could be viewed. As stated in the

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SOCC the Scheme requires an Environmental Impact Assessment (EIA) and the PEIR presented the preliminary environmental information (see Appendix B.1.6).

Consultation channels

6.2.13 Four communication channels were live during the consultation period (as detailed in the SOCC) to allow the community to contact Highways England. The following channels were set up:  Scheme web pages: o Highways England: www.highways.gov.uk/m20j10a o Government page https://www.gov.uk/government/consultations/m20- junction-10a-improvement-scheme  Customer call number: 0300 0123 5000. Highways England operates a specific customer relationship management system called HAIL (Highways Agency Information Line). The system is specifically designed to address calls from the public by logging and assigning actions. All actions have a specific time period in which they must be completed.  Postal address: M20 junction 10a, Highways England, Bridge House, 1 Walnut Tree Close, Guildford, GU1 4LZ.  Email: [email protected]

Events

6.2.14 Highways England decided to hold a main public exhibition across 3 days and 2 one-day events. The main public exhibition ran from 21 to 23 January 2015 at The New Ashford Market. The morning of the first day of the event was specifically used to hold a media launch to raise awareness. The event enabled attendees to view the proposals, ask technical questions to the project team, take pictures and raise awareness within their own channels of the consultation.

6.2.15 Two one-day events at retail sites (ASDA and Ashford Designer Outlet) on 3 and 10 February acted as smaller local based events. Venues were chosen for location, ease of public access and range of community groups utilising the sites.

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Photo 6-1 Public exhibition at New Ashford Market

Photo 6-2 Public exhibition at New Ashford Market

6.2.16 To accommodate working and non-working community members 2 weekdays and 1 weekend day were chosen. Events on the 21 and 22 of January opening hours ran until 20:00 in the evening. During the one-day events guidance was sought from the retailers on peak visitor hours, both advised the lunch time period between 11:00 to 15:00. To enable correct and relevant responses all events were manned by members of the project team (see Appendix B.2.3).

6.2.17 All events were carried out as detailed in the SOCC.

Raising awareness of the consultation

6.3.1 To make certain those living in the Scheme vicinity and wider community areas were aware of the consultation and knew how to access further information

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about the consultation, including materials and response channels, Highways England organised a media programme in advance of the Section 47 consultation in addition to the media launch on 21 January 2016. Key local channels, regional media, local advertising, door-to-door letter distribution, local community channels and Highways England’s digital channels were combined in a planned time-line of activities and in accordance with the SOCC. Table 6-1 summarises the publicity undertaken to promote the consultation.

Table 6-1 Section 47 consultation awareness activities time-line Date Description Channel Readership Highways England 6 January Media release – Highways England to digital channels,

2016 launch public consultation. gov.uk, local radio and media outlets. Advertising – Four half page (17 x 8) 1. Kentish Express newspaper adverts and online advertising series. 1. 16,412 covering Ashford and the wider Kent area. 2. Folkestone & 2. 3,025 December One advert ran in all 5 papers twice over a Hythe Express. 3. 31,000 2015 to period of 2 weeks. Kentish Express, 3. Ashford Herald. 4. 3,000 est January 2016 Folkestone & Hythe, Ashford Herald, 4. Folkestone 5. 3,000 est Folkestone Herald and Dover Express ran Herald. on 31 December 2015 and 7 January 2016. 5. Dover Express. See Appendix A.3.5 for copies of adverts. Community letter drop – 17,462 community December letters distributed between 31/12/15 to 2015 to Postal 17,462 07/01/16.See Appendix A.2.5 for a copy of January 2016 the Community Consultation letter. Period 14/01/16 to 17/03/16. Highways England Scheme webpage 13/14 January Unique Page http://www.highways.gov.uk/roads/road- Digital 2016 Views: 2,053 projects/m20-junction-10a/ Page Views: 2,523 Period 14/01/16 Gov.uk webpage to 17/03/16. 13/14 January https://www.gov.uk/government/consultatio Unique Page Digital 2016 ns/m20-junction-10a-improvement-scheme Views: 1,519 Page Views: 1,989 Root to Branch - Ashford Borough Council 440 staff and January 2016 Email magazine. council members Ashford Borough council digital feeds: Breaking news section which contains Highways England’s release (this appeared on Ashford Borough Council’s Twitter feed and Facebook page): http://www.ashford.gov.uk/news/public- consultation-to-launch-on-m20-junction- 10a-proposals-7th-jan-1266/ January 2016 Digital 400+ Ashford Borough Council strategic Projects page and updated to include the consultation details and a link to a new page (below). http://www.ashford.gov.uk/strategic- projects Ashford Borough Council NSIP page about the consultation itself that links through to

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our existing NSIP page that our planning team had already created. http://www.ashford.gov.uk/m20-j10a- consultation Ashford Borough Council home page of website, carousel linked banner to the consultation page. Ashford Voice – community magazine. January 2016 Kent County Council Website. Digital 100+ January 2016 Radio. Radio 1000+ Ashford Herald– website advert running 173 click through January 2016 from 14/01/16 to 27/01/16, linked to Digital rate / 60,000 Scheme page. impressions.

6.3.2 The media event was attended by radio, newspaper, television and the local authority communication team. Interviews, quotes, facts about the Scheme and pictures were taken. A total of 3 media representatives attended:  Kent Messenger.  BBC Radio Kent.  ITV Meridian.

Photo 6-3 Public exhibition media event at the New Ashford Market image

6.3.3 The press release and Highways England Scheme website facilitated information being posted on local community sites and in news bulletins (see Appendix B.2.2 for evidence of additional digital coverage throughout the Section 47 consultation).

6.3.4 The project team contacted the Kent Community Officer representing Ashford specifically to confirm if any additional requirements were needed. No further requirements were asked for and the Community Officer confirmed the information in circulation had been used.

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6.3.5 Local and regional papers were chosen to reach people in and around Ashford and across the wider regional areas. The papers covered are published in the following areas:  The Ashford Herald is the main local paper and covers the whole of Ashford with a readership of 31,000 accounting for 17% of the population.  The Kentish Express Series (4 publications) covers Ashford, Folkestone, Hythe and the Romney Marsh, and .  The Folkestone and Hythe edition covers Folkestone and Hythe.  The Folkestone Herald and Dover Express provided coverage in Canterbury, Hythe and .  All papers were selected in co-ordination with Ashford’s Communication team.

6.3.6 A door-to-door community letter drop was sent to some 17,462 addresses in the ‘TN’ area postcode. Prior co-ordination with ABC communication and electoral service teams assisted in the identification of the district sub-areas. A copy of this letter is included in Appendix A.2.5

6.3.7 The stakeholder database developed during the non-statutory engagement period was used to send some 70 letters to councillors, community groups, transport and local business groups, developers and wider Local Authority contacts to raise awareness of the consultation. A copy of this letter is included in Appendix A.2.7

6.3.8 A link to the Scheme webpage was placed on both ABC and KCC websites.

Figure 6-2 Screen shot of Ashford Borough Council website 14 January 2016

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6.3.9 The Scheme website provided a link to the consultation questionnaire and a list of all consultation materials as detailed in para 6.2.12. Information on the website went live between the 13 and 14 January 2016. Two documents were delayed in upload: the information sheet was uploaded on 15 January 2016 due to upload issues while the traffic modelling animation was uploaded on 19 January 2016 due to delayed modelling. A total of 2,053 unique visitors were recorded on the site during the consultation.

Figure 6-3 Screen shot of Highways England Scheme page

6.3.10 A M20 junction 10a gov.uk consultation page was created and launched on 14 January 2016. All information except the traffic modelling animation (published on 19/01/16) was also published on this page. A total of 1,519 unique visitors were recorded on the site during the consultation period.

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Figure 6-4 Screen shot of gov.uk webpage

Dealing with consultation results

6.4.1 Hard copy consultation questionnaires were collected in during events, via the post and through invited community events. Electronic questionnaires were acknowledged when completed and recorded within the overall results section. A separate access link to the master electronic questionnaire allowed for the hard copy questionnaires to be uploaded and recorded as a manual upload. The electronic questionnaire mirrored the design of the hard copy questionnaire. Any additional comments attached or written to Highways England were recorded in section D4 – further comments.

6.4.2 Written and phoned in queries and responses were recorded in a ‘Consultation log’. Emails which contained the attached questionnaire followed the manual upload process as referenced above. Of the 49 received responses:  15 came through the Highways England 0300 123 500 line. Made up of: 1 local network issue, 1 media enquiry, 7 information requests, 3 consultation comments and 3 general queries.  19 postal responses were received of which 18 were from people and 1 from a business.  15 emails were received of which 7 were comments on consultation, 6 information requests and 2 Section 42 responses.

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6.4.3 All responses received during the consultation period were read and filtered into a further document ‘Consultation action log’. The log formed the basis for 2 workshops to review responses by discipline and Scheme design area.

6.4.4 The Scheme design areas mimic those in the questionnaire and brochure. Responses not applicable to the 3 core design areas were placed in the ‘other’ section.

6.4.5 The workshops took place on 1 and 18 March 2016. Representatives from the following disciplines attended: environment, design, traffic modelling, safety, project team, legal and communications. The workshops acted to facilitate discussions on responses in a systematic and discipline based format and agree next step actions.

6.4.6 Outcomes from the workshop sessions form the core basis for Highways England’s response to the consultation results.

Results of consultation

6.5.1 This section provides an overview of the Section 47 consultation response results, key issues raised by consultees and how the Scheme has been influenced and amended.

6.5.2 Statistical results are presented from the questionnaire compiled from the combined electronic and manually uploaded results (of which a total of 211 were received). Results specifically where a tick box answer was required and completed by the consultee are rounded up or down to the nearest percentage.

6.5.3 A summary of issues has been compiled from written responses and conversation records at events (of which Highways England met with over 650 people). The majority of written responses have come from the questionnaire within the free text general comment areas.

6.5.4 Responses from the Section 47 consultation are set out in this section to reflect the sequence of the questionnaire.

6.5.5 Appendix D.1 provides a full schedule of responses received from Section 47 consultees and Highways England’s responses to these. Columns record the following:  Overview of discipline area response has been categorised in: o Headline topic. o Summary of response.  A ‘Y’ for yes or ‘N’ for no stating if the response resulted in a change to the Scheme.  A supporting summary of Highways England’s response.

6.5.6 Responses in the summary tables are organised in the following discipline headings with related Highways England responses:

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 Scheme objectives.  Design.  Environment  Traffic modelling  Road Network  Stour Park development

Geographical spread of questionnaire responses

6.5.7 A total of 205 responses included a postcode. 151 or 74% of consultees lived within the immediate vicinity (TN23, TN24, TN26 and TN26). Illustration 6-1 shows the breakdown of responses received by postcode area.

Illustration 6-1 Responses received by postcode

6.5.8 Illustration 6-2 shows the responses received within the Ashford, Kent and wider boundaries. Please note those postcodes to the north of Ashford bordering the Ashford area are included in the Ashford response table.

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Illustration 6-2 Responses received by map boundary

Section 47 key issues raised and Highways England responses

The Scheme

6.5.9 Section A of the questionnaire asked respondents their views on the Scheme. The section was organised into 5 questions. A summary of headline themes and Highways England’s response has been broken down into the 5 question areas: a) Question A1 – Scheme objectives. b) Question A2 - A2070 link road and roundabout. c) Question A3 – junction 10a gyratory. d) Question A4 – junction 10. e) Question A5 – impact on groups.

a) Question A1

6.5.10 Question A1 asked respondents to what degree do they believe the Scheme design has achieved the Scheme objectives. 46% of the 207 consultees who completed the question either agreed or strongly agreed with the Scheme. (See Table 6-2 for full results).

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Table 6-2 Responses to question A1 Answer Choices Responses Total Strongly agree 12% 25 Agree 34% 70 Neutral 12% 25 Disagree 21% 43 Strongly disagree 21% 44 Total 100% 207 Comments 114

6.5.11 Many comments received for question A1 related to other questions. For the purpose of evaluating the responses the outcomes of the responses are recorded within the appropriate design area question results.

6.5.12 Respondents were encouraged to make additional written comments. A small number commented they did not agree that the Scheme offered a new route into Ashford or that the Scheme was needed to facilitate expansion in Ashford.

6.5.13 A small number expressed concern over journey time reliability and that the statement was not correct for westbound Dover and Folkestone journeys.

6.5.14 Highways England’s response:  Through providing additional capacity at junction 10a with the new link road, local traffic will be separated more from the strategic traffic which will deliver greater journey time reliability on the strategic and local route network around Ashford than would otherwise have been the case. The Scheme will not however, impact greatly on journey time reliability for through traffic on the M20.

b) Question A2

6.5.15 Question A2 asked the local community to review the design features of the new dual carriageway link road and roundabout to the existing A2070 (as described on page 4 of the consultation brochure) and to what extent they agreed the important issues had been captured. A visual image was provided with the brochure and on the display boards along with 5 listed key features.

6.5.16 32% (65 respondents) agreed the important issues had been captured in the design. Table 6-3 shows the number of responses to each tick box options. Table 6-3 Reponses to question A2 Answer Choices Responses Total Strongly agree 10% 20 Agree 32% 65 Neutral 17% 36 Disagree 21% 44 Strongly disagree 20% 41 Total 100% 206 Comments 114

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6.5.17 Comments received to question A2 were highly concerned with a junction off the present A2070 named Barrey Road. Other comments concerned access, speed and questions regarding a medieval church within the vicinity (St Marys Church). The following are the main issues raised.

6.5.18 Barrey Road, a junction off the exiting A2070, received the highest proportion of concerns for question A2 and throughout the whole consultation. The majority expressed safety and usability concerns in addition to concerns of existing and future development, junction capacity, the left turn out onto the A2070 and right turn in across the A2070 and confidence of users in making these manoeuvres. A high proportion of respondents came from business units and residents within the direct vicinity. Respondents felt strongly the Scheme features did not address these concerns.

6.5.19 A2070 road speed concerns. A small number commented on issues of speeding on the A2070. A local resident also commented on youth speeding on the road.

6.5.20 Impact of the Scheme on Sevington Church (for the purpose of the report Sevington Church will be referred to as ‘St Marys Church’). Respondents questioned if an increase of Heavy Goods Vehicles (HGVs) on the A2070 would affect the church structure.

6.5.21 Access to William Harvey Hospital concerns. A number of respondents raised concerns over emergency access and journey time reliability to the hospital.

6.5.22 Bridleway along new link road. Comments received enquired if a bridleway could be included.

6.5.23 Highways England’s response:  Since the completion of the consultation, Highways England has taken immediate action to address the issues raised over Barrey Road. A separate junction improvement scheme run by the local area team (Area 4) will investigate a programme of works to improve the junction in co- operation with the business and local community representatives. Any works will be implemented prior to the Scheme being delivered. The M20 junction 10a project team have advised all concerned of this approach, including Kent Police Planning Traffic Management.  The improvements to Barrey Road that form part of the Scheme will improve the junction by reducing speed on the A2070 from 70mph to 40mph. The new A2070 roundabout will improve usability by reducing the distance of travel to travel westbound on the A2070.  Concerns raised over speeding on the A2070 have been passed to the appropriate agencies responsible in the area for monitoring speed. The Scheme will improve this issue by reducing the speed from 70mph to 40mph.

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 HGV flows are forecast to increase by a small amount on the A2070 around St Marys Church. These differences will not have a significant impact to the St Marys Church structure.  It is anticipated there will not be any adverse effect on St Marys Church as a result of vibration, cosmetically or structurally, from construction or operation (see ES chapter 11 Noise and Vibration).  Journey time reliability to the William Harvey Hospital will generally be improved as less congestion is forecast to occur at junction 10 in the future with the addition of junction 10a. However, the journey time for those currently travelling to the hospital in an eastbound direction, east of junction 10 will be a little longer (estimated to be less than a half a minute from the traffic model) via the new link road.  Bridleway. No other bridleways are in the immediate vicinity of the Scheme. Accordingly, it would not be appropriate to provide a bridleway unless it was part of a proposed network, and KCC does not have any relevant proposals, and has not requested a bridleway.

c) Question A3

6.5.24 Question A3 asked consultees to review the design features for the M20 junction 10a gyratory and to what extent they agreed Highways England had addressed the important issues within the proposed design.

6.5.25 This question received a wide range of comments. Overall 31% (64 respondents) agreed with the design while 19% (39 respondents) disagreed. Table 6-4 shows the final results received.

Table 6-4 Responses to question A3 Answer Choices Responses Total Strongly agree 9% 19 Agree 31% 64 Neutral 17% 35 Disagree 19% 39 Strongly disagree 24% 49 Total 100% 206 Comments 104

6.5.26 A small number of respondents enquired as to where the Southern Water pumping station, presently located on the west corner of Highfield Lane and Kingsford Street junction, was being relocated.

6.5.27 Kingsford Street footbridge responses raised issues around design and environment. Respondents asked if the footbridge exit onto Kingsford Street could be moved and if the footbridge could not be lit, as it was felt this was an intrusion to the rural area. A small number of respondents enquired as to the length of the Kingsford Street noise barrier and if an extension up to Ramsey Kennels was possible.

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6.5.28 A number of concerns and issues concerning local roads affected by the Scheme were recorded. There were concerns ‘rat-running’ would increase along Highfield Lane and Kingsford Street due to the closure of Highfield Lane Bridge. Additionally a number of respondents raised concerns that traffic along The Street would increase from traffic heading eastbound towards junction 10a from the A2070 east of Ashford.

6.5.29 Junction 10a east off-slip. A small number of residents enquired as to the planting arrangements and if screening will still be in place.

6.5.30 A20 Hythe Road noise and air pollution concerns. A small number of respondents commented on noise concerns and if an acoustic barrier will be provided for residents on the motorway side of the A20. Specific questions were raised from residents of Summerhill Park. Air pollution was referred to by some when referencing noise pollution.

6.5.31 A20 Hythe Road and junction 10a travel issues from respondents raised concerns that those travelling along the A20 Hythe Road would have to use junction 10a to continue on the road, increasing journey time. Comments asked if a bypass round junction 10a could be reviewed.

6.5.32 A20 traffic capacity between junction 10 and junction 10a and HGV management. A high proportion of responses for this question raised concerns over an increase in traffic specifically HGV usage and could this lead to delays on the A20.

6.5.33 Increase of roundabouts in the proposed design. A proportion of the respondents and event attendees commented on the increase usage of 2 additional roundabouts. Issues related to the network becoming more complicated and confusing.

6.5.34 A small number of respondents queried if the westbound off-slip lighting by Kingsford Street added to light pollution.

6.5.35 A20 cycle route. Comments received questioned the provision for cycles on the proposed junction 10a and along the existing A20 towards junction 10.

6.5.36 Highways England‘s response:  The precise location will be a matter for discussion with Southern Water after the DCO is granted, but the Southern Water pumping station is likely to be relocated off the top of the west side of Highfield Lane below the existing layby.  Following a design review the Kingsford Street footbridge (KSF) access ramp, joining Kingsford Street, has been realigned so that users now access at a more southerly point. Lighting on KSF will not be changed. The proposed lighting on the bridge was designed to meet the 2015 Road Safety Audit. A hand rail lighting system has been designed; this is a modern, energy efficient, less intrusive form of lighting compliant with all safety requirements. An environmental review of the noise barrier on

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Kingsford Street has now led to an extension of the barrier to just beyond the Kennels. The revised noise barrier length is now approximately 370m long Kingsford Street (426m in its entirety).  The severance of Highfield Lane from the A20 immediately north of the Highfield Lane / Kingsford Street junction reduces the attractiveness of rat- running as the new link road would offer a more effective alternative. While a route via the A20 through Mersham and Kingsford Street to join with Highfield Lane would still be available, traffic is forecast to recognise the opportunities offered by the new infrastructure. Initially some increase along Highfield Lane could be likely; however, with the proposed alternative access arrangements to serve the proposed development at Stour Park in place, it is projected that this cross-country route will no longer prove attractive when compared with the more effective option offered by the improved main road network.  It is acknowledged by Highways England that The Street could experience some additional traffic in response to the Scheme, with the potential for around an 11% increase in the AM peak hour and average inter-peak hour periods. This is offset to some degree by an expected fall of some 17% across the PM peak hour period. In terms of effects this equates to about 1 extra vehicle every 1.5 minutes during the AM peak hour, every 4.5 minutes during the inter-peak and a reduction of around a vehicle a minute during the PM peak hour.  Highways England has existing provision to provide visual screening on the eastbound junction 10a off-slip. For full details see the Arboriculture report in the ES.  Levels of noise around the proposed junction 10a and A20 are not expected to change overall. Highways England has incorporated an acoustic bund 2m high to the rear of Summerhill Place, adjacent to the M20 junction 10a eastbound off-slip. The bund will, in addition to sound mitigation, provide south facing slopes that will benefit reptiles and dormice. This is due to the greater insolation that the slope faces would receive, and as the conditions would be more favourable for a richer botanical assemblage.  Planting of the 2 A20 bunds will be situated on top of the bunds and will be 2m higher than the existing land. Visually the trees will provide screening as they mature. The trees will be specimen trees starting off at a height of 4.5m.  Highways England reviewed 2 schemes for a junction 10a bypass and the related benefits of both for the A20 where it meets junction 10a. The first a simple ‘Jet Lane’ allowing west to east A20 movements to bypass the roundabout, the second an alternative that sought to present a direct routing option for westbound A20 traffic along the A20 was by means of a second smaller roundabout to the north east of the M20 junction 10a roundabout, to separate out A20 - specific movements. The first option, the ‘Jet Lane’ would only benefit those travelling from west to east and would not therefore solve the issues raised, and only generated slight benefits for eastbound journeys. This option was therefore not taken

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forward. The second option, additional roundabout had some benefit for A20 travellers in both directions but overall did not provide sufficient benefits to take forward in the Scheme design. The new link road offers an alternative route to those currently travelling on the A20 from east to west with an increase in journey time of less than half a minute (as modelled in the future forecast year).  Traffic from the Canterbury Road / A2070 north of junction 10 will be encouraged to use the link road to join the M20 eastbound at the new junction 10a. However, it is acknowledged by Highways England that local traffic will use the A20 in preference if this is perceived as being a quicker route. The traffic numbers are expected to be relatively small; the traffic model forecasts this to be in the order of 5 to 10 vehicles an hour.  The increase in roundabout usage is acknowledged by Highways England. The incorporation of roundabouts in the design allows for a more ‘free flowing’ traffic movement. Fewer delays on the network at peak times improve journey time reliability.  In accordance with the relevant design standards junction 10a gyratory will be lit. The slip roads (to include the westbound off-slip lighting by Kingsford Street) require lighting to industry standard. Highways England recognises the importance of active travel. A designated cycle route through junction 10a, across Kingsford Street Bridge and to Church Road footbridge is already incorporated in the design. However, the link between junction 10 and junction 10a on the A20 requires further discussion with KCC to facilitate a joined up cycleway. Highways England is committed to further discussion during the detailed design phase.

d) Question A4

6.5.37 Question A4 in the Scheme section asks the consultees to what extent they agree the proposed design captures the important issues for junction 10 as described in the consultation brochure on page 5.

6.5.38 Junction 10 is an existing operational junction and many responses discussed present day issues with the junction.

6.5.39 As seen in Table 6-5 30% of respondents agreed the important design features had been captured. 22% disagreed. Table 6-5 Responses to question A4 Answer Choices Responses Total Strongly agree 9% 18 Agree 30% 60 Neutral 18% 36 Disagree 22% 46 Strongly disagree 21% 42 Total 100% 202 Comments 106

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6.5.40 Junction 10 operational signals. The issue raised most frequently during the consultation related to the existing traffic signals and their operation. Respondents felt the traffic signals worked better when not in operation.

6.5.41 Respondents questioned the design requirement to close the eastbound off slip road on junction 10 and a number of consultees asked if the slip road could be used to access Tesco.

6.5.42 Highways England’s response:  Highways England received a high number of face-to-face comments concerning the existing junction 10 signals. These concerns were further shown in the questionnaire comments and are likely reflected in the high number of respondents who disagreed / strongly disagreed that all the important design features had been captured.  The M20 junction 10a project team took action to advise the local Area 4 team of the issue. A statement by Highways England was released on 11 April 2016 advising of a solution to the issue.  The existing slip roads to the south eastern face of junction 10 cannot remain open as the new slips provided on the northern face of the proposed junction 10a will extend into the merge and diverge tapers of the existing slips. A minimum 2 kilometre weaving length is required between successive merge or diverge slips, where vehicles leaving the mainline carriageway at the diverge have to cross the paths of vehicles that have joined the mainline at the merge.  Highways England has carried out a preliminary design review of the eastbound off slip road at the back of Tesco superstore. An option to utilise the slip way for access purposes is a possible future design option. Highways England is committed to explore the viability of the option with relevant parties at detailed design stage.

e) Question A5

6.5.43 Question A5 asks respondents if the proposals will impact on a selection of 9 groups. A follow-up free text box (question A6) asked respondents for comments related to changes to address issues identified.

6.5.44 Analysis of the results for question A5 showed a high number of consultees adding a comment and not making a selection(s). Results for the fixed answer selections cannot be shown as a percentage as a high number of respondents provided more than 1 selection. Results against each selection are shown as ‘totals’ only.

6.5.45 Many answers referred to the previous questions and as such were reviewed within the specific design area by the project team.

6.5.46 Many concerns over access to the William Harvey Hospital (WHH) were highlighted in question 5.

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Table 6-6 Responses to question A5 Answer choices selected Total Different age groups 53 People with disabilities 56 People who are married or in a civil partnership 26 Pregnant women or nursing mothers 44 People from different ethnic backgrounds 23 People from different religious backgrounds 23 Men or women 32 Transgender people 24 People from lesbian, gay and bisexual groups 24 Total number of selections 305 Total respondents 72 Comments 103

6.5.47 Highways England’s response:  In relation to access to the hospital across junction 10 please refer to para 6.5.23. About the consultation

6.5.48 Section B of the questionnaire asked respondents their views on the consultation. The section was organised into 4 questions. A summary of headline data and Highways England’s response has been broken down into the 4 question areas: a) Question B1 – Consultation notification. b) Question B2 – Consultation materials. c) Question B3 – Information channels. d) Question B4 – Public exhibition. f) Question B1

6.5.49 In question B1 consultees were asked how they found out about the consultation.

6.5.50 Over a third (40%) found out about the consultation from a letter through their door and one-fifth from a newspaper advert. Table 6-7 Responses to Question B1

Answer Choices Responses Total Letter through the door 40% 68 Local newspaper advert 20% 33 Council website or email 5% 8 Local radio 2% 3 Project website pages 7% 11 Poster 1% 2 Local community group 18% 31 Public notice 7% 12 Total respondents: 100% 168

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g) Question B2

6.5.51 Question B2 asked respondents if they found the consultation materials useful in answering their questions.

6.5.52 Of the 202 responses received, 156 (77%) responded with a yes that they found the consultation materials useful.

Table 6-8 Responses to question B2

Answer Choices Responses Total Yes 77% 156 No 22% 44 Not seen any materials 1% 2 Total 100% 202

h) Question B3

6.5.53 In question B3 respondents were asked which communication channels they used to find further information.

6.5.54 Over half (52%) of consultees visited the project webpage to seek further information.

Table 6-9 Responses to Question B3

Answer Choices Responses Total Project website pages 52% 95 Council website pages 16% 30 Local press 29% 54 Meeting 35% 65 Total respondents: 184

i) Question B4

6.5.55 Consultees were asked in question B4 if they found the public exhibitions helpful in addressing questions.

6.5.56 Nearly half (47%) agreed the events had been helpful in answering their questions.

Table 6-10 Responses to Question B4

Answer Choices Responses Total Yes 47% 94 No 23% 46 Did not attend 30% 61 Total respondents: 184 100% 201

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6.5.57 Highways England’s response:  Highways England worked hard to define the local area postcode destinations for a door-to-door letter drop. The response shows the channel worked well in raising awareness of the Section 47 consultation.  In addition the Scheme webpage and materials sent to other digital channels assisted in respondents seeking further information on the Scheme. How you travel

6.5.58 Section C of the questionnaire asked respondents to provide details of how they travel. The section was organised into 5 questions. A summary of headline data and Highways England’s responses has been broken down into the 5 question areas: a) Question C1 – A2070 and junction 10 usage. b) Question C2 – Mode of transport. c) Question C3 – Purpose of travel. d) Question C4 – Frequency of travel. e) Question C5 – Times of travel. j) Question C1

6.5.59 Question C1 asked if the consultee used the A2070 and junction 10.

6.5.60 Nearly all respondents 198 responses (98%) answered yes to this question.

Table 6-11 Responses to Question C1

Answer Choices Responses Total Yes 98% 198 No 1% 3 Unsure 1% 1 Total respondents: 100% 184

k) Question C2 6.5.61 Question C2 was concerned with the mode of transport people use.

6.5.62 Of the 200 responses 196 (98%) advised by car. Only 4 respondents advised of another form of travel. Table 6-12 Response to Question C2

Answer Choices Responses Total Car 98% 196 Bus 1% 1 Cycle 1% 1 Walk 0% 0 HGV 1% 1 LGV 1% 1 Total respondents 100% 200

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l) Question C3

6.5.63 In question C3 respondents were asked to record their purpose of travel.

6.5.64 54% of respondents recorded a personal use of travel, while 35% of responders recorded for work.

Table 6-13 Responses to Question C3

Answer Choices Responses Total Work 35% 67 Personal 54% 106 Leisure 10% 20 Agriculture 1% 1 Total 100% 194

m) Question C4

6.5.65 How frequently respondents use the A2070 and junction 10 was asked in question C4.

6.5.66 A third advised every day and more than 3 times a week.

Table 6-14 Response to Question C4

Answer Choices Responses Total Every day 33% 66 More than 3 times a week 33% 65 Less than 3 times a week 20% 40 Less than once a week 9% 18 Less than 3 times a month 5% 9 Never 1% 1 Total 100% 199

n) Question C5

6.5.67 The final question on travel specifically asked when respondents mostly used the A2070 and junction 10.

6.5.68 57% (112 responses) used the network during off-peak hours while 43% used the network during peak hours.

Table 6-15 Response to Question C5

Answer Choices Responses Total Peak-time 43% 86 Off-peak 57% 112 Total 100% 198

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6.5.69 Highways England’s response:  The results show a high proportion of car drivers who predominately use the network during off-peak hours.  The off-peak usage can be explained by question C3 results which show the highest reason for travel being for personal use.  A combined total of 131 respondents use the A2070 and junction 10 more than 3 times a week showing a good knowledge of the section of road and motorway junction. General feedback

6.5.70 Section D of the questionnaire asked respondents to provide details of previous knowledge of the Schemes consultation in 2008 and record changing views towards the Scheme to the present day. The section was organised into 4 questions. A summary of headline data and Highways England’s response has been broken down into the 4 question areas: a) Question D1 – 2008 consultation. b) Question D2 – Preferred route reaction. c) Question D3 – Current Scheme. d) Question D4 – Further feedback.

o) Question D1

6.5.71 Question D1 asked consultees if they took part in the 2008 consultation.

6.5.72 71% recorded a no, they did not take part.

Table 6-16 Response to Question D1

Answer Choices Responses Total Yes 29% 57 No 71% 140 Total 100% 197

p) Question D2

6.5.73 Following on from question D1, question D2 asked consultees to record their reaction upon hearing about the preferred route.

6.5.74 Strongly oppose recorded 26%, strongly support recorded 16% and neutral recorded a 19% response rate.

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Table 6-17 Reponses to Question D2

Answer Choices Responses Total Strongly support 16% 32 Support 25% 51 Neutral 19% 38 Oppose 9% 18 Strongly oppose 26% 53 Undecided 5% 9 N/A 0% 0 Total 100% 201

q) Question D3

6.5.75 The final question on consultation asked consultees how they feel about the present Scheme.

6.5.76 Results showed a wider split across the answer options with an increase in oppose and strongly oppose.

Table 6-18 Responses to Question D3

Answer Choices Responses Total Strongly support 15.5% 31 Support 26% 51 Neutral 11% 22 Oppose 16.5% 33 Strongly oppose 31% 61 Undecided 0% 0 Total 100% 198

r) Question D4

6.5.77 Question Q4 was a free text box for responders to provide additional comments and views. Appendix D.1 summarises all written responses to the questionnaire free text box to include those recorded responses from question D4.

6.5.78 A large number of comments were concerned with local road changes and questions regarding the economics of the Scheme.

6.5.79 Highways England’s response:  A high proportion of respondents did not participate in the 2008 consultation.  Results from questions D2 and D3 showed little change in community opinion regarding feeling towards the Schemes proposals before and after the consultation.  Comments raised within question 4 were outside of the Schemes scope.

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About you

6.5.80 The final questionnaire section, section E, was concerned with respondents' individual information; age, gender and ethnic origin. The results of the first 2 questions in section E are recorded in Appendix D.1.

6.5.81 The results of the whole of section E are used by Highways England to ensure we meet our diversity guidelines.

Landowners

6.5.82 Highways England received 5 responses from landowners responding to Section 47. Table 6-19 provides a summary of responses received in relation to the questionnaire. The other landowner responses, under Section 42, are dealt with in Chapter 7. Also see Table D1-2 in Appendix D for landowner’s responses to Section 47 and a summary of Highways England response. .

Table 6-19 Section 47 summary of main landowner response

Question Owner Comment summary Issue Number More detailed proposals required to Southern A3 assess impact on Southern Water Scheme Design. Water proposals. More details required as to the location A2 of the footbridge on the corner of the Scheme Design. consultees business. Mr Ramsay Main Concerns: Noise from kids who Scheme Design D4 may gather disturbing 40 odd dogs. See para 6.5.36 for Highways Theft in kennels. England response. Mr Sweatman A4 A20 traffic flow. Traffic Modelling. Traffic. A2 A20 traffic flow. See para 6.5.36 for Highways England response. Scheme Design Mr & Mrs R A3 Kingsford Street acoustic barrier. See para 6.5.36 for Highways Thornby England response. Alternative configuration to London A4 Scheme Design. bound off-slip. Slip road closure concerns and traffic D4 Scheme Design. increase on A20. Extra traffic from the U19 development A2 Scheme Design. account in traffic modelling. Kingsford Street and use Mersham as a Traffic modelling. rat-running concern. Lighting and light Michael-John A3 See para 6.5.36 for Highways pollution on the new 10a slip roads. Knatchbull England response. Noise concerns. Sewage pumping station to be relocated Scheme Design A4 question. Extra Street lighting and noise See para 6.5.36 for Highways pollution concerns. England response.

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6.5.83 Highways England’s response:  Highways England has taken account of all affected landowners responses. Regard has been taken to change the design of the Kingsford Street Footbridge.  Traffic modelling on the A20 is covered in para 6.5.36.  A noise bund is in place to mitigate noise for residents from the off-slip on junction 10a eastbound.

Non-statutory consultees

6.5.84 Highways England invited responses to the consultation from non-statutory organisations and has taken due regard to comments received from 7 consultees. For the purpose of the Consultation report the responses received have been incorporated in this chapter.

Transport

6.5.85 The Motorcycle Action Group responded advising they are broadly in favour of the Scheme and noted a number of design issues affecting motorcyclists including cross wind issues, signage, road alignment, distance between junctions and cat eyes used.

6.5.86 Highways England's response:  Highways England can confirm the following applied design requirements; highways alignment has been designed to the Design Manual for Roads and Bridges standards (DMRB), a Road Restraint Risk Assessment Process analysis has been undertaken and the results applied using TD19/06, an appropriate planting strategy is in place to mitigate cross winds, road signs are designed in accordance with Traffic Signs Manual (DMRB), sufficient distance between successive merges or diverges in accordance with the DMRB are in place and the type of cat eyes will be specified in accordance with the Specification for Highway Works. See Appendix D.1 table D1-3 for a full response.

Landscape

6.5.87 Kent Downs Area of Outstanding Natural Beauty (AONB) commented on the area not being mentioned in the PEIR and requested that AONB policies be complied with and that Highways England continue communication.

6.5.88 Highways England’s response:  Points raised by the AONB have been taken into account and Highways England is committed to continuing all stakeholder engagement.  The Scheme is located outside of the AONB. The Landscape Visual Impact Assessment chapter of the ES makes reference to the AONB, its

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special qualities, management plan and design guide. Our design adheres to the principles set out the AONB Design Guide. Highways England have included a visual receptor from high within the AONB at the Devil’s Kneading Trough which was requested in the scoping report. The impact upon this long distance view is presented in the landscape and visual impact schedules in Volume 6. 3, Appendix 7.4.  Highways England will continue to be cognisant of the AONB policies and mitigation design requirements when developing the landscape design proposals.

Junction 10

6.5.89 A response to Highways England’s consultation was received by ABCs planning department from East Kent Hospitals University NHS. Highways England has had due regard to the response and incorporated it into this chapter.

6.5.90 The Trust felt the closure of junction 10 slip roads would have a negative impact and make the route to the William Harvey Hospital (WHH) more complicated.

6.5.91 The Trust also reflected on the benefits of a second entrance to the WHH off the A20.

6.5.92 The response recognised the need to relieve congestion on the existing junction 10 and the requirement for infrastructure schemes to support the growth of Ashford.

6.5.93 Highways England’s response:  Journey time reliability to the WHH will generally be improved as less congestion is forecast to occur at junction 10 in the future with the addition of junction 10a. However, the journey time for those currently travelling to the hospital in an eastbound direction, east of junction 10 will be a little longer (estimated to be less than a half a minute from the traffic model) via the new link road.  A second entrance to the WHH is a local planning issue for which Highways England would be a statutory consultee.

Key changes as a response to Section 47 consultation

6.6.1 Table 6-20 below provides a summary of key changes Highways England has made to the Scheme as a result of the Section 47 consultation.

Table 6-20 Summary of key incorporated changes following the Section 47 consultation

Summary of scheme change resulting from consultation Scheme change Change in response to: Confirmation of speed reduction on the A2070 new link road and A2070 between junction 10 Concerns over: Speeding on the A2070. to 40mph.

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Commitment to monitor noise and vibration by Concerns over: Vibration from the traffic on St Marys specification of noise limits, monitoring as Church structure. means to ensure control work in relation to St Marys Church. Confirmation the local area team will Concerns over: Length of time junction 10 signals take investigate. to change. Signals causing delays. Confirmation noise bunds and revised Concerns over: Noise concerns from Summerhill landscaping incorporated on the eastbound residents on the A20. junction 10a slip. Confirmation: Alignment revised to a more Concerns over: Kingsford Street footbridge access southerly point. ramp alignment. Commitment: at detailed design phase, to further discussion with KCC at the Request received: to look at cycle provision along the incorporation of an active cycleway between A20 between junction 10 and junction 10a. junctions 10 and 10a. Confirmation noise barrier has been extended. Request to review Kingsford Street noise barrier.

Summary of scheme features that cannot be changed

6.7.1 Table 6-21 provides a summary of elements of the Scheme which were not possible to change due to the unsupportable impact or alteration the change would make on the schemes:  Objectives or scope.  Viability.  Buildability.

Table 6-21 Summary of changes not incorporated following the Section 47consultation

Summary of scheme changes Highways England are unable to change Aspect of scheme not changed In response to The request is outside of the Schemes scope. Request to close Kingsford Street and Highfield Lane. Design regulations requires the slip road to be Request to retain the east facing slip road on junction closed. 10. Not incorporated into design. Not requested by Request to incorporate a bridleway on the A2070 link KCC PRoW. No wider network proposed, so road. would be isolated. Request investigated and reviewed. Analysis of design showed no benefits to traffic flow. Request to provide an A20, junction 10a bypass. Design not incorporated.

Conclusion to Section 47 consultation

6.8.1 Highways England sought to maximise the awareness of the Section 47 community consultation and encourage involvement and feedback to the consultation. The collaboration with ABC and KCC media teams and local community groups assisted in delivering a thorough consultation.

6.8.2 The consultation was carried out in accordance with the SOCC. Local authority input assisted in ensuring Highways England incorporated local knowledge in its overall consultation strategy. The seasonal time of year did not hinder the consultation awareness programme.

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6.8.3 Publicity and local press in the New Year raised awareness and encouraged participation.

6.8.4 The events attracted over 650 attendees.

6.8.5 The use of response channels available throughout the consultation allowed the community to engage with Highways England in a variety of ways. A total of 211 questionnaire responses were received, the majority submitted online.

6.8.6 The quantitative analysis of the completed questionnaires demonstrated on average 30% of respondents felt Highways England had captured the important design features for the new A2070 dual carriageway, new junction 10a and the existing junction 10. 77% of respondents felt the consultation material was helpful and others had utilised the project website to find further information.

6.8.7 The Section 47 consultation closed on 17 March 2016. Highways England continued to accept responses into April 2016.

6.8.8 Highways England has had regard to the consultation responses and has made a number of scheme changes.

6.8.9 Tables 6-22, 11-1 and 11-2 in Chapter 11, demonstrates Highways England's compliance with Section 47 of the Act and the implementation of the measures outlined in the SOCC.

Table 6-22 SOCC compliance table

Area Implementation Details of where to locate the SOCC were stated in a local newspaper advert which was published across 5 papers The SOCC was referred to in the Section 47 SOCC publicity. brochure and questionnaire, on the Scheme website, in written communication and was available at all events to view and 9 deposit sites. 17,462 unaddressed residents and businesses were Written communication. written to. All events detailed in the SOCC were followed through SOCC consultation activities. and staffed by informed members of the project team. Hard copies of the brochure, questionnaire, PEIR, non- technical summary and information sheet were Consultation documents. distributed to 9 deposit sites. All consultation materials were available to view at all the events, on the Scheme website and available upon request. The consultation ran from14 January to 17 March 2016 Consultation period. as stated. All communication channels were live and accessible Consultation communication channels. during the consultation period. All responses received during the consultation period Consultation responses. were recorded and reviewed.

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7 Consultation with Statutory Consultees (Section 42)

Introduction

7.1.1 Highways England undertook consultation under Section 42 of the Act between 14 January and 17 March 2016.

7.1.2 This chapter sets out the programme of activities Highways England undertook to comply with its duty to consult under Section 42.

7.1.3 Statutory consultees under Section 42 are defined as the following groups of consultees:  Parties prescribed in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009.  Each relevant local authority that is within Section 43 of the Act.  Each person who is within 1 or more of the categories set out in Section 44. The Book of Reference records all of the Section 44 parties.

7.1.4 Highways England is required to consult for a minimum of 28 days under Section 45 of the Act and have regard to responses under Section 49. Appendix C.1 provides a full list of Section 42 consultees, Appendix D.2 provides a schedule of Section 42 responses and Highways England’s responses to these (table D2-1). Section 7.8 provides a high level overview of the main response themes.

Consultees

Statutory consultees

7.2.1 Schedule 1 of the APFP Regulations sets out the statutory consultees. The consultees include the main regulatory bodies covering technical and discipline areas.

7.2.2 A scoping report was prepared to inform the request for a Scoping Opinion from PINs. A list of prescribed consultees notified under regulation 9(1)(a) of the EIA Regulations was provided by the Secretary of State. It was noted by Highways England that this list did not include the MoD / DIO. Investigations by Highways England showed the Scheme did not affect any relevant MoD / DIO land.

7.2.3 Prior to the Section 42 consultation Highways England engaged with key statutory consultees as part of the non-statutory engagement, seeking views and comments to inform the Scheme and Environmental Impact Assessment (EIA).

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7.2.4 Highways England made no changes to the prescribed consultees list under regulation 9. A full list is provided in Appendix C.1

Local Authorities

7.2.5 Section 42(1)(b) of the Act requires the applicant to consult with the local authorities identified in Section 43 of the Act. The relevant local authorities are identified as those whose area the land is situated within and those councils with neighbouring boundaries.

Land interests

7.2.6 Land interests were identified through a diligent inquiry process. All land consultees are identified in a book of reference as those who are owners, lessees or occupiers with a qualifying interest in land and property affected by the Scheme, as well as those persons who might be entitled to make a relevant claim.

7.2.7 A desk based scheme wide search of the land registry and field based enquiries in the form of questionnaires initially identified land interests as set out in Section 42(1)(d). Chapter 3 (para 3.5.1) explains further the steps taken to investigate all land interest parties.

Consultation programme

7.3.1 This section explains the timescales and tools used for the Section 42 consultation.

7.3.2 Highways England ran the Section 42 alongside the Sections 47 and 48 consultations. This meant that all consultation documents were available to the Section 42 consultees. Highways England was aware that some landowners would make significant use of the Section 47 consultation to support them in their understanding of the Scheme.

7.3.3 A formal letter was sent to all Section 42 consultees on 8 January 2016 to notify the relevant consultees of the Section 42 consultation. A copy of this letter is included in Appendix A.2.4. 104 letters went to section 42 stakeholders this included 23 to landowners (see Appendix A.2.3 for a copy of the landowner’s letter).

7.3.4 The notification letters were sent as a hard copy by post or as an electronic attachment on email. Accompanying all the letters was a copy of the information sheet explaining how the consultee could take part in the wider consultation and a copy of the consultation brochure and questionnaire for the Scheme. All postal letters were sent recorded delivery.

7.3.5 Under Section 46 of the Act, the applicant must send PINs (on behalf of the Secretary of State) the Section 42 consultation documents before commencing the Section 42 consultation. PINs were notified electronically on 30 December 2015. Highways England sent hard copies of the notification and support

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documents on 31 December 2015. A copy of the notification letter can be seen in Appendix A.2.2.

7.3.6 The following sections explain the timescales and tools used for the Section 42 consultation.

Consultation materials

7.3.7 In support of the Section 42 consultation the following materials were created:  A suite of display boards.  A Preliminary Environmental Information Report - Executive Summary was created as a non-technical precis to the full PEIR.  A Traffic modelling presentation was created to visually show the traffic flows. An animation ‘with’ the Scheme and ‘without’ the Scheme provided the consultee with a view of traffic flows. This also assisted in awareness of the location of the Scheme.  A Preliminary Environmental Information Report (October 2015) was available to view and download.  Consultees were advised in the notification letter that all materials were available on the Scheme web page and as a hard copy at the community consultation events.

Consultation period

7.3.8 The Act requires the applicant to consult for a minimum period of 28 days. Highways England ran the Section 42 consultation for a period of 9 weeks from 14 January to 17 March 2016.

7.3.9 Consultees were advised in the notification letter of the deadline for responses of 23:59 on 17 March 2016.

7.3.10 During the consultation the following groups were consulted (see Appendix C.1.1 for a list of consultees):  All prescribed consultees.  All relevant local authorities.  All relevant land interest parties as defined in Section 44 who were identified at the time of the land searches.

Events

7.3.11 In addition to its own consultation events, during the Section 42 consultation Highways England was invited to and attended a number of meetings. The bodies that invited Highways England to attend meetings were previously met during the non-statutory engagement period. Highways England attended the following meetings and events:

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 26 February 2016, Mersham Village community event.  3 March 2016, Willesborough Community Forum community event.  9 March 2016, Willesborough Community Forum community drop in event.

Methods used to raise awareness

7.3.12 Notification letters were sent to all Section 42 consultees. Local authorities received the same letters. A variation of the letter was sent to the Section 42(1)(d) land interest parties explaining the possible categories of land the consultee may fall into, further advising that Highways England were happy to discuss which category Highways England believed the consultee to be in. For all letters the same supporting documentation was included. Some statutory consultees used business email addresses to receive formal notifications; others where no address was included were sent electronic copies of the notification to individual email addresses.

7.3.13 All posted letters were sent by recorded delivery. One consultee advised they had not received the letter. They advised they worked across multiple sites, so an electronic copy was sent after the 17 March when Highways England was made aware of this and that consultee was given a further 28 day period to respond. A copy of the Section 42 letter can be seen in Appendix A.2.

Consultation channels

7.3.14 Section 42 consultees were provided with the following feedback channels:  Calling 03000 123 5000.  Via the postal address: M20 junction 10a, Highways England, Bridge House, 1 Walnut Tree Close, Guildford, GU1 4LZ.  By email: [email protected]

Dealing with consultation results

7.4.1 All responses to the Section 42 consultation were logged and PDF files created for all hard copy responses.

Results of consultation

7.5.1 This section provides an overview of the response results, key issues raised by consultees and how the Scheme has been influenced and amended.

7.5.2 Section 49 of the Act imposes a duty on the applicant ‘to have regard to any relevant response’ received under Sections 42, 47 or 48 of the Act within the specified deadline.

7.5.3 Changes to the Scheme made as a result of the Section 42 consultation responses are defined within the discipline areas.

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7.5.4 A number of reviews to confirm design changes and minor changes to the ES have been incorporated as a result of the consultation responses.

7.5.5 Appendix D.2 provides a full schedule of responses received from Section 42 consultees and Highways England’s responses to these. Columns record the following:  Overview of discipline area response has been categorised in: o Headline topic. o Summary of response. o Consultee(s) associated with the response.  A ‘Y’ for yes or ‘N’ for no stating if the response resulted in a change to the Scheme.  A supporting summary of Highways England’s response.

7.5.6 Responses in the summary table are organised in the following discipline headings with related Highways England responses:  Design.  Environment.  Traffic modelling.  Road network.  Stour Park development.  Land owners and land use.

Section 42 key issues raised and Highways England responses

Statutory Consultees

Scheme scope

7.5.7 KCC and ABC requested the closure of Highfield Lane and Kingsford Street be provided as part of the Scheme.

7.5.8 KCC also recommended that Highways England takes responsibility for the A20 between the extent of Highways England’s assets (junction 10 to junction 10a).

7.5.9 Highways England’s response:  Highways England considers the request to close Highfield Lane and Kingsford Street to be outside of the Schemes scope. Analysis of traffic modelling shows no justification within the Scheme to justify the incorporation of these closures.  The between junction 10 and junction 10a is outside of the Schemes scope and will not be incorporated. Highways England is happy to progress discussions outside of the M20 junction 10a application.

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Heritage conservation

7.5.10 Historic England, KCC and ABC all responded to the consultation raising concerns of the Schemes impact on the Grade I listed St Marys Church.  Cultural Heritage Assessment has been undertaken (Chapter 6 of the ES) which includes an assessment of the effects of the Main and Alternative Scheme on the viability and setting of St Marys Church. The assessment outlines that the Main and Alternative (proposed link road and the junction with the A2070) have the potential for a residual effect on the setting from the additional visual impacts from embankments, lampposts and signage and noise impacts on the setting of the asset from vehicle movements and street lighting along the proposed link road.  The proposed link road would form a new visual barrier in the landscape to the north and north east of the asset. Design measures such as landscaping would reduce the potential impact on the setting and character of the church. To retain the viability of St Marys Church, pedestrian and road links to the church would be retained throughout construction and operation.

Minerals Assessment

7.5.11 KCC confirmed the presence of economic mineral deposits at the site. They requested a minerals assessment be carried out.

7.5.12 Highways England response:  Highways England have accepted the request and carried out a minerals assessment which is incorporated in the Geology and Soils assessment (Chapter 9 of the ES).

Land interests and land use

7.5.13 Highways England had regard to all land interest responses during the Section 42 consultation. Some land interest parties responded to the Section 47 consultation. A summary of responses is shown in Appendix D.1 (also see para 6.5.82).

7.5.14 Pilgrim Hospice raised concerns over noise and traffic increase on the A20 and the use, by the Hospice, of the Willesborough Garden Centre land.

7.5.15 Highways England’s response:  With the scheme, traffic noise levels are predicted to reduce at Pilgrim Hospice. During construction phase, no significant impacts were predicted at Pilgrim Hospice, however construction noise will be controlled by a Construction and Environmental Management Plan and will be subject to a Section 61 application under the Control of Pollution Act 1974. Typical mitigation measures to be incorporated into the scheme are outlined in Section 11.7 of the Nosie and Vibration Chapter of the ES.

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Public Rights of Way and Signage Strategy

7.5.16 KCC Public Rights of Way and Access Service responded to Highways England outlining conditions related to side road orders and recommendations to be considered.

7.5.17 KCC responded to Highways England’s Signing Strategy Report advising of preferred options and recommendation.

7.5.18 Highways England’s response:  Side road orders and related conditions to include requirements regarding obstructions and planting, are not part of the DCO process. The stopping up of existing highways and private means of access, and the provision of new highways and private means of access, are dealt with in the DCO itself. The Rights of Way and Access Plans that form part of the application show the effect of the Scheme on the Public Rights of Way network.  Responses to Highways England signage strategy have been incorporated. The Signage Strategy is included in Appendix 7.5 of the application

A20

7.5.19 Shepway District Council noted it would be concerned if traffic was to show an increase travelling eastbound from junction 10a on the A20.

7.5.20 Highways England’s response:  Eastbound traffic on the A20 east of junction 10a shows a small increase in volume with the Scheme in place (less than 100 vehicles per day in 2018 and 2023), with the volumes increasing as the overall network congestion increases (575 vehicles in 2033). This is not due to the Scheme but due to growth in traffic arising from development and general background growth.

Key changes as a response to the Section 42 consultation

7.6.1 Table 7-1 summaries the key changes Highways England has made in response to the Section 42 consultation.

Table 7-1 Summary of key incorporated changes following the Section 42 consultation.

Summary of scheme change resulting from consultation Scheme change Change in response to: All requests amended. Request for: Public Rights of Way requirements. All requests amended. Request for: signage requirements. Commitment to discuss further with the Local Request to discuss the impact of closing the east Authorities. facing slip road on junction 10.

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Commitment to provide a ‘Written Scheme of Investigation’ will be produced for Request for: further detailed evaluation measures archaeological intrusive evaluation in advance including geo-archaeological work. of construction and in consultation with the Kent County Council Archaeological Team. Request followed through and facilitated at a Request to consult with KCC and ABC conservation pre-application environmental workshop in May officers. 2016. Confirmation an Air Quality assessment has Request for: further assessment of NO2 levels been undertaken and is part of the ES Confirmation that a Health Impact Assessment Navigation document (Appendix 4.3 of the ES) Request for: a Public Heath report section to the ES. has been produced. A Landscape and Visual Impact Assessment Request for: visual impact mitigation measures for has been produced. Additional planting in place Kingsford Street. to include a hedgerow. Request accepted an assessment has been incorporated within the Geology and Soils Request for: a minerals assessment. assessment. Mr Houchin request to provide access to owners Design amended to provide provision. land. Request noted and a commitment to meet Request to: review noise measures around the further with the hospice representatives. hospice.

Summary of Scheme features that cannot be changed

7.7.1 Table 7-2 provides a summary of elements of the Scheme which were not possible to change due to the unsupportable impact or alteration the change would make on the Schemes:  Objectives or scope.  Viability.  Buildability.

Table 7-2 Summary of changes not incorporated following the Section 42 consultation

Summary of scheme changes Highways England are unable to change resulting from consultation Aspect of scheme not changed In response to: Design regulations require the slip road to be Request for traffic modelling to include the option to closed. retain the east facing slip road on junction 10. Request to take responsibility of the A20 between The request is outside of the schemes scope. junction 10 and junction 10a. An acceleration lane has been investigated and all data passed to the local area team to review Request for: additional Barrey Road junction changes. the junction issues and implement a programme of works. Request for the closure of Kingsford Street / Highfield The request is outside of the schemes scope. Lane.

Conclusion to Section 42 consultation

7.8.1 Highways England received comprehensive responses from a variety of bodies during the Section 42 consultation.

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7.8.2 A number of environmental, traffic modelling and design topics were raised.

7.8.3 In reviewing the responses Highways England had regard to all responses received within the specified period and in a number of cases continued two- way discussions on elements of responses received specifically with landowners, environmental bodies and local authorities.

7.8.4 Where appropriate Highways England has incorporated further refinements, thereby achieving a more robust scheme.

7.8.5 Table 11-1 in Chapter 11 demonstrates how Highways England has complied with its obligations under Section 42 of the Act.

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8 Publicity Notice Section 48

Introduction

8.1.1 This chapter sets out the activities undertaken by Highways England to comply with Section 48 of the Act, which imposes a duty to publish a notice of the proposed application in accordance with Regulation 4 of the APFP Regulations.

8.1.2 The publicity is an important part of consultation and Highways England had regard to the DCLG guidance which advises at paragraph 58, if possible, that applicants should arrange advertisements to coincide with those for the community consultation.

8.1.3 Regulation 11 of the EIA Regulations also requires the Section 48 notice to be sent to the EIA consultation bodies.

8.1.4 The applicant must allow a minimum 28 days for responses. A full summary of responses received under Section 48 is in Appendix D.3.

Section 48 publicity

8.2.1 A notice was published, in accordance with the APFP Regulations, in the public notice section of a national newspaper, the London Gazette and in a local newspaper for 2 consecutive weeks. Highways England published the notice in The Times and The London Gazette nationally and in the Kentish Express series of papers and the Ashford Herald series of papers for 2 consecutive weeks.

8.2.2 Letters advising Section 42 consultees about the Section 48 consultation were sent out on 13 January 2016. A total of 104 letters were sent by post or email a copy of the letter is in Appendix A.2.6. In accordance with the EIA Regulations, a copy of the Section 48 notice accompanied the letters.

8.2.3 Publicity commenced to align with the start of the Section 42 and 47 consultation.

8.2.4 Copies of all published notices are in Appendix A.3. Table 8-1 provides a chronological summary of the notices.

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Table 8-1 Publication of Section 48 notices

Date Newspaper Area Kentish Express series to include Folkestone & Hythe 7 January 2016 Local Express (see Appendix A.3.3). Kentish Express series to include Folkestone & Hythe 14 January 2016 Local Express (see Appendix A.3.3). Ashford Herald series to include Folkestone Herald 14 January 2016 Local and Dover Express (see Appendix A.3.3). Ashford Herald series to include Folkestone Herald 21 January 2016 Local and Dover Express (see Appendix A.3.3). 1 February 2016 The Times (see Appendix A.3.1). National 1 February 2016 London Gazette (see Appendix A.3.1). National

Section 48 consultation

8.3.1 Highways England ran the Section 48 consultation during the same period as Sections 42 and 47 for a period of 9 weeks from 14 January to 17 March 2016.

8.3.2 Response channels available for consultees were set out in the notice along with consultation material available.

8.3.3 Highways England, in accordance with Section 49, had regard to all Section 48 responses. Responses to Section 48 are included in Appendix D.3.

Results of consultation

8.4.1 The Section 48 consultation closed on 17 March 2016. One response was received to the Section 48 notice from Council who responded with no objection. No late responses were received after the closing date.

Conclusion to Section 48 consultation

8.5.1 The results of the Section 48 consultation have not led to any changes to the Scheme.

8.5.2 Table 11-1 in Chapter 11 demonstrates how Highways England has complied with its obligations under Section 48 of the Act.

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9 Additional Statutory Consultation

Introduction

9.1.1 Highways England undertook 2 additional periods of consultation following on from the main formal consultation period. This section provides an overview of the consultations and the results for each.

9.1.2 For the purpose of this report the additional consultations are titled as ‘second consultation and ‘final land interests consultation’.

9.1.3 Highways England has had regard to the DCLG guidance in carrying out its pre- application consultation, including paragraph 50, which advises the applicant on ensuring the book of reference is up-to-date at the time of the DCO application submission.

Second Section 48 consultation

9.2.1 A five-week (35 day), extra round of consultation under Section 42 and 48 of the Act took place from 31 March to 5 May 2016. The approach to this consultation was discussed in advance with the Planning Inspectorate.

9.2.2 A Section 48 publicity notice was published in 2 national papers and 1 local paper for 2 consecutive weeks. Table 9-1 provides publicity dates.

9.2.3 104 letters advising the Section 42 consultees about the consultation were sent out on 29 March 2016. In accordance with the EIA Regulations, a copy of the Section 48 notice accompanied the letters. A copy of the letters is included in Appendix A.2.8 (Consultees) and A.2.9 (landowners).

9.2.4 A M20 junction 10a Improvement Scheme brochure supported the second consultation, providing scheme updates which included:  The extent of the Red Line Boundary.  A possible alternative access roundabout for the proposed Stour Park development.  Further information on traffic flows ‘without’ and ‘with’ the Scheme.  A copy of this document is included in Appendix B.1.7.

Table 9-1 Publication of second Section 48 notices

Date Newspaper Area Kentish Express series to include Folkestone & Hythe Express (see 17 March 2016 Local Appendix A.3.4). Kentish Express series to include Folkestone & Hythe Express (see 24 March 2016 Local Appendix A.3.4). 24 March 2016 The Times (see Appendix A.3.2). National 24 March 2016 London Gazette (see Appendix A.3.2). National

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Final land interest consultation

9.3.1 Following final Scheme development, specifically related to the Red Line Boundary, and further title and land questionnaire investigations new land interests in respect of category 1, 2 and 3 interests included in Section 44 of the Act were identified. See Appendix C.1.3 for additional land owners identified.

9.3.2 Highways England therefore carried out a final land interest consultation under Section 42 for a 28 day period in relation to those newly identified interests. The consultation period was staggered due to a process of confirming identified parties.

9.3.3 A letter informing consultees of the Section 42 consultation, channels to obtain further information and mechanisms to feedback, including a deadline response date, was sent by recorded delivery. The letter was accompanied by the original Section 42 consultation brochure and an updated Scheme brochure.

9.3.4 Letters were sent over a 14 day period commencing on 20 May and concluding on 2 June 2016. Each letter identified the relevant consultation deadline date for responses. The consultation period closed on 3 July 2016. A copy of this letter is included in Appendix A.2.10.

9.3.5 One letter was returned due to an incomplete address, this was rectified and re- sent on 26 May 2016. A second letter was returned due to the tenant no longer trading from the premises. Two letters were returned due to consultees not collecting the signed for letters. The book of reference was updated to reflect this change.

9.3.6 A book of reference of all land interests is provided as part of the DCO application.

Stour Park development occupiers

9.4.1 Highways England were informed of two occupiers by DMI properties in relation to the Stour Park development on 17 June 2016 on behalf on the freehold owner of that land. We were told that the additional parties presently hold licences to use the land and that the licenses expire in August 2016 (see Appendix C.2, table C2-2). Highways England duly wrote to the occupiers on 4 July 2016 informing them of the scheme and DCO process and sending them the information which has been used in the previous consultation round.

9.4.2 When the application is submitted Highways England will write to them again to notify them that the application has been made and if it is validated explaining to them how they can make any representations.

Results of consultation

Second Section 48 consultation

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9.5.2 Highways England carefully considered all responses received and account was taken where applicable when finalising the Scheme proposals. Appendix D.3 lists issues raised, the organisation responding, whether a change was made as a result of the response and Highways England's response.

Second Section 48 consultation key issues raised and Highways England responses

Flood risk

9.5.3 KCC requested continuing engagement between relevant parties concerning the biodiversity mitigation work. Additionally the authority referred to the flood risk assessment climate change allowances (2016).

9.5.4 Highways England response:  The online storage for all ponds directly upstream of a watercourse are designed to accommodate the maximum water level for the 100 year (+30% climate change) return period critical storm. Following recent consultation with KCC and ABC an exceedance test has been conducted and the proposed storage ponds can accommodate +40% climate change.

Hatch Park

9.5.5 The Forestry Commission and Natural England commented on the impact of construction on Hatch Park.

9.5.6 Highways England Response:  Chapter 8 of the ES (Nature Conservation) assesses the effects of the Main and Alternative Schemes on Hatch Park SSSI. The chapter outlines that during construction, there would be no loss of habitat or integrity to the Hatch Park SSSI. During operation, Hatch Park would be subject to increased levels of airborne pollutants once operational however, air pollution would similarly increase without the Scheme due to increases in vehicle movements and congestion, therefore no specific mitigation measures have been incorporated.

Pilgrims Hospice

9.5.7 ABC raised concerns over a site construction compound presently proposed opposite Pilgrims Hospice and the removal of a tree line outside the Hospice entrance.

9.5.8 Highways England’s response:  There is the potential for a small site compound to be located in the vicinity of Pilgrims Hospice. The main site compound would be situated off the A2070, away from the Hospice. Any compound located opposite the Hospice would be subject to measures laid out by the local environmental

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health officer. Highways England contractors would also be required to apply for the ‘Considerate Constructors Scheme’.  Highways England has reviewed the design plans for the trees adjacent to Pilgrim Hospice and amended the earthworks. The trees will not be removed.

Final land interest consultation

9.5.9 The final land interest consultation closed on 3 July 2016. Highways England received no formal responses to the consultation. During the consultation period Highways England received 3 enquires from consultees; 2 from tenants and 1 from a land agent. All enquiries related to the DCO timescales and land purchase of the related sites. No late responses were received after the closing date.

9.5.10 The results of the final land interest consultation have not led to any changes to the Scheme.

Key changes as a response to consultation

9.6.1 Table 9-2 summarises the key changes Highways England has undertaken in response to the second Section 48 consultation.

Table 9-2 Summary of incorporated changes following the second Section 48 consultation.

Summary of scheme change resulting from consultation Scheme change Change in response to: Scheme amended to retain tree row adjacent to Loss of A20 Pilgrim House tree row. the Hospice. Analysis request by KCC to understand the Confirmation the Scheme storage ponds can implications of a greater climate change allowance of accommodate +40% climate change 40% for drainage and flood risk.

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10 Environmental Impact Assessment

Introduction

10.1.1 The Scheme requires an Environmental Impact Assessment (EIA) to accompany the DCO application.

10.1.2 Highways England commenced an early EIA scoping process at the start of the pre-application process (September 2014) compiling a ‘Scoping Report’ for submission to PINS (January 2015). This was followed by a response from PINs in the form of a ‘Scoping Opinion Report’, amalgamating all stakeholder responses received during the allotted period, in turn providing the foundation for consultation with relevant statutory bodies. The Scoping Opinion is provided in Appendix 4.1 of the Environmental Statement.

Preliminary Environmental Information Report

10.2.1 Engagement with statutory consultees in the non-statutory engagement stage assisted with the production of the Preliminary Environmental Impact Report (PEIR) which was published in October 2015. The PEIR provided an update on the progress of the Environmental Impact Assessment and an opportunity for relevant statutory bodies to raise any comments or concerns prior to the Section 42 consultation. Natural England, Historic England and the Environment Agency commented on the PEIR (see Chapter 10).

10.2.2 The PEIR was made available to the local authorities on 28 October 2015. All comments received in regards to the PEIR were used to inform the overall Scheme design and environmental mitigation design. ABC raised concerns as to the Air Quality monitoring data, which indicated elevated NOx levels at 2 specific sites. Therefore, a thorough Air Quality Assessment has been undertaken to determine the Schemes impact on air quality and mitigate any further increases in NOx levels.

Environmental Impact Assessment

10.3.1 In accordance with regulation 10 of the EIA regulations the SOCC included information concerning the PEIR and informed the community that the document would be available as part of the community consultation material.

10.3.2 The SOCC stated the following; “preliminary environmental information will be provided in the form of a Preliminary Environmental Information Report (PEIR), which will form part of the consultation material. The PEIR will present environmental information that we have gained to date and explains how we plan to further assess the potential environmental effects of the project. The PEIR will indicate in general terms the potential mitigation measures that could be implemented in order to minimise negative impacts of the project, although these will be confirmed in the ES once the EIA work is complete. Mitigation

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measures identified as being required in the ES will be incorporated into the design of the project, for the construction and operation of the Scheme”.

Preliminary Environmental Information Report – Executive Summary

10.4.1 Highways England created a non-technical ‘Preliminary Environmental Information Report - Executive Summary’ to accompany the PEIR as part of the Section 42, 47 and 48 consultations. This was also used to support consultation material during the formal consultation events, thus informing non-technical stakeholders on environmental information, providing an ‘easy read’ version of the PEIR for ultimate environmental transparency.

Final Environmental Statement

10.5.1 A draft ES was presented at a workshop on 9 May 2016 to the local authority specialists. The ES chapter topics were discussed and impacts considered.

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11 Conclusion

Overview

11.1.1 NSIP applications are required to comply with a legislative framework, having regard to associated guidance and advice notes. The Act sets out the process for pre-application consultation by the applicant before a DCO application can be submitted.

11.1.2 This section provides an overview of the actions and activities undertaken by Highways England to comply with the relevant requirements and guidance. The relevant chapters and appendices to this report are signposted in the document.

Non-statutory engagement

11.2.1 The non-statutory engagement (Chapter 3) enabled the project team to present the Schemes objectives, pre-application process and timetable. Steering group meetings become the regular source for collaborative discussion between Highways England, the local authorities and community representatives. Face- to-face meetings with landowners and other statutory prescribed bodies contributed greatly in shaping the Scheme.

11.2.2 The early engagement significantly influenced the Public Rights of Way proposals, signage strategy and environmental land requirements.

Formal consultation

11.3.1 The Schemes formal consultation under Section 47 of the Act (Chapter 6) took place from 14 January to 17 March 2016. The consultation was carried out in accordance with the SOCC. The activities included:  An awareness campaign to promote the consultation which included adverts and interviews in local radio and print media, consultation information accessed through Highways England, local authorities and other stakeholder digital channels to include websites, and social media pages and written communications to stakeholder organisations and a large door-to-door campaign to some 17,462 residents and businesses within the Schemes vicinity.  A main three-day community exhibition held within the vicinity of the Scheme with experts on hand from all professional disciplines of the project team.  Two one-day events held within the local area supported by project team experts.  Consultation materials available at 9 viewing sites.  Press and invited representatives launch event used to raise awareness.  Attendance at 3 invited community events.

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 Production of a consultation brochure, questionnaire, PEIR executive summary, display boards and traffic modelling presentation.  Availability of the previously published PEIR.

11.3.2 Consultation under Section 42 of the Act was undertaken from 14 January to 17 March 2016. A final additional land interest consultation followed, following a further batch of identified land interest consultees.

11.3.3 The land interest consultation was staggered to investigate land interests. Over a 14-day period commencing on 20 May and concluding on 2 June 2016, 6 identified land consultees were consulted. Allowing the required 28 day consultation period the consultation period closed on 3 July 2016.

11.3.4 Consultation under Section 48 took place from 14 January to 17 March 2016. An additional second Section 48 period of consultation (in relation to all Section 42 parties) was carried out from 31 March to 5 May 2016.

11.3.5 Consultation documents for Section 42 and the first Section 48 consultations consisted of all documents for the Section 47 consultation.

11.3.6 The additional consultations included the consultation brochures and the improvement Scheme brochure.

11.3.7 All responses received during the formal consultation period, including those sent to other statutory parties and those received late, have been reviewed and where appropriate incorporated in the Scheme proposal.

11.3.8 Highways England undertook further consultation with key consultees after the formal consultation period. The subject matter and consultees are as follows:  The Environment Agency, Natural England, Ashford Borough Council and Kent County Council were consulted on the emerging ES. Stour Park developers were consulted on environmental mitigation measures and the alternative access design.  Southern Gas Networks were consulted on the diversion of the main gas pipe.  Relevant landowner discussions were undertaken to keep parties abreast with specific land related matters.

Compliance

11.4.1 Table 11-1 below provides specific details of how Highways England complied:  With the requirements of the Act and the relevant Regulations.  With the DCLG and PINS guidance.  With the SOCC.

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Table 11-1 Compliance with the Planning Act 2008, Regulations and guidance

Section Requirement Compliance Planning Act 2008 Highways England has produced a consultation report as part of the application. In accordance with Applications for orders Section 37(7), the report details: granting development consent Section 37  How Highways England complied with Sections (3)(c) Be accompanied by the 42, 47 and 48. consultation report.  Responses received.  Account taken of responses. Duty to consult

The applicant must consult: Highways England has consulted with all persons prescribed in Schedule 1 to the Infrastructure a) Such persons as may be Planning (Applications: Prescribed Forms and Section 42 prescribed. Procedure) Regulations 2009 (see Appendix C.1 for the full list). Highways England has consulted with each identified b) Each local authority that is local authority under Section 43 (see Appendix C.1 within Section 43. for the full list). Highways England has recorded all persons within a c) Each person who is within 1 or book of reference. All parties within the book of more of the categories set out in reference have been consulted (see Appendix C.1 for Section 44. the full list). Timetable for consultation under Section 42 Consultees were informed of the deadlines for receipt 1) The applicant must, when of responses in the notification letters sent out for the Section 45 consulting a person under Section Section 42 consultation. The letters stated the period 42, notify the person of the of consultation and the exact deadline time. (See deadline for the receipt by the Appendix A.2 for a copy of the letter). applicant of the person's response to the consultation. 2) A deadline notified under sub- The consultation ran from 14 January to 17 March section (1) must not be earlier 2016, allowing a 63 day consultation period for than the end of the period of 28 responses. A second land interest consultation days that begins with the day after commenced on 20 May. A staggered set of letters the day on which the person were sent allowing for a 29 day consultation period. receives the consultation The consultation period ended on 3 July 2016. documents. The consultation documents available for Section 42 3) In sub-section (2) “the consultees included display boards, brochure & consultation documents” means questionnaire, information sheet, traffic modelling the documents supplied to the presentation, a Preliminary Environment Information person by the applicant for the Report – Non-Executive Summary and the published purpose of consulting the person. PEIR. Section 46 Duty to notify 1) The applicant must supply the Secretary of State with such Highways England notified the Planning Inspectorate information in relation to the (PINs) of the proposed application electronically on proposed application as the 30 December 2015. A signed for copy of the cover applicant would supply to the letter and consultation documents were posted on 31 Secretary of State for the purpose December 2015. of complying with Section 42 if the applicant were required by that

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section to consult the Secretary of State about the proposed application. 2) The applicant must comply with The notification to PINs was sent prior to the sub-section (1) on or before commencement of the Section 42 consultation which commencing consultation under began on 14 January 2016. Section 42. Duty to consult local community Highways England prepared a draft Statement of 1) The applicant must prepare a Community Consultation (SOCC). The SOCC set out Section 47 statement setting out how the how it proposed to consult the community (see applicant proposes to consult, Chapter 5 of this report for further information on the about the proposed application, SOCC). people living in the vicinity of the land. 2) Before preparing the Highways England consulted with Ashford Borough statement, the applicant must Council and Kent County Council on the SOCC (see consult each local authority that is Chapter 5 of this report for further information on the within Section 43(1) about what is SOCC). to be in the statement. 3) The deadline for the receipt by the applicant of a local authority's Highways England notified the persons responsible response to consultation under at the relevant local authorities of the SOCC on 26 sub-section (2) is the end of the October 2015. Electronic copies of the draft SOCC

period of 28 days that begins with and notification letter were emailed. Consultees were the day after the day on which the advised to respond by 23 November 2015, providing local authority receives the a period of 28 days for responses. consultation documents. 4) In sub-section (3) “the consultation documents” means the documents supplied to the The draft SOCC was supplied to the local authority. local authority by the applicant for the purpose of consulting the local authority under sub-section (2). 5) In preparing the statement, the applicant must have regard to any Highways England had regard to all comments response to consultation under received on the draft SOCC. See Chapter 5 for how

sub-section (2) that is received by Highways England had regard to comments received the applicant before the deadline (see Appendix A.1 for SOCC details). imposed by sub-section (3). 6) In section 47(6) of the Planning Act 2008 (duties of applicant for Highways England published where to locate the development consent to publicise SOCC in 2 local publication series: the Kentish the statement setting out how the Express and Folkestone & Hythe series and the applicant proposes to consult the Ashford Herald, Folkestone Herald and Dover series. local community) – (a) for “must All adverts ran on 31 December 2015 and 7 January publish it –” substitute “must – 2016 (see Appendix A.3.5). (za) make the statement available for inspection by the public in a way that is reasonably convenient The SOCC was made available on the Highways for people living in the vicinity of England website on 29 December 2015 and further the land,”,(b)in paragraph (a) promoted through written communications with (duty to publish statement in local consultees (see Appendix A.2.5). newspaper) – (i) at the beginning insert “ publish, ”, and (ii) after The SOCC was displayed at all public events. “land” insert “ , a notice stating where and when the statement

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can be inspected ”, and (c) in paragraph (b) (duty to publish statement in any other prescribed manner) for “in such other manner” substitute “ publish the statement in such manner ”. 7) The applicant must carry out Highways England conducted the consultation consultation in accordance with process in accordance with the SOCC. The SOCC the proposals set out in the compliance table is below. An explanation of the statement. SOCC is in Chapter 5.

Highways England published a Section 48 notice in Duty to publicise accordance with Regulation 4 of the Infrastructure Planning (Applications: Prescribed Forms and Section 48 1) The applicant must publicise the proposed application in the Procedure) Regulations 2009. See Chapter 8 for prescribed manner. further details of the notice publication timetable.

Duty to take account of responses to consultation and publicity 1) Sub-section (2) applies where the applicant – Highways England has complied with Sections 42, 47 (a) Has complied with Sections and 48. Highways England will now submit an Section 49 42, 47 and 48. application for an order granting development (b) Proposes to go ahead with consent. making an application for an order granting development consent (whether or not in the same terms as the proposed application).

Highways England has had regard to all relevant responses.

Relevant responses are considered in the following 2) The applicant must, when chapters and appendices: deciding whether the application that the applicant is actually to  Section 42: Chapter 7 provides a summary of key make should be in the same issues raised and Highways England response. terms as the proposed Full responses are considered in Appendix D.2. application, have regard to any  Section 47: Chapter 6 provides a summary of key relevant responses. issues raised and Highways England response. Full responses are considered in Appendix D.1.  Section 48: Chapter 8 provides a summary of key issues raised and Highways England response. Full responses are considered in Appendix D.3. Guidance about pre-application procedure 1) Guidance may be issued about how to comply with the requirements of this Chapter. Highways England had regard to and applied Section 50 (2) Guidance under this section guidance from the Planning Inspectorate and the may be issued by the Secretary of Department for Communities and Local Government. State. (3) The applicant must have regard to any guidance under this section.

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The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Prescribed consultees. The persons prescribed for the purposes of Section 42(a) (duty to Highways England consulted with all persons consult) are those listed in column prescribed under the Infrastructure Planning Regulation 3 1 of the table in Schedule 1 to (Applications: Prescribed Forms and Procedure) these Regulations, who must be Regulations 2009. See Appendix C.1 and the book of consulted in the circumstances reference. specified in relation to each such person in column 2 of that table. Regulation 4 (2) The applicant must publish a notice, which must include the Copies of the first and second Section 48 Notices are matters prescribed by paragraph provided in Appendix A.3. Highways England (3) of this regulation, of the published the Section 48 Notices as described below. proposed application – First Section 48 Notice – twice in Kentish Express series to include Folkestone & Hythe Express on 7 (a) For at least 2 successive and 14 January 2016 and twice in Ashford Herald weeks in 1 or more local series to include Folkestone Herald and Dover newspapers circulating in the Express on 14 and 21 January 2016. vicinity in which the proposed development would be situated. Second Section 48 Notice – twice in Kentish Express series to include Folkestone & Hythe Express on 17 and 24 March 2016. First Section 48 Notice – once in The Times on 1 February 2016. (b) Once in a national newspaper. Second Section 48 Notice – once in The Times on 24 March 2016. First Section 48 Notice – once in the London Gazette (c) Once in the London Gazette on 1 February 2016. and, if land in Scotland is affected, the Edinburgh Gazette. Second Section 48 Notice – once in the London Gazette on 24 March 2016. (3) The matters which the notice The Section 48 Notice included all the matters listed

must include are – under Regulation 4(3). The name and address of the applicant: (a) The name and address of the HIGHWAYS ENGLAND COMPANY LIMITED of applicant. Bridge House, 1 Walnut Tree Close, Guildford, , GU1 4LZ. The Section 48 Notice states HIGHWAYS ENGLAND COMPANY LIMITED of Bridge House, 1 Walnut Tree (b) A statement that the applicant Close, Guildford, Surrey, GU1 4LZ (the "Applicant") intends to make an application for proposes to make an application (the "Application") development consent to the under Section 37 of the Planning Act 2008 for a Secretary of State. Development Consent Order for the proposed M20 Junction 10A south of Ashford, Kent. The Section 48 Notice states the project is an Environmental Impact Assessment development (c) A statement as to whether the ('EIA development'), as defined by the Infrastructure application is EIA development. Planning (Environmental Impact Assessment) Regulations 2009. (d) A summary of the main The Section 48 Notice states that the main aspects of proposals, specifying the location the project include: or route of the proposed HA514442-MMGJV-GEN-SMW-RE-Z-5101 87 Revision A

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Development.  Construction of a new interchange junction 700m east of junction 10 on the M20 in Ashford in Kent.  New dual carriageway link road to the existing A2070 Southern Orbital Road (Bad Munstereifel Road).  Connection to the A20 Hythe Road. The first Section 48 Notice states that copies of the consultation materials may be inspected free of charge from 17 January to 17 March 2016 at the following locations:

William Harvey Hospital, Kennington Road, Ashford, TN24 0LZ.

Ashford Cattle Market, Orbital Park, Ashford, TN24 0HB. Thursday 21 January, 12:00 to 20:00 Friday 22 January, 10:00 to 20:00 Saturday 23 January, 09.30 to 15:30

ASDA, Kimberley Way, Ashford, TN24 0SE Wednesday 3 February, 11:00 to 15:00

Ashford Designer Outlet, Kimberley Way, Ashford TN24 0SD. (e) A statement that the Wednesday 10 February, 11:00 to 15:00 documents, plans and maps showing the nature and location Ashford Borough Council Offices, Civic Centre, of the proposed development are available for inspection free of Tannery Lane, Ashford, TN23 1PL. charge at the places (including at least 1 address in the vicinity of Kent County Council County Hall, Maidstone, the proposed development) and ME14 1XQ. times set out in the notice: The second Section 48 Notice states that copies of the consultation materials may be inspected free of charge from 31 March to 5 May 2016 at the following locations:

William Harvey Hospital, Kennington Road, Ashford, TN24 0LZ.

Willesborough Post Office, 65 Church Road, Ashford, TN24 0JZ.

Mersham Stores and Post Office, 8 The Street, Ashford, TN25 6NA.

Ashford Gateway Plus, Church Road, Ashford, TN23 1AS.

Ashford Cattle Market, Orbital Park, Ashford, TN24 0HB.

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Ashford Borough Council Offices, Civic Centre, Tannery Lane, Ashford, TN23 1PL.

Willesborough Garden Centre, Hythe Road, Willesborough, Ashford, TN24 0NE.

Brabourne Lees Village Shop and Post Office, Lees Road, , Ashford, TN25 6QE.

Kent County Council County Hall, Maidstone, ME14 1XQ. The first Section 48 Notice states that copies of the (f) The latest date on which those consultation materials may be inspected free of documents, plans and maps will charge from 17 January to 17 March 2016. be available for inspection (being a date not earlier than the The second Section 48 Notice states that copies of deadline in sub-paragraph (i)). the consultation materials may be inspected free of charge from 31 March to 5 May 2016. (g) Whether a charge will be The Section 48 Notices stated that any paper copies made for copies of any of the of the consultation materials would be supplied free documents, plans or maps and of charge. the amount of any charge. All Section 48 Notices stated that any comments and responses on the proposals should be made by email (h) Details of how to respond to to [email protected] or calling

the publicity. 0300 123 5000 or by writing to M20 Jct10a, Highways England, Bridge House, 1 Walnut Tree Close, Guildford, GU1 4LZ. The first Section 48 consultation deadline was given (i) A deadline for receipt of those as 23:59pm on 17 March 2016, which was 46 days responses by the applicant, being after the date on which the last publicity notice was not less than 28 days following published. the date when the notice is last The second Section 48 consultation deadline was published. given as 23:59pm on 5 May 2016, which was 43 days after the publicity notice was published. The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 Procedure for establishing whether environmental impact assessment is required.

(1) A person who proposes to make an application for an order

granting development consent must, before carrying out Regulation 6 consultation under Section 42 (duty to consult) either –

(a) Request the Secretary of State to adopt a screening

opinion in respect of the development to which the application relates.

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(b) Notify the Secretary of State Highways England notified, through the Planning in writing that the person Inspectorate, the Secretary of State that it intended to proposes to provide an provide an environmental statement in respect of the environmental statement in Scheme on 16 January 2015. The Scoping Opinion is respect of that development. provided in Appendix 4.1 of the Environmental Statement.

Consultation statement requirements

10. The consultation statement prepared under Section 47 (duty The SOCC: to consult local community) must  States the Scheme requires an Environmental set out – Impact Assessment (EIA).  Advises environmental information will be Regulation (a) Whether the development for provided in the form of a Preliminary 10 which the applicant proposes Environmental Information Report (PEIR). to make an application for an  Details how the consultation on the PEIR will be order granting development carried out. consent is EIA development.

The SOCC is in Appendix A.3. (b) If that development is an EIA development, how the applicant intends to publicise and consult on the preliminary environmental information. Pre-application publicity under Section 48 (duty to publicise)

Where the proposed application for an order granting development consent is an application for EIA Highways England sent Section 42 consultees a Regulation development, the applicant must, copy of the Section 48 notice on 13 January 2016 11 at the same time as publishing and 29 March 2016. notice of the proposed application under Section 48(1), send a copy of that notice to the consultation bodies and to any person notified to the applicant in accordance with regulation 9(1)(c). Department for Communities and Local Government Planning Act 2008:Guidance on the pre-application process When circulating consultation Highways England consultation materials were documents, developers should be designed in a specific template and contained the clear about their status, for Scheme title and contact details. The consultation Para 17 example ensuring it is clear to the brochure and questionnaire and the updated public if a document is purely for consultation brochure all included introductions about purposes of consultation. the Scheme and the consultation process. A M20 junction 10a Steering Group was established Early involvement of local with Ashford Borough Council and Kent County communities, local authorities and Council. Para 18 statutory consultees can bring about significant benefits for all A M20 Community Steering Group was established parties. in order to inform and advise participants and for attendees to provide advice on local needs.

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A specific email address and project page was created for the Scheme. This enabled the community to contact the project team direct. Face-to-face meetings were held with community representatives. The pre-application consultation process is crucial to the effectiveness of the major infrastructure consenting regime. A thorough process can give the Highways England undertook a 15 month non- Secretary of State confidence that statutory engagement period. Extensive meetings issues that will arise during the 6 were carried out with landowners and statutory months examination period have bodies. Landowners allowed access for been identified, considered, and – environmental surveys assisting the completion of all as far as possible – that required environmental information gathering. applicants have sought to reach Para 19 agreement on those issues. Highways England worked in partnership with the local authorities, parish councils and community Without adequate consultation, groups to exchange information, comments and the subsequent application will ideas on the project. not be accepted when it is submitted. If the Secretary of A thorough consultation programme to include a State determines that the questionnaire provided important feedback on the consultation is inadequate, he or Schemes proposals. she can recommend that the applicant carries out further consultation activity before the application can be accepted. The community consultation brochure, questionnaire and display boards clearly set out the design Experience suggests that, to be of features, layout and location. The questionnaire most value, consultation should reflected the brochure to help consultees in providing be: feedback to Highways England.  Based on accurate information that gives The start of the consultations commenced 6 months consultees a clear view of in advance of the proposed application dates What is proposed including allowing time to review and amend the design Para 20 any options. accordingly.  Shared at an early enough stage so that the proposal can still be influenced, while being The consultation programme allowed consultees to sufficiently developed to engage face-to-face with the project Scheme, access provide some detail on what is details in their own homes and post questions being proposed. through a number of channels. All materials were  Engaging and accessible. produced to be accessible and easy to understand. Images and displays were designed to informative but not complicated. Consultation should be thorough, A 9 week consultation period was felt to be a effective and proportionate. Some sufficient period of time for the Section 42, 47 and 48 applicants may have their own consultations. This allowed for: distinct approaches to consultation, perhaps drawing on  Consultees to engage with Highways England 1 Para 25 their own or relevant sector or more times. experience, for example if there  Visit an exhibition. are industry protocols that can be  Facilitate invitation requests to attend community adapted. Larger, more complex events. applications are likely to need to  Allow consultees time to complete the go beyond the statutory minimum questionnaire.

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timescales laid down in the Planning Act to ensure enough Highways England supported a range of time for consultees to understand communication channels in support of consultees. project proposals and formulate a Where stated an email was sent in place of a postal response. Many proposals will letter and the stakeholder database incorporated require detailed technical input, multiple contacts. especially regarding impacts, so sufficient time will need to be allowed for this. Consultation should also be sufficiently flexible to respond to the needs and requirements of consultees, for example where a consultee has indicated that they would prefer to be consulted via email only, this should be accommodated as far as possible. The Planning Act requires certain bodies and groups of people to be consulted at the pre-application stage, but allows for flexibility in the precise form that consultation may take depending on local circumstances and the needs of the project itself. Sections 42 – 44 of the Planning Act and Regulations 11 set out details of who should be consulted, Highways England during the non-statutory and including local authorities, the formal statutory stages engaged with all parties as Marine Management Organisation required by the Planning Act 2008. In addition Para 26 (where appropriate), other Highways England identified and consulted with a statutory bodies, and persons wide range of non-statutory persons and groups to having an interest in the land to include residents living within the vicinity of the be developed.12 Section 47 in the Scheme. Planning Act sets out the applicant’s statutory duty to consult local communities. In addition, applicants may also wish to strengthen their case by seeking the views of other people who are not statutory consultees, but who may be significantly affected by the project. The Planning Act and Regulations set out the statutory consultees and prescribed people who must be consulted during the pre- application process. Many As part of the identification of specific interest groups statutory consultees are early engagement with the local area network team, responsible for consent regimes technology team and other specific operational teams where, under Section 120 of the with network and supporting knowledge was carried Para 27 Planning Act, decisions on those out. consents can be included within the decision on a Development Transport and wider environmental groups were also Consent Order. Where an identified and engaged with. applicant proposes to include non-planning consents within their Development Consent Order, the bodies that would normally be

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responsible for granting these consents should make every effort to facilitate this. They should only object to the inclusion of such non-planning consents with good reason, and after careful consideration of reasonable alternatives. It is therefore important that such bodies are consulted at an early stage. In addition, there will be a range of national and other interest groups who could make an important contribution during consultation. Applicants are therefore encouraged to consult widely on project proposals. Applicants will often need detailed technical input from expert bodies to assist with identifying and mitigating the social, environmental, design and economic impacts of projects, and other important matters. Technical expert input will often be needed in advance of formal compliance Early consultation with expert bodies assisted in with the pre-application identifying; Public Rights of Way requirements, requirements. Early engagement Para 29 signage changes and requirements, Section 47 with these bodies can help avoid consultation programme and environmental unnecessary delays and the costs mitigation and prevention measures. of having to make changes at later stages of the process. It is equally important that statutory consultees respond to a request for technical input in a timely manner. Applicants are therefore advised to discuss and agree a timetable with consultees for the provision of such inputs. The role of the local authority in such discussions should be to provide expertise about the make- up of its area, including whether people in the area might have Relevant local authorities provided early guidance on particular needs or requirements, Section 47 consultation during steering group whether the authority has meetings. identified any groups as difficult to

reach and what techniques might be appropriate to overcome In addition to the planning representatives at Ashford Para 38 barriers to communication. The Borough Council (ABC) Highways England worked in local authority should also provide partnership with ABCs communications team to advice on the appropriateness of ensure applicable techniques and channels were the applicant’s suggested utilised where appropriate. The ABC electoral team consultation techniques and were also consulted to provide guidance on local methods. The local authority’s aim postcode areas. in such discussions should be to ensure that the people affected by the development can take part in a thorough, accessible and

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effective consultation exercise about the proposed project. Where a local authority raises an Relevant local authorities were consulted on the issue or concern on the SOCC on 26 October 2015. A full response to the Statement of Community local authority comments on the SOCC were Consultation which the applicant provided. Chapter 5 contains a local authority Paras 41 - feels unable to address, the response to SOCC and Highways England’s 42 applicant is advised to explain in response table. their consultation report their course of action to the Secretary Highways England continued participation in the M20 of State when they submit their junction 10a Steering Group facilitated discussion for application. the consultation programme. It is the applicant’s responsibility As part of the identification of the Scheme area early to demonstrate at submission of land referencing was undertaken and a programme the application that due diligence of early discussions undertaken. The programme has has been undertaken in continued during the pre-application submission and identifying all land interests and identified additional parties. Para 50 applicants should make every

reasonable effort to ensure that the Book of Reference (which All known land interests have been consulted under records and categorises those Section 42 and Highways England will make every land interests) is up-to-date at the reasonable effort to ensure that the Book of time of submission. Reference is up-to-date at the point of submission. A community steering group was established to gain In consulting on project proposals, views from the community. The group included an inclusive approach is needed influential community representatives. to ensure that different groups have the opportunity to participate A variety of techniques were used to raise awareness and are not disadvantaged in the of the Scheme these included: process. Applicants should use a range of methods and techniques  Scheme webpage. Para 54 to ensure that they access all  Public exhibitions. sections of the community in  Information in community locations. question. Local authorities will be  Door-to-door letter drop. able to provide advice on what  Advertising in local papers. works best in terms of consulting  Press release distribution. their local communities given their  Radio interview. experience of carrying out  Social media through the local authority consultations in their area. channels.  Email prompts. Applicants must set out clearly what is being consulted on. They must be careful to make it clear to local communities what is settled and why, and what remains to be decided, so that expectations of local communities are properly A consultation brochure and public exhibition boards managed. Applicants could set out the design features of the Scheme. A prepare a short document Para 55 questionnaire was produced to help focus consultees specifically for local communities, responses on the areas Highways England were summarising the project keen to seek feedback on. proposals and outlining the matters on which the view of the local community is sought. This can describe core elements of the project and explain what the potential benefits and impacts may be. Such documents should

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be written in clear, accessible, and non-technical language. Applicants should consider making it available in formats appropriate to the needs of people with disabilities if requested. There may be cases where documents may need to be bilingual (for example, Welsh and English in some areas), but it is not the policy of the Government to encourage documents to be translated into non-native languages. The Statement of Community Consultation should act as a framework for the community consultation generally, for The SOCC included dates and location details of example, setting out where details events, details of deposit sites and information on and dates of any events will be response channels. published. The Statement of

Para 57 Community Consultation should be made available online, at any The SOCC advised that all consultation documents exhibitions or other events held by were available at all 9 viewing places as listed in the applicants. It should be placed at SOCC and all documents were available from 14 appropriate local deposit points January to 17 March 2019. (e.g. libraries, council offices) and sent to local community groups as appropriate. Applicants are required to The Section 48 publicity took place to coincide with publicise their proposed the start of Section 42 and 47 consultations. Local application under Section 48 of publicity table: the Planning Act and the Regulations and set out the detail Date Newspaper of what this publicity must entail. Kentish Express series to This publicity is an integral part of 7 January 2016 include Folkestone & Hythe the public consultation process. Express. Where possible, the first of the 2 required local newspaper Kentish Express series to Para 58 advertisements should coincide 14 January 2016 include Folkestone & Hythe approximately with the beginning Express. of the consultation with communities. However, given the Ashford Herald series to detailed information required for 14 January 2016 include Folkestone Herald the publicity in the Regulations, and Dover Express. aligning publicity with consultation may not always be possible, Ashford Herald series to especially where a multi-stage 21 January 2016 include Folkestone Herald consultation is intended. and Dover Express.

To realise the benefits of A 9 week consultation period was provided for the consultation on a project, it must community consultation. This allowed the community take place at a sufficiently early time to view the proposals, ask questions and submit stage to allow consultees a real a response. Para 68 opportunity to influence the proposals. At the same time, Nine weeks were also provided for Section 42 and 48 consultees will need sufficient consultees. The time duration for Section 42 information on a project to be able facilitated on-going meetings and dialogue.

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to recognise and understand the impacts. The timing and duration of consultation will be likely to vary from project to project, depending on size and complexity, and the range and scale of the impacts. The Planning Act requires a consultation period of a minimum of 28 days from the day after receipt of the consultation documents. It is expected that this may be sufficient for projects which are straightforward and uncontroversial in nature. But many projects, particularly larger A 9 week period of consultation was chosen by Para 72 or more controversial ones, may Highways England for Sections 42, 47 and 48. All require longer consultation consultations ran concurrently. periods than this. Applicants should therefore set consultation deadlines that are realistic and proportionate to the proposed project. It is also important that consultees do not withhold information that might affect a project, and that they respond in good time to applicants. Where responses are not received by the deadline, the applicant is not obliged to take those responses into account. Applicants are not expected to repeat consultation rounds set out in their Statement of Community Consultation unless the project proposals have changed very substantially. However, where The project has not changed significantly as a result proposals change to such a large of consultation, however, Highways England felt the degree that what is being taken Red Line Boundary had changed sufficiently enough forward is fundamentally different to run a second Section 48 consultation. With from what was consulted on, guidance from PINs Highways England also took the further consultation may well be opportunity to publish additional information Para 73 needed. This may be necessary concerning traffic flows and the Stour Park alternative if, for example, new information access. arises which renders all previous options unworkable or invalid for An additional second Section 42 land interests some reason. When considering consultation was carried out following further land the need for additional investigation work. consultation, applicants should use the degree of change, the effect on the local community and the level of public interest as guiding factors. Consultation should also be fair Highways England took regard from local experts in and reasonable for applicants as planning the consultation programme. An open well as communities. To ensure Para 77 invitation for Highways England to attend local events that consultation is fair to all promoted a fair and flexible programme. parties, applicants should be able to demonstrate that the

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consultation process is Highways England continued discussions with the proportionate to the impacts of the local authorities, environmental bodies and utility project in the area that it affects, company during the consultation process and after. takes account of the anticipated level of local interest, and takes account of the views of the relevant local authorities. A response to points raised by consultees with technical information is likely to need to focus on the specific impacts for which the body has expertise. The applicant should make a judgement as to whether the consultation report provides The consultation report, where appropriate, directs Para 84 sufficient detail on the relevant the reader to the specific DCO documents which impacts, or whether a targeted contain the relevant technical information. response would be more appropriate. Applicants are also likely to have identified a number of key additional bodies for consultation and may need to continue engagement with these bodies on an individual basis.

Table 11-2 Compliance with the SOCC

Requirement Compliance The community consultation will run for a period The consultation was launched on Thursday 14 of 9 weeks, from Thursday 14 January to January and concluded on Thursday 17 March 2016. Thursday 17 March 2016. The Community consultation process Community consultation is a process by which the community, those people who are directly and Chapter 6 sets out the results of the consultation. The indirectly affected by the Scheme, are invited to consultation questionnaire was available online and participate and respond to the Scheme open to anyone who wished to respond. proposals. An 8-page consultation questionnaire was created and designed in 5 question sections to seek views on the 3 core Scheme areas, capture feedback on Highway England’s consultation process and prior Scheme consultation. The full questionnaire covered the following topics:  Section A; About the Scheme – Scheme objectives, the 3 core Scheme design areas and related feature, Scheme impact on various A consultation questionnaire will accompany the groups. consultation process.  Section B; About the consultation – awareness and previous consultation.  Section C; How you travel – type and time of travel.  Section D; General feedback – on the Scheme.  Section E; About you – age and gender.

The questionnaire was available at public exhibitions, deposit sites, online and by request. A ‘Quick

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Reponses’ barcode was also used for people to access the questionnaire via mobile devices. What we will consult on? A 16-page full colour document provided on the Scheme history, the proposed Scheme and its objectives and features of the proposed Scheme, describing the 3 core areas. A traffic modelling presentation provided traffic flows ‘with’ and ‘without’ the Scheme. Display boards provided support We will provide detailed information on the information on project timescales, Scheme proposed preferred route on which we are development, what Highways England are proposing seeking your views. Consultation materials will and construction information. contain information on the proposed junction and link road layout and access arrangements, including design development since the preferred A Preliminary Environmental Information Report - route announcement. Executive Summary 2016 provided environmental information on environmental assessments and potential environmental effects.

All materials were available at public exhibitions, deposit sites, online and by request. How can I find out more about the

community consultation? Written communications – we’ll be promoting the consultation through a door-to-door letter drop to 17,462 residents and businesses located within A community door-to-door letter drop was sent to the Scheme location to include the parishes of 17,462 addresses in the ‘TN’ area. 70 letters were Mersham, Sevington, Wye and Hinxhill. We will sent to non-statutory stakeholder and community be writing to stakeholder organisations and groups advising them of the consultation. Some 5,998 special interest groups. Additionally, we will be registered website users received an update prompt emailing those individuals who are registered on to visit the Scheme page. the Scheme webpages to receive further communications. Visit Scheme web pages at: www.highways.gov.uk/M20J10a. This will include copies of the consultation material, including the A Scheme page was set up and updated with the full brochure, questionnaire, Scheme layout plan, suite of consultation material. Preliminary Environmental Information Report, consultation event boards and this SOCC. Public exhibitions – a series of public exhibitions will be held between 14 January to 17 March 2016 where visitors will be able to view the Scheme proposals and images, talk with the project team and complete a questionnaire. Scheme information and members from the project Details of the public exhibitions are listed below team were available at all 3 events. An additional 3 and will be advertised in the Ashford Herald, events were attended by invitation. All details of the Kentish Express and Folkestone & Hythe events were available on the Schemes webpage. Express on Thursday 31 December 2015 and Thursday 7 January 2016. This is available to review on the Scheme website: www.highways.gov.uk/m20j10a. The New Ashford Market (Amos Hall), Ashford TN24 0HB: Thursday 21 January, 12:00 to 20:00 Events took place. 414 attended. Friday 22 January, 10:00 to 20:00 Saturday 23 January 09.30 to 15:30

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ASDA, Kimberley Way, Ashford TN24 0SE: Wednesday 3 February, 11:00 to 15:00 Event took place. Estimated 50 attended.

Ashford Designer Outlet, Kimberley Way, Ashford TN24 0SD: Event took place. Estimated 50 attended. Wednesday 10 February, 11:00 to 15:00 Public viewing places – consultation materials can be viewed and collected at community locations. Details are listed below.  William Harvey Hospital, Kennington Road, Ashford TN24 0LZ.  Willesborough Post Office, 65 Church Road, Ashford, TN24 0JZ.  Mersham Stores and Post Office, 8 The Street, Ashford, TN25 6NA.  Ashford Gateway Plus, Church Road, The consultation documents were available at all 9 Ashford, TN23 1AS. viewing places as listed in the SOCC. All documents  Ashford Cattle Market, Orbital Park, Ashford, were available from 14 January to 17 March 2019. TN24 0HB.  Ashford Borough Council Offices, Civic Centre, Tannery Lane, Ashford, TN23 1PL.  Willesborough Garden Centre, Hythe Road, Willesborough, Ashford, TN24 0NE.  Brabourne Lees Village Shop and Post Office, Lees Road, Brabourne Lees, Ashford, TN25 6QE.  Kent County Council, County Hall, Maidstone, ME14 1XQ. Ashford Borough Council – we will be promoting the consultation in Root & Branch, Ashford Voice, Ashford Borough Councils promoted the Schemes Business News and on Ashford Borough through all listed publications. Council’s website. How to respond to the consultation? Attend a public consultation exhibition where you All public exhibition events took place and were can meet the project team and complete a manned by members of the project team. consultation questionnaire. Complete the consultation questionnaire online The questionnaire was available to complete online at: www.highways.gov.uk/M20J10a. from 14 January to 17 March 2016. Attend a single day event at a community All public exhibition events took place and were location. manned by members of the project team. Collect a consultation questionnaire at 1 of the public viewing places and post it to; M20 Jct 10a, Hard copy consultation questionnaires were available Highways England, Bridge House, 1 Walnut Tree at all events. Close, Guildford, GU1 4LZ. The email address was active throughout the Email: [email protected]. consultation period. Write to us at M20 Jct 10a, Highways England, The address was open throughout the consultation Bridge House, 1 Walnut Tree Close, Guildford, period. GU1 4LZ. Call 0300 123 5000 (09:00 to 17:00, Monday to The phone line (Highways England HAIL system) was Friday). manned during the consultation period. If you would like a representative at a local event Highways England received 3 requests to attend please get in touch. community events.

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11.4.2 Highways England, as described above, has complied with the Act, relevant regulations and guidance in relation to the DCO pre-application process. Highways England has also carried out consultation in accordance with the actions and proposals set out in the SOCC.

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