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A38 Derby Junctions TR010022 8.84 Applicant's Responses To

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A38 Derby Junctions TR010022 8.84 Applicant's Responses To A38 Derby Junctions TR010022 8.84 Applicant’s Responses to Information or Submissions Received by Deadline 6 Planning Act 2008 Rule 8 (1)(k) The Infrastructure Planning (Examination Procedure) Rules 2010 Volume 8 March 2020 A38 Derby Junctions Development Consent Order Applicant’s Comments on any Additional Information or Submissions Received by Deadline 6 Infrastructure Planning Planning Act 2008 The Infrastructure Planning (Examination Procedure) Rules 2010 A38 Derby Junctions Development Consent Order 202[ ] Applicant’s Responses to Information or Submissions Received by Deadline 6 Regulation Number Rule 8(1)(k) Planning Inspectorate Scheme TR010022 Reference Document Reference TR010022/APP/8.84 Author A38 Derby Junctions Project Team, Highways England Version Date Status of Version Version 1 10 March 2020 Submission at Deadline 7 Planning Inspectorate Scheme Ref: TR010022 Document Ref: TR010022/APP/8.84 A38 Derby Junctions Development Consent Order Applicant’s Comments on any Additional Information or Submissions Received by Deadline 6 Table of Contents 1 Woodland trust 2 Carol Leake 3 S Wheeler 4 Sarah Fowler 5 Anne Morgan 6 Dr John Spincer 7 Dr David Young 8 Pauline Inwood 9 Graham McCulloch 10 Nick Arran 11 Diana Bruce 12 Ian Beck 13 R.L. Dodd 14 Jane Temple 15 Stephanie Dobson 16 Phil Moss 17 Ian Evans 18 Derby Friends of the Earth 19 Derby City Council 20 Derbyshire County Council 21 Environment Agency 22 Derby Climate Coalition 23 Euro Garages Limited 24 Derby Cycling Group 24 McDonald’s restaurants Ltd 25 Erewash Borough Council Planning Inspectorate Scheme Ref: TR010022 Document Ref: TR010022/APP/8.84 A38 Derby Junctions Development Consent Order Applicant’s Comments on any Additional Information or Submissions Received by Deadline 6 Applicant’s Responses to Information or Submissions Received by Deadline 6 This document provides the comments of Highways England (the Applicant) on some of the responses made by Interested Parties to the Planning Inspectorate on Deadline 6, 03 March 2020 in respect of the A38 Derby Junctions scheme (the Scheme) Development Consent Order (DCO) application. The Applicant has sought to provide comments where it appeared to be helpful to the Examination to do so, for instance where a response includes a request for further information or clarification from the Applicant or where the Applicant consider that it would be appropriate for the Examining Authority (ExA) to have the Applicant’s comments on a matter raised by an Interested Party in its response. Where an issue raised within a response has been dealt with previously by the Applicant, for instance in the Applicant’s own response to a question posed by the ExA or within one of the documents submitted to the Examination, a cross reference to that response or document is provided to avoid unnecessary duplication. The information provided in this document should, therefore, be read in conjunction with the material to which cross references are provided. The Applicant has not provided comments on every response made by an Interested Party to the questions raised. In some cases, no comments have been provided, for instance, because the response provided a short factual response, it reiterated previously expressed objections in principle to the Scheme or expressions of opinion without supporting evidence, or it simply contradicted the Applicant’s previous response to a question without providing additional reasoning. For the avoidance of doubt, where the Applicant has chosen not to comment on matters raised by Interested Parties this is not an indication that the Applicant agrees with the point or comment raised or opinion expressed in that response. Planning Inspectorate Scheme Ref: TR010022 Document Ref: TR010022/APP/8.84 A38 Derby Junctions Development Consent Order Applicant’s Comments on any Additional Information or Submissions Received by Deadline 6 Source Comment Applicant’s Response 1) Woodland Trust Veteran trees Comments are noted. As detailed in the National Policy AS-049 Natural England’s Standing Advice on veteran Statement for National Networks (NPSNN) where veteran trees states that they “can be individual trees or trees would be affected by a development, the applicant groups of trees within wood pastures, historic needs to set out proposals for their conservation or, where parkland, hedgerows, orchards, parks or other their loss is unavoidable, the reasons for this. areas. They are often found outside ancient As detailed in Environmental Statement (ES) Chapter 8: woodlands. They are irreplaceable habitats with Biodiversity [APP-046] there are number of veteran trees in some or all of the following characteristics… A the vicinity of the Scheme and located within the Scheme veteran tree may not be very old, but it has decay DCO boundary. All veteran trees within the Scheme DCO features, such as branch death and hollowing. boundary would be retained and appropriately protected in These features contribute to its biodiversity, accordance with the Outline Envrionmental Management cultural and heritage value.” Plan (OEMP) [REP6-007], other than the veteran tree (T358) located near the existing Markeaton footbridge The proposed scheme will result in the loss of a which would be unavoidably lost due to the Scheme. veteran oak tree recorded as T358 within the The reasons for the unavoidable loss of this veteran tree Arboricultural Impact Assessment Report to are described in the Technical Note: Veteran Tree Loss facilitate the re-location of the Markeaton public T358 (examination document ref.8.85). footbridge. Therefore, the Trust would like to lodge an objection to this application. In terms of the NPS NN, the loss of the veteran tree should be weighed in the balance against the clear national and National planning policy and guidance local need for the development coupled with the significant The National Planning Policy Framework, benefits of that the Scheme will bring, including unlocking paragraph 175 states: “When determining planning Planning Inspectorate Scheme Ref: TR010022 Document Ref: TR010022/APP/8.84 A38 Derby Junctions Development Consent Order Applicant’s Comments on any Additional Information or Submissions Received by Deadline 6 Source Comment Applicant’s Response applications, local planning authorities should future investment in the City of Derby and the time savings apply the following principles: c) development a less congested route will bring. resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons58 and a suitable compensation strategy exists;” Paragraph 5.32 of the National Policy Statement for National Networks states: “The Secretary of State should not grant development consent for any development that would result in the loss or deterioration of irreplaceable habitats including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the national need for and benefits of the development, in that location, clearly outweigh the loss. Aged or veteran trees found outside ancient woodland are also particularly valuable for biodiversity and their loss should be avoided. Where such trees would be affected by development proposals, the applicant should set out proposals for their conservation or, where their loss is unavoidable, the reasons for this.” Planning Inspectorate Scheme Ref: TR010022 Document Ref: TR010022/APP/8.84 A38 Derby Junctions Development Consent Order Applicant’s Comments on any Additional Information or Submissions Received by Deadline 6 Source Comment Applicant’s Response Natural England’s Standing Advice for protecting veteran trees is as follows: “A buffer zone around an ancient or veteran tree should be at least 15 times larger than the diameter of the tree. The buffer zone should be 5m from the edge of the tree’s canopy if that area is larger than 15 times the tree’s diameter.” Impact of proposals The following scheme will result in the direct loss of a veteran oak tree. It is essential that no trees displaying ancient/veteran characteristics are lost or damaged as part of the project, as any loss would be highly deleterious to the wider environment of veteran trees within close proximity, which may harbour rare and important species. Conclusion In summary, the Woodland Trust requests that the veteran tree T358 is retained and afforded a Root Protection Area (RPA) in line with Natural England’s Standing Advice. The Trust will remain opposed to the proposed project unless the scheme is revised to address our concerns. We consider the scheme is currently Planning Inspectorate Scheme Ref: TR010022 Document Ref: TR010022/APP/8.84 A38 Derby Junctions Development Consent Order Applicant’s Comments on any Additional Information or Submissions Received by Deadline 6 Source Comment Applicant’s Response in direct contravention of national planning policy due to the loss and damage to irreplaceable habitats. 2) Carol Leak The Transport Assessment report [REP3-005] refers to the Transport assessment report (1) 8.1 AS-048 Ford Lane closure at paragraph 4.4.5 item (f). This road The proposed works would involve the closure of closure is required to safely facilitate the creation of the Ford Lane onto the A38 just before the Little Eaton eastbound diverge and the slip road to connect with the roundabout. improved Little Eaton grade separated roundabout. The anticipated traffic impacts of the Ford Lane closure are 8.4.5 described in this document at section 8.4. As a result of the above, travel to and from the The representation refers to the potential to increase delays residential area west of the A6 would be restricted to the bus services along this major route. There are many to two junctions with the A6, at Ford Lane and bus services that use the A6 Duffield Road, primarily these Derwent Ave. This would increase traffic at these are “the Sixes” services operated by ‘trentbarton’ buses. junctions, increasing delays and most importantly However, there are also some bus services (No.17, No.
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