The Planning Act 2008 Lake Lothing Third Crossing
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The Planning Act 2008 Lake Lothing Third Crossing Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport Examining Authority David Morgan BA MA (T&CP) MA (Bld Con IoAAS) MRTPI IHBC – Lead Member Stephen Roscoe BEng MSc CEng MICE – Panel Member 5 September 2019 This page is intentionally blank OVERVIEW File Ref: TR010023 The application for the Lake Lothing Third Crossing (the Proposed Development), dated 3 July 2018, was made under section 37 of the Planning Act 2008 and received in full by the Planning Inspectorate on 13 July 2018. The Applicant is Suffolk County Council. The application was accepted for examination on 9 August 2018. The examination of the application began on 5 December 2018 and was completed on 5 June 2019. The Proposed Development comprises a new multi-span single carriageway opening bascule bridge highway crossing which, via associated approach roads and new roundabout junctions connecting into the existing road network, would link the areas north and south of Lake Lothing, Lowestoft. The opening bascule bridge design, facilitated by a bridge control tower on the south quay, would enable large vessels to continue to use the Port of Lowestoft. The Proposed Development also includes new mooring within the inner harbour for recreational vessels. The Proposed Development would accommodate all types of vehicular traffic as well as non-motorised users, such as cyclists and pedestrians. It would also include a new access road linking Waveney Drive to Riverside Road on the south side of Lake Lothing. Summary of recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form attached. Lake Lothing Third Crossing TR010023 REPORT TO THE SECRETARY OF STATE: 5 SEPTEMBER 2019 i REPORT TABLE OF CONTENTS 1. INTRODUCTION 1 1.1. INTRODUCTION TO THE APPLICATION AND THE EXAMINATION 1 1.2. THE EXAMINING AUTHORITY 3 1.3. THE PERSONS INVOLVED IN THE EXAMINATION 3 1.4. THE EXAMINATION AND PROCEDURAL DECISIONS 3 1.5. ENVIRONMENTAL IMPACT ASSESSMENT 8 1.6. HABITATS REGULATIONS ASSESSMENT 9 1.7. UNDERTAKINGS, OBLIGATIONS AND AGREEMENTS 9 1.8. OTHER CONSENTS 9 1.9. CHANGES TO THE APPLICATION 10 1.10. STRUCTURE OF THIS REPORT 10 2. THE PROPOSED DEVELOPMENT 12 2.1. THE PROPOSED DEVELOPMENT 12 2.2. THE SITE 13 2.3. THE SURROUNDINGS 15 2.4. RELEVANT PLANNING HISTORY 16 3. LEGAL AND POLICY CONTEXT 17 3.1. INTRODUCTION 17 3.2. THE PLANNING ACT 2008 AND NATIONAL POLICY STATEMENTS 17 3.3. MARINE AND COASTAL ACCESS ACT 2008 AND UK MARINE POLICY STATEMENT 19 3.4. EUROPEAN LAW AND RELATED UK REGULATIONS 21 3.5. OTHER LEGAL AND POLICY PROVISIONS 22 3.6. MADE DEVELOPMENT CONSENT ORDERS 25 3.7. TRANSBOUNDARY EFFECTS 26 3.8. THE DEVELOPMENT PLAN 27 4. THE PLANNING ISSUES 29 4.1 MAIN ISSUES IN THE EXAMINATION 29 4.2. ISSUES ARISING IN WRITTEN SUBMISSIONS 30 4.3. ISSUES ARISING IN LOCAL IMPACT REPORTS 31 4.4. CONFORMITY WITH NATIONAL POLICY STATEMENTS 32 4.5. CONFORMITY WITH THE MARINE POLICY STATEMENT AND MARINE PLANS 33 4.6. CONFORMITY WITH DEVELOPMENT PLANS 34 4.7. THE PRINCIPLE OF THE DEVELOPMENT 34 4.8. ENVIRONMENTAL IMPACT ASSESSMENT 35 4.9. CONCLUSIONS ON CHAPTER 4 36 4.10. HABITATS REGULATIONS ASSESSMENT 37 Lake Lothing Third Crossing TR010023 REPORT TO THE SECRETARY OF STATE: 5 SEPTEMBER 2019 ii 5. FINDINGS AND CONCLUSIONS IN RELATION TO THE 38 PLANNING ISSUES 5.1. INTRODUCTION 38 5.2. NOISE 38 5.3. AIR QUALITY 42 5.4. WATER QUALITY 44 5.5. TRAFFIC AND TRANSPORTATION 44 5.6. OTHER ENVIRONMENTAL MATTERS (FLOOD RISK, HISTORIC ENVIRONMENT, 48 BIODIVERSITY AND DESIGN) 5.7. NAVIGATION (RECREATION AND LEISURE-RELATED NAVIGATION AND 51 COMMERCIAL PORT-RELATED NAVIGATION) 5.8. THE EFFECT OF THE PROPOSED DEVELOPMENT ON THE OPERATION OF THE 52 PORT 6. FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS 79 REGULATIONS ASSESSMENT 6.1. INTRODUCTION 79 6.2. PROJECT LOCATION 80 6.3. HRA IMPLICATIONS OF THE PROJECT 80 6.4. ASSESSMENT OF LIKELY SIGNIFICANT EFFECTS (LSE) 82 6.5. CONSERVATION OBJECTIVES 85 6.6. FINDINGS IN RELATION TO ADVERSE EFFECTS ON INTEGRITY (AEoI) 85 6.7. HRA CONCLUSIONS 86 7. CONCLUSION ON THE CASE FOR DEVELOPMENT CONSENT 87 7.1. MATTERS IN FAVOUR OF THE DEVELOPMENT 87 7.2. THE IMPACTS OF THE PROPOSED DEVELOPMENT 88 7.3. THE PLANNING BALANCE 89 8. COMPULSORY ACQUISITION AND RELATED MATTERS 91 8.1. INTRODUCTION 91 8.2. THE REQUEST FOR COMPULSORY ACQUISITION AND TEMPORARY POSSESSION 91 POWERS 8.3. THE PURPOSES FOR WHICH LAND IS REQUIRED 93 8.4. LEGISLATIVE REQUIREMENTS 95 8.5. EXAMINATION OF THE COMPULSORY ACQUISITION AND TEMPORARY 96 POSSESSION CASE 8.6. EXAMINING AUTHORITY’S CONSIDERATIONS 145 8.7. CONCLUSIONS 152 9. DRAFT DEVELOPMENT CONSENT ORDER AND RELATED 155 MATTERS 9.1. INTRODUCTION 155 9.2. CHANGES DURING THE EXAMINATION 155 9.3. STRUCTURE OF THE DRAFT DCO 156 9.4. THE EXAMINING AUTHORITY’S EXAMINATION OF THE DRAFT DCO 157 Lake Lothing Third Crossing TR010023 REPORT TO THE SECRETARY OF STATE: 5 SEPTEMBER 2019 iii 9.5. THE APPLICANT’S PROPOSED CHANGES TO THE DRAFT DCO IMMEDIATELY 162 PRIOR TO THE CLOSURE OF THE EXAMINATION 9.6. DCO AMENDMENTS SHOULD CROWN LAND CONSENT NOT BE OBTAINED 162 9.7. CONCLUSIONS 163 10. SUMMARY OF FINDINGS AND CONCLUSIONS 164 10.1. INTRODUCTION 164 10.2. CONSIDERATION OF FINDINGS AND CONCLUSIONS 164 10.3. RECOMMENDATIONS 165 APPENDIX A: THE EXAMINATION ...........................................................................II APPENDIX B: EXAMINATION LIBRARY ................................................................... IX APPENDIX C: LIST OF ABBREVIATIONS ............................................................. LXIV APPENDIX D: THE RECOMMENDED dDCO ............................................................LXX Lake Lothing Third Crossing TR010023 REPORT TO THE SECRETARY OF STATE: 5 SEPTEMBER 2019 iv ERRATA SHEET – Lake Lothing Third Crossing - Ref TR010023 Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport, dated 5 September 2019 Corrections agreed by the Examining Authority prior to a decision being made Page Paragraph Error Correction No. 1 1.1.2 “mooring” “moorings” 50 5.7.1 “matter” “matters” 54 5.8.14 Delete “liabilities” in Replace with “responsibilities” 2nd bullet point 127 8.5.183 Delete Replace with “r” “recommended” as abbreviation previously used Under list of Abbreviations – add: NRA – Navigation Risk assessment SCI – Sites of Community Importance 1. INTRODUCTION 1.1. INTRODUCTION TO THE APPLICATION AND THE EXAMINATION 1.1.1. The application for the Lake Lothing Third Crossing (the Proposed Development) was submitted to the Planning Inspectorate by Suffolk County Council (the Applicant) on 13 July 2018 under section (s)31 of the Planning Act 2008 (the PA2008). It was accepted for examination under s55 of the PA2008 on 9 August 2018 [PD-0021]. 1.1.2. The Proposed Development comprises a new multi-span single carriageway opening bascule bridge highway crossing which, via associated approach roads and new roundabout junctions connecting into the existing road network, would link the areas north and south of Lake Lothing, Lowestoft. The opening bascule bridge design, facilitated by a bridge control tower on the south quay, would enable large vessels to continue to use the Port of Lowestoft. The Proposed Development also includes new mooring within the inner harbour for recreational vessels. The Proposed Development would accommodate all types of vehicular traffic as well as non-motorised users, such as cyclists and pedestrians. It would also include a new access road linking Waveney Drive to Riverside Road on the south side of Lake Lothing [APP-003]. 1.1.3. The location of the Proposed Development is shown on the Location Plan [APP-012] and Land Plans, final updated versions of which were received at Deadline 10 in the Examination Timetable [REP10-014, REP10-015, REP10-016, REP10-17, REP10-18]. At the time that the application was made, the site lay within the administrative boundaries of Waveney District Council and Suffolk County Council [REP10-009]. However, in the course of the Examination, on 1 April 2019 East Suffolk Council was created, consolidating and replacing Suffolk Coastal District Council and Waveney District Council. The Proposed Development is wholly within England. 1.1.4. The stated objectives of the Proposed Development are: ▪ to open-up opportunities for regeneration and development in Lowestoft; ▪ to provide the capacity needed to accommodate planned growth; ▪ to reduce community severance between north and south Lowestoft; ▪ to reduce congestion and delay on the existing bridges over Lake Lothing; ▪ to reduce congestion in the town centre and improve accessibility; ▪ to encourage more people to walk and cycle, and reduce conflict between cycles, pedestrians and other traffic; ▪ to improve bus journey times and reliability; and 1 References in square brackets are to documents in the Examination Library, available here: https://infrastructure.planninginspectorate.gov.uk/wp- content/ipc/uploads/projects/TR010023/TR010023-000447- Examination%20Library%20-%20PDF%20Version.pdf LAKE LOTHING THIRD CROSSING TR010023 REPORT TO THE SECRETARY OF STATE: 5 SEPTEMBER 2019 1 ▪ to reduce accidents [APP-091]. 1.1.5. Other benefits of the Proposed Development include: ▪ an iconic bridge design developed with a ‘marine tech’ concept which references both Lowestoft’s past as well as its growing role in the energy sector; ▪ a high-quality public realm, additional public space and landscaping; and ▪ benefits to the Port of Lowestoft and its customers and supply chain as a result of a reduction in congestion, improved journey times and journey time reliability [APP-091]. 1.1.6. The legislative tests for whether the Proposed Development is a Nationally Significant Infrastructure Project (NSIP) were considered by the Secretary of State for the Ministry of Housing, Communities and Local Government (SoSMHCLG) in its decision to accept the application for examination in accordance with s55 of the PA2008 [PD-002].