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A21 Tonbridge to Pembury Dualling Scheme Inspector's Report

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A21 Tonbridge to Pembury Dualling Scheme Inspector's Report Report to the Secretaries of State for Transport & Communities and Local Government by Jane V Stiles BSC(Hons)Arch DipArch RIBA DipLA CMLI PhD MRTPI an Inspector appointed by the Secretaries of State for Transport and for Communities and Local Government Date: 9 December 2013 Government HIGHWAYS ACT 1980 ACQUISITION OF LAND ACT 1981 A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING) ORDER 20.. THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING) (DETRUNKING) ORDER 20.. THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING SIDE ROADS) ORDER 20.. THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING) COMPULSORY PURCHASE ORDER 20.. THE A21 TRUNK ROAD (TONBRIDGE BYPASS TO PEMBURY BYPASS DUALLING) ORDER 1996 (REVOCATION) ORDER 20.. THE A21 TRUNK ROAD (TONBRIDGE BYPASS TO PEMBURY BYPASS DUALLING SIDE ROADS) ORDER 1996 (REVOCATION) ORDER 20.. THE A21 TRUNK ROAD (TONBRIDGE BYPASS TO PEMBURY BYPASS DUALLING SLIP ROADS) ORDER 1996 (REVOCATION) ORDER 20.. THE A21 TRUNK ROAD (TONBRIDGE BYPASS TO PEMBURY BYPASS DUALLING) (DETRUNKING) ORDER 1996 (REVOCATION) ORDER 20.. The proposed scheme also involves the proposed demolition of a grade II listed farmhouse and barn and curtilage buildings owned by the Secretary of State for Transport, having been acquired under blight. Applications for consent to demolish were made to Tunbridge Wells Borough Council because of the loss of Crown immunity for such things. The applications have been called in by the Secretary of State for Communities and Local Government and are to be considered concurrently with the draft Highways Act Orders. Their references are APP/M2270/V/10/2126410 & /2127645. Inquiry Dates: 14-17 May, 21-24 May, 30-31 May, 7 June, and 8 & 9 July 2013 Ref: DPI/W2275/10/05 LI and M2270/V/10/2126410 & 2127645 TABLE OF CONTENTS 1. PROCEDURAL MATTERS…………………………………………………… 2. INTRODUCTION…………………………………………………………….. 3. DESCRIPTION OF THE SITE AND ITS SURROUNDINGS……….. 4. THE CASE FOR THE HIGHWAYS AGENCY………………………….. 5. THE CASES FOR THE SUPPORTERS…………………………………. 6. THE CASES FOR THE OBJECTORS 7. THE CASES FOR ADDITIONAL REPRESENTATIONS……………. 8. THE CASES FOR THE ALTERNATIVE PROPOSAL SUPPORTERS………………………………………………………………… 9. THE CASE FOR THE COUNTER-OBJECTORS…........................ 10. THE RESPONSE OF THE HIGHWAYS AGENCY…………………… 11. INSPECTOR’S CONCLUSIONS…………………………………..... 12. RECOMMENDATIONS…………………………………………………. APPENDIX 1: Appearances at the Inquiry APPENDIX 2: Inquiry Documents List APPENDIX 3: Highways Agency Deposited Documents APPENDIX 4: Highways Agency Statement of Case, Proofs of Evidence and Appendices APPENDIX 5: Rebuttal documents and other documents submitted by the Highways Agency during the Inquiry APPENDIX 6: Further details of Listed Building Consent Applications APPENDIX 7: Suggested conditions in respect of Listed Building Consent Applications APPENDIX 8: Lists giving status of Objectors, Supporters and other Representors at close of Inquiry. www.planningportal.gov.uk Ref: DPI/W2275/10/05 LI and M2270/V/10/2126410 & 2127645 ACRONYMS AND ABBREVIATIONS USED IN THE REPORT 24/7 24 hours a day, 7 days a week A2H Multi Modal Study for Access to Hastings AADT Annual Average Daily Traffic AONB Area of Outstanding Natural Beauty APS Alternative Proposal Supporter AQMA Air Quality Management Area AOD Above Ordnance Datum AW Ancient Woodland BCR Benefit Cost Ratio BMV Best and Most Versatile BP Balancing Pond CPRE Campaign to Protect Rural England CEMP Construction Environmental Management Plan COBA Cost Benefit Appraisal COBJ Counter-objector CPO Compulsory Purchase Order CRTN Calculation of Road Traffic Noise dB Decibels DD Deposited Document DfT Department for Transport DIADEM Dynamic Integrated Assignment and DEmand Modelling DMRB Design Manual for Roads and Bridges Doc Document EA Environment Agency EIA Environmental Impact Assessment EH English Heritage ES Environmental Statement EWGS English Woodland Grant Scheme FRA Flood Risk Assessment HA Highways Agency ha Hectares HE Hadlow Estates HGV Heavy goods vehicle HLS Higher Level Stewardship IDB Internal Drainage Board KCC Kent County Council km Kilometres kph Kilometres per hour KWT Kent Wildlife Trust LB Listed Building LDF Local Development Framework LEP Local Enterprise Partnership LTP3 (Kent) Local Transport Plan 3 LWS Local Wildlife Site MDRA Matfield and District Riders Association m Metres MGB Metropolitan Green Belt mph miles per hour NATA New Approach to Appraisal NE Natural England NMU Non-motorised user NPPF The National Planning Policy Framework NPV Net present value www.planningportal.gov.uk Ref: DPI/W2275/10/05 LI and M2270/V/10/2126410 & 2127645 NSOBJ Non Statutory Objector NTEM National Trip End Model PIM Pre-inquiry meeting PI Public Inquiry PINS The Planning Inspectorate PO Programme Officer PoE Proof of Evidence PFS Petrol Filling Station PMA Private means of access PMS Programme of Major Schemes PPG Planning Policy Guidance Note PPS Planning Policy Statement PRoW Public Rights of Way QUADRO Queues And Delays at Roadworks Obj Objection Rep Representation RIU Regional Intelligence Unit RSPB Royal Society for the Protection of Birds RTB South East Regional Assembly's Transport Board SAM Scheduled Ancient Monument SATURN Simulation and Assignment of Traffic in Urban Road Networks SCG Statement of Common Ground SECAT South East Coast Ambulance Trust SOBJ Statutory Objector SoS Secretary of State m2 Square metres SR Spending Review SRO Side Roads Order pSSSI Proposed Site of Special Scientific Interest S Supporter TAME Traffic Appraisal, Modelling and Economics - a division of the Highways Agency that assesses the suitability of any traffic model developed to support a scheme TEE Transport Economic Efficiency TPI Targeted Programme of Improvements TUBA Transport Users Benefit Appraisal T&MBC Tonbridge & Malling Borough Council TWBC Tunbridge Wells Borough Council URS URS Engineering and Environmental Consultants vpd Vehicles per day WebTAG Web based Transport Analysis Guidance www.planningportal.gov.uk Ref: DPI/W2275/10/05 LI and M2270/V/10/2126410 & 2127645 CASE DETAILS THE TRUNK ROAD ORDER THE DRAFT TRUNK ROAD ORDER WOULD BE MADE UNDER SECTIONS 10 AND 41 OF THE HIGHWAYS ACT 1980, AND IS KNOWN AS THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING) ORDER 20.. (DD A2) THE ORDER WAS PUBLISHED ON 11 DECEMBER 2009 THE ORDER WOULD AUTHORISE THE CONSTRUCTION ALONG THE FOLLOWING ROUTES: A ROUTE TO CONNECT THE A21 TONBRIDGE BYPASS SOUTH OF TONBRIDGE WITH THE A21 PEMBURY ROAD WEST OF PEMBURY; FOUR ROUTES FROM THE A21 PEMBURY ROAD TO AND FROM THE SOUTHBOUND AND NORTHBOUND CARRIAGEWAYS OF THE TRUNK ROAD WHICH THE SECRETARY OF STATE PROPOSES TO CONSTRUCT AT FAIRTHORNE; FOUR ROUTES FROM THE A21 PEMBURY ROAD INCLUDING TWO ROUNDABOUTS TO AND FROM THE SOUTHBOUND AND NORTHBOUND CARRIAGEWAYS OF THE TRUNK ROAD; WHICH SHALL BECOME TRUNK ROADS FROM THE DATE WHEN THE ORDER COMES INTO FORCE. Summary of Recommendation: that the Order be corrected and then made. The Detrunking Order THE DRAFT DETRUNKING ORDER WOULD BE MADE UNDER SECTIONS 10 AND 12 OF THE HIGHWAYS ACT 1980, AND IS KNOWN AS THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING)(DETRUNKING) ORDER 20.. (DD A3) THE ORDER WAS PUBLISHED ON 11 DECEMBER 2009. THE ORDER WOULD PROVIDE THAT THE LENGTH OF THE A21 TRUNK ROAD TO BE SUPERSEDED BY THE NEW MAIN ROAD AND SLIP ROADS SHALL CEASE TO BE A TRUNK ROAD, AND THAT UNLESS OTHERWISE STOPPED UP, THE LENGTHS REMAINING SHALL BE CLASSIFIED AS A CLASSIFIED ROAD AND SHALL BE TRANSFERRED TO KENT COUNTY COUNCIL, FROM THE DATE ON WHICH THE SECRETARY OF STATE NOTIFIES THEM THAT THE NEW MAIN ROAD AND SLIP ROADS ARE OPEN FOR TRAFFIC. Summary of Recommendation: that the Order be made as drafted. 1 Ref: DPI/W2275/10/05 LI and M2270/V/10/2126410 & 2127645 The Side Roads Order THE DRAFT ORDER WOULD BE MADE UNDER SECTIONS 12, 14 AND 125 OF THE HIGHWAYS ACT 1980, AND IS KNOWN AS THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING SIDE ROADS) ORDER 20.. (DD A4) THE ORDER WAS PUBLISHED ON 11 DECEMBER 2009 THE ORDER WOULD BE MADE IN RELATION TO THE A21 TRUNK ROAD AS PROPOSED TO BE IMPROVED BY THE SECRETARY OF STATE FOR TRANSPORT AND THE SLIP ROADS TO BE CONSTRUCTED BY HIM AT TONBRIDGE, FAIRTHORNE AND PEMBURY IN THE COUNTY OF KENT, WILL: AUTHORISE HIM TO: IMPROVE HIGHWAYS; STOP UP HIGHWAYS; CONSTRUCT NEW HIGHWAYS; STOP UP MEANS OF ACCESS TO PREMISES; PROVIDE NEW MEANS OF ACCESS TO PREMISES PROVIDE FOR THE TRANSFER OF EACH NEW HIGHWAY TO KENT COUNTY COUNCIL AS HIGHWAY AUTHORITY FROM THE DATE ON WHICH HE NOTIFIES THEM THAT IT HAS BEEN COMPLETED AND IS OPEN FOR TRAFFIC. Summary of Recommendation: that the Order be made with corrections and modifications. The Compulsory Purchase Order The draft Compulsory Purchase Orders are made under Sections 239, 240 and 246 and 260 of the Highways Act 1980, as extended and supplemented by section 250 of that Act, and section 2 of the Acquisition of Land Act 1981. It is known as the A21 Trunk Road (Tonbridge to Pembury Dualling) Compulsory Purchase Order 20.. (DDA1) THE ORDER WAS PUBLISHED ON 11 DECEMBER 2009. THE ORDER WOULD AUTHORISE THE SECRETARY OF STATE FOR TRANSPORT TO PURCHASE COMPULSORILY THE LAND AND NEW RIGHTS DESCRIBED IN THE SCHEDULE TO THE ORDER FOR THE PURPOSES OF: THE CONSTRUCTION OF THE NEW MAIN ROAD AND SLIP ROADS AND THE IMPROVEMENT OF THE A21 TRUNK ROAD BETWEEN TONBRIDGE AND PEMBURY IN PURSUANCE OF THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING) ORDER 20..; THE CONSTRUCTION AND IMPROVEMENT OF HIGHWAYS AND THE PROVISION OF NEW MEANS OF ACCESS TO PREMISES IN PURSUANCE OF THE A21 TRUNK ROAD (TONBRIDGE TO PEMBURY DUALLING SIDE ROADS) ORDER 20..; 2 Ref: DPI/W2275/10/05 LI and M2270/V/10/2126410 & 2127645 THE DIVERSION OF WATERCOURSES AND THE EXECUTION OF OTHER WORKS ON WATERCOURSES IN CONNECTION WITH THE CONSTRUCTION OF THE NEW MAIN ROAD AND SLIP ROADS, THE CONSTRUCTION AND IMPROVEMENT OF OTHER HIGHWAYS AND THE EXECUTION OF OTHER WORKS MENTIONED ABOVE; USE BY THE SECRETARY OF STATE FOR TRANSPORT IN CONNECTION WITH SUCH CONSTRUCTION AND IMPROVEMENT OF HIGHWAYS AND THE EXECUTION OF OTHER WORKS MENTIONED ABOVE; THE MITIGATION OF ANY ADVERSE EFFECT WHICH THE EXISTENCE OR USE OF THE HIGHWAYS PROPOSED TO BE CONSTRUCTED OR IMPROVED WOULD HAVE ON THEIR SURROUNDINGS.
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