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(Norwich Northern Distributor Road (A1067 to A47(T)) Order Examining

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(Norwich Northern Distributor Road (A1067 to A47(T)) Order Examining The Planning Act 2008 The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T)) Order Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport _______________________________________ Peter Robottom MA(Oxon) DipTP MRTPI MCMI David Richards BSocSci DipTP MRTPI Austin Smyth PhD BA(Hons) FCILT Examining Authority Report to the Secretary of State 1 Template version 0.96 This page intentionally left blank Report to the Secretary of State 1 Template version 0.96 Examining Authority’s findings and conclusions and recommendation in respect of The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T)) Order File Ref TR010015 The application, dated 6 January 2014, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 7 January 2014. The applicant is Norfolk County Council. The application was accepted for Examination on 4 February 2014. The Examination of the application began on 2 June 2014 when the Preliminary Meeting was conducted by Inspector Elizabeth Hill, who was the originally appointed Examining Authority. On 23 June 2014 the Panel of Inspectors presenting this report was appointed as the replacement Examining Authority under s62 and s265 of the Planning Act 2008 (PI-006 Rule 8). The Examination was completed on 2 December 2014. The development proposed comprises a dual carriageway all-purpose distributor road that would link the A1067 Fakenham Road near Attlebridge to the A47(T) Trunk Road at Postwick. The proposed road would have a length of approximately 20.4 km inclusive of the Postwick works. At its eastern end the DCO scheme would provide for a further upgrading of the Postwick interchange and related roads that serve adjacent business park areas which have already been granted planning permission. The highway works at Postwick, other than the additional upgrading proposed under the DCO, benefit from Orders made by the Secretary of State for Transport under the Highways Act 1980 following approval on 8 January 2014 and construction has commenced. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form attached as Appendix E. Report to the Secretary of State 1 Template version 0.96 Section Contents 1 INTRODUCTION ........................................................................... 3 2 MAIN FEATURES OF THE PROPOSAL AND SITE ................................. 9 3 LEGAL AND POLICY CONTEXT ...................................................... 17 4 FINDINGS AND CONCLUSIONS ON POLICY AND FACTUAL ISSUES ... 31 THE OBJECTIVES FOR THE SCHEME ................................................ 31 MAIN ISSUES IN THE EXAMINATION ............................................... 32 TECHNICAL ASSESSMENT OF THE BASIS FOR THE SCHEME ..................... 36 IMPLICATIONS OF PROJECTIONS FOR 'DO MINIMUM' AND ALTERNATIVES .... 41 ALTERNATIVES ....................................................................... 48 VALUE FOR MONEY AND ECONOMIC APPRAISAL .................................. 66 ENVIRONMENTAL, SOCIAL AND ECONOMIC CONSIDERATIONS ................. 79 OVERALL CONCLUSIONS ON PLANNING AND TRANSPORT ISSUES ............ 145 5 FINDINGS AND CONCLUSIONS ON HABITATS REGULATIONS ......... 148 6 COMPULSORY ACQUISITION AND OTHER LAND MATTERS .............. 153 7 DRAFT DEVELOPMENT CONSENT ORDER ...................................... 221 8 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ................ 231 RECOMMENDATION.................................................................. 233 Appendices Contents APPENDIX A - EXAMINATION LIBRARY ................................................ 1 APPENDIX B - EVENTS IN THE EXAMINATION .................................... 88 APPENDIX C - LIST OF ABBREVIATIONS ............................................ 92 APPENDIX D - REPORT ON IMPLICATIONS FOR EUROPEAN SITES ......... 95 APPENDIX E - RECOMMENDED DEVELOPMENT CONSENT ORDER .......... 96 APPENDIX F – RECOMMENDED DCO SHOWING TRACKED CHANGES FROM THE APPLICANT’S VERSION OF 2 DECEMBER 2014 ......................... 97 Report to the Secretary of State 2 Template version 0.96 1 INTRODUCTION 1.1 The application scheme arose through the evolution of the Norwich Area Transportation Strategy (NATS). The earliest iterations of this strategy did not include the Northern Distributor Road (NDR) but consultations on the possibility of including such a proposal commenced in 2003 following changes in government policy; housing and economic growth; development along the inner and outer ring roads; delivery of some Park & Ride sites; and traffic congestion and public comment in relation to the strategy as it then stood. The revised NATS including a NDR was agreed in 2004 in order to provide infrastructure regarded as essential to accommodate growth. 1.2 In the 2003 consultation 78% of respondents supported provision of a full length NDR from the A47(T) west of Norwich to the A47(T) east of Norwich which would have involved an additional crossing of the River Wensum west of the city. During 2004 and 2005 further consultations took place to refine potential alignments following which the applicant adopted a prospective route which is essentially that now sought in the DCO scheme from the A1067 in the west to the A47(T) at Postwick in the east, i.e. without any new crossing of the River Wensum west of the city, in the light of concerns over the acceptability of mitigation measures for the Special Area of Conservation (SAC) that covers much of the course of that river. This background is detailed in the Introduction to the Application (AD-001 1.1 Introduction to the Application) and the Consultation Report (AD-024 5.1 Consultation report). 1.3 The scheme was worked up subsequently alongside the Joint Core Strategy for development in the Greater Norwich Area (City of Norwich, and parts of Broadland District and South Norfolk District) and on 15 December 2011, the Secretary of State for Transport accepted the applicant's funding bid for Programme Entry for that part of the scheme extending from and including the Postwick Hub junction with the A47(T) in the east to the A140 Cromer Road west of Norwich International Airport (See Appendix F to NCC/EX/52 D6-002 Norfolk County Council - Response to questions in parts 1-3 (NCC_EX_52)). In April 2012 the applicant agreed to underwrite the cost of the remaining section of the DCO proposal from the A140 to the A1067 to the west. 1.4 Following further refinement of the proposals, the applicant commenced the statutory pre-application procedures for a submission of a Nationally Significant Infrastructure Project (NSIP) on 21 June 2013 as the NDR fell within the definition of a NSIP in s22(2)(b) of the Planning Act 2008 (PA2008) that was applicable at the time 'as the highway to be constructed is for a purpose connected with a highway for which the Secretary of State is (or will be) the highway authority'. However, on 24 July 2013 the Highway and Railway (Nationally Significant Infrastructure Project) Report to the Secretary of State 3 Template version 0.96 Order 2013 (SI 2013/1883) (the Highways Order) was made coming into force the following day. The effect of this order was to remove locally authority highway schemes from the definition of NSIPs. The applicant immediately submitted a qualifying request to the Secretary of State for the NDR to be treated as an NSIP for which development consent is required in order that the application process should not be interrupted (AD-001 Appendix B 1.1 Introduction to the Application). 1.5 On 9 August 2013 the Secretary of State duly made a Direction under s35(1) of PA2008 being of the opinion that the Norwich Northern Distributor Road is of national significance for the following reasons: (a) 'it provides a direct connection to/from an international airport to the Trans European Network- Transport (TEN-T) and the Strategic Road Network. The Ten-T link is to the A47, one of only a limited number of roads in the East of England which is recognised as such, and' (b) 'in addition the scheme supports national growth potential including by directly supporting over 135 ha of proposed employment growth and improves connection to/from the Great Yarmouth Enterprise Zone which supports the offshore energy industry and supply chain.' (AD-001 Appendix C 1.1 Introduction to the Application) 1.6 A number of Interested Parties (IPs) sought to argue that the DCO should not be considered as an NSIP. While this matter was considered at the acceptance of the application, it seems to us that since the NDR scheme, and any associated development, has been made expressly subject of a Direction by the Secretary of State under s35(1) that it should be treated as development for which development consent is required, it is clearly established as a matter of law that the NDR has to be considered under the provisions of the PA2008. 1.7 IPs further sought to argue that the pre-application consultation had been invalid because during the process over the period between 25 July 2013 and 8 August 2013 the scheme fell outside that definition of an NSIP. This was addressed in a legal opinion submitted by the applicant (Appendix D to the Consultation Report 5.1 5.1 Consultation Report Appendices A to J). This concluded that the pre-application process was valid notwithstanding the fact that some was undertaken prior to the s35 Direction, but even if this were not the case no party has been substantially prejudiced
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