A14 CAMBRIDGE TO HUNTINGDON IMPROVEMENT SCHEME
DEVELOPMENT CONSENT ORDER - EXAMINATION
Written Representation
By
Cambridgeshire County Council
Shire Hall, Castle Hill, Cambridge, CB3 0AP
15 June 2015
A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council CONTENTS
CONTENTS ...... 2
1. INTRODUCTION...... 9
2. NEED FOR THE SCHEME ...... 11
2.1 Role in the Local Transport Network ...... 11
2.2 Scheme History ...... 12
2.3 Regional Growth ...... 15
2.4 Northstowe New Town ...... 16
2.5 Waterbeach New Town ...... 16
2.6 West Cambourne / Bourn Airfield ...... 17
2.7 Huntingdon, St Ives, Alconbury Weald and Wyton Airfield development, Huntingdonshire ... 18
3. POLICY CONTEXT ...... 20
3.1 Compliance with Local Policy Objectives ...... 20
3.2 Cambridgeshire Local Transport Plan 3 (2014)...... 20
3.3 Transport Strategy for Cambridge and South Cambridgeshire (2014) ...... 21
3.4 Huntingdon Market Town Transport Strategy (2014) ...... 21
3.5 Cambridgeshire’s Local Flood Risk Management Strategy (2013) ...... 21
3.6 Cambridgeshire Landscape Guidelines (1993) ...... 22
4. HIGHWAYS ENGLANDS PROPOSALS ...... 23
4.1 A14 and A1 Trunk Road ...... 23
4.2 Local Roads ...... 23
A1307 Local Access Road to Swavesey ...... 24
A1307 Local Road to Alconbury ...... 24
A141 Trunk Road (existing A14) ...... 24
Local Roads to be Diverted or Improved ...... 25
4.3 A14 Huntingdon Railway Viaduct ...... 25
Page 2 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
5. STATEMENT OF COMMON GROUND ...... 29
6. LOCAL IMPACT REPORT ...... 30
7. NOISE ...... 31
8. AIR QUALITY ...... 32
8.1 General ...... 32
8.2 Cambridgeshire Joint Air Quality Action Plan (2010) ...... 32
8.3 Operational Dust...... 32
9. CODE OF CONSTRUCTION PRACTICE ...... 33
9.1 Development of the Code of Construction Practice ...... 33
9.2 Changes Required to the Development Consent Order ...... 36
10. TRANSPORT ASSESSMENT ...... 37
10.1 Background ...... 37
10.2 The County Council Position on CHARM2 ...... 37
10.3 Local Impacts ...... 38
Area 1: Alconbury, Little Stukeley, Great Stukeley ...... 39
Area 2: Huntingdon, Brampton, Hartford and Godmanchester ...... 40
Area 3: Houghton and Wyton, St Ives, Fenstanton, Fen Drayton ...... 41
Area 4: Swavesey and Over ...... 41
Area 5: Elsworth, Boxworth, Knapwell ...... 42
Area 6: Papworth Everard, Hilton ...... 42
Area 7: Bar Hill, Longstanton, Willingham, Oakington and Northstowe; ...... 43
Area 8: Dry Drayton, Madingley; ...... 43
Area 9: Girton, Histon and Impington, Cottenham, Milton;...... 45
Area 10: Cambridge ...... 45
10.4 Further Work Needed ...... 46
10.5 Transport Assessment ...... 47
11. MINERALS AND WASTE...... 49
Page 3 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
11.1 General ...... 49
11.2 Scope of Planning Policy Assessment ...... 50
11.3 Review of Established Policy ...... 53
Policy CS22 – Climate Change ...... 53
Policy CS25 - Restoration & Aftercare ...... 54
Policy CS34 - Protecting Surrounding Uses...... 56
Policy CS35 - Biodiversity and Geodiversity ...... 58
Policy CS36 - Archaeology and the Historic Environment ...... 59
Policy CS37 - Public Rights of Way ...... 59
Policy CS39 - Water Resources ...... 60
Issues with Specific Borrow Pit Sites ...... 61
11.4 Sourcing of Material Not Available Locally ...... 61
11.5 Required Changes to the Proposals of Highways England ...... 62
12. ROAD DRAINAGE AND FLOODING ...... 64
12.1 General ...... 64
Bar Hill ...... 64
Histon and Impington ...... 65
12.2 Policy Context ...... 65
12.3 Agreement to Address in Detailed Design ...... 66
13. CULTURAL HERITAGE ...... 67
13.1 General ...... 67
13.2 Required Changes to the Development Consent Order ...... 73
Schedule 2, Part 1, Requirement 7 ...... 73
14. ECOLOGY AND NATURE CONSERVATION ...... 74
14.1 Ecological Mitigation Principles ...... 74
14.2 Designated Sites ...... 74
14.3 Protected species ...... 76
Page 4 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
14.4 Required Changes to the Development Consent Order ...... 78
Schedule 2, Part 1, New Requirement 11 ...... 78
15. PUBLIC RIGHTS OF WAY AND NMU ROUTES ...... 79
15.1 General ...... 79
The Stukeleys Bridleway 6 - Rights of Way and Access Plan Sheet 2 ...... 79
Footpath No. 15 Brampton - Rights of Way and Access Plan Sheet 5 ...... 80
Omission of a link between Brampton Bridleway 3 and Grafham Road - Rights of Way and Access Plan Sheet 6 ...... 80
Eastern end of NMU route between Girton Grange Accommodation Bridge and Weavers Field, Girton - Rights of Way and Access Plan Sheet 24 ...... 81
Provision of Footbridge at Brampton Road ...... 81
15.2 Anomalies in PROW and NMU Routes ...... 82
Swavesey Bridleway 15 - Rights of Way and Access Plan Sheet 18 ...... 82
Lolworth Footpath 5 and Bridleway 1 Bar Hill - Rights of Way and Access Plan Sheet 19 ...... 82
NMU route running along southern side of Girton Interchange - Rights of Way and Access Plan Sheet 23 ...... 83
NMU routes that will form part of the trunk/side road ...... 83
15.3 Compliance with Statutory Requirements ...... 84
15.4 Compliance with Established Policies ...... 85
15.5 Required Changes to the Development Consent Order ...... 86
Schedule 4...... 86
RoW and Access Plan Sheet 2 ...... 86
RoW and Access Plan Sheet 6 ...... 86
RoW and Access Plan Sheet 18 ...... 86
RoW and Access Plan Sheet 23 ...... 87
RoW and Access Plan Sheet 24 ...... 87
16. DE-TRUNKING ...... 88
Page 5 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
16.1 General ...... 88
16.2 Required Changes to the Development Consent Order ...... 89
Part 3, Article 12, Item 4 ...... 89
17. THE CAMBRIDGESHIRE GUIDED BUSWAY ...... 91
18. ASSET DEFINITION AND LEGAL RECORDS ...... 93
18.1 Asset Management in Cambridgeshire ...... 93
18.2 Relevant Sections of the Order ...... 95
18.3 General ...... 95
18.4 General Principles for Highway Asset Records ...... 96
18.5 Definition of Highway Boundary...... 96
18.6 Extent of Highway to be Stopped Up ...... 98
18.7 Boundary Marking ...... 99
18.8 Responsibility for Asset Maintenance ...... 99
18.9 Representation of Private Means of Access and Public Rights of Way ...... 100
18.10 Maintenance Liability for Co-existing Public and Private Accesses ...... 100
18.11 Recording Widths of Public Rights of Way ...... 102
18.12 Legal Records and Asset Definition ...... 102
18.13 De-Trunked Roads ...... 103
19. LAND OWNERSHIP ...... 104
20. OPPORTUNITIES ...... 106
20.1 Innovation ...... 106
20.2 Detailed Design Phase Opportunities ...... 106
20.3 Existing Aspirations ...... 106
HE’s Research strategy 2014-2018 ...... 107
DfT Road Investment Strategy ...... 107
21. OTHER REQUIRED CHANGES TO THE DEVELOPMENT CONSENT ORDER ...... 108
Part 1 Preliminary – Interpretation ...... 108
Page 6 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Part 3 Article 12 (1) ...... 108
Part 3 Article 13 and Article 14 ...... 108
Part 3 Article 14 ...... 108
Part 6 Classification of Roads Section 9 ...... 108
Part 6 Classification of Roads Section 10 ...... 108
Schedule 1 Authorised Development ...... 109
Schedule 2 Part 1 Requirements ...... 109
22. CONCLUSION ...... 110
23. REFERENCES ...... 111
APPENDIX A ...... 114
Legal Agreement ...... 114
APPENDIX B ...... 115
Proposed Additional Public Rights of Way at Borrow Pit Sites ...... 115
APPENDIX C ...... 118
Policy Assessment of the A14 Borrow Pits – Degree of Compliance with Cambridgeshire And Peterborough Minerals And Waste Plan ...... 118
APPENDIX D ...... 142
Matters in Relation to Individual Borrow Pits ...... 142
Borrow Pit 1: West of Brampton ...... 142
Borrow Pit 2: South West of Brampton ...... 142
Borrow Pit 3: Fenstanton ...... 142
Borrow Pit 5: Boxworth (There is no borrow pit 4) ...... 143
Borrow Pit 6: Dry Drayton ...... 143
Borrow Pit 7: Alconbury ...... 143
APPENDIX E ...... 144
Summary of most relevant policies and their applicability to borrow pits ...... 144
APPENDIX F ...... 150
Page 7 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Draft Asset Protection Agreement for Cambridgeshire Guided Busway ...... 150
APPENDIX G ...... 152
Grant of Rights Agreement for Cambridgeshire Guided Busway ...... 152
Page 8 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 1. INTRODUCTION
1.1.1 This Written Representation, in respect of the A14 Cambridge to Huntingdon Improvement Scheme (the Scheme) Development Consent Order (the Order or DCO), is made in accordance with the Infrastructure Planning (Examination Procedure) Rules 2010, Rule 10. It should be read in conjunction with the Statement of Common Ground and Local Impact Report.
1.1.2 Cambridgeshire County Council (the County Council) is a Tier 1 Local Authority and Statutory Consultee, and the scheme is entirely within the County of Cambridgeshire. Highways England (Highways England) has consulted with the County Council in the pre- application stage, and has adopted many, but not all, of the requirements and recommendations of the County Council in developing the Order. The County Council is a part funder of the scheme, and strongly supports the scheme.
1.1.3 There are, however, a number of issues which the County Council wishes to have considered in Examination of the Order. These relate to matters of detail, local impact, and compliance with local and national policy. In some respects the County Council considers elements of the proposals fall somewhat short of the expectations of the County Council, or creates a risk of future cost to the Council in a time of restraint on spending by Local Government. In respect of these matters of detail or local impact, the County Council will put before the Examining Authority proposals for changes to the scheme or the Order for consideration and recommendation to the Secretary of State.
1.1.4 The County Council also considers there to be a number of errors and inconsistencies in the draft Development Consent Order which require attention.
1.1.5 References in square brackets (eg [99]) are provided to evidence relied upon by the County Council. A list of all references may be found in towards the end of this representation. If the Examining Authority would find additional evidence or information of assistance, the County Council would be pleased to provide it.
1.1.6 The former Highways Agency became Highways England on 1 April 2015. In this representation any reference to Highways England also means Highways Agency in respect of any and all matters before 1 April 2015.
1.1.7 Where the term consultation is used in Requirements on the Secretary of State and elsewhere in this representation, the County Council ascribes the meaning given by the Supreme Court in R (on the application of Moseley (in substitution of Stirling Deceased))
Page 9 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
(AP) (Appellant) v London Borough of Haringey (Respondent) 2014. That is that “the product of consultation must be conscientiously taken into account”. It is on this basis that the County Council has accepted the use of ‘consultation’ in the wording of Requirements in place of ‘approve’. To this end the County Council has been assured by Highways England that its reasonable comments will be fully and conscientiously considered in detailed design.
Page 10 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 2. NEED FOR THE SCHEME
2.1 Role in the Local Transport Network
2.1.1 The A14 is a key link in the strategic road transport network as part of the M1/M6 to Felixstowe A14 road, and linking the A1 to the M11. It carries above average levels of large commercial vehicles reflecting this importance, particularly between Cambridge and Huntingdon where recorded levels are 25% of total flow.
2.1.2 It is also a key local transport link, connecting the A1, the market towns of Huntingdon and St. Ives and numerous villages on the corridor, and the city of Peterborough to Cambridge. A significant number of local commuting trips are made using the A14 as a result of this local demographic.
2.1.3 The geography of Cambridgeshire limits alternative routes to the north as crossings of the River Great Ouse are infrequent, and the A428 is the only significant alternative to the south. The A428 links the A14 Cambridge Northern Bypass to the A1 at St Neots. It forms part of an east west route with the A14 and A421 between Ipswich and Milton Keynes. A short busy stretch of the A1 at Wyboston is used to link the A428 and A421.
2.1.4 Major growth is planned on the A428 corridor, including at St Neots, Cambourne, Bourn Airfield and West / North West Cambridge. Congestion already occurs on the approaches to the Caxton Gibbet roundabout, around the south of St Neots, and on the A1303 which takes traffic from the A428 into Cambridge and onto the M11 southbound.
2.1.5 The Cambridge Sub-Region has a strong economy, and an efficient and effective transport network is vital to its continued success. It is essential that infrastructure is provided to support and grow the economy, helping to provide much needed new jobs and homes in the area. The Greater Cambridge area is an economic success story that links to the national economy and is a driver for growth elsewhere.
2.1.6 The economic growth of the area is a foundation of the Greater Cambridge City Deal [1]. Over the period 2015/6 to 2019/20, Central Government will provide Greater Cambridge with £100m. This will provide Greater Cambridge with a high level of certainty to commence investment in an ambitious programme of transport infrastructure. Dependent on the economic impact of the local investments, Greater Cambridge will be able to access up to an additional £400m over 10-15 years.
Page 11 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
2.1.7 This investment will sit alongside the over £500m that Greater Cambridge has pledged to invest to enable the supporting infrastructure needed to unlock the benefits of growth in the Greater Cambridge area. This pooling of central and local resources will lead to a total investment of £1bn over the City Deal period. The investment of £1.5bn in the A14 Cambridge to Huntingdon provides strategic network improvements to support and complement the local transport improvements to be made through City Deal.
2.1.8 The growth of the local economy has brought many new jobs and people to the region but population growth of over 20% since 1981 has placed a significant pressure on the county’s housing supply. This has resulted in people having to move further and further away from Cambridge in order to be able to afford to buy or rent a home.
2.1.9 Increasing prosperity and the demand for travel has also contributed to an increase in the number of cars on our roads, with overall traffic levels in the county continuing to rise year on year. The consequence of this is that the length of commuter journeys across Cambridgeshire is double the national average, placing increasing pressure on the county’s transport network and its environment.
2.1.10 The Cambridge to Huntingdon section of the A14 links with the A1(M) to the west, and to the M11 in the east, and currently forms a significant bottleneck in the national strategic road network. The A14 carries large amounts of international freight traffic, but it is also a key route for local and regional commuter, business and freight traffic.
2.2 Scheme History
2.2.1 An improvement of the route between the A1 and M11 was first proposed in the 1989 “Roads for Prosperity” White Paper. This comprised an online improvement of the A14 (then numbered A604) combined with a southern bypass of Huntingdon. The new road was to be built to motorway standard, and following completion of the M1/A1 link in 1993 (numbered A14) became the then proposed A14(M). With completion of the M1/A1 link the route between Cambridge and the A1 became part of a strategic network extending from the M1/M6 to Felixstowe, increasing traffic demand on the route.
2.2.2 Completion of the A1(M) Alconbury to Peterborough in 1996 improved connectivity between the M11/A14 and the north of England, again increasing traffic demand on the A14 between the A1 and Cambridge.
Page 12 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
2.2.3 Scheme development was shelved in 1995 on grounds of cost, but it was included in the 1998 White Paper where it was announced that it would be subject to a Multi-Modal Study to establish its need. The Cambridge to Huntingdon Multi-Modal Study (CHUMMS) Final Report was published in 2001. This identified the A14 improvement scheme as part of a range of multi-modal solutions to the transport problems of the corridor.
2.2.4 The CHUMMS recommendations included public transport improvements (the now completed Cambridgeshire Guided Busway), rail freight improvements between Felixstowe to Nuneaton, additional demand management measures in Cambridge, and traffic calming measures in villages along the corridor. The latter was funded by central government as a solution to increasing use of unsuitable routes to bypass congestion on the A14.
2.2.5 CHUMMS recognised that the A14 between Cambridge and Huntingdon was a growth corridor and part of its work identified and allowed for significant development in the travel demand forecasts. This recognised the significant expected growth of Cambridge, and the demand for new homes in the Cambridge sub-region. A major development known as Northstowe is planned for the old Oakington Airfield for which the primary road access would be from the A14, although the development would also be served by the Cambridge Guided Busway. This is in addition to developments at the former RAF Alconbury at Huntingdon. It can be seen that development pressures along the A14 corridor, and in the area around Cambridge and Huntingdon are significant.
2.2.6 The Cambridgeshire Guided Busway opened in 2011 and has become a highly successful public transport system, including connections beyond the Guideway to Huntingdon and Peterborough. The guided busway runs along the former Cambridge to St Ives railway line to St Ives, but services continue on road to as far as Peterborough. The southern terminus of the guided busway is the Trumpington Road Park and Ride Site close to junction 11 on the M11 south west of Cambridge. The guided busway links to Cambridge Science Park adjacent to the A14 at Milton, Orchard Park adjacent to the A14 at Histon, and Cambridge Station. It was however always a complementary to the A14 not a replacement, and has had little effect on traffic volumes on the A14 despite significant users on the Guided Busway. It satisfied suppressed demand for public transport, rather than providing mode transfer from the A14, although that has occurred.
Page 13 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
2.2.7 Traffic calming within villages in the A14 corridor was implemented in 2003 and 2004, funded with £4.5m from the Department of Transport, with the aim of reducing the use of unsatisfactory routes to avoid congestion on the A14. However, while addressing some of the adverse impact of rat running, this remains a significant problem. Indeed, Highways England’s traffic modelling shows traffic flow changes that are the result of traffic on local roads switching back to the improved A14 and/or the Local Access Road.
2.2.8 In Cambridge a range of measures to manage travel demand in the city centre have been introduced, including the Core Traffic Scheme where access to the core area is limited for general vehicular traffic by using rising bollards, and extension of the Cambridge Park & Ride network. In addition, strategies for the market towns of Huntingdon [2], St Ives and St Neots have all had to deal with the local implications of the impact of the current congested A14, particularly during the numerous incidents that occur on an almost daily basis when local routes within these areas become the only viable alternative routes.
2.2.9 A second Multi-Modal Study, the London to South Midlands Multi-Modal Study recognized the importance of the scheme, especially the Cambridge Northern Bypass and A428 as part of a new east west route from Ipswich to Milton Keynes (what has now become the A421/A428 route).
2.2.10 Highways England appointed consultants in 2003 to examine options to improve the A14, and conducted public consultations in 2005 and 2006. In 2005 Highways England consulted on two options – the so called CHUMMS option (dual 3 lane south of Huntingdon and the Huntingdon viaduct demolished and the existing road de-trunked) and the so called Alternative proposal (dual 2 lane south of Huntingdon for east / west movements with the viaduct repaired and the route remaining open as a Trunk Road for north / south movements). As a result of a legal challenge a further consultation into a wider range of route options was held in 2006.
2.2.11 In 2008 work started on scheme development leading to publication of relevant Orders in 2009. However, as part of the 2010 Comprehensive Spending Review the proposed £1.1 billion A14 Ellington to Fen Ditton scheme was deemed to be unaffordable in its current form and a review of the scheme would be undertaken. Work on this important and critical scheme in Cambridgeshire was once again stopped.
2.2.12 In December 2011, the Department for Transport (DfT) undertook to identify ‘cost effective and practical proposals which bring benefits and relieve congestion’. The ‘A14
Page 14 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Challenge’ was launched to identify potential options across various travel modes and also explore the opportunity for private sector involvement in developing schemes.
2.2.13 The A14 Study which emerged alongside this work identified a range of interventions, which comprised a series of packages including public transport, rail-freight package, and one for road. Following the completion of this work Highways England were asked in 2012 to take forward the further development of the A14 Cambridge to Huntingdon improvement scheme. In June 2013 the Government announced it would provide £1bn to upgrade the A14, with a requirement that local authorities contributed £100m to the project. Local authorities, led by Cambridgeshire County Council agreed a local contribution to the scheme.
2.2.14 Formal consultation on the proposed scheme was held between April and June 2014. As a key Tier 1 Stakeholder, Cambridgeshire County Council has supported the scheme proposals through these stages of the process as being essential to the future of growth and economic propriety of Cambridgeshire.
2.2.15 It can be seen that a considerable number of years have been spent preparing proposals for road improvement, which have in the past, on occasion, been abortive. Considerable public funds have been spent developing the proposals, which in many key respects remain similar to the original conception in 1989 of a bypass of Huntingdon and on-line improvement towards Cambridge.
2.2.16 It is a key proposition of the County Council that the scheme has been exhaustively studied, the proposals extensively consulted upon, and the time has now come for delivery. To this end the County Council desires there to be no delay in delivering the scheme, but the County Council is also acutely aware of the need for the scheme to deliver a positive legacy in the county. It is in relation to this legacy that the County Council seeks minor improvements and changes to the proposals by Highways England.
2.3 Regional Growth
2.3.1 The southern part of Cambridgeshire has traditionally been the economic hub of the county, with economic growth in the Cambridge city region driving growth in the wider area. Major employment growth is occurring on the northern and western fringes of the city, in the station area and on the Cambridge Biomedical Campus around Addenbrooke’s Hospital, where around 10,500 new high value jobs are being created.
Page 15 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Major housing growth is also occurring on the southern and northern fringes of the city. The Cambridge Northern Fringe site is expected to bring around 5900 homes to the area.
2.3.2 The high tech and biotech sectors remain strong, and employment growth is continuing at major research parks and campuses on the outer edge of the green belt around Cambridge. In late 2014 Astra-Zeneca announced that it would be locating its global headquarters in Cambridge recognising the dominance of Cambridge as a centre for life sciences.
2.3.3 Cambridge University is world renowned and attracts technology companies to the area. The University is a key reason to the choice of innovative, leading edge and “blue chip” research and development companies to locate in Cambridge.
2.3.4 This growth will create additional demand for trips in and to the Cambridge area, which will need to be accommodated by sustainable modes, as parts of the network, particularly on the approaches to Cambridge are at capacity.
2.4 Northstowe New Town
2.4.1 Northstowe is a proposed new town of 9,500 houses in Cambridgeshire. The Northstowe site is located five miles northwest of the city of Cambridge, on a disused airfield between the villages of Oakington and Longstanton
2.4.2 For Northstowe, the Busway has already been constructed and is successfully carrying passengers. A new Busway loop will also be provided through the town centre. Access roads will link the town to the A14 trunk road. In addition, the improvements to the A14 and the new local road between Fenstanton and Girton that will be delivered by the A14 Cambridge to Huntingdon scheme are required to provide capacity for Northstowe.
2.4.3 The Busway and the A14 Cambridge to Huntingdon improvement were both recommendations of the Cambridge to Huntingdon Multi-Modal Study (CHUMMS) that identified them as parts of the package of measures to address the strategic role and local capacity constraints of the route. The development of Northstowe is conditional on delivery of the A14, as development beyond Phase 1 (1500 homes) requires the A14 to be improved.
2.5 Waterbeach New Town
Page 16 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
2.5.1 Waterbeach Barracks lies to the north of the village of Waterbeach between the A10 and the Ely to Cambridge railway line. Approximately 8500 homes are planned on this site.
2.5.2 The new town will be developed to high standards of design and layout which draw on its Fen edge location. The new town will be kept separate from Waterbeach village by an extension to the Cambridge Green Belt.
2.5.3 It will be developed to maintain the identity of Waterbeach as a village close to but separate from the new town. Appropriate integration to be secured by the provision of suitable links to enable the residents of Waterbeach village to have convenient access to the services and facilities in the new town without providing opportunities for direct road access from the wider new town to Waterbeach other than by public transport, cycle and foot.
2.5.4 The A10 to the north of Cambridge is one of the more congested outer radial routes into the city, and some additional capacity will be needed on the section of the route between Waterbeach Barracks and the A14 to cater for the traffic demand of the new town and also of development in Ely. However, the primary focus will again be on public transport, walking and cycling.
2.5.5 The railway line will provide one high quality public transport option, and with the new station at Cambridge Science Park, there is great potential for significant growth in rail patronage into the north of the city, relieving pressure on the A10. In addition, a link to the Busway from Waterbeach New Town will provide direct public transport links to other key employment sites in the city without the need for interchange.
2.6 West Cambourne / Bourn Airfield
2.6.1 West Cambourne and Bourn Airfield lie to the south of the A428 trunk road to the west of Cambridge. The West Cambourne site will host 1500 homes and Bourn Airfield will include 3500 homes.
2.6.2 The trunk road itself has ample capacity past the sites, but is congested on the eastbound approaches to the Caxton Gibbet roundabout to the north west of Cambourne. Comprehensive improvements to address the problems on the A428 corridor between the A1 and Caxton Gibbet, and some interim works may be needed at Caxton Gibbet as a result of the development of these sites and of Wintringham Park St Neots.
Page 17 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
2.6.3 The A1303 that forms the inner radial route between the A428 and Cambridge is frequently congested, and bus trips have no competitive advantage over a car trip on the route. As improvements to the overall capacity of the A1303 would still feed traffic into a congested city centre with no capacity to take additional car trips, the strategy for this corridor focuses on getting buses past the congestion that occurs between the A428 and central Cambridge.
2.7 Huntingdon, St Ives, Alconbury Weald and Wyton Airfield development, Huntingdonshire
2.7.1 The Alconbury Enterprise Zone, Alconbury Weald (5000 homes) and Wyton Airfield (3750 homes) developments will drastically change the economic profile of the local area around Huntingdon and St Ives, acting as a major economic hub, and leading to new travel patterns and new pressures on the transport network. The A14 Cambridge to Huntingdon improvement will provide some relief to traffic problems in Huntingdon, Godmanchester, Brampton and St Ives, but new transport links and improvements will still be needed to cater for this level of new development.
2.7.2 Alconbury Weald and Wyton Airfield will together deliver over 8,500 new dwellings by 2036, with potential for more development at each site in the longer term. In addition, the Enterprise Zone at Alconbury Weald has 150 hectares of land for employment development. Further development is also planned around Huntingdon, and to a lesser extent St Ives. Significant levels of investment in transport infrastructure and services are needed to provide capacity for this growth.
2.7.3 A range of transport strategy options have been tested using the Cambridge Sub Region Model alongside the development of the Huntingdonshire Local Plan. As a starting point it has been assumed that the new sites will achieve high levels of public transport usage, and that new busway links and interchanges including a new station on the East Coast Main Line will be provided.
2.7.4 Traffic conditions around Huntingdon and St Ives can be very congested at peak periods, particularly at times when the A14 is busy or when incidents occur. In this context, as with Northstowe, the A14 Cambridge to Huntingdon scheme is a critical intervention that will release transport capacity on the local road network around Huntingdon and provide capacity for development’s travel demand.
Page 18 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
2.7.5 With the A14, conditions on the A141 around Huntingdon are expected to markedly improve. However, in order to accommodate future planned growth, it is also considered necessary to safeguard a possible new alignment for the A141 around the north of Huntingdon, should further capacity be needed in future. If such a route were provided in future, the intention would be to separate the longer distance strategic and shorter distance local distributor roles of the current route.
Page 19 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 3. POLICY CONTEXT
3.1 Compliance with Local Policy Objectives
3.1.1 The Local Impact Report details the local policy context of the A14. Copies of relevant local policies may be found in the policies bundle that accompanies the Local Impact Report.
3.1.2 The following section includes a detailed review of compliance with local planning documents. An appraisal of the scheme against specific local policies contained within the planning documents is included in APPENDIX A.
3.2 Cambridgeshire Local Transport Plan 3 (2014)
3.2.1 The Cambridgeshire Local Transport Plan 3 (LTP3) [3] includes a section on the A14 corridor, refers to CHUMMS and the previous Ellington to Fen Ditton scheme, and includes the A14 Cambridge to Huntingdon scheme as a committed scheme to be delivered by 2020.The LTP3 notes that the improvement will provide relief to traffic problems in the wider Huntingdon area and have a positive impact on air quality particularly in Huntingdonshire. The LTP3 concludes that delivery of a development strategy for Cambridgeshire is hampered by current conditions on the A14. Without the scheme, the current severe congestion on the A14 would worsen and growth of the Eastern region would be restricted, with negative consequences for jobs, housing development and regional businesses.
3.2.2 LTP3 identifies the negative impacts of the current A14 on the local transport network in Cambridgeshire. These include:
The negative impact of congestion on the ability to deliver development at Northstowe, the Cambridge fringe sites and at Huntingdon
Rat-running through villages along the route of the A14, leading to localised congestion in roads and settlements that are not designed for strategic traffic, and to negative social and environmental impacts
The Air Quality impacts from traffic on the A14 which have led to the declaration of Air Quality Management Areas (AQMA) in the vicinity of Brampton, Hemingford, Fenstanton, Bar Hill, Girton, Histon and Impington
Page 20 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
3.2.3 The Third Cambridgeshire LTP 2011-2031: Long Term Transport Strategy includes the “A14 Cambridge to Huntingdon Improvement” scheme made up of capacity enhancements including a Huntingdon Southern Bypass. The scheme is identified as a “critical intervention to support development at Alconbury Weald, Wyton Airfield, Northstowe and North West Cambridge”.
3.3 Transport Strategy for Cambridge and South Cambridgeshire (2014)
3.3.1 The Transport Strategy for Cambridge and South Cambridgeshire (TSCSC) forms part of the Local Transport Plan (LTP3) [3]. The TSCSC identifies key locations where there are existing congestion problems and major intervention is planned for. Page 4-31 of the TSCSC refers to the A14 Cambridge to Huntingdon improvement scheme and states that:
This scheme will provide additional capacity on the A14 including a Huntingdon Southern Bypass, widening between Fenstanton and Bar Hill, and parallel local roads between Fenstanton and Girton. It will address existing capacity problems on this nationally and internationally important route, as well as providing capacity that will allow new development at Alconbury, Godmanchester and Northstowe
3.4 Huntingdon Market Town Transport Strategy (2014)
3.4.1 The objectives of the Market Town Transport Strategy [2] are to:
Support strategic sustainable development in and around Huntingdon Keep Huntingdon moving Ensure that the transport network supports the economy and acts as a catalyst for sustainable growth. Ensure good transport links between new and existing communities, and the jobs and services people wish to access. Enhance the transport linkages within Huntingdon Make travel safer Protect the historic and natural environment. 3.4.2 The scheme supports these objectives, primarily as it re-routes strategic traffic away from Huntingdon town centre and Godmanchester and through changes to the local road network, including the removal of the Huntingdon viaduct, provides the opportunity to deliver significant public realm improvements in the future.
3.5 Cambridgeshire’s Local Flood Risk Management Strategy (2013)
Page 21 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
3.5.1 The strategy [4] sets out the roles and responsibilities of Flood Risk Management Partners within the County, highlighting the position of the County Council as the Lead Local Flood Authority under the Flood and Water Management Act 2010.
3.5.2 There are 5 key objectives within the strategy:
Understanding flood risk in Cambridgeshire Managing the likelihood and impact of flooding Helping Cambridgeshire’s citizens to understand and manage their own risk Ensuring appropriate development in Cambridgeshire Improving flood prediction, warning and post flood recovery. 3.5.3 A review of the scheme has not identified any areas where the scheme contradicts the strategy approach.
3.6 Cambridgeshire Landscape Guidelines (1993)
3.6.1 The Guidelines [5] set out the following relevant objectives:
Mobilise care and action amongst the main bodies who play the most active role in generating tomorrow’s landscapes. Improve overall visual quality and strengthen the contrasts between landscapes in different parts of the County (emphasising a sense of place). Integrate wildlife conservation into landscape action at all scales from planning at a county level, through site planning, design and management, to the detailing of “hard” and “soft” features at the smallest scale. Protect and enhance historic features. Conserve existing features and create landmarks and ‘personality’ in the landscape. 3.6.2 On the whole the detailed landscape mitigation detailed in Ch. 10 – “Landscape” of the Environmental Statement reflects the principles set out in the Cambridgeshire Landscape Guidelines.
Page 22 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 4. HIGHWAYS ENGLANDS PROPOSALS
4.1 A14 and A1 Trunk Road
4.1.1 With respect to the proposed new Trunk Road described in the Order Schedule 3 Part 6, Articles 1, and 8, the County Council considers these to be on an acceptable route, the location of which has been the subject of considerable public consultation and study. The County Council is satisfied that the route has been chosen after careful study of alternatives and deliberation. In the case of the proposals presented in the Cambridge to Huntingdon Multi-Modal Study (CHUMMS 2001) and the A14 Challenge (2013) the County Council was a partner in the process.
4.1.2 With respect to the slip roads and connector roads described in the Order Schedule 3 Part 6, Articles2, 3, 4, 5, 6, and 7 the County Council considers these to be a necessary element of the proposals to provide interchange of traffic between intersecting roads.
4.2 Local Roads
4.2.1 The proposals involve de-trunking of approximately 22km of current dual carriageway trunk road. This is the existing A14 between Swavesey and Alconbury, and the A14 from Spitalls to Brampton Hut.
4.2.2 The County Council is entering into a legal agreement with Highways England to protect the interests of the County Council in respect of assets for which the County Council will become the local highway authority. In addition to the 22km of de-trunking, a further 12km of new and improved local roads are to be constructed as part of the project.
4.2.3 The County Council is in general agreement, subject to the legal agreement, that on completion of the scheme existing sections of A14, which no longer serve a strategic purpose, will be de-trunked to become local roads. These roads are, however, of a scale and type that are not present in the County’s highway inventory for care and resources will be needed towards additional operational and maintenance costs. While additional resources will be required to operate and maintain these, the related Government grant is reducing overall.
4.2.4 Discussions are being held with Department for Transport and Highways England regarding this, and asset condition data will need to be assessed to determine ongoing future costs and whether there will be any additional funding. The County Council set
Page 23 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
out its position on funding for adopting de-trunked sections of the A14 in a letter to Highways England on 20 April 2015 [6].
4.2.5 Before de-trunking Highways England has agreed to carry out a programme of repair and renewal to bring the roads and bridges up to a standard where abnormal maintenance is unlikely to occur for a minimum of 10 years after handover (longer in the case of major structures). Existing safety cameras, VMS, and other redundant infrastructure will be removed if not required by the County Council, and signs will be replaced. The matter of de-trunking is dealt with in more detail later in this representation.
A1307 Local Access Road to Swavesey
4.2.6 The proposed Local Access Road described in the Order Schedule 3 Part 6 Article 10, Paragraph 1 (a to g) the County Council considers to be a necessary part of the project to provide access for local traffic, and reduce local trips on the A14. The limited junction strategy of the A14 is acceptable to the County Council in so far as access to local destinations is provided by the A1307 Local Access Road.
A1307 Local Road to Alconbury
4.2.7 The sections of Local Road referred to in DCO Schedule 3 Part 6 Article 10, Paragraph 1 (h to l), 2, and 3 are agreed in principle as roads to be de-trunked (and new works to provide connectivity).
A141 Trunk Road (existing A14)
4.2.8 This road between Spitalls Interchange and A1 Brampton Hut in Schedule 3 Part 6, Article 9 is incorrectly described as being the A141 Trunk Road. The County Council has agreed with Highways England that this section of A14 be de-trunked. This appears to be an error in the Development Consent Order.
4.2.9 The County Council agrees with the proposal to renumber the A14 Trunk Road between A14 Spittals Interchange and A1 Brampton Hut as the A141, as described in Schedule 3 Part 6, Article 9. It further agrees in principle with the proposal in Schedule 3, Part 3 to de-trunk this section.
Page 24 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Local Roads to be Diverted or Improved
4.2.10 The sections of classified road described in Schedule 3 Part 6, Article 11 to 20 are agreed by the County Council as necessary for construction of the A14.
4.3 A14 Huntingdon Railway Viaduct
4.3.1 There is a substantial concrete structure carrying the existing A14 over the B1514 Brampton Road and the East Coast Mainline Railway, known as the Huntingdon Railway Viaduct. This viaduct is understood by the County Council to be in poor condition, and it has had considerable work done on it. Currently the B1514 Brampton Road is realigned to provide headroom to steel “fingers” that support the concrete half joints and prevent the possibility that the suspended centre span could fall onto the road and railway below.
4.3.2 The County Council has been assured by Highways England as to the poor condition of the viaduct. While the County Council believes that it may be possible, at some cost and difficulty, to repair or replace the viaduct, it accepts that there is a value for money argument given the need to construct, in any case, a new Huntingdon Southern Bypass to provide adequate road capacity. There is also the not insignificant consideration that demolition has a positive impact on Huntingdon.
4.3.3 Severing the existing A14 at this location was first proposed in the Cambridge to Huntingdon Multi-Modal Study (CHUMMS) [7]. CHUMMS Strategy 2 was adopted as the preferred plan. Strategies 1 and 6, which maintained the existing A14 through Huntingdon, were both considered to fail to provide relief over existing traffic conditions. Strategy 6 which proposed a northern new strategic route bypassing both Huntingdon and Cambridge, and Strategy 1 (public transport improvements only) both failed to address demand between the A1/A14 to the west and A14/M11 to the east. In consequence traffic on the existing A14 remained high, although with some reductions in A14 traffic with Strategy 6.
4.3.4 The County Council is aware that Highways England held public consultation into route options in 2005, offering for comment the “CHUMMS” route (D3 southern bypass and viaduct demolished) and the “Alternative” (D2 southern bypass and viaduct replaced/repaired). In 2006 further consultation was held relating to routes of the southern bypass.
Page 25 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
4.3.5 The County Council part funded a study jointly with Highways England and others in 2006 that concluded that a proposal to demolish the viaduct and replace it with a junction was beneficial to Huntingdon. This study assessed a wide range of options and alternative layouts, and concluded that a junction between the de-trunked A14 and Brampton Road would have a beneficial impact on traffic in the town, albeit with some negative impacts on the section of Brampton Road immediately next to the de-trunked A14.
4.3.6 The study concluded that the Pathfinder Link at Mill Common was an essential part of the proposals as it reduces traffic demand on Brampton Road to reach Huntingdon town centre. A further key element of the proposals was the West of Town Centre Link Road, which opened to traffic in 2014, now known as Edison Bell Way.
4.3.7 With the new A14 existing congestion at the Spittals Interchange is reduced. Traffic that uses Thrapston Road and Brampton Road to reach Huntingdon and avoiding congestion reverts back to Spittals Interchange. As a result there is a 60% reduction in traffic on Thrapston Road (5200 veh/day in 2020) which connects Brampton Road to the A14 north of Brampton. Similarly there is a reduction of 20% of traffic on Brampton Road with scheme.
4.3.8 Highways England has undertaken operational assessments of the junction replacing the A14 railway viaduct. These show that with the exception of Edison Bell Way all elements of the junction function with an acceptable flow to capacity ratio of less than 85%. Edison Bell Way currently has capacity issues without scheme. With scheme these issues remain, but there is a slight improvement, the scheme does not make it worse.
4.3.9 The County Council will review this assessment when final agreement on traffic flows on local roads is reached with Highways England. However, based on the assessment work done the County Council considers the proposed new junction to be an acceptable and necessary element (to produce environmental benefits) of the A14 proposals.
4.3.10 The Huntingdon and Godmanchester Market Town Transport Strategy adopted by both the County Council and Huntingdonshire District Council states that
The now completed A14 Study indicates that these schemes will significantly reduce the amount of traffic in Huntingdon, Godmanchester and surrounding villages and remove current rat-running to avoid the existing route. Huntingdonshire District Council and Cambridgeshire County Council have
Page 26 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
indicated to the Government that the removal of the A14 viaduct over the East Coast Main Line is a vital component to the scheme in terms of improving local traffic flows. The removal of the viaduct would allow for the creation of new access roads into the town centre, improving accessibility for all modes and allowing the existing A14 alignment to serve as a high quality local road. This in turn would ease pressure on the Spitalls interchange, the A141 bypass and main thoroughfares in Godmanchester.
4.3.11 Huntingdon from the east can only be reached by traffic leaving the A14 at Godmanchester, passing through the historic village of Godmanchester, and crossing the river by a narrow bridge constructed in the 14th Century. The alternative is to bypass Huntingdon, leave the A14 at Spittals interchange and access Huntingdon from the west. Providing a new means of access to the south of Huntingdon reduces traffic in Godmanchester, and on the Huntingdon Ring Road. To avoid congestion at the Spittals interchange traffic passes through Huntingdon (via the Ring Road) that would (but for congestion) have a quicker and more convenient route via Spittals Interchange and the A141. With the southern bypass, much traffic is removed and this traffic no longer needs to be in Huntingdon.
4.3.12 Any A14 option which retains the Huntingdon railway viaduct provides a shorter route from the A1 to the A14/M11 and Cambridge. It is therefore impossible to deliver any environmental improvements in Huntingdon as long as this route remains intact. Only by removing the railway viaduct is demand to use the existing A14 route constrained. An option that did not provide a connection between the two limbs of de-trunked A14 is disadvantageous to businesses and residents on the west side of Huntingdon as this traffic is then forced to use the new southern bypass or to pass through Huntingdon. A connection between the two is therefore desirable, but it needs to dissuade strategic traffic from using it. The proposed junction layout achieves this by incorporating in its geometry and signals an element of demand management. It is also crucial that by connecting to Brampton Road traffic is taken into the 7.5T weight limit zone in Huntingdon.
4.3.13 The traffic benefit, however, is only part of the benefits from removing the Viaduct. The A14 on its current alignment was constructed in 1977 (as the A604) partly along the route of a disused railway. It intruded onto common land, adversely affecting the setting of Mill Common and Views Common. Next to the river it skirts the site of the
Page 27 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
former castle, site of a siege in the English Civil War, and impacts at earthwork from that period. It is almost inconceivable, were such a road to be proposed today on such an intrusive and damaging alignment, that it would be approved, however well mitigated. In fact the existing road is mitigated only by dense planting that does little to conceal the noise of the traffic. Air quality in the vicinity of the A14 is poor, and an area between the A14 and the town centre is currently a designated Air Quality Management Area.
4.3.14 The A14 forms a barrier between the town centre of Huntingdon, Hinchingbrooke, and the river by Port Holme. The river creates a constraint that limits the opportunity for expansion of the town centre. To the west it is constrained by the mainline railway and to the south by the A14.
4.3.15 The view of the County Council is that on balance the removal of the viaduct and creation of a junction are beneficial to Huntingdon. It is for this reason that the proposed removal of the viaduct has been supported by the County Council in the adopted Huntingdon and Godmanchester Market Town Transport Strategy. Removal of the viaduct is also considered to be a key part of a positive legacy of the A14.
Page 28 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 5. STATEMENT OF COMMON GROUND
5.1.1 Cambridgeshire County Council is agreeing a Statement of Common Ground with Highways England. This will be developed and updated through the Examination process. Much of the detail of what has been agreed is in the Statement of Common Ground. The County Council, however, considers that it might be useful to the Examining Authority to provide further information in this representation on matters where it is believed there is common understanding with Highways England.
Page 29 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 6. LOCAL IMPACT REPORT
6.1.1 The Local Impact Report is the primary document setting out the impact of the A14 Cambridge to Huntingdon scheme on the local environment. Impacts reported in the Local Impact Report are not repeated in this written representation.
6.1.2 The proposals provide for mitigation of adverse noise and visual impacts. The County Council would not wish there to be any dilution of the mitigation provided, and the proposals should be considered a minimum requirement. If Highways England were in detailed design to provide additional or enhanced mitigation, where possible to do so, this would be very welcomed by the County Council.
6.1.3 The County Council is aware that not all adverse impacts have been mitigated, and that there are residual impacts which are reported in the Local Impact Report (2) and Environmental Statement. While there are some communities, such as Brampton, in very close proximity to the proposals, others are more remote. In consequence, while more remote communities may experience negative impacts, these are generally minor or insignificant. There are also other communities which experience significant improvement from the removal of traffic from the existing A14.
Page 30 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 7. NOISE
7.1.1 The County Council welcomes the provision of noise barriers and mounding at various locations. To ensure these are effective the County Council expects Highways England to implement noise monitoring after opening, and to address by means of additional or improved barriers noise impacts that exceed those predicted.
7.1.2 The noise impacts of the scheme are set out in the Environmental Statement and Local Impact Report. The County Council welcome the improvements in existing Important Areas.
7.1.3 With regard to the properties likely to experience an adverse effect from traffic noise, but for which no specific mitigation has been proposed, the County Council would request Highways England to consider if additional mitigation measures are feasible, to mitigate adverse noise impacts further. This is particularly in relation to Stewart Close – Brampton, RAF Brampton and Pear Tree Close – Fenstanton. In any case, post-opening monitoring is required.
7.1.4 Properties close to the existing A14 at Rhadegund Cottages, Hackers Fruit Farm, and Catchall Farm will experience a significant observed adverse effect after taking account of mitigation. The County Council requests Highways England to consider if additional mitigation is feasible to mitigate adverse noise impacts further.
7.1.5 With respect to borrow pit operations, the County Council is concerned that the noise impacts have been assessed using criteria appropriate for road construction and not those appropriate for mineral extraction. In particular, noise from screens, weighbridges, conveyors and the like is emitted from fixed locations within a geographically limited area, compared to construction on a linear site with the workface at varying distance. Further consideration is requested in relation to these operations to ensure that noise impacts will be appropriately mitigated in relation to the borrowpits.
Page 31 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 8. AIR QUALITY
8.1 General
8.1.1 The County Council welcomes the improvements in air quality in existing Air Quality Management Areas, largely as a result of removal of traffic from the existing A14 at Huntingdon and Fenstanton. However, the County Council has some concerns regarding the potential for worsening of air quality in Cambridge. This is particularly given that the specific impacts are not yet fully clear as more detailed modelling and analysis is required in the central parts of Cambridge. This matter is reserved for agreement pending the completion of this work to assess traffic changes in Cambridge as a result of the A14 project.
8.1.2 Air quality monitoring should be implemented to ensure that effects on air quality are as predicted.
8.2 Cambridgeshire Joint Air Quality Action Plan (2010)
8.2.1 The Air Quality Action Plan (AQAP) was developed by Cambridge City Council, Huntingdonshire District Council and South Cambridgeshire District Council. It looked at how to improve air quality up to 2015 in order to meet national air quality objectives,
setting priority actions for each district, and focuses on reducing PM10 and NO2 concentrations along the A14 and within each district.
8.2.2 The specific actions related to the A14 and improving air quality are:
Widening of the A14 carriageway between Fen Drayton and Histon Re-alignment of the A14 and the construction of a local road between the M11 and Bar Hill junctions during the A14 Improvement Scheme 8.2.3 The scheme includes proposals that seek to meet the objectives set out in the plan.
8.3 Operational Dust
8.3.1 The County Council will work with Highways England in developing the Code of Construction Practice, Construction and Environmental Management Plan, and Local Environmental Management Plans to ensure that adequate and effective controls are in place to reduce and control dust from construction, and from operation of the borrow pits.
Page 32 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 9. CODE OF CONSTRUCTION PRACTICE
9.1 Development of the Code of Construction Practice
9.1.1 As it stands the Code of Construction Practice is only a preliminary document, and needs considerable development before it can completely fulfil its purpose. Much detail that would normally be expected will be in Local Environmental Management Plans that are yet to be developed.
9.1.2 Highways England has agreed to consult with the County Council as the Code of Construction Practice and Local Environmental Plans are developed. The County Council wishes this consultation to be secured by a Requirement on the Secretary of State and this is covered later in this representation.
9.1.3 The County Council’s comments on the Code of Construction Practice included in the Environmental Statement are:
Section Paragraph Comment
Section 1: General It needs to be clear that references to "main Introduction contractors" means inter-alia their supply chain. The term "main contractors" is used interchangeably with “Contractors”.
Section 1: 1.1.4 Highways England needs to consult with local Introduction authorities in the scheme area to ensure a consistency of approach between this project and other developments.
Section 1: Figure 1 The CEMP should be developed before the Introduction construction phase.
Section 2: General The County Council considers the CoCP to be Environmental non-specific in the management of management and cumulative effects of multiple contracts implementation although the coordination role in 3.2 is noted.
Page 33 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Section 3: 3.2 It is not clear if the Employers Representative Environmental role will also be split. It seems impractical management and that one Employers Representative can implementation manage multiple contractors on this scale effectively, and hence provide effective control over implementation of the CoCP, CEMP and LEMPs.
Section 3: 3.3.1 The CEMP needs to be developed before Environmental construction starts, not (as shown in Section management and 1, Figure 1) once construction starts. implementation
Section 3: 3.3.5 Highways England has agreed to consult with Environmental the County Council in development of the management and CoCP, and inter-alia the CEMP; the County implementation Council expects its reasonable comments and observations to be taken on board by Highways England
Section 3: 3.9.4 This should state minimum experience Environmental requirements in number of years. A minimum management and of 5 years’ experience on similar projects implementation should be required (10 for senior positions).
Section 5: General 5.1.5 Start up and close down periods are open to site operations abuse. The restrictions are welcomed, but must be enforced.
Section 5: General 5.1.7 and 5.1.8 The complexity of works at this location is site operations generally inadequately addressed in the CoCP. Attention needs to be given to access along Brampton Road, protection of pedestrians and station users, operation of station car parking, and removal of demolition waste and spoil. While this is
Page 34 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
clearly intended to be developed in detailed design, these matters should have been given more attention at this stage.
Section 5: General 5.1.9, 5.1.10, These have too wide a scope. We would site operations and 5.1.11 prefer to see extensions by exception rather than rule, to be considered case by case.
Section 5: General 5.1.10 The delivery and haulage of materials along site operations the scheme in periods of reduced traffic is an area that could usefully be considered. We refer also to the potential use of the Chesterton railhead to deliver locally unobtainable aggregates.
Section 6: Air quality 6.6 This appears to be inadequately developed to deal with the demolition of bridges and the Huntingdon viaduct. The requirements seem more suited to the demolition of brick buildings than substantial concrete structures.
Section 6: Air quality 6.9 This section is somewhat brief given that this type of plant is likely to cause nuisance at borrow pit sites if not satisfactorily controlled.
Section 15: Traffic 15.7.2 Requirements for condition surveys and and transport strengthening/widening of secondary (B, C and unclassified) roads used for access should be added. A requirement to carry out repair works to restore secondary roads to pre- construction condition should be added. Use of residential roads if required by exception be only by full consultation with the communities affected and with
Page 35 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
implementation of all mitigation measures so agreed.
Section 15: Traffic 15.5.3 An NMU/ROW Access Management Plan is and transport needed which should form part of the Traffic Management Plan. The County Council requires a master plan and programme of any proposed temporary closures/diversions to be agreed with them, stakeholders and users before works start.
All such works must comply with the County Council’s ‘Guidance for construction traffic when crossing public rights of way (PROW)’. This was developed and successfully implemented for the building of large developments in the County such as Cambourne and the Cambridgeshire Guided Busway
9.2 Changes Required to the Development Consent Order
9.2.1 Substitute Schedule 2, Part 1, Requirement 3 as written with:
3.—No part of the authorised development must commence until written details of the Code of Construction Practice for that part, together with the Construction Environmental Management Plan and Local Environmental Management Plans, have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.
9.2.2 Required to secure consultation with the relevant local planning authority in development and approval of the Code of Construction Practice. Consultation with the County Council has been agreed by Highways England, and the Development Consent Order requires modification to be consistent with this undertaking.
Page 36 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 10. TRANSPORT ASSESSMENT
10.1 Background
10.1.1 Highways England has developed a traffic model (CHARM – Cambridge to Huntingdon A14 Road Model) which is based in part on the highways element of the County Council’s Cambridge Sub-Regional Model (CSRM). Highways England has used this information as the basis for creating a new bespoke traffic model for forecasting the impact of the proposed improvement of the A14 on both the strategic and local road networks.
10.1.2 The version of the model used in support of the Order application is termed CHARM2. The County Council is aware that there is a CHARM3A model, and will comment on this after Highways England has submitted their traffic update report to Examination. This representation explores the background to the County Council agreeing with Highways England a programme of further modelling work.
10.1.3 The County Council appointed consultants (Systra) to assist in fully understanding the methodology and assumptions used in the modelling, and to assess the impacts of the proposed scheme on the local road network, particularly outside the immediate vicinity of the proposed scheme. The results of the work undertaken by Systra are set out in a technical note (Forecasted Impacts on Local Road Network) [8].
10.1.4 The County Council is broadly content with the modelling work undertaken by Highways England, and that the traffic modelling approach in general is sound and appropriate. However, Highways England has, in the opinion of the County Council, given insufficient consideration in the traffic modelling to the assessment of impacts on local roads.
10.2 The County Council Position on CHARM2
10.2.1 The County Council has a number of concerns regarding the CHARM2 traffic modelling, which are set out below.
10.2.2 The baseline includes a number of schemes in Cambridge that are not committed. These include the permanent closure of roads in Cambridge which have an impact on trip distribution in Cambridge. The result of this is that the CHARM2 model does not accurately reflect the operation of the road network in Cambridge.
10.2.3 There are zoning errors where trip ends are assigned to incorrect zones. In the main these errors do not affect the A14 as the trips associated with these zones still use the
Page 37 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
correct A14 junction. This is however an issue for the local road network as the end point of the trips in the model affects the trip distribution on the local road network.
10.2.4 Journey times on the A14 have been modelled using median rather than mean values. This is a valid approach to ensure that the economic benefits of the proposed scheme are not over-estimated. However, the use of median journey times means that the model does not fully take into account the impact that congestion on the A14 has on journey times, and hence issues such as route choice and the use of the local network to avoid the A14. The impact of this is that the proposed scheme does not appear to generate the level of reduction on local routes that might be expected.
10.2.5 In addition to the point above there appears to be excessive highway capacity in the base model. This has resulted in the level of delay or congestion, particularly on the A14, being under-estimated. This means that the level of traffic re-routing in the base year to avoid congestion on the A14 and re-routing of traffic back to the de-trunked A14 as a result of the introduction of the proposed scheme is again potentially underestimated.
10.2.6 Validation of the local road network is variable, failing to meet WebTAG thresholds in some locations, sometimes by a significant margin. Further, validation of traffic forecasts in the principal urban areas of Cambridge and Huntingdon is based on screen lines around the built up areas, and not on individual internal routes. Consequently the County Council considered there to be insufficient confidence in the forecast flows on local roads, and this is discussed further below.
10.2.7 The County Council notes that the traffic flows on the A14 meets required validation criteria, but considers that a different validation picture is obtained when the A14 is excluded. That is not to say that the predicted changes are not valid, only that greater confidence in them is desired by the County Council.
10.3 Local Impacts
10.3.1 Due to the variable nature of the base model validation in areas away from the A14 the performance of the base year model, the forecast changes through time to give the do- minimum/without A14 future year projections, and the forecasted impacts as a result of the scheme were assessed area by area for each of the key population centres or locally sensitive areas. The areas covered by these assessments are as follows;
Area 1: Alconbury, Little Stukeley, Great Stukeley;
Page 38 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Area 2: Huntingdon, Brampton, Hartford and Godmanchester; Area 3: Houghton, Wyton, St Ives, Fenstanton, Fen Drayton; Area 4: Swavesey, Over; Area 5: Elsworth, Boxworth, Knapwell; Area 6:Papworth Everard, Hilton; Area 7: Bar Hill, Longstanton, Willingham, Oakington and Northstowe; Area 8: Dry Drayton, Madingley; Area 9: Girton, Histon and Impington, Cottenham, Milton; and Area 10: Cambridge. 10.3.2 The County Council has considered local network impacts in each of these areas focussed on three modelled scenarios, these being:
the base year (2014) model; the future ‘without scheme’ model, also known as Do Minimum or DM (2035); and the future ‘with scheme’ model, known as Do Something Plus or DS+ (2035). 10.3.3 At this stage, and pending further modelling work, the County Council has greater confidence in the patterns of traffic flow change, rather than the quantum of that change.
Area 1: Alconbury, Little Stukeley, Great Stukeley
10.3.4 CHARM2 reasonably reflects the base year operation and the likely future flow changes through this area as the validation, and the changes through time in the do-minimum scenario, within this area appear reasonable.
10.3.5 The introduction of the scheme appears to significantly reduce the number of vehicles on the A14 spur road to Spittals Interchange with this traffic re-routing to the proposed Huntingdon Southern Bypass.
10.3.6 With regard to the impact of the scheme on Ermine Street the model indicates that traffic flow change between the Base and the Do Minimum are primarily related to the Alconbury Weald development and the associated mitigation which removes strategic traffic from Ermine Street. The model indicates that there is little change in traffic flow between the DM and DS+ scenarios.
10.3.7 The impact of the A14 in this area will see further re-routing of strategic traffic from Ermine Street and will also provide the new Alconbury Weald Development with viable route choices for trips to and from the development.
Page 39 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
10.3.8 The County Council is of the view that the model validates reasonably in this area, with traffic flow changes through time and due to the scheme also appearing reasonable. The projected changes to the traffic flows and trip distribution in this area are therefore considered to be reasonable.
Area 2: Huntingdon, Brampton, Hartford and Godmanchester
10.3.9 The validation of this area falls below the accepted standards and therefore CHARM2 does not accurately reflect the base year. Examination of the change in traffic patterns as a result of the introduction of Edison Bell Way in the future year Do Minimum scenario shows traffic re-routing from the Inner Ring Road on to Edison Bell Way to Stukeley Road. This is a change that has been observed on the ground as a result of the opening of Edison Bell Way in April 2014.
10.3.10 As a result of the Do minimum re-routing due to the introduction of Edison Bell Way seeming reasonable, the re-routing of traffic in this area as a result of the introduction of the scheme has been investigated. The results of this indicate that traffic that currently uses the racecourse junction to access either the A141 or areas to the north of Huntingdon (i.e. traffic that is using this route to avoid Spittals interchange in the base and Do Minimum scenarios) re-routes and remains on the de-trunked A14 to Spittals Interchange, accessing North Huntingdon via the A141
10.3.11 The impact of the A14 scheme along the B1514 varies with the section between the Racecourse junction and Hinchingbrooke Park Road seeing a significant reduction in traffic. The introduction of the Views Common Link does result in an increase in traffic on the section of the B1514 between Hinchingbrooke Park Road and Edison Bell Way east bound in the morning peak. This is because this link provides an alternative route for access to Huntingdon Town Centre.
10.3.12 As a result of the above assessment the County Council considers that, despite the less than optimum validation of CHARM2 in this area, the re-routing indicated as a result of the introduction of the scheme seems reasonable. However, the quantum of the flow change is uncertain due to weak validation, and this needs further work to improve levels of confidence.
Page 40 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Area 3: Houghton and Wyton, St Ives, Fenstanton, Fen Drayton
10.3.13 CHARM2 reasonably reflects the base year operation and the likely future flow changes through this area as the validation within this area, and changes in flow through time, appear reasonable.
10.3.14 The largest change in this area occurs on the de-trunked A14 which is forecast to experience a net reduction in traffic as strategic movements move onto the new A14 alignment. The lower traffic flows along the de-trunked A14 increases the ability of local traffic to join the de-trunked A14 which consequently draws traffic onto The A1096 London Road just south of St Ives. Examination of the model indicates that this traffic previously routed through Fenstanton to access the A14.
10.3.15 Due the potential underestimation of delays on the existing A14 caused by the use of median journey times CHARM2 does not show significant use of the A1123 as a route to avoid the A14 in either peak period. Consequently the flow reduction on the A1123 as a result of the scheme is less than anticipated. This may be resolved when further modelling work is completed.
10.3.16 The model represents the Cambridge Road Fen Drayton/A14 junction as an all- movements junction rather than a set of on/off slip roads. The model as a result permits movements which are not possible. The modelled flows are therefore unrepresentative of the likely impacts of the scheme at this particular location. It is the understanding of the County Council that this anomaly has been identified and rectified in subsequent modelling. For this reason the County Council is not able to verify the detailed impact of the proposed scheme in this Area until the revised further modelling is available.
Area 4: Swavesey and Over
10.3.17 CHARM2 does not accurately reflect the base year operation as the validation within this area is below acceptable levels. However the likely future do-minimum flow changes through this area do not appear unreasonable.
10.3.18 The County Council is of the opinion that despite the less than optimum validation of the model in this area examination of the change in traffic patterns as a result of the introduction of the scheme appear to be reasonable. From this it appears that the introduction of the scheme does not have a significant impact on the local road network, and the changes in flows seen are largely the result of the inclusion of traffic from
Page 41 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Northstowe Phase 2. Northstowe Phase 2 can only be developed if the A14 is constructed. As a result Northstowe Phase 2 is in Do Something, but not Do Minimum.
10.3.19 The quantum of the flow change is uncertain due to weak validation and network coding errors, and this needs further work to improve levels of confidence.
Area 5: Elsworth, Boxworth, Knapwell
10.3.20 CHARM2 does not accurately reflect the base year operation as the validation within this area is below acceptable levels. However the likely future do-minimum flow changes through this area do not appear unreasonable
10.3.21 The most significant increases in flow between the base year and Do Minimum occur as a result of extra trips generated by the developments to the south of the A428 and strategic traffic seeking to avoid congestion along the A14 by routing though this area to access the A428. This is due to significant delay at the Caxton Gibbet roundabout on the A428 which prompts traffic to avoid this junction and travel along more minor routes to access the A428.
10.3.22 The introduction of the A14 scheme has a positive impact on flows compared to the Do Minimum as it provides an alternative route for trips which are shown to be avoiding the A14 in the Do Minimum. This results in an overall net reduction in flow through Elsworth between the Do Minimum and Do Something+ scenarios.
10.3.23 However, despite the less than adequate validation of the base year model in this area the modelling indicates that the proposed scheme does not have a significant impact on the local road network, with the exception of traffic flows through Elsworth which are shown to decline. However, the quantum of the flow change is uncertain due to weak validation, and this needs further work to improve levels of confidence.
Area 6: Papworth Everard, Hilton
10.3.24 CHARM2 reasonably reflects the base year operation and the likely future flow changes through this area as the validation, and the changes through time, within this area appear reasonable.
10.3.25 Investigation in to the impact of the scheme indicates that, on the whole, the scheme does not have a significant impact on the area overall with the exception of the A1198 as a result of the junction with the Huntingdon Southern Bypass.
Page 42 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
10.3.26 The scheme is predicted to significantly affect traffic flows along the A1198 North of Lattenbury Bridge where two-way flows are forecast to increase significantly in both the morning and evening peak periods. Strategic bound traffic originating from settlements south of the A428 is encouraged to use this road and access the strategic road network at an earlier point rather than travelling through Buckden, which is the case in the Do Minimum scenario.
10.3.27 Whilst significant increases in flow are projected along Rogues Lane, Toseland Road, Offord Road and Barnfield Lane between the 2014 base and 2035 Do minimum scenarios, the A14 scheme reduces the traffic flow along these roads, thus providing a positive benefit to these areas.
Area 7: Bar Hill, Longstanton, Willingham, Oakington and Northstowe;
10.3.28 CHARM2 reasonably reflects the base year operation and the likely future flow changes through this area as the validation within this area is reasonable.
10.3.29 The results of the modelling indicate that the scheme does not have a significant impact on the local road network, and the changes in flows seen are largely the result of the introduction of the traffic from Northstowe development.
10.3.30 The infrastructure provided by Northstowe results in a reduction in the number of trips through Longstanton, whilst the severing of the Airfield Road reduces traffic through Oakington. However, neither of these reductions appears to be a result of the introduction of the proposed A14 Improvements.
Area 8: Dry Drayton, Madingley;
10.3.31 CHARM2 reasonably reflects the base year operation and the likely future flow changes through this area as the validation within this area is reasonable.
10.3.32 The results of the modelling indicate that the scheme does not have a significant impact on the local road network, but there are changes in flows largely as the result of the introduction of the traffic from Northstowe Phase 2.
10.3.33 The scheme (in particular the local access road) results in a change of routing of local Madingley traffic. As a result there is in DS+ a significant increase in traffic on The Avenue as a result of the current left in/left junction being replaced by a junction that permits a right turn towards Cambridge. This provides route choice that does not currently exist. Examination of the traffic model indicates that this apparent increase,
Page 43 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
in the main, is traffic that has an origin or destination in Madingley, but is currently using Dry Drayton Road to reach the A14, or Cambridge Road to reach the A1303.
10.3.34 Madingley Parish Council has requested closure of The Avenue. On the basis of the assessments to date, the County Council considers that there would be little benefit to Madingley from closing The Avenue unless Dry Drayton Road was also closed. If both roads were closed, Madingley residents would be inconvenienced by losing access to roads north of the village, and a significant proportion of traffic using The Avenue appear to be local residents. Achieving a significant reduction in through traffic for Madingley would require both The Avenue and Dry Drayton Road to be closed. The County Council will reconsider this assessment when local impact testing has been completed.
10.3.35 The model does not appear to indicate an increase in trips from the A428 to the A14/LAR via Madingley.
10.3.36 The traffic modelling predicts a shift in traffic routes used between Madingley and Cambridge with a movement of trips from Madingley Road onto Huntingdon Road as a result of the local access road.
10.3.37 It is the view of the County Council that due to the satisfactory validation of the model in this area, and the further assessment of changes in flow through time in this area that has been undertaken, the impacts of the scheme as indicated by the modelling are reasonable. However, the actual impact of the scheme on The Avenue and the High Street in Madingley will need to be monitored and appropriate mitigation provided by Highways England if the projected impacts are exceeded.
10.3.38 The scheme is predicted to significantly change traffic flows through Dry Drayton. The road becomes a preferred route between settlements south of the A428 and Longstanton, Northstowe and Oakington. It appears that this is traffic due to Northstowe rather than the A14. There is also some long distance traffic routing to areas north of the A14 through Dry Drayton.
10.3.39 Investigation of the model indicates that the modelled DS distance between Dry Drayton and Oakington is around 800m shorter than in the DM. This network anomaly is likely to make the route through Dry Drayton unrealistically attractive and is likely to result in an increase in flow in DS+. We have advised Highways England of this issue and have been advised that they will address this in future modelling work.
Page 44 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
10.3.40 However, the quantum of the flow change is uncertain due to the network coding errors, and this needs further work to improve levels of confidence.
Area 9: Girton, Histon and Impington, Cottenham, Milton;
10.3.41 CHARM2 does not accurately reflect the base year operation as the validation within this area is below acceptable levels. However the likely future do-minimum flow changes through this area do not appear unreasonable.
10.3.42 However, the modelling indicates that there are not projected to be significant changes in this area as a result of the introduction of the scheme. There are forecast to be few significant changes in flow in Cottenham, Histon and Impington and Milton. However, there is forecast to be an increase in northbound traffic along Oakington Road north of Girton but a reduction in the southbound direction.
10.3.43 The increase in northbound traffic is a result of the proposed local access road running between the B1050 and Dry Drayton Road which acts as an alternative to the A14 for traffic from settlements north of the A14. The increase in traffic along Oakington Road northbound is due to traffic from Histon and Impington travelling to Huntingdon, Northstowe and Longstanton which travel along Oakington Road in order to access the local access road.
10.3.44 The severance of the Airfield Road as part of the Northstowe development results in a reduction in southbound flow on Oakington Road in both peak hours. This traffic, originating from the Swavesey area and destined for Cambridge, switches to the local access road and improved A14.
10.3.45 However, the quantum of the flow change is uncertain due to weak validation, and this needs further work to improve levels of confidence.
Area 10: Cambridge
10.3.46 The view of the County Council and Cambridge City Council is that CHARM2 does not accurately predict traffic flow changes in Cambridge, and the model shows growth in trips into central Cambridge which is counter to the accepted position of both Councils that further growth in traffic to Cambridge City Centre is constrained by lack of parking, limited scope or policy support for additional development increasing trips by car modes, and highway capacity constraints.
Page 45 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
10.3.47 Further, the changes in Cambridge on specific radial routes are affected by the presence in the model of uncommitted local schemes that influence traffic distribution in Cambridge. This is compounded by the lack of local validation within the Cambridge urban area. Highways England has validated on a screen line around the urban areas of Cambridge, but has not validated key roads within the City.
10.3.48 The County Council and City Council believe that the use of median rather than mean journey times on the A14 will have the effect of over-estimating traffic on the A14 in the base year, and under-estimating traffic that is displaced onto local roads. As a result traffic reductions on the local road network from improvement of the A14 may be under-estimated. There is also evidence that existing levels of congestion on the A14 lead to traffic that is accessing locations in the City avoiding certain junctions and leaving the A14 earlier than it might otherwise do. With increased A14 capacity as a result of the proposed improvement it is anticipated that there will be some switching between Cambridge radial routes.
10.3.49 The weak validation on local roads in the opinion of the County Council and City Council reduces confidence in the predicted impacts on the City’s local road network from the A14. The City Council desires to have a greater level of confidence in the predictions.
10.3.50 The County Council and City Council have both been working with Highways England to address these concerns, and a have agreed that Highways England will carry out Local Impact Testing to deal with the concerns.
10.3.51 The County Council and City Council will comment on Highways England’s submission of the Traffic Model Update and CHARM3A in July. Comment on the Local Impact Testing will follow in August. The Local Impact Report will be re-submitted in September to update the Examining Authority on the agreed impacts on the local road network.
10.4 Further Work Needed
10.4.1 The County Council is evaluating the new model (CHARM3a) that is to be submitted to the Examining Authority on 15th June 2015, and will be commenting on how this model addresses issues raised in relation to CHARM2.
10.4.2 In addition the County Council is also actively working with Highways England in undertaking and evaluating Local Impact Testing. The key issues that have been identified in the review undertaken to date include;
Page 46 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
The use of median rather than mean journey times and the resulting underestimation of congestion and delay on the A14; The zoning anomalies and the resulting lack of trips on parts of the local road network; and Inclusion of uncommitted schemes within the City of Cambridge; 10.4.3 The Local Impact Testing is due to be reported by Highways England to the examining authority on the 2nd of August.
10.5 Transport Assessment
10.5.1 The submitted Transport Assessment contains anomalies which the County Council and City Council has brought to the attention of Highways England. The Transport Assessment is also based on the CHARM2 model in which the County Council has generally low confidence as to impacts on local roads.
10.5.2 In Section 7.5 the Transport Assessment considers traffic flow changes on local roads. While many of these are beneficial by reducing traffic flows on the local network, the extent of the reporting of changes is selective and not fully representative. In order to assess the impact of the A14 on local roads a more comprehensive assessment is needed, not just one point on each route, of which the actual location is not clear.
10.5.3 The Transport Assessment considered wider impacts of the scheme (Section 7.9) by applying a threshold to identify junctions with a percentage flow increase of more than 30% in the short term as a consequence of the A14 scheme. The County Council considers this threshold to be too high. This threshold is that set for assessing environmental implications and is not considered appropriate for assessing the potential significance of traffic impacts.
10.5.4 Whilst the use of percentage increase is no longer widely used in the assessment of transport development impact, the use of a threshold in this instance seems reasonable. However, the County Council considers that the threshold should be set at 5% in congested areas and 10% in non-congested areas. As a result of the level set in the TA, only 4 locations on the local road network were identified for further assessment. These were:
Middle Watch / Ramper Road, near Swavesey; Boxworth Road / Rose and Crown, near Swavesey; Scotland Road / High Street, Dry Drayton; and A14 Junction 26 (A1096/B1040).
Page 47 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
10.5.5 The position of the County Council is that this is an inadequate assessment of the impact of the scheme on local roads.
10.5.6 The County Council is confident that as a result of the Traffic Model Update and Local Impact Testing that Highways England will be able to put it in a position of confidence in the impact of the A14 on the local road network. Where any uncertainty remains, or where there may be sensitivity to variation the County Council will require Highways England to implement a programme of pre and post opening monitoring of traffic flow on local roads.
10.5.7 The locations of these will need to be agreed between Highways England, the County Council, and the City and District Councils following further scrutiny of the ongoing traffic modelling but based on the evidence provided to date these are likely to include:
B1514 Brampton; Mill Road Buckden; A1123 St Ives; A1096 St Ives to A14; The Avenue, Madingley; High Street, Madingley; Girton Road Girton B1040 Hilton; Graveley Way, Hilton Middle Watch / Ramper Road, near Swavesey; Boxworth Road / Rose and Crown, near Swavesey; Scotland Road / High Street, Dry Drayton; A14 Junction 26 (A1096/B1040); Various sites in Cambridge City, including key radial routes; and Other locations should these be identified following Local Impact Testing. 10.5.8 Highways England has also agreed in principle to funding appropriate works if necessary to mitigate the local impacts of the A14 should monitoring suggest greater adverse impacts as a consequence of the scheme than those projected by the model.
Page 48 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 11. MINERALS AND WASTE
11.1 General
11.1.1 Material requirements are dealt with in chapter 13 of the ES. Paragraph 13.6.8 indicates that 5.8M m3 of material will be required from the borrow pits. Sourcing these materials from local borrow pits where possible is welcomed by the County Council as essential to reduce the need for road haulage of materials. The existing roads are congested in many cases and many local roads unsuitable or subject to weight limits. It is assumed that there will still be a significant volume of other minerals not locally available, such as crushed rock for road stone.
11.1.2 The location of the borrow pits broadly accords with the areas of search identified in the Minerals and Waste Core Strategy: three sites being totally consistent, two being partly within and partly outside the allocated site and one being outside but immediately adjacent to the allocated site.
11.1.3 The County Council worked with Highways England in 2008/09 to identify suitable areas for borrow pits and included them in the Minerals and Waste Plan (the Plan) which was subject to Examination in Public in 2011. The recommendation of the Inspector [9] was to accept the Minerals and Waste Plan, including the identified borrow pit sites. The sites were identified solely to construct the A14, and cannot be used for commercial mineral extraction, or for other projects. Due to cancellation of the A14 Ellington to Fen Ditton project, the borrow pit sites were reclassified as “areas of search” as the minerals in them were identified in connection with a then cancelled project. The Inspector considered that it would be speculative to predict the outcome of further studies of the A14.
11.1.4 The outline proposals for restoration and potential after uses are generally acceptable to the County Council, being based upon restoration to agriculture where possible (borrow pit 3 and part of borrow pit 6) and an informal recreational and/or wildlife after use in other cases.
11.1.5 The Soil Management Scheme (ES Appendix 12.2) provides a sufficient basis for the removal, storage, handling and replacement/utilisation of soils arising from the borrow pits. The County Council considers this to be a minimum requirement, and would not wish to see these requirements reduced in any way.
Page 49 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
11.1.6 Subject to detailed comments within this representation (particularly in relation to noise mitigation), the Code of Construction Practice (ES Appendix 20.2) forms a sufficient basis for the control of operations on the borrow pits and the mitigation of environmental effects. However, it is noted that this is an evolving document and the County Council will expect to be fully consulted as the document develops.
11.1.7 The County Council requires the borrow pits sites to be restored to an acceptable standard, commensurate with the standards normally expected of commercial mineral extraction operations in Cambridgeshire. The County Council, irrespective of the destination of the materials, does not consider the borrow pit operations to be significantly different from commercial extraction in terms of impact. Consequently, while the County Council is keen to facilitate local extraction to reduce the impact of road haulage, it does not consider that the normal conditions on mineral extraction in the County should be significantly eased. Were it to do so, the County Council would expect commercial operators to seek the same level of easing. The longer term environmental impacts of such a decision could be far reaching.
11.2 Scope of Planning Policy Assessment
11.2.1 The County Council is seeking full compliance with the Cambridgeshire and Peterborough Minerals and Waste Core Strategy. Whilst some chapters of the ES make reference to this document, this is not consistent throughout, and there are significant policy requirements at risk of being ignored.
11.2.2 Paragraph 6.3.6 of the ES advises that:
The draft National Policy Statement for National Networks (NPSNN) (Department for Transport, 2013) sets out the proposed policy against which the Secretary of State for Transport will make decisions on applications for nationally significant infrastructure projects on the road and rail networks.
11.2.3 However, para. 1.18 of the published NPSNN (December 2014) states that:
The NPPF is also likely to be an important and relevant consideration in decisions on nationally significant infrastructure projects, but only to the extent relevant to that project.
11.2.4 The NPSNN does not give specific advice in relation to borrow pits since it was not designed for that purpose. Government advice on mineral extraction is contained in the
Page 50 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
NPPF, and associated Minerals Planning Practice Guidance which is found online on the Planning Portal. Para. 144 of the NPPF requires that the determining authority should:
ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality;
ensure that any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source, 31 and establish appropriate noise limits for extraction in proximity to noise sensitive properties;
11.2.5 Paragraph 143 of the NPPF requires that, in preparing Local Plans, local planning authorities should:
Set out environmental criteria, in line with the policies in this Framework, against which planning applications will be assessed so as to ensure that permitted operations do not have unacceptable adverse impacts on the natural and historic environment or human health.
11.2.6 The purpose of Local Plans is therefore to translate Government Policy into relevant advice at the local level and provide a sound policy framework. The Cambridgeshire and Peterborough Minerals and Waste Core Strategy does that, and is therefore the appropriate specific policy document against which to assess the environmental impacts and acceptability of the proposed borrow pits.
11.2.7 Para. 3.11.9 of the ES draws support from the fact the borrow pit sites are earmarked in the Plan, specifically for facilitating the A14 improvements, but the sites have been allocated on the assumption that relevant policies in the Plan will be complied with. Policy CS1 of the Core Strategy sets out the Strategic Vision for sustainable minerals development, including borrow pits to provide material for the A14 Project.
11.2.8 The key issues which need addressing in relation to the allocated borrow pits are listed within the site profiles in section 7 of the Cambridgeshire and Peterborough Site Specific Proposals Development Plan Document (referred to hereafter as SSP Document) [10], which allocates the specific borrow pit sites. In each case, the supporting text states:
Page 51 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Detailed assessment of development impacts and mitigation techniques will be required as part of any individual development proposal through the planning process.
11.2.9 The submitted proposals fail to address some of these key issues which were critical to the County Council’s original allocation of the sites.
11.2.10 The County Council has set out in the Local Impact Report the impacts that the pits are likely to have at the local level. The County Council notes (and welcomes) the objectives of Highways England to provide a long term positive legacy to local communities and businesses. Restoration of the borrow pits is considered by the County Council to be an element of securing this legacy in respect of nature conservation, flooding, rights of way, and where appropriate, amenity use by local communities.
11.2.11 Requirement 10 on the Secretary of State in Schedule 2, Part 1 of the Development Consent Order requires only that restoration of the borrow pits complies with the borrow pits restoration plan. Unlike other Requirements in Schedule 2 there is no obligation on the Secretary of State to consult with the relevant local planning authority at the detailed design stage. The County Council considers it to be entirely reasonable that it should be consulted in the detailed design of the borrow pits and restoration. It is believed that Highways England has no objection to this and to secure this the County Council is requesting a change to Schedule 2, Part 1, Requirement 10 as follows.
11.2.12 Substitute the Requirement as written with:
10.—(1) No excavation of borrow pits forming part of the authorised development must commence until written details of the excavation, operation restoration, and aftercare for those borrow pits, including means of noise and air quality mitigation, have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.
(2) The borrow pits must be constructed, operated and restored in accordance with the approved details referred to in sub-paragraph (1).
11.2.13 Required to secure consultation with Cambridgeshire County Council as the mineral planning authority, and to ensure the borrow pits meet the operational and restoration standards required for mineral extraction in the County of Cambridgeshire. The County Council considers that Highways England has provided at this stage inadequate detail of the proposed restoration of the borrow pits. In consequence, in the view of the County
Page 52 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Council, the planned borrow pits are likely to be restored to a lesser standard than mineral workings in Cambridgeshire generally. Highways England’s proposals do not comply with the established policies of the County Council as are normally applied to consents for mineral extraction in Cambridgeshire.
11.3 Review of Established Policy
11.3.1 A full review of local policy compliance of the borrow pits is provided in APPENDIX C
11.3.2 Policy references in the headings below relate to the Minerals and Waste Core Strategy [11].
Policy CS22 – Climate Change
11.3.3 This policy requires proposals to take account of climate change for the lifetime of the development. Flood compensation for the road scheme is designed having regard to this and some of the borrow pits play a part in providing surface water attenuation for the scheme, which is an approach the County Council entirely supports.
11.3.4 However, recognising that mineral extraction proposals provide the opportunity to assist in addressing the broader climate change agenda within the local area, Policy CS22 states:
In the case of mineral workings, restoration schemes which will contribute to addressing climate change adaptation will be encouraged e.g. through flood water storage, and biodiversity proposals which create habitats which act as wildlife corridors and living carbon sinks.
11.3.5 Several areas along the route, at Brampton, Fenstanton, Bar Hill and Girton, already have significant flood risk issues and the Local Authorities and the Environment Agency have, throughout the pre-application consultation period, highlighted the potential for borrow pits to assist in alleviating pre-existing local flooding issues. This approach is consistent with Policy 100 of the NPPF, which advises Local Authorities to consider,
‘using opportunities offered by new development to reduce the causes and impacts of flooding.’
11.3.6 Given the overall environmental impacts of the scheme on local communities, particularly Brampton, it is considered that the possibility of providing long term legacy benefits to those communities as part of the scheme is all the more important, and entirely consistent with the stated objectives of Highways England to secure a positive
Page 53 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
legacy. In this context the County Council considers a positive legacy to mean that the scheme leaves the local environment in a better condition than existed beforehand, and that the impacts of the scheme are more than neutral.
11.3.7 The County Council therefore welcomes the agreement of Highways England to consider in detailed design providing, where feasible to do so, measures to reduce risk of future flooding where there is an existing flooding problem.
Policy CS25 - Restoration & Aftercare
11.3.8 This policy requires sites to be restored,
‘in a phased manner to a beneficial after use, with aftercare arrangements’.
11.3.9 The proposals do not consider the need for phasing. Given an operational period of up to five years (see table 14.9 of ES chapter 14), this is considered to be an important issue. Phased restoration can minimise the duration of impacts and ensure beneficial restoration of the site at the earliest opportunity. At the same time a careful phasing programme can minimise the duration for which soils need to be stored. These may be matters that can be better considered at the detail design stage, but the County Council looking for a commitment to implement these principles where feasible in the context of the programme of works.
11.3.10 The application includes provisional drawings showing proposed restoration schemes for the borrow pits, and the County Council has no issue with the general principles proposed.
11.3.11 Para. 1.1.2 of ES Appendix 3.3, states:
The restoration designs for the borrow pits have been developed broadly according to two main objectives:
- restoration to agriculture where possible;
- or provision of quiet informal recreation such as walking and fishing and also for biodiversity with the balance determined by local factors.
11.3.12 The proposals for restoration and after use broadly align with the proposals in the SSP Document. However, in pre-application consultation with Highways England, it became apparent that informal recreation and biodiversity are merely ‘potential’ after uses and that there is no commitment to implementing them. Details of such uses are not in Highways England’s proposals, for example no rights of way are included by which
Page 54 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
means walking could be facilitated, nor is access for fishing provided. Highways England has acknowledged that these proposals are not taken into account as mitigation of the scheme.
11.3.13 Para. 144 of the NPPF requires the determining authority to:
‘provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary’.
11.3.14 The footnote to this section of the NPPF advises that, “Technical Guidance on Minerals published alongside this Framework sets out how these policies should be implemented”. Para. 037 of the Minerals Planning Guidance advises:
The most appropriate form of site restoration to facilitate different potential after uses should be addressed in both local minerals plans, which should include policies to ensure worked land is restated at the earliest opportunity and that high quality restoration and aftercare of mineral sites takes place, and on a site- by-site basis following discussions between the minerals operator and the mineral planning authority
11.3.15 With regard to those sites (or parts of them) proposed to be restored to agriculture, it is accepted that this can be achieved through good working practices and a five year aftercare scheme. However, where the end use is proposed to be for nature conservation, simply restoring and landscaping the site and leaving it to develop on its own, will not guarantee the satisfactory development of the habitat. Standard practice in such cases is to require a minimum aftercare period of 10 years.
11.3.16 10 year after-care requirements are considered appropriate for borrow pits 1, 2 & 3, and in the case of shorter periods the view of the County Council is that nature conservation and biodiversity objectives are at risk.
11.3.17 Para. 11.4.5 of the ES classifies borrow pit restoration as being ‘temporary’ because it cannot be guaranteed beyond a five-year period. Highways England thus recognises that there is insufficient certainty that wildlife habitats will develop and, for this reason, does not include them as habitat gain within the assessment.
11.3.18 The lack of commitment to the development of new habitat is particularly disappointing given that this fails to take the opportunity to provide compensation for the unmitigated ecological impacts of the road scheme (these are set out in this submission under
Page 55 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
ecology and nature conservation), through the restoration and aftercare of borrow pits. It is understood that Highways England is intending to provide, and has secured funding for, 10 year aftercare periods for borrow pits 1, 2 and 7, and the County Council welcomes this.
11.3.19 With regard to those sites identified as being suitable for informal recreation, there is no clear commitment to a means of achieving this. The situation is easily resolvable by creating new public rights of way across sites to link in to the existing rights of way network. This is considered appropriate for borrow pits 1 & 2 which are close to the urban area of Brampton and, new rights of way around the restored lakes coupled with the proposed aftercare agreements above, will thus provide some long term legacy benefit for a community significantly impacted by the road proposals.
Policy CS34 - Protecting Surrounding Uses
11.3.20 Policy CS34 requires the protection of residential amenity with mitigation measures including, where appropriate, buffer zones.
11.3.21 This is fully consistent with para. 144 of the NPPF, which requires the following principles to be applied in determining applications:
ensure, in granting planning permission for mineral development, that there are no unacceptable adverse impacts on the natural and historic environment, human health or aviation safety, and take into account the cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality;
ensure that any unavoidable noise, dust and particle emissions and any blasting vibrations are controlled, mitigated or removed at source, and establish appropriate noise limits for extraction in proximity to noise sensitive properties.
11.3.22 Noise impact from the proposed road scheme is assessed in chapter 14 of the ES, and para 14.1.31 notes that construction noise has been assessed against the Code of Practice for noise and vibration control on construction and open sites. This has been applied to the borrow pits as well as the road scheme itself. However, this presumes that the nature of noise from mineral extraction and restoration operations is identical in nature to that arising from road construction and can be assessed on the same basis. This not the case, and the Government has established separate guidance for mineral
Page 56 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
operations which is contained within the Technical Guidance for Minerals, published alongside the NPPF.
11.3.23 A number of the borrow pits are in close enough proximity to residential property to cause potential concern in relation to noise. Borrow pit 2, for example, sits immediately adjacent to residential units on the former Brampton RAF housing area. Table 14.9 of ES chapter 14 predicts that the operation of borrow pits and soil storage compounds could give rise to monthly noise levels of approximately 67dBLpAeq,12hr. for an assumed period of 42 months, which is concluded to be acceptable (see table 14.9 of ES chapter 14). This is treated as being a ‘significant effect’.
11.3.24 However, paragraph 30 of the Technical Guidance to the National Planning Policy Framework [12] prescribes a maximum daytime noise limit not exceeding 55dB (A) LAeq, 1h (free field). Lower limits are set for night-time operations. There appears to be potential for noise nuisance, with effects of borrow pit working being of greater significance than identified in the noise assessment.
11.3.25 It is noted that there is a significant difference between the potential 42 month operational period for the borrow pit and the assumed duration of between 1 and 2 months for other particularly noisy elements of the road related construction activities that are identified in the same table. Being disturbed by a significant noise effect for a month may be acceptable if the purpose is understood and the end of it is in sight. However, to have to endure such a level for three and a half years is a significant period out of someone’s life and could potentially impact adversely.
11.3.26 It is accepted that working programs have yet to be developed and that noise will be managed through the CoCP, and Local Environmental Management Plans (LEMP) which are yet to be developed. However, noise assessment for the borrow pits should be based upon the criteria set out in the national Technical Guidance to the National Planning Policy Framework. This has been published as separate guidance because noise from mineral sites is of a different nature to general construction noise.
11.3.27 Road construction will take place on a linear site, with various stages of activity passing close to individual properties only for a short space of time. Borrow pit operations will involve the use of heavy earth moving machinery, excavators and dump trucks within a confined static area for significant periods of time. Plant such as conveyors, hoppers, weigh bridges and screens will be at fixed locations. It would be wrong to treat borrow pits differently to other mineral workings on the basis that they are needed for the road
Page 57 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
scheme. Many mineral sites have a life of only three or four years (comparable to the proposed borrow pits). Because of the more intensive working over a shorter time period, it is often these sites that have the greater noise impact.
11.3.28 Para. 14.1.15 of the ES draws attention to the Government’s Planning Practice Guidance for noise, but the document fails to have regard to paragraph 009 of that Guidance, which advises that National Planning Practice Guidance: Minerals is the relevant tool to use in the assessment of noise from mineral workings.
11.3.29 Para. 5.191 of the NPSNN is fairly wide reaching in its advice, stating:
Operational noise, with respect to human receptors, should be assessed using the principles of the relevant British Standards and other guidance. The prediction of road traffic noise should be based on the method described in Calculation of Road Traffic Noise.………… For the prediction, assessment and management of construction noise, reference should be made to any relevant British Standards and other guidance which also give examples of mitigation strategies.
11.3.30 It is the County Council’s contention that the Planning Practice Guidance for Minerals is both relevant and appropriate to the consideration of noise impacts from the borrow pits.
11.3.31 With regard to dust mitigation, it is accepted that this will be dealt with through the CoCP and LEMP. However, as well as the actual borrow pit excavations, this needs to give careful consideration to the associated soil storage areas. This is of particular concern in relation to borrow pits 1 & 2 where soil storage areas are shown immediately adjacent to residential property.
Policy CS35 - Biodiversity and Geodiversity
11.3.32 Consistent with para 118 of the NPPF this policy aims to conserve and enhance biodiversity. However, the level of assessment for the borrow pits has not been as detailed as might normally be expected. This is particularly true in relation to potential impacts upon designated nature conservation sites. Para. 5.22 of the NPSNN states:
Where the project is subject to EIA Highways England should ensure that the environmental statement clearly sets out any likely significant effects on internationally, nationally and locally designated sites of ecological or
Page 58 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
geological conservation importance (including those outside England) on protected species and on habitats and other species identified as being of principal importance for the conservation of biodiversity and that the statement considers the full range of potential impacts on ecosystems.
11.3.33 Nature Conservation is covered by chapter 11 of the ES. Para 11.5.8 identifies Brampton Wood SSSI and Fenstanton County Wildlife Site (CWS) as designated sites for which potential adverse effects have been screened out as neutral as a result of design mitigation. Table 11.5 states that Brampton Wood is 550m from the proposed borrow pit works. On plan, the distance appears to be nearer 425m.
11.3.34 The adequacy of assessment of the impact of dust and de-watering on CWS is discussed in the section on Ecology and Nature Conservation
Policy CS36 - Archaeology and the Historic Environment
11.3.35 Policy CS36 seeks, amongst other things, to prevent adverse impacts on features of archaeological importance, but allows the possibility for development to be permitted where satisfactory mitigation measures have been defined following consideration of the results of prior evaluation. This approach is consistent with para. 128 of the NPPF and para. 5 127 of the NPSNN. The site schedules in the SSP Document note that all of the sites have been allocated subject to further archaeological assessment.
11.3.36 Chapter 9 of the ES generally recognises the potential archaeological significance of the borrow pit sites and includes proposals for targeted excavation on parts of borrow pits 1, 2, 3 & 5. However, the County Council considers that further information (physical evidence) is required to assess whether the proposed mitigation is sufficient and appropriate.
11.3.37 Without further assessment there is a possibility that not all mineral is winnable if archaeological remains sterilise part of the site, or that proposed mitigation is inadequate. This issue is covered in more detail in the Council in the Cultural Heritage section of the Council’s representation
Policy CS37 - Public Rights of Way
11.3.38 This policy requires applications to make provision for enhancing the public rights of way network where practicable. This is consistent with Paragraph 75 of the NPPF, which states:
Page 59 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Local authorities should seek opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails.
11.3.39 As identified under policy CS25 above, there is the opportunity to provide legacy benefits from the scheme in relation to borrow pits 1 and 2, and the creation of rights of way is considered essential to guarantee public access and justify the identified after- use of informal recreation. The SSP Document proposes within the site schedules that both borrow pits 1 and 2 should be restored to a biodiversity after-use and should include public access. The potential for public access has only been identified on these two sites as they are the only ones in close proximity to large areas of population.
11.3.40 The sketch drawings at APPENDIX B were provided to Highways England on 28th January 2015 and show the approximate routes that the County Council would like to see created on each site.
Policy CS39 - Water Resources
11.3.41 This policy aims to prevent adverse effects on the water environment as a result of operations including dewatering. In this case the Council has concerns about the potential effects of dewatering on two designated nature conservation sites.
11.3.42 Potential effects on dewatering at Brampton Wood SSSI are covered at para. 17.4.45 of the ES, which states:
‘It is envisaged that the sand and gravel deposits do not extend to the Brampton Wood SSSI, with glacial till being the only superficial deposits. The entire area is underlain by Oxford Clay and the woodland located on higher ground some 500m away from borrow pit 1. On that basis, there would be no impact on the hydrogeological functioning of the Brampton Wood SSSI as a consequence of the scheme.’
11.3.43 The County Council believes the distance to be closer to 425m. Para. 17.4.38 of the ES defines the Zone of dewatering influence as being up to 450m, which suggests that there may be the possibility of an effect upon the SSSI.
11.3.44 There are also the potential effects of dewatering borrow pit 3 on the immediately adjacent Fenstanton Gravel Pits CWS. This is most certainly within the potential zone of
Page 60 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
influence defined in the ES and yet there appears to be no consideration of the potential effect on this important wildlife site.
Issues with Specific Borrow Pit Sites
11.3.45 A review of individual borrow pits is included in APPENDIX D.
11.4 Sourcing of Material Not Available Locally
11.4.1 Table 13.10 in the ES notes that there will be a need for importing materials, including blacktop, crushed rock sub base, and concrete, involving the use of materials that would need to be sourced off-site. This would have a potentially moderate/large adverse impact.
11.4.2 Policy CS1 [11] sets out the strategic vision and objectives for sustainable minerals development and specifically includes the following statement:
Major infrastructure projects will be facilitated through the supply of mineral. In the case of the future improvements to the A14 (Ellington to Fen Ditton), specific provision will be made through sand and gravel and clay borrowpits close to the scheme. Where essential minerals cannot be supplied from the Plan area e.g. granite, the use of sustainable transport of this material will be encouraged, including railheads. Sustainable transport facilities will be safeguarded through the designation of Transport Safeguarding Areas
11.4.3 The County Council has suggested that Highways England should investigate the potential use of the Chesterton Rail sidings on the northern edge of Cambridge (see Figure 1 - Location of Chesterton Rail Sidings) to supply aggregate that cannot be sourced locally, including the possibility of providing a temporary access directly to the A14. At the same time, however, consideration needs to be given to local amenity impacts, including any implications of night-time operation.
Page 61 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Figure 1 - Location of Chesterton Rail Sidings
11.4.4 The County Council considers that Highways England has made considerable effort to reduce transport impacts on the road network, but it is not clear whether these have been secured by means of a contractual obligation on the contractor to make use of the facilities provided (such as borrow pits). It is understood that Highways England wishes to retain the operation of free market in the supply of aggregate to obtain best prices.
11.4.5 The County Council would prefer that there is a presumption on Highways England to source materials locally, and to use non-road haulage for those materials not available locally. As public money is being spent, value for money and best price must be a criterion, but it is not the only criterion. Many of those living in communities close to the scheme will be taxpayers who stand to be impacted by the haulage of materials to build the A14.
11.5 Required Changes to the Proposals of Highways England
11.5.1 The proposals contain inadequate detail of the operation and restoration of the borrow pits. The County Council requires Highways England to provide detailed proposals when available at the appropriate stage in development, for Highways England to consult with
Page 62 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
the County Council in developing these proposals, and for the reasonable requirements of the County Council to be implemented.
11.5.2 The County Council requires these changes to ensure that the working and restoration of the borrow pits is carried out to an appropriate high standard, consistent with the relevant policies in the Cambridgeshire and Peterborough Minerals and Waste Core Strategy.
11.5.3 The County Council will expect Highways England at the detailed design stage to consider:
Phased working and restoration schemes to provide for the orderly working and progressive restoration of sites in a timely and effective manner. Dewatering and artificial drainage of the sites during the period of operations. Measures to prevent groundwater pollution. Noise mitigation based on ‘Technical Guidance for Minerals’, together with proposals for the control and monitoring of noise. The potential impact of borrow pits and soil storage areas on adjacent residential properties. The potential for providing temporary screening arrangements during the period of operations. Protection and enhancement of biodiversity interests on each site. The potential effects of dust from borrow pit 3 on Fenstanton CWS. The potential effects of dewatering of borrow pit 1 on Brampton Wood and of borrow Pit 3 on Fenstanton CWS Proposals for the creation of additional public rights of way in borrow pits 1 and 2 in order to support the proposed recreational afteruse. Schemes for the aftercare and management of restored sites, including a 10- year aftercare programme for those sites with an ecological after use (borrow Pits 1, 2 and 3) and 5 years in other cases. A strategy for the sourcing and transport of crushed rock and minerals not available locally.
Page 63 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 12. ROAD DRAINAGE AND FLOODING
12.1 General
12.1.1 The County Council agrees to the inclusion of prescribed consents under the Land Drainage Act 1991 being dis-applied by the Development Consent Order and has agreed with Highways England a Protective Provision in Schedule 8 of the Development Consent Order whereby the County Council will be provided with details of proposed works for approval.
12.1.2 The County Council has classified watercourses as low or high risk (key) with low risk watercourses being dealt with by a “bulk” consent process. Key watercourses will require individual consents. This is dealt with in the Protective Provision.
12.1.3 Highways England has provided for mitigation of flooding to the extent that this is required by the proposals. This preserves the baseline flood storage before construction of the new road. However, a number of communities are currently affected by flooding before the A14 is constructed. The proposals by Highways England do not currently reduce either the risk or severity of flooding in the baseline.
12.1.4 Cambridgeshire County Council has created a County wide surface water management plan that identifies settlements in the County that are at significant risk of flooding. Many are located near the A14. Brampton, Fenstanton, Girton, and Histon and Impington have all been identified as being of significant risk of flooding.
12.1.5 The County Council welcomes the agreement of Highways England to address existing flooding in detailed design where feasible to do so.
Bar Hill
12.1.6 Any culvert on all tributaries off Oakington and Longstanton Brook’s which run under the A14 must not be increased in diameter, but may be extended or replaced. Many of these culverts under the A14 near to Bar Hill currently create a throttle to flow. These may have contributed to flooding in Bar Hill as current upstream storage in Bar Hill is insufficient to store the water; currently it provides an estimated 1 in 50 year event capacity. Enlarging this culvert is likely to cause downstream flooding in Oakington as the downstream watercourse is unable to take the increased flow.
12.1.7 The reconstruction of the junction will remove part or the entire existing attenuation pond. This will need to be replaced.
Page 64 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Histon and Impington
12.1.8 The village has been identified to be at significant risk of flooding, and is dependent on drainage from two awarded watercourses, Award 164 and Award 165. There are concerns that the volume of runoff from ponds being creating (next the Histon junction) may increase the volume of runoff into Award 164. Highways England will need to demonstrate that any works will not increase the runoff rate or volume into the awarded watercourse 164, thus not increasing flood risk to the community of Histon and Impington.
12.2 Policy Context
12.2.1 Highways England is Government Owned Company. Two Government Departments – DEFRA and DCLG are committed to managing and reducing flood risk. A legacy of the A14 Cambridge to Huntingdon project that managed and reduced flood risk would be aligned to the stated objectives of three Government Departments.
12.2.2 A Memorandum of Understanding (MoU) between the Environment Agency and Highways England (signed by Paul Leinster and Graham Dalton, Chief Executive of Highways England in November 2009) stated the purpose of the refreshed MoU as: To minimise flood risk, ensure compliance with relevant legislation and reduce the environmental impact of the road network. It further stated:
Key Benefits to External Customers:
Reduced environmental impact on the existing network by promoting sustainable design and Build
New roads are planned and developed to minimise the impact on the environment
A quicker and more efficient response to incidents that threaten the environment and safety of road users
Key Benefits for Addressing Future Challenges:
Adapting to climate change
Implementation of the Water Framework Directive
Joint initiatives on environmental crime
Page 65 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Further developing the use of sustainability and sustainable drainage techniques
12.3 Agreement to Address in Detailed Design
12.3.1 Highways England has agreed with the County Council to address in detailed design existing flooding problems in the areas described, where reasonable and feasible to do so.
Page 66 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 13. CULTURAL HERITAGE
13.1 General
13.1.1 The County Council is the relevant authority to be consulted on the impact of the A14 Cambridge to Huntingdon Improvement Scheme where it stands to affect non- designated heritage assets. Historic England and the District Councils (specifically the Conservation Officers) are the relevant authorities for designated assets, including Scheduled Monuments and their settings, Listed Buildings and their curtilages. This representation specifically deals with non-designated assets, and the general and rich archaeological heritage of Cambridgeshire.
13.1.2 The County Council has agreed with Highways England that the scoping of programmes of archaeological works will be jointly appraised by the County Council and Historic England, while scoping, and fieldwork monitoring for evaluation and mitigation investigation phases will be conducted by the County Council, supported by Historic England where remains considered to be of national importance are revealed during fieldwork, or where fieldwork takes place in close proximity to Scheduled Monuments (such as at Mill Common).
13.1.3 There is agreement with Highways England that mitigation by controlled archaeological excavation will take place well in advance of construction of the off-line sections of the route. Save for certain barred-access areas, the off-line route has been subject to a very dense array of evaluation trenches and non-intrusive surveys, and its archaeological character is understood. Focused archaeological excavations can be, but have not yet been, quantified and resourced for inclusion in the scheme's forthcoming mitigation strategy.
13.1.4 It is also agreed that sites of newly discovered nationally important remains, or other significant sites found during pre-construction archaeological investigations or during construction works, will need to be subject to detailed excavation in advance of construction, as the potential to preserve for posterity remains of this nature in situ is unlikely to be achievable once the detailed design of the route has been completed. The conservation of the archaeological interest of nationally important remains is enshrined in national policy: National Planning Policy Framework (NPPF), DCLG 2012, paragraphs 132 and 139 apply.
Page 67 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
13.1.5 The removal of the viaduct at Huntingdon and the embedding of the old A14 at lower level in what will become a local road will remove an eyesore in Huntingdon and enhance the significance of general and designated heritage assets in the area. The realignment of the new, slighter, link road at Mill Common to join the new local road to the Huntingdon ring road, and the removal of numerous large roundabouts that were initially planned for this area is very welcome, as this historic landscape area (in single ownership for 1000 years by the Freemen of Huntingdon) will no longer remain swamped by imposing road structures and motorway scale signage.
13.1.6 It is noted that the Order Schedule 2 Part 1, Requirement 7 provides for consultation with the relevant authority with regards to acceptance of Written Schemes of Investigation. As noted above, for non-designated assets, Cambridgeshire County Council has been periodically consulted by Highways England, but Highways England has shown reluctance to act on the recommendations of the County Council. In consequence the County Council is concerned that Highways England’s approach to understanding the heritage resources of this large swathe of the County, and the concomitant resourcing implications for the archaeological programme of investigation for the entire scheme is at risk of being inadequate. This is set out in more detail below.
13.1.7 Where access could be arranged, Highways England undertook only non-intrusive surveys in parts of some archaeologically-rich areas. For example, within the borrow pits: areas in which the potential for the presence of archaeological remains is noted as ‘high’ in the Cambridgeshire and Peterborough Minerals and Waste Core Strategy (CPMWCS; Cambridgeshire County Council and Peterborough City Council, July 2011) based on existing historic environment record evidence. The County Council considers that non-intrusive survey alone (aerial photograph transcription work for crop and soil marks; geophysical survey) is not sufficient or appropriate evaluation of these areas, some of which contain complex and extensive archaeological evidence.
13.1.8 Specialist providers of non-intrusive survey techniques endorse the need to validate such survey results through trial trenching or other physical tests in their own reports, as it is only through ground truthing the data that the significance and character of archaeological remains can emerge.
English Heritage, 2008, Geophysical Survey in Archaeological Field Evaluation: "2.4 Data Interpretation .... Any reference to ‘negative evidence’ must be fully qualified and explained. Lack of geophysical anomalies cannot be taken to imply
Page 68 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
a lack of archaeological features, and in such cases an alternative evaluation procedure – eg trial trenching, or the use of a different geophysical technique – should be considered."
13.1.9 The presence or absence, character, extent, date, integrity, state of preservation and quality are tests outlined in the Chartered Institute for Archaeologists' professional standard [13] for evaluation to aid decision-making as to whether or not sites/remains should be conserved for future generations to enjoy (NPPF paragraphs 129 and 139 apply), or if they can be subject to suitable mitigation strategies and thus be preserved 'by record', following analysis, synthesis and publication (NPPF paragraph 141).
13.1.10 The construction impacts of the six borrow pits will be major upon buried archaeological remains, requiring a robust approach to the archaeological investigation of these large landscape areas. The governing policy for cultural heritage within the CPMWCS is as follows;
CS36 Archaeology and the Historic Environment
Mineral and waste development, including extraction and restoration, will not be permitted where there is:
a. an adverse effect on any designated heritage asset, historic landscape, or other heritage asset of national importance, and / or its setting unless there are substantial public benefits that outweigh that harm or loss
b. any significant adverse impact on a site of local architectural, archaeological or historical importance.
Minerals or waste development may be permitted on a site of local archaeological importance where satisfactory mitigation measures (including preservation in situ of archaeological remains through appropriate, monitored management plans and/or archaeological investigation followed by the publication of the results in accordance with agreed written schemes of investigation) have been defined following consideration of the results of prior evaluation.
In fenland landscapes development proposals must also address the hydrological management of the site and the potential effects of draw down / de-watering impacts on known archaeological remains. This assessment may be required to address an area beyond the planning application boundary.
Page 69 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
13.1.11 We are not yet able to agree to the mitigation strategy as not all borrow pit areas have been adequately appraised (Borrow pit 5 was omitted entirely in the WSI) and methods and the research objectives of investigation programmes have not been addressed. Consequently, the WSI is not in compliance with policy CS36.
13.1.12 While a significant proportion of the off-line road route (only) has been subject to physical trench-based evaluation, areas of the Scheme footprint that have not been subject to appropriate or sufficient evaluation cannot be considered to have been adequately characterised and their archaeological significance remains unknown, lacking compliance with the cultural heritage evaluation principals (3.3 and 3.9) published in the Design Manual for Roads and Bridges (2007) [14], and the advice given in 5.126-7 in the Department of Transport’s National Policy Statements for National Networks.
13.1.13 This is an important consideration as significant unplanned resourcing pressures can be anticipated post consent, should unexpected remains be found during further evaluations and stripping exercises. Unscheduled or inadequately scoped archaeological excavations risk programme delays and the unrecorded loss of archaeological evidence, and are considered unacceptable by the County Council.
13.1.14 The archaeological study of Mill Common has been overly reliant on non-intrusive survey and the character of the archaeological remains in this multi-faceted historic landscape area has consequently been understated. Further work to develop an appropriate archaeological mitigation strategy for this specific part of Huntingdon’s Conservation area is needed in order for it to become acceptable to the County Council. Greater account of the significance of the location of the proposed road works areas in relation to the two scheduled monuments bounding Mill Common is required: the Norman period Huntingdon Castle to the east (ref National Heritage List England 1011712) and Medieval Bar Dyke (NHLE 1004669) at the west end of Mill Common, reworked by Cromwell’s troops as part of the town defences during the English Civil War.
13.1.15 Mitigation of construction impacts of all groundwork types will be required where archaeological evidence is present within the scheme. Aside from the off-line route (see agreed matters above) these should include:
1. Balancing ponds
2. Ecology Ponds
Page 70 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
3. Ecological Mitigation areas
4. Soil Storage Areas
5. Construction Compound Sites
6. Borrow Pits
7. Flood Compensation areas
8. Link and new access roads and new junctions
9. Any areas where as yet unspecified ground works will occur.
13.1.16 An appropriate mitigation strategy needs to be designed that will allow for an appropriately resourced programme of archaeological works that will include:
the full excavation of remains where they occur (‘focused excavation’ devised following the appropriate evaluation of areas 1-9 as set out above) in advance of extraction in borrow pits for materials, or the construction of the road and all other associated groundworks (pertaining to roadwork excavations or compression sites, eg bunds and embankments where archaeological remains are present); and/or the suitable preservation in situ of remains considered to be of national importance (possibly requiring a moderate design change) should these be found and where this can be achieved; a strategy for examining the gravel units in Borrow Pit 3 – an area of known Palaeolithic remains buried within the gravel body; the analysis and publication of the results of all of the archaeological surveys and fieldwork schemes relating to the project (two formats: technical and popular); provision for the long-term display of discoveries in suitable public places as this scheme will generate very large archaeological assemblages of public interest This should include museum funding assistance; interpretation boards in publically accessible legacy areas (eg restored borrow pits, appropriate places along public rights of way), fuel stations/service stations (new and/or existing, as appropriate) and other public places such as libraries and dedicated websites; the preparation and storage of the archive in Cambridgeshire’s archaeological archive facility following the transfer of title to CCC of retained assemblages and records (preferred, but as agreed). an appropriate policy for Treasure finds. a public engagement outreach scheme. the timely deposition of reports to, and provision of GIS layers in suitable formats to the Cambridgeshire Historic Environment Record.
Page 71 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
13.1.17 All aspects of the archaeological programme should be carried out in accordance with the procedures and guidance contained within Historic England’s manager’s guide: Management of Research Projects in the Historic Environment. The MoRPHE Project Managers’ Guide (HE 2006, reissued 2015), and in accordance with the Chartered Institute for Archaeologists' (CIfA) Code of Conduct, the Standard and Guidance for Archaeological Excavation (CIfA 2014).
13.1.18 The County Council was provided with draft Written Schemes of Investigation (WSI) on 21 April 2015. These have been reviewed and the position of the County Council with respect to the draft Written Schemes of Investigation are as follows:
13.1.19 The draft WSI research objectives fail to indicate to the curator how the archaeological framework will be set for this significant, extensive archaeological investigation across roughly 26 miles of the south central part of Cambridgeshire. Consequently, there is no focus on how the archaeologies of the different landscape character areas (Gt Ouse river valley/terraces; Cambridgeshire clay plain; urban fringe) may differ along the route and how the excavation strategies and priorities of archaeological ‘site areas’ will be directed.
13.1.20 A significant omission is the inclusion of the methods and results of the previous tranche of A14 work (2008-9), the archive and results of which should be integrated into any investigation programme.
13.1.21 There is also no archaeological mitigation strategy for known archaeological sites within the new local access roads to the north and south of the current A14 between Fen Drayton and the Girton Interchange.
13.1.22 The specific aims of the WSI are extremely brief and do not extend to validate or critically assess the methods of evaluation (both intrusive and non-intrusive) in all phases of evaluation work for the A14 scheme. There seems to be no differentiation of approach between the methods of Targeted Excavation, Strip Map and Sample Excavation and Watching Brief, why or when these methods would be used. The repetitious approach in each method outline conveys a lack of understanding of method selection, of the character of the archaeology and or the construction impacts, and inevitably the consequences for the overall resourcing of the investigation.
13.1.23 Detailed comments on the draft WSI were provided to Highways England on 22 April [15].
Page 72 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 13.2 Required Changes to the Development Consent Order
Schedule 2, Part 1, Requirement 7
13.2.1 Substitute “relevant planning authority” for “relevant authority”. This would make Requirement 7 consistent with other Requirements, and ensure that the County Council was consulted (and reasonable comments adopted) in addition to Historic England. If the Examining Authority considers that Requirement 7 does not need amendment, then a direction by the Examining Authority that Cambridgeshire County Council is the relevant authority for non-designated cultural heritage assets is requested.
13.2.2 Required to secure consultation with respect to Written Schemes of Investigation and to protect cultural heritage assets in the County of Cambridgeshire.
Page 73 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 14. ECOLOGY AND NATURE CONSERVATION
14.1 Ecological Mitigation Principles
14.1.1 Ecology and nature conservation are dealt with in chapter 11 of the ES and this is where Highways England rightly identifies a number of principles for mitigating impacts of the scheme. These include, et al, the creation of new habitats along the highways estate, and in the restored borrow pit areas, together with appropriate management programmes in order to achieve a net habitat gain.
14.1.2 This is in line with the NPPF which advocates minimising impacts and providing net gains in biodiversity (para 109) through restoration and re-creation of priority habitats (para 117). Highways England has identified various Ecological Mitigation Areas (ES Figure 11.13) which are aimed at addressing the adverse impacts on ecology. However, these only address impacts on protected species and meet statutory requirements for licensed species, such as Great Crested Newt.
14.1.3 The County Council is disappointed with this approach. These areas should be designed to mitigate and compensate for loss of habitat that will have an impact on species of county, district and local importance (e.g. breeding / wintering birds and invertebrates at Buckden Gravel Pits County Wildlife Site (CWS), dragonflies at Fenstanton Pits CWS, Palmate Newts and large populations of Common Toads at Debden Farm, Godmanchester).
14.1.4 The County Council would like to see Highways England taking all opportunities to enhance biodiversity value and the failure to do this is disappointing.
14.2 Designated Sites
14.2.1 The importance of Buckden Gravel Pits CWS for its ability to support a rich variety of breeding and wintering birds, including species of county and district value, and it’s comparatively high invertebrate value (seven Nationally Scarce species recorded in the wetland area) is recognised by Highways England. The site is also of value for its bat foraging habitat and high levels of bat activity.
14.2.2 Buckden Gravel Pits is the only designated site to be directly affected by the scheme in terms of land loss but, despite this, a Phase 1 habitat survey of the entire site was not undertaken. In the County Council’s view this is unacceptable and as a result there is a risk that adverse impacts on the CWS have not been identified.
Page 74 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
14.2.3 Small areas of habitat will be permanently lost but Highways England feels that these are unlikely to have a significant effect on the overall functioning/integrity of the CWS and effects on the site’s designated features. Also that there will be only minimal disturbance to shallow groundwater flows as a result of construction of the viaduct with no significant effects expected on the hydrogeological functioning of the Buckden Gravel Pits (ES 11.5.53).
14.2.4 These assessments are based on insufficient evidence rather than any detailed assessment of the habitats present at the site and identification of the key features for which the CWS is designated. It is known that the site contains areas of varying ecological value (Wildlife Trust Survey 2014), with some lakes of significant quality to support aquatic flora whereas others are of minimal value. The current habitat quality has not been assessed adequately with the result that potential opportunities to provide mitigation / compensation within the County Wildlife Site, for example the creation of new, ecologically-rich water bodies or remedial works to enhance the poorer quality habitats, have not been identified.
14.2.5 Whilst Highways England claims that the loss of breeding bird habitat at Buckden Gravel Pits is offset by the creation of breeding habitats throughout the scheme, the County Council does not agree that this would be sufficient to mitigate impacts on the CWS. Without more detailed botanical/habitat assessment it is impossible to ascertain whether the designatory features will be adversely impacted by the proposals. The scheme fails to confirm whether the scheme will result in the loss of the best (or indeed the poorest) standing water habitat.
14.2.6 Highways England has stated that they are willing to engage with the County Council prior to the Order examination in order to discuss the design of pre-construction surveys and monitoring. The County Council considers that neither Requirement 4 nor Requirement 6 in the Order at Schedule 2, Part 1 binds the Secretary of State to consult with the relevant local planning authority, and hence seeks the imposition of an appropriate Requirement similar to that at Requirement 4 and Requirement 6.
14.2.7 With regards to Brampton Wood SSSI and Fenstanton Pits CWS the County Council are concerned that hydrological impacts on these site have not been fully assessed or that the scheme complies with Policy CS39 – Water Resources [11].
14.2.8 At Brampton Wood there would be a local reduction in groundwater levels caused by the dewatering of Borrow Pit 1, whilst at Fenstanton Pits CWS there could be disruption
Page 75 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
to surface water flows due to groundwater dewatering at Borrow Pit 3. The County Council is concerned that the construction/operational phases of mineral works at these Borrow Pits will impact on these sites and that this impact has not been assessed within the ES.
14.2.9 In addition, there is no specific assessment of potential dust impacts on species, including dragonflies, at Fenstanton Pits CWS from workings at Borrow Pit 3 or any potential dust impacts on Brampton Wood SSSI. All potential impacts should be assessed and must be mitigated in order to comply with Policy CS35 – Biodiversity and Geodiversity [11].
14.2.10 Highways England has agreed to consult with the County Council in respect of development of the Code of Construction Practice (CoCP), where such matters can be addressed and this is welcomed.
14.3 Protected species
14.3.1 The importance of breeding and wintering birds, including species of county value (bittern, cuckoo, Cetti’s warbler, goldeneye and shoveler.) and district importance (corn bunting, kestrel, green woodpecker oystercatcher, pochard and song thrush) in the scheme’s study area is recognised by Highways England. Buckden Gravel Pits CWS is recognised as supporting the highest numbers and species richness of breeding birds of all the areas surveyed and also as the best area for wintering birds
14.3.2 Highways England considers that impacts arising from habitat loss would be fully mitigated by creating habitat suitable for breeding birds, widespread planting of native shrubs and trees, and the creation of water bodies. All planting is envisaged as being sufficiently mature 15 years after opening providing foraging and nesting habitat that will offset any reduction in breeding bird habitat. Whilst some of these areas would be managed by Highways England as highway estate, the restoration of the Borrow Pits, also designed to provide additional bird breeding habitat, does not have maintenance guaranteed beyond 5 years (agreed in principle as 10 years for borrow pits 1, 2 and 7). This is insufficient time for the development of habitat. The County Council feels that opportunities have been missed within the red-line boundary of the Scheme to fully mitigate and compensate for loss of habitat and disruption.
14.3.3 Bats of local, district and county importance are to be found along the route. Roosts have been valued from local up to county level and the overall value of the study area
Page 76 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
for foraging and commuting bats as of district value. The River Great Ouse and Buckden Gravel Pits are identified as key foraging and/or commuting areas together with several key areas that cross the alignment of the road. Bats are present in the hedgerow running through Borrow Pit 1 and high levels of bat activity (pipistrelle and barbastelle) were monitored on a hedgerow and along a tree line on a water course/ditch which link the Scheme with Brampton Wood. These provide connectivity with the wider area.
14.3.4 Highways England states that overall the scheme would have a neutral effect on bats with Table 11.32 indicating that from disturbance and mortality there would be a moderate adverse permanent (probable) impact and a moderate beneficial permanent (probable) impact as a result of habitat gain.
14.3.5 The County Council considers that the impacts of the scheme on bat populations and the need for mitigation, particularly at Borrow Pit 1 and the hedgerow linking Brampton Wood with the surrounding area, have not been properly considered. This is a serious omission which does not accord with the scheme’s ecological mitigation aims (ES 11.4.3) to maximise existing habitat linkage and designates sites, including Brampton Wood SSSI and Buckden Gravel Pits CWS.
14.3.6 The County Council feels there is scope within the red line boundary and at Borrow Pits 1, 2 and 3 to mitigate impacts on bats and enhance habitats. More new habitat could be created along with replacement of habitat through planting trees and woodland, provision of tall screen planting to elevate flight paths of bats, provision of bat boxes and bat hop-overs, plus maintenance of important bat commuting routes and foraging areas.
14.3.7 Highways England has rightly assessed the impact of the Scheme on protected species such as Great Created Newts, but has failed to give consideration to locally important amphibian populations. This is particularly concerning given that sites supporting good / exceptional sized populations of both Palmate Newts and large populations of Common Toads are known to exist at Debden Farm, near Godmanchester. These are considered to be of county importance and a County Wildlife Site is likely to be designated under the County Wildlife Site Selection Criteria [16]. The importance of these local sites has not been demonstrated in the ES or that mitigation is adequate to support these species.
14.3.8 With regards to terrestrial invertebrates Highways England bases findings on surveys carried out in 2013 when four localised areas of interest were identified containing
Page 77 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
species of local and county importance. However, the 2013 walkover survey excluded the A1 widening as that was not part of the scheme at the time (ES Table 11.2). Despite this change no further surveys have been undertaken.
14.3.9 The County Council is concerned that impacts have been assessed on recordings made in 2013 which should have been updated to take account of Scheme changes. It does not agree with the findings and in particular the impacts of habitat loss and changes in environmental conditions which impact on terrestrial invertebrates.
14.4 Required Changes to the Development Consent Order
Schedule 2, Part 1, New Requirement 11
14.4.1 Add a new Requirement as follows:
11.—(1) No part of the authorised development is to commence until final pre- construction survey work for that part has been carried out to establish whether County or District important species are present on any of the land affected, or likely to be affected, by any part of the authorised development or in any of the trees and shrubs to be lopped or felled as part of the authorised development.
(2) Where an important species is shown to be, or where there is a reasonable likelihood of it being present, the relevant parts of the relevant works must not begin until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State after consultation with the relevant planning authority.
(3) The relevant works must be carried out in accordance with the approved scheme, and under licence where necessary, unless otherwise agreed in writing by the Secretary of State, after consultation with the relevant planning authority
14.4.2 Required to secure protection of species of County or District Importance and to ensure consultation with the County Council and/or District Council concerned.
Page 78 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 15. PUBLIC RIGHTS OF WAY AND NMU ROUTES
15.1 General
15.1.1 The diversions to public rights of way (PROW) in the vicinity of the scheme, including reconnecting routes that were previously severed by road improvements, are supported by the County Council. Connectivity of rights of way, as well as provision for Non- Motorised Users (NMU) is provided by a new route alongside the Local Access Road. This is strongly supported by the County Council.
15.1.2 There are, however, significant omissions in provision for PROW and NMU Routes which are dealt with below.
The Stukeleys Bridleway 6 - Rights of Way and Access Plan Sheet 2
15.1.3 The existing PROW connects to a layby on the east side of the A1. This layby is a loop of road left from improvement of the A1 in the past. Highways England proposes to close this layby. The layby provides safe off-road parking from which it is possible to access the countryside. Highways England has not proposed a replacement layby, nor has any provision been made to connect the severed The Stukeleys 6 PROW to the remainder of the PROW network. This is in conflict with the proposals Highways England has made elsewhere to reconnect severed PROW.
15.1.4 This proposal does not comply with RoWIP Policy SOA1 – Making the Countryside More Accessible [17], as it will decrease the accessibility of the countryside in this location. The County Council expects development to accommodate and make improvements to existing PROW wherever possible.
15.1.5 This proposal does not comply with RoWIP Policy SOA2 – A Safer Activity [17], as having a dead end bridleway next to the dual carriageway may lead to some users attempting to walk along the carriageway once they get to the end of the bridleway.
15.1.6 This proposal does not comply with RoWIP Policy SOA5 – Filling in the Gaps [17], as it will result in an additional gap in the network which being identified as a problem.
15.1.7 This proposed change is contrary section 130 of the Highways Act 1980 as it is the County Council’s duty under that Act to prevent, as far as possible, the obstruction of PROW.
Page 79 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
15.1.8 Highways England could provide a new PROW connecting the western end of The Stukeleys Bridleway 6 to the new Woolley Lane road on the western side of the A1(T) via an underpass, or alternatively, if this is not feasible or cost effective, provide a new PROW connecting the western end of the Bridleway with the B1043 at the Alconbury Interchange via a new route running in a northerly direction alongside the A1(T) following the new private means of access.
Footpath No. 15 Brampton - Rights of Way and Access Plan Sheet 5
15.1.9 This PROW links the proposed diverted route of Bridleway No. 19 Brampton with Brampton village. This is within the scheme boundary and the HA have not agreed to upgrade it to a bridleway to achieve connectivity with the improved Bridleway No. 19.
15.1.10 This is not in accordance with RoWIP Policy SOA1 – Making the Countryside More Accessible [17], as the diverted route of Bridleway No. 19 will not be easily connected to Brampton village for users on bicycle and horseback. It will prevent cycle and equestrian users from accessing Bridleway No. 19 directly from Brampton village and discourage sustainable travel modes for access to Brampton Hut Services and the countryside to the west of the A1.
15.1.11 The provision of a bridleway link from the village to this long bridleway would accord with RoWIP Policy SOA2 – A Safer Activity [17] as it would encourage residents of Brampton to use the routes on pedal cycle and horseback and so is likely to remove these classes of user from Thrapston Road which currently forms part of the A14 dual carriageway. This is a very busy stretch of road and is likely to remain so after de- trunking therefore a valuable opportunity to offer a safe alternative route will be lost.
Omission of a link between Brampton Bridleway 3 and Grafham Road - Rights of Way and Access Plan Sheet 6
15.1.12 RAF Brampton is situated adjacent to Borrow Pit 2 and is scheduled to be closed and redeveloped as residential housing over the next five years. A request was made to Highways England for a Public Right of Way to provide an off-road link between the estate and Grafham Lane. Highways England has agreed to make the land available but will not create the path.
15.1.13 The redevelopment of the former RAF base as housing will result in increased public demand for access to the surrounding countryside which this footpath link would facilitate. The siting of borrow pits at this location means that there is an opportunity
Page 80 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
for establishing a link for future residents of the RAF Brampton development to gain easy and safe access to the local PROW network through existing Public Footpaths Brampton 3 and 4 and via Grafham Road to Brampton Woods Nature Reserve, other PROW and on to Grafham Water. Currently the only way to access Grafham Road from RAF Brampton Park is for NMU users to use the busy B1514 Buckden Road. Access via a Public Footpath across the former borrow pit site would therefore be substantially safer for users who will be more likely to access the countryside via this route than if the only available route was via a busy road.
15.1.14 The County Council therefore requests that the design and restoration of the borrow pits provides for a future PROW link across the northern edge of borrow pit 2. Provision of this will be secured by condition on the Brampton Park development, but the land will need to be made available by Highways England.
Eastern end of NMU route between Girton Grange Accommodation Bridge and Weavers Field, Girton - Rights of Way and Access Plan Sheet 24
15.1.15 This NMU route is shown on the Rights of Way and Access Plans as terminating where it meets Girton Grange Accommodation Bridge. It had been agreed with the HA that this would be shown as extending along the existing Girton Footpath No. 4 to meet the adopted road known as Weavers Field in Girton. This is indeed shown on the General Arrangement drawings Sheet 21.
15.1.16 Girton had a recorded population of 4500 at the 2011 census and connectivity for residents of the village on pedal cycle and horseback between the 6 mile long NMU route from Swavesey Junction to Girton Grange Accommodation Bridge and the public road (Weaver’s Field) at Girton is essential to enable full use to be made of this route.
15.1.17 This appears to be an omission on the Rights of Way and Access Plans, as it appears to be the intention of Highways England (as shown on the General Arrangement drawings) to provide this connection.
Provision of Footbridge at Brampton Road
15.1.18 Currently the B1514 Brampton Road under the viaduct at Huntingdon Railway Station is offset due to providing clearance to the steel “fingers” supporting the bridge. When the viaduct is demolished, Brampton Road will be realigned reducing the width of the footway on the west side. This footway provides a route for pedestrians and cyclists from Hinchingbrooke (including Hinchingbrooke School) to Huntingdon Railway station.
Page 81 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
There are two issues here, one is providing for a future segregated foot/cycleway, and the other providing for the volume of users at peak times. The assessment carried out by Highways England provides only for shared use, but it is likely that in the future the County Council will upgrade the route to segregated use. In this case the width of the path will not meet requirements.
15.1.19 Use of this path is particularly heavy at peak times, incurring a potential road safety risk of pedestrians straying into the road. The width is inadequate to provide guardrails. The section of Brampton Road between the two limbs of the new junction with the de- trunked A14 will be heavily trafficked.
15.1.20 Highways England has stated that they will need to construct a substantial crash deck to protect the railway during demolition of the viaduct. It is also likely that a means of safe transit for pedestrians will be needed through the work site. The cost to provide for pedestrians by means of a footbridge across the main line railway at this location would not be considerable if it was already necessary to construct a crash deck and pedestrian “tunnel” for safety. By so doing a significant positive legacy could be obtained for the A14.
15.2 Anomalies in PROW and NMU Routes
15.2.1 Numbers shown in square brackets after details of each anomaly refer to the Rights of Way and Access Plan on which the issue has been identified.
Swavesey Bridleway 15 - Rights of Way and Access Plan Sheet 18
15.2.2 The route of this PROW on the Rights of Way and Access Plans does not accord with where it is physically on the ground. This bridleway is currently recorded incorrectly at its southern end, as the walked route which follows a metalled track does not coincide with the definitive line of the bridleway. As this section of the bridleway is within the Order boundary there is an opportunity to correct this anomaly. Highways England was made aware of this on 1 December 2014 and undertook to correct the plans.
Lolworth Footpath 5 and Bridleway 1 Bar Hill - Rights of Way and Access Plan Sheet 19
15.2.3 The new length of Public Footpath to be created by the Order is not depicted on the part of the route that is within the trunk road boundary.
Page 82 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
15.2.4 The County Council accepts the argument of Highways England that it is not necessary to shown this route on the plans for the purpose of legal creation as it is within the trunk road boundary. However, the route is needed to be shown from the point of view of legal records to enable the County Council to update the Definitive Map and Statement to show the new connection between these routes.
NMU route running along southern side of Girton Interchange - Rights of Way and Access Plan Sheet 23
15.2.5 This NMU route is shown on the Order Plan as changing direction at right angles to pass around the perimeter of a rectangular area of woodland, which is not ideal for a multi- user route as it will cause safety issues with users being unable to see if the route ahead is clear. Further, the length of deviation is not compatible with encouraging use.
15.2.6 It was agreed with Highways England that there was no requirement for this to change direction in this way and that it would therefore follow the highway boundary through the wooded area. This was agreed at the meeting held on 1 Dec, and is shown this way on General Arrangement Plan Sheet 21 accompanying the Order, however this change has not been incorporated into the Rights of Way and Access Plan No. 23.
NMU routes that will form part of the trunk/side road
15.2.7 As a general rule, Highways England has not shown the route of PROW where these lie within public highway. Although the PROW may be legally created as part of public highway, the County Council needs to maintain legal records of the routes in the Definitive Map and legal registers. The routes of PROW within public highway should be shown distinctly on plans to form the basis of legal records. Section 36(6) of the Highways Act 1980 places a duty on Local Authorities to maintain a register of all highways that are maintainable at public expense, including a list showing each individual route.
15.2.8 The County Council accepts the argument of Highways England that it is not necessary to show these routes on the plans for the purpose of legal creation. However, the routes are needed to be shown from the point of view of legal records to enable the County Council to update the Definitive Map and Statement of Rights of Way to show the new connection between these routes.
Page 83 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
15.2.9 This is necessary to enable the County Council to comply with statutory requirements in the Wildlife & Countryside Act 1981 s53, Commons Registration Act 1965, Commons Act 2006, and Highways Act 1980 section 36.
15.3 Compliance with Statutory Requirements
15.3.1 The Public Path Orders Regulation 1993 (the Regulations) applies to any diversions/extinguishments or creations of PROW effected by the Order. Widths of diverted/created routes are required to be specified by the Regulations. The relevant schedules in the Order do not specify the width of created, improved, and diverted PROW. The absence of a legally specified width hinders enforcement in the future against encroachment. It is essential for the County Council as local highway authority, in order to be able to take enforcement action against encroachment, that the orders legally creating or diverting the PROW specify the width.
Page 84 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 15.4 Compliance with Established Policies
Relevant policies from Rights Comment Compliance with Policy of Way Improvement Plan (Local Transport Plan)
RoWIP Policy SOA1 – Making Improvements to PROW Fully compliant the Countryside More that were severed as part Accessible of previous road improvements at Bar Hill and Brampton.
Provision of long distance NMU route from Swavesey Junction to Girton and to south of A14 from Dry Drayton Junction to Girton
RoWIP Policy SOA2 – A Safer Provision of long distance Generally compliant, as this Activity NMU route from Swavesey will separate vulnerable Junction to Girton and to users from A14 and other south of A14 from Dry traffic enhancing safety of Drayton Junction to Girton users.
RoWIP Policy SOA5 – Filling in Provision of new Generally compliant, the Gaps PROW/NMU links to join providing new connections PROW that were severed between communities that by the previous A14 have been severed for scheme including Lolworth many years by previous FP5 to Bar Hill BR1 and road improvements. Brampton BR19 to the Non-compliant in respect of highway network to the The Stukeleys Bridleway 6 east of the A1(T) which currently connects to the A1 at a layby providing reasonably safe parking (as it is a loop off the main
Page 85 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
carriageway). The proposals close the layby making The Stukeleys Bridleway 6 a dead end. Given the excellent work of Highways England in terms of re-connecting long severed PROW this is disappointing.
15.5 Required Changes to the Development Consent Order
Schedule 4
15.5.1 Schedule 4 does not provide any detail of the width of PROW and/or new highway to be diverted or created as part of the scheme. This is vital to enable the County Council to effectively take enforcement against encroachment onto the PROW. Any diversion of a PROW undertaken by the County Council or any other Government organisation must specify the width of any alternative route. It is therefore essential that these details are specified in Schedule 4.
RoW and Access Plan Sheet 2
15.5.2 Provide for a compensatory link to mitigate the loss of access from the A1 to The Stukeleys Bridleway 6.
RoW and Access Plan Sheet 6
15.5.3 Provide a strip of land on the northern edge of borrow pit 2 for future creation of a footpath between the RAF Brampton development and Grafham Road.
RoW and Access Plan Sheet 18
15.5.4 Show Swavesey Bridleway No. 15 on the route on which it is physically present on the ground.
Page 86 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
RoW and Access Plan Sheet 23
15.5.5 The NMU route running along the southern side of the Girton Interchange changes direction at right angles to pass around perimeter of a wooded area. It was agreed that it was not desirable for this to change direction in this way. It was preferred that it would therefore carry on through the wooded area following the highway boundary, however this change has not been incorporated into the rights of way and access plans.
RoW and Access Plan Sheet 24
15.5.6 The NMU route is shown as terminating where it meets the Girton Grange Accommodation Bridge. It has been agreed with the HA that this would be shown as extending along the existing Girton Footpath No. 4 to meet the adopted road known as Weavers Field in Girton. J2A had agreed to look into this at a meeting held in May 2014 and subsequently agreed that this would be included at a meeting held on 1 Dec 2014.
Page 87 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 16. DE-TRUNKING
16.1 General
16.1.1 The proposals involve de-trunking of approximately 22km of current dual carriageway trunk road. The County Council has had discussions with Highways England and is entering into a legal agreement with Highways England to protect the interests of the County Council in respect of assets for which the County Council will become the local highway authority. In addition to the 22km of de-trunking, there is a further 12km of new and improved local roads to be constructed as part of the project.
16.1.2 The County Council is broadly in agreement with the principle that existing sections of A14 that on completion no longer serve a strategic purpose are de-trunked to become local road. However, the Examining Authority are asked to note that these roads are of a scale and type that are not present in the current highway inventory in the County Council’s care.
16.1.3 To mitigate the burden, the County Council has proposed a legal agreement with Highways England, and Highways England has accepted the principle of this agreement. This agreement, which is included in draft form APPENDIX A, deals with asset condition, design checks, and inspection and testing by the County Council. In addition, it provides for the payment of fees to the County Council and payment of a maintenance contribution in terms of deferred maintenance. The County Council, as provided for in the legal agreement, and as proposed by Highways England, expects the existing A14 to be continued to be maintained up to the date of de-trunking when it will become the responsibility of the County Council.
16.1.4 The legal agreement with the Secretary of State dealing with de-trunking, asset condition, handover, maintenance and residual life has yet to be formally agreed and signed. The de-trunking of 22km of trunk road described in Part 3 of Schedule 3 of the Order will place a significant burden on the County Council’s budget. As outlined above, there is no transfer of budget from the Secretary of State to the County Council with which to maintain the de-trunked roads. In consequence the County Council requires the Secretary of State to carry out reasonable works of repair, upgrading and downgrading, and adaptation to reduce the future liability of the County Council in respect of de-trunked roads to a reasonable minimum.
Page 88 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
16.1.5 The draft DCO in Article 12, paragraph 4 refers to a date of de-trunking to be set by the Undertaker (“On such day as the undertaker may determine”). It is not acceptable to the County Council that a date for de-trunking can be unilaterally set by the Undertaker. The County Council will only agree a date of de-trunking when due diligence processes, and all remedial repairs, alteration, conversion, and improvement works have been completed to the County Council reasonable satisfaction, and all redundant assets, cables, services, plant and equipment has been removed.
16.1.6 This is provided for in the legal agreement between Highways England and the County Council, but the Order needs to be amended accordingly.
16.1.7 Unless and until the County Council has been able to evaluate the condition of the sections of A14 to be de-trunked, an outline scope of remedial works agreed, and the legal agreement has been signed with Highways England, the County Council does not agree to the de-trunking provisions of the Order. The County Council will deposit into Examination a copy of the signed agreement and relevant Statement of Common Ground when this is available, at which point the County Council will agree to de- trunking of the A14.
16.2 Required Changes to the Development Consent Order
Part 3, Article 12, Item 4
16.2.1 Change the words “On such a day as the undertaker may determine…” in Article 12, paragraph 4 to
“On such a day as may be agreed between the undertaker and the local highway authority and subject to the completion of all the Handover Plan as set out in the legal agreement between Cambridgeshire County Council and Highways England…”.
16.2.2 Required to ensure that the date of de-trunking is a date of mutual agreement between the County Council and the Undertaker. Required to protect the County Council as local highway authority, and to ensure that de-trunked roads are transferred to the local highway authority in reasonable and acceptable condition.
16.2.3 The draft legal agreement in APPENDIX A provides for de-trunking to occur only when a Handover Plan has been agreed, and the necessary works completed. It also provides for the date of de-trunking to be a matter of agreement with the County Council. In
Page 89 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
consequence, the Development Consent Order requires modification to be consistent with this undertaking.
Page 90 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 17. THE CAMBRIDGESHIRE GUIDED BUSWAY
17.1.1 The Cambridgeshire Guided Busway runs along a disused railway line from Milton Road in Cambridge to St Ives. A spur leads from close to Cambridge Regional College to Orchard Park which is immediately next to the A14 between Histon and Milton. It was opened in August 2011 and as of May 2015 is carrying 3.5m passengers/annum.
17.1.2 North of the Orchard Park spur the guided busway passes under the A14 by means of a bridge originally built over the earlier railway.
17.1.3 The busway here is twin track, and the A14 is to be widened entirely to the north side. The existing busway has a cycle track alongside it which is over the foundations of the A14 Bridge. The concrete guideways themselves are very close to the existing foundations. Although no detailed discussions have been had with Highways England, the County Council considers that it is likely to be difficult to construct the A14 bridge extension and keep the guideway operational.
17.1.4 Services on the busway are operated by Stagecoach and Whippet in commercial arrangement with the County Council. The County Council, in a similar way to railway train operating companies, provides the busway, the operators the services. Therefore, if the busway is not available, the County Council may have to compensate for loss of revenue.
Page 91 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
17.1.5 The County Council is seeking an Asset Protection Agreement (APA) with Highways England that would secure the County Council interests. A draft APA was agreed with Highways England in 2009/10 before the previous scheme was cancelled just prior to Public Inquiry. The County Council wishes to use the same agreement, and has proposed this to Highways England (see APPENDIX F). It is understood that Highways England has no objection to an APA, and indeed the legal agreement being negotiated with Highways England refers to one. However, the County Council has yet to see a draft agreement for approval.
17.1.6 The County Council has three main concerns regarding the interface between the Guided Busway and the A14. These are:
Operation of services while the A14 is widened and an extension to the existing bridge constructed; Continuance of the existing right of way along the cycle track beside the busway; Access to land over which the County Council has rights and obligations under the Transport and Works Act that created the Busway. 17.1.7 In relation to the latter the County Council proposed a Grant of Rights a copy of which is provided at APPENDIX G.
17.1.8 It is not considered that there is any reason why the County Council and Highways England should not reach agreement on these matters before the end of Examination. At the present time, however, the County Council considers that these issues are not resolved.
Page 92 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 18. ASSET DEFINITION AND LEGAL RECORDS
18.1 Asset Management in Cambridgeshire
18.1.1 The County Council as the Local Highway Authority is responsible for all highways maintainable at public expense within the administrative area of Cambridgeshire. It is also statutory responsibility for protecting and asserting public rights over all highways whether maintainable at public expense or not.
18.1.2 In 2014 the County Council adopted an asset management approach in order to make the best use of its limited resources whilst taking into account taking into consideration customer needs, local priorities, asset condition. This is set out in its Highway Asset Management Policy, Highway Asset Management Strategy, and will be delivered through a rolling ten-year Highway Infrastructure Asset Management Plan (‘HIAMP’), reviewed annually. The HIAMP brings together the County Council’s Corporate and Local Transport Plan (LTP3) [3] goals and objectives:
Supporting and protecting people when they need it most
Helping people to live independent and healthy lives in their communities
Developing our local economy for the benefit of all
18.1.3 In order to be able to deliver on its HIAMP, the County Council needs to know the extent of its liability. It depends for this upon its statutory highway asset records, which it maintains under its duty under section 36 Highways Act 1980, and under section 53 Wildlife & Countryside Act 1981. (This duty requires it to maintain the Definitive Map & Statement for Cambridgeshire, which is the legal record of public rights of way).
18.1.4 Any permanent changes to these legal asset registers require a clear evidential audit trail in order that the Authority can be confident as to what it is liable for and what it is not. If they are not, an historic lack of consistency in plans and records is compounded, and significant public resource will be wasted when disputes arise. For example, an investigation in 2010 into the liability for the A1(M) slip road at Alconbury cost over £10,000 and took over a year to resolve. Therefore all changes to highway assets arising from the A14 scheme, including boundaries, extents, class of highway, use of land categories within the highway boundary and boundary features, need to be accurately recorded.
Page 93 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
18.1.5 The County Council understands that this is challenging due to the constraints of terminology available in the Highways Act 1980, and accepts the solution proposed for example at Schedule 1 Work 5 (y) ‘a footway, cycleway and equestrian track’, providing this is consistently applied. This is to ensure that the purpose, location and extent of each route is clear to enable the County Council to accurately amend its records and provide advice to the public as to the connectivity and rights that exist, and that anyone interpreting the Order in years to come will come to the same conclusion.
18.1.6 CAD files of the Order plans requested were received on 3rd February 2015 enabling the County Council to undertake an accurate comparison of asset data for the existing and proposed highway extents. Detailed comments identifying outstanding problems were provided back to Highways England [18].
18.1.7 The County Council has requested that a copy of the made DCO, the associated Plans, and Detailed Designs be provided to the County Council in an agreed digital format, and that Highways England works with the County Council to develop the records of the scheme, and to transfer those on completion to the County Council.
18.1.8 The principles agreed with Highways England set out above mean that the County Council will, in general, be able to meet its statutory obligations identified above. They also mean that the County Council will be able to meet its ROWIP Statement of Action 7/1 Map consolidation – accurate interactive map, which requires it to ‘Consolidate historic changes onto a single reissued [Definitive] Map, [and to ensure that the Map is] represented electronically on GIS to reach the widest public arena’.
18.1.9 Legal highway asset records consist of the extent, status (class) and maintenance liability of highway assets as opposed to infrastructural assets that concern bridges and surface construction. For example, is it often the case that the legal boundary is different to the physical boundary that may have been erected for the benefit of a landowner.
18.1.10 As set out in section 17 - Asset Definition (Legal Records) of the County Council’s Written Representation, there are numerous statutory reasons as well as good practice incumbent upon both Highways England and the County Council requiring good highway asset records to be maintained [18] [19] [20] [21] [22] [23] [24]. Above all, accurate and clear records enable efficient asset management and avoid the potential for confusion in the future, minimising disputes and unnecessary expenditure of public resource.
18.1.11 Accurately identifying and recording changes to the public rights of way network also ensures that the County Council is meeting its objectives set out in its Rights of Way
Page 94 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Improvement Plan (‘ROWIP’) [17], a policy adopted in 2005 under the Countryside & Rights of Way Act 2000 (‘CROW’). This requires the Authority to maintain an up-to-date Plan that contains an assessment of the ability of the network to meet the present and future needs of the public, with statements of action as to how it proposes to manage and improve the network. The ROWIP was adopted in 2005 and is a daughter document of the County Council’s Local Transport Plan 3 (LTP3) [17].
18.1.12 Detailed comments on public rights of way are dealt with in section 16 of the County Council’s Written Representations. However, outstanding omissions that the County Council considers are required to comply with policies have been included.
18.2 Relevant Sections of the Order
18.2.1 Order Part 3 Streets
Article 11 Construction & Maintenance of new, altered or diverted streets subs (2) Article 13 Permanent stopping up of streets 18.2.2 Part 5 Powers of Acquisition
Article 25 Public rights of way 18.2.3 Part 7 Miscellaneous & General
Article 41 Certification of plans etc 18.2.4 Schedule 3 – Classification of Roads etc
18.2.5 Schedule 4 - Permanent stopping up of highways and private means of access (PMAs) and provision of new highways and private means of access
Part 1 - Highways to be stopped up for which a new substitute is to be provided and new highways which are otherwise to be provided Part 2 – Highways to be stopped up for which no substitute is to be provided Part 3 – Private means of access to be stopped up for which a substitute is to be provided and new private means of access which are otherwise to be provided Part 4 - Private means of access to be stopped up for which no substitute is to be provided 18.2.6 Order Plans:
General Arrangement Plans Rights of Way & Access Plans Land Plans 18.3 General
Page 95 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
18.3.1 Highways England has agreed to agree asset boundaries and the extent of new or altered local roads with the County Council to avoid future uncertainty of boundaries, and to rigorously define the same in the asset records.
18.3.2 Highways England has also agreed to the adoption of best practice for asset delineation through the definition of the asset boundaries between the County Council and Highways England, and the extent of works/infrastructure to become the responsibility of the County Council for new roads, modified roads, and roads to be de-trunked (width, length and height, e.g. subways).
18.3.3 The County Council is content that Highways England is, in principle, recording all changes to the public rights of way network in the Order Schedule 1 Authorisation of Works, Schedule 4 Parts 1 and 2, and on its ROW & Access Plans, where these fall outside of the generic boundary of the A14 trunk road and side road network. However, the County Council considers that the Order is deficient with regard to some significant details which are set out below.
18.4 General Principles for Highway Asset Records
18.4.1 CAD/GIS files for each of the draft DCO plans were received at the beginning of February, enabling the County Council to compare the existing and proposed highway extents shown on Applicant’s DCO Plans with County Council’s highway records. A number of errors and inconsistencies were apparent in the ROW & Access Plans with regard to the extent and other detail of the highway assets. Details of the discrepancies were provided back to Highways England [25].
18.4.2 The discrepancies meant that Highways England’s DCO plans were inaccurate and needed to be addressed in order to ensure that the records assets are accurately plotted to enable both authorities to effectively undertake their respective asset management responsibilities.
18.4.3 Highways England has addressed some of the problems raised, as detailed in its Errata Report . However, there are still outstanding problems which are identified below.
18.5 Definition of Highway Boundary
18.5.1 It is unclear whether the ‘proposed Side Roads boundary’ and the ‘proposed Trunk Roads boundary’ (legend on Public Rights of Way and Access Plans) represent the proposed extent of new highway. An example of the problem is detailed at ‘Junction 17 comments’ in the County Council’s Highways Asset Records – Detailed Assessment
Page 96 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
document [25]. If they do represent the boundary, then they include significant areas of embankment and soft landscaping.
18.5.2 However, on the Rights of Way & Access Plans the areas shown as New Highway – Side Roads by the grey stippling include only the carriageway and not the earthworks. Responsibility for verges and side slopes is not clear as it does not appear that it is the intention of Highways England to include these in New Highway. If they are not highway, then from a statutory perspective they are not the responsibility of the County Council. In which case, what status do they hold, and who will be responsible for maintenance?
18.5.3 Paragraph 10.4.14 of the Environmental Statement sets out:
A five year aftercare period for all the soft environmental features of the scheme would be included as part of the construction contract requirements. Thereafter, the soft estate would be maintained by the Highways Agency through its managing agents.
18.5.4 The matter of the responsibility for approach works to bridges over trunk road is under general discussion nationally between local highway authorities (LHA) and Highways England. The view of LHA is that approach works to bridges over trunk road should be considered to be part of the bridge as they are provided solely to enable the side road to cross the trunk road. In this context DCO 11(6) is consistent as it provides for only the highway surface to be maintained by the LHA. Indeed, this is how side roads are represented (for example the B1040 Potton Road on Rights of Way and Access plan sheet 13) where only the road surface is defined as new highway.
18.5.5 ADEPT (Association of Directors of Environment, Planning and Transport) has taken this up with Highways England, as historically the matter of division of responsibility on approaches to structures has been an area of much disagreement. Technical Note 7 - Definition of Asset Management Responsibilities: Bridges and Structures [26] was issued in draft by Highways England in 2013 but not accepted by LHA [27]. A new technical note is now being drafted.
18.5.6 That Highways England would be responsible for approach works, with the exception of the surface of the road, is consistent with the Transport Act 1968 which transferred all surfaces where the bridge was highway over railway from the British Railways Board to local Highway Authorities, including new bridges over railway.
Page 97 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
18.5.7 In any case the representation of new (local road) highway on the Public Rights of Way and Access Plans (for example the B1040 Potton Road on Rights of Way and Access plan sheet 13) does not include proposed NMU routes along the side road. Using as an example the B1040 Potton Road (ROW And Access Plans Sheet 13), then the creation of new highway in DCO Schedule 4 refers only to a length of new highway (described as Reference A) for a distance of 865 metres. The representation on RoW and Access Plan Sheet 13 is that Reference A is the area stippled grey with a black centre line. It can be seen that on the west side of Potton Road there is an area of wide verge (wide to accommodate the NMU route) that is clearly not included in the area of new highway referenced as A.
18.5.8 If the NMU Route in this example is not within the area described as new highway and is not described in DCO Schedule 4 then a reasonable interpretation would appear to be that the NMU route along the B1040 Potton Road is not highway, in which case there are no rights of way along it, and no responsibility for the LHA to maintain it. Further, it might be concluded that this extends to all areas within the side roads boundary.
18.5.9 This applies to all local roads being created by the Order.
18.6 Extent of Highway to be Stopped Up
18.6.1 Highways England needs to ensure that areas of highway to be stopped-up coincide with the County Council’s records of the extent of the public highway. On previous schemes, the whole width/length of the highway has not always been stopped-up leaving fragmented sections of public highway. These fragments of highway leave a liability that is a drain on County Council resources, open to exploitation, and may require costly enforcement in the future. The County Council is also required to maintain public records of highways including for the National Street Gazetteer (NSG), and to perform commercial searches on behalf of third parties. It is therefore not in the public interest that such fragments of highway should remain.
18.6.2 There is also a disparity in how the public highway is shown to be stopped-up. In principle the existing highway is shown to be stopped-up beneath the trunk road, although this will be re-dedicated as public highway; however the same does not apply to the side roads i.e. the highway shown to be stopped-up only extends to the side roads boundary. An example is Park Road/Grafham Road on sheet 6 of the RoW and Access Plans which is referred to in reference [25].
Page 98 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
18.6.3 The County Council drew Highways England’s attention to the issue on 17 March 2015. The following discrepancies are still outstanding:
Park Road/Grafham Road (DWG –A14-ARP-ZZ-00-DR-Z-00306 - Sheet 6 of 28), stopping up over trunk road would leave odd section of side road. Conington Road (DWG A14-ARP-ZZ-00-DR-Z-00315 - Sheet 15 of 28), section of Conington Road leading to current A14 trunk road not shown as being stopped up leaving odd section of highway. Robin’s Lane (DWG A14-ARP-ZZ-00-DR-Z-00319 - Sheet 19 of 28): GIS required to check against CCC’s records. 18.7 Boundary Marking
18.7.1 It is noted that the key principle of the Order is to establish a limit of deviation (the red line) within which the actual design may vary. In some areas the limit of deviation is generous. The County Council assumes that Highways England will establish a physical boundary that may not coincide with the red line, and that surplus land will revert to the landowner, or otherwise be disposed of. It is normal practice for the matter of fencing to be accommodation works agreed with the landowner, and to become the landowner’s responsibility. Such fences may not be on highway land, and in such cases as this applies, or where no fence is provided the County Council will wish the highway boundary to be physically marked. This is subject to resolution of the matter of responsibility for the soft estate.
18.7.2 The County Council expects the matter of definition to be dealt with in detailed design and will work with Highways England accordingly. On completion of construction the County Council will expect Highways England to provide accurate digital data compatible with the County Council’s GIS system to establish all highways unambiguously in the County’s legal records.
18.8 Responsibility for Asset Maintenance
18.8.1 The key in all Rights of Way and Access Plans, the General Arrangement Plans and Detailed Design Plans does not distinguish responsibility for various categories of landscaping and drainage.
18.8.2 The authority responsible for each asset category needs to be clearly identified on the Order plans so that the legal responsibility for the asset is established.
18.8.3 This was previously raised in the County Council’s Highways Asset Records – Detailed Assessment document [25] on 17 March 2015, but has not yet been addressed by Highways England.
Page 99 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 18.9 Representation of Private Means of Access and Public Rights of Way
18.9.1 Further to the ambiguity regarding extent of new highway above, there is an inconsistency in the representation of Private Means of Access and Rights of Way.
18.9.2 There is a general problem with inconsistent identification of public rights of way and private means of access (PMAs) up to and within the highway boundary. The carriageway alone (shown by the stippling on the Order Rights of Way & Access Plans) appears to represent the extent of the public highway. Private Means of Access (PMA) show on the Rights of Way and Access Plans are consistent with this as they show the PMA extending to the carriageway edge. However, Public Rights of Way are not consistent as they extend only to the side road boundary. If the correct interpretation is that highway is only that marked as highway on the Right of Way and Access Plans, then there is a gap in the Public Right of Way. Alternatively, if it is interpreted that the highway boundary is the side road boundary, then there should be no creation of a PMA within public highway as it is unnecessary and ambiguous.
18.10 Maintenance Liability for Co-existing Public and Private Accesses
18.10.1 Articles 11(2), (5), (6), and (7) of the draft DCO deal with the maintenance liability of new or altered public highways. They provide that the local highway authority is responsible for maintenance.
18.10.2 Article 11(9) establishes that the undertaker is responsible for the maintenance of bridges carrying a private right of way.
18.10.3 The maintenance liability for the new or altered highways (PROW) that are to share the same route as private access roads is therefore ambiguous.
18.10.4 Four co-existing public and private rights of way are proposed in the Scheme, as shown in the table below.
ROW & Access Plan Issue
Sheet 6 Stukeleys Bridleway 6 – short length c.20m at its western end will be shared with a new private means of access
Sheets 5 and 6 The long section of Bridleway Brampton 19 which is being reconnected as part of the scheme runs along a new private means of access on the western of the A14 for much of its
Page 100 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
length for approx. 700m and then runs back along the eastern side of the A14 in a northerly direction for approx. 580m
Sheet 13 The new section of Hemingford Grey Footpath 10 which will run north-east along the B1040 Potton Road for 330m along a new private means of access
Sheets 21-24 The new NMU route from the roundabout on Dry Drayton Road at the crematorium junction which runs on the northern side of the A14 to Girton Grange Accommodation Bridge for approx. 3.2km is also a new private means of access
18.10.5 If the private access is vehicular and there are lesser public rights e.g. bridleway, it is usually the case that maintenance liability rests with the private user. This is because the route will have been constructed to a higher standard than normally required for PROW in order to withstand the greater wear and tear arising from (private) vehicular use. This includes the surface construction, culverts and bridges.
18.10.6 The County Council would not wish to acquire a liability to maintain metalled surfaces, and larger structures simply due to these carrying also by coincidence a public right of way. In many cases, were the public right of way considered alone the surface would not be metalled, and any structures would be of simpler and cheaper construction.
18.10.7 This ambiguity in the Order is unacceptable to the County Council as uncertainty over maintenance liability could lead to potential costly disputes in future and damaged assets will impact unreasonably upon users. The County Council suggests that this be dealt with through the Order as follows where street and street authority have the meaning ascribed to them in the Order:
18.10.8 After article 11(2) add a new article:
(3) Subject to paragraphs (6), (7) and (8), where a highway carrying pedestrian, equestrian and or cycle rights is altered or diverted under this Order along a vehicular private means of access (street), the altered or diverted part of the highway must be completed to the reasonable satisfaction of the local highway authority, and, unless otherwise agreed with the local highway authority, be maintained by and at the expense of the street authority from its completion to the reasonable satisfaction of the local highway authority.
Page 101 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
18.10.9 After Article 11 (8) add two new Articles:
(9) In the case of a bridge constructed under this Order to carry a private right of way for vehicles, and that also carries a co-existing public footpath, cycle track, or bridleway, the structure of the bridge must be maintained by and at the expense of the undertaker.
(10) In the case of a culvert or other structure constructed under or to retain a private right of way for vehicles that also carries a co-existing public footpath, cycle track, or bridleway, the structure of the culvert or other structures must be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.
18.10.10 This would make Article 11 (5) consistent with Article 11 (8).
18.11 Recording Widths of Public Rights of Way
18.11.1 The County Council as the Surveying Authority responsible for making changes to the Definitive Map & Statement (the legal register of public rights of way) is required by statutory regulations to specify the width of any new or diverted public rights of way in the schedule to any public path order, whether as a result of a Highways Act, Town & Country Planning Act, or Wildlife & Countryside Act Order. Orders must be accompanied by an order plan showing details of the changes at a scale of no less than 1:2500. Defra’s Circular 1/09, paragraphs 4.16 and 5.13 [28] and The Planning Inspectorate’s Advice Note No 16 provide further guidance confirming the requirement to record path widths in the schedules to legal orders.
18.11.2 Highways England’s response to this is that details of widths are to be included in a Schedule to the Statement of Common Ground to be agreed between the parties. The County Council is concerned that the Statement of Common Ground is not a statutory instrument and that this will not enable the County Council to comply with statutory requirements in the future. Nor is a Statement of Common Ground an appropriate vehicle for establishing a legal requirement.
18.11.3 The widths of all new and diverted public rights of way should therefore be recorded in the Schedule to the Order and on scaled plans in accordance with government guidance.
18.12 Legal Records and Asset Definition
Page 102 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
18.12.1 Highways England has agreed to agree asset boundaries and the extent of new or altered local roads with the County Council to avoid future uncertainty of boundaries, and to rigorously define the same in the asset records.
18.12.2 Highways England has also agreed to the adoption of best practice for asset delineation through the definition of the asset boundaries between the County Council and Highways England, and the extent of works/infrastructure to become the responsibility of the County Council for new roads, modified roads, and roads to be de-trunked (width, length and height, e.g. subways).
18.13 De-Trunked Roads
18.13.1 The County Council has undertaken an analysis using CAD and GIS of Highways England’s records and proposals against the County Council’s records, and is content that the proposed boundaries and extent of highway to be de-trunked matches with the County Council’s asset records (for example slip roads conjoining the local road network). The County Council is therefore content with the representation of the extent of the de- trunked highway shown on the De-Trunking Plans.
Page 103 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 19. LAND OWNERSHIP
19.1.1 The County Council owns land in two capacities:
Land acquired for road development schemes County farm and other land holdings e.g. schools recorded on the County Terrier 19.1.2 Incorrect assumptions have been made that the County Council owns land over which highway runs, but this will not necessarily be the case. There are also instances of county terrier parcels not matching those shown in the Book of Reference. It is important that land ownership is correctly identified in order that Highways England can undertake the proper procedures with regard to the Development. This will then avoid any future conflict resulting from discrepancies in asset records, for example should encroachment and enforcement be necessary.
19.1.3 This was identified in discussion with Highways England at a meeting on 22 January 2015, who undertook to send the County Council a list of affected sites for the County Council to check. The list was not received and so the County Council has undertaken its own analysis of the Book of Reference and Land Plans.
19.1.4 A total of approximately 70 land parcels were found to be erroneous. These are summarised below. Details can be found in the Ownership Discrepancies document [29].
Discrepancy Changes required by Applicant
Two Cambridgeshire County Council Highways England will need to amend its Plans urban/rural asset sites where the in accordance with the County Council’s asset extent in the Book of Reference and record provided. plans does not match County Council records.
Approx. 15 land parcels are shown as Highways England needs to confirm ownership land purchased by the County by the Secretary of State, and whether or not it Council for highway requires the County Council to transfer improvements that now form part of deeds/ownership, and to whom. the A14 extent apparently owned by the Secretary of State for Transport.
Page 104 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Approx. 5 other land parcels shown Highways England needs to amend its Plans in as being either unregistered or accordance with the County Council’s asset owned by other parties that were records provided. purchased by the County Council for highway improvements and are still in its ownership.
Approx. 40 land parcels numbered Highways England needs to identify actual shown as being unregistered and owners and undertake the appropriate presumed to be owned by processes appropriate to the Development Cambridgeshire County Council on framework. the Book of Reference. These form part of the highway maintainable at public expense but are not owned by the County Council. Ownership will be with a third party.
8 land parcels that are unregistered Highways England needs to identify actual and presumed to be owned by CCC owners and undertake the appropriate in the Book of Reference that are processes appropriate to the Development neither owned by CCC nor form part framework. of the highway maintainable at public expense. Ownership will be with a third party.
Page 105 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 20. OPPORTUNITIES
20.1 Innovation
20.1.1 As appropriate for a county at the forefront of technical innovation with a world renowned university at its heart, the seizing of technological innovation and constructing a true 21st Century road creates opportunities for step changes in approach. Such opportunities could include:
Consider including infrastructure and enablers for the future deployment of smart motorway and expressway technology to manage traffic. The Government has already announced its intention to plan an expressway between Oxford and Cambridge. Take an integrated and holistic approach to the management of traffic so that the use of technology and driver information does not displace traffic onto the local road network. Provide for data collection that has potential for further analysis to inform short-term and strategic decision making while respecting privacy. Seize opportunities to enable network resilience and to support local and regional growth. Integration and development of Smart technology to provide better driver information, better incident and other traffic management, and to integrate with Smart City developments. 20.2 Detailed Design Phase Opportunities
20.2.1 Support installation of a network of roadside sensors/monitors capable of collecting relevant data on e.g. air quality, noise, traffic density/speed, road temperature and movement on the network.
20.2.2 Commitment to participation in future activity aimed at enhancing connectivity along the route, with emergency services, with traveller and intending traveller, better use of data and through digital technology as an enabler (e.g. better mobile connectivity (currently there are definite ‘colds spots’ along the route) , a Wide Area Network for connected cars and infrastructure etc.).
20.2.3 Integration of traffic control systems and control room technology. Access to data feeds, alerts, and interaction with Highways England Traffic Officers (and potentially with other emergency response organisations) to support holistic traffic management.
20.3 Existing Aspirations
Page 106 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
HE’s Research strategy 2014-2018
information and data: increasing demand for and accessibility to better real-time traffic and travel information and greater use of mobile services technologies: increasing pace of change in vehicle technology and increasing connectivity and integration of vehicles with infrastructure
DfT Road Investment Strategy
20.3.1 Long term aspirations include: Investigate the use of improved location technologies Development and roll out of technnologies to support Expressways Promote the use of innovation Collaborate with the Transport Catapult, Universitiess and SMEs to take advantage of innovations or support development on the SRN 20.3.2 Activity is to be targetted initially on the M2, M20, M25 and M26 in Kent: Provision of better information to customers. Roll out an above ground communication system to provide a platform for in-vehicle system developers. Incentivise the advancement of in-vehicle, vehicle to vehicle, and vehicle to infrastructure technologies through provision of roadside data links.
Page 107 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 21. OTHER REQUIRED CHANGES TO THE DEVELOPMENT CONSENT ORDER
21.1.1 The following changes to the draft Development Consent Order are considered necessary by the County Council in addition to any changes referred to above not listed here.
Part 1 Preliminary – Interpretation
21.1.2 A definition of “traffic authority” is required as being the relevant authority defined in the Traffic Management Act 2004.
Part 3 Article 12 (1)
21.1.3 This should refer to C194 The Avenue.
Part 3 Article 13 and Article 14
21.1.4 This should more accurately refer to stopping up of highways.
Part 3 Article 14
21.1.5 Article 14 (6) is an unnecessary addition to the provisions of Article 14 (4). The latter expressly states that consent must not be unreasonably withheld or delayed. The County Council considers that deemed consent is not a necessary remedy, as the Order already provides in 14 (4) for consent to be given with due dispatch.
Part 6 Classification of Roads Section 9
21.1.6 Change “A141 Trunk Road” to “A141 Classified Road”.
21.1.7 Required as this section of the existing A14 is to be de-trunked and reclassified as the A141. It will not be a trunk road. This is agreed between Highways England and the County Council.
Part 6 Classification of Roads Section 10
21.1.8 Change “A1307 Huntingdon Road Classified Road” to “A1307 Classified Road”.
21.1.9 Required as the A1307 is only known as ‘Huntingdon Road’ in Cambridge.
Page 108 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
Schedule 1 Authorised Development
21.1.10 Work No 1 Item (y) should refer to Byway 28/1 and 32/11 (it is a moiety between two parishes).
21.1.11 Work No 10 Item (c) should refer to a cycle track, which is the legal definition and will be recorded as such by the County Council.
21.1.12 Work No 20 Item (a) should refer to Buckingway not Bucking Way.
21.1.13 Work No 26 refers to a “route to accommodate pedestrians, cyclists and equestrians”. This would more correctly be referred to as a bridleway.
21.1.14 Work No 34 Items (e) and (g) should refer to a shared use cycle track as there is no legal definition of cycleway.
21.1.15 Work No 36 Item (d) should refer to a shared use cycle track as there is no legal definition of cycleway.
21.1.16 Work No 88 Item (a) should refer to a shared use cycle track as there is no legal definition of cycleway.
21.1.17 Work No 88 Item (d) should include byways open to all traffic.
Schedule 2 Part 1 Requirements
21.1.18 This Requirement should refer more properly to “local highway authority” as this is consistent with the wording of the Traffic Management Act 1994, and the local highway authority under that act holds the duty to manage traffic on the network. This duty cannot be held by a planning authority that is not a highway authority. The meaning of “relevant” is not entirely clear as there is only one local highway authority.
Page 109 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 22. CONCLUSION
22.1.1 The A14 project is essential to the continued economic success of Cambridgeshire, both in attracting investment and facilitating planned growth, but also in reducing congestion that makes it difficult to do business and work in Cambridge and Huntingdon. Long delays and frequent accidents blight the existing A14 which remains essentially the same as it was in 1993 when the M1/A1 link was completed and the A604 road became part of the A14 from the M1 to Felixstowe.
22.1.2 It is not overstating the problem to say that the A14 is notorious and well known as a delay blackspot. Proposals to improve it have been in development since 1989, and the cost of improving it becomes a reason for cancellation and postponement. Often these postponements lead to a study to find an alternative solution, yet the studies consistently find that the best solution is the route currently being proposed. Extensive consultation has been carried out, and the proposals evaluated and re-evaluated, yet the conclusions of these studies remain much the same, a bypass south of Huntingdon and online widening of the A14 to Cambridge.
22.1.3 It would be naïve to assume that there is no negative impact of such a huge project, and there are. However, they are generally in the minority compared to those who will benefit from secure jobs, economic growth, and new homes. All these depend on the A14 to happen. The County Council strongly supports the scheme, and is keen to see the issues and missed opportunities addressed, with further clarification on proposals or additional mitigation to address impacts where possible. This will help to ensure that the scheme delivers on the range of benefits sought and a positive legacy for the continued growth and prosperity of Cambridgeshire.
Page 110 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council 23. REFERENCES
Copies provided of these (other than legislation, national planning policy, and submissions made to the Examining Authority by Highways England) are bundled with this representation.
[1] Cambridgeshire County Council, South Cambridgeshire District Council, Cambridge City Council, Greater Cambridge Greater Peterborough Enterprise Partnership, Cambridge University, Greater Cambridge City Deal, 2014.
[2] Cambridgeshire County Council, Huntingdon and Godmanchester Market Town Transport Strategy.
[3] Cambridgeshire County Council, The Cambridgeshire Local Transport Plan 2011 - 2031 (LTP3) including Cambridgeshire Long Term Transport Strategy (LTTS), 2014.
[4] Cambridgeshire County Council and Others, Cambridgeshire’s Local Flood Risk Management Strategy, 2012.
[5] Cambridgeshire County Council, Landscape Guidelines, 1993.
[6] Cambridgeshire County Council, A14 Cambridge to Huntingdon De-Trunking - Letter, 2015.
[7] DfT/Mouchel, Cambridge to Huntingdon Multi-Modal Study (CHUMMS) Final Report - Extract, 2001.
[8] Systra, TN01 – Forecasted Impacts on Local Road Network, 2015.
[9] Jonathan G King BA(Hons) DipTP MRTPI, Report On The Examination Into The Cambridgeshire And Peterborough Minerals And Waste Site Specific Proposals, 2011.
[10] Cambridgeshire County Council, Cambridgeshire and Peterborough Site Specific Proposals Development Plan Document.
[11] Cambridgeshire County Council, Cambridgeshire and Peterborough Minerals and Waste Core Strategy, 2011.
Page 111 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
[12] DCLG, Technical Guidance to the National Planning Policy Framework, 2012.
[13] CIFA, Standard and guidance for archaeological field evaluation, 2014.
[14] DfT/Highways England, DRMB HA 208/07 Chapter 2 Defining Cultural Heritage, Volume 11 Section 3 Part 2, 2007.
[15] K. Gdaniec, Email 22nd April 2015 – Written Schemes of Investigation.
[16] Bedforshire, Cambridgeshire, Northamptonshire Wildflife Trusts, Cambridgeshire & Peterborough County Wildlife Sites System, 2014.
[17] Cambridgeshire County Council, Cambridgeshire Rights of Way Improvement Plan, 2005.
[18] HM Government, “New Roads & Street Works Act 1991 (NRSWA),” [Online]. Available: http://www.legislation.gov.uk/ukpga/1991/22/contents.
[19] HM Government, “Traffic Management Act 2004 Part 2,” [Online]. Available: http://www.legislation.gov.uk/ukpga/2004/18/contents .
[20] BSi, Maintaining the Local and National Street Gazetteers - British Standard BS 7666-0, 2006.
[21] HM Government, “Providing search responses for property transactions - Local Land Charges Act 1975,” [Online]. Available: http://www.legislation.gov.uk/ukpga/1975/76.
[22] HM Government, “Local Land Charges Rules,” 1977. [Online]. Available: http://www.legislation.gov.uk/uksi/1977/985/contents/made.
[23] HM Government, “Freedom of Information Act 2000, Section 1,” [Online]. Available: http://www.legislation.gov.uk/ukpga/2000/36.
[24] HM Government, “Environmental Information Regulations 2004, Part 2,” [Online]. Available: http://www.legislation.gov.uk/uksi/2004/3391/made .
[25] Cambridgeshire County Council, Highways Asset Records – Detailed Assessment, 2015.
Page 112 A14 Cambridge to Huntingdon Development Consent Order Written Representation by Cambridgeshire County Council
[26] Higwhays Agency/Parsons Brinckerhoff, Technical Note 7 - Definition Of Asset Management Responsibilities: Bridges And Structures, 2013.
[27] ADEPT, ADEPT Engineering Board National Bridges Group Meeting Notes, 2014.
[28] DEFRA, Rights of Way Circular 1/09 Version 2, 2009 .
[29] Cambridgeshire County Council, Land Ownership Discrepancies.
[30] Cambridgeshire County Council and Other, A14 Cambridge to Huntingdon Local Impact Report.
Page 113
APPENDIX A
Legal Agreement
DATED Draft (1):23/04/15
(1) HIGHWAYS ENGLAND COMPANY LIMITED
(2) CAMBRIDGESHIRE COUNTY COUNCIL
AGREEMENT relating to the proposed A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order
CONTENTS
Page
1 INTERPRETATION 3
3 EXISTING ROADS TO BE DE-TRUNKED 5
4 NEW OR IMPROVED LOCAL ROADS 6
5 FEES 8
6 THIRD PARTY CLAIMS 8
7 CAMBRIDGE GUIDED BUSWAY 8
8 DISPUTE RESOLUTION 8
9 NOTICES 9
10 RIGHTS OF THIRD PARTIES 9
11 VARIATIONS 10
12 NEGLIGENCE ETC. 10
59434299.1\GW06
THIS AGREEMENT is made on 2015
BETWEEN:-
(1) HIGHWAYS ENGLAND COMPANY LIMITED of Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ ("Highways England") and;
(2) CAMBRIDGESHIRE COUNTY COUNCIL of Shire Hall, Castle Hill, Cambridge, CB3 0AP ("the Council").
WHEREAS
(a) On 31 December 2014 the Highways Agency, an executive agency of the Department for Transport made an application ("the Application") on behalf of the Secretary of State for Transport for a development consent order to be made under the Planning Act 2008 ("the Order") to authorise the construction and operation of various improvements to the A14 between Cambridge and Huntingdon, which forms part of the strategic road network. The application was accepted for examination on 27 January 2015 by the Planning Inspectorate acting on behalf of the Secretary of State.
(b) With effect from 1 April 2015 Highways England was designated under the Infrastructure Act 2015 as a highway authority for nearly all highways within England for which the Secretary of State for Transport (acting via the Highways Agency) was previously highway authority, including the A14 trunk road. By virtue of The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 the Application was as from the same date effectively transferred to Highways England. Ultimately Highways England will be 'the undertaker' for the purposes of the Order, if made.
(c) Under the Order, if made, Highways England will acquire land, construct various works and exercise powers for the purposes of, and in connection with, the improvement and upgrading of a 23-mile length of the A14 trunk road between Cambridge and Huntingdon, the widening of a 2-mile stretch of the A1 between Alconbury and Brampton, and the modification and improvement of the associated local road network within this corridor ("the Scheme").
(d) The Council is the local highway authority for all roads in Cambridgeshire (in which the Scheme is solely located) which do not form part of the strategic road network (for which Highways England is the highway authority.
(e) The Order makes provision for certain roads that currently form part of the strategic road network to be 'de-trunked' and, as such, become the responsibility of the Council. In addition, the Order also makes provision for certain new local roads and other rights of way to be constructed or altered which will also fall under the responsibility of the Council.
(f) Construction of the Scheme also has the potential to affect the operations of the Cambridgeshire Guided Busway.
(g) In consideration of the covenants, obligations and stipulations hereinafter contained the Parties have entered into this Agreement in order to make provision relating to the handover of the 'de-trunked roads', the design and construction or alteration of the new local roads and rights of way, and for the protection of the Cambridgeshire Guided Busway, to the satisfaction of the Council, in order that the Council can continue to perform its statutory functions as local highway authority.
IT IS AGREED as follows:-
1. INTERPRETATION
1.1 In this Agreement, unless the context otherwise requires, words and expressions defined in the above recitals have the meanings given to them there, words and expressions defined by the Draft Order have the same meaning as they have in the Draft Order but are to be interpreted as being adjusted to the extent necessary to accord with the provisions of the Order as made, and:-
"Abnormal Maintenance" means any maintenance other than reactive or minor routine maintenance that the Council would not ordinarily undertake on a regular basis in connection with any highways:
(a) of a similar legal status; and
(b) which are subject to a similar amount of use by the public,
to the De-Trunked Roads;
"the Authorised Works" means the works authorised by the Order, or any part of them;
"the Application" means the application submitted by the Highways Agency on behalf of the Secretary of State for Transport on 31 December 2014, pursuant to section 37 of the Planning Act 2008, for an order to be made by the Secretary of State under section 114 of that Act to authorise the construction and operation of the Scheme and to make provision for associated development and ancillary matters;
"Business Day" means a day other than a Saturday or a Sunday on which clearing banks are open generally for business in the City of London;
"the Cambridgeshire means the Cambridgeshire Guided Busway, being a Guided Busway" guided busway running between St. Ives to Milton Road, Cambridge and to Kings Hedges Road, Cambridge and from Cambridge Railway Station to the Trumpington Park & Ride site and to Addenbrooke’s Hospital, all as authorised by the Cambridgeshire Guided Busway Order 2005 (SI 2005, No. 3523), and of which the Council is the operator, including any station, land, works, apparatus and equipment belonging to the Council or connected with the guided busway and any easement or other property interest held by the Council or used by it for the benefit of the guided busway;
"the CGB Works" means any of the Authorised Works which are situated upon, across, or within [15] metres of the Cambridgeshire Guided Busway;
"the De-Trunked Roads" means those roads described in Part 3 of Schedule 3 to the Draft Order;
"the De-Trunked Roads means the sum of £[X]; Inspection Fee"
"the Design and Check means the sum of £[X]; Fee"
"the De-Trunking Date" means the date to be determined pursuant to article 12(4) of the Draft Order;
"Departure from Standard" means a non-compliance with a mandatory requirement of a standard or specification in respect of design, maintenance, operation and improvement of highways used by the Council and stipulated as such in a standards management system, other policy documents, contracts or a design brief or design statement;
"the Draft Order" means the draft of the Order which accompanied the Application;
"the Handover Plan" means a plan prepared by Highways England, submitted and approved pursuant to clause 3 of this Agreement and setting out any works and matters Highways England reasonably considers necessary to be carried out to the De-Trunked Roads prior to the De-Trunking Date in order that the Council can meet its statutory functions as local highway authority;
"the Local Roads" means any right of way to be constructed or improved as part of the Authorised Works, in relation to which the Council will be the highway authority or otherwise be responsible for the maintenance on completion of the construction or improvement of the right of way; and
"the Local Roads means the sum of £[X]. Inspection Fee"
1.2 The headings in this Agreement are for convenience only and shall not be taken into consideration in the interpretation or construction of this Agreement.
1.3 References in this Agreement to numbered clauses are references to the clauses of this Agreement and references in this Agreement to numbered articles and numbered works are references to the articles and works numbered in the Draft Order.
1.4 Words importing the singular shall include the plural and vice versa, words importing any gender include every gender and words importing persons include firms, companies and corporations and vice versa.
1.5 Any reference in this Agreement to a 'Party' or the 'Parties' is a reference to the parties who are signatories to this Agreement or their successors in title and commitments made in this Agreement shall be binding on those successors.
1.6 Any reference to any enactment includes a reference to it as amended (whether before or after the date of this Agreement) and to any other enactments which may,
after the date of this Agreement, directly or indirectly replace it, with or without amendment.
1.7 Any reference to consent, approval or confirmation refers to consent, approval or confirmation given in writing.
2. THE SCHEME
2.1 Subject to the parties adhering to the terms of this Agreement, the Council confirms that it:
2.1.1 has no objection in principle to the Scheme;
2.1.2 will support Highways England in such a way that Highways England can progress and deliver the Scheme in accordance with the following aspirational timetable formulated by Highways England:
Step/Activity Commencement Completion
Examination 14 May 2015 13 November 2015
Secretary of State's 12 May 2016 decision on the Application
Appointment of contractor
Construction of the CGB Works
De-Trunking Date
Local Roads to be open for traffic
3. EXISTING ROADS TO BE DE-TRUNKED
Handover Plan
3.1 Highways England agrees to consult with the County Council in developing a Handover Plan for de-trunking.
3.2 The Handover Plan will include details including, but not limited to the following elements of or information relating to the De-Trunked Roads:
3.2.1 the condition of the carriageway and structures;
3.2.2 the carriageway surfacing;
3.2.3 drainage;
3.2.4 signage and road marking;
3.2.5 lighting;
3.2.6 fencing
3.2.7 vehicle restraint systems;
3.2.8 intelligent transport system equipment;
3.2.9 extent of the highway boundary;
3.2.10 removal of equipment not required by the Council;
3.2.11 all available records; and
3.2.12 any works intended to be carried out by Highways England to the De- Trunked Roads before the De-Trunking Date:
(a) to bring the De-Trunked Roads up to a standard reasonably required by the Council; and
(b) such that the De-Trunked Roads should then not require any Abnormal Maintenance for a minimum period of 10 years from the De-Trunking Date, or longer period as may be agreed.
3.3 At least 12 months prior to the proposed De-Trunking Date as set out in the aspirational timetable in clause 2.1.4, Highways England will submit the proposed Handover Plan to the Council for its approval (such approval not to be unreasonably delayed or withheld). Highways England agrees that it will not determine the De- Trunking Date until the Handover Plan has been approved and fully complied with.
3.4
3.5 If the Council has not responded to Highways England approving or rejecting the proposed Handover Plan within 28 Business Days of its submission, or such longer period as may be agreed, the Council is deemed to have approved the proposed Handover Plan in the form submitted to it.
3.6 Prior to the De-Trunking Date, Highways England will carry out and complete in accordance with the Handover Plan and to the reasonable satisfaction of the Council all works and other matters covered in the Handover Plan.
3.7 A duly authorised officer of the Council is entitled to inspect the carrying out under the Handover Plan of any works and other matters but will have no power to direct how those works or other matters are carried out.
3.8 Upon Highways England being satisfied that the Handover Plan has been fully complied with, it shall serve notice ("the Notice") on the Council notifying it of this fact.
3.9 Upon receipt of the Notice, the Council must inspect all works carried out pursuant to the Handover Plan and confirm within 28 Business Days, or such longer period as may be agreed, of receipt of the Notice that the Council is reasonably satisfied that the Handover Plan has been fully complied with.
3.10 Should the Council not respond within 28 Business Days, or such longer period as may be agreed, of being served with the Notice, it is deemed to have confirmed that the Council is reasonably satisfied that the Handover Plan has been fully complied with.
4. NEW OR IMPROVED LOCAL ROADS
Detailed design consultation
4.1 Highways England will consult the Council in respect of the detailed design of any of the Authorised Works which form part of the Local Roads and shall have due regard to
any comments provided by the Council within a reasonable timescale before finalising the detailed design. This consultation will include, but will not be limited to, providing to the Council:
4.1.1 statements of proposed design;
4.1.2 proposed departures from standard;
4.1.3 detailed design drawings, specifications and schedules;
4.1.4 approvals in principle for structures;
4.1.5 design and check certificates for structures; and
4.1.6 road safety audit reports and any exception reports.
4.2 Highways England will not construct any part of a Local Road which includes a Departure from Standard until the Council has approved any such Departure from Standard (such approval not to be unreasonably withheld or delayed).
4.3 Highways England will not construct any structure which forms part of a Local Road until the Council has been provided with the draft Approval in Principle in accordance with the Design Manual for Roads and Bridges Volume 1 BD2/12 'Technical Approval of Highway Structures', and the Council has counter-signed the Approval in Principle. The Council shall not unreasonably withhold its assent.
Construction monitoring
4.4 At any time during the construction of any of the Authorised Works that form part of the Local Roads, a duly authorised officer of the Council is entitled to inspect the carrying out of those works but will have no power to direct how they are carried out.
Handover process
4.5 The Council will not have any liability for maintenance of the Local Roads pursuant to article 11(1) or (2) of the Draft Order until clauses 4.6 to 4.8 below have been complied with.
4.6 Prior to the Local Roads being opened to public traffic following construction of any of the Authorised Works that form part of the Local Roads, Highways England and the Council will jointly inspect the Local Roads to ensure that they are of a reasonable standard in order for the Council to perform its statutory functions as highway authority for the Local Roads.
4.7 Within 28 Business Days, or such longer period as may be agreed, following any such inspection, the Council will confirm to Highways England whether it reasonably considers that the Local Roads are of a reasonable standard for the Council to perform its statutory functions as highway authority for them as part of its road network and the Local Roads will be open for public use and the Council will assume responsibility for them as highway authority from the day after that confirmation (or from such other day as may be agreed between the Parties).
4.8 Should the Council not provide to Highways England the confirmation mentioned in clause 4.7, the Council will be deemed to have confirmed that it considers the Local Roads are of a reasonable standard for the Council to perform its statutory functions as highway authority for them as part of its road network and the Local Roads will be open for public use and the Council will be deemed to have assumed responsibility for them as highway authority from the day following 28 Business Days, or such longer period as may be agreed, after the inspection mentioned in clause 4.6.
4.9 Within 28 Business Days, or such longer period as may be agreed, of the Council assuming statutory responsibility for the Local Roads pursuant to clause 4.7 or 4.8, Highways England will deliver to the Council all information, in such format as may be agreed, in Highways England's possession reasonably required by the Council that is relevant to safe use, maintenance, asset management, and operation of the Local Roads.
Defects
4.10 Upon receiving notice from the Council of a defect with the Local Roads within 12 months of the Council becoming highway authority for the Local Roads pursuant to clause 4.7 or 4.8, should Highways England, acting reasonably, agree with the Council's assessment, it will ensure that any defects in the Local Roads are corrected promptly and to the reasonable satisfaction of the Council.
5. FEES
5.1 Highways England will pay the De-Trunked Roads Inspection Fee to the Council prior to the De-Trunking Date.
5.2 Highways England will pay the Design and Check Fee, or such proportion as may be agreed, to the Council prior to the start of construction of Local Roads which the Council becomes highway authority for pursuant to clause 4.7 or 4.8.
5.3 Highways England will pay the Local Roads Inspection Fee to the Council prior to the date on which the Council becomes highway authority for the Local Roads pursuant to clause 4.7 or 4.8.
6. THIRD PARTY CLAIMS
6.1 If the Council receives any claim arising under Part 1 or Part 2 of the Land Compensation Act 1973 or the Noise Insulation Regulations 1975 in respect of any of the Authorised Works relating to the De-Trunked Roads, the Council will immediately on receipt of the claim send a copy of it to Highways England, who will thereafter be solely responsible for dealing with the claim.
7. CAMBRIDGESHIRE GUIDED BUSWAY
7.1 The Council and Highways England will proceed as soon as reasonably practicable and in any event before Highways England commences the CGB Works to enter into the following agreements:-
7.1.1 an asset protection agreement regulating the carrying out of the CGB Works; and
7.1.2 [any land-related agreements that are required].
8. DISPUTE RESOLUTION
8.1 Highways England and the Council will not use any means or take any action or procure any other person to take any action that would have the effect of nullifying or rendering less effective this Agreement.
8.2 Without prejudice to any other provision of this Agreement, Highways England and the Council will attempt to resolve any lack of agreement, dispute or difference between them arising out of this Agreement (‘Dispute’) by discussion and agreement in accordance with this clause.
8.3 If any dispute has not been resolved within 21 days of the dispute arising, Highways England will call a meeting for the purpose of resolving the dispute by serving not less than 5 Business Days' written notice on the Council.
8.4 Each party agrees to procure that a senior representative with sufficient knowledge and authority in respect of the matter in dispute will attend any meeting called in accordance with clause 8.3 above and will co-operate in good faith with the other to resolve the Dispute as amicably as possible and within 10 Business Days of the meeting called for that purpose.
8.5 If the senior representatives fail to resolve the dispute within the time allotted by clause 8.4:
8.5.1 a Dispute as to the meaning or construction of this Agreement shall be referred to and determined by an independent solicitor or barrister of at least 10 years’ standing, acting as an expert and who is experienced in drafting, negotiating and advising on agreements similar to this Agreement, such independent person to be agreed between the Parties or failing such agreement to be nominated by the President or the Vice President or other duly authorised officer of the Law Society on the application of either party, having given written notice to the others, and the costs associated with the expert and determination of the Parties shall be borne as the expert shall direct; and
8.5.2 any other Dispute arising shall be referred to and determined by an independent engineer of at least 10 years’ standing, acting as an expert and who is experienced in drafting, negotiating and advising on agreements similar to this Agreement, such independent person to be agreed between the Parties or failing such agreement to be nominated by the President or the Vice President or other duly authorised officer of the Institution of Civil Engineers on the application of any party, having given written notice to the others, and the costs associated with the expert and determination of the Parties shall be borne as the expert shall direct.
9. NOTICES
9.1 Any notice served or given or plans, drawings or documents supplied under or in relation to this Agreement shall (in the case of a notice) be in writing, must refer to the relevant provision of this Agreement, and will in all cases be deemed to be sufficiently given, served or supplied if addressed or supplied to Highways England or the Council as the case may be, and sent by first class post, courier service or registered post to:
(a) in the case of Highways England, to:
[TBC]
(b) in the case of the Council, to:
[TBC]
10. RIGHTS OF THIRD PARTIES
Only Highways England and the Council may enforce the terms of this Agreement and no third party may enforce any such term by virtue of the Contracts (Rights of Third Parties) Act 1999.
11. VARIATIONS
No variation of this Agreement shall be effective unless it is in writing and is signed by or on behalf of a duly authorised representative of each of the Parties.
12. NEGLIGENCE ETC.
Nothing in this Agreement shall impose any liability on Highways England or the Council with respect to any damage, cost, expense or loss which is attributable to the negligence, neglect or default of the other party or of any person in its employment, or of its contractors or agents, and any liability of Highways England or the Council under this agreement shall be reduced proportionately to the extent to which any damage, cost, expense or loss is attributable to the negligence, neglect or default of the other party or of any person in its employment, or of its contractors or agents.
IN WITNESS of which, this Agreement is:
[Insert execution blocks]
APPENDIX B
Proposed Additional Public Rights of Way at Borrow Pit Sites
Proposed public rights of way at borrow pit sites
APPENDIX C
Policy Assessment of the A14 Borrow Pits – Degree of Compliance with Cambridgeshire And Peterborough Minerals And Waste Plan
1.1.3 Compliant with Policy 1.1.1 Currently considered contrary to Policy
Borrow pit Relevant policies from Core Review of Environmental Comment Compliance with Policy Strategy (CS) and Site Specific Statement Proposals Plan (SSP)
(n.b. see Appendix 1)
West of Brampton CS11 Sand and Gravel Borrow pits / The proposed borrow pit extends The northwards extension is not a The proposed borrow pit broadly M9T / Highway SSP M2 Area of Search Allocations northwards beyond the Area of concern, provided relevant aligns with the area of search. Agency Borrow pit for Sand and Gravel Borrow pits Search identified to the west of environmental policies can be No. 1 Brampton, whilst a substantial part satisfied. The road scheme itself of the southern area remains sterilises part of the southern area, unused. which together with a fuel pipeline would limit opportunities within this area.
CS13 Additional Mineral Extraction This site extends beyond the Area There is a demonstrated need for The County Council accepts that the of Search allocated to the west of the material and, in principle, the extension area can be treated as an Brampton. characteristics of the extension exception within the scope of Policy area are very similar to the CS13. allocated area.
CS22 Climate Change The drainage scheme for the road It is disappointing that the borrow The site has the potential to make a scheme takes into account the pit proposals fail to recognise the positive contribution towards need to design for climate change. potential to contribute to climate resolving local flooding issues in change adaptation for the wider Brampton, via Brampton Brook. area, both in terms of flood water Highways England is understood to storage and biodiversity. be considering proposals that would address local flooding.
CS23 Sustainable Transport of The proposed borrow pit is The proposal accords with the Compliant with Policy. Minerals and Waste adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS25 Restoration and Aftercare of The application proposes the In principle the scheme could At present the application provides Mineral and Waste Management restoration of the site to a series of satisfy the requirement to provide no assurance that beneficial after Sites landscaped lagoons, with potential creation of BAP habitat i.e. reedbed uses can be achieved and is and wet woodland. However, therefore considered to be without a ten-year aftercare
for the development of wildlife management scheme, there is no contrary to policy. A phased habitats and quiet recreation. guarantee that a beneficial after restoration scheme is also required. use would be achieved. Similarly no Highways England is understood to mechanism is proposed to provide have agreed to 10 years after care, public access. The application also but the means of securing this are fails to provide a phased not clear. restoration scheme, which is considered necessary given an operational period of up to 4 years.
CS32 Traffic and Highways The proposed borrow pit is The proposal accords with the Compliant with Policy. adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS33 Protection of Landscape Changes to the landscape of the Subject to the consideration of Compliant with Policy on the Character area will occur as a result of detailed landscaping schemes, it is assumption that a detailed extensive borrow pit workings. accepted that the borrow pits can landscaping scheme and five-year
Structural planting will help to be satisfactorily assimilated into aftercare programme will be
integrate this with the wider the local landscape. agreed as proposed in the landscape. Landscape Assessment.
CS34 Protecting Surrounding Uses This is only covered at a high level The proposed workings are within The EIA fails to apply the in the Noise and Vibration 200m of Rectory Farm and appropriate standard for noise. Assessment. The noise assessment Brampton Lodge. These are not Detailed noise assessments are is not based on appropriate specifically mentioned in the ES and required for Rectory Farm and guidance (National Planning noise assessment of these Brampton Lodge. The soil storage Practice Guidance for Minerals) and properties will be required area should be set back further therefore underestimates the together with appropriate from Rectory Farm. The significance of impacts. Dust mitigation. The proximity of the soil landscaping scheme should also be mitigation would be achieved storage area to Rectory Farm is of designed having regard to long through the Code of Constriction concern in relation to both noise term visual impacts on these Practice. and dust. properties.
CS35 Biodiversity and Geodiversity The EIA notes that works are 550m Borrow pit no. 1 actually appears to Potential impacts upon Brampton from Brampton Wood, a SSSI be nearer 425m from the edge of Wood require some further (ancient woodland, with important Brampton Wood. The hydrological clarification. More significantly butterfly and dormice populations). assessment concludes that there has been no proper Effects on the Wood are considered dewatering will not affect the consideration of the impacts and to be neutral. Bats are also Wood. There appears to be no need for mitigation in relation to identified as being present in the detailed assessment of potential bat populations in the hedgerow between the Wood and the A1.
hedgerow running through the dust impacts, though the distance borrow pit site. itself may be sufficient mitigation. (See also CS39 below)
CS36 Archaeology and the Historic The site is recognised as being Further information (physical Not compliant with policy as the ES Environment archaeologically sensitive and the evidence) required to assess has not defined satisfactory assessment concludes that the whether proposed mitigation is mitigation measures for the Borrow borrow pit will have a major impact sufficient and appropriate, Pits. on multi-period archaeological supported by illustrations showing remains. Targeted excavation is areas of intended mitigation types. proposed by way of mitigation. Interpretation of excavated heritage assets and erection of interpretation boards should be considered as part of restoration.
CS37 Public Rights of Way Existing rights of way within the site Satisfactory proposals are made for The opportunity should be taken to are to be retained or diverted. the safeguarding of existing routes, improve the rights of way network but the policy also expects within the site. developments to take opportunities to enhance the network. The failure to do so is particularly disappointing given that the site is identified as being
suitable for informal recreation post restoration.
CS38 Sustainable Use of Soils The site is grade 2 agricultural land. It is accepted that the loss of high Compliant with policy on the A Soil Management Strategy has grade agricultural land is assumption that the Soil been prepared which seeks to unavoidable and that restoration to Management Strategy will be mitigate potential impacts on soil agriculture is not viable. In terms of applied. resources and ensure the the sustainable use of surplus soils, sustainable management of soil the HA should approach local resources. mineral and waste operators with a view to using these to assist restoration on other sites.
CS39 Water Resources and Water A long term surface water pattern is Further assessment is critical to Some further assessment required Pollution Prevention proposed and the ES concludes that ensure the avoidance of impacts as of potential impacts, particularly in potential effects from dewatering a result of dewatering. The relation to Brampton Wood. the borrow pit can be satisfactorily assurances in respect of Brampton mitigated, further assessment Wood appear to be based on being required to determine the speculation rather than fact and precise mitigation measures. this should also be subject to further assessment.
CS41 Ancillary Development None identified Not an issue
South West CS11 Sand and Gravel Borrow pits / The proposed borrow pit sits wholly Compliant with Policy. Brampton / Highway SSP M2 Area of Search Allocations within the allocated site. Agency Borrow pit for Sand and Gravel Borrow pits No. 2
CS22 Climate Change The drainage scheme for the road It is disappointing that the borrow A more positive approach to the scheme takes into account the pit proposals fail to recognise the creation and management of need to design for climate change. potential to contribute to climate biodiversity habitats would make a change adaptation for the wider positive contribution to climate area in terms of biodiversity. This change adaption within the County. site might also have some potential The potential for providing surface to provide surface water water attenuation to RAF attenuation for the RAF Brampton Brampton is worth investigation. redevelopment.
CS23 Sustainable Transport of The proposed borrow pit is The proposal accords with the Compliant with Policy. Minerals and Waste adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS25 Restoration and Aftercare of The application proposes the In principle the scheme could At present the application provides Mineral and Waste Management restoration of the site to two satisfy the requirement to provide no assurance that beneficial afte Sites landscaped lagoons, with potential creation of BAP habitat i.e. reedbed ruses can be achieved and is
for the development of wildlife and wet woodland. However, therefore considered to be habitats and quiet recreation, without a ten-year aftercare contrary to policy. A phased possibly including a pocket park for management scheme, there is no restoration scheme is also required. Brampton. guarantee that a beneficial after Highways England is understood to use would be achieved. Similarly no have agreed to 10 years after care, mechanism is proposed to provide but the means of securing this are public access. The application also not clear. fails to provide a phased restoration scheme, which is considered necessary given an operational period of up to 4 years.
CS32 Traffic and Highways The proposed borrow pit is The proposal accords with the Compliant with Policy. adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS33 Protection of Landscape Changes to the landscape of the Subject to the consideration of Compliant with Policy on the Character area will occur as a result of detailed landscaping schemes, it is assumption that a detailed extensive borrow pit workings. accepted that the borrow pits can landscaping scheme and 5 year
Structural planting will help to be satisfactorily assimilated into aftercare programme will be
integrate this with the wider the local landscape. agreed as proposed in the landscape. Landscape Assessment.
CS34 Protecting Surrounding Uses This is only covered at a high level The edge of the borrow pit is about The EIA fails to apply the in the Noise and Vibration 150m from the edge of the RAF appropriate standard for noise and Assessment. The noise assessment Brampton housing area, whilst the fails to satisfactorily address is not based on appropriate proposed soil storage area comes potential dust impacts. Detailed guidance (National Planning right up to the residential noise and dust assessments should Practice Guidance for Minerals) and boundary. The noise assessment be carried out and the proposals therefore underestimates the predicts ‘temporary annoyance, to reviewed having regard to this. This significance of impacts. Dust 10 properties for a period of up to may show a greater impact and a mitigation would be achieved 42 months. The dust assessment larger number of properties through the Code of Constriction similarly recognises that there will affected. The landscaping scheme Practice. be negative effects but suggests should also be designed having these can be mitigated with best regard to long term visual impacts practice measures. on these properties.
CS35 Biodiversity and Geodiversity No significant features identified No concerns in terms of protection Compliant with policy. within or adjacent to site. of existing biodiversity interests.
CS36 Archaeology and the Historic The site is recognised as being Further information (physical Not compliant with policy as the ES Environment archaeologically sensitive and the evidence) required to assess has not defined satisfactory assessment concludes that the whether proposed mitigation is mitigation measures for the Borrow borrow pit will have a major impact sufficient and appropriate, Pits on multi-period archaeological supported by illustrations showing remains. Targeted excavation is areas of intended mitigation types. proposed by way of mitigation. This site is a known location of Palaeolithic material, as found in
the gravel body at Woolpack Farm. Such early archaeological evidence is of national importance. As well as prior archaeological investigations before gravel extraction, a strategy will need to include provision for monitoring the gravel extraction process so that any ancient land surfaces or glacial/interglacial rivers are appropriately investigated and recorded.
CS37 Public Rights of Way An existing public right of way Satisfactory proposals are made for The opportunity should be taken to around the perimeter of the site is the safeguarding of existing routes, improve the rights of way network to be retained. but the policy also expects within the site. developments to take opportunities to enhance the network. The failure to do so is particularly disappointing given that the site is identified as being suitable for informal recreation post restoration.
CS38 Sustainable Use of Soils The site is grade 2 agricultural land. It is accepted that the loss of high Compliant with policy on the A Soil Management Strategy has grade agricultural land is assumption that the Soil
been prepared which seeks to unavoidable and that restoration to Management Strategy will be mitigate potential impacts on soil agriculture is not viable. In terms of applied. resources and ensure the the sustainable use of surplus soils, sustainable management of soil the HA should approach local resources. mineral and waste operators with a view to using these to assist restoration on other sites.
CS39 Water Resources and Water A long term surface water pattern is Further assessment is critical to Compliant with policy on the Pollution Prevention proposed and the ES concludes that ensure the avoidance of impacts as assumption that mitigation potential effects from dewatering a result of dewatering. measures will be developed as can be satisfactorily mitigated, proposed. further assessment being required to determine the precise mitigation measures.
CS41 Ancillary Development None identified Not an issue
Galley Hill CS11 Sand and Gravel Borrow pits / The proposed borrow pit sits wholly Compliant with Policy. Fenstanton (M2A) & SSP M2 Area of Search Allocations within the allocated site. Oxholme Farm (M2B) for Sand and Gravel Borrow pits
/ Highway Agency CS22 Climate Change The drainage scheme for the road It is disappointing that the borrow The site has potential to make a Borrow pit No. 3 scheme takes into account the pit proposals fail to recognise the positive contribution towards need to design for climate change. potential to contribute to climate resolving local flooding issues change adaptation for the wider around Fenstanton. A more area, both in terms of flood water positive approach to the creation storage and biodiversity. and management of biodiversity habitats would also make a positive contribution to climate change adaption.
CS23 Sustainable Transport of The proposed borrow pit is The proposal accords with the Compliant with Policy. Minerals and Waste adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS25 Restoration and Aftercare of The application recognises the It is agreed that the site is suitable At present the application provides Mineral and Waste Management potential of this site for wildlife for the creation of BAP habitat, no assurance that a beneficial after Sites habitat creation, particularly given particularly reedbed and wet use can be achieved and is its location adjacent to the existing woodland. However, without a ten- therefore considered to be Fenstanton Pits County Wildlife year aftercare management contrary to policy. A phased Site. scheme, there is no guarantee that restoration scheme is also required. a beneficial after use would be Highways England is understood to achieved. The application also fails have agreed to 10 years after care, to provide a phased restoration scheme, which is considered
necessary given an operational but the means of securing this are period of up to 4 years. not clear.
CS32 Traffic and Highways The proposed borrow pit is The proposal accords with the Compliant with Policy. adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS33 Protection of Landscape Changes to the landscape of the Subject to the consideration of a Compliant with Policy on the Character area will occur as a result of borrow detailed landscaping scheme, it is assumption that a detailed pit workings. Structural planting accepted that the borrow pits can landscaping scheme and five-year
will help to integrate this within the be satisfactorily assimilated into aftercare programme will be
wider landscape. the local landscape. agreed as proposed in the Landscape Assessment.
CS34 Protecting Surrounding Uses This is only covered at a high level There are several properties within The EIA fails to apply the in the Noise and Vibration or just over 200m of the site. Noise appropriate standard for noise. Assessment. The noise assessment assessment is required to Detailed noise assessments are is not based on appropriate demonstrate that these properties required for the closest residential guidance (National Planning will not be significantly affected properties. Practice Guidance for Minerals) and over the working life of the site. therefore underestimates the significance of impacts. Dust mitigation would be achieved
through the Code of Constriction Practice.
CS35 Biodiversity and Geodiversity The Assessment concludes that There is no specific assessment of Further consideration of potential there will be no adverse effect upon potential dust impacts on the dust impacts required, together the adjacent Fenstanton County County Wildlife Site and this will with more detailed proposals for Wildlife Site. The potential for this require careful consideration and restoration and management of the site to provide biodiversity gain is mitigation to avoid adverse effects site. acknowledged, but not guaranteed on species including dragonflies.
beyond the initial 5 year aftercare The failure to fully realise the (See also CS39 below) period. potential enhancements to biodiversity is disappointing.
CS36 Archaeology and the Historic The site is recognised as being Further information (physical Not compliant with policy as the ES Environment archaeologically sensitive and the evidence) required to assess has not defined satisfactory assessment concludes that the whether proposed mitigation is mitigation measures for the Borrow borrow pit will have a major impact sufficient and appropriate, Pits on multi-period archaeological supported by illustrations showing remains. Targeted excavation is areas of intended mitigation types. proposed by way of mitigation.
CS37 Public Rights of Way Adjacent footpath on northern The site is not suitably located to Compliant with Policy boundary not affected. merit consideration of providing public access.
CS38 Sustainable Use of Soils The site is grade 2 agricultural land, The loss of high grade agricultural Compliant with Policy. but will not be restored to land is considered acceptable on agriculture. this site, given the benefits of the scheme.
CS39 Water Resources and Water A long term surface water pattern is The assessment gives no specific Combined hydrological/ecological Pollution Prevention proposed and the ES concludes that consideration to the potential assessment required of potential potential effects from dewatering effects of dewatering on the effects on Fenstanton County the borrow pit can be satisfactorily immediately adjacent County Wildlife Site. mitigated, further assessment Wildlife Site. This needs proper being required to determine the consideration. precise mitigation measures.
CS41 Ancillary Development None identified Not an issue
Boxworth / Highway CS12 Engineering Clay / SSP M7 The proposed borrow pit is The location just outside of the The proposed borrow pit broadly Agency Borrow pit Area of Search Allocations for adjacent to but completely outside allocated area is not a concern, aligns with the area of search. No. 5 Engineering Clay Borrow pits of the Area of Search identified in provided relevant environmental the Mineral and Waste Plan. policies can be satisfied.
CS13 Additional Mineral Extraction This site sits just outside the There is a demonstrated need for The County Council accepts that allocated area of search at the material and, in principle, the this site can be treated as an Boxworth. characteristics of the proposed site are similar to the allocated area,
albeit that it sits on slightly elevated exception within the scope of Policy ground. CS13.
CS22 Climate Change The drainage scheme for the road There are no additional climate Compliant with Policy scheme takes into account the change issues in relation to this site. need to design for climate change.
CS23 Sustainable Transport of The proposed borrow pit is The proposal accords with policy in Compliant with Policy. Minerals and Waste adjacent to the road scheme. that it will minimise transport distance and traffic movements on local roads.
CS25 Restoration and Aftercare of The application proposes the This is considered to be an Compliant with Policy. Mineral and Waste Management restoration of the site to appropriate afteruse for the site. Sites agriculture.
CS32 Traffic and Highways The proposed borrow pit is close to The proposal accords with the Compliant with Policy. the road scheme and provision is policy in that it will minimise made for vehicular access to the transport distance and traffic site within the red line. movements on local roads. On the understanding that access is to be taken in fields alongside Boxworth Road and not use the public highway, there is no objection in terms of this policy.
CS33 Protection of Landscape Changes to the landscape of the Subject to the consideration of Compliant with Policy on the Character area will occur as a result of detailed landscaping schemes, it is assumption that a detailed reducing the current ground accepted that the borrow pit can be landscaping scheme and five-year
contours, but it will be possible to satisfactorily assimilated into the aftercare programme will be
recreate an acceptable landform local landscape. agreed as proposed in the and landscape. Landscape Assessment.
CS34 Protecting Surrounding Uses The noise assessment is not based Whilst noise needs to be properly Compliant with policy on the on appropriate guidance (National addressed, there is unlikely to be assumption that satisfactory Planning Practice Guidance for any significant issue given that the mitigation of noise and dust will be Minerals). Dust mitigation would be closest residential property is 400 applied through the CoCP. achieved through the Code of metres from the site. Dust Constriction Practice. mitigation will be required to avoid damage to crops on adjacent land.
CS35 Biodiversity and Geodiversity No identified concerns in relation Compliant with Policy. to this site.
CS36 Archaeology and the Historic There are a number of identified Further information (physical Not compliant with policy as the ES Environment archaeological assets on the evidence) required to assess has not defined satisfactory periphery of the site and the ES whether proposed mitigation is mitigation measures for the Borrow proposes a geophysical survey and sufficient and appropriate, Pits targeted excavation. supported by illustrations showing areas of intended mitigation types.
CS37 Public Rights of Way Existing rights of way on boundary The existing route can be Compliant with Policy. to be protected during and after adequately safeguarded and no working. new routes are considered necessary on this site.
CS38 Sustainable Use of Soils The site is grade 2 agricultural land Subject to satisfactory Compliant with policy on the and will be restored to agriculture. implementation of the soil assumption that the Soil The Soil Management Strategy management strategy and a five Management Strategy will be should mitigate impacts and ensure year aftercare programme, the applied. satisfactory restoration. proposals are considered acceptable.
CS39 Water Resources and Water No significant drainage issues are Compliant with Policy. Pollution Prevention raised by this borrow pit and the matter is satisfactorily addressed.
CS41 Ancillary Development None identified Not an issue
North of Dry Drayton CS12 Engineering Clay / SSP M7 The proposed borrow pit extends The extension is not a concern, The proposed borrow pit broadly Junction, Slate Hall Area of Search Allocations for northwards beyond the Area of provided relevant environmental aligns with the area of search. Farm (M7E) / North Engineering Clay Borrow pits Search identified. policies can be satisfied. of Junction 14, CS13 Additional Mineral Extraction This site extends beyond the Area There is a demonstrated need for The County Council accepts that the Grange Farm (M7F) / of Search. the material and, in principle, the extension area can be treated as an
Highway Agency characteristics of the extension exception within the scope of Policy Borrow pit No. 6 area are very similar to the CS13. allocated area.
CS22 Climate Change The drainage scheme for the road To provide a more beneficial The site may have some potential scheme takes into account the afteruse for this site, consideration to assist with flood attenuation need to design for climate change. should be given to the potential to problems at Girton via Beck Brook. contribute to climate change adaptation for the wider area in terms of flood water storage.
CS23 Sustainable Transport of The proposed borrow pit is The proposal accords with the Compliant with Policy. Minerals and Waste adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS25 Restoration and Aftercare of The application proposes Given its location and constraints it Compliant with Policy on the Mineral and Waste Management restoration partly to agriculture is difficult to envisage a more assumption that restoration Sites and partly to shallow, landscaped beneficial after use for this site. proposals and a five-year aftercare waterbodies. programme will be satisfactorily
implemented.
CS32 Traffic and Highways The proposed borrow pit is The proposal accords with the Compliant with Policy. adjacent to the road scheme. policy in that it will minimise
transport distance and traffic movements on local roads.
CS33 Protection of Landscape Changes to the landscape of the Subject to the consideration of a Compliant with Policy on the Character area will occur as a result of detailed landscaping scheme, it is assumption that a detailed extensive borrow pit workings. accepted that the borrow pits can landscaping scheme and five-year
Structural planting will help to be satisfactorily assimilated into aftercare programme will be
integrate this with the wider the local landscape. agreed as proposed in the landscape. Landscape Assessment.
CS34 Protecting Surrounding Uses This is only covered at a high level There are residential properties The EIA fails to apply the in the Noise and Vibration within 200 metres of the proposed appropriate standard for noise. Assessment. The noise assessment site, albeit those to the south of the Some further assessment is is not based on appropriate A14 will be heavily influenced by required. guidance (National Planning existing road traffic noise. Practice Guidance for Minerals) and However, some further detailed therefore underestimates the assessment is necessary to ensure significance of impacts. Dust satisfactory mitigation. mitigation would be achieved through the Code of Constriction Practice.
CS35 Biodiversity and Geodiversity There are no identified concerns in Compliant with Policy. relation to this site.
CS36 Archaeology and the Historic The site is recognised as being Further information (physical Not compliant with policy as the ES Environment archaeologically sensitive and the evidence) required to assess has not defined satisfactory assessment concludes that the whether proposed mitigation is mitigation measures for the Borrow borrow pit will have a major impact sufficient and appropriate, Pits on multi-period archaeological supported by illustrations showing remains. Targeted excavation is areas of intended mitigation types. proposed by way of mitigation.
CS37 Public Rights of Way Rights of way are not affected by No new rights of way are Compliant with Policy. this site. considered necessary within this site.
CS38 Sustainable Use of Soils The site is grade 2/3 agricultural It is accepted that the loss of high Compliant with policy on the land. A Soil Management Strategy grade agricultural land is assumption that the Soil has been prepared to mitigate unavoidable and that restoration of Management Strategy will be potential impacts on soil resources the whole site to agriculture is not applied. and ensure the sustainable viable. management of soil resources.
CS39 Water Resources and Water No significant drainage issues are Compliant with Policy. Pollution Prevention raised by this borrow pit and the matter is satisfactorily addressed.
CS40 Airport Safeguarding The site is within the safeguarding It is difficult to see how the This issue currently requires more zone for Cambridge Airport. It is combination of open water and detailed consideration. Some
proposed that the restoration landscaping will not provide some feedback from the safeguarding scheme will seek to minimise the attraction to birds. Consultation authority would be useful. attractiveness of the site for birds. needs to take place with the safeguarding authority to assess the level of any potential concerns.
CS41 Ancillary Development None identified Not an issue
Weybridge Farm, CS11 Sand and Gravel Borrow pits / The proposed borrow pit sits wholly Compliant with Policy. Alconbury / Highway SSP M2 Area of Search Allocations within the allocated site. Agency Borrow pit for Sand and Gravel Borrow pits No. 7 CS22 Climate Change The drainage scheme for the road It is disappointing that the borrow The site has the potential to make a scheme takes into account the pit proposals fail to recognise the positive contribution towards need to design for climate change. potential to contribute to climate resolving local flooding issues in change adaptation for the wider Brampton, via Ellington Brook. area in terms of providing surface water attenuation.
CS23 Sustainable Transport of The proposed borrow pit is The proposal accords with the Compliant with Policy. Minerals and Waste adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS25 Restoration and Aftercare of The application proposes Opportunities are somewhat Compliant with Policy. Mineral and Waste Management restoration to landscaped water limited on this site and the Sites areas, with some diversification of proposals are considered to be habitats. acceptable. A five year aftercare period is considered acceptable in this case.
CS32 Traffic and Highways The proposed borrow pit is The proposal accords with the Compliant with Policy. adjacent to the road scheme. policy in that it will minimise transport distance and traffic movements on local roads.
CS33 Protection of Landscape Changes to the landscape of the Subject to the consideration of a Compliant with Policy on the Character area will occur as a result of borrow detailed landscaping scheme, it is assumption that a detailed pit workings. Structural planting accepted that the borrow pits can landscaping scheme and five-year
will help to integrate this within the be satisfactorily assimilated into aftercare programme will be
wider landscape. the local landscape. agreed as proposed in the Landscape Assessment.
CS34 Protecting Surrounding Uses The noise assessment is not based There are several properties within Some further noise assessment on appropriate guidance (National proximity to the site. Ambient noise required. Planning Practice Guidance for levels are likely to be high due to Minerals). Dust mitigation would be existing traffic noise, but some achieved through the CoCP. check of potential noise impacts against guidance would be useful.
CS35 Biodiversity and Geodiversity There are no identified concerns in Compliant with Policy. relation to this policy.
CS36 Archaeology and the Historic No specific archaeological assets Further information (physical Not compliant with policy as the ES Environment have been identified within the evidence) required to assess has not defined satisfactory site, but the need for whether proposed mitigation is mitigation measures for the Borrow archaeological assessment is sufficient and appropriate, Pits. recognised. supported by illustrations showing areas of intended mitigation types.
CS37 Public Rights of Way No rights of way affected. The site is not suitably located to Compliant with Policy. merit consideration of providing public access.
CS38 Sustainable Use of Soils The site is grade 2 agricultural land, The loss of high grade agricultural Compliant with policy on the but will not be restored to land is considered acceptable on assumption that the Soil agriculture. this site, given the benefits of the Management Strategy will be scheme. applied.
CS39 Water Resources and Water No significant drainage issues are Compliant with Policy. Pollution Prevention raised by this borrow pit and the matter is satisfactorily addressed.
CS41 Ancillary Development None identified Not an issue
APPENDIX D
Matters in Relation to Individual Borrow Pits
Having regard to the general policy arguments set out in APPENDIX C, the County Council considers that the following weaknesses exist in relation to the proposals for individual borrow pits.
Borrow Pit 1: West of Brampton
Missed opportunity to provide flood attenuation to help resolving local issues. Ten-year aftercare scheme required to develop biodiversity after use. Creation of new rights of way required to facilitate recreational after use. Phased working and restoration scheme required. Noise impacts to be assessed in accordance with Minerals Planning Practice Guidance. Dust impact from storage areas requires further consideration. Further assessment required of potential impacts on Brampton Wood in terms of hydrogeology. Further consideration to be given to impact on bat populations on or using the site. Detailed archaeological assessment and mitigation scheme required.
Borrow Pit 2: South West of Brampton
Potential opportunity to provide flood attenuation in relation to ongoing development at RAF Brampton. Ten-year aftercare scheme required to develop biodiversity after use. Creation of new rights of way required to facilitate recreational after use. Phased working and restoration scheme required. Noise impacts to be assessed in accordance with Minerals Planning Practice Guidance. Dust impact from storage areas requires further consideration. Detailed archaeological assessment and mitigation scheme required.
Borrow Pit 3: Fenstanton
Missed opportunity to provide flood attenuation to help resolving local issues.
Ten-year aftercare scheme required to develop biodiversity after use. Phased working and restoration scheme required. Noise impacts to be assessed in accordance with Minerals Planning Practice Guidance. Further assessment required of potential impacts on Fenstanton Gravel Pits County Wildlife Site in terms of dust and hydrogeology. Detailed archaeological assessment and mitigation scheme required.
Borrow Pit 5: Boxworth (There is no borrow pit 4)
Detailed archaeological assessment and mitigation scheme required.
Borrow Pit 6: Dry Drayton
Missed opportunity to provide flood attenuation to help resolving local issues. Noise impacts to be assessed in accordance with Minerals Planning Practice Guidance. Detailed archaeological assessment and mitigation scheme required. Assurances required in respect to potential for birdstrike resulting from restoration scheme.
Borrow Pit 7: Alconbury
Missed opportunity to provide flood attenuation to help resolving local issues. Noise impacts to be assessed in accordance with Minerals Planning Practice Guidance. Detailed archaeological assessment and mitigation scheme required.
APPENDIX E
Summary of most relevant policies and their applicability to borrow pits
Summary of most relevant Core Strategy (CS) and Site Specific Proposals Plan (SSP) Policies
( for definitive wording and all policies see respective adopted Plans)
CS11 Sand and Gravel Borrow pits
An overarching policy applying to all sand and gravel borrow pits. It sets out criteria relating to:
a) borrow pit location;
b) not prejudicing the steady supply of material from existing quarries;
c) related mineral traffic movements;
d) satisfactory restoration to an approved scheme (including if the site is only partially worked);
e) no importation of materials from outside the scheme;
f) not serving the wider market;
g) mitigation measures for environmental impacts.
With priority being given to maximising use of secondary / recycled aggregates to minimise the use of virgin aggregate.
CS12 Engineering Clay
Where there is a demonstrated need for engineering clay priority will be given to extracting from existing sites, except that borrow pits for the A14 scheme will be allocated through the SSP. Criteria relating to borrow pits apply and relate to: a) borrow pit location; b) related mineral traffic movements; c) satisfactory restoration to an approved scheme (including if the site is only partially worked); d) no importation of materials from outside the scheme; e) not serving the wider market; f) mitigation measures for environmental impacts.
CS13 Additional Mineral Extraction
Additional mineral extraction, lying beyond the scope of the minerals spatial strategy will not be permitted unless it can be demonstrated that there are overriding benefit.
CS22 Climate Change
Requires all mineral and waste management development to take account of climate change for the lifetime of the development. Criteria set out how this will be achieved and proposals are required to demonstrate how this will be achieved.
In the case of mineral workings restoration schemes will contribute to addressing climate change adaptation e.g. through flood water storage and biodiversity proposals which create habitats which acts as wildlife corridor and living carbon sinks.
CS25 Restoration and Aftercare of Mineral and Waste Management Sites
Sites must be restored in a phased manner to a beneficial afteruse. Restoration will be considered on a site by site basis but requirements apply: a) restoration must reflect strategic and local objectives for countryside enhancement and green infrastructure
c) where restoration can assist in achieving the creation of priority habitats and / or Biodiversity Action Plan targets it must do so d) important geological faces must be exposed with access e) restoration back to an agricultural afteruse may be appropriate where there is high grade land f) where a site is suitable for amenity uses (informal and formal, sport, navigation, recreation uses) this must be incorporated in the restoration scheme
An extended period of aftercare will be sought where this is warranted.
CS32 Traffic and Highways
Development will only be permitted where: a) it is demonstrated alternative methods of transport have been evaluated and pursued where practicable b) access and the highway network are suitable or could be made suitable to accommodate any increase in traffic / nature of traffic involved c) any increase in traffic will not cause unacceptable harm to the environment; to road safety; or residential amenity.
CS33 Protection of Landscape Character
Development will only be permitted where it can be demonstrated it can be assimilated into its surroundings.
CS34 Protecting Surrounding Uses
Development will only be permitted where it can be demonstrated there would be no significant harm to the environment, human health or safety, proposed neighbouring land uses, visual intrusion, residential or other amenity. Mitigation measures will be required including appropriate buffers zones between the development and neighbouring existing / proposed sensitive uses.
CS35 Biodiversity and Geodiversity
Development will only be permitted where it has been demonstrated that there will be no likely significant adverse impact on sites of local nature conservation or geological interest, or nay landscape feature which is of principal importance to wild flora or fauna. Where it can be shown there are overriding benefits development may be permitted subject to mitigation / compensation measures. Proposals for new habitat must have regard to the Cambridgeshire and Peterborough Biodiversity Action Plan and related habitats and species plans.
CS36 Archaeology and Historic Environment
Development will not be permitted where there is an adverse effected on a designated heritage asset, historic landscape or other heritage asset of national importance and / or its setting or where there is a significant adverse impact on a site of local architectural, archaeological or historic importance. Development may be permitted where satisfactory mitigation measures have been defined after conservation of results of prior evaluation.
CS37 Public Rights of Way
Development which would adversely affect the permanent use of pubic rights of way will only be permitted if alternative routes are provided, which must where practicable be of equivalent interest, convenience, quality and interest. Proposals must make provision for enhancement of public rights of way where practicable with a view to providing new routes and links between existing routes. Priority should be given to objectives in the Councils Rights of Way Improvement Plan.
CS38 Sustainable Use of Soils
Development which affects the best and most versatile agricultural land will only be permitted where it can be shown there is a need for the development and an absence of alternative lower grade land; it incorporates proposals for the sustainable use of soils; restoration positively contributes to the long term conservation of soils.
CS39 Water Resources and Water Pollution Prevention
Development will only be permitted where it is demonstrated that there would be no significant adverse impact or risk to the quality and quantity of surface or ground water; of water abstraction rates; the flow of groundwater at or in the vicinity of the site. All proposals must incorporate adequate water pollution control and monitoring measures.
CS40 Airport Safeguarding
Development within safeguarding areas of airport and aerodromes will only be permitted where it can be demonstrated the development, operations and restoration will not constitute a significant hazard to air traffic. A Bird Management Plan may be required.
CS41 Ancillary Development
Ancillary development will be considered against policies and criteria in the development plan. If permitted it will be linked to the life of the existing operations. Permanent retention of facilities may be permitted where it meets criteria relating to its need for health and safety / pollution control; is not detrimental to its surrounding; and is not contrary to policy.
APPENDIX F
Draft Asset Protection Agreement for Cambridgeshire Guided Busway
ASSET PROTECTION AGREEMENT
THIS AGREEMENT is made the day of 2010
BETWEEN
(1) CAMBRIDGESHIRE COUNTY COUNCIL of Shire Hall, Castle Hill, Cambridge, CB3 0AP ( the Council );
(2) THE SECRETARY OF STATE FOR TRANSPORT ( the Secretary of State ) of Great Minster House, 76 Marsham Street, London SW1P 4DR.
WHEREAS
(A) The Secretary of State wishes to undertake the Works;
(B) The Council is concerned about the effect of the Works on the CGB in the vicinity of the Impington Road Bridge over the CGB;
(C) Ownership of the Impington Road Bridge is vested in the Secretary of State;
(D) The Council is prepared to permit the Secretary of State to undertake the Works subject to the terms and conditions of this Agreement; and
(E) The Secretary of State and the Council have agreed upon the measures contained in this Agreement for the protection of the CGB and in settlement of its outstanding concerns.
NOW IT IS HEREBY AGREED:
1 Definitions and Interpretations
1.1 In this Agreement unless the context requires otherwise the following words and expressions have the following meanings:
Access Charge any charge which the Bus Operators are contractually obliged to pay to the Council in return for access to the whole or any part of the CGB for the purpose of providing services for hire or reward for the carriage of members of the public;
Bridge The Impington Road Bridge for the purposes of identification delineated coloured [ ] on the plan appended to this Agreement at Schedule 6;
Bus Operators the bus operators who have entered into an agreement with the Council to have access to the CGB subject to compliance with certain conditions, including payment of the Access Charge;
CDM Regulations the Construction (Design and Management) Regulations 2007 or any remaking thereof or amendment to those regulations;
6490631.07
CGB means the Cambridgeshire Guided Busway, being a guided busway running between St. Ives to Milton Road, Cambridge and to Kings Hedges Road, Cambridge and from Cambridge Railway Station to the Trumpington Park & Ride site and to Addenbrooke’s Hospital, all as authorised to be constructed by the Cambridgeshire Guided Busway Order 2005 (SI 2005/3523), and of which the Council is operator, including any station, land, works, apparatus and equipment belonging to the Council or connected with the guided busway and any easement or other property interest held by the Council or used by it for the benefit of the guided busway;
CGB Land The land forming part of the CGB coloured [blue] on the plan appended to this Agreement at Schedule 6;
Collateral the warranties from the Contractors in favour of the Council in Warranties the form set out in Schedule 5;
Competent any local, national or supra-national agency, authority, Authority department, inspectorate, minister, ministry, official, court, tribunal or public or statutory person (whether autonomous or not), whether of the United Kingdom or of the European Union, which has, in respect of this Agreement, jurisdiction over any of the parties to, or the subject matter of, this Agreement, other than any court, tribunal or arbitral body exercising its powers in any reference made to it pursuant to or arising out of any access contract or any act or omission or fact, matter or thing associated with any such contract or the relationship created or evidenced by it;
Completion of the that the Works have been completed in accordance with the Works accepted drawings, agreed specification and design and the Council has certified to the Secretary of State to that effect;
Confidential means: Information (a) all documents, materials and other information (whether technical or commercial) of a confidential nature relating to the affairs of one party to this Agreement which has been provided by any such person to another party under, or for the purposes of, this Agreement; and
(b) any matter or thing contemplated by this Agreement or to which this Agreement relates, the disclosure of which is likely materially to compromise or otherwise prejudice the commercial interests of any such person,
and includes any such part of this Agreement;
Contractors any person or company to whom a contract for any part or all of the Works is let and whether such entity is engaged by the
2 6490631.07
Secretary of State directly or as a sub-contractor or sub- consultant to any entity engaged directly by the Secretary of State;
Council Consents the consents and/or approvals required from the Council for the purpose of the Works as set out in Schedule 4 Part 1;
Council Issue: (a) a risk to the health and safety of any person(s)of risk of damage to any property;
(b) a disruption to, or a substantial risk of a disruption to, any scheduled service arising (whether directly or indirectly) as a result of any unforeseen circumstance or event affecting the CGB;
(c) a Legal Requirement, regulatory requirement or requirement relating to the operation of CGB;
(d) a Direction of a Competent Authority; or
(e) a contractual commitment of the Council existing on or prior to the date of this Agreement;
Council’s Fees the aggregate of the Personnel Costs, Consultants’ Costs, Agency Costs and Expenses and Disbursements payable to the Council by the Secretary of State in accordance with Clauses 10, 11 and Schedule 2;
Direction any direction, requirement, instruction or rule legally binding on any of the parties, and includes any modification, extension or replacement of any such direction, requirement, instruction or rule for the time being in force but shall not include the exercise of a discretion under any contract or other obligation binding on the party in question or the enforcement of any such contract or obligation;
Guidance for the Council’s Guidance for Developers set out at Schedule 8 Developers and as may be updated from time to time;
Legal any of the following: Requirement
(a) any enactment to the extent that it applies to that party;
(b) any regulation made by a Competent Authority to the extent that it applies to that party or a decision taken by a Competent Authority which is binding on that party to the extent that it is so binding; and
(c) any interpretation of law, or finding, contained in any judgment given by a court or tribunal of competent
6490631.07 3
jurisdiction in respect of which the period for making an appeal has expired which requires any legal requirement falling within paragraphs (a) or (b) above to have effect in a way which is different to that in which it previously had effect;
Material Breach an act or omission by the Council constituting a breach by the Council of the obligations on its part under this Agreement, which act or omission:
(a) results in the Secretary of State suffering a material loss; and
(b) is taken or omitted by the Council with intentional or reckless disregard for such obligations;
Necessary all approvals, permissions, consents, licences, certificates, Consents registrations and authorisations (whether statutory or otherwise) which are required from time to time for the purposes of carrying out the Works whether required in order to comply with any legal requirement or as a result of any rights of any third party, other than the Council Consents;
Operations Policy the Council’s Operations Policy set out at Schedule 9 and as may be updated from time to time;
Period each consecutive period of 28 calendar days during the term of this Agreement commencing at midnight on 1 April in each year, provided that the length of the first and last such period in any year may be varied by up to 7 calendar days on reasonable prior notice from the Council to the Secretary of State;
Plans includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes, and details of the extent, timing and duration of occupation of any land in which the Council has an interest;
Possession planned safety arrangements which control or prevent the normal movement of traffic on the CGB between defined locations and for a pre-defined period to allow the Works to be carried out;
Required Land The land subject to this Agreement as shown outlined in red on the plan appended to this Agreement at Schedule 6 and including the CGB Land;
Variation the material alteration or modification of the design, quality or quantity of the Works including:
4 6490631.07
(a) the addition, omission or substitution of any work; or
(b) the alteration of the kind or standard of any of the materials or goods to be used in the Works;
Working Day any weekday (other than a Saturday or Sunday) when banks are open for business in England;
Works the A14 Trunk Road improvement works, so far as those works are situated upon, across, or near the CGB or may in any way adversely affect the CGB, as summarised in Schedule 1;
Works the date upon which the construction of the Works is Commencement commenced following satisfaction of the conditions noted in Date Clause 5.4.1
Works the programme for the carrying out and Completion of the Programme Works to be approved by the Council in accordance with this Agreement.
1.2 In this Agreement, unless the context otherwise requires:
1.2.1 references to this Agreement include the schedules attached to this document;
1.2.2 the singular includes the plural and vice versa;
1.2.3 any one gender includes the others;
1.2.4 clause, sub clause and paragraph headings are for convenience of reference only and do not form part of, and shall neither affect nor be used in the construction of, this Agreement;
1.2.5 reference to a statute, bye law, regulation, rule, standard, delegated legislation or order is to that statute, bye law, regulation, rule, standard, delegated legislation or order as amended, modified or replaced from time to time and to any bye law, regulation, rule, standard, delegated legislation or order made thereunder;
1.2.6 reference to a recital, clause or Schedule is to a recital, clause or Schedule of or to this Agreement, and references to a part of a Schedule is to a part of the Schedule in which the reference appears;
1.2.7 where a word or expression is defined, cognate words and expressions shall be construed accordingly;
1.2.8 references to the word person or persons or to words importing persons include individuals, firms, corporations, government agencies, committees, departments, authorities and other bodies, incorporated or unincorporated, whether having separate legal personality or not;
6490631.07 5
1.2.9 the words other and otherwise shall not be construed ejusdem generis with any foregoing words where a wider construction is possible;
1.2.10 the words include, including and in particular shall be construed as being by way of illustration or emphasis and shall not limit or prejudice the generality of any foregoing words; and
1.2.11 references to amounts or sums being indexed from the date of this Agreement by reference to RPIX are references to amounts or sums which are to be adjusted to reflect the effects of inflation after the date of this Agreement as measured by changes in the Retail Price Index from the level published at the date of this Agreement. At any time, such an amount or sum as so advised or as to be adjusted shall be calculated by applying the following formula:
Rn = R (Base Date) x RPIXn RPIX (Base Date)
where:
• Rn = the adjusted amount or sum pertaining in month n;
• R(Base Date) = the relevant amount or sum expressed in prices at the date of the Agreement;
• RPIXn = the RPIX figure for month n;
• RPIX (Base Date) = the RPIX figure at the date of the Agreement.
1.2.12 Unless expressly stated to the contrary, any reference in this Agreement to the right of consent, approval or agreement shall be construed such that consent, approval or agreements shall not be unreasonably delayed or withheld. The Secretary of State and the Council acknowledge that:
1.2.12.1 Nothing in this Agreement shall require the Council to take any step, or give or procure the giving of any consent or approval which would be contrary to the protection, safety and efficient operation of the CGB and the safety of persons or property on or near the CGB; and
1.2.12.2 notwithstanding any other provision of this Agreement, in performing its obligations and exercising its rights under this Agreement the Council shall retain sole discretion in relation measured intended to prevent, address, alleviate or comply (as applicable) with a Council Issue.
6 6490631.07
2 Access to the Required Land
2.1 Subject to Clause 2.2, the Secretary of State shall not exercise any power to gain access to any land belonging to the Council for or in connection with the Works prior to the Works Commencement Date.
2.2 The Council shall provide the Secretary of State, its agents and employees with access to the Required Land so far as it is reasonably able to do so before the Works Commencement Date (at times to be agreed in advance with the Council) solely for the purpose of—
2.2.1 carrying out site surveys relating to the Works;
2.2.2 carrying out any protective or enabling works referred to in Clause 9.1; and
2.2.3 storing plant, equipment or materials on those areas within the Required Land notified to the Council by the Secretary of State in writing prior to the date of this Agreement (as may be varied by the Council in its absolute discretion from time to time);
Provided that—
2.2.4 the Secretary of State shall take such security measures as the Council considers reasonably necessary to prevent such protective or enabling works or plant, equipment or materials relating thereto being used to vandalise the CGB;
2.2.5 the Secretary of State shall obtain the Council’s prior written approval to the nature and quantity of plant, equipment and materials stored and the storage of such plant, equipment and materials shall be at the sole risk of the Secretary of State;
2.2.6 the Council shall have no liability to the Secretary of State whether under this Agreement, in tort or howsoever arising in respect of any damage, theft or vandalism of such stored plant, equipment or materials or the protective or enabling works;
2.2.7 such access is in accordance with the Guidance for Developers, Operations Policy and any other conditions imposed by the Council which it considers necessary to prevent, address, alleviate or comply (as applicable) with a Council Issue; and
2.2.8 in carrying out any such enabling or protective works or in loading and unloading materials in connection with the storage of the same pursuant to this Clause 2.2, the Secretary of State shall at all times comply with the obligations on its part in Clause 5.4.1.17.
2.3 The Council shall from the Works Commencement Date until the Completion of the Works or the date of abandonment of the Works or the termination of this Agreement pursuant to Clause 6 provide access to the Required Land to the Secretary of State, its
6490631.07 7
agents and employees as necessary for the purpose of carrying out the Works, subject to:
2.3.1 prior arrangements being made with the Council (the Council’s approval of such arrangement not to be unreasonably withheld or delayed);
2.3.2 such access being in accordance with the Guidance for Developers and Operations Policy and any other conditions imposed by the Council which it may consider necessary to prevent, address, alleviate or comply (as applicable) with a Council Issue; and
2.3.3 the Secretary of State, in the exercise of Works, maintaining pedestrian or vehicular access to any Required Land, unless preventing such access is with the consent of the Council.
2.4 The Council shall at all times have unlimited access to the Required Land for the purpose of supervising and monitoring the Works (in respect of the protection, safety and efficient operation of the CGB and the safety of persons on or near the CGB) or as it may consider necessary to prevent, address, alleviate or comply (as applicable) with a Council Issue.
3 Ownership of the Works
3.1 The Council and the Secretary of State agree that—
3.1.1 the legal and beneficial title in the CGB Land shall remain vested in the Council and the Secretary of State shall not acquire new rights over any CGB Land except with the consent of the Council;
3.1.2 the legal and beneficial title in the Works and the Bridge shall remain vested in the Secretary of State.
4 Duties of the Council in respect of the Works, Certification and Safety of the CGB
4.1 Provision of information
4.1.1 The Council shall, at the cost of the Secretary of State, using reasonable skill and care supply and make available to the Secretary of State, within a reasonable time, data and information which it can reasonably supply (except for data and information which is confidential or commercially sensitive or already in the public domain) which the Secretary of State reasonably requires to carry out the Works, provided that—
4.1.1.1 the Secretary of State requests such data and information in writing a reasonable time before it is required;
4.1.1.2 the Secretary of State provides the Council promptly with all documentation and assistance which the Council may
8 6490631.07
reasonably require in order to enable the Council to fulfil its obligations;
4.1.1.3 the Council does not warrant the accuracy or sufficiency of data and information provided to the Secretary of State; and
4.1.1.4 the Secretary of State shall be responsible for verifying the accuracy and assessing the sufficiency of all data and information provided.
4.2 Provision of services
4.2.1 The Council shall at the cost of the Secretary of State use its reasonable endeavours to provide the following services to the Secretary of State:
4.2.1.1 Administration and management of internal Council procedures to facilitate the granting of the Council Consents, including consideration of those documents to be submitted by the Secretary of State under the Guidance for Developers and Operations Policy;
4.2.1.2 The services of the Council project manager as a point of contact between the Secretary of State and the Council, and to support and provide guidance to the Secretary of State during the Works;
4.2.1.3 Provision of such staff as may be provided by Council under the Guidance for Developers and Operations Policy;
4.2.1.4 Safety inspections for the duration of the period of construction of the Works as notified to the Council by the Secretary of State to ensure the safety and operation of the CGB; and
4.2.1.5 Provision of staff to carry out site management activities on the Required Land as and when reasonably required.
provided that the Council shall have no liability to the Secretary of State under or by reason of any breach of this Agreement, in tort or otherwise howsoever arising in connection with any reallocation by the Council of its resources from performing these services if the Council considers it necessary to prevent, address, alleviate or comply (as applicable) with a Council Issue.
4.3 Granting consents
4.3.1 The Council shall, at the cost of the Secretary of State, in its capacity as the owner of the CGB, act in good faith and in accordance with its duties and obligations in considering the Secretary of State’s applications for the Council Consents and shall use its reasonable endeavours to obtain or issue (as appropriate) the Council Consents as soon as reasonably
6490631.07 9
practicable and liaise with the relevant third party to ensure, so far as practicable, that the Council Consents are granted on reasonable terms, provided that—
4.3.1.1 the Council shall have no liability if any of the Council Consents are not granted or are the subject of delay in being granted and for the terms upon which the Council Consents may be granted;
4.3.1.2 the Council’s fulfilment of its obligations shall be conditional upon the Secretary of State providing the Council promptly with all documentation and assistance which the Council may require in order to enable it to fulfil its obligations;
4.3.1.3 in the event the Council becomes aware of any matter which will prevent or impede the Council from performing the obligations on its part in this Agreement or prevent or impede the Secretary of State from carrying out the Works it shall notify the Secretary of State in writing provided that there shall be no obligation on the part of the Council to investigate the existence of any such matters; and
4.3.1.4 the Council shall use its reasonable endeavours to procure the availability of supervisory personnel and other assistance necessary to allow the Secretary of State to undertake the Works and all such safety personnel shall be appropriately certified to discharge the safety and supervisory roles required by the Guidance for Developers and Operations Policy in respect of the protection, safety and efficient operation of the CGB and the safety of persons on or near the CGB.
4.4 Completion of the Works
4.4.1 The Council shall, at the Secretary of State’s cost, following receipt of a notification from the Secretary of State pursuant to Clause 5.4.1.11 and provided that the Council is satisfied that the Works comply in all respects with this Agreement, the Guidance for Developers and Operations Policy, confirm its satisfaction in writing.
4.4.2 In the event the Council considers that the whole or part of the Works do not comply in all respect with this Agreement, the Guidance for Developers and Operations Policy it shall notify the Secretary of State in writing together with full details of its opinion why it considers it does not comply.
4.4.3 If the whole or part of the Works fails to comply in all respects with this Agreement, the Guidance for Developers and Operations Policy, the Secretary of State shall, at its own cost, carry out such remedial work of construction or design as may be required so that they do so comply whereupon the Council may require the Secretary of State to carry out or
10 6490631.07
repeat any demonstrations or tests for the whole of the Works and (in the case of failure of part of the Works) irrespective of whether the same may have already been successfully carried out in respect of other parts of the Works.
5 Duties of the Secretary of State in respect of the Works
5.1 General
5.1.1 The Secretary of State shall be responsible for designing and carrying out and completing the Works and shall—
5.1.1.1 exercise all reasonable skill, care and diligence to be expected of a prudent and competent person experienced and skilled in works of a similar size, scope and complexity as the Works;
5.1.1.2 design and carry out the Works in accordance with the Guidance for Developers and Operations Policy (or such derogations from it as the Council may approve or consent to in writing and by expressly referring to it being aware that its approval or consent to the matter in question constitutes a derogation from the Guidance for Developers and Operations Policy) and such other conditions as the Council may in its opinion consider necessary to prevent, address, alleviate or comply (as applicable) with a Council Issue;
5.1.1.3 carry out the Works under the supervision and to the satisfaction of the Council in respect of the protection, safety and efficient operation of the CGB and the safety of persons on or near the CGB;
5.1.1.4 superintend the Works and cause the Works to be completed with all reasonable dispatch and in any event by [ ] from the date of this Agreement subject to such date being extended by any period of delay caused by any act or omission of the Council; and
5.1.1.5 act in accordance with and take account of the statutory requirements and mandatory standards applicable to the CGB from time to time.
5.2 Design of the Works
5.2.1 The Secretary of State shall be responsible for designing the Works at its own risk and cost and shall—
5.2.1.1 appoint a CDM Co-ordinator (as defined in the CDM Regulations) for the Works;
6490631.07 11
5.2.1.2 design the Works in compliance with all relevant current design codes and standards in relation to the operation of the CGB including, without limitation, any such design codes prescribed by the Council, including in the Guidance for Developers and Operations Policy;
5.2.1.3 design the Works in conformity with those requirements notified by the Council to the Secretary of State in writing including, without limitation, those relating to the efficiency, whole life cost and safety of the Works and the CGB (including having regard to the CGB’s signalling arrangements and the prevention of any adverse effects which may be caused by lights on vehicles using roads located close to, or comprising, the Works) and those necessary to ensure that routine maintenance and examination of the Works and the neighbouring part of the CGB can be carried out without the need for restrictions to the CGB so far as reasonably practicable and such other conditions as the Council may impose for the protection and safety of the CGB;
5.2.1.4 design the Works to enable construction of the Works in a manner which minimises disruption to the CGB;
5.2.1.5 plan and execute the design of the Works so that the Works may be carried out in accordance with the requirements of any consents, permissions, orders and approvals obtained in respect of the Works;
5.2.1.6 prepare an approval in principle submission and submit it to the Council as regards that which it considers necessary to prevent, address, alleviate or comply (as applicable) with a Council Issue and subsequently, if required by the Council, amend the design criteria for the Works to take account of any such comments made by the Council on the approval in principle submission and submit further approval in principle submissions to the Council;
5.2.1.7 prepare at the appropriate times within the design and construction processes all the documentation required to enable the Council to make any submissions required in accordance with any relevant regulatory requirements and, when necessary, modify the design or construction processes in order for approval to be obtained and provide the Council with a copy of all such relevant documents so prepared; and
5.2.1.8 subject to Clause 17, provide the Council promptly with all documentation within the possession or control of the Secretary of State and assistance which the Council may reasonably require in order to enable the Council to fulfil its obligations pursuant to Clause 4.
12 6490631.07
5.3 Plan approval and protective works
5.3.1 The Secretary of State shall before commencing construction of any Works supply to the Council proper and sufficient Plans for the reasonable approval of the Council and the Works shall not be commenced except in accordance with such Plans as have been approved in writing by the Council or settled by arbitration.
5.3.2 If by the end of the period of 56 days beginning with the date on which the Plans have been supplied to the Council, the Council gives notice to the Secretary of State that the Council desires itself to construct any part of the Works which in the opinion of the Council will or may affect the CGB or the safe operation of traffic on the CGB then, if the Secretary of State desires such part of the Works to be constructed, the Council shall—
5.3.2.1 construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the Secretary of State in accordance with the Plans approved or deemed to be approved or settled under this Clause 5.3, and
5.3.2.2 afford reasonable facilities to the Secretary of State and its agents for access to those works during their construction and shall supply the Secretary of State with such information as it may reasonably require with regard to such works or the method of constructing them.
5.3.3 When signifying approval of the Plans the Council may specify any protective works (whether temporary or permanent) which in the Council’s opinion should be carried out before the commencement of the construction of the Works to ensure the safety of the CGB or the continuation of safe and efficient operation of the CGB or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by the Works and the comfort and safety of passengers who may be affected by the Works), and such protective works as may be reasonably necessary for those purposes shall be constructed by the Council but at the expense of the Secretary of State, or if the Council so desires such protective works shall be carried out by the Secretary of State at its own expense with all reasonable dispatch and the Secretary of State shall not commence the construction of the Works until the Council has notified the Secretary of State that the protective works have been completed to the Council’s reasonable satisfaction.
5.3.4 Any Works and any protective works to be constructed by virtue of Clause 5.3.3 shall, when commenced, be constructed—
5.3.4.1 with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under Clause 5.3.1;
6490631.07 13
5.3.4.2 under the supervision (where appropriate and if given) and to the reasonable satisfaction of the Council;
5.3.4.3 in such manner as to cause as little damage as is possible to the CGB; and
5.3.4.4 so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of the CGB or the traffic on it and the use by passengers of the CGB.
5.3.5 If any damage to the CGB or any such interference or obstruction shall be caused by the carrying out of or in consequence of the construction of the Works, the Secretary of State shall (regardless of any such approval) make good such damage and shall pay to the Council all reasonable expenses to which the Council may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.
5.3.6 Nothing in this Clause 5.3 shall impose any liability on the Secretary of State with respect to any damage, costs, expenses or loss attributable to the negligence of the Council or its servants, contractors or agents or any liability on the Council with respect to any damage, costs, expenses or loss attributable to the negligence of the Secretary of State or its servants, contractors or agents.
5.3.7 If any protective works are reasonably necessary during the construction of the Works, or during a period of 12 months after the Completion of the Works in consequence of the construction of the Works, such protective works may be carried out by the Council and if the Council gives to the Secretary of State reasonable notice of its intention to carry out such protective works, the Secretary of State shall pay to the Council the reasonable cost of carrying out those protective works including, in respect of any protective works as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the Council in maintaining, working and, when necessary, renewing those works.
5.3.8 If during the construction of the Works by the Secretary of State, the Council gives notice to the Secretary of State that the Council desires itself to construct a part of the Works which, in the opinion of the Council’s engineer is endangering the CGB then, if the Secretary of State desires that part of the specified work to be constructed, the Council shall assume construction of that part of the Works and the Secretary of State shall pay to the Council all reasonable expenses to which the Council may be put and compensation for any loss which it may suffer by reason of the execution by the Council of that part of the Works.
5.3.9 If the cost of maintaining, working or renewing CGB is reduced in consequence of any protective works carried out under this Clause 5.3, a capitalised sum representing such saving shall be set off against any sum payable by the Secretary of State to the Council under this Clause.
14 6490631.07
5.4 Construction of the Works
5.4.1 The Secretary of State shall not commence construction of the Works prior to—
(a) the date upon which such of the Necessary Consents and the Council Consents which are required as a pre-condition to commencing construction of the Works have been obtained; and
(b) the date of completion of any works required to be carried out by the Secretary of State pursuant to Clause 9.1 prior to commencing the Works
and shall be responsible for construction of the Works which shall be at its own risk and cost and shall—
5.4.1.1 obtain the Council’s prior written approval to the Works Programme and method statement for the carrying out and Completion of the Works and the movement of materials, plant and equipment on or near the CGB (not to be unreasonably withheld or delayed save that the Council’s decision shall be final where its approval is withheld in order to prevent, address, alleviate or comply (as applicable) with a Council Issue);
5.4.1.2 take all steps to ensure that the Works are carried out to minimise disruption to the CGB and any third party using or with an interest in or a right over any part of the CGB or any other land and buildings affected by the Works;
5.4.1.3 meet as necessary with the Council during the design and construction of the Works and before commencing construction obtain the Council’s prior written approval for any parts of the Works which, in the opinion of the Council, may cause, exacerbate or be inconsistent with (as applicable) a Council Issue;
5.4.1.4 immediately take all action required by the Council or, if the Council considers it necessary, suspend work if the Council notifies the Secretary of State that it considers that any act or omission of the Secretary of State or its Contractors has or could cause, exacerbate or be inconsistent (as applicable) with a Council Issue;
5.4.1.5 carry out the Works in accordance with the plans approved by the Council under Clause 5.3;
5.4.1.6 arrange with the appropriate third party for any necessary temporary or permanent diversion of any sewers, pipes, cables or other media and/or relocation to a suitable environment of
6490631.07 15
any flora and fauna that is subject to conservation which may be affected by the Works;
5.4.1.7 provide for such barriers, watching and lighting of the Works as may be necessary during the carrying out of the Works, and comply with the requirements of the Council with regard to the CGB’s signalling arrangements and the prevention of any adverse effects which may be caused by the lighting of the Works;
5.4.1.8 obtain the prior written approval of the Council to any Variations to the Works;
5.4.1.9 in constructing the Works comply with the Guidance for Developers and Operations Policy and such other conditions as the Council may impose to prevent, address, alleviate or comply with (as applicable) a Council Issue;
5.4.1.10 to the extent that the Council considers appropriate, during the carrying out of the Works at its own cost and to the satisfaction of the Council temporarily erect fencing to protect the Required Land from trespass and vandalism and, on Completion of the Works and if required by the Council, appropriate permanent fencing of a type approved by the Council (such approval not to be unreasonably withheld or delayed) shall be erected by and at the cost of the Secretary of State;
5.4.1.11 notify the Council in writing when the Secretary of State considers that the Works have been completed in accordance with the agreed drawings, specification and design in order to enable the Council to confirm its satisfaction in writing pursuant to Clause 4.4.1 and attend any attend inspections, demonstrations or testing of the Works by or on behalf of the Secretary of State;
5.4.1.12 not bring into use the Works until the Council has confirmed its satisfaction in writing pursuant to Clause 4.4.1;
5.4.1.13 take such action as the Council may reasonably require to remedy any deficiencies and defects in the Works identified by the Council;
5.4.1.14 provide the Council with such information at such times and in such format as the Council reasonably requires about the Works;
5.4.1.15 allow the Council unlimited access to the site of the Works for audit, inspection and (in respect of the protection, safety and efficient operation of the CGB and the safety of persons on or near the CGB) supervision purposes, and supply the Council
16 6490631.07
with all such information as it may reasonably require for the purposes of such audit, inspection and supervision;
5.4.1.16 procure that all materials and goods used in the Works shall be of good quality, suitable for their purpose, and not generally known in the highway industry to be deleterious at the time of incorporation;
5.4.1.17 establish and maintain a robust procedure to ensure safe access for all personnel to the CGB in connection with the Works;
5.4.1.18 preserve at all times existing means of evacuation from the CGB and existing points of emergency access to and egress from the CGB;
5.4.1.19 from time to time submit in writing for the Council’s approval (such approval not to be unreasonably withheld or delayed) all its proposals for the provision of supervisory personnel; and
5.4.1.20 prior to commencing construction of the Works obtain all Necessary Consents required for the carrying out of the Works and forward copies of all such approvals to the Council;
5.4.1.21 prior to commencing construction of the Works, notify the Bus Operators of the proposed closure of the CGB in accordance with the Possessions obtained under Clause 12 and forward copies of all such approvals to the Council.
5.5 The CDM Regulations
5.5.1 For the purposes of the Works under the CDM Regulations, the Secretary of State is the sole client in respect of the Works and shall fulfil all the roles and duties of such including making the necessary declaration to the Health and Safety Executive under Regulation 4 of the CDM Regulations.
5.5.2 After consulting with the Council and considering the requirements set out in the Guidance for Developers and Operations Policy, the Secretary of State shall prepare the pre-tender construction information for the Works, in so far as they are notifiable in accordance with the CDM Regulations, and submit it and a copy of the construction phase plan (as defined in the CDM regulations) to the Council. The Council may provide comments to the Secretary of State on the elements of the information which relate to works in the CGB environment. The Secretary of State shall amend the Health and Safety Plan to take account of any comments made by the Council on the Health and Safety Plan and submit further Health and Safety Plans to the Council as necessary.
5.5.3 Within three months of completion of the Works the Secretary of State shall provide, for record purposes and free of cost to the Council a copy of the Health and Safety File as defined in the CDM Regulations.
6490631.07 17
5.5.4 The Secretary of State shall indemnify the Council against all costs, claims, loss, damages, expenses, liabilities or proceedings of whatever kind and howsoever arising from or in connection with (whether directly or indirectly) a third party alleging a breach of the CDM Regulations in respect of the Works.
6 Termination
6.1 Council Termination Events
6.1.1 In this Clause a Council Termination Event means any of the following:
6.1.1.1 the Secretary of State is in breach of the obligations on its part in this Agreement;
6.1.1.2 failure by the Secretary of State to obtain any approval or consent required from the Council under the terms of this Agreement save where such approval or consent is expressed not to be unreasonably withheld or delayed and is so withheld or delayed by the Council;
6.1.1.3 failure by the Secretary of State to comply with its obligations in Clause 17 to effect and maintain or procure that the Contractors effect and maintain (as applicable) the insurances referred to in Clause 17;
6.1.1.4 failure by the Secretary of State to commence construction of the Works within twelve months from Works Commencement Date;
6.1.1.5 abandonment of the whole or any part of the Works by the Secretary of State at any time after commencement of the carrying out of the Works; or
6.1.1.6 the Secretary of State fails to pay the Council any sum payable to it under this Agreement (save in relation to a disputed payment in respect of which a notice of intention to withhold payment has been given pursuant to Clause 11.1.2.).
6.1.2 In the event of a Council Termination Event, the Council may inform the Secretary of State by notice ( First Notice ) providing full details of the Council Termination Event. If within 20 Working Days of receipt of the First Notice (a Grace Period ) the Secretary of State does not take satisfactory steps to rectify the Council Termination Event, the Council may by a further notice (the Second Notice ) terminate this Agreement, provided that—
6.1.2.1 the Second Notice must be given at any time after the expiry of the Grace Period but without prejudice to the Secretary of
18 6490631.07
State’s right to contest the correctness or otherwise of the alleged Council Termination Event; and
6.1.2.2 any termination pursuant to the Second Notice shall become effective on a date to be specified therein, not being more than 20 Working Days after the date of service of the Second Notice.
6.1.3 In the event the Council Termination Event is not (in the reasonable opinion of the Council) capable of being rectified the Council shall in the First Notice terminate this Agreement without being required to serve a Second Notice provided that the First Notice shall in such case state that the termination is being made without any further notice being served.
6.1.4 [In the event the Secretary of State becomes Insolvent, the Council may give 5 Working Days notice to the Secretary of State to terminate this Agreement.]
6.2 Secretary of State Termination Event
6.2.1 In this Clause a Secretary of State Termination Event means the Council commits an act of Material Breach.
6.2.2 In the event of a Secretary of State Termination Event, the Secretary of State may inform the Council by notice ( First Notice ) providing full details of the Secretary of State Termination Event. If within 30 Working Days of receipt of the First Notice (a Grace Period ) the Council does not take satisfactory steps to rectify the Secretary of State Termination Event, the Secretary of State may by a further notice (the Second Notice ) terminate this Agreement, provided that—
6.2.2.1 the Second Notice must be given within 30 Working Days after the expiry of the Grace Period (unless the Council waives this time requirement in writing) but without prejudice to the Council’s right to contest the correctness or otherwise of the alleged the Secretary of State Termination Event; and
6.2.2.2 any termination pursuant to the Second Notice shall become effective on a date to be specified therein, not being more than 30 Working Days after the date of service of the Second Notice.
6.2.3 In the event the Secretary of State Termination Event is not (in the reasonable opinion of the Secretary of State) capable of being rectified the Secretary of State shall in the First Notice terminate this Agreement without being required to serve a Second Notice provided that the First Notice shall in such case state that the termination is being made without any further notice being served.
6490631.07 19
7 Consequences of Termination
7.1 General Consequences
7.1.1 Upon termination of this Agreement the obligations of the parties under this Agreement shall cease except for—
7.1.1.1 any obligations arising as a result of any antecedent breach of this Agreement or any accrued rights;
7.1.1.2 any obligation on the part of the Secretary of State or the Surety to pay the Council any sum payable to it under this Agreement or to indemnify the Council and keep the Council indemnified pursuant to any indemnity contained in this Agreement; and
7.1.1.3 [Clause 1 (Definitions and Interpretation), Clause 7 (Consequences of Termination), Clause 8 (Operation of the Works), Clause 16 (the Council’s right to attach apparatus to the Works), Clause 21 (Confidentiality) and Clause 28 (the Council’s Limit of Liability) along with any other Clauses or Schedules to this Agreement which are necessary to give effect to them.]
7.2 Reinstatement
7.2.1 In the event this Agreement is terminated and the Works (or part thereof) have not been completed, the Secretary of State agrees to pay the Council within 28 calendar days of demand in writing the costs and expenses incurred by the Council in removing all plant, equipment and those materials not incorporated into the Works and in reinstating or procuring the reinstatement of the Works (or such part thereof as may exist as at the date of termination) and the relevant part or parts of the CGB affected by the Works to the extent necessary to—
7.2.1.1 make the same safe and/or secure; and
7.2.1.2 enable the Council to meet its contractual and statutory obligations.
7.2.2 The Secretary of State shall not be entitled to any payment or compensation or other rights or remedies in respect of loss of profits, revenue or goodwill or otherwise in connection with the termination of this Agreement for any cause whatsoever.
20 6490631.07
8 Operation of the Works
8.1 Maintenance of the Works following Completion
8.1.1 In respect of any part of the Works which remains within the CGB Land following Completion of the Works, the parties intend that—
8.1.1.1 the Secretary of State shall repair, maintain, replace and renew those Works; and
8.1.1.2 any costs and expenses incurred by the Council in facilitating the rights of the Secretary of State in Clause 8.1.1.1 are to be payable to the Council by the Secretary of State.
8.1.2 Without prejudice to Clauses 10.1.1, the Secretary of State shall at its sole cost and expense repair, maintain, renew and replace the Works prior to the date of Completion of the Works.
8.1.3 If at any time after Completion of the Works, the Council gives notice to the Secretary of State informing him that the state of maintenance of any part of the Works appears to be such as adversely affects the operation of CGB, the Secretary of State shall, on receipt of such notice, and subject to Clause 8.1.4, take such steps as may be reasonably necessary to put that part of the Works in such state of maintenance as not adversely to affect CGB.
8.1.4 Following Completion of the Works, the Secretary of State shall—
8.1.4.1 not, without the consent of the Council, carry out any further works to the Bridge (including maintenance works) which may have a material effect on the ability of the Council to maintain, operate, replace or repair the CGB or which would interrupt the operation of the CGB; and
8.1.4.2 consult the Council before carrying out any further works (including maintenance works) which may have a material effect on the ability of the Council to maintain, operate, replace or repair the CGB, and the Secretary of State shall take into account the Council’s reasonable representations in determining whether and how to carry out those works, including entering into a further agreement similar to this Agreement.
8.1.5 If any damage to the CGB or any interference or obstruction to the operation of the CGB shall be caused by the carrying out of, or in consequence of, the works referred to in Clause 8.1.4, the Secretary of State (notwithstanding any such approval from an engineer appointed by the Council) shall make good such damage and shall pay the Council all reasonable expenses to which the Council may be put and compensation for any loss which it may sustain in reason of any such damage, interference or obstruction.
6490631.07 21
8.1.6 Any costs and expenses incurred by the Council in facilitating the rights of the Secretary of State (including granting any consent) in this Clause 8.1 are to be payable to the Council by the Secretary of State.
8.1.7 Any additional expenses which the Council may reasonably incur in altering, reconstructing or maintaining the CGB by reason of the existence of the Works shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the Secretary of State, be repaid by the Secretary of State to the Council.
8.2 Vandalism
8.2.1 In the event the existence of the Works results (directly or indirectly) in there being a greater risk of acts of trespass or vandalism occurring on the Required Land the Secretary of State shall at its own expense take such preventative and/or defensive action within such timescales (as shall be agreed between the parties to be reasonably practicable) having regard to the incidence and nature of the acts of trespass or vandalism and the cost of such preventative and/or defensive measures.
8.2.2 In the event of acts of trespass or vandalism occurring on the Required Land whilst in the possession of the Secretary of State pursuant to this Agreement, which endanger safety on the CGB or the safety of persons or property on or near the CGB, the Council may take immediate action at the cost of the Secretary of State to safeguard the CGB and/or such persons and property in accordance with the provisions of Clause 15.1.
8.3 Signs and signals
8.3.1 The Secretary of State shall not provide any illumination or illuminated sign or signal on or in connection with the Works in the vicinity of the CGB unless it has first consulted the Council and it shall comply with the Council’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any CGB signal or other light used for controlling, directing or securing the safety of traffic on the CGB.
9 Ground Movement Precautions
9.1 The Secretary of State shall take all measures and (prior to commencing construction of Works) carry out such protective works as may be required to—
9.1.1 protect the safety and stability of the CGB and the Required Land against physical damage arising from anticipated ground movement due to the construction of the Works;
9.1.2 prevent, address, alleviate or comply (as applicable) with a Council Issue; and
22 6490631.07
9.1.3 minimise ground movement so far as is reasonably practicable during and after construction of the Works and avoid ground movement which would be anticipated to cause physical damage (other than damage of a superficial nature) to the CGB or the Required Land.
9.2 If the Council considers that, notwithstanding the protective works referred to in Clause 9.1, physical damage to the CGB or the Required Land will occur as a consequence of the Works to such a degree that immediate measures must be taken, the Council may take such immediate measures as the Council considers necessary without prior consultation with or notice to the Secretary of State and the Secretary of State shall pay the Council’s costs in connection therewith.
9.3 If in carrying out any methods selected by the Secretary of State or considered necessary by the Council in accordance with the preceding provisions of this Clause the Council reasonably incurs costs which it would not have incurred had the Works not been constructed those costs shall be repaid by the Secretary of State to the Council.
10 Payment of the Council’s Fees
10.1 The Secretary of State shall pay the Council’s Fees to the Council in accordance with this Clause 10, Clause 11 and Schedule 2.
10.2 The Hourly Rates shall be subject to annual reviews to reflect the increase in the RPIX on 31st July of each year following the date of this Agreement or on such other annual date as the Council may notify the Secretary of State from time to time. Following such review the Council’s Fees shall be revised accordingly.
11 Method of payment of the Council’s Fees and other sums payable to the Council
11.1 The following arrangements shall apply in respect of the payment of the Council’s Fees and all other payments payable to the Council under this Agreement—
11.1.1 Within 14 calendar days after the end of the Period in which the date of this Agreement falls, and within 14 calendar days after the end of each subsequent Period, the Council shall submit an invoice (with an attached breakdown) to the Secretary of State in respect of the Council’s Fees applicable to that Period and any other sums payable by the Secretary of State to the Council under this Agreement and relating to the relevant Period and, where appropriate, to earlier Periods which have not previously been invoiced. Payment by the Secretary of State to the Council shall be without set-off, retention, counterclaim, abatement or any other deduction and shall be due 28 calendar days after the date of the invoice.
11.1.2 Not later than 5 calendar days after the due date of the invoice, the Secretary of State shall give notice to the Council stating the amount which the Secretary of State proposes to pay and the basis on which that
6490631.07 23
amount is calculated, including any amount to be withheld and the grounds for withholding payment. Where no such notice is given, the amount to be paid is that stated in the invoice.
11.1.3 Should any payment not be made in accordance with Clause 11.1.1 (except any payment determined not to be payable pursuant to Clause 22) by 14 days after the due date then the payment due shall bear interest thereon at the rate of four percent above the lending rate of the HSBC Bank plc (or such other bank nominated by the Council) such rate to be determined upon such due date for payment and be payable from and including the due date for payment to and including the date of actual payment.
11.1.4 Payment shall be subject to the addition of Value Added Tax at the rate currently in force at the date the application for payment is made if and where applicable on production of a Value Added Tax invoice.
11.1.5 The Secretary of State shall make all payments to the Council under this Agreement in pounds sterling.
11.2 If the Secretary of State is in default over payments of amounts properly due in respect of the Council’s Fees or other amounts payable to the Council under this Agreement, and no notice of intention to withhold such amounts has been given pursuant to Clause 11.1.2, the Council may suspend performance of any or all of the obligations on its part in this Agreement, provided that the Council first give the Secretary of State not less than 7 calendar days’ notice of such intention and stating the grounds for suspension. The right to suspend performance shall cease when the Secretary of State makes payment of the amount due.
12 Programming of Works and Obtaining Possessions
12.1 The Council and the Secretary of State will co-operate with each other in planning the Works and utilising Possessions of the CGB to facilitate both the safe and efficient execution of the Works and the safe and efficient operation of the CGB.
12.2 The Secretary of State—
12.2.1 acknowledges that Possessions will be granted by the Council only where the Council considers the Possessions are necessary to carry out the Works and appropriate given the Council’s obligations to third parties to make the CGB available for use;
12.2.2 shall submit for approval by the Council a proposed Works Programme for the Works which shall (inter alia) indicate the necessary Possessions sought to be obtained and made available for the Works;
12.2.3 shall, if the proposed Works Programme, or any section of it, is not approved by the Council pursuant to Clause 12.3.2, consult further with
24 6490631.07
the Council and submit a revised proposed Works Programme for approval by the Council under Clause 12.2.2;
12.2.4 shall carry out the Works in accordance with the Works Programme approved under Clause 12.3.2 with all reasonable dispatch at times and in such a way as to cause insofar as is reasonably practicable the least interference with the traffic operating on the CGB;
12.2.5 at any time during the carrying out of the Works, furnish such further details and information in respect of the planning and programming thereof as the Council may reasonably require
12.3 The Council shall—
12.3.1 notify the Secretary of State on the programming and cost implications of Possessions required to carry out the Works, including providing a written estimate of amounts payable to the Council by the Secretary of State as a consequence of the restriction of use of the CGB as provided in Clauses 13 and 25;
12.3.2 within 20 Working Days after receipt of the proposed Works Programme, submitted pursuant to Clause 12.2.2, confirm in writing to the Secretary of State whether or not the proposed Works Programme has been approved and, if not so approved, shall furnish the Secretary of State with details where the Works Programme or any section of it has not been approved and an analysis of its reasons;
12.3.3 not have any liability to the Secretary of State under this Agreement should the Council fail to make available a Possession where the Council considers it necessary in order to prevent, address, alleviate or comply (as applicable) with a Council Issue;
12.3.4 keep the Secretary of State advised of any objections to the Possessions requested in the proposed Works Programme by any affected Bus Operator and in the light of which the Secretary of State may wish to revise their Works specification or intended method of working or revise the requested Possessions; and
12.3.5 use all reasonable endeavours to make available the Possessions requested in the Works Programme, save that Possessions will be granted by the Council only where the Council considers the Possessions are necessary to carry out the Works and appropriate given the Council’s obligations to third parties to make the CGB available for use.
12.4 If, prior to the commencement of or during the Works, either party considers that the actual progress of the Works will not or does not conform to the Works Programme approved pursuant to Clause 12.3.2 then—
12.4.1 the Secretary of State may submit a revised Work Programme for approval under Clause 12.2; and
6490631.07 25
12.4.2 the Council may require the Secretary of State to produce a revised Works Programme for approval under Clause 12.2.
12.5 Without prejudice to Clauses 12.4, the Council and the Secretary of State shall jointly review the Works Programme approved under Clause 12.3.2 on a monthly basis (on a date to be agreed between the parties) and shall agree what action needs to be taken (if any) in order to comply with the approved Works Programme.
13 Indemnity for Bus Operators for suspension of access
13.1 The sums payable to the Council by the Secretary of State under Clause 25 shall include a sum equivalent to the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each Bus Operator as a consequence of any restriction of the use of the CGB resulting from or by reason of:
13.1.1 the construction or maintenance of the Works (including the obtaining of Possessions);
13.1.2 the failure of the Works; or
13.1.3 any act or omission of the Secretary of State or of any person in his employ or of his contractors or others whilst engaged upon the Works.
13.2 The Council shall promptly pay to each Bus Operator the amount of any sums which the Council receives under Clause 13.1 which relates to the relevant costs, direct losses and expenses of that Bus Operator.
13.3 The obligation under Clause 13.1 to pay the Council the relevant costs shall, in the event of default, be enforceable directly by any Bus Operator concerned to the extent that such sums would be payable to that operator pursuant to Clause 13.2.
13.4 The Council shall, on receipt of a request from the Secretary of State, provide the Secretary of State on request and free of charge with written estimates of the costs, charges, expenses and other liabilities for which the Secretary of State is or will become liable under this Clause and with such information as may reasonably enable the Secretary of State to assess the reasonableness of any such estimate or claim made or to be made (including any claim relating to those relevant costs);
14 Secretary of State to Make Good Property of the Council
14.1 During the construction of the Works, if the Council so requires, or on Completion of the Works and any subsequent repair, maintenance or remediation of the Works the Secretary of State shall at its own cost and to the satisfaction of the Council, acting reasonably, make good any of the Required Land which has been damaged or interfered with and shall remove all surplus material brought on to the Required Land by the Secretary of State or its Contractors.
26 6490631.07
15 Safeguarding the CGB
15.1 Notwithstanding any other provision of this Agreement, the Council may at any time during the construction of the Works or the subsequent repair, maintenance or remediation of them (whether during the defects liability period or otherwise) after giving reasonable notice (where practicable) to the Secretary of State take whatever action the Council considers necessary to protect and maintain the safety and operation of the CGB and safety of persons or property on or near the CGB or to avoid interference with the CGB (other than that which has previously been agreed in writing between the Council and the Secretary of State) provided that the Council may take immediate action under this Clause without giving prior notice where it considers such action is necessary to prevent, address, alleviate or comply with a Council Issue, but shall notify the Secretary of State as soon as reasonably practicable thereafter.
15.2 In the event of the Council properly considering the safety of persons or property on or near the CGB or the safe or continued operation of services on the CGB to be at risk at any time during the construction of any part of the Works or the defects liability period for the same in respect thereof by reason of:
(a) the failure of the Secretary of State or the Contractors to complete such part of the Works; or
(b) any other reason arising out of the construction of the Works or the existence of the Works;
then the Council may (at the cost of the Secretary of State) take (but without any obligation to the Secretary of State to do so) whatever action the Council properly considers necessary to safeguard the CGB and prevent or alleviate such risk (whether such action involves utilising the Contractors or otherwise) including, without limitation, requiring the Secretary of State and the Contractors to suspend the carrying out of the Works for such period and/or take such measures as the Council requires.
15.3 If pursuant to Clause 15.2 the Council requires action to be taken by the Contractors, the Secretary of State shall upon notification require the Contractors responsible for the relevant part of the Works to comply with any requirements properly made by the Council in writing or, in cases of emergency only, communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable) to the Secretary of State and which requirements (including without limitation and where appropriate to temporarily stop the relevant part of the Works) relate to keeping or rendering the CGB safe and the continuation or resumption of services thereon as soon as reasonably practicable (and which the Secretary of State shall not overrule) provided that—
15.3.1 if the Secretary of State is not immediately available for any reason then the Council shall be entitled to issue instructions directly to the Contractors and the Secretary of State shall procure that any such direct instructions shall be treated as instructions from the Secretary of State under the relevant contract; and
6490631.07 27
15.3.2 the Council shall supply to the Secretary of State a copy of such written directions or written confirmation of oral instructions as soon as reasonably practicable following their issue.
15.4 All costs incurred by the Council in connection with this Clause 15 shall be indemnified by the Secretary of State in accordance with Clause 25.
16 The Council’s Right to Attach Apparatus to the Works
16.1 The Council may on and after Completion of the Works affix thereto, use, maintain and renew without payment to the Secretary of State apparatus which may be necessary for the operation of the CGB and for the purpose of the Council’s undertaking provided that the Council shall make good any damage or destruction to the Works in connection therewith.
16.2 Except in an emergency, of which the decision of the Council shall be final and conclusive, the Council shall give the Secretary of State 20 Working Days notice in writing of its intention to attach apparatus to the Works and method of fixing and the Secretary of State shall within 20 Working Days give written consent thereto, which shall not be unreasonably withheld or delayed.
17 Future Alterations of the CGB
17.1 Subject to Clause 17.2, if in consequence of the construction or existence of the Works the Council incurs additional cost and expense in connection with the repair, maintenance, improvement, operation or alteration of the CGB which would not have been incurred but for the construction or existence of the Works then such additional cost and expense shall be paid to the Council by the Secretary of State in accordance with Schedule 2.
17.2 Any alterations to the Works required to facilitate the repair, maintenance, improvement, operation or alteration of the CGB shall be carried out by the Secretary of State at his cost and expense.
18 Insurance
18.1 Construction All Risks Insurance
18.1.1 The Secretary of State shall take out and maintain or procure that the Contractors take out and maintain a policy of insurance (naming the Council as joint insured) for all risks insurance for the full reinstatement value of the Works together with design works and services and shall maintain such policy up to and including the earlier of the date of termination of this Agreement and the date of Completion of the Works.
28 6490631.07
18.2 Professional Indemnity Insurance
18.2.1 The Secretary of State shall take out and maintain or procure that the Contractors undertaking the Works take out and maintain professional indemnity insurance of not less than £5,000,000 to cover any one claim against the Secretary of State for any negligent act, error or omission in the carrying out of the Works in respect of any one claim or series of claims arising out of any one event for a period of 12 years from Completion of the Works provided that such insurance continues to be generally available in the insurance market on commercially reasonable terms.
18.3 Public Liability Insurance
18.3.1 The Secretary of State shall take out and maintain or procure that the Contractors take out and maintain public liability insurance (naming the Council as a joint insured) of not less than £40,000,000 to cover any loss, cost, expense, liability, action, demand, claim or proceeding whatsoever arising under any statute or at common law in respect of personal injury or damage to any property and shall maintain such policy up to and including the earlier of the date of termination of this Agreement and the date of Completion of the Works.
18.4 Evidence of insurances
18.4.1 Whenever reasonably requested by the Council, the Secretary of State shall provide evidence to the reasonable satisfaction of the Council that the insurances referred to in this Clause 18 are being maintained in accordance with provisions of this Clause 18.
19 Collateral Warranties
19.1 Prior to the Works Commencement Date, the Secretary of State shall procure that the Contractors shall provide the Council with the Collateral Warranties for all elements of the Works in or over the CGB Land.
20 Confidentiality
20.1 Confidential Information
20.1.1 Subject to clause 20.2, all Confidential Information shall:
20.1.1.1 be held confidential during and after the continuance of this Agreement;
20.1.1.2 be used only for the purposes contemplated in this Agreement; and
6490631.07 29
20.1.1.3 not be divulged in any way to any third party without the prior written approval of the party to whom the Confidential Information belongs.
20.2 Entitlement to divulge
Each party and its and their respective officers, employees and agents, shall be entitled in good faith to divulge any Confidential Information without the approval of the other party in the following circumstances:
20.2.1 pursuant to the provisions of the Freedom of Information Act 2000 or Environmental Information Regulations 2004;
20.2.2 to the Police or Fire Services;
20.2.3 to the Health and Safety Executive or any other relevant government body or agency;
20.2.4 to any officer or employee of the party in question or any person engaged in the provision of goods or services to or for him if disclosure is necessary or reasonably required to enable the party in question to perform its obligations under this Agreement, upon obtaining an undertaking of strict confidentiality from such officer, employee or person;
20.2.5 to any professional advisers or consultants of such party engaged by or on behalf of such party and acting in that capacity, upon obtaining an undertaking of strict confidentiality from such advisers or consultants;
20.2.6 to any insurer or insurance broker from whom such party is seeking insurance or in connection with the making of any claim under any policy of insurance, upon obtaining an undertaking of strict confidentiality from the insurer or insurance broker;
20.2.7 with the prior written consent of the party providing the Confidential Information only, to any lender, security trustee, bank or other institution from whom such party is seeking or obtaining finance or credit support for such finance, or any advisers to any such entity, or any rating agency from whom such party is seeking a rating in connection with such finance or credit support, upon obtaining an undertaking of strict confidentiality from the entity, advisers or rating agency in question;
20.2.8 to the extent that it has become available to the public other than as a result of a breach of confidence; and
20.2.9 under the order of any court or tribunal of competent jurisdiction.
20.3 Treatment of Confidential Information on termination
20.3.1 If this Agreement is terminated, the Council and the Secretary of State shall either—
30 6490631.07
20.3.1.1 return to the relevant party all of the Confidential Information then within its possession or control;
20.3.1.2 destroy such Confidential Information using a secure and confidential method of destruction; or
20.3.1.3 unless reasonably requested to return it, retain such Confidential Information but so that the party in question shall only be required to return any such information if that party can readily identify and locate such information.
20.3.2 If a party elects to retain any such Confidential Information under Clause 20.4.1.3, the provisions of this Clause 21 shall remain in full force and effect in relation to such Confidential Information notwithstanding the termination or expiration of this Agreement.
20.4 Ownership of Confidential Information
20.4.1 All Confidential Information shall be and shall remain the property of the party which supplied it to the other party.
20.5 No publicity
20.5.1 Save as required by law or regulation or in respect of press releases to the public (provided they do not contain any commercial and/or financial details relating to this Agreement or the Works generally), a party shall not issue any press release in relation to the matters contemplated by this Agreement without the prior written approval as to both the content and the timing of the issue of the press release (not to be unreasonably withheld or delayed) of the other party.
21 Assignment
21.1 If either party (“ the Assignor ”) at any time assigns any of its rights under this Agreement to another person (“ the Assignee ”) the Assignor shall, prior to such assignment, procure a direct covenant from the Assignee in favour of the other party to this agreement to observe and perform such rights as have been assigned.
21.2 Upon the Assignee entering into the direct covenant referred to in Clause 21.1, the Assignor shall be released from any obligation under this Agreement to observe and perform the obligations and restrictions which relate to the exercise of the transferred rights.
22 Disputes
22.1 Definitions
6490631.07 31
In this Clause, except where the context otherwise requires, the following words shall have the following meanings:
22.1.1 Executive Director means:
22.1.1.1 for the Secretary of State, [ NDD Board Director ], and
22.1.1.2 for the Council, [ ];
22.1.2 Initial Notice means the written notice served under Clause 22.2.1;
22.1.3 Project Manager means:
22.1.3.1 for the Secretary of State, the Area Performance Manager, and
22.1.3.2 for the Council, [ ]
with responsibility for the area in which Works are located;
22.1.4 Response Notice means the written notices served under Clause 22.2.3; and
22.1.5 Senior Manager means:
22.1.5.1 for the Secretary of State, [ ], and
22.1.5.2 for the Council, [ ]
being the person in each party’s organisation responsible for the management and oversight of this Agreement.
22.2 Stage 1 – Project Managers
22.2.1 In order to invoke the Escalation Procedure pursuant to this Clause 22, either Project Manager may notify the other Project Manager by serving an Initial Notice.
22.2.2 The Initial Notice shall:
22.2.2.1 state the Clause under which the Escalation Procedure is being invoked or alternatively any other matter to be resolved by means of the Escalation Procedure;
22.2.2.2 advise all correspondence and documentation relevant to the matter raised in Clause 22.2.2.1; and
22.2.2.3 propose a date within 5 Working Days for a meeting between the Project Managers to seek resolution of the matter referred to in Clause 22.2.2.1.
22.2.3 Following receipt of an Initial Notice, the receiving Project Manager shall respond within 3 Working Days, by issuing the Response Notice.
32 6490631.07
22.2.4 The Response Notice shall:
22.2.4.1 state the actions and programme to resolve the matter raised in the Initial Notice; or
22.2.4.2 confirm attendance at the meeting referred to in the Initial Notice; and
22.2.4.3 advise any further correspondence and documentation relevant to matter raised in the Initial Notice.
22.2.5 If the Project Managers agree that the Response Notice or the meeting pursuant to the Initial Notice resolves the matter raised in the Initial Notice, the Project Manager who issued the Initial Notice will notify the other Project Manager by written notice. Such notification shall be made within 3 Working Days following the receipt of the Response Notice or within 3 Working Days following the meeting.
22.2.6 If the Project Managers do not agree that the Response Notice or the meeting pursuant to the Initial Notice resolves the matter raised in the Initial Notice, both Project Managers will notify their respective Senior Managers accordingly. Such notification shall be made within 3 Working Days following the receipt of the Response Notice or within 3 Working Days following the meeting.
22.3 Stage 2 – Senior Managers Meeting
22.3.1 Following receipt of a notification pursuant to Clause 22.2.6, the Senior Managers of each party shall arrange a meeting within 5 Working Days to seek resolution of the matter referred to in the Initial Notice. The Senior Managers may, at their discretion, invite the Project Managers to attend such a meeting.
22.3.2 If the Senior Managers agree that their meeting resolves the matter raised in the Initial Notice, they will notify their Project Managers accordingly. The Project Manager who issued the Initial Notice will notify the other Project Manager by written notice. Such notification shall be made within 3 Working Days following the meeting of Senior Managers.
22.3.3 If the Senior Managers do not agree that their meeting resolves the matter raised in the Initial Notice, they will notify their respective Project Managers accordingly within 3 Working Days following the meeting of Senior Managers.
22.3.4 At the same time as they make the notification in Clause 22.3.3, each Senior Manager shall notify their respective Executive Directors of the matter raised in the Initial Notice and the steps taken at the meetings between Project Managers and Senior Managers to resolve the matter.
22.4 Stage 3 – Executive Directors’ Meeting
6490631.07 33
22.4.1 Following receipt of a notification pursuant to Clause 22.3.4, the Executive Directors of each party shall arrange a meeting within 5 Working Days to seek resolution of the matter referred to in the Initial Notice. The Executive Directors may, at their discretion, invite the Senior Managers and/or the Project Managers to attend such a meeting.
22.4.2 If the Executive Directors agree that their meeting resolves the matter raised in the Initial Notice, they will notify their Senior Managers and Project Managers accordingly. The Project Manager who issued the Initial Notice will notify the other Project Manager by written notice. Such notification shall be made within 3 Working Days following the meeting of Executive Directors.
22.5 Stage 4 - Referral to Courts
If the Executive Directors do not agree that their meeting resolves the matter raised in the Initial Notice, either party may refer the matter to resolution by the courts in accordance with Clause 23.
23 Governing Law and Jurisdiction
23.1 This Agreement shall be governed by and construed in accordance with the laws of England. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with this Agreement.
24 The Contracts (Rights of Third Parties) Act 1999
24.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 nothing in this Agreement confers or purports to confer on a third party who is not a party to this Agreement any benefits or rights to enforce a term of this Agreement.
25 Indemnity
25.1 The Secretary of State shall indemnify the Council and keep the Council indemnified against any costs, claims, damages, demands, losses, expenses, liabilities or proceedings of whatever kind and however arising from or in connection with (whether directly or indirectly) the Works, the subsequent existence and/or operation of the completed Works or the obligations assumed by the Council pursuant to this Agreement and including, but without limitation, any of the same arising (whether directly or indirectly) out of or in connection with the following, whether or not the Council may have been negligent or at fault and this indemnity shall not limit any further compensation rights of the Council (together, the Indemnified Obligations ):
25.1.1 Any non-observance or non-performance by the Secretary of State of any of the obligations or duties on its part under this Agreement or resulting
34 6490631.07
from any or such obligations or duties being or becoming void, voidable, unenforceable or ineffective;
25.1.2 Any provisions of this Agreement being, or being alleged to be, void, voidable, unenforceable, invalid or ineffective in any respect;
25.1.3 Any act or omission or determination which would have the effect of frustrating, invalidating or rendering unenforceable the terms or intent of this Agreement or of imposing terms inconsistent herewith;
25.1.4 The Council entering into or observing or performing the obligations on its part in this Agreement;
25.1.5 All legal and other costs, charges and expenses incurred by the Council in connection with all or any of the Indemnified Obligations and in connection with preserving or enforcing, or attempting to preserve or enforce, its rights under this Agreement;
25.1.6 Any leases, licences and other documentation entered into by the Council and relating to the Works including (without limitation) all reasonable legal and other costs, charges, and expenses incurred by the Council in connection with the preparation, negotiation and enforcement of the same;
25.1.7 Non-payment of the Access Charge by the Bus Operators where the same are not paid as a consequence of any restriction of the use of the CGB as a result of the construction or maintenance of the Works (including the obtaining of Possessions) or the failure of the Works, or by reason of any act or omission of the Secretary of State or of any person in its employ or of its contractors or others whilst engaged upon the Works; or
25.1.8 The exercise of step-in rights by the Council pursuant to the Collateral Warranties,
and the fact that any act or thing may have been done by the Council on behalf of the Secretary of State or in accordance with plans approved by the Council or in accordance with any requirement of the Council or under the supervision of the Council shall not (if it was done without negligence on the part of the Council or of any person in its employ or of its contractors or agents) excuse the Secretary of State from any liability.
25.2 The Secretary of State shall pay on demand the amount of such Indemnified Obligations whether or not the Council has attempted to enforce any rights against the Secretary of State or any other person or otherwise.
25.3 If the Council wishes to claim under the indemnities in this Clause 25, it must notify the Secretary of State of the relevant facts giving rise to the claim as soon as reasonably practicable (and in any event within 90 Working Days) of its first becoming aware of those facts.
25.4 If the Council wishes to claim under the indemnities in this Clause 25 it shall consult with the Secretary of State as to the ways in which the circumstances giving rise to
6490631.07 35
that claim and any damages, losses, claims, proceedings, demands, liabilities, costs or expenses connected with that claim may be prevented, mitigated or restricted and shall take all reasonable steps to prevent, mitigate and restrict any and all of the same.
25.5 In the assessment of any sums payable to the Council under this Clause 25 there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by the Council if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the Secretary of State under this Schedule or increasing the sums so payable.
25.6 The obligations of the Secretary of State in Clause 25.1—
25.6.1 are in addition to and not in substitution for any other indemnity, guarantee or any security which the Council may at any time hold for the payment of the Indemnified Obligations; and
25.6.2 may be enforced by the Council at its discretion without first having recourse to any other such indemnity, guarantee or security, without taking any steps or proceedings against the Secretary of State or any other person, and without resorting to any other means of payment.
25.7 The Council undertakes to—
25.7.1 notify the Secretary of State in writing of any circumstances which the Council (in its sole discretion) considers might give rise to a claim under the indemnity in this Clause 25 as soon as reasonably practicable after the Council becomes aware of the same and subject to compliance with any confidentiality obligations owed by the Council to any other person; and
25.7.2 act in good faith with regard to any such claim or potential claim and to use reasonable endeavours to consult with the Secretary of State to discuss methods to mitigate any loss arising from such claim or potential claim and to defend any liability arising from such claim or potential claim.
26 The Council’s Limit Of Liability
26.1 Notwithstanding any other provision of this Agreement:
26.1.1 Subject to Clause 26.1.2, the Council shall have no liability to the Secretary of State for any breach, act or omission on its (or its servants, agent or employees) part whether under or by reason of any breach of this Agreement, in tort or otherwise howsoever arising in respect of any matter arising out of or in connection with this Agreement or the Works (whether directly or indirectly); and
26.1.2 in the case of an event of Material Breach, the Council’s maximum liability to the Secretary of State under or by reason of any breach of this Agreement shall be limited in aggregate to £[20% of the Secretary of State’s costs].
36 6490631.07
26.2 The parties agree and declare that, without prejudice to Clause 26.1.2, the recovery of damages would be an adequate remedy and that the remedy of specific performance is agreed to be excluded.
26.3 Notwithstanding any approval, consent, comment or confirmation which the Council may be required to provide pursuant to this Agreement, the responsibility for the design and construction of the Works shall remain solely at the risk and cost of the Secretary of State and the Council shall have no liability whatsoever, whether in contract, tort or otherwise for such design and construction or for any errors or omissions contained in the documents relating thereto.
26.4 The rights, powers and remedies of the Secretary of State in the event of a breach of this Agreement by the Council are limited to those rights, powers and remedies expressly provided to the Secretary of State by this Agreement.
26.5 In no circumstances shall the Council be liable to the Secretary of State for any loss of profit, revenue, goodwill or any indirect or consequential loss howsoever arising and irrespective of the cause thereof in respect of this Agreement or any matter arising out of or in connection with the Works (whether directly or indirectly).
26.6 Clause 26.1 shall not apply so as to exclude or restrict the liability of the Council for death or personal injury caused by the Council’s negligence.
27 Safety Case
27.1 The Council and the Secretary of State shall liaise generally on all safety matters arising out of the Works as they affect the CGB.
27.2 The parties shall with reasonable diligence exchange information and otherwise co- operate with each other so far as it is necessary to enable the Council to review or revise its safety regime (as may be appropriate) relating to the maintenance, repair, improvement, alteration and operation of the CGB during such construction and thereafter.
27.3 The Secretary of State shall pay to the Council all the Council costs incurred by the Council pursuant to this Clause 27 in accordance with Schedule 2.
28 Miscellaneous
28.1 Notices
28.1.1 Any notice, objection or communication to be given under this Agreement shall be in writing and shall be duly given if signed by or on behalf of a person duly authorised to do so by the party giving such notice, objection or communication and delivered by hand at or by sending it by first class post or by facsimile transmission to the relevant address or facsimile number set out in Schedule 7.
6490631.07 37
28.1.2 Either party shall be entitled to amend in any respect the communication particulars which relate to it and which are set out in Schedule 7. Any such amendment shall be made only by notice given to the other party in accordance with this Clause 28.1.
28.1.3 Notices, objections or communications given under this Agreement shall be deemed to have been received as follows:
28.1.3.1 If sent by hand or by recorded delivery, at the time of delivery. For the purpose of this Clause 30 delivery by hand shall include delivery by a reputable firm of couriers;
28.1.3.2 If sent by prepaid first class post, from and to any place within the United Kingdom, 3 Working Days after posting unless otherwise proven; and
28.1.3.3 If sent by facsimile, (subject to confirmation of uninterrupted transmission by a transmission report) upon sending where such transmission occurs before 17.00 hours on the day of transmission and in any other case at 09.00 hours on the Working Day following the day of transmission.
28.1.3.4 If in Schedule 7 there is specified any person to whom copies of notices shall also be sent the party serving a notice in the manner required by this Clause shall send a copy of the notice in question to such person at the address for serving copies as specified in Schedule 7 or to such other person or address as may from time to time have been notified by the party to be notified to the notifying party in accordance with this Clause. Such copy notice shall be sent contemporaneously with the original notice.
28.2 No partnership
28.2.1 Nothing in this Agreement shall create a partnership, association or joint venture or establish a relationship of principal and agent.
28.3 Waivers
28.3.1 No waiver by any party of any default or defaults by another in the observance or performance of any of the provisions of this Agreement shall operate or be construed as a waiver of any other or further default or defaults whether of a like or different character.
28.3.2 No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by that party of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.
38 6490631.07
28.4 Counterparts
28.4.1 This Agreement may be executed in two parts which taken together shall constitute one and the same document. A party may enter into this Agreement by signing any of the parts.
28.5 No variation
28.5.1 No variation of this Agreement shall be effective unless in writing and signed by or on behalf of all the parties.
28.6 Full negotiation
28.6.1 The parties acknowledge and agree that the provisions of this Agreement have been the subject of arms length discussion and negotiation and are fair and reasonable having regard to the circumstances as at the date of this Agreement and the intended commercial relationships between the parties.
28.7 Entire agreement
28.7.1 This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement and supersedes and extinguishes any prior drafts, undertakings, representations, warranties and arrangements of any nature whether in writing or oral relating to such subject matter.
28.8 No representations
28.8.1 Each party acknowledges that it has not been induced to enter into this Agreement by any representation, warranty or undertaking not expressly incorporated into it.
28.9 Rights and remedies
28.9.1 Subject to the limitations of liability set out in this Agreement and except in the case of fraud, no party shall have any right of action (whether in contract, tort or howsoever arising) against any other party arising out of or in connection with any draft, agreement, representation, warranty, promise, arrangement or undertaking of any nature whatsoever, whether or not in writing, relating to the subject matter of this Agreement made or given by any person at any time prior to the date of this Agreement except to the extent that it is repeated in this Agreement.
6490631.07 39
SCHEDULE 1
Works Particulars
[To be completed by Secretary of State]
1.1
40 6490631.07
SCHEDULE 2
Payment Schedule
PART 1 The Council’s Fees
As from time to time requested by the Secretary of State, the Council shall provide to the Secretary of State reasonable access to and evidence and records of all Salary Costs, Personnel Costs and Expenses and Disbursements (as set out in paragraph 4 of this Schedule 2), which may be reviewed and audited by or on behalf of the Secretary of State. All other costs and expenses referred to in this Schedule 2 including, without limitation, the constituent elements of any Multiplier or Corporate Overhead or the mark-up of any rates including any elements and amounts stated in any policy of the Council, shall not be subject to review or audit by the Secretary of State or any other party and the Council shall not be obliged to provide evidence of or records or access to records in respect of such amounts.
1 Definitions
The following terms shall have the following meanings when used in this Schedule 2:
(a) Agency Costs means the actual cost (including VAT) to the Council of any Agency Personnel engaged in connection with the observance and performance by the Council of the obligations on its part under this Agreement, plus the expenses and disbursements of such Agency Personnel;
(b) Agency Personnel means those personnel who have entered into a contract for services with the Council to provide services exclusively to the Council thereof;
(c) Consultants’ Costs means the actual costs (including VAT) to the Council of any consultants or contractors engaged by the Council in connection with the observance and performance of the obligations on its part under this Agreement plus a mark-up of 5% on the aggregate of those amounts, plus the expenses and disbursements of those consultants or contractors;
(d) Corporate Overhead means any costs in the nature of a business overhead incurred in respect of the Council’s Personnel or business that are not included in paragraphs (a) or (b) above, but excluding at all times Expenses and Disbursements. Amounts in respect of Corporate Overheads are not included within Salary Costs and are recoverable by the Council by way of the Multiplier;
(e) Expenses and Disbursements means the amounts payable to the Council by the Secretary of State as set out in this paragraph 4 of Schedule 2;
(f) Hourly Rate shall be calculated in respect of each member of the Council’s Personnel by multiplying the Salary Costs (as the same may be adjusted from time to time in accordance with the Council’s personnel policies and salary plans) by the Multiplier and dividing by 1620 (being the number of worked
6490631.07 41
hours per year based on a 36 hour working week). The resulting Hourly Rate will be payable in respect of all worked hours spent by the Council’s Personnel in connection with the observance and performance of the Council’s obligations under this Agreement;
(g) Multiplier means 2.3;
(h) the Council’s Personnel means those personnel referred to in paragraph 3 of this Schedule 2;
(i) Payroll Additives means additives expressed as a percentage of salary and wages of the Council’s Personnel to cover the cost to the Council in respect of the Council’s Personnel for all employee benefits and allowances for the company portion of employee insurance, social and retirement benefits, all payroll taxes, worker’s compensation and employer’s liability insurance and all other insurance premiums measured by payroll costs, and other contributions and benefits required by any applicable law or regulations. These costs are not included within Salary Costs and are recoverable by the Council by way of the Multiplier;
(j) Personnel Costs means the sum of the relevant Hourly Rate multiplied by the number of hours spent by each member of the Council’s Personnel in connection with the observance and performance of the Council’s obligations under this Agreement;
(k) Premiums means those additions to base annual salary for UK personnel working away from their base location (currently 20%) or as defined in the Council’s personnel policies; and
(l) Salary Costs means the annual salary and Premiums (excluding commissions, Payroll Additives, Corporate Overhead, overtime payments and bonuses but including a London living allowance in an amount of £2000 per annum), as specified in the applicable employment conditions actually paid by the Council to the Council’s Personnel which salaries and Premiums are established in accordance with the Council’s standard personnel policies.
2 Personnel Costs
2.1 The Council shall be entitled to adjust the Salary Costs from time to time as necessary to reflect actual changes in salaries and other employment conditions that are made in accordance with the Council’s established personnel policies and salary plans.
2.2 The Secretary of State may subject the Salary Costs to a reasonable audit to enable the Secretary of State to verify to its reasonable satisfaction that the Personnel Costs invoiced by the Council comply with this Agreement. The Council shall provide, at the Secretary of State’s request, reasonable access to all documents verifying or substantiating the Salary Costs (including any Premiums).
42 6490631.07
2.3 The Secretary of State shall not have the right to audit the constituent elements of the Multiplier and in particular the Secretary of State shall not have any rights to audit the Corporate Overhead.
3 The Council’s Personnel
3.1 If the Council uses any of any employees and/or officers of the Council in connection with the observance and performance by it of the obligations on its part under this Agreement, they shall be deemed to be the Council’s Personnel.
4 Expenses and Disbursements
4.1 The Secretary of State may subject the Expenses and Disbursements to a reasonable audit to enable the Secretary of State to verify to its reasonable satisfaction that the Expenses and Disbursements invoiced by the Council comply with this Agreement.
4.2 The Secretary of State shall pay the Council in accordance with this Schedule 2 all Expenses and Disbursements properly and reasonably incurred by the Council in the observance and performance of the obligations on its part under this Agreement.
4.3 If any single item included within any Expenses and Disbursements is greater than £7,000, it shall only be recoverable from the Secretary of State if the Secretary of State has approved the item of Expense or Disbursement in question.
4.4 For the avoidance of doubt the Secretary of State shall not in any circumstances reimburse to the Council any Expenses and Disbursements in relation to alcohol.
6490631.07 43
SCHEDULE 4
The Council Consents
The Council shall only be required to issue the approvals, acceptances and consents referred to in this Schedule 4 subject to all necessary requirements relating to the same being satisfied in full:
PART 1 Approvals and acceptances to be provided by the Council (subject to all necessary requirements for the approvals and/or acceptances being satisfied in full).
1 Approval of designs for the Works.
2 Approval of Contractors’ Construction phase plan pursuant to the CDM regulations.
3 Approval of Contractors’ Environmental Plan.
4 Acceptance of method statements submitted by the Secretary of State for the Works.
5 Written approval that the Works have been completed in accordance with the Plans approved under this Agreement.
PART 2 Consents to be obtained by the Council (subject to all necessary requirements for the consents being satisfied in full).
1 Management of independent safety audits as required and in accordance with the Operations Policy and Guidance for Developers.
44 6490631.07
SCHEDULE 5
Form of Collateral Warranties
DATED 200[ ]
[CONTRACTOR]
and
THE COUNCIL INFRASTRUCTURE LIMITED
DEED OF WARRANTY
in connection with [ ]
THIS DEED is made the day of 200[ ]
BETWEEN:
(1) [CONTRACTOR] whose registered office is at [ ], (the Contractor ) and
(2) CAMBRIDGESHIRE COUNTY COUNCIL of Shire Hall, Castle Hill, Cambridge, CB3 0AP (the Beneficiary ).
WHEREAS
(A) The Beneficiary has entered into an agreement dated [ ] with [ ] (the Employer ) in connection with the Works.
(B) The Contractor has entered into the Contract with the Employer to carry out the Works.
(C) The Contractor has agreed to enter into this Deed for the benefit of the Beneficiary.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1 Definitions and interpretation
1.1 In this Deed (including the recitals), except where the context otherwise requires, the following words and expressions shall have the following meanings:
Contract the agreement dated [ ] between (1) the Employer and (2) the Contractor;
CGB the Cambridgeshire Guided Busway, as authorised to be constructed and operated by the Order;
6490631.07 45
Order the Cambridgeshire Guided Busway Order 2005 made on the 21 December 2005;
Works [insert description of Works].
1.2 In this Deed unless the context otherwise requires:-
1.2.1 words importing any gender include every gender;
1.2.2 words importing the singular number only include the plural number and vice versa;
1.2.3 words importing persons include firms, companies and corporations and vice versa;
1.2.4 any reference to any statute (whether or not specifically named) shall include any statutory modification or re-enactment of it for the time being in force and any order, instrument, plan, regulation, permission and direction made or issued under it or under any statute replaced by it or deriving validity from it;
1.2.5 references to clauses are references to the relevant clause in this Deed, and a reference to a sub-clause is to a sub-clause of the clause in which the reference appears;
1.2.6 the words “include” and “including’” are to be construed without limitation;
1.2.7 where any obligation is undertaken by two or more persons jointly those persons shall be jointly and severally liable in respect of that obligation; and
1.2.8 the headings to the clauses are for convenience only and shall not affect the interpretation of this Deed.
1.3 If for any reason any clause in this Deed shall be found to be ineffective inoperable or unenforceable, it shall be severed and deemed to be deleted from this Deed and in such event the remaining provisions of this Deed shall continue to have full force and effect.
2 Contractor’s obligations
2.1 The Contractor represents, warrants and undertakes to the Beneficiary:
2.1.1 that in performing the Works it has exercised and will continue to exercise all the skill, care and diligence to be reasonably expected of an appropriately qualified and competent contractor which is experienced in carrying out projects of a similar, scope, nature, complexity and size to the Works;
46 6490631.07
2.1.2 that it has complied with and will comply with each and all of the obligations, duties and undertakings of the Contractor under and pursuant to the Contract;
2.1.3 that all materials, goods and workmanship used in the Works are or will be in accordance with the Contract and that it has exercised the degree of skill and care set out in sub-clause 2.1.1 above in the selection of goods and materials for the Works (to the extent that such goods and materials have been or will be selected by or on behalf of the Contractor);
2.1.4 that the Works and all materials and goods comprised in them will correspond as to description, quality and condition with the requirements of the Contract and will be of sound manufacture and workmanship;
2.1.5 that it has not used and it will not specify for use in the Works and will not permit any sub-contractor to use any materials which are not in accordance with recommendations within a booklet entitled “Good Practice in the selection of Construction Materials” written by Ove Arup and Partners and sponsored by the British Property Federation, statutory requirements, British Standards, Codes of Practice and good building practice at the time of specification;
2.1.6 that it shall in any event notify the Beneficiary if it becomes aware that any such materials have been or are to be used by persons other than the Contractor;
2.1.7 that on completion the Works will satisfy all performance specifications and requirements contained or referred to in the Contract; and
2.1.8 that the Beneficiary shall be deemed to have relied upon the Contractor’s skill and judgment in respect of those matters relating to the Works as lie within the scope of the Contract and that the Contractor owes a duty of care in respect thereof to the Beneficiary (but not more onerous than that owed to the Employer under the Contract).
3 Liability
3.1 No approvals, comments, instructions, consents, attendance at meetings relating to the Works or advices from the Beneficiary shall in any way relieve the Contractor from its obligations under this Deed.
3.2 Notwithstanding anything that may be contained elsewhere in this Deed, the Contractor shall have no greater liability (whether in quantum or in scope) to the Beneficiary than it would have had if the Beneficiary had been named as joint employer under the Contract.
3.3 No action or proceedings for any breach of this Deed shall be commenced against the Contractor after the expiry of 12 years from the date of practical Completion of the Works.
6490631.07 47
4 Insurance
4.1 The Contractor has effected and will maintain professional indemnity insurance in an amount of £[ ] million for each and every claim or series of claims arising out of the same event or circumstances in any one period of insurance (which period shall not be more than one year) for a period of 12 years from the date of the issue of the certificate of practical Completion of the Works. As and when reasonably requested to do so by the Beneficiary, the Contractor shall produce for inspection documentary evidence that such insurance is being maintained and that payment has been made in respect of all premiums due under it.
5 Notices
5.1 Any notices to be given under this Deed shall be either delivered personally or sent by first class recorded delivery post. The address for service of the Beneficiary and of the Contractor shall be as stated in this Deed or such other address for service as the party to be served may have previously notified in writing to the other party. A notice shall be deemed to have been served as follows:
5.1.1 if personally delivered, at the time of delivery; or
5.1.2 if posted, at the expiration of 48 hours after the envelope containing the same was delivered into the custody of the postal authorities.
5.2 In proving such service, it shall be sufficient to prove that personal delivery was made or that the envelope containing such notice was properly addressed and delivered into the custody of the postal authorities as a pre-paid first class recorded delivery letter.
6 General
6.1 The Contractor shall have no claim whatsoever against the Beneficiary in respect of any damage, loss or expense howsoever arising out of or in connection with the Contract or any amounts due to the Contractor thereunder.
6.2 The Beneficiary may assign the benefit of this Deed on a maximum of four occasions without the consent of the Contractor. The benefit of this Deed may also be assigned by way of security or charged without the consent of the Contractor to any mortgagee of the Beneficiary or its assignees on any number of occasions.
6.3 The parties to this Deed do not intend that any term of this Deed should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this Deed.
6.4 This Deed shall be governed by and construed in accordance with the law of England and any dispute or difference concerned with its terms shall be referred to the non- exclusive jurisdiction of the Courts of England.
48 6490631.07
IN WITNESS whereof the parties have caused this agreement to be executed (as a Deed in the case of the Contractor) on the date first before written.
EXECUTED AS A DEED by ) [CONTRACTOR] ) acting by )
Director
Director/Secretary
SIGNED by ) duly authorised on behalf of ) CAMBRIDGESHIRE COUNTY ) COUNCIL )
6490631.07 49
SCHEDULE 6
Plan of Required Land (outlined in red) and CGB Land (coloured blue)
50 6490631.07
SCHEDULE 7
Notice Details
1 The Council’s address for the service of notices is:
Cambridgeshire Guided Busway Cambridgeshire Country Council Castle Hill Shire Hall Cambridge CB3 0AP
Tel: 01223 716972 Fax: 01223 717201
All written notices to be marked:
‘URGENT: ATTENTION OF THE CAMBRIDGESHIRE GUIDED BUSWAY HEAD OF SERVICE’
2 The address for service of notices for the Secretary of State is:
1st Floor Woodlands Manton Lane Bedford MK41 7LW
Tel: [to be provided] Fax: [to be provided]
All written notices to be marked:
[to be provided]
6490631.07 51
SCHEDULE 8
Guidance for Developers
[to be added]
52 6490631.07
SCHEDULE 9
Operations Policy
[to be added]
6490631.07 53
Signed by ) for and on behalf of ) THE SECRETARY OF STATE )
...... (Signature of named signatory)
Signed by ) for and on behalf of CAMBRIDGESHIRE ) COUNTY COUNCIL )
...... (Signature of named signatory)
54 6490631.07
APPENDIX G
Grant of Rights Agreement for Cambridgeshire Guided Busway
DATED 2010
(1) SECRETARY OF STATE FOR TRANSPORT and
(2) CAMBRIDGESHIRE COUNTY COUNCIL
DEED relating to the Cambridgeshire Guided Busway and the A14 Impington Road Bridge
Bircham Dyson Bell LLP 50 Broadway London SW1H 0BL
Tel +44 (0)20 7227 7000
Fax +44 (0)20 7222 3480 DX 2317 Victoria www.bdb -law.co.uk
TABLE OF CONTENTS
1 Definitions and Interpretation 1 2 Grant 4 3 The Council’s Obligations 5 4 The Secretary of State’s Obligations 6 5 Liability 7 6 The Rights Area Infrastructure 8 7 Emergencies 8 8 Termination 9 9 Statutory Protection 9 10 Disposal of Land 10 11 Payment of Sums under this Deed 10 12 No Derogation from Grant 11 13 Severability 11 14 Serving of Notices 11 15 Variation or Waiver 12 16 Successors and Assigns 12 17 Governing Law 12 18 Disputes 13 19 Contracts (Rights of Third Parties) Act 1999 13 SCHEDULE 1 14 SCHEDULE 2 15
6840650.02 6/05/2010
THIS DEED is made this day of 201[ ]
BETWEEN:
(1) THE SECRETARY OF STATE FOR TRANSPORT of Great Minster House, 76 Marsham Street, London SW1P 4DR ( Secretary of State ); and
(2) CAMBRIDGESHIRE COUNTY COUNCIL of Shire Hall, Castle Hill, Cambridge, CB3 0AP ( Council ).
WHEREAS:
(A) By the Cambridgeshire Guided Busway Order 2005 the Council obtained powers to acquire from the Network Rail Infrastructure Limited the disused railway track and corridor (St Ives to Chesterton) for use for the Cambridgeshire Guided Busway authorised by that Order.
(B) The Council exercised those powers by General Vesting Declaration dated [ ].
(C) The Secretary of State owns the freehold of the Rights Areas.
(D) In order for the Council to secure the operation of the CGB the Secretary of State has agreed to grant to the Council certain rights over the Rights Areas upon the following terms and conditions.
NOW THIS DEED WITNESSES as follows:
1 Definitions and Interpretation
In this Deed:
1.1 The following expressions shall have the meanings in this clause assigned to them unless the context otherwise requires:
adjoining means adjoining, underlying and/or overlying;
Asset Protection Agreement means any Asset Protection Agreement made pursuant to the Overarching Agreement between the parties relating to (inter alia) the manner in which works in the vicinity of the CGB are to be carried out;
CCC Control Handbook means the documents appended to this Deed at Incidents Playbook Schedule [2]
CGB means the Cambridgeshire Guided Busway, being a guided busway running between St. Ives to Milton Road, Cambridge and to Kings Hedges Road, Cambridge and from Cambridge Railway Station to the Trumpington Park & Ride site and to Addenbrooke’s Hospital, all as authorised to be
6840650.02 6/05/2010
constructed by the Cambridgeshire Guided Busway Order 2005 (SI 2005/3523), and of which the Council is operator, including any station, land, works, apparatus and equipment belonging to the Council or connected with the guided busway and any easement or other property interest held by the Council or used by it for the benefit of the guided busway;
CGB Land means the land forming part of the CGB coloured [blue] on the Plan;
Conduits means pipes, sewers, drains, conduits, drainpipes, gutters, channels, water courses, interceptors for the passage of fluids and substances and any ancillary apparatus and includes any part of them;
Effective Date means the date of this Deed;
Force Majeure means:
(a) war armed conflict invasion or act of foreign enemy in each case within and affecting a member or state of the European Union.
(a) rebellion revolution civil disobedience commotion or disorder or acts of terrorism or the threat of such acts within and affecting a member state of the European Union.
(c) nuclear explosion chemical or radioactive contamination or ionising radiation unless the source or cause of the explosion contamination or radiation is brought to or near the Rights Areas or the Council Infrastructure by the Council its respective contractors or subcontractors or exists in situ.
(d) pressure waves caused by aircraft aerial devices travelling at sonic or supersonic speed.
which causes the Secretary of State to be unable to comply with all or a material part of its obligations under this Deed. maintenance means inspection examination maintenance repair and renewal strengthening and any alterations where such alterations may be required for the safety of either the Secretary of State’s highway network or the CGB (or any part thereof) or the safety of traffic using the Secretary of State’s highway network or the
2 6840650.02 6/05/2010
CGB and of third parties affected by the Secretary of State’s highway network or the CGB and all activities associated with the foregoing and the term ‘maintain and maintaining shall be construed accordingly;
Overarching Agreement means the agreement dated [ ] reached between the parties;
Perpetuity Period means the period of 80 years from the date of this Deed;
Plan means the plan annexed to this Deed at Schedule 1 and numbered [xxxxxxxxx ];
Secretary of State’s Land means all land vested in the Secretary of State other than the Rights Areas;
Rights means the rights granted by clause 2 of this Deed;
Rights Areas means the parts of the Secretary of State’s Land situated beneath the A14 Impington Road Bridge between the walls of the A14 Impington Road Bridge and the CGB Land (including the airspace above up to the under surface of the span of the existing A14 Impington Road Bridge but (for the avoidance of doubt) excluding the airspace (if any) occupied by the structure of that bridge) as shown for the purposes of identification only coloured [pink] on the Plan;
Rights Area Infrastructure means any works, structures, apparatus and equipment in under or upon the Rights Areas in relation to the CGB;
VAT means any value added tax; and
Working Day means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or a statutory Bank Holiday and the expression Working Days shall be construed accordingly.
1.2 The masculine includes the feminine and vice-versa.
1.3 The singular includes the plural and vice-versa.
1.4 A reference to any clause subclause paragraph schedule or appendix is except where it is expressly stated to the contrary a reference to such clause subclause paragraph schedule or appendix of this Deed.
1.5 Any reference to this Deed or to any other document shall include any permitted variation amendment or supplement to such document.
6840650.02 6/05/2010 3
1.6 Any reference to any legislation shall be construed as a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation.
1.7 Where the context permits a reference to a person includes firms partnerships and corporations and their successors.
1.8 Any phrase introduced by the terms ‘including’ ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.9 References to the Secretary of State’s railway network in this Deed means that railway network of which the Secretary of State is the facility owner as defined in section 17(6) of the Railways Act 1993 (as amended by the Transport Act 2000) and which is situated in England, Scotland and Wales.
1.10 Headings are for convenience only.
1.11 Any covenant by any party not to do a thing is to be construed as a covenant by that party not knowingly to permit or suffer the thing to be done.
1.12 Where a party agrees to an obligation under this Deed it will be deemed to fulfil that obligation if the party procures that it is done.
2 Grant
2.1 For the benefit of the CGB Land the Secretary of State grants from the Effective Date to the Council the following rights at all times by day and night from the Effective Date:
2.1.1 the exclusive right to pass and repass by vehicles (with or without passengers) or on foot over and along each and every part of the Rights Areas;
2.1.2 the right to inspect, use, maintain, repair and clean the Rights Areas as necessary for the operation of the CGB;
2.1.3 the right to inspect, use, maintain, repair, clean, replace, alter and renew the CGB from within the Rights Areas;
2.1.4 the right to use any Conduits within or upon the Rights Area belonging to the Secretary of State together with and including the right to connect into and use the Conduits now or at any time during the Perpetuity Period laid under or across the Rights Area provided that no material increase in run- off of surface water drainage shall be directed into the Conduits without the Secretary of State’s consent (such consent not to be unreasonably withheld having regard to the capacity of the Conduits);
2.1.5 the right to install (within the Perpetuity Period) new ducts or cables within or upon the Rights Areas subject to the approval of the Secretary of
4 6840650.02 6/05/2010
State (such approval not to be unreasonably withheld or delayed) such cables to be for the purposes of passage of energy and/or communications and to be solely and exclusively used for the operation of the CGB;
2.1.6 the right to discharge surface water running off the Rights Areas onto the Secretary of State’s Land adjoining any part of the Rights Areas either through the Conduits or such other system of drainage as the Secretary of State shall approve (such approval not to be unreasonably withheld or delayed having regard to the capacity of the Conduits);
2.1.7 such right of support and protection as currently enjoyed in its present state from the Secretary of State’s Land while the Rights Areas are used for the CGB (but this shall not imply any right of support from mines and minerals not vested in the Secretary of State)
2.2 The Rights shall be exercisable from the Effective Date.
2.3 Any of the Rights expressed to be granted to the Council shall nevertheless be subject to the right of the Secretary of State to enter the Rights Areas in accordance with and subject to the terms of the Overarching Agreement and any Asset Protection Agreement.
3 The Council’s Obligations
3.1 The Council for itself and its successors in title to the CGB Land covenants with the Secretary of State so as to bind the CGB Land on which the CGB is constructed into whosoever hands it may come and for the benefit of the Secretary of State’s Land to observe and perform at all times after the date of this Deed the following stipulations and restrictions:
3.1.1 To comply with any requirements under any present or future Act of Parliament or the laws and regulations of any local authority governmental or similar body in relation to the Rights (with the exception of the Right referred to in clause 2.1.7).
3.1.2 Forthwith upon the receipt of any notice or order or any proposal for the same from a local authority governmental or similar body relating to the Rights or their exercise to give full particulars of it to the Secretary of State and if required produce such notice order or proposal to the Secretary of State and at the Council’s own cost at the request of the Secretary of State to make or join with the Secretary of State in making any objection or representation (unless contrary to the Council’s interest) against or in respect of any such notice order or proposal as the Secretary of State shall reasonably require.
3.1.3 To comply with its obligations under the Overarching Agreement and any Asset Protection Agreement; and
6840650.02 6/05/2010 5
3.1.4 Not without the prior written consent of the Secretary of State (such consent not to be unreasonably withheld or delayed) to give bargain sell assign sublet charge or otherwise deal with this Deed or the benefits or obligations arising under or in respect of it;
3.1.5 In the event of the Council disposing of its entire interest in the whole or part of the CGB Land, to procure a covenant by its successor in favour of the Secretary of State to observe and perform the Council’s obligations and the conditions contained in this Deed (in the case of a disposal of part of the CGB Land so far as they affect or concern that part) and, on the procuring of such a covenant, the Council shall cease to be liable under this Deed to that extent but without prejudice to any liability of the Council then subsisting or the liability of the Council’s successor pursuant to such covenant;
3.1.6 At all times to maintain public liability insurance in respect of the use of the Rights Areas at its own expense in the minimum sum of £[ ] million (or such other sum as may from time to time be prescribed by the Secretary of State) and provide evidence that such policy is in force from time to time.
4 The Secretary of State’s Obligations
4.1 The Secretary of State for itself and its successors in title to the Secretary of State’s Land, covenants with the Council so as to bind the Secretary of State’s Land adjoining the Rights Areas into whosoever hands it may come and for the benefit of the CGB (and every part thereof) to observe and perform at all times after the date of this Deed the following stipulations and restrictions:
4.1.1 To comply with any requirements under any present or future Act of Parliament or the laws and regulations of any local authority governmental or similar body in relation to the Right referred to in clause 2.1.7);
4.1.2 To effect and maintain at all times adequate insurance in respect of the Rights Area and any of its structures against damage caused by storm, slippage, fire, tempest, flood, earthquake, lightening, explosion Provided Always that the Secretary of State (in this case not including a successor) may discharge its obligations by self insuring;
4.1.3 In the event of any damage to or destruction of any part of the Rights Areas or structures upon the same by any of the risks referred to in clause 4.1.2 above the Secretary of State shall reinstate the affected part of the Rights Areas or such structures (as the case may be) so far as such reinstatement is appropriate provided always that any reinstated Rights Areas or such structures may be different as originally granted so long as the difference shall not materially adversely affect the safe efficient and economic use of the CGB;
6 6840650.02 6/05/2010
4.1.4 To ensure that the rights granted under this Deed are not impeded;
4.1.5 Not to do anything or suffer anything to be done on the Secretary of State’s Land or any land owned, occupied or used by the Secretary of State that will adversely affect the rights granted under this Deed; and
4.1.6 Not to do or cause to be done anything in or upon the Secretary of State’s Land or any land owned and occupied or used by the Secretary of State that might lessen or diminish the support, shelter or protection now given or afforded to the Rights Areas (or any part thereof).
5 Liability
5.1 The Council shall be taken to have inspected fully the Rights Areas and satisfied itself as to the condition and suitability of the same for the CGB and the Secretary of State shall not be responsible for any damage or injury which may happen to the CGB nor for any interference with the user thereof caused by the condition or unsuitability of the Rights Area save in so far as it may be caused by any alteration in the condition of or anything done on the Secretary of State’s Land after the date of this Deed or caused by any breach by the Secretary of State of its obligations to the Council.
5.2 The Secretary of State shall have no liability to the Council for any closure of the CGB where the same is due to Force Majeure however caused or incurred which affects the exercise of the Rights, Provided That in the event of Force Majeure the Secretary of State will use reasonable endeavours to rectify such situation of Force Majeure with all expediency or minimise its effects (as appropriate).
5.3 The Council will indemnify and keep indemnified the Secretary of State against the consequences of any claims proceedings or suits made against the Secretary of State by any third party in respect of:
5.3.1 all or any losses damages costs charges and expenses of whatever nature including without limitation damages for personal injury (whether fatal or otherwise); and
5.3.2 loss or damage to property including property of the Secretary of State;
arising as a consequence of (and except to the extent that the same is directly attributable to any act or default of the Secretary of State its servants or agents)
(a) the breach by the Council of any of the obligations on its part or the conditions contained in this Deed; or
(b) the negligent act omission or default of the Council during the course of exercise of the Rights.
5.4 A party shall not be responsible for, or be obliged to indemnify the other party pursuant to this Deed if and to the extent that:
6840650.02 6/05/2010 7
5.4.1 any liability is due to any act or omission of that party of which the other party is or ought reasonably to be aware as at the date of this Deed;
5.4.2 the other party is or ought reasonably to be aware of the existence of the liability as at the date of this Deed; or
5.4.3 any liability is caused by the wilful misconduct or default of the other party or by breach by the other party of its obligations under this Deed, the Overarching Agreement or any Asset Protection Agreement.
5.5 In relation to the indemnities given under this Deed, the party to be indemnified (in this clause the non-defaulting party ) shall:
5.5.1 give prompt notice in writing to the other (in this clause the defaulting party ) of any claim being made or action threatened in writing or brought against the non-defaulting party;
5.5.2 (at the cost of the defaulting party) take any action relevant insurers may reasonably request to dispute the matter or enforce rights against any person;
5.5.3 not admit liability to any third party or settling the matter without the prior written consent of the defaulting party (such consent not to be unreasonably withheld); and
5.5.4 permit the defaulting party (at the defaulting party’s expense) to conduct any litigation that may ensue and all negotiations for settlement of the claim provided always that in the event that the defaulting party exercises its entitlement so to do the defaulting party shall keep the non-defaulting party fully notified at all times of the progress of the litigation or negotiations (as the case may be) and shall give the non-defaulting party reasonable opportunity to consider and comment upon any material decisions to be taken in respect thereto and shall have reasonable regard to any reasonable comments which the non-defaulting party shall make.
6 The Rights Area Infrastructure
6.1 Subject to clause 8.3, it is agreed that none of the Rights Area Infrastructure installed by or with the authority of the Council on the Rights Area shall be or become vested in the Secretary of State and the same shall continue to belong to the Council who shall be entitled to remove the same at any time.
7 Emergencies
7.1 For the purpose of this clause 7, an emergency shall be taken to arise in the case of any incident on the CGB which necessitates or is likely to necessitate suspension of or any material delay to normal operations of the CGB or otherwise to endanger any such operations.
8 6840650.02 6/05/2010
7.2 In the event of an emergency arising—
7.2.1 the Council will follow the procedures set out in the CCC Control Handbook Incidents Playbook; and
7.2.2 the Rights Area may be used to facilitate the emergency evacuation of passengers from services using the CGB or to provide access by the emergency services.
8 Termination
8.1 If none of the Rights in respect of the relevant Rights Area continue to be required by the Council then either party may at any time thereafter by service of not less than 6 months’ written notice on the other determine those Rights in relation to the relevant Rights Area and upon the expiry of such notice those Rights will cease in relation to the relevant Rights Area and (without prejudice to such termination) the parties shall on the request of either party (where appropriate) enter into a deed of variation supplemental to this Deed (a note of which will be endorsed hereon) in which there shall be identified the remaining Rights Area and the relevant Plan.
8.2 Termination of the Rights shall not prejudice or otherwise adversely affect accrued rights and liabilities of the parties.
8.3 On termination of the Rights in relation to the Rights Area:
8.3.1 the Council shall be entitled within a period of 2 years from the date of such termination to remove the Rights Area Infrastructure on the relevant Rights Area; and
8.3.2 the Secretary of State shall be entitled within a period of 2 years from the date of such termination to require the Council to remove the Rights Area Infrastructure on the relevant Rights Area and if the Council fail to remove such Rights Area Infrastructure within such reasonable timescale as is required by the Secretary of State then the Secretary of State may do so.
8.4 Such work shall be at the Council’s own cost and under the supervision (if so required) of a person appointed for that purpose by the Secretary of State and if any the Rights Area Infrastructure remains on the relevant Rights Area at the end of such period the Secretary of State may deal with it as it sees fit.
9 Statutory Protection
9.1 Nothing in this Deed shall prohibit or restrict the right of the Secretary of State to exercise its rights, powers, duties and obligations (statutory or otherwise) in carrying out essential repairs, dealing with highway accidents and other emergencies on the Secretary of State’s Land and otherwise in responding to circumstances which are unforeseen or beyond the Secretary of State’s control in order to ensure the
6840650.02 6/05/2010 9
resumption and/or continued safe use of the Secretary of State’s highway network. Provided always that in exercising its rights under this clause 9 the Secretary of State shall:
9.1.1 take into account the circumstances prevailing at the time and act in a reasonable manner;
9.1.2 comply with the requirements of the Overarching Agreement and any Asset Protection Agreement; and
9.1.3 use all reasonable endeavours not to breach its obligations under this Deed save where it has no reasonable practicable alternative but to do so.
10 Disposal of Land
10.1 The Secretary of State shall on any disposal of or creation of any interest in the whole or any part of the Rights Area ensure that such disposal or creation is expressed to be subject to the provisions of this Deed as amended (if at all) in accordance with clause 8.
10.2 In the event of the Secretary of State disposing of its entire interest in the whole or part of the Rights Area the Secretary of State shall procure a covenant by its successor in favour of the Council to observe and perform the Secretary of State’s obligations and the conditions contained in this Deed (in the case of a disposal of part of a Rights Area so far as they affect or concern that part) in which case the Secretary of State shall cease to be liable under this Deed to that extent but without prejudice to the liability of the Secretary of State’s successor pursuant to such covenant.
11 Payment of Sums under this Deed
11.1 All sums properly due and payable by either party under the provisions of this Deed shall be paid within 20 Working Days of written demand therefor supported by reasonable evidence of cost or expenditure (and either party shall at their own cost be allowed to inspect the others records supporting any claims for reimbursement) and accompanied where appropriate with a VAT invoice and interest shall be payable at 4% above the HSBC’s base lending rate from time to time in force in the event of non-payment within the relevant period such interest to be calculated from the date of expiration of such period until the date on which payment in full shall be made.
11.2 All amounts due under this Deed are exclusive of VAT.
11.3 If any supply made or referred to in this Deed is or becomes chargeable to VAT then the person receiving the supply shall in addition pay the person making the supply the amount of that VAT against receipt of a proper VAT invoice in respect of that supply.
11.4 Where under this Deed any amount is calculated by reference to any sum which has or may be incurred by any person the amount shall include any VAT in respect of that
10 6840650.02 6/05/2010
amount only to the extent that such VAT is not recoverable as input tax by that person (or a member of that same VAT group) whether by set-off or repayment.
11.5 Each party shall provide the other with any information reasonably requested in relation to the amount of VAT chargeable in accordance with this Deed.
12 No Derogation from Grant
12.1 The Secretary of State covenants not to alter or tamper with any Rights Area Infrastructure on the Rights Area other than as is absolutely necessary for the purposes of an emergency or pursuant to its rights under the Overarching Agreement or any Asset Protection Agreement. Subject thereto no exercise by the Secretary of State of his powers in respect of the highway network shall be treated as in derogation of grant by the Secretary of State under this Deed.
13 Severability
13.1 If any term or provision of this Deed is held to be invalid, illegal or unenforceable, in whole or in part, under any enactment or rule of law or otherwise, such term or provision shall to that extent be deemed not to form part of this Deed but the validity and enforceability of the remainder of this Deed shall continue in full force and effect.
14 Serving of Notices
14.1 All notices or other communications under this Deed to any party to this Deed shall subject to clause 14.2 be deemed to be duly given or made:
14.1.1 when delivered (in the case of personal delivery or recorded delivery post);
14.1.2 three days after posting (in the case of first class post); or
14.1.3 when given (in the case of facsimile transmission where a relevant answer back is received or confirmation of completed transmission is produced)
in each case to such party addressed to it at the address or fax number as specified below:
The Secretary of State: 1st Floor Woodlands Manton Lane Bedford MK41 7LW Tel: [to be provided] Fax: [to be provided]
6840650.02 6/05/2010 11
All written notices to be marked: [to be provided]
The Council: Cambridgeshire Guided Busway Cambridgeshire Country Council Castle Hill Shire Hall Cambridge CB3 0AP Tel: 01223 716972 Fax: 01223 717201 All written notices to be marked: ‘URGENT: ATTENTION OF THE CAMBRIDGESHIRE GUIDED BUSWAY HEAD OF SERVICE’
or at such address or facsimile number as such party may after the date of this Deed notify to the other party for such purpose.
14.2 A notice or other communication otherwise deemed to be duly given or made under clause 14.1 on a non Working Day or after 5:30 pm in the place of receipt shall be deemed to be duly given or made on the next following Working Day in such place.
15 Variation or Waiver
15.1 No modification variation or amendment of any provision of this Deed shall be effective unless in writing and signed by a duly authorised representative of each party.
15.2 No waiver of any breach or default under this Deed or any of the terms hereof shall be effective unless such waiver is given in writing and has been signed by the party waiving its entitlement. No waiver of any breach or default in accordance with this clause 15.1 shall (unless it expressly so provides) constitute a waiver of any other or subsequent breach or default.
16 Successors and Assigns
16.1 This Deed shall be binding upon and shall enure to the benefit of the parties and their respective legal successors and permitted assigns.
17 Governing Law
17.1 This Deed shall be governed by and construed in accordance with English Law and subject to clause 18.1 the parties hereby submit to the exclusive jurisdiction of the English Courts.
12 6840650.02 6/05/2010
18 Disputes
18.1 Any dispute or difference arising out of or in connection with this Deed (other than in connection with a matter on which a decision which has been made is provided by this Deed to be final and conclusive) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
19 Contracts (Rights of Third Parties) Act 1999
19.1 This Deed gives no rights under the Contracts (Rights of Third Parties) Act 1999 but this does not affect any rights or remedy of a third party which exist or are available apart from that Act.
This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it.
6840650.02 6/05/2010 13
SCHEDULE 1
Plan
14 6840650.02 6/05/2010
SCHEDULE 2
CCC Control Handbook Incidents Playbook
6840650.02 6/05/2010 15
Executed as a deed by the SECRETARY ) OF STATE FOR TRANSPORT in the ) presence of: )
...... Authorised signatory
...... Authorised signatory
Executed as a deed by affixing the ) common seal of CAMBRIDGESHIRE ) COUNTY COUNCIL ) in the presence of )
...... Director
...... Director or Secretary
16 6840650.02 6/05/2010