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A5-M1 Link Dunstable Northern Bypass Report

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A5-M1 Link Dunstable Northern Bypass Report Report to the Secretaries of State for Transport and for Communities and Local Government by David Wildsmith BSc(Hons) MSc CEng MICE FCIHT MRTPI an Inspector appointed by the Secretaries of State for Transport and for Communities and Local Government Date: 28 June 2012 HIGHWAYS ACT 1980 ACQUISITION OF LAND ACT 1981 THE M1 MOTORWAY (A5–M1 LINK DUNSTABLE NORTHERN BYPASS CONNECTING ROADS) SCHEME 20 .. THE A5 TRUNK ROAD (A5–M1 LINK DUNSTABLE NORTHERN BYPASS) SIDE ROADS ORDER No. 1. 20 .. THE A5 TRUNK ROAD (A5–M1 LINK DUNSTABLE NORTHERN BYPASS) SIDE ROADS ORDER No. 2. 20 .. THE A5 TRUNK ROAD (A5–M1 LINK DUNSTABLE NORTHERN BYPASS) ORDER 20 .. THE A5 TRUNK ROAD (A5–M1 LINK DUNSTABLE NORTHERN BYPASS) (DETRUNKING) ORDER 20 .. THE A5 TRUNK ROAD (A5-M1 LINK DUNSTABLE NORTHERN BYPASS) COMPULSORY PURCHASE ORDER No 1 (HA No…..…….) 20 .. THE A5 TRUNK ROAD (A5-M1 LINK DUNSTABLE NORTHERN BYPASS) COMPULSORY PURCHASE ORDER No 2 (HA No…..…….) 20 .. EXCHANGE LAND CERTIFICATE Dates of Inquiries: 7 February 2012 to 2 March 2012 Ref: DPI/B0230/10/11 TABLE OF CONTENTS Page Case Details 1 1 Introduction 2 2 Description of the Site and its Surroundings 6 3 The Case for the Highways Agency 7 4 The Cases for the Supporters 24 5 The Cases for the Objectors 27 6 Additional Representations 38 7 The Case for the Counter-Objectors 40 8 The Response of the Highways Agency 44 9 Conclusions 68 10 Recommendations 97 Appendix 1: Appearances 98 Appendix 2: Document List 99 Appendix 3: Details of withdrawn objections/representations, and 111 unused reference numbers Appendix 4: Explanatory note on the procedural matters concerning 112 Mr M A Sullivan’s Objection (Obj 30) ACRONYMS AND ABBREVIATIONS USED IN THE REPORT AADT Annual Average Daily Traffic AONB Area of Outstanding Natural Beauty AQMA Air Quality Management Area AR Alternative Route BCR Benefit Cost Ratio BMV Best and Most Versatile BOAT Byway Open To All Traffic CBC Central Bedfordshire Council CEMP Construction Environmental Management Plan CO Counter-objector CPO Compulsory Purchase Order CRS Connecting Roads Scheme CWS County Wildlife Site dB Decibels DD Deposited Document DfT Department for Transport DMRB Design Manual for Roads and Bridges Doc Document ES Environmental Statement GM General Motors UK Limited ha Hectares HCC Hertfordshire County Council HGV Heavy goods vehicle HS2 High speed railway link HSR Hard shoulder running km Kilometres kph Kilometres per hour LBC Luton Borough Council LDF Local Development Framework LNB Luton Northern Bypass LSMMMS London to South Midlands Multi-Modal Study m Metres mph miles per hour NMU Non-motorised user The Framework The National Planning Policy Framework NPV Net present value NSIPs Nationally Significant Infrastructure Projects PIM Pre-inquiry meeting PMA Private means of access PMS Programme of Major Schemes PPG Planning Policy Guidance Note PPS Planning Policy Statement PRoW Public Rights of Way Obj Objection Rep Representation RSS Regional Spatial Strategy sqm Square metres SR Spending Review SRO Side Roads Order SSD Stopping Sight Distance SSSI Site of Special Scientific Interest Sup Supporter TPI Targeted Programme of Improvements vpd Vehicles per day WSC Woodside Connection REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT & COMMUNITIES AND LOCAL GOVERNMENT FILE REF: DPI/B0230/10/11 CASE DETAILS The Connecting Road Scheme For the draft Connecting Road Scheme the draft Order would be made under Sections 16, 17 and 19 of the Highways Act 1980 (DD16), and is known as the M1 Motorway (A5-M1 Link Dunstable Northern Bypass Connecting Roads) Scheme 20.. o The Order was published on 9 December 2009. o The Order would authorise the new slip roads to be constructed, connecting the motorway with the proposed A5-M1 Link Road at Junction 11A. Summary of Recommendation: that the Scheme be approved as drafted. The Side Roads Orders The draft Side Roads Orders would be made under Sections 12, 14 and 125 of the Highways Act 1980, and are known as the A5 Trunk Road (A5-M1 Link Dunstable Northern Bypass) Side Roads Order No 1 20.. , and the A5 Trunk Road (A5-M1 Link Dunstable Northern Bypass) Side Roads Order No 2 20.. o The Orders were published on 9 December 2009. o The Orders would provide for roads, accesses and Public Rights of Way (PRoWs) adjoining or crossing the trunk road to be altered or diverted as necessary. They would also authorise the Secretary of State to provide new means of access and alterations to existing highways, footpaths and Private Means of Access (PMA) to premises as necessary. Summary of Recommendations: that the Orders be made with modifications. The Trunk Road (Line) Order The draft Trunk Road (Line) Order would be made under Sections 10 and 41 of the Highways Act 1980, and is known as the A5 Trunk Road (A5-M1 Link Dunstable Northern Bypass) Order 20.. o The Order was published on 9 December 2009. o The Order would authorise the construction of a new section of trunk road or trunk road slip roads. Summary of Recommendation: that the Order be made as drafted. The Detrunking Order The draft Detrunking Order would be made under Section 10 of the Highways Act 1980, and is known as the A5 Trunk Road (A5-M1 Link Dunstable Northern Bypass) (Detrunking) Order 20.. o The Order was published on 9 December 2009. o The Order would provide that the lengths of the trunk road to be superseded by the new trunk road shall cease to be trunk road. They shall 1 REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT & COMMUNITIES AND LOCAL GOVERNMENT FILE REF: DPI/B0230/10/11 be re-classified as classified roads, as from the date on which the new trunk road on the main route is open for traffic. Summary of Recommendation: that the Order be made as drafted. The Compulsory Purchase Orders The draft Compulsory Purchase Orders are made under Sections 239, 240 and 246 of the Highways Act 1980, as extended and supplemented by section 250 of that Act, and section 2 of the Acquisition of Land Act 1981. They are known as the A5 Trunk Road (A5-M1 Link Dunstable Northern Bypass) Compulsory Purchase Order No 1 (HA No…..…….) 20.. , and the A5 Trunk Road (A5-M1 Link Dunstable Northern Bypass) Compulsory Purchase Order No 2 (HA No…..…….) 20.. o The Orders were published on 9 December 2009. o The Orders would authorise the compulsory acquisition of all the land needed to construct the new trunk road and associated junctions and for all necessary alterations to side roads as provided by the above mentioned Scheme and draft Side Roads Orders. Summary of Recommendations: that the Orders be made with modifications. The Exchange Land Certificate Notice of intention to issue a Certificate under Section 19(1)(b) of the Acquisition of Land Act 1981. o The Notice was published on 9 December 2009. o The Certificate allows for development to take place in a small area designated as Public Open Space without the need to provide Exchange land. The Certificate is required in connection with the draft A5 Trunk Road (A5-M1 Link Dunstable Northern Bypass) Compulsory Purchase Order No 2 (HA No…..…….) 20.. Within this draft Compulsory Purchase Order there are 3 areas of land which fall within an area designated as Public Open Space by Luton Borough Council. These areas amount to a total of 196sqm and are required for either a private means of access or for working space to construct the private means of access. Summary of Recommendation: that the Certificate under section 19(1)(b) of the Acquisition of Land Act 1981 be issued as drafted. 1 INTRODUCTION 1.1 On 9 December 2009, the Secretary of State for Transport published a draft Connecting Roads Scheme (CRS) (Deposit Document (DD) 14); 2 draft Side Roads Orders (SRO No 1 & SRO No 2) (DD12 & DD13); a draft Line Order (DD10), and 2 draft Compulsory Purchase Orders (CPO No 1 & CPO No 2) (DD8 & DD9) for the provision of a new dual-carriageway to run from the existing A5 trunk road, north of the A505 roundabout, to a new junction on the M1 motorway south-east of Chalton. This is referred to as the proposed A5-M1 Link Dunstable Northern Bypass, or simply the A5-M1 Link. In addition the Secretary of State published a draft Detrunking Order (DD11) relating to that 2 REPORT TO THE SECRETARIES OF STATE FOR TRANSPORT & COMMUNITIES AND LOCAL GOVERNMENT FILE REF: DPI/B0230/10/11 length of existing A5 trunk road between the M1 Junction 9 and the proposed roundabout at the western end of the above road. 1.2 As part of the proposals, development needs to take place in a small area which is designated as Public Open Space. A Notice of Intention to issue a Certificate under Section 19(1)(b) of the Acquisition of Land Act 1981 has therefore been given by the Secretary of State for Communities and Local Government (DD15). Together, these 6 Orders, one Scheme and the Exchange Land Certificate define the “Published Scheme” (sometimes referred to as “the Scheme”) which is the subject of this report. 1.3 On 9 December 2009, the Highways Agency also published an Environmental Statement (ES – DD1), under Section 105A of the Highways Act 1980, in relation to the proposed Scheme. I have taken account of this document, together with the objections and representations made, in arriving at my recommendations. All other environmental information submitted in connection with the Published Scheme, including that arising from questioning at the inquiries, has also been taken into account. 1.4 The inquiries into objections to the Scheme and Orders, originally scheduled for June 2010, were postponed pending the results of the 2010 Spending Review (SR) (DD187).
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