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The Planning Act 2008 the A160/A180 (Port of Immingham

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The Planning Act 2008 the A160/A180 (Port of Immingham The Planning Act 2008 The A160/A180 (Port of Immingham Improvement) Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport _______________________________________ Mary O'Rourke BA(Hons) DipTP MRTPI Examining Authority The Examining Authority’s findings and conclusions and recommendation in respect of an application for a Development Consent Order to upgrade the existing single carriageway section of the A160 to dual carriageway with associated junction improvements along the length of the route, at South Killingholme to the west of the Port of Immingham. Report to the Secretary of State for Transport The A160/A180 (Port of Immingham Improvement) This page intentionally left blank Report to the Secretary of State for Transport The A160/A180 (Port of Immingham Improvement) File Ref: TRO10007 . The application, dated 8 January 2014, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 8 January 2014. The applicant is the Highways Agency. The application was accepted for examination on 27 January 2014. The examination of the application began on 25 April 2014 and was completed on 4 September 2014. The development proposed comprises: . Upgrade of the Brocklesby Interchange to an oval two bridge roundabout layout, including a dedicated left turn lane for vehicles travelling from the eastbound A180 to the A160. Upgrade of the single carriageway section of the A160 to dual carriageway standard. Relocation of Habrough Roundabout to the west of its current position with new link roads provided to Ulceby Road, Top Road and Habrough Road. Closure of the central reserve gap on the A160 at the junction with Town Street and partial closure of the gap at the entrance to the oil refinery. Provision of a new road bridge at Town Street to provide vehicle and pedestrian access between the two parts of South Killingholme. Provision of a new gyratory carriageway system between Manby Road Roundabout, Rosper Road Junction and the Port of Immingham, requiring the construction of a new link road and bridge beneath the railway. Localised diversion of third party gas pipelines that cross beneath the existing A160. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form attached. Report to the Secretary of State The A160/A180 (Port of Immingham Improvement) 1 Section Contents 1 INTRODUCTION ........................................................................... 3 2 MAIN FEATURES OF THE SITE AND THE PROPOSAL .......................... 5 3 LEGAL AND POLICY CONTEXT ...................................................... 11 4 FINDINGS AND CONCLUSIONS IN RELATION TO POLICY AND FACTUAL ISSUES ..................................................................................... 21 MAIN ISSUES ......................................................................... 21 5 FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS REGULATIONS ........................................................................... 69 6 OVERALL CONCLUSION AND RECOMMENDATION ON THE CASE FOR DEVELOPMENT CONSENT ............................................................ 74 7 COMPULSORY ACQUISITION AND OTHER LAND MATTERS ............... 76 8 DRAFT DEVELOPMENT CONSENT ORDER ...................................... 100 9 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ................ 117 Appendices Contents A. EXAMINATION LIBRARY B. EVENTS IN THE EXAMINATION C. LIST OF ABBREVIATIONS D. RECOMMENDED DEVELOPMENT CONSENT ORDER E. REPORT ON IMPLICATIONS FOR EUROPEAN SITES Report to the Secretary of State The A160/A180 (Port of Immingham Improvement) 2 1 INTRODUCTION 1.1 The application is made by the Highways Agency (HA) and is for the A160/A180 (Port of Immingham Improvement) Development Consent Order (DCO) which would grant powers to upgrade the existing single carriageway section of the A160 to dual carriageway, with associated junction improvements along the length of the route between the junction with the A180 at Brocklesby Interchange and the Port. 1.2 On 17 March 2014 I was appointed to be the Examining Authority (ExA) for the examination of this application. 1.3 I have considered and am satisfied that the application is for a nationally significant infrastructure project (NSIP) for the purposes of section 14(1)(h) and section 22 of the Planning Act 2008 (PA2008) as amended by the Highway and Railway (Nationally Significant Infrastructure Project) Order 2013. This is because the project relates to the improvement and alteration of a highway (section 22(1)(b) and (c)); is located wholly in England and the Secretary of State is the highway authority (section 22(3)(a), (3)(b), (5)(a) and (5)(b)); it is likely to have a significant effect on the environment (section 22(5)(c)); and is greater than the relevant limit of 12.5 hectares (ha)(section 22(3)(c) and (4)(b)). 1.4 The main events of the examination and procedural decisions taken during the examination are listed in Appendix B. I held a Preliminary Meeting on 24 April 2014. As set out in the timetable I held an open floor hearing on 15 July 2014 at The Ashbourne Hotel, North Killingholme. I held an issue specific hearing on the draft DCO on 16 July 2014 at the same venue. A hearing into the proposed compulsory acquisition was held on 17 July 2014. 1.5 In addition to a number of unaccompanied site visits to see the existing road, the line of the new dual carriageway and the surrounding area, I carried out an inspection of the site in the company of the HA and interested parties on the morning of 15 July 20141. 1.6 Twenty three relevant representations were received from interested parties (IPs) within the statutory period and at the Preliminary Meeting I accepted four late representations2. These were from Eric Carnaby and Son of Holton Farm, South Killingholme; NATS Safeguarding; the Homes and Communities Agency; and English Heritage (EH). In addition, I exercised my power to make Phillip Simmonds, the new owner/occupier of 37 School Road, South Killingholme, an interested party in accord with the criteria under section 102A of the PA2008. In August 1 PI-010 is the itinerary and location plan for the accompanied site visit. 2 In accordance with Rule 10(3) of the Infrastructure Planning (Examination Procedure) Rules 2010. Report to the Secretary of State The A160/A180 (Port of Immingham Improvement) 3 2014 late representations were received on behalf of Centrica PLC3 and Royal Mail4. I accepted the latter as an interested party. Centrica PLC is a statutory undertaker with apparatus within the application boundary. 1.7 During the course of the examination and as a result of responses received from the HA including changes to the draft Order, the following statutory undertakers formally withdrew their objections: - Network Rail Infrastructure Ltd (NR), National Grid5, Environment Agency (EA), Anglian Water Services Ltd, and Centrica PLC6. An objection remains outstanding from SMart Wind Ltd (SMW) on behalf of Heron Wind Ltd. I deal in more detail with their concerns at Chapters 4 to 7 below and address whether sections 127 and 138 of the PA2008 are engaged. 1.8 In addition to consent required under the PA2008 (the subject of this report and recommendation), the proposed project needs other consents and permissions. These are described further in Chapter 2 below. 1.9 This report sets out in accordance with section 83(1)(b)(i) of the PA2008 my findings and conclusions in respect of the application and my recommendation to the Secretary of State (SoS) under section 83(1)(b)(ii) of the PA2008. I first describe the main features of the site and the proposed project (Chapter 2) before giving an outline of the policy and legal context for its consideration (Chapter 3). I then set out my findings and conclusions in relation to policy and factual issues (Chapter 4) and in relation to the Habitat Regulations7 (Chapter 5), before concluding in Chapter 6 with my recommendation on the case for granting development consent. In Chapter 7 I address the case made for compulsory acquisition and in Chapter 8 the detail of the draft DCO with my overall conclusions and recommendation on the application at Chapter 9. 3 D5-006 4 AR-009 5 National Grid Gas plc and National Grid electricity Transmission plc 6 CR-010, AR-007, D6-003, D6-001 and D6-004 7 The Conservation of Habitats and Species Regulations 2010 (as amended) SI 2010 No. 490 Report to the Secretary of State The A160/A180 (Port of Immingham Improvement) 4 2 MAIN FEATURES OF THE SITE AND THE PROPOSAL The site 2.1 The A160 is located on the south bank of the Humber Estuary. It is a trunk road and the strategic route linking the Port of Immingham via the A180/ M180 to the national motorway network. Whilst the A180 is a dual carriageway with grade separated junctions, the A160 is single carriageway for the 2km section that runs north east from the A160/A180 Brocklesby Interchange to the roundabout with the Habrough Road and Top Road. The A1077 Ulceby Road joins this section of the A160 from the west at a T junction by the Ulceby Truck Stop. East of the Habrough roundabout the A160 runs through the village of South Killingholme and is a dual carriageway for 2.5km with gaps in the central reserve at Town Street and at the Humber Oil Refinery with traffic signals at the Eastfield Road junction8. 2.2 Beyond the existing Manby Road roundabout the entrance to the Port (west gate) is reached via a 700m section of single carriageway under the freight railway line that serves the Port. Rosper Road is to the north with the Immingham West Fire Station on its western side. To the east beyond Rosper Road, there are open fields and marshland, including the Rosper Road Pools, designated as a Local Wildlife Site (LWS). The Humber Estuary is located approximately 1.4km to the east and is designated as a Site of Scientific Interest (SSSI), a Special Area of Conservation (SAC), a Special Protection Area (SPA), and a Ramsar site.
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