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East Sussex County Council: Bexhill to Hastings Link Road

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East Sussex County Council: Bexhill to Hastings Link Road The Planning Inspectorate Report to the Secretary of State Temple Quay House 2 The Square for Transport and the Secretary Temple Quay Bristol BS1 6PN of State for Communities and GTN 3171 8000 Local Government By C J Tipping MA(Cantab) An Inspector appointed by the Secretary of State Date: 12 March 2010 for Transport and the Secretary of State for Communities and Local Government HIGHWAYS ACT 1980 TOWN AND COUNTRY PLANNING ACT 1990 ACQUISITION OF LAND ACT 1981 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 EAST SUSSEX COUNTY COUNCIL THE BEXHILL TO HASTINGS LINK ROAD Inquiry opened: 10 November 2009 Ref: DN5054/55/7/08 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT FILE REF: DN5054/55/7/08 ___________________________________________________________________________________________ CONTENTS The Report Case Details 1 Preamble 1 Procedural and Legal Matters 2 Description of the Route and its Surroundings 4 The Case of East Sussex County Council 6 The Case of the Supporters 32 The Case of the Objectors 34 The Case of the Counter Objectors 58 The Response of the County Council 59 Modifications 81 Conclusions 82 Recommendations 107 The Annexes Annex A: Appearances 108 Annex B: Documents 111 PRINCIPAL ABBREVIATIONS USED IN THIS REPORT AADT: Annual Average Daily Traffic the Alliance: the Hastings Alliance AOD: Altitude over datum AONB: Area of Outstanding Natural Beauty AQMA: Air Quality Management Area Baldslow Link: The proposed reordering of the A21/A28 junction at Baldslow BCR: Benefit to Cost Ratio BHLR: Bexhill to Hastings Link Road BNAR: Bexhill Northern Approach Road CD: Core Document CEMP: Construction Environmental Management Plan DEFRA: Department of Food and Rural Affairs the Design Year: 2028 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT FILE REF: DN5054/55/7/08 ___________________________________________________________________________________________ DfT: Department for Transport DMRB: Design Manual for Roads and Bridges EA: Environment Agency EH: English Heritage EIA: Environmental Impact Assessment ES: Environmental Statement; References to the ES include any relevant ES Addenda ESCC: East Sussex County Council; also East Sussex County Council Document FPP: Five Point Plan HA/: Hastings Alliance core document number HBC: Hastings Borough Council IMD: Indices of Multiple Deprivation INQ/: Inquiry document Km: kilometre Kph: kilometres per hour LDF: Local Development Framework LEMP: Landscape and Ecological Management Plan LLO: Low or ground level ozone MSBC: Major Scheme Business Case NE: Natural England NEBBP: North East Bexhill Business Park NPV: Net Present Value OBJ: Objector (also OBJ/: objector document reference) OEMP: Operational Environmental Management Plan the Opening Year: 2013 the Planning CPO: The East Sussex County Council (Bexhill to Hastings Link Road)(Planning) Compulsory Purchase Order 2009 PPG: Planning Policy Guidance PPS: Planning Policy Statement /R/: ESCC rebuttal document RA: Regeneration Area RDC: Rother District Council RR: Regeneration Report Sea Space: Hastings and Bexhill Renaissance Limited t/a Sea Space SEB: Statutory environmental body SEEDA: South East England Development Agency SEP: South East Plan SNCI: Site of Nature Conservation Interest SOA: Super Output Area SSSI: Site of Special Scientific Interest SoCoMMS: South Coast Multi-Modal Study SoSCLG: Secretary of State for Communities and Local Government SoSfT: Secretary of State for Transport the SRO: The East Sussex County Council (Bexhill to Hastings Link Road) Side Roads Order 2009 the Transport CPO: The East Sussex County Council (Bexhill to Hastings Link Road) Compulsory Purchase Order 2009 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT FILE REF: DN5054/55/7/08 ___________________________________________________________________________________________ CASE DETAILS The East Sussex County Council (Bexhill to Hastings Link Road) Compulsory Purchase Order 2009 (“the Transport CPO”) was made on 4 February 2009 under sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976. The East Sussex County Council (Bexhill to Hastings Link Road) Side Roads Order 2009 (“the SRO”) was made on 14 January 2009 under sections 14 and 125 of the Highways Act 1980. The East Sussex County Council (Bexhill to Hastings Link Road)(Planning) Compulsory Purchase Order 2009 (“the Planning CPO”) was made on 4 February 2009 under section 226 of the Town and Country Planning Act 1990 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976. The Orders were made by East Sussex County Council (“ESCC”). ESCC applied to the Secretary of State for Transport for confirmation of the Transport CPO and the SRO and to the Secretary of State for Communities and Local Government for confirmation of the Planning CPO. The Transport CPO, if confirmed, would authorise ESCC compulsorily to purchase land and interests in land for the purposes of constructing the Bexhill to Hastings Link Road (“BHLR”). The SRO, if confirmed, would authorise ESCC to stop up private means of access and permanently to divert public rights of way. The Planning CPO, if confirmed, would authorise ESCC compulsorily to purchase land for the purposes of providing ecological compensation. Summary of Recommendations: I recommend that the Orders be confirmed, subject in the cases of the Transport and Planning CPOs to modifications. 1. PREAMBLE 1.1 I have been appointed to hold concurrent public inquiries into the above Orders and to report to the Secretary of State for Transport (“SoSfT”) in respect of the Transport CPO and the SRO, and to the Secretary of State for Communities and Local Government (“SoSCLG”) in respect of the Planning CPO. I hereinafter refer to the concurrent inquiries as “the inquiry”. The inquiry was held at the White Rock Theatre, Hastings on 13 days between 10 November and 2 December 2009. I held a pre-inquiry meeting on 3 September 2009 at the de la Warr Pavilion, Bexhill. 1.2 I made unaccompanied inspections of the route of the proposed link road and of sites affected by the proposals on 2 and 3 September 2009. I remained in the area throughout the first three weeks of the inquiry, including during the intervening weekends, and was able during that period to make myself familiar with the area. I made formal accompanied site inspections on the opening day of the inquiry, 10 November, and 1 December 2009. 1.3 There were 15 letters of support for the scheme, and 2 supporters appeared at the inquiry. Including those submitted late, 297 written objections to the scheme were received, though this total includes a small number of 1 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT FILE REF: DN5054/55/7/08 ___________________________________________________________________________________________ duplications. Some 130 of these objections took the form of duplicated standard letters to which objectors had added their name and address. The letters of support and objection are to be found in INQ/4a and /4b. 56 letters of counter-objection were generated by the advertisement of the alternative routes proposed by objectors, and these are to be found in INQ/3. 1.4 Six of the objections were from freehold owners of land affected by the compulsory acquisition proposals, and all save one of these had been withdrawn, together with three other objections, by the time the inquiry closed. The letters of withdrawal are in INQ/2. The objection of Network Rail (OBJ010) having been withdrawn by letter dated 4 November 2009, there are no subsisting objections from statutory bodies or statutory undertakers. 31 objectors appeared or were represented at the inquiry, including 3 objectors who appeared only to cross-examine ESCC witnesses. 5 counter-objectors to alternative routes proposed by objectors appeared or were represented at the inquiry. 1.5 It was confirmed on behalf of ESCC that all statutory formalities had been complied with. Compliance details are set out in Document ESCC/INQ/2a. One procedural application and one legal submission were made. These are addressed in section 2. There were no costs applications. 1.6 The main grounds of objection are that the need for the BHLR has not been satisfactorily established, that potential alternative solutions have not been fully identified or assessed, that the road would have unacceptably adverse environmental and other impacts, that the economic assessment of the road is unreliable, that the BHLR would have unacceptable impacts on other parts of the local road network, and that ESCC has failed adequately to consult or to take into account local public opinion. The general points of objection are more fully set out in section 6.1. 1.7 The remaining sections of this report contain a report of procedural and legal matters, a brief description of the route of the BHLR and the surrounding area, the gist of the cases presented, and my conclusions and recommendation. Lists of appearances and documents are appended. 2. PROCEDURAL AND LEGAL MATTERS 2.1 The inquiry was conducted under the Compulsory Purchase (Inquiries Procedure) Rules 2007 (S.I. No. 3617 of 2007). The following procedural issue arose. 2.2 By written statement dated 30 November 2009, Mr M Sullivan (OBJ265) applied for an adjournment of the
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