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East West Rail Bicester to Bedford Improvements) Order 201[ ]

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Report to the Secretary of State for Transport and the Secretary of State for Housing, Communities and Local Government by Martin Whitehead LLB BSc(Hons) CEng MICE an Inspector appointed by the Secretary of State for Transport and the Secretary of State for Housing, Communities and Local Government Date: 1 October 2019 TRANSPORT AND WORKS ACT 1992 ACQUISITION OF LAND ACT 1981 TOWN AND COUNTRY PLANNING ACT 1990 PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 NETWORK RAIL (EAST WEST RAIL BICESTER TO BEDFORD IMPROVEMENTS) ORDER 201[ ] APPLICATION FOR DEEMED PLANNING PERMISSION APPLICATIONS FOR LISTED BUILDING CONSENT Date of Inquiry: 6 February 2019 Ref: TWA/17/APP/05 TABLE OF CONTENTS Abbreviations & Glossary ............................................................................... 1 Case Details .................................................................................................. 6 1. Preamble ............................................................................................. 8 2. Description of the Order Land/Site and its Surroundings .......................... 15 3. The Case for the Applicant (Network Rail Infrastructure Limited) ............... 18 4. The Cases for the Supporters ............................................................... 63 5. The Cases for the Objectors ................................................................. 78 6. Other Representations ........................................................................170 7. Rebuttals by the Applicant ...................................................................176 8. Inspector’s Conclusions .......................................................................294 9. Recommendations ..............................................................................350 Appendix A– Appearances ............................................................................352 Appendix B– Inquiry Documents ...................................................................356 Appendix C- Suggested Conditions for Deemed Planning Permission ..................375 Appendix D- Suggested Conditions for Listed Building Consent .........................384 Appendix E- Costs Application .......................................................................387 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT File Ref: TWA/17/APP/05 ___________________________________________________________________________________________ ABBREVIATIONS & GLOSSARY ALCRAM All Level Crossings Risk Assessment Model Applicant Network Rail Infrastructure Limited AVDC Aylesbury Vale District Council AVP Aylesbury Vale Parkway AWE Arnold White Estates Ltd, Cloud Wing UK Ltd and Hanson Packed Products Ltd (OBJ 153) BBC Bedford Borough Council BBM Bletchley to Bedford Midland (Engineering Line Reference) BBOWT Berkshire, Buckinghamshire and Oxfordshire Wildlife Trust (OBJ 181) BCC Buckinghamshire County Council BCR Benefit/Cost Ratio BFO Bletchley Flyover (Engineering Line Reference) BNS Biological Notification Site BOA Biodiversity Opportunity Area BTVLEP Buckinghamshire Thames Valley Local Enterprise Partnership CBC Central Bedfordshire Council CDC Cherwell District Council CFSA Compensatory Flood Storage Area CoCP Code of Construction Practice (the) Crichel Down Rules Compulsory purchase process and the Crichel Down Rules for the disposal of surplus land acquired by, or under the threat of, compulsion (published on 29 October 2015, updated on 28 February 2018) (further updated by Guidance on Compulsory purchase process and The Crichel Down Rules, July 2019) CTMP Construction Traffic Management Plan Page 1 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT File Ref: TWA/17/APP/05 ___________________________________________________________________________________________ dB The decibel logarithmic unit of noise measurement dBLAeq The equivalent continuous sound which would contain the same sound energy as the time varying sound dBLAmaxF The maximum A-weighted noise level (dB) recorded in a given period with the sound level meter set with a fast time weighting DCO(s) Development Consent Order(s) (the) Deeleys Michael Deeley, Audrey Deeley, Peter Deeley, William Deeley, Simon Deeley of the M R Deeley and Son Partnership (OBJ 183) Defra Department for Environment, Food & Rural Affairs DfT Department for Transport DHF Denbigh Hall Flyover (Engineering Line Reference) EA Environment Agency ECS Ecological Compensation Site EEHSA England’s Economic Heartlands Strategic Authority EIA Environmental Impact Assessment ES Environmental Statement submitted with the application for the TWAO EWR East West Rail (between Oxford and Cambridge) EWR2 East West Rail Western Section Phase 2 EWRC East West Rail Consortium EWRCo East West Railway Company FCS Favourable Conservation Status FDL Fresh Direct (UK) Limited (OBJ 152) FEI Further Environmental Information provided in support of the Order Page 2 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT File Ref: TWA/17/APP/05 ___________________________________________________________________________________________ FLP Fox Land & Property Ltd (OBJ 154) FOC Freight Operating Company GCN Great Crested Newts Gladman M Spooner & D Spooner (OBJ 228), Gladman Developments Limited (OBJ 229), J E Spooner (OBJ 230) and G W Fox (OBJ 231) GRIP Governance for Railway Investment Projects GSM-R mast Global System for Mobile Communications–Railway mast ha hectares H C Stock Will (the) Trustees of the H C Stock Will Trust HE Highways England HGV Heavy Goods Vehicle HS2 High Speed Rail Phase 2 HS2 Act High Speed Rail (London West Midlands) Act 2017 km Kilometres LBC Luton Borough Council LCA Landscape Character Area LEP Local Enterprise Partnerships LGV Light Goods Vehicle LOAEL Lowest Observed Adverse Effect Level (Noise) LPA Local Planning Authority LPC Lidlington Parish Council LVCA Langford Village Community Association LVIA Landscape and Visual Impact Assessment LWS Local Wildlife Site m metres Page 3 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT File Ref: TWA/17/APP/05 ___________________________________________________________________________________________ MCJ Marylebone to Claydon L&NE Junction (Engineering Line Reference) MKC Milton Keynes Council MKGP Milton Keynes Green Party MHCLG Ministry of Housing, Communities and Local Government MML Midland Main Line NE Natural England NEP (the) Buckinghamshire and Milton Keynes Natural Environment Partnership (the) Network (the) rail infrastructure network of Great Britain NIC National Infrastructure Commission NO2 Nitrogen Dioxide NPPF National Planning Policy Framework NR Network Rail Infrastructure Limited OCC Oxfordshire County Council OCE Oxford-Cambridge Expressway (the) Order (the) Network Rail (East West Rail Bicester to Bedford Improvements) Order 201[ ] ORR Office of Rail and Road OXD Oxford Branch (Engineering Line Reference) O&H O & H Q6 Limited and O & H Q7 Limited (OBJ 156) Plan:MK Milton Keynes Council’s Development Plan PPG Planning Practice Guidance PRA Aylesbury Branch (Princes Risborough to Aylesbury) (Engineering Line Reference) (the) project the East West Rail Western Section Phase 2 as proposed by the Order (the) Promoter Network Rail Infrastructure Limited Page 4 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT File Ref: TWA/17/APP/05 ___________________________________________________________________________________________ PRoW Public Right of Way REB Relocatable Equipment Buildings RFFP Reasonably Foreseeable Future Projects SBMA Strategic Bat Mitigation Approach (the) Scheme (the) East West Rail Bicester to Bedford Improvements (the Order scheme) SEMK South East Milton Keynes Urban Extension SOAEL Significant Observed Adverse Effect Level (Noise) SoC Statement of Case SoCG Statement of Common Ground SoS Secretary of State for Transport SSSI Site of Special Scientific Interest TA Transport Assessment tph trains per hour TSS Train Service Specifications TWA Transport & Works Act 1992 TWAO Transport & Works Act Order TWUL Thames Water Utilities Limited UK United Kingdom VALP Emerging Vale of Aylesbury Local Plan 2013-2033 VfM Value for Money WCC Walton Community Council (OBJ 246) WCML West Coast Main Line (the) works (the) proposed works affecting the Listed Buildings and Conservation Areas WSTC Woburn Sands Town Council µg/m3 The concentration of an air pollutant in micrograms (one-millionth of a gram) per cubic metre air Page 5 CASE DETAILS NETWORK RAIL (EAST WEST RAIL BICESTER TO BEDFORD IMPROVEMENTS) ORDER 201[ ] and APPLICATION FOR DEEMED PLANNING PERMISSION • The Order would be made under sections 1 & 5 of, and paragraphs 1-5, 7-11, 13 & 15-17 of Schedule 1 to the Transport and Works Act 1992. • The deemed planning permission would be granted by a Direction under section 90(2A) of the Town & Country Planning Act 1990. • The applications for the Order and deemed planning permission were submitted to the Secretary of State for Transport on 27 July 2018. • There were 237 objections outstanding to it at the commencement of the Inquiry. • The Order and deemed planning permission would authorise the construction, operation and maintenance of a railway between Bicester and Bedford, Milton Keynes and Aylesbury,
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