A303 Amesbury to Berwick Down (Stonehenge) Wiltshire TR010025 Wiltshire Council Response to Examining Authority’s (ExA) First Round of Written Questions Table of Contents Wiltshire Council Response to Examining Authority’s Questions ............................... 2 Appendices .............................................................................................................184 Appendix A – Glossary of Terms .........................................................................185 Appendix B – CH.1.30 – Heritage Monitoring and Advisory Group (HMAG) Draft Terms of Reference ............................................................................................189 Appendix C – Fg.1.22 – EA Fluvial Design Guide ..................................................195 Appendix D – WM.1.14 - Wiltshire and Swindon Waste Core Strategy (Policies 5 and 6) .................................................................................................................200 A303 Amesbury to Berwick Down (TR010025) WILTSHIRE COUNCIL RESPONSE TO EXAMINING AUTHORITY’S QUESTIONS Question Question: Question Response: ExQ 1 to: G.1 General and cross-topic questions G.1.2 Applicant Document 7.1 - Case for the scheme and NPS Comprehensive survey of the footprint of the Scheme accordance, paragraph 7.2.5, states that the and the surrounding area within a calculated zone of Applicant is not aware of any respect in which influence has been undertaken and has identified those deciding the application in accordance with the habitats and species likely to be adversely affected by National Policy Statement for National Networks the proposal. The survey data has been used to (NPSNN) would be unlawful. The RR of the inform a robust mitigation strategy for the Scheme. Stonehenge Alliance [RR-1898] submits that the approval of the scheme would be contrary to The Environmental Impact Assessment Directive A full Environmental Impact Assessment has been (85/337/EEC); The Habitats Directive (Council completed and the results used to inform the Scheme Directive 92/43/EEC); The Conservation of design and the mitigation strategy. Habitats and Species Regulations 2017 (Habitats Regulations) in respect of the Salisbury Plain SPA and River Avon SAC; The Bern Convention on the The European legislation (derived from EU Council Conservation of European Wildlife and Habitats; Directives) is implemented in the UK under the The Birds Directive (2009/147/EC) in respect of Habitats Regulations. A full Appropriate Assessment Annex I species; The Aarhus Convention, in under the Habitats Regulations has been undertaken in respect of genuine public participation in respect of all European sites potentially affected by the - 2 - A303 Amesbury to Berwick Down (TR010025) Question Question: Question Response: ExQ 1 to: environmental decision-making; The European proposed Scheme (within a calculated zone of Convention on the protection of the influence). This has considered the impacts and the Archaeological Heritage; The European Landscape mitigation available and implementable. Wiltshire Convention; The SEA Directive (European Council believes that all potential impacts on the Directive 2001/42/EC); The Environmental designated features of all European Sites within the Assessment of Plans and Programmes calculated zone of influence have been correctly Regulations 2004 (Statutory Instrument 2004, identified and sufficient and appropriate mitigation no. 1633) on the environmental impacts of the designed, such that the conclusion of "no likely planned A303/A358 corridor improvements significant effect" on the conservation objectives of the programme alone and in combination; and the named European site, is correct and supported by World Heritage Convention. sufficient and robust evidence. Natural England, the organisation with the overall responsibility for Please respond to the specific points raised in European Sites in England, has agreed the conclusion relation to the potential breach of these of the Appropriate Assessment. directions, regulations and conventions. i) The Council accepts the need for the Scheme. G.1.4 Wiltshire Document 7.1 - Case for the scheme and NPS Council accordance, makes an assessment of the ii) The Council is of the opinion that the Scheme is scheme’s accordance with the NPSNN and broadly compliant with the NPSNN. However, identifies the need for the scheme. with regards to drainage, the Applicant has not i. Does Wiltshire Council accept that the satisfactorily addressed all aspects of the need case for the project, as set out Scheme’s accordance with the NPSNN. therein, is made out? ii. Has the Applicant satisfactorily addressed iii) Wiltshire Council is not in agreement with the Applicant’s climate change allowances for road - 3 - A303 Amesbury to Berwick Down (TR010025) Question Question: Question Response: ExQ 1 to: all aspects of the scheme’s accordance drainage, and the climate change allowances for with the NPSNN? the groundwater assessment is still under discussion. There are outstanding actions from iii. If not, please identify any aspects with the peer review of the flood risk assessment for which the Council disagrees. groundwater, surface water and road drainage. Until the actions are addressed, Wiltshire Council is unable to agree to full compliance with the NPSNN. i) Yes, this is a complete list. G.1.5 Wiltshire Document 7.1 - Case for the scheme and NPS Council accordance, paragraph 7.3.14, identifies the ii) Yes, overall the Scheme would conform with the relevant plans which comprise the development relevant policies of the development plan. plan for the area. Section 3 of the Local Impact Report covers this i. Does that comprise a complete list? matter. ii. Does the Council agree that the scheme would conform with relevant policies of the development plan? iii. If not, please indicate any areas of disagreement with Appendix B.2 – 7. i) Yes, it is agreed. G.1.9 Wiltshire The ES Chapter 15: Assessment of cumulative Council effects, paragraph 15.2.12, makes reference to ii) Yes. consultation with Wiltshire Council as regards the compilation of the long list of identified - 4 - A303 Amesbury to Berwick Down (TR010025) Question Question: Question Response: ExQ 1 to: development, followed by the circulation of a iii) No. short list and the final check. i. Please confirm that the Applicant’s methodology and identification of other development for the purposes of the cumulative assessment is agreed? ii. Please confirm that the list of nine developments set out in paragraph 15.2.20 is agreed? iii. Are there any other proposed developments relevant to the consideration of cumulative impact? G.1.10 Applicant The ES Chapter 15: Assessment of cumulative At the time of the publication of the ES, the ETRO was effects, paragraphs 15.2.20 and 15.4.4, makes in place. It has subsequently been quashed so is no reference to the Experimental Traffic Regulation longer in place. Order (ETRO) on Byways AMES 11 and 12. Please explain further the position as regards the ETRO and the reliance placed upon it in the cumulative assessment. Ag.1 Agriculture - 5 - A303 Amesbury to Berwick Down (TR010025) Question Question: Question Response: ExQ 1 to: Ag.1.2 Wiltshire Agricultural Land Classification i) Wiltshire Council’s Development Plan has no Council In respect of Agricultural Land Classification: specific policies relating to agricultural land i. Please provide any Policies (and supporting classification. As a local planning authority, the text) within the adopted development plan Council takes account of national guidance in relevant to this issue; and paragraph 170 (b) of the NPPF when making decisions where this is a relevant factor. ii. the Council’s assessment of the Proposed Development against these policies. ii) Not Applicable. The Council is aware that loss of best and most versatile agricultural land is a factor to be taken into account in the planning balance, but note that this would be the outcome from any of the routes proposed. i) For Applicant to respond. Ag.1.4 Applicant Agricultural land (access) A number of RRs, including that from the National ii) Wiltshire Council’s public rights of way officers are Farmers’ Union [RR-2252] raise concerns and awaiting design and construction details to be queries in respect of the effect of the use of supplied by the Applicant for Deadline 2. existing and proposed rights of way on agricultural land. iii) As ii) above. i. Please provide a detailed justification for proposed creation of each new public right iv) As ii) above. of way which would affect existing - 6 - A303 Amesbury to Berwick Down (TR010025) Question Question: Question Response: ExQ 1 to: agricultural land? ii. What consideration has been given to prevent any improper use of the existing and proposed Public Rights of Way (PRoW) network (including fly tipping, hare coursing, parking and camping) and how would any measures be secured as part of the DCO? iii. What arrangements would be put in place for the maintenance (including future responsibilities) of any new PRoW including associated infrastructure such as fencing and barriers? iv. The scheme includes the creation of a new restricted byway open to agricultural vehicles along part of the existing A303. How will the surfacing, gates, and other barriers be designed and secured to ensure it is appropriate to allow for access and use by agricultural vehicles? Ag.1.13 Applicant Agricultural land (access) Wiltshire Council’s public rights of way officers would prefer the alignment