The Planning Act 2008 A30 Chiverton to Carland Cross Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport Examining Authority Heidi Cruickshank BSc (Hons), MSc, MIPROW 6 November 2019 This page is intentionally blank ERRATA SHEET – A30 Chiverton to Carland Cross - Ref TR010026 Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport, dated 6 November 2019 Corrections agreed by the Examining Authority prior to a decision being made Page Paragraph Error Correction No. 9 1.5.18 “Unaccompanied Site “Unaccompanied Site Inspection” Inspections” 14 2.1.1 “Security of State” “Secretary of State” 29 3.6.2 “No significant affects” “No significant effects” 37 4.3.10 “Henver “Henver Lane22…Penstraze Lane22…Penstraze Lane23…outstanding 24” Lane23…outstanding 24” 40 4.6.2-4.6.3 Lack of space between Insert space between paragraphs 4.6.2 and 4.6.3 48 4.9.17 Delete “[Error! Replace with “[7.9.2]” Reference source not found.]” 54 4.10.31- Lack of space between Insert space between paragraphs 4.10.32 4.10.31 and 4.10.32 70 4.14.2 “No designated “No designated assets32” assets32” 79 4.16.10- Lack of space between Insert space between paragraphs 4.16.11 4.16.10 and 4.6.11 80 4.16.19- Lack of space between Insert space between paragraphs 4.16.20 4.16.19 and 4.16.20 104 7.4.7 “DCLG Guidance39 “DCLG Guidance39 explains” explains” OVERVIEW File Ref: TR010026 The Application, dated 30 August 2018, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on the same date. The Applicant is Highways England. The Application was accepted for Examination on 27 September 2018. The Examination of the Application began on 6 February 2019 and was completed on 6 August 2019. The Proposed Development comprises a 14 kilometre (8.7 mile) 70 mph dual carriageway, connecting to the existing A30 dual carriageway at either end. The proposal includes the replacement of Chiverton Cross roundabout with a new, 2 level motorway-style roundabout; a new 2 level partial junction at Chybucca, with west-facing slip roads connecting to the new dual carriageway; replacement of the existing roundabout at Carland Cross with a 2 level motorway-style junction; new bridges and accesses across the proposed road and the existing A30. The proposed retention of the existing A30 includes the construction of further local roads to maintain connectivity. Associated development includes the realignment and/or provision of off-road routes for pedestrian, cycle and equestrian use, drainage works and the diversion of utilities. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order as set out in Appendix E of this report. A30 CHIVERTON TO CARLAND CROSS : TR010026 CONTENTS OVERVIEW .................................................................................................. 3 1. INTRODUCTION .......................................................................................... 5 2. THE PROPOSAL AND THE SITE ................................................................... 14 3. LEGAL AND POLICY CONTEXT ................................................................ 24 4. FINDINGS AND CONCLUSIONS IN RELATION TO THE PLANNING ISSUES....... 34 5. FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS REGULATIONS ASSESSMENT ........................................................................................... 89 6. CONCLUSIONS ON THE CASE FOR DEVELOPMENT CONSENT ....................... 94 7. COMPULSORY ACQUISITION AND RELATED MATTERS .............................. 100 8. DRAFT DEVELOPMENT CONSENT ORDER AND RELATED MATTERS ............. 138 9. SUMMARY OF CONCLUSIONS AND RECOMMENDATION ............................ 142 APPENDICES ................................................................................................. 144 APPENDIX A: EXAMINATION EVENTS ............................................................... 145 APPENDIX B: EXAMINATION LIBRARY .......................................................... 152 APPENDIX C: LIST OF ABBREVIATIONS ............................................................ 206 APPENDIX D: COMPULSORY ACQUISITION OBJECTIONS SCHEDULE.................. 210 APPENDIX E: THE RECOMMENDED DCO........................................................ 221 1. INTRODUCTION 1.1. STRUCTURE OF THIS REPORT 1.1.1. The structure of this report is as follows: a) Chapter 1 introduces the reader to the application and the processes used to carry out the Examination and produce the Report. b) Chapter 2 describes the site and its surrounds, the Proposed Development, its planning history and that of related projects. c) Chapter 3 records the legal and policy context for the Secretary of State for Transport’s (SoS) decision. d) Chapter 4 sets out the planning issues that arose from the application and during the Examination. e) Chapter 5 considers effects on European Sites and Habitats Regulations Assessment (HRA). f) Chapter 6 sets out the balance of planning considerations arising from Chapters 4 and 5, in the light of the factual, legal and policy information in Chapters 1 to 3. g) Chapter 7 sets out the ExA’s examination of Compulsory Acquisition (CA) and Temporary Possession (TP) proposals. h) Chapter 8 considers the implications of the matters arising from the preceding chapters for the DCO. i) Chapter 9 summarises all relevant considerations and sets out the ExA’s recommendation to the SoS. 1.1.2. This report is supported by the following Appendices: a) Appendix A – Examination Events. b) Appendix B – Examination Library. c) Appendix C – List of Abbreviations. d) Appendix D – Compulsory Acquisition Objections Schedule. e) Appendix E – the Recommended DCO 1.2. INTRODUCTION TO THE EXAMINATION 1.2.1. The application for the A30 Chiverton to Carland Cross (the Proposed Development) under file reference TR010026 was submitted by Highways England (HE” or “the Applicant”1) to the Planning Inspectorate on 30 August 2018 under section (s)31 of the Planning Act 2008 (PA2008) [APP-001 – APP-383]2 and accepted for Examination under s55 of PA2008 on 27 September 2018 [PD-001]. 1.2.2. The Proposed Development comprises: a) Construction of a 14 kilometre (8.7 mile) 70 mph dual carriageway, connecting to the existing A30 dual carriageway at either end; 1 Where referring to their role as “the Applicant” that abbreviation will be used but in other contexts the term “HE” will be used as appropriate 2 References to documents in the Examination Library for this Report are enclosed in square brackets []. The Examination Library is published online and can be found in Appendix B, with links to the published documents. A30 CHIVERTON TO CARLAND CROSS : TR010026 REPORT TO THE SECRETARY OF STATE: 6 NOVEMBER 2019 5 b) Replacement of Chiverton Cross roundabout with a new, 2 level motorway-style roundabout; c) A new 2 level partial junction at Chybucca, with west-facing slip roads connecting to the new dual carriageway; d) Replacement of the existing roundabout at Carland Cross with a 2 level motorway-style junction; e) New bridges and accesses across the proposed road and the existing A30; f) Retention of the existing A30, which includes the construction of further local roads to maintain connectivity; g) Realignment and/or provision of off-road routes for pedestrian, cycle and equestrian use; h) Drainage works; and, i) Diversion of utilities. 1.2.3. The Guide to the Application – 1.1(H) [AS-040] provides the detail of the documents relevant to the application at the close of the Examination. 1.2.4. The Application Form [APP-003] describes the application as a Nationally Significant Infrastructure Project (NSIP) within sections 14(1)(h) and 22(1)(a) of PA2008. The Proposed Development is indicated to be the 'construction' of highway within the meaning of section(s) 22(1)(a), meeting the requirements of this definition under section 22(2) of PA2008. 1.2.5. The location of the Proposed Development is shown in the Location Plan [APP-012]. The site lies in the county of Cornwall, located wholly within England. 1.2.6. The legislative tests for whether the Proposed Development is a NSIP were considered by the Secretary of State for the Ministry of Housing, Communities and Local Government (SoSMHCLG)3 in their decision to accept the application for Examination in accordance with s55 of PA2008 [PD-001] [PD-002]. 1.2.7. Taking account of the above matters the Planning Inspectorate, under delegation from the SoS, agreed that the Proposed Development is an NSIP for the following reasons: a) the highway (when constructed) would be wholly within England (ss 22(2)(a) of PA2008); b) it would be undertaken by HE, a strategic highways company, as the highway authority for the highway (ss 22(2)(b) of PA2008); c) it would be on land extending to approximately 221.7ha (over 12.5ha, ss 22(2)(c) and 22(4) of PA2008); and, d) nothing has arisen through the Examination to change that view. 1.2.8. As a result, the Proposed Development meets the definition of an NSIP 3 Ministry of Housing, Communities and Local Government (MHCLG) replaced the Department of Communities and Local Government (DCLG) in January 2018. Documents published prior to this change are referred to as having been made or published by DCLG. A30 CHIVERTON TO CARLAND CROSS : TR010026 REPORT TO THE SECRETARY OF STATE: 6 NOVEMBER 2019 6 set out in ss14(1)(h) and 22(1)(a) of PA2008. Development consent would be required under s31 of