Representation by Highways England (Highways England)
- Date submitted
- 31 March 2021
- Submitted by
- Other statutory consultees
Highways England is a government owned company which operates, maintains and improves the Strategic Road Network (SRN) as a strategic highway company appointed under the provisions of the Infrastructure Act 2015 in accordance with a Licence issued by the Secretary of State for Transport. The SRN in the vicinity of the proposed London Resort (“the proposed development”) includes the A13, A1089, A2, A282 and M25. These are particularly important parts of the SRN providing access to the ports of the Thames Estuary and Dover Straits, and to Gatwick Airport. Highways England is also currently undertaking improvements at the A2 Bean & Ebbsfleet junctions and is continuing to develop proposals for the Lower Thames Crossing project (which we aim to resubmit our DCO application for later in 2021), both of which form part of the government’s Road Investment Strategy aimed at facilitating economic growth and international trade. Highways England is a statutory consultee to the planning process. We have a specific remit to support economic growth through the provision of a safe and reliable SRN, in line with the provisions set out in our Licence. Our ‘Planning for the future’ document sets out how we will work with DCO Applicants to ensure that they provide sufficient detail to allow the assessment of the impact of their proposals on the SRN, and the suitability and deliverability of their proposed transport arrangements, including means of access, when they submit their application and draft DCO. The document references the Department for Transport’s (DfT) Circular 02/2013 which sets out the requirement that third-party schemes are designed and developed in accordance with the Design Manual for Roads and Bridges (DMRB) and that the Applicant mitigates impacts on the SRN from their proposed scheme. Highways England and the Applicant have been engaging constructively for over 5 years. Whilst some progress has been made, areas of concern were highlighted in our Section 42 Statutory Consultation Response (submitted 21/09/2020) which is appended. At this time, these concerns remain, and no further agreements have been reached prior to the submission of the DCO. The submitted application contains a substantial amount of new material which we are in the process of assessing but it is already clear that much of the new assessment is based on information which has hitherto not been made available to us and that the assessment of transport impacts remains incomplete. Our position therefore remains that there is insufficient information within the Transport Assessment (Application Document 6.2.9.1) from which conclusive statements can be drawn; we cannot, from the information presented, assess or determine the impact of the proposed development on the SRN, or the suitability and deliverability of the proposed transport arrangements. Since submission of the proposals, we have met and will continue to meet regularly with the Applicant and their advisors to seek to resolve outstanding matters. Set out below is a summary of the main areas of concern, for which we would need to agree a forward plan of work with the Applicant to address. Transport Assessment Transport impacts and the trip generation associated with the proposed development have not yet been agreed and on this basis, we are not yet in a position to accept the proposed development as submitted. Even taking the trip generation numbers at face value we consider that there are still omissions within the evidence. Consequently, we cannot yet accept that the mitigation proposed at the A2 Ebbsfleet junction and the A1089 Asda roundabout is adequate at those locations, or that mitigation is only required at those locations. Locations of potential concern include M25 junction 2, M25 junction 30, the A13/A1089 junction and the A2/M2 east of the M25. In summary, we require the following outcomes to enable us to accept the proposed development:- 1. An agreed, evidence-based assessment of Construction phase impacts which is to a sufficient level of detail such that we can determine the acceptability of those impacts on the SRN and determine whether any mitigation is required 2. An agreed, evidence-based assessment of the operational phase impacts of the development which is to a sufficient level of detail such that we can confirm the suitability and deliverability of the proposed transport arrangements. Such an assessment will include, but not be limited to, the consideration of arrival and departure trip profiles for all elements of the development, the geographical distribution of those trips, the demand for car-based journeys, details of car parking management and assessment of its effectiveness in association with the proposals for non-car modes of travel and traffic modelling of the affected area taking committed development into account. 3. An agreed, evidence-based assessment of the environmental impacts of the development, in so far as they relate to the SRN assets, based on the outputs of the agreed assessments in 1 and 2 above. Lower Thames Crossing A key area of our consideration relates to the compatibility of and cumulative nature of potential impacts between the proposed development and the Lower Thames Crossing project. This includes consideration of the proposed development during construction and operation and the same phases for the Lower Thames Crossing, and any reliance or impact upon infrastructure proposed to be delivered as a result of the Lower Thames Crossing. There are a number of concerns, primarily related to the forecast traffic impacts both during construction and operation of the proposed development, assumptions made about the proposed Lower Thames Crossing which may not be accurate including any reliance or impact upon infrastructure proposed to be delivered through the Lower Thames Crossing, and the environmental assessments, again during construction and operation of the proposals. The environmental concerns relate to: • Lack of clarity and consistency around the basis of the assessment of environmental impacts, including on the recently designated SSSI, in relation to the proposed Lower Thames Crossing. Additional information is required to understand how the Lower Thames Crossing is incorporated in the modelling and assessments of the proposed development. • Lack of sufficiently detailed information around potential cumulative effects of the proposed development with the proposed Lower Thames Crossing, particularly during the construction phase. Additional information is required to understand a) how the proposed Lower Thames Crossing is incorporated in their cumulative assessment, and b) to provide sufficient information for the Lower Thames Crossing project to undertake cumulative assessment. • Lack of information relating to the location of the environmental mitigation outside of the order limits for the proposed development. Confirmation is required from the Applicant that the proposed mitigation in support of the proposed development will not impact on the proposed Lower Thames Crossing Order limits. In addition, any changes to the forecast traffic flows are likely to have an implication for cumulative environmental assessment, particularly noise and air quality. Land Acquisition The negotiations around acquisition of permanent rights over, and temporary possession and use of, land that Highways England are the owners of are ongoing with the Applicant. We must ensure that the exercise of land acquisition powers, and the terms of any associated transactions and disposals, do not adversely affect Highways England’s property rights and its operation and management of the SRN. At this stage we reserve our position as regards the Applicant’s land acquisition case. Mitigation In the absence of an agreed assessment, comment on any proposed highway improvements can only be provisional. It is therefore not possible to say whether the mitigation proposed by the Applicant is safe, adequate and can fit within the land available for it. Deemed Consent Highways England are subject to a statutory direction under the Infrastructure Act 2015 (and set out in paragraph 4.2 of its 2015 Licence) to, inter alia, ensure the effective operation of, and to protect and improve the safety of, the SRN. This duty is non-delegable to third parties as only Highways England under section 5(2) of the 2015 Act and its license has the locus to carry out this function. Where deemed consent provisions are potentially incompatible with Highways England’s ability to comply with this statutory direction, they should not apply to Highways England. Protective Provisions / Amendments to draft Development Consent Order Given the impact on the SRN and interface with the Lower Thames Crossing project, we expect there to be a need for appropriate protective provisions to be included in the Applicant’s draft DCO. Highways England will bring these forward and will seek to agree them with the Applicant. We reserve our position on associated amendments to the draft DCO, which may also be needed. We will continue to engage with the Applicant to try and find a suitable resolution to outstanding issues and update the Examining Authority accordingly. Appendices Highways England Section 42 response to London Resort Statutory Consultation (for completeness and convenience forwarded to LondonResort@planninginspectorate.gov.uk)