1. Section 51 advice
  2. Advice in detail

Advice to Highways Agency

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Enquiry

From
Highways Agency
Date advice given
28 March 2013
Enquiry type
Email

The Highways Agency e-mailed the Planning Inspectorate with information on the likely submission date and the timing of the Highways Agency?s response to matters previously raised by the Planning Inspectorate at a meeting (and in correspondence) on 21 February 2013.

Advice given

The following advice was issued to the Planning Inspectorate:

We strongly advise the Highways Agency to liaise further with the Planning Inspectorate prior to the submission of the application. This will enable the Planning Inspectorate to consider the Highways Agency?s intended approach and (if necessary) provide section 51 advice in accordance with the Planning Act 2008 as amended (PA 2008).

The scheme appears to have altered since the statutory consultation was undertaken from January to April 2012, with the publication of an Emerging Proposed Design Changes Post Consultation Plan and letter issued by the Highways Agency in July 2012. Since July 2012 and upon receipt of the draft plans in January 2013, the scheme appears to have evolved further, an example of which is the addition of the works to the M6 (as discussed in February 2013) and also works to the M56, amongst other changes.

The Highways Agency is advised to consider whether statutory consultation in accordance with Chapter 2 of the PA 2008 has been undertaken for all aspects of the scheme which is due to be submitted including (but not limited to) works to the M6 and M56. In addition, the Highways Agency should clarify if all proposed works have been assessed as part of the Environmental Impact Assessment.

As discussed in February 2013, it would be helpful if the Highways Agency could clearly state within the draft Development Consent Order which aspects of the works are considered to be Nationally Significant Infrastructure Projects; for example the Highways Agency may also wish to consider whether the works to the M56 fall within section 22 of the PA 2008. Please also note, the application form requests that the associated development is indicated in box 7.