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Advice to Cambridgeshire County Council

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Enquiry

From
Cambridgeshire County Council
Date advice given
8 January 2014
Enquiry type
Email

A scheme to widen part of the A14 is due to be promoted by the Highways Agency under the Planning Act 2008 in Autumn 2014. In the course of them obtaining a DCO various traffic orders will be required to implement various speed and weight limits. Traffic Regulation Orders (TRO's) will be required. My query is can the requirement for TROs be done as part of the DCO process i.e by the Highways Agency rather than Cambridgeshire as part of the local highways authority? If yes then do the County Council give up their discretion to modify the orders?

Advice given

The Highways Agency (HA), as the applicant, will need to decide when preparing their application what to include in their draft DCO. Section 150 of the PA2008 allows the HA to include other consents and authorisations in their DCO, with the consent of the relevant body. Therefore, if there are Transport Regulation Orders to which you would otherwise be the consenting authority, that you are content to have included in the DCO, then you should discuss this directly with the HA and ensure that your written consent is included as part of the application documentation.

You might also want to look at the M1 Juntion 10a Luton DCO where proposed modifications to Orders were included within the DCO document. This application was made by Luton Borough Council.