Representation by National Highways (National Highways)
- Date submitted
- 19 July 2023
- Submitted by
- Other statutory consultees
This letter consists of National Highways’ Relevant Representation in respect of the Development Consent Order (DCO) application by Anglian Water Limited (the Applicant) for consent for the relocation of the Cambridge Waste Water Treatment Plant. National Highways is the government owned company which operates, maintains and improves the Strategic Road Network (SRN) as the strategic highway company appointed under the provisions of the Infrastructure Act (2015) and in accordance with the Licence issued by the Secretary of State for Transport. National Highways is a statutory consultee to the planning process. It has a specific obligation to deliver economic growth through the provision of a safe and reliable SRN, in line with the provisions set out in DfT Circular 01/2022: The strategic road network and the delivery of sustainable development. The Circular sets out how National Highways will work with developers to ensure that specific tests are met when promoting a scheme. This includes ensuring the transport impact is understood, any mitigation (or other infrastructure) is designed in accordance with the relevant standards and that environmental impacts are appraised and mitigated accordingly. National Highways is currently proactively working with the applicant to reach agreement of outstanding issues, however, as it stands, National Highways’ objects to the project for the following reasons summarised by issue below: • The book of reference as submitted by the Applicant identifies 43 plots of land owned by or occupied by National Highways (“Plots”) in respect of which compulsory acquisition powers to acquire new rights are sought. The compulsory acquisition powers sought are described in the book of reference as being the creation and compulsory acquisition of new rights over land and the temporary possession of land (“Compulsory Powers”). o To safeguard National Highways’ interests and the safety and integrity of the SRN, National Highways objects to the inclusion of the Plots in the Order and to Compulsory Powers being granted in respect of them. o The Plots constitute land acquired by National Highways for the purpose of its statutory undertaking and, accordingly, this representation is made under section 56 and sections 127 and 138 of the Planning Act 2008. o National Highways considers that there is no compelling case in the public interest for the Compulsory Powers and that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that new rights and restrictions over the Plots can be created without serious detriment to National Highways’ undertaking and no other land is available to National Highways to make good the detriment. o National Highways also objects to all other compulsory powers in the Order that affect, and may be exercised in relation to, National Highways’ property and interests. o In order for National Highways to be in a position to withdraw its objection, National Highways requires: ? (a) the inclusion of its protective provisions in the Order for its benefit; and ? (b) agreements with the Applicant that regulate • (i) the manner in which rights over the Plots are acquired and the relevant works are carried out including terms which protect National Highways’ statutory undertaking and agreement that compulsory acquisition powers will not be exercised in relation to such land; and • (ii) the carrying out of works in the vicinity of the SRN to safeguard National Highways’ statutory undertaking. National Highways reserves the right to produce additional grounds of concern if further details of the impact to National Highways’ assets become available. • The proposal for a traffic monitoring regime to determine the timing of the phasing of implementation works requires further details in terms of its operation and application. o It is understood that Traffic Management on Junction 34 of the A14 would be required. Arrangements would need to be made with the National Highways’ Roadspace Bookings team to ensure there are no conflicts on the network and to ensure the safety of users of the SRN. o Construction Traffic Routes on the SRN are not sufficiently understood, and further detail is required in respect of how they will be managed. o In particular, the impact on Junctions 33, 34 and 35 of the A14. o Should the proposed construction works require the temporary closure of eastbound off slip, this can be done for short durations at night-time only. A Temporary Traffic Road Order (TTRO) will be required and consultation with the National Highways’ Roadspace Booking team. • The proposed development includes a Transfer Tunnel connecting the existing Waste Water Treatment Plant to the south of the A14 to the proposed site to the north. o The proposed tunnel has an internal diameter of greater than 2.0 metres, therefore the design of the tunnel will require an Approval in Principle approved by National Highways’ Safety Engineering and Standards (SES) Structures and Geotechnical teams. o In addition, as the proposed tunnel is proposed to go under the A14, these works will require Roadspace to be booked and the carriageway levels monitored during the pipe jacking process. This carriageway level monitoring is required to record the heave or settlement that might occur to the carriageway as agreed with the SES Geotechnical team and is normally RAG (Red, Amber and Green) rated. Red indicates the works must stop immediately and the matter discussed with the National Highways Geotechnical Team. CCTV before and after of any National Highways drainage system assets must be recorded and any damage recorded after the pipe jacking works must be rectified to National Highway’s satisfaction. • The proposal includes enhancements to the A14 overbridge to provide Local Transport Note (LTN) 120 compliant Active Travel cycle path. o The enhancements require alterations to the bridge parapet and would be subject to a Road Safety Audit. o National Highways’ have not had sight of the Road Safety Audit, therefore unable to provide comment or support at this stage. National Highways’ also wishes to take the opportunity to draw the attention of the Applicant to the National Highways’ Protective Provisions, which seek to protect the National Highways network and manage the interface of the project and the SRN. During the consultation process identifying a suitable access for the proposed Waste Water Treatment Plant, the applicant proposed option 3 which consisted of a access directly off the A14. This option was not acceptable to National Highways due to safety concerns and non-policy compliance (DfT Circular 01/2022, paragraph 20). National Highways supports the removal of this option from consideration. In conclusion, given the outstanding issues identified above, National Highways is not yet satisfied that the proposed scheme can be delivered without compromising the SRN. However, National Highways is keen to resolve the concerns raised within this Relevant Representation to enable the development to proceed, whilst safeguarding the safe operation of the SRN. It understood that at this stage the purpose of the Relevant Representations is facilitate the Examining Authority, to identify early views on the application. Accordingly, this representation seeks only to set out National Highways’ initial views of the matters listed above, with additional and more substantive representations to be submitted by National Highways at a later date during the consultation process or Examination.