Advice to Bean Residents Association

Enquiry

• From: Bean Residents Association
• Date advice given: 31 January 2017
• Enquiry type: Email

Can you tell us if the above Highways England project has been accepted as a NSIP?

Ii is currently subject to ‘informal’ Public Consultation (18th Jan to 1st March 2017). HE Scheme Milestones show their planning application being submitted to you in Summer 2018.

The HE consultation documents make no provision for London Paramount Entertainment Resort. The reason given is, “At this stage there has been no application for planning permission”. However, London Paramount was accepted onto the NSIP procedure on 9th May 2014.

LPER is dependent on these two junctions. The notes of PINS 26th March 2015 meeting with Paramount included: -

“The DCO boundary currently includes land along the A2 extending to the Bean Junction, which is under review by the Highways Agency so may not be required by LRCH”.

Highways England tell us that if LPER proceeds, the improvements now proposed to both junctions would change.

On 26th March 2015 Ardent (for LPER) wrote to residents and businesses warning that grant of DCO would give CA powers. We would like LPER to withdraw their letters and leave Highways England (and yourselves) to deal with road improvements.

Can you clarify for us what is likely to happen and help to end the prolonged uncertainty and stress?

Advice given

I understand that Highways England are currently consulting the public on the A2 Bean to Ebbsfleet scheme. No application has been submitted or accepted yet.

The term “accepted” has a particular meaning in the Planning Act 2008 NSIP process. Only when a DCO application has been submitted and has been checked to make sure it is of a satisfactory standard to be examined is it normally described as “accepted”. Neither the A2 Bean to Ebbsfleet scheme or the London Paramount Entertainment resort would therefore normally be described as “accepted” at this time.

The London Paramount scheme was directed into the Planning Act 2008 regime on 9 May 2014. That means that any future application for the development should use the Planning Act 2008 regime (rather than a normal planning application), because the Secretary of State has decided that the scheme is an NSIP.

The A2 Bean to Ebbsfleet scheme did not have to be directed in the same way. It is already an NSIP because it is expected to meet the size thresholds for highway schemes in the Planning Act itself.

The effect of this is that both Highways England’s scheme and London Paramount are both in the same stage; they are both NSIPs, and the applicants are consulting on them, but neither has submitted a formal application yet. We call this the “Pre-Application” stage.

Because no application has yet been submitted for either scheme, we do not yet know the extent of the powers that the applicants will ask for or the land that will be affected by the applications. If either applicant seeks to compulsorily acquire any land in their application, that request will have to be justified and the justification and need for each and every piece of land will be thoroughly tested in the examination of the application. If these are not robust, the powers will not be granted; even if the application is otherwise successful.

If you have comments on what requests for compulsory acquisition the applications should contain, you should respond to the pre-application consultations being carried out by Highways England and the London Paramount scheme. If and when applications are submitted and accepted, you will have the opportunity to register as an Interested Party. You can then participate in the examinations and comment on any requests for compulsory acquisition that the applications do contain.

Only once the applications have been examined and the comments of Interested Parties have been considered, and only if a compelling case in the public interest is found to exist for each piece of land, will any powers of compulsorily acquisition over that piece of land be granted.

If you have any other questions, please do not hesitate to contact me.