CONSULTATION REPORT APPENDICES (PART C) · 47025009/SBB/StatCon/… Huntingdonshire District Council Steve Ingram (Head of Planning Services) Pathfinder House, St Marys Street, Huntingdon,

Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms & Procedure) Regulations 2009

THE M1 JUNCTION 10A (GRADE SEPARATION) DEVELOPMENT CONSENT ORDER

CONSULTATION REPORT APPENDICES (PART C)

Regulation Number 37 (3)(c)

PINS Reference Number TR010009

Document Reference LBC 5.1.4

Date 29 June 2012

Author URS Infrastructure & Environment UK Limited

Version A

Luton Borough Council — M1 Junction 10a Grade Separation

CONSULTATION REPORT – APPENDICES (PART C)

June 2012

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June 2012

Contents Appendix 3 - Copy of Letter Notifying PINS of Intention to Submit an Application for a Development Consent Order Appendix 4 - List of S42 Consultees and sample letter sent to consultees Appendix 5 - S42 Consultation – Schedule of Relevant Responses



June 2012




June 2012

Appendix 3 - Copy of Letter Notifying PINS of Intention to Submit an Application for a Development Consent Order



June 2012

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URS Scott Wilson Ltd 12 Regan Way, Chetwynd Business Park, Chilwell Nottingham, Nottinghamshire NG9 6RZ, United Kingdom Tel: +44 (0) 115 907 7000 Fax: +44 (0) 115 907 7001 www.urs-scottwilson.com

URS Scott Wilson Ltd Registered in England: No 880328 Registered Office: Scott House, Alençon Link, Basingstoke, Hampshire, RG21 7PP, United Kingdom

Dear Sirs, M1 Junction 10A Grade Separation. Section 46 Planning Act 2008 Notification of Intention to Submit an Application for a Development Consent Order (“DCO”). I write to notify you that Luton Borough Council of Town Hall, George Street, Luton, LU1 2BQ, proposes to apply to the Infrastructure Planning Commission under section 37 of the Planning Act 2008 for a Development Consent Order for the M1 Junction 10A Grade Separation Scheme. In accordance with Section 42 of the Planning Act 2008, Luton Borough Council will be consulting on the proposed scheme. A copy of the Section 42 notification pack which is to be sent to statutory consultees is provided with this letter. The pack comprises:

• a scheme booklet (2010) explaining the proposals;

• a red line plan indicating the extent of land required for construction of the scheme; and

• the EIA Scoping Report, D121475_5_005, July 2011, which includes a site location plan, environmental context plan and an illustrative scheme layout drawing.

The scheme booklet describes the proposals as they were in 2010. The proposals are currently under further development, however the information contained within the booklet remains relevant to the Scheme. Also enclosed with this letter is a list of statutory consultees. Statutory consultees have been identified by reference to Sections 42, 43 and 44 of the Planning Act 2008 and Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009. Should you have any comments/queries on the statutory consultee list, please let us know. Yours faithfully for URS Scott Wilson Ltd Simon Betts Principal Planner Environment & Natural Resources/Midlands URS/Scott Wilson

Our Ref: SB/47025009

Your Ref: 11/0727_tro10009_744530

The Infrastructure Planning Commission Temple Quay House Temple Quay Bristol BS1 6PN

Date: 17 August 2011

Page: 2 of 2

Direct Line: 0115 9077242 email: [email protected] Enc. Section 42 Notification Pack Statutory Consultee List



June 2012

Appendix 4 - List of S42 Consultees and sample letter sent to consultees



June 2012



CONSULTATION REPORT

June 2012

Section 42, Planning Act 2008 List of S42 Consultees and Record of Responses

1

1 including responses received after the formal deadline for S42 consultation responses

Organisation Address Included in Book of Reference

for Compulsory Acquisition Purposes (Y= yes)

Date consultation pack issued (CD)

Letter ref number 47025009/SBB/StatCon/…

Parties specified in Schedule 1, the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009

East of England Local Government Association (voluntary group seeking to take on the former EERA’s responsibilities)

East of England LGA, Flempton House, Flempton, Bury St Edmunds, Suffolk, IP28 6EG,

24/08/2011 001

Health and Safety Executive

Woodlands, Manton Lane, Manton Lane Industrial Estate, Bedford

24/08/2011 002

East of England Strategic Health Authority

NHS East of England, 2-4 Victoria House, Capital Park, Fulbourn, Cambridge. CB21 5XB

24/08/2011 003

Natural England

Anthony Mould, Natural England, Eastbrook, Shaftesbury Road, Cambridge, CB2 8DR

24/08/2011 004

The Historic Buildings and Monuments Commission for England (English Heritage)

John Ette, English Heritage, Brooklands, 24 Brooklands Avenue, Cambridge CB2 8BU

24/08/2011 005


CONSULTATION REPORT

June 2012

Organisation Address Included in Book of Reference for Compulsory Acquisition Purposes (Y= yes)



Bedfordshire and Luton Fire & Rescue Service

John Roberts, Emergency Response Support Manager Southfields Road, Kempston, Bedford, MK42 7NR SEE PREFERRED CONTACT IN RESPONSE COLUMN

24/08/2011 006

Bedfordshire Police

Customer Services, Bedfordshire Police HQ, Woburn Road, Kempston, Beds. MK43 9AX

24/08/2011 007

Hyde Parish Council

Clerk to Hyde Parish Council, 10 Highwood Grove Mill Hill, London, NW7 3LY 24/08/2011

008

Slip End Parish Council

Lerk to the Council, 5 Chalfont Way, Stopsley, Luton, Bedfordshire, LU2 9RG 24/08/2011 009

Caddington Parish Council

Clerk to the Council, c/o 6 Cheney Close, Toddington, Bedfordshire, LU5 6BE

24/08/2011 010

Flamstead Parish Council

Clerk to the Council, 127 Trowley Hill Road, Flamstead, AL3 8DS

24/08/2011 011

Harpenden Rural Parish Council

Clerk to the Council, 17 Etna Roa, St Albans, Hertfordshire, AL3 5NJ

24/08/2011 012

Environment Agency

Kai Mitchel, Planning Liaison Officer, Environment Agency, 2 Bishop Square Business park, St Albans Road West, Hatfield, Hertfordshire, AL10 9EX

24/08/2011 013

The Commission for Architecture and the Built Environment

1, Kemble Street, Holborn, WC2B 4AN 24/08/2011 014

East of England Development Agency

Business Centre, Station Road, Histon, Cambridge CB24 9LQ

24/08/2011 015


CONSULTATION REPORT

June 2012




The Equality and Human Rights Commission

3 More London, Riverside Tooley Street, London, SE1 2RG

24/08/2011 016

The Chilterns Conservation Board

Colin White, The Chilterns Conservation Board, The Lodge Station Road, Chinnor, Oxon OX39 4HA

24/08/2011 017

The Homes and Communities Agency

Central Business Exchange II, 414-428 Midsummer Boulevard, Central Milton Keynes, MK9 2EA

24/08/2011 018

The Civil Aviation Authority

CAA House, 45-59 Kingsway, London, WC2B 6TE

24/08/2011 019

The Highways Agency

Alan Kirkdale, Highways Agency, Woodlands, Manton Lane Bedford, MK41 7LW

24/08/2011 020

Central Bedfordshire Council, Highways department

Jim Tombe, Central Bedfordshire Council, Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire, SG17 5TQ

24/08/2011 021

Hertfordshire, Highways department

Chris Bearton, Head of Transportation, Planning and Policy, Hertfordshire County Council, County Hall, 1

st Floor, North West

Block, Hertfordshire, SG13 8DN

24/08/2011 022

Bedfordshire and Luton Local Resilience Forum

Ms Rebecca Corbett Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire SG17 5TQ

25/08/2011

061

UK Power Networks (formerly EDF)

Metropolitan House, Darkes Lane, Potters Bar, EN6 1AG

24/08/2011 023

National Grid Vicarage Farm Road, Peterborough, Cambridgeshire, PE1 5TP

24/08/2011 024


CONSULTATION REPORT

June 2012




BT Openreach

Telecom House, Trinity Street, Hanley, Stoke on Trent, ST1 5ND

24/08/2011 025

Cable and Wireless

Atlas House, Simons Way, Manchester, M22 5RR

24/08/2011 026

Virgin Media 1 Dove Wynd, Strathclyde Business Park, Bellshill ML4 3AL

24/08/2011 027

Veolia Water Central Ltd (previously Three Valleys Water)

Tamblin Way, Hatfield, Hertfordshire, AL10 9EZ 24/08/2011 028

Thames Water Ltd

Maple Lodge, Denham Way, Rickmansworth, Hertfordshire WD3 9SQ

24/08/2011 029

Serco Gulf Engineering for Total UK

Hamilton House, 11 Marlowes, Hemel Hempstead, Hertfordshire HP1 1BB

24/08/2011 030

The Crown Estate Commissioners

16, New Burlington Place, London, W1S 2HX

24/08/2011 031

Local Authorities

Luton Borough Council

Wendy Rousell Town Hall, George Street,Luton,Bedfordshire,LU1 2BQ

24/08/2011 032

Central Bedfordshire Council

Andrew Davie (Head of Development Control) Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire SG17 5TQ mailto:planning @central bedfordshire.gov.uk Tel: 0300 300 8307

24/08/2011 033


CONSULTATION REPORT

June 2012




Huntingdonshire District Council

Steve Ingram (Head of Planning Services)

Pathfinder House, St Marys Street, Huntingdon, Cambridgeshire, PE29 3TN

24/08/2011 034

South Cambridgeshire District Council

Chris Collison (Head of Planning Services) South Cambridgeshire Hall, Cambourne Business Park, Cambourne, Cambridge CB23 6EA

24/08/2011 035

St Albans City and District Council

Heather Cheesebrough (Head of Planning Services) Civic Centre, St Peters Street, St Albans, Hertfordshire, AL1 3JE

24/08/2011 036

Dacorum Borough Council

Andrew Parish (Senior Planning Officer – Development Management)

Dacorum Borough Council, Civic Centre, Marlowes, Hemel Hempstead, Herts, HP1 1HH

24/08/2011 037

North Hertfordshire District Council

Ian Fullstone (Head of Development and

Building Control)

North Hertfordshire District Council, PO Box

480, M33 0DE

24/08/2011 038

Aylesbury Vale District Council

John Byrne (Head of Planning Services) 66 High Street, Aylesbury, Bucks HP20 1SD

24/08/2011 039

Milton Keynes Council

Nick Fenwick (Assistant Director of Planning) Civic Offices, 1 Saxon Gate East, Central Milton Keynes, MK9 3EJ

24/08/2011 040


CONSULTATION REPORT

June 2012




Bedford Borough Council

Paul Rowland (Assistant Director of Planning) Bedford Borough Council, Borough Hall, Cauldwell Street, Bedford MK42 9AP

24/08/2011 041

Parties specified in categories listed in Section 44, Planning Act 2008

Legal & General Property (landowner)

Mr Delaney, Legal & General Property, Planning Manager, Legal and General Property, One Coleman Street, London EC2R 5AA

Y 24/08/2011 042

Luton Hoo Estates (Representing Lucia Phillips, The Most Noble Duke of Abercorn & Kenneth Dent)

Jason Jordan, Estate Manager, Luton Hoo Estate, Estate Office, Luton, Bedfordshire, LU1 3TQ

24/08/2011 043

Speirs & Son (operator/tenants, Newlands Farm)

G Speirs, Pepsal End Farm, Pepsal End, Pepperstock, Luton, LU1 4LH

24/08/2011 044

Speirs & Son Address as above 30/08/2011 paper copy

044b

The Occupant Newlands Farm, Caddington Road, Luton, LU1 4LB

30/08/2011 letter only referring to 44b

044c

Stockwood Park Property Holdings

c/o Mr William Shearer, Bidwells, 4 Waterside Way, The Lakes Northampton, NN4 7XD

Y 24/08/2011 045

Stockwood Park Golf Club

Rob Parker, Stockwood Park Golf Club, London Road Luton, LU1 4LX

24/08/2011 046

Luton Hoo Hotel Matthew Long, The Mansion House, Luton, Bedfordshire, LU1 3TQ

24/08/2011 047


CONSULTATION REPORT

June 2012




The Occupants 143, 145 London Road, Luton, LU1 3RL 24/08/2011 048, 049

The Occupants 147 London Road, Luton, LU1 3RL 24/08/2011 050

The Occupants 147a London Road, Luton, LU1 3RL 24/08/2011 051

The Occupants 149 London Road, Luton, LU1 3RL 24/08/2011 052

The Occupants 151 London Road, Luton. LU1 3RL 24/08/2011 053

The Occupants 40 Bull Wood Cottages, London Road, Luton. LU1 4LA

24/08/2011 054

The Occupants 41, 42 and 43 Bull Wood Cottages, London Road, Luton, LU1 4LA

24/08/2011 055, 056, 057

Cardinal Property Services (owners No. 42 Bull Wood Cottages)

2 Cardiff Road, Luton, Bedfordshire, LU1 1PP 24/08/2011 058

The Occupants, Kidney Wood House

London Road, Luton, LU1 4LA 24/08/2011 059

Capability Green Business Park

Kerri Salisbury, Customer Services Assistant, Goodman Park Information Office, Capability Green Business Park, Luton Bedfordshire, LU1 3LU

24/08/2011 060

Capability Green Business Park

Heather Davidson, Assistant Park Manager, Marketing Office, Hatfield Business Park, Hatfield, Hertfordshire, AL10 9TA

30/08/2011 060b

Bedfordshire and Luton Local Resilience Forum

mailto:[email protected] 25/08/2011 061

Hertfordshire County Council

Head of Planning (Development Control), County Hall, Pegs Lane, Hertford, SG13 8DQ

24/08/2011 062

Buckinghamshire County Council

Head of Planning (Development Control), Walton Street, Aylesbury, Bucks, HP20 1UA

24/08/2011 063

Cambridgeshire County Council

Head of Planning (Development Control), Shire Hall, Castle Hill, Cambridge, CB3 0AP

24/08/2011 064


CONSULTATION REPORT

June 2012




Fisher German LLP

Total, PO Box 9936, Ashby de la Zouch, LE65 9DD (New Contact for Total UK instead of Serco Gulf Engineering for Total UK)

01/11/2011 065

Additional S42 Consultees Identified During Preparation of the DCO Application

HSBC Bank Plc The Company Secretary, HSBC Bank Plc, 8 Canada Square, London, E14 5HQ

10/05/2012 E/T/Junction 10a

B Dowling Limited

The Company Secretary, B Dowling Limited, 9 Ferndale Road, Luton, Bedfordshire, LU1 1PF


De Mornay Boyes Limited

The Company Secretary, De Mornay Boyes Limited, Delaport Coachhouse, Lamer Lane, Wheathamstead, St Albans, AL4 8RQ


John Henry Group Ltd

The Company Secretary, John Henry Group Ltd, Registered Office, 260 – Quorum, Barnwell Road, Cambridge,CB5 8RE


Liz Eldridge 2 Winchfield Road, Caddington, Bedfordshire, LU1 4NE


Charles Butter c/o James Carleton, Farrer & Co, 66 Lincoln's Inn Fields, London, WC2A 3LH

30/05/2012 D121475/1.1/JHC/RJO

Additional Responses Received from S42 Consultees

GTC (on behalf of Utility Grid Installations Ltd, GTC Pipelines Ltd and The Electricity Network Company Ltd

Engineering Support Officer, GTC, Energy House, Woolpit Business Park, Woolpit, Bury St Edmunds, Suffolk, IP30 9UP

N/A

Active Luton Carole McDonnell , Active Luton, Wigmore Hall, Eaton Green Road, Luton, LU2 9JB

N/A

URS Scott Wilson Ltd Royal Court, Basil Close Chesterfield, Derbyshire S41 7SL, United Kingdom Tel: +44 (0) 1246 209 221 Fax: +44 (0) 1246 209 229 www.urs-scottwilson.com

URS Scott Wilson Ltd Registered in England: No 880328 Registered Office: Scott House, Alençon Link, Basingstoke, Hampshire, RG21 7PP, United Kingdom

Dear Sirs M1 J10A Grade Separation Planning Act 2008, Section 42, Statutory Consultation URS Scott Wilson is working on behalf of Luton Borough Council, to progress the above scheme, which aims to improve the M1 Junction 10A in order to meet future traffic demand. The scheme would involve work to the M1 Spur, for which the Secretary of State is the Highways Authority, and has the potential to have significant environmental impacts. As such, the scheme is defined as a Nationally Significant Infrastructure Scheme, under the Planning Act 2008, and requires an application to the Infrastructure Planning Commission (IPC) for a Development Consent Order (“DCO”). Under Section 42 of the Planning Act, 2008, pre-application consultation is required, including consultation with statutory consultees and community consultation. Your organisation has been Identified as a statutory consultee under Section 42 of the Planning Act, 2008 and Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009. We therefore enclose a CD containing a consultation pack which comprises:

• a scheme booklet (2010) explaining the proposals;

• a red line plan indicating the current extent of land required for construction of the scheme; and

• the EIA Scoping Report, D121475_5_005, July 2011, which includes a site location plan, environmental context plan and an illustrative scheme layout drawing.

Whilst the scheme booklet describes the proposals as they were in 2010 and the proposals are currently under further development, the information contained within the booklet remains relevant to the scheme. As the scheme will be subject to Environmental Impact Assessment, the Environmental Scoping Report was also issued to the IPC on 25

th July 2011 with a request for a Scoping Opinion. You may therefore

also have been contacted separately by the IPC in relation to the consultation on the Scoping Report. Luton Borough Council has been progressing the scheme since 2009 and has previously undertaken a number of consultation exercises, including consultation exhibitions. We therefore appreciate that you may have previously received information about the scheme and may also have provided comments. The proposed scheme alignment has, however, been modified recently, and is currently as shown in the red line plan provided in the consultation pack. Whether or not you have provided comments previously, we would welcome comments on the current scheme proposals.

Our Ref: 47025009/SBB/Stat Con/027

Your Ref:

Virgin Media 1 Dove Wynd Strathclyde Business park Bellshill ML4 3AL Date: 24 August 2011

Page: 2 of 2

All comments and queries should be sent to: Michael Kilroy (Project Manager) Transportation Strategy Luton Borough Council Town Hall Luton LU1 2BQ mail: [email protected] Comments may also be emailed to: [email protected] Please send all comments to reach us by 28 days after the date of receipt of this letter. Should you be unable to read the CD for any reason, please contact Sheila Banks at the address below and we will arrange to have a hard copy of the consultation pack sent to you. A Statement of Community Consultation (SOCC), containing details of the Community Consultation, which is required under Section 47 of the Planning Act 2008, will be published in due course. As part of the Community Consultation exercise, it is proposed that two exhibitions will be held in October 2011. Documents, maps and drawings relating to the Scheme will also be made available to view free of charge at the Planning Reception, 2

nd Floor, Town Hall, Luton, LU1 2BQ , at that time. As a statutory

consultee you will also be welcome to attend these events and/or view the available information. A Consultation Report will be produced after the completion of the Community Consultation. Yours faithfully for URS Scott Wilson Ltd Dr Sheila Banks Principal Environmental Scientist Midlands Planning, Environment and Landscape URS Scott Wilson Direct Line: +44 (0)1246 244510 [email protected]



June 2012

Appendix 5 - S42 Consultation – Schedule of Relevant Responses



June 2012


Page 1 of 8

Planning Act 2008: Section 42 – prescribed consultees The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009: Schedule 1

PLANNING ACT 2008: SECTION 42 – PRESCRIBED CONSULTEES (A)

Consultee Date consulted

Response deadline Summary of response

Change Y/N? Regard had to response (s49)

Bedfordshire and Luton Local Resilience Forum (C002)

25/08/11 23/9/11 No comment on the scheme, but forwarded to all their category 1 Responders

N Comments received from the police (refer to C074 & C081)

Chiltern Conservation Board

(C003)

24/08/11 22/9/11 No Comments N No response required.

Natural England (NE)

(C005 & C035)

24/08/11 22/9/11 NE understands the scheme is considered to require an EIA, and anticipates providing further comments when the Environmental Statement has been prepared, preferably before submission to the IPC

NE considers the proposed improvements are unlikely to have a significant impact on any nationally designated landscapes or biodiversity sites

NE stated the development site and the surrounding area are likely to support a range of protected and UK Biodiversity Action Plan species and habitats. The developer should consult with the local Wildlife Trust.

NE was pleased that the landscape and visual impact had been scoped into the EIA, and advised that Guidelines for Landscape and Visual Impact Assessment (GLVIA) produced by the Institute of Environmental Management and Assessment is used as a key reference point in preparing the EIA.

NE was pleased to note the inclusion of pedestrian and cycle routes as part of the project.

N

NE did not provide comments on the EIA Scoping Report to IPC. However they did provide a response to consultation by Luton Borough Council on an earlier version of the EIA Scoping Report (June 2009) prepared in accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999; (as amended 2000, 2007, 2008) – prior to the decision being made to submit the application to the IPC under the Planning Act, 2008.

Desk study information for use in the EIA was sought from, and provided by the Bedfordshire and Luton Biodiversity Recording and Monitoring Centre at the Wildlife Trust in Bedford. Information on the scheme was also provided to the Wildlife Trust as part of the Section 47 community consultation. No response was provided by the Wildlife Trust relating to the Section 47 consultation.

The landscape and visual assessment, as presented in the Environmental Statement, is based on guidance given in the GLVIA (IEMA/LI), in addition to guidance given in the Countryside Agency/Scottish Natural Heritage Landscape Character Assessment - Guidance for England and Scotland, and the Highways Agency’s Design Manual for Roads and Bridges, Volume 11,Section 3, Part 5.

Page 2 of 8

PLANNING ACT 2008: SECTION 42 – PRESCRIBED CONSULTEES (A)




The provision of pedestrian and cycle routes is an integral part of the proposed scheme. A suitable level of provision for pedestrians and cyclists will be provided where practical.

The draft Environmental Statement has been issued to NE for comment prior to submission to the IPC. No issues raised – discussions ongoing with the Wildlife Trust, also no issues raised.

GTC (1)

(C061)

24/08/11

22/9/11 No Comment on behalf of Utility Grid Installations Ltd, GTC Pipelines Ltd and The Electricity Network Company Ltd

N No response required.

NATS (En Route) Ltd (2)

(C062)

24/08/11 22/9/11 No safeguarding objections to the proposal, subject to no significant changes to the proposed scheme

N No response required.

Thames Water Utilities Ltd

(C068)

24/08/11 22/9/11 Thames Water Utilities do not envisage diversion works will be needed to their apparatus subject to compliance with their stated conditions

N These comments match up with previously supplied comments following the issue of a New Roads and Streetworks Act (NRSWA) C3 Notice. LBC will comply with Thames Water Utilities Ltd’s conditions when working near their apparatus.

Bedfordshire Police

(C074 & C081)

24/08/11 22/9/11 Bedfordshire Police noted the current scheme does not convert the A1081 London Road / Newlands Road junction into a roundabout as in an earlier option. They stated their concerns about this junction due to the high accident rate as a result of vehicles pulling out in front of oncoming traffic or tail shunts.

Bedfordshire Police stated the proposed speed camera and associated maintenance lay-bys locations on the M1 Spur / A1081 Airport Way appear to be in good positions.

The proposed speed limits are acceptable when supported with camera enforcement.

N The inclusions of improvement at the Newlands Road junction have been considered at length, but were rejected. The improvement works at the junction could not be justified considering the improved accident rate following the improvement works in 2009.

The average speed cameras and maintenance lay-bys will be provided as indicated. Any subsequent changes will be agreed with Bedfordshire Police.

The DCO includes for the provision of the speed limits indicated on the consultation drawing provided to the police.

(1) Not clear how GTC received the consultation, they were not directly addressed in the Section 42 Consultation Distribution.

(2) Assumed to be responding to the consultation pack

sent to The Civil Aviation Authority

Page 3 of 8

Planning Act 2008: Section 42 – local authorities Prescribed under section 43 of the Act

PLANNING ACT 2008: SECTION 42 – LOCAL AUTHORITIES




Aylesbury Vale District Council

(C077)

24/08/11 22/9/11 No Comment N No response required

Central Bedfordshire Council (CBC)

(C091)

24/08/11 22/9/11 CBC continues to support the proposed scheme

CBC feels the scheme will assist economic growth and provide benefits to the wider community through the improvement to the operation of the junction

N Support noted.

Page 4 of 8

Planning Act 2008: Section 42 – persons with an interest in the land Prescribed under section 44 of the Act

PLANNING ACT 2008: SECTION 42 – PERSONS WITH AN INTEREST IN THE LAND




Active Luton

(C013)

24/08/11 22/9/11 Request for more booklets N More booklets provided as requested. No comments received.

Owner 149 London Road

(C080)

24/08/11 22/9/11 Concerned about the possible illicit and anti social uses of the redundant section of London Road (North) to be retained as an access road.

Y Subsequent to the S42 consultation and the Community Consultation (undertaken under Section 47 of the Planning Act 2008), the Scheme alignment has been amended to move the northern roundabout further to the east. As part of the revised Scheme alignment, the redundant section of London Road (North) would be removed such that it could no longer be used as a road/parking area. It would then be grassed over and would become open space accessible to the public. The potential for this area to be used for illicit purposes and anti-social behaviour associated with vehicles parking in the area, or fly-tipping, should therefore be reduced.

Owner 151 London Road (1)

(V3)

24/08/11 22/9/11 Concerned about the possible illicit and anti social uses of the redundant section of London Road (North) to be retained as an access road.

Y Subsequent to the S42 consultation and the Community Consultation (undertaken under Section 47 of the Planning Act 2008), the Scheme alignment has been amended to move the northern roundabout further to the east. As part of the revised Scheme alignment, the redundant section of London Road (North) would be removed such that it could no longer be used as a road/parking area. It would then be grassed over and would become open space accessible to the public. The potential for this area to be used for illicit purposes and anti-social behaviour associated with vehicles parking in the area, or fly-tipping, should therefore be reduced.

Owner 40 Bullwood Cottages

(1)

(V4)

24/08/11 22/9/11 Concerned about the possible illicit and anti social uses of the redundant section of London Road (South) to be retained as an access road.

Y LBC will undertake works to reduce the risk that the redundant road will be used for illicit purposes. LBC consulted on narrowing the road to reduce this risk of anti-social use.

Page 5 of 8





Legal & General Property Limited (L&G)

(C001 & C089)

24/08/11 22/9/11 L&G does not consider that it has been adequately consulted on the proposed scheme, as a major landowner affected by the scheme.

LBC has not responded to L&G’s requests to discuss alternative schemes with a reduced land take and increased capacity.

LBC indicated in a meeting with L&G on 14 September 2011 that it would consider amending the proposed scheme, provided that the orders were not delayed and detailed scheme did not prejudice or delay the construction of the scheme.

L&G suggest that its alternative scheme (developed by SKM Buchanan) creates additional capacity and has greater weaving lengths than the proposed scheme.

The proposed scheme has no capacity for developments other than those included in the now withdrawn core strategy.

The proposed scheme’s landtake is greater than necessary.

L&G request that it is consulted further to allow its concerns to be addressed prior to the submission of an application to the IPC.

L&G requested that its alternative option was included in the Community Consultation exhibitions.

L&G objects to the proposed scheme due to a failure to consult it properly and that it fails to take account of the change in planning circumstances resulting from the withdrawal of the joint core strategy

N

LBC responded by email on 17 November 2011, followed by letter on 18 January 2012.

LBC made the following points in response:

Any changes to the Council’s proposed scheme, to the design and ultimately construction, which would incur additional costs to the Council, will have to be paid for and underwritten in advance by L&G. Until this undertaking is received, the Council considers it reasonable to progress the proposed improvements on the basis of the preferred design.

The Council disagrees with L&G’s statement that LBC did not respond to L&G’s request to discuss alternative schemes in 2009 and 2010. Meetings having been held with L&G in June 2009, December 2010 and May 2011. At those meetings, LBC has updated L&G on progress in developing the proposals for M1 J10a.

The L&G proposals for development on its land were never part of the pre-submission Core Strategy. Central Bedfordshire has decided that any development in its area in the former joint LDF will be progressed as part of its LDF, and Luton Council is in the early stages of developing a new Local Plan. Given that L&G’s site is within Central Bedfordshire and also part of Hertfordshire, L&G should engage with the relevant planning authorities to progress any proposed development of L&G’s site.

Until such time as any different development proposals come forward it is reasonable that the capacity of the proposed scheme is based on any known permitted developments and those sites allocated in the joint Core Strategy that could be affected by the planned improvement to M1 J10a. As the main promoter of the scheme, however, the Council will have to take account of any further changes to the local development plan, and this will be undertaken, when appropriate, as a series of sensitivity tests.

Page 6 of 8





LBC went on to make the point that it would be possible, within the land constraints of the Council’s current design for M1 J10a, together with some additional land from L&G, to amend the layout of the two new roundabouts on either side of the M1 Spur. LBC went on to state that the Council is only willing to consider any amendments provided that L&G fund the additional costs.

The Council does not consider it appropriate to comment on L&G’s proposed alternative alignment until the Highways Agency (HA) has commented on the acceptability of the proposed link onto the M1 J10 southbound slip road. LBC understand that L&G has written to the HA to seek its views in relation to this. It would be helpful if L&G could update the Council on the HA’s response.

With regard to including L&G’s highway proposals at the recent pre-submission consultation, this would not have been possible as the exhibition leaflet had already been finalised at the time this was suggested. Notwithstanding this, the Council consider that it would have been inappropriate to consult the local community about any highway improvements necessary to support L&G’s development proposals.

Page 7 of 8





Stockwood Park Property Holdings Ltd (Agent: Bidwells)

(C112)

24/08/11 22/9/11 Commented on the current status of the Planning Strategy of the area.

Bidwells was pleased that J10A has been accepted by the Government for Regional Growth Funding consideration subject to due diligence but raised a concern that land associated with the junction could be indefinitely blighted if funding is not guaranteed.

Bidwells queried that the scheme is an NSIP.

Bidwells raised concerns about the viability of its client’s remaining land to support the stadium and associated development and concerns that less land hungry options have been discounted.

N LBC responded by letter dated 10 January 2012.

With regard to funding LBC is continuing to seek further funding receipts from developers of the various development sites that would benefit from the junction improvements.

LBC referred to a meeting with Bidwells on 4 July 2011 at which feedback of the impacts on land held by Stockwood Park Property Holdings was requested, in particular how the scheme would affect how a stadium could be accommodated on the land that would remain available after construction of the new M1 J10a junction as proposed at that time.

In response to the suggestion that the underbridge could be located on the eastern side of the new slip road infrastructure – thereby reducing land take, LBC responded that that option had been explored and had been ruled out for various reasons including environmental constraints, buildability and cost.

LBC offered to make the results of non-motorised user surveys available to Bidwells should they wish, and commented that, whilst there is not a high existing level of cycle usage, there may be suppressed demand due to the difficulties of negotiating the existing roundabout.

Finally LBC commented that, following the public consultation LBC is currently revising the scheme layout with a view to making small alterations to the northern roundabout and would like to obtain Bidwells’ views at the earliest opportunity given that any changes would impact upon the land take and possible future access to their Client’s site.

Subsequent consultation:

LBC met Bidwells on 12 January 2012 and presented 2 options for the relocated northern roundabout. Bidwells indicated that its client would object to any scheme which precluded construction of a future access from the

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roundabout onto their Client’s land. In a letter to LBC, dated 31 January 2012, Bidwells stated its preference would be for an option which would provide a suitable access from the northern roundabout onto its Clients’ land to facilitate the delivery of development envisaged under Local Plan Allocation SA1. Bidwells sought confirmation that any scheme progressed through the IPC would plan for and include the site access off the northern roundabout as part of the application and this spur to be constructed as an integral part of the J10a scheme.

Discussions with Bidwells are currently on-going.

(1) Comments received verbally at the Community Consultation 2011 exhibition.