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Durham Green Industrial Estate Development
28th November 2007
Durham Green Industrial Estate Development
The Highways Agency issued a six-month holding direction for the proposed Durham Green Industrial Estate Development on 5 October 2005. This was in order to seek more information from the developer.
An Article 14 Holding Direction is formal notice to a local authority that the Highways Agency wishes to receive more information about a proposed development which could increase traffic on a strategic road before making a recommendation on planning consent.
The Highways Agency wanted more information from the developer about how they planned to mitigate the impact on the strategic road network.
The developer subsequently withdrew the application on 31 March 2006.
Following extensive discussions between the Agency and the developer, the developer re-submitted an application on 2 August 2006. This led to the Agency informing the local planning authority (Durham City Council) that permission could be granted provided certain conditions were complied with.
On the 18th September 2006 the Agency passed this application to the Local Planning Authority stating that it had no objection subject to conditions requiring improvements to the strategic network.
The Highways Agency was content because the application that was resubmitted demonstrated clearly what the impact would be on the strategic and local road network and identified the mitigation measures that were required.
This process does not require Ministerial involvement of any kind. As an executive agency of the Department for Transport, the Highways Agency carries out this process on behalf of the Secretary of State. It has delegated authority to make the relevant decisions in the name of the Secretary of State.
In the freedom of information response of 13 November, references to the Secretary of State do not relate to any particular holder of the office and do not imply any personal communication with the Secretary of State. As we have already made clear, the Secretary of State was not asked to approve the Highways Agency decision and had no involvement in any part of the process.
The Highways Agency has no record and no knowledge of any correspondence or communication between Ministers, Ministerial Offices or Special Advisers concerning Durham Green Developments, or any of the issues raised in this correspondence.
