Highways Agency

• 1 land use & development control statement

1 land use & development control statement

1 Land Use & Development Control Statement

Planning Policy Guidance Note 13 (PPG13) sets out national planning policy in respect oftransport. In accordance with Annex B of PPG13 the Highways Agency (HA) encourages localplanning authorities (lpas) to consider alternatives to the use of the private car in devisingaccess to local developments. The HA will take these alternatives into account, providing theyhave been agreed and secured, when it assesses the scale of or need for relevant highwaysworks.

The new Planning & Compulsory Purchase Act, together with associated revised secondarylegislation and emerging guidance, is expected to change completely the way planning isdone in England. The relevant parts of the Act came into force in Autumn 2004. Among its keyobjectives are to create a more holistic planning framework to deliver a wider spatial planningapproach rather than simply guiding land use.

The new system will put Regional Spatial Strategies (RSS) on a statutory basis, abolishStructure Plans (after a transitional period) and introduce Local Development Frameworks(LDF) to replace Local Plans and Unitary Development Plans. LDFs will comprise a set or'folder' of Local Development Documents which together will guide development in the localauthority's area.

The LDF will be made up of a Core Strategy (consistent with the RSS), and a series of otherDevelopment Plan Documents (outlining policies within themes), Supplementary PlanningDocuments (similar to current Supplementary Planning Guidance) and a Statement ofCommunity Involvement (SCI) formally setting out the consultation and engagementprocesses throughout the life of the LDF. Most LDFs will also include local area action plans.In addition it will include a Local Development Scheme which sets the timetable fordeveloping, monitoring and reviewing the LDF. The Highways Agency is a statutory consultee.

It is envisaged that Land Use and Development Control Statements from this and other RMSscould inform parts of the LDF and the HA will seek to engage with Local Authorities toconsider how best this can be achieved.

Under the system replaced by the Planning and Compulsory Purchase Act county councilsproduced Structure Plans and local planning authorities (district councils, unitary authoritiesand London Boroughs) produced Local Plans. These will still be valid for some time. In theSouth East of England these and the LDFs ward brought forward under the new system areset in the strategic context of Regional Planning Guidance 9 (RPG 9). RPG9 should be read inthe context of the Government's ten-year plan for transport (Transport 2010) published in July2000.

As part of an interim update, the Regional Planning Body (South East of England RegionalAssembly) have prepared a Regional Transport Strategy to replace the Transport Chapter(Chapter 9) of RPG9. The adopted version of the Regional Transport Strategy was publishedin July 2004. Following the commencement of the Planning and Compulsory Purchase Act,this now forms part of the "development plan". .The Regional Transport Strategy will provide regional priorities for transport investment and management across all modes to supportRPG9. The new Regional Spatial Strategy (the South East Plan) is currently under preparationand will replace RPG9 once published. The revised regional planning guidance for WestMidlands (RPG11) was published on 15 June 2004. For the East Midlands a revised RPG 8,including Regional Transport Strategy, will be issued in 2005. The revised RPG 8 will replacethe current version published in January 2002.

In some cases existing strategic studies provide a way of identifying planning and transportoptions within a corridor or area.

Currently County Councils are l responsible for Structure Plans, which will, until they areabolished, continue to set the strategic framework for development within each county.and forMineral and Waste Plans District Councils' Local Plans will also continue to set out thelocations in which particular types of development should take place; an indication of theoverall density of that development; together with policies that govern development within theirarea. The HA will continue to respond to these as appropriate.

Developers will continue to submit planning applications with detailed proposals for individualsites. In addition, local highway authorities will still prepare Local Transport Plans (LTPs) thatlook specifically at transport issues and set out authorities' proposals in this field over a 5-yearperiod.

DTLR Circular 4/2001 sets out national development control policy for the trunk road andmotorway network. In order to maintain safety and free flow of traffic, policy in the past hasbeen to discourage the formation of new accesses to trunk roads. In keeping with theobjectives of an integrated transport policy, the HA has adopted a graduated policy on theprovision of new connections to trunk roads and motorways or the intensified use of existingones. However access will continue to be most severely restricted in the case of motorwaysand high standard routes of the greatest strategic importance.

Paragraph 6 of Circular 4/2001 states "Of particular importance is that trunk roads should notbe regarded as a convenient means of dealing with local problems, for example by proposingadditional junctions on them simply in order to relieve traffic pressures within the local area.

Circular 4/2001 also applies to developments near existing trunk roads and motorwaysjunctions where the effect of development would be material on the junction.

The HA is responsible to the Secretary of State for the implementation of his policies and thefulfillment of his duties in respect of the trunk road and motorway network. In this context theHA may exercise the Secretary of State's powers to direct local planning authorities (lpas) inrespect of planning applications.

The Town and Country Planning (General Development Procedure) order 1995 requirescounty councils and lpas to consult the HA about planning applications that may affect theoperation of the Trunk Road network and or that may result in a material increase in thevolume of traffic entering or leaving the trunk road or motorway. This document is not StandingAdvice described by ODPM circular 8/2003, and guidance on which applications to consult onis given in Circular 4/2001.

Paragraph 23 of PPG13 expects planning applications to be accompanied by a TransportAssessment, where the development will have significant transport implications. The HA will expect the developer to provide a Transport Assessment in such cases. The HA is likely todirect the lpa not to permit an application where the developer has not supplied an adequateTransport Assessment and the HA believes one is necessary to establish the effect of thedevelopment on the trunk road or motorway. The HA will withdraw this "holding direction" whenthe developer supplies adequate information and the HA has had the opportunity to assess it.

In some cases proposed development will only be acceptable if measures are required on thetrunk road network to mitigate the impact of the proposed development. Circular 4/2001 givesguidance on the operational life required of these measures, how developers should agreethem with the HA, how they will be conditioned into planning permissions and how developersshould pay the HA for them.

Measures required to accommodate development, including measures on trunk roads ormotorways, may be delivered more effectively if they are funded on a joint basis by a numberof developers in an area. The HA encourages lpas to draw up development briefs whereappropriate to identify these measures. The HA will help lpas to incorporate any measures ontrunk roads into these briefs. The HA will also seek to facilitate mechanisms to collect anddistribute payments for the measures needed. However the HA would not expect to be a"purse holder" and for legal reasons cannot be a party to agreements under Section 106 of theTown and Country Planning Act 1990. A joint fund would have to reimburse the HA usingSection 278 of the Highways Act 1980 for any measures on the trunk road or motorway.

The HA encourages developers to discuss development proposals with the HA at an earlystage. This will help both parties to understand the full implications of the proposals and avoidunnecessary cost, delay and disappointment.

1.1 The Impact of Development on the M40 and A40

The Government's ten-year plan for transport contains as a target the reduction of roadcongestion on the inter-urban network in England below 2001 levels by 2010 throughinvestment in infrastructure to increase capacity.

In revisions to Development Plans and LTPs, the HA will encourage local planning andhighway authorities, to include policies and/or measures that:Ensure traffic leaving the M40 can exit without dangerous tailbacks on to the maincarriageway;Ensure traffic can safely join the M40 without exceeding the peak capacity of a particular link.

Guidance on the peak capacity of trunk roads and motorways is given in HA StandardTD22/92. For example Section 3.2 advises that the maximum lane capacity for All-PurposeRoads should be taken as 1600 vehicles per hour and for motorways it should be taken as1800 vehicles per hour.

1.2 Analysis of Local Development Plans

An extensive exercise has been carried out in order to identify, as far as possible, all thepotential development sites around the M40 and A40 that could give rise to significantadditional traffic on the trunk road.

The Structure and Local Plans for county councils and lpas through which the M40 and A40pass have been reviewed and noted. (See Annex A) In addition, relevant staff within the HAhave been consulted in order to identify major potential or actual developments that may orwill give rise to additional traffic on the M40 and A40.

The information gathered as a result of these actions is shown for individual sections on eachlink schematic shown within this statement. (See Annex B).The treatment of development at certain locations (eg Bicester and Banbury) which maygenerate significant additional traffic on the M40 /A40 and their junctions is detailed in AnnexC below.

Uncertainties over allocations within the Northamptonshire Structure Plan have arisen as aresult of a High Court Challenge from South Northamptonshire District Council whicheffectively left half of the County's housing and employment allocations disassociated withindividual districts. The emphasis has now been placed on the emerging Local Plans orsubsequent Local Development Frameworks to determine exactly how these allocations willbe shared out. Further details are outlined in Annex A below.

1.3 National Procedures and Policy - Control of Advertisements

Planning Policy Guidance Note 19 (PPG19) sets out national planning policy in respect ofcontrol of advertisements. Paragraph 15 deals with public safety issues including the potentialfor advertisements to distract drivers.Further advice on assessing the public safety implications of the display of an advertisement isgiven in Appendix B to the Annex to DOE Circular 5/92.

Appendix B also requires lpas to take advice from the Secretary of State for Transport beforegranting consent of an application for an advertisement, where it appears to the lpa that thismay affect the safety of trunk road and motorway users. The HA provides this advice on behalfof the Secretary of State.