A19 / A184 Testos Junction Improvement

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

There is a statutory duty, under section 51 of the Planning Act 2008, to record the advice that is given in relation to an application or a potential application, including the name of the person who requested the advice, and to make this publicly available.

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Enquiry received via email
Having reviewed your hearing agendas I wish to raise an issue best discussed in your Issue Specific Hearing (ISH). However at this moment in time I don’t believe my attendance at this meeting is required.
Northern Gas Network own and operate a 12” steel intermediate pressure gas main that crosses the roundabout I believe you are carrying out work. (att is our plans)
We treat our IP pipelines with the same safety protocols as our HP assets which insist that all work carried out in proximity to this pipeline is subject to NGN procedure SSW22 which I have also attached. This includes supervision of work within 3m of the pipeline.

Have you/your other consultees considered our pipeline and discussed this with any other member of NGN such as our diversions team/major projects? (if you are planning to divert)
Please can you present to me the scope of your works and how this will affect our asset. I am happy to arrange a site meeting, free of charge, with one of our pipeline technicians to discuss the projection of our pipeline should you wish?
Firstly, Highways England (the Applicant) has submitted an application under Section 37 of the Planning Act 2008 (PA2008) for an order to grant development consent (a DCO) for the A19/A184 Testos Junction Improvement scheme. The application is currently being examined by the Planning Inspectorate on behalf of the Secretary of State for Transport (SoST). Therefore, I recommend you contacting Highways England directly with regards to the scope of the works.

As you are unable to attend the hearings next week to address your concerns set out in your email below to the Applicant, would you like the Examining Authority (ExA), appointed on behalf of the SoST to examine the application, to address these concerns to the Applicant? There is scope to accept your email as an ‘Additional Submission’ in order to refer to it during the Compulsory Acquisition Hearing (CAH1) scheduled for 18 January 2018, when addressing Statutory Undertakers provisions of the PA2008.

If you do wish for your concerns to be brought to the ExA’s attention, please advise if you wish to submit them again in a more formal letter or are happy for your email to be used.

11 January 2018
Northern Gas Networks - David Turner
Enquiry received via email
response has attachments
Highways England submitted a draft Consultation Report and draft Planning Statement for comment
Please see the attached feedback summaries

21 June 2017
Highways England - Helen Apps
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see the attached meeting note

13 June 2017
Highways England - Helen Apps
Enquiry received via meeting
response has attachments
Draft document review meeting
Please see attached meeting note and the draft application documents feedback summary.

11 May 2017
Highways England - Helen Apps
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see the attached note

07 February 2017
Highways England - Helen Apps
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see attached meeting note.

09 November 2016
Highways England
Enquiry received via meeting
response has attachments
Project Update Meeting in respect of cumulative effects.
Please see attached meeting note.

18 October 2016
Highways England
Enquiry received via meeting
response has attachments
Conference call to discuss the A19 Testos junction project
Please see the attached meeting note

21 September 2016
Highways England
Enquiry received via email
response has attachments
The Planning Inspectorate's feedback on draft documents submitted by Highways England in July 2015.
Please see the attached document.

24 November 2015
Highways England - Helen Apps
Enquiry received via meeting
response has attachments
Meeting with Highways England to discuss progress and forward programme for the A19/A184 Testos Junction Improvement Scheme.
Please see the attached meeting note.

23 June 2015
Highways England - Helen Apps
Enquiry received via email
Section 51 advice giving feedback on the draft Consultation Report.
Below are some observations on the A19 Testos Junction Draft Consultation Report dated February 2015.

? Given the timing of likely submission, it is assumed that the ?branding? of the document will change to Highways England and as such it might be useful to include a brief overview of the change from Highways Agency to Highways England.

? Page 2 Compliance Table ? could the table include a ?Location? column or similar for quick cross-referencing. S46 - could this refer to the
? Letter sent to PINS dated 10 October included in Appendix G, as ?Submission to Minister? could suggest a different document.

? Para 2.1.2 ? CLG Guidance on Pre-Application has now been updated (March 2015) and as such it is advisable to review the contents and approach of the Consultation Report in light of that up-dated guidance.

? Para 2.3.16 states that Appendix A Location Plan shows ?existing road arrangements? but the scale at which the Plan is reproduced means that this is not easily apparent, and that it includes ?the above key features? but only some are identified.

? Para 3.1.7 ? it is unclear whether a final Stage 1 Scheme Appraisal report was produced as only a draft version is referred to although para 3.1.10 does appear to suggest a final Stage 1 SAR. Furthermore, there is no indication as to whether that appraisal concluded on one of the two feasible options.
? Para 3.1.11 ? is unclear which of the preferred options was ?consulted? upon and how that option relates to the currently proposed scheme.

? Presentation of ?options? in 2009 public consultation ? PINS have previously made comments on this through email and meetings.
? Para 3.2.32 ? statement that this approach was approved by DfT Legal Service Teams, is there evidence of this in writing?

? Para 6.2.1 and Appendix I ? are the two lists identical (Appendix I and PINS? Reg 9(1)(a) list) and if not, is an explanation given as to why there might be differences (e.g. Civil Aviation Authority and Northumbria Water)?
? Para 6.4.5 ? statement that to comply with Data Protection principles a list of those consulted under s44 will not be included in the Consultation Report; we would like to understand more about this principle as we believe this has not been universally applied.

? Para 6.5.1 and Appendix J ? para 6.5.1 says Appendix J contains copies of feedback that were received and the responses issued in return; it is unclear what ?responses? means e.g. responses from consultees or the Applicant, and if it is the latter then no responses are included. The connection between the text for s42 consultation, Appendix J and Table 1 is not clear about why some responses have been included in Table 1 and others only included in Appendix J (e.g. British Horse Society and Church Commissioners) and under which section of the PA2008 they have been consulted.

? Page 2 Compliance Table Preparation of SoCC ? indicates a meeting took place as evidence of compliance but this is not mentioned in the text in Section 7.

? Section 7 ? with reference to PINS Advice Note 14, it would be helpful to provide a summary of the rationale behind the SoCC methodology. It would also be helpful to include copies of correspondence with Local Authorities about the draft SoCC, demonstrating the 28 day for responses and recording any responses made. The commentary on this evidence is included within the text, but the evidence is not included.
? Para 7.4 ? refers to a consultation leaflet and questionnaire but copies of these have not been included. A sketch map for distribution area is included but no summary of why this was considered a suitable area.
? Para 7.7.2 ? the commentary at this part of the report is stating how the consultation satisfied the SoCC. The report states that following discussion with NISSAN representatives it was decided to host a second exhibition at the manufacturing plant but this was already noted in SoCC?
? Section 7 ? does not contain any reference as to whether the offer of meetings outlined in the SoCC was taken up?
? Para 7.5.4 ? on a technical point, PA2008 doesn?t require material for s47 to be available for a specified/minimum amount of time. It is the provisions of s45 (in respect of s42 consultees) and s48 and the APFP Reg 4 that sets out a deadline for receipt of responses on the material rather than the availability of material.

? Appendix N ? contains the S48 notice but no copies of the relevant newspaper notices.

? Para 7.10.20 ? provides no explanation as to why 10 questionnaires ?required? a response and the others did not. The implications of the cases identified with italics is not clearly set out.
? Could Appendix P be separated out into questionnaire comments and Applicant?s response to certain comments. Can it be confirmed that the Tables of comments are complete. Is there an explanation as to why a task similar to Table 5 has not been carried out in respect of all comments?

? Section 7.14 ? if no further consultation is planned, is the Applicant satisfied that the modifications outlined in section 7.14 do not trigger the need for more proportionate/directed consultation and has it triggered the need to review the land interests?

08 May 2015
Highways Agency - Gary Frost
Enquiry received via meeting
response has attachments
Meeting to discuss the A19 / A184 Testos Junction project. Please see attached meeting note.

02 December 2014
Highways Agency
Enquiry received via meeting
response has attachments
Project update meeting on A19/A184 Testos Junction Improvement
Please see meeting note attached for details.

25 September 2014
Highways Agency - Helen Apps
Enquiry received via meeting
response has attachments
Initial meeting with the Highways Agency
See attached meeting note

26 June 2014
The Highways Agency - Adam Clelland