Appendix 3: Policies Map

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Object

Nottinghamshire Minerals Local Plan Publication Version

Representation ID: 273

Received: 11/10/2019

Respondent: Sir or Madam

Legally compliant? Yes

Sound? No

Duty to co-operate? No

Representation Summary:

Thank you for consulting HS2 Ltd on the above matter, we have the following comments and observations to make on the document.
In our response to the previous consultation, we set out the development of the High Speed 2 (HS2) project from the announcement of the preferred route in 2016 and the refinements that have subsequently been made. The latest Safeguarding Directions came into force on 6 June 2019, replacing those previously issued to local planning authorities on 27 September 2017.
These Safeguarding Directions have been issued in order to protect the entire preferred Phase 2b route of HS2 from conflicting development. Safeguarding is an established tool of the planning system designed for this purpose and aims to ensure that new developments along the route do not impact on the ability to build or operate HS2, or lead to excessive additional costs. The full package of supporting documents and guidance for local planning authorities can be downloaded from the HS2 dedicated safeguarding website pages at: https://www.gov.uk/government/collections/hs2-safeguarding.
The published HS2 guidance on Local Plans offered to Local Planning Authorities in advice accompanying the formal Safeguarding Directions. In line with this guidance, it is positive that the HS2 Safeguarded Area has been identified on the Policies Map in the Plan. Whilst HS2 is referenced in paragraph 2.5 of the Plan, we suggest the following matters are addressed:
. That the points made in paragraph 25 of the Safeguarding Direction are included in the Plan, namely “Local Plans should state that the Safeguarding Directions have been made by the Secretary of State for Transport. They are not proposals of the LPA and the route in question will not be determined through the development plan process. The route will be considered in Parliament under hybrid Bill procedures, which will provide appropriate opportunities for petitions to be made to Parliament by those directly affected by the scheme”.
. Note that at this stage plans for the design and construction of the Phase 2b line are subject to ongoing work and refinement, with the associated limits of land subject to the Safeguarding Directions also subject to change.
. Reference the fact that the safeguarded area (2019) is shown on the policies map (and amend key on the polices map to HS2 Phase 2b Safeguarded Area).
On related HS2 matters, we would like to make the following additional points:
. As an important part of the evidence base for the Plan, the Local Aggregates Assessment includes an estimate of the tonnes of aggregates needed for HS2 Phase 2b. As the route is subject to ongoing design and construction plans, the volume of material is yet to be determined so we are unable to provide any further details at this stage. To meet the overall requirements of the NPPF to ensure there is sufficient supply of minerals to provide the infrastructure, buildings, energy and goods that the country needs, and the need for MPAs to plan for the steady and adequate supply of aggregates, we understand why this estimate has been made.
. The Phase 2b Working Draft Environmental Statement identifies the potential option for borrow pits to address the anticipated shortfall of acceptable engineering material to construct the railway embankments. Where needed, the location of these would be identified in the formal Environment Statement, and would be subject to the HS2 planning regime rather than the normal process. We expect this approach to be in line with the legislative provisions and environmental controls of the other phases of HS2. Whilst the NPPF would therefore not be applicable to the proposed Phase 2b scheme, for best practice and to achieve a sustainable scheme, the principles within the NPPF are being followed.

Full text:

Thank you for consulting HS2 Ltd on the above matter, we have the following comments and observations to make on the document.
In our response to the previous consultation, we set out the development of the High Speed 2 (HS2) project from the announcement of the preferred route in 2016 and the refinements that have subsequently been made. The latest Safeguarding Directions came into force on 6 June 2019, replacing those previously issued to local planning authorities on 27 September 2017.
These Safeguarding Directions have been issued in order to protect the entire preferred Phase 2b route of HS2 from conflicting development. Safeguarding is an established tool of the planning system designed for this purpose and aims to ensure that new developments along the route do not impact on the ability to build or operate HS2, or lead to excessive additional costs. The full package of supporting documents and guidance for local planning authorities can be downloaded from the HS2 dedicated safeguarding website pages at: https://www.gov.uk/government/collections/hs2-safeguarding.
The published HS2 guidance on Local Plans offered to Local Planning Authorities in advice accompanying the formal Safeguarding Directions. In line with this guidance, it is positive that the HS2 Safeguarded Area has been identified on the Policies Map in the Plan. Whilst HS2 is referenced in paragraph 2.5 of the Plan, we suggest the following matters are addressed:
. That the points made in paragraph 25 of the Safeguarding Direction are included in the Plan, namely “Local Plans should state that the Safeguarding Directions have been made by the Secretary of State for Transport. They are not proposals of the LPA and the route in question will not be determined through the development plan process. The route will be considered in Parliament under hybrid Bill procedures, which will provide appropriate opportunities for petitions to be made to Parliament by those directly affected by the scheme”.
. Note that at this stage plans for the design and construction of the Phase 2b line are subject to ongoing work and refinement, with the associated limits of land subject to the Safeguarding Directions also subject to change.
. Reference the fact that the safeguarded area (2019) is shown on the policies map (and amend key on the polices map to HS2 Phase 2b Safeguarded Area).
On related HS2 matters, we would like to make the following additional points:
. As an important part of the evidence base for the Plan, the Local Aggregates Assessment includes an estimate of the tonnes of aggregates needed for HS2 Phase 2b. As the route is subject to ongoing design and construction plans, the volume of material is yet to be determined so we are unable to provide any further details at this stage. To meet the overall requirements of the NPPF to ensure there is sufficient supply of minerals to provide the infrastructure, buildings, energy and goods that the country needs, and the need for MPAs to plan for the steady and adequate supply of aggregates, we understand why this estimate has been made.
. The Phase 2b Working Draft Environmental Statement identifies the potential option for borrow pits to address the anticipated shortfall of acceptable engineering material to construct the railway embankments. Where needed, the location of these would be identified in the formal Environment Statement, and would be subject to the HS2 planning regime rather than the normal process. We expect this approach to be in line with the legislative provisions and environmental controls of the other phases of HS2. Whilst the NPPF would therefore not be applicable to the proposed Phase 2b scheme, for best practice and to achieve a sustainable scheme, the principles within the NPPF are being followed.