Decision details

Reason for the decision

The Application for the Lower Thames Crossing was submitted by National Highways to the Planning Inspectorate under section 37(2) of the Planning Act (PA) 2008 on 31^st October 2022. The project constitutes a Nationally Significant Infrastructure Project (NSIP) under Sections 14 and 22 of the Planning Act 2008 and would provide a second strategic road network dual carriageway crossing of the Thames estuary east of Greater London.

As a host authority, KCC have a statutory duty to participate in the Development Consent Order (DCO) Process. KCC fully support Lower Thames Crossing. Whilst National Highways are the scheme promoter and will deliver the project, KCC is required to enter into multiple contracts with the promoter to enable the works to progress.

In addition, KCC has requested a number of additional requirements of National Highways. In order to secure these requested funds, KCC need to enter into a Side Agreement with National Highways.

Background

KCC has fully contributed to the examination process to date. In the context of supporting the scheme, KCC has worked with National Highways to reduce concerns regarding the scheme proposals, and where mitigation is required, requesting additions to the Section 106 (s106) Agreement. Where a request is, in the opinion of National Highways, does not meet the threshold to be required under planning for a s106, agreements to provide additional funding, resource or other measures must be secured by a Side Agreement.

The most recent draft Side Agreement was only provided to KCC in November 2023. KCC was disappointed that this did not contain several of the requests previously made to National Highways. The outcome of this is that there are still multiple clauses that could be added between now and the end of the examination period. The key additional requirement to be added to the Side Agreement relates to compensation for Shorne Woods Country Park.

Whilst the DCO, Section 106 and Side Agreement (if approval is given) will provide authority for much of the foreseeable future contracts, consents, and agreements required for Lower Thames Crossing; given the scale of the project, it is deemed prudent to consider the possibility that future agreements between National Highways and KCC will be required.

The DCO, as currently drafted, requires KCC to make decisions and provided approvals and consents within 28 working days. Many of these consents fall within already delegated powers and established processes, however, where this is not the case, this is not long enough to make additional Decisions. As such, this report recommends delegated authority is provided to the Director of Growth Environment and Transport.

Options (other options considered but discarded)

There are no viable alternatives to a Side Agreement where the terms of the Side Agreement could be included as such the alternatives are to either 1) enter into a Side Agreement or 2) not enter into a side agreement.

As the final terms of the Side Agreement have not yet been provided by National Highways, authority to enter into the decision is recommended. This will allow for KCC to enter into the Agreement within the required timescales, following full financial and legal review of the final draft.  Should the terms presented not be acceptable to KCC, the Corporate Director of Growth Environment and Transport will choose not to enter into the agreement.

By not entering into an agreement, KCC requests, as put forward within the examination process will not be secured. This means that some KCC concerns will not be addressed by National Highways and as a result the scheme will not realise the full benefits to Kent residents.

How the proposed decision supports Framing Kent’s Future 2022-2026: (https://www.kent.gov.uk/about-the-council/strategies-and-policies/corporate-policies/our-council-strategy)

The Lower Thames Crossing fully supports the priorities of Framing Kent’s Future, namely Levelling up Kent and providing infrastructure for communities. KCC’s support for the project is stated in its statutory Local Transport Plan 4 (LTP4), where the new Crossing is also part of the long-term transport policy aim of bifurcation. This splitting of traffic to/from the Channel portals along the M20/A20 and M2/A2 corridors will help to release capacity and therefore relieve pressure on the M20, especially in times of disruption to cross-Channel services.

How the proposed decision supports: Securing Kent’s Future: democracy.kent.gov.uk/documents/s121235/Securing Kents Future - Budget Recovery Strategy.pdf

This decision will be taken with Securing Kent’s Future in mind. This scheme is promoted by National Highways. Should the Secretary of State consent to the scheme, the funding for the scheme will be provided by National Highways. KCC is not providing any capital funding to deliver the scheme. National Highways are providing additional funding to cover the additional resource burden associated with this project through the S106 Agreement, for which a decision is not required. Any additional clauses to be added will be subject to financial scrutiny and only be net positive financial contributions to KCC.

As Cabinet Member for Highways and Transport, I agree to

(i)        Approve KCC entering into the required agreements with National Highways to facilitate delivery of the Lower Thames Crossing.

(ii)       Delegate to the Corporate Director of Growth, Environment and Transport, in consultation with the Cabinet Member for Highways and Transport, to negotiate, finalise and enter into relevant contracts to implement the provisions as set out Side Agreement.

(iii)      Delegate authority to the Director of Infrastructure to, in consultation with the Corporate Director for Growth, Environment  & Transport, to finalise and enter into the necessary transfers, land exchanges, contracts or other legal agreements to implement this decision.

(iv)      Delegate authority to the Corporate Director of Growth, Environment and Transport under the Officer Scheme of Delegations to take other actions, including but not limited to entering into contracts or other legal agreements, as required to implement the decision