A12 Widening Scheme (Junctions 19 to 25): Update

Last summer, National Highways applied for a Development Consent Order for the A12 Chelmsford to A120 widening scheme.

The proposed scheme involves widening the existing A12 to three lanes throughout in each direction, in those stretches where there are currently two lanes only. This would mainly involve online widening of the carriageway, with offline highway created between junctions 22 and 23 (Rivenhall End Bypass) and between junctions 24 and 25 (Kelvedon to Marks Tey). This would be accompanied by junction improvements (junctions 19 and 25), construction of new junctions catering for traffic movements both north and southbound (junctions 21, 22 and 24), and removal of existing junctions (junctions 20a, 20b and 23).

The application was accepted in September 2022 and the Planning Inspectorate has been appointed as Examining Authority to assess the application and make recommendations to the Secretary of State as to the acceptability of the proposal.

Those affected by the proposal had the opportunity to register themselves last Autumn as ‘Interested Party’ with a right to participate in the examination.

Following the recent preliminary meeting, the examination timetable has now been set which imposes the deadlines by which further information from either the Applicant or Interested Parties must be supplied to the Examining Authority; failure to submit relevant information by the specified deadline will mean the Examining Authority is under no obligation to take that information into account.

The timetable, which can be viewed in full at https://infrastructure.planninginspectorate.gov.uk/, sets out all procedural details for the examination. Those who have registered as Interested Parties should be contacted directly by the Examining Authority in any event but it is noteworthy that:

• Requests by ‘Affected Persons’ (ie those identified as having an interest in land which is subject to compulsory acquisition) to be heard at a Compulsory Acquisition Hearing must be submitted by Monday 30 January 2023; Compulsory Acquisition hearings, if required, are scheduled to take place on 1/ 3 March 2023, during the w/c 24 April and 27/28 June 2023.
• Requests by Interested Parties to be heard at any further open floor hearing must be submitted to the Examining Authority by Monday 30 January 2023. Further open floor hearings may be held during w/c 24 April and 27/8 June 2023.
• ‘Interested Parties’ are requested to submit written representations (expanding upon their original Relevant Representations and supported by data/methodology/assumptions where appropriate) by Monday 13 February 2023. Where any written representation exceeds 1500 words a summary must be provided.
• Statutory Parties and Local Authorities need to confirm to the Examining Authority any wish to be treated as an Interested Party by Monday 30 January 2023.
• The Examining Authority has published a first set of written questions for the Applicant and other Statutory Parties to address by Monday 13 February 2023 in relation to a wide range of topics including climate change, compulsory acquisition, the gas pipeline diversion, health, land use, materials and waste, noise and vibration etc. The Applicant has been asked to provide an update on the position of ongoing negotiations for acquisition by agreement as part of its response.

October 2023 Update: A12 Chelmsford to A120 widening Scheme (junctions 19 to 25)

The application made is known as a development consent order (DCO) and is a way of obtaining planning permission, along with other relevant consents, for a development which categorised as a “nationally significant infrastructure project” i.e. a scheme which is important for the infrastructure of the country.

On the 12th October 2023 the Examining Authority issued a Recommendation Report to the Secretary of State. That Report followed various hearings over April, May, June and July 2023 and following the submission and review of over 1,200 documents. The Secretary of State now has three months to issue a decision on the scheme (i.e. whether to allow it or not) and that decision is due 12th January 2024.

If consent is granted, construction will begin in 2024 and the road is expected to be open to traffic in 2027/28.

Both the decision letter and the Recommendation Report should be published not later than the 12th January 2024 and we will provide a further update once the decision is known.

If you are affected by the A12 Chelmsford to A120 Widening Scheme and need advice or support in relation to your next step, please do not hesitate to contact specialist planning solicitors Michael Harman or Catherine Hibbert at Holmes and Hills solicitors, using the form below. If you wish to join a mailing list on the subject of the A12 Widening scheme, please also complete the form below.