Purpose

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
31st 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.
 

Decision

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