Consultation outcome

Consultation to update the Strategic road network and the delivery of sustainable development (circular 02/2013)

Updated 23 December 2022

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England

Introduction

The government is proposing to make a number of changes to the Department for Transport (DfT)’s circular 02/2013: Strategic road network and the delivery of sustainable development (C02/2013) and we would like to hear your views on the amendments set out in this consultation.

Most of the changes relate to policy on National Highways’ (NH) engagement in plan-making and decision-taking, responding to the government’s commitments in the transport decarbonisation plan as well as planning case law.

We have also taken this opportunity to make a number of changes to the requirements for roadside facilities, including amendments on heavy goods vehicles (HGVs) driver services and new provisions for zero emissions vehicles to reflect the stated position made by written ministerial statement (WMS) about addressing the strategic national need for more lorry parking and the introduction of the rapid charging fund.

A few minor textual changes have also been made to ensure that language is consistent with other government policies as well as NH’s licence.

This is not a wholesale revision of the DfT circular C02/2013, nor does it reflect proposals for wider changes to the planning system set out in the Levelling Up and Regeneration Bill. A fuller review of the circular is likely to be required in due course to reflect those wider changes, subject to decisions on how they are to be taken forward.

NH also has a responsibility to contribute to the government’s wider economic, social, and environmental objectives, in particular the enabling of sustainable economic growth.

National Highways role in the planning system

NH is a statutory consultee on planning applications that may impact on the strategic road network and a named consultee to the local planning process. NH is also a statutory consultee to applications for development consent for nationally significant infrastructure projects. It identifies and promotes highway improvement schemes that help support economic growth. Further, as a government-owned company, NH has a licence remit to support national and local economic growth and regeneration.

The circular sets out planning policy in relation to the strategic road network and roadside facilities. It sets out how NH balance the delivery of its objectives of managing and maintaining a safe and efficient strategic road network with that of being a delivery partner to, and enabler, of economic growth.

Transport decarbonisation plan

The plan sets out the government’s commitments and the actions needed to decarbonise the entire transport system in the UK. It notes that decarbonisation will rely, in part, on future transport technology, coupled with the necessary behavioural and societal change.

The commitments link local infrastructure funding to solutions that cut emissions - aligning that investment to the net zero carbon programme, improving public transport, increasing support for active travel so mass transit and cycling and walking play a bigger role than ever, a net zero carbon rail network by 2050, net zero carbon domestic aviation emissions by 2040 and leading the transition to green shipping.

It includes:

• the pathway to net zero carbon transport in the UK
• the wider benefits net zero carbon transport can deliver
• the principles that underpin our approach to delivering net zero carbon transport

This consultation takes forward our commitment to making transport decarbonisation a strategic theme in the circular. We state clearly that all reasonable options to deliver modal shift, promote active travel and the use of public transport to assist in reducing car dependency should be the aim in NH’s engagement with plan-making and decision-taking and that motorway service areas should increase their provision of electric vehicle chargepoints.

Topic of this consultation

This consultation seeks views on draft revisions to the DfT’s circular 02/2013: The strategic road network and the delivery of sustainable development (C02/2013) (PDF, 481KB). The text has been revised to implement policy changes in response to the written statement to Parliament: ‘Planning reforms for lorry parking’.

A number of other changes to the text of C02/2013 are also set out and explained in this consultation document, but we are not proposing a review of the role of the C02/2013 at this stage. A fuller review of C02/2013 could be required in due course, depending on the implementation of the government’s proposals for wider reform of the planning system.

Scope of this consultation

DfT is consulting on the draft text of the revised C02/2013. In responding to this consultation, we would appreciate comments on any potential impacts under the Public sector equality duty.

Geographical scope

These proposals relate to England only.

How to respond

The consultation period began on 21 July 2022 and will run until 15 September 2022. Please ensure that your response reaches us before the closing date. You can contact [email protected] if you need alternative formats for example, braille or audio CD.

Please send consultation responses to:

Email: [email protected]

Post:

Department for Transport
Planning Policy Team
3rd Floor, Great Minster House
33 Horseferry Road
London, SW1P 4DR

Phone: 0300 330 3000

When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, please make it clear who the organisation represents and, where applicable, how the views of members were assembled.

If you have any suggestions of others who may wish to be involved in this process please contact us.

Freedom of information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.

The department will process your personal data in accordance with the Data Protection Act (DPA) and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

Data protection

The Department for Transport (DfT) is carrying out this consultation to gather views and evidence for inclusion or consideration within the update to circular 02/2013.

This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department.

If your answers contain any information that allows you to be identified, DfT will, under data protection law, be the controller for this information.

As part of this consultation, we are asking for your name and email address. This is in case we need to ask you follow-up questions about any of your responses. You do not have to give us this personal information. If you do provide it, we will use it only for the purpose of asking follow-up questions.

We may contract a third party to analyse the responses we receive to the consultation. If you provide your contact details, we may share this information with a contractor in case they need to contact you regarding your consultation response.

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the data protection officer.

Your information will be kept securely and destroyed within 12 months after the consultation has been completed.

Consultation proposal

Proposal summary

This revised circular:

• makes a number of changes to strengthen environmental policies in response to the transport decarbonisation plan and the drive towards drive towards zero emission transport
• implements policy changes to reflect a recent WMS about lorry parking and a new section on the spacing of freight facilities
• includes minor changes to clarify policy in order to address legal issues
• includes changes to remove or amend out of date material

Introduction

The revised text reflects changes to the planning system since the circular’s publication in 2013 and the government’s transport decarbonisation plan, among other minor changes.

This section updates the introductory paragraphs of C02/2013 by setting out the role of National Highways (NH) and the strategic road network (SRN) and how the circular should be applied, as informed by the wording in NH’s licence and road investment strategy 2. It also sets out that the SRN plays a vital role in growing the economy, levelling up the country and strengthening the union.

The planning status section in paragraphs 8 to 10 confirms that the circular should be read in conjunction with other national policies and guidance (as listed) when setting planning policies and making decisions on development proposals.

Paragraphs 11 to 14 relate to government policies and strategies that promote the uptake of sustainable modes of transport and explicitly states that development in the right places and served by the right sustainable infrastructure will be an expectation by NH.

Paragraph 15 specifically focuses on the transport decarbonisation plan and the move away from ‘predict and provide’ to ‘vision and validate’.

Paragraphs 16 to 17 underline the need for design quality to underpin planning decisions.

Q1. Do you agree or disagree with the changes proposed in the introduction section?

New connections and capacity enhancements

The revised text reflects changes to the planning system since the circular’s publication, the publication of National Highways’ licence and makes a small number of other minor changes.

The update retains the general position in paragraphs 18 to 26 (37 to 43 of C02/2013) in respect of when new connections and capacity enhancements will not be permitted (or the considerations that may allow this), with some amendments. Paragraph 18 applies the term “connections” to match the wording in NH’s licence and defines this as a junction or direct access, to align with the language used in C02/2013 and the Design Manual for Roads and Bridges (DMRB).

Paragraph 19 re-establishes the position that new connections on the SRN should be identified at the plan-making stage, although there is added recognition that this may come forward as part of public funding programmes to reflect recent examples of this (for example, housing infrastructure fund).

Paragraph 21 defines the term ‘high-speed road’ as used in the licence, to reflect the type and standard of road applied by C02/2013 (footnote 9 confirms that high-speed traffic routes are motorways, and all-purpose dual carriageways with partially or comprehensively limited access). Paragraph 21 also confirms the existing position that there will otherwise be no new connections on high-speed routes, with limited exceptions for signed roadside facilities, emergency vehicle access and the company’s construction and maintenance compounds.

The principle of capacity enhancement measures, stated in paragraph 24, combines the stated positions in paragraphs 19 and 42 of C02/2013, with added consideration given to community connectivity and alternative options.

Paragraph 26 introduces the role of the DMRB in the design process.

Q2. Do you agree or disagree with the changes proposed in the new connections and capacity enhancements section?

Engagement with plan-making

The revised text reflects changes to the planning system since the circular’s publication, the national planning policy framework (NPPF) and planning practice guidance (PPG) and makes a small number of other minor changes

Paragraph 28 has been added to further specify NH’s role in the plan-making process, while paragraph 31 establishes the requirement for plans to meet the needs of storage and distribution operations as per the stated position in the WMS: Planning reforms for lorry parking.

Paragraphs 27 to 31 set out the general principles with reference to the NPPF.

Paragraphs 32 to 34 focus on evidence base. This section describes how net zero principles, alongside appropriate evidence concerning existing transport provision and accessibility, should be given due consideration when developing a local plan or spatial development strategy. This position accords with the transport evidence bases in plan-making and decision-taking chapter of the PPG. It further outlines that the location of growth and whether new developments would be genuinely sustainable are important factors in demonstrating compliance with the Climate Change Act.

Paragraphs 35 to 37 set out the importance of collaboration when preparing infrastructure delivery evidence and the need to improve connectivity between the SRN and different transport networks.

Paragraphs 38 to 39 deal with the ongoing requirement for NH to engage in other forms of plan-making to support local growth aspirations.

Q3. Do you agree or disagree with the changes proposed in the engagement with plan-making section?

Engagement with planning decision-taking

The revised text reflects changes to the planning system since the circular’s publication, the statutory requirements, updates general principles to prioritise sustainable transport opportunities and makes a small number of other minor changes.

Paragraphs 40 to 42 set out the legislative position (statutory requirement) to consult NH on planning applications and the requirement for local planning authorities to have regard to its recommendations.

Paragraphs 43 to 48, the ‘general principle’ section, establish the need to promote sustainable transport opportunities ahead of capacity enhancements and new connections on the SRN. Paragraph 46 retains the policy position in paragraph 9 of C02/2013 that development is likely to be acceptable if it can be accommodated within the relevant section of the SRN. This section also reinforces the policy position in the NPPF that development proposals for new or expanded goods distribution centres should make sufficient provision for HGV parking, specifically in paragraph 48.

Paragraphs 49 to 55 focus on the assessment of development proposals. This section addresses some inconsistencies within paragraphs 21 to 36 of C02/2013 when defining which other developments should be considered within the forecasted growth scenarios of transport assessments (TAs).

Paragraph 50 also establishes that a TA should start with a vision of what the development is seeking to achieve and then test a set of scenarios to determine the optimum design and transport infrastructure to realise this vision. This links in with new paragraph 15 in respect of promoting vision and validate principles.

Paragraph 52 sets out that the assessment period shall be taken up to the estimated date of practical completion, defined as the predicted point at which the development (or an identified phase thereof) would be capable of being fully occupied or used in accordance with the planning permission. Further, paragraph 51 establishes that such assessments must have regard to additional trips from committed developments that would impact the same sections of the SRN as the proposed development. Footnote 17 confirms that this should include all extant permissions and allocated developments that are expected to be partially or fully occupied during the assessment period, as agreed with the relevant local planning authority.

Paragraph 55 advises that, where a different form of intervention would better address wider development impacts than the one already identified through the plan-making process, NH may work with the local planning authority and development promoter(s) to explore a cost sharing mechanism or the phased delivery of a more comprehensive scheme. The intention of this policy is to eliminate the presumption that an intervention as identified in a local plan must be pursued regardless of whether a solution that better addresses wider impacts can be found.

Paragraphs 55 to 57 update the environmental assessments section and signposts to the requirements in the DMRB when preparing these.

Paragraphs 58 to 60 focus on ‘physical infrastructure’ and update the policy position in C02/2013. Further, the policy on fences, screening, and other structures (previously in annex A C02/2013) is now included under physical infrastructure.

Q4. Do you agree or disagree with the changes proposed in the engagement with decision-taking section?

Special types of development

The revised text reflects changes to the planning system since the circular’s publication, and provides a general update to the policies on advertisements, gateway structures and public art, electronic communications apparatus, on-shore wind turbines.

Paragraphs 61 to 62 update the policy on advertisements to include considerations for digital adverts.

Paragraph 63 updates the policy on gateway structures and public art to enable some exceptions.

Paragraphs 64 to 65 update the policy on electronic communications apparatus to reflect that some installations do not require NH consent.

Paragraphs 66 to 70 update the policy concerning on-shore wind turbines with a more succinct position in respect of their potential impacts on the SRN.

Paragraph 71, ‘Developments with solar reflection’, is an addition to C02/2013, which identifies that an appropriate risk assessment of the intensity of solar reflection likely to be produced by certain developments must be provided with accompanying applications.

Q5. Do you agree or disagree with the changes proposed in the special types of development section?

Roadside facilities

The revised text has moved from annex B of the circular 02/2013 to the main text and reflects changes concerning HGV facilities, minimum requirements for roadside facilities, provision for zero emission and hybrid vehicles and makes a small number of other minor changes.

This policy has moved from annex B of C02/2013 to the main text of the circular.

Paragraphs 72 to 74 set out the general principles.

Paragraphs 75 to 79 set out the spacing of general purpose facilities.

Paragraphs 80 to 83 deal with spacing of freight facilities. This is a new policy on increasing the provision of facilities for HGV drivers in recognition of existing shortages. This includes reduced maximum spacing between services that provide for lorry parking in areas of identified need (see paragraph 82).

Paragraph 90 introduces a new policy that the minimum requirements for roadside facilities to be eligible for signing from the SRN may be temporarily waived for the purpose of managing traffic.

Paragraphs 110 to 113 set out provisions for zero emission and hybrid vehicles. This is a new section with a requirement for operators to show how parking allocated for petrol or diesel vehicles can be converted to EV spaces in the future (see paragraph 111).

Q6. Do you agree or disagree with the changes proposed in the roadside facilities section?

Annex A: roadside facilities table

Annex A sets out the roadside facilities tables without the policy text. The policy text is set out in the roadside facilities section.

The proposed changes to the facilities roadside services need to provide to be signed from the SRN as set out in annex A are detailed below.

Table 1 requires:

• all roadside facilities to provide at least one changing places toilet and one for people with disabilities
• motorway service areas and all truck stops to provide separate shower and washing facilities for male and female HGV drivers
• motorway service areas and all truckstops to provide security monitoring equipment including appropriate lighting and CCTV systems
• motorway service areas, all-purpose trunk road service areas and motorway truck stops to provide electric vehicle chargepoints
• motorway service areas and motorway truck stops to provide cooked hot food available for purchase during opening hours for consumption on the premises
• all roadside facilities to provide wifi and make power points available for device charging

Table 2 requires the doubling of HGV parking spaces (based on the daily flow of passing vehicles) at motorway service areas where there is an identified need.

Q7. Do you agree or disagree with the changes proposed for annex A?

Q8. When should the new requirements in annex A apply from?

The circular and longer heavier vehicles

The department conducted a feasibility study in 2021 to assess the feasibility to permit trials of longer and heavier vehicles (up to 25.25 metres in length and up to 60 tonnes in mass) on British roads. The department is currently evaluating the outputs of that study with one possibility being that this leads to a limited trial of such vehicles.

Q9A. Are the facilities and parking currently required by the circular sufficient or not sufficient to enable utilisation of longer and heavier vehicles?

Q9B. Please explain your answer.

Q10. What additional facilities and/or parking could be required to enable utilisation of longer and heavier vehicles? Please explain your answer.

The circular format

Q11. In what format would you like to see the circular published moving forward?

Equalities

Q12. Do you agree or disagree the proposed objectives meet our obligations under the Equalities Act 2010?

What will happen next

A summary of responses, including the next steps, will be published within three months of the consultation closing.

If you have questions about this consultation, please contact:

Department for Transport
Planning Policy Team
3rd Floor, Great Minster House
33 Horseferry Road London, SW1P 4DR

Email: [email protected]

Phone: 0300 330 3000

Further background information can be found at Strategic road network and the delivery of sustainable development

Annex A: Impact assessment

A.1 The proposals contained in the draft policy have been assessed as low impact and will require a full final stage impact assessment to be cleared prior to publication of an adopted policy.

A.2 The financial implications of each element of the proposed policy, along with changes from the previous, have been subject of initial light touch assessment using an early stage impact assessment to consider options and analyse the possible impacts.

A.3 This has been used to develop the consultation document and questions that will be seeking further information to inform the final stage impact assessment which must receive full formal clearance prior to the publication of revised policy.

A.4 When responding to the consultation, please comment giving supporting evidence wherever possible.

A.5 Please also suggest any alternative methods for reaching the objectives and highlight any possible unintended consequences of the policy, and practical enforcement or implementation issues.

Annex B: Full list of consultation questions

Question 1: Do you agree or disagree with the changes proposed in the introduction section?

Question 2: Do you agree or disagree with the changes proposed in the new connections and capacity enhancements section?

Question 3: Do you agree or disagree with the changes proposed in the engagement with plan-making section?

Question 4: Do you agree or disagree with the changes proposed in the engagement with decision-taking section?

Question 5: Do you agree or disagree with the changes proposed in the special types of development section?

Question 6: Do you agree or disagree with the changes proposed in the roadside facilities section?

Question 7: Do you agree or disagree with the changes proposed for annex A?

Question 8: When should the new requirements in annex A apply from?

Question 9A: Are the facilities and parking current required by the circular sufficient or not sufficient to enable utilisation of longer and heavier vehicles?

Question 9B: Please explain your answer.

Question 10: What additional facilities and/or parking could be required to enable utilisation of longer and heavier vehicles? Please explain your answer.

Question 11: In what format would you like to see the circular published moving forward?

Question 12: Do you agree or disagree the proposed objectives meet our obligations under the Equalities Act 2010?

Annex C: Consultation principles

The consultation is being conducted in line with the government’s key consultation principles which are listed below. Further information is available at https://www.gov.uk/government/publications/consultation-principles-guidance

If you have any comments about the consultation process, please contact the Consultation co-ordinator.

Consultation co-ordinator

Department for Transport

Zone 1/29
Great Minster House

London
SW1P 4DR

Email: [email protected]