North Somerset Council. Highways Act and. Acquisition of Land Act 1981

Transcription

1 North Somerset Council Highways Act 1980 and Acquisition of Land Act 1981 North Somerset Council (South Bristol Link) Compulsory Purchase Order (No. 2) 2014 Statement of Case June 2014

2 CONTENTS 1 INTRODUCTION NEED FOR THE SCHEME THE SCHEME ASSESSMENT OF SCHEME THE ORDERS IMPLEMENTATION OF THE SCHEME THE PLANNING POSITION THE CASE FOR ACQUISITION OF INDIVIDUAL INTERESTS AND RIGHTS HUMAN RIGHTS CONSIDERATIONS AND ANY OTHER CONSIDERATIONS SPECIAL CONSIDERATIONS STATUTORY UNDERTAKERS THE VIEWS OF GOVERNMENT DEPARTMENTS RELATED APPLICATIONS/APPEALS/ORDERS COMPENSATION ISSUES RESPONSE TO OBJECTION... 8

3 1 INTRODUCTION 1.1 Purpose of this Statement 1.2 This document is the Statement of Case for North Somerset District Council (known as North Somerset Council) ("the Council") and is provided pursuant to the Compulsory Purchase (Inquiries Procedure) Rules 2007 (CD 6/3) and the Highways (Inquiries Procedure) Rules 1994 (CD 6/4). 1.3 The Statement sets out the case which the Council will address at the Public Inquiry in support of the North Somerset Council (South Bristol Link) Compulsory Purchase Order (No. 2) 2014 ("the Order") (CD 1/8). 1.4 The Council reserves the right to supplement the issues to be addressed and produce further documents and evidence in response to evidence provided by other parties to the Inquiry. 1.5 In accordance with the aforementioned rules a copy of this statement has been served on the Secretary of State and on each statutory objector to the Order (as known at the time of writing). In addition, copies of this statement, the documents listed in Appendix 1 and the Council's proofs of evidence which the Council will refer to or put in evidence have been deposited at the following places, where they can be inspected during normal office hours from 27 June 2014 until the end of the Public Inquiry:- the Council's offices at Town Hall, Walliscote Grove Road, Weston-Super-Mare, BS23 1UJ. Copies may also be viewed at the Council offices at Castlewood, Tickenham Road, Clevedon, BS21 6FW; Bristol City Council s offices at City Hall, College Green, Bristol, BS1 5TR, Long Ashton Library, Lovelinch Gardens, Long Ashton, BS41 9AH, Bishopsworth Library, Bishopsworth Road, Bristol, BS13 7LN and the Gatehouse Centre, Hareclive Road, Bristol, BS13 9JN. 1.6 The documents may also by inspected electronically by visiting Procedure 1.8 The background to the South Bristol Link ("the Scheme") and details of the procedure which has been followed by the Council is set out in the Statement of Case submitted to the Secretary of State on 26 March 2014 (the "Original Statement of Case") (CD 1/7). 1.9 On 15 April 2014 the Council's Executive approved the making of the Order (CD 2/33). The Order was considered necessary to address the need to permanently acquire parts of two plots which were identified in the North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 (the "Original Order") as exchange land and to 3

4 address the need to acquire rights over additional land to deliver a drainage solution for an adjoining landfill site operation affected by the Original Order The objection period for the Order closed on 28 May On 5 June the National Planning Casework Unit indicated that a single objection to the Order had been received. It is anticipated that this objection will be withdrawn but in the event it remains outstanding it will be heard at the inquiry scheduled to begin on 8 July Confirmation of Order 1.12 The Council recognises that a compulsory purchase order can only be made if there is a compelling case in the public interest (paragraph 17 of Circular 06/2004) (CD 6/5) which justifies overriding private rights on the Order land. It is considered that a compelling case exists here The Order has been made and submitted to the Secretary of State for Transport ("the Secretary of State") for confirmation pursuant to the provisions of the Highways Act 1980 (CD 6/1) and the Acquisition of Land Act 1981 (CD 6/2) On confirmation of the Order the Council intends to either serve Notice(s) to Treat or execute General Vesting Declaration(s) in order to secure unencumbered title to the Order land. 2 NEED FOR THE SCHEME 2.1 The need for the Scheme, including details of the existing situation and the objectives of the Scheme, is set out in the Original Statement of Case (CD 1/7). 3 THE SCHEME 3.1 Summary Description of Scheme and Order Land 3.2 A summary description of the Scheme is contained in the Original Statement of Case (CD 1/7). 3.3 The extent of the land comprised within the Order is shown edged in red on the Order Map accompanying the Order ( the Order Land ) (CD 1/8). The Order Land comprises land within the rural hinterland south west of Bristol, within North Somerset. 3.4 Development of the Scheme 3.5 A description of the development of the Scheme is contained in the Original Statement of Case (CD 1/7). 4

5 3.6 Detailed description of the Scheme Route 3.7 A detailed description of the Scheme Route, including information about bridges and structures, is contained in the Original Statement of Case (CD 1/7). 3.8 Landscaping and ecological measures 3.9 The landscaping and ecological measures which will be provided by the Scheme are set out in the Original Statement of Case (CD 1/7). 4 ASSESSMENT OF SCHEME 4.1 Meeting the Objectives of the Scheme 4.2 The objectives of the Scheme are set out at paragraph 2.11 of the Original Statement of Case (CD 1/7). The Scheme is considered to meet these objectives. 5 THE ORDER 5.1 The Order is being promoted by the Council in conjunction with Bristol City Council in accordance with the terms of an agreement under Section 8 of the Highways Act The Order has been made by the Council pursuant to powers under sections 239, 240, 246, 248, 249, 250, and 260 of the Highways Act 1980 (as amended) and the Acquisition of Land Act A summary of the powers in the Highways Act 1980 which are relied upon in relation to the Scheme is provided in the Original Statement of Case (CD 1/7). 5.4 The Council is using its powers of compulsory purchase contained in sections 239, 240, 246, 248, 250 and 260 of the Highways Act 1980 (as amended) and the Acquisition of Land Act 1981 because it is satisfied that the acquisition of the Order Land will facilitate the construction of the Scheme. Mindful that it should not use a more general compulsory purchase power when a more specific one is available, the Council considers that the powers in the Highways Act 1980 are the most appropriate. 5.5 The purpose in seeking to acquire the land and utilising the powers in the Highways Act 1980 is set out in detail below and in the Original Statement of Case (CD 1/7). 5.6 The Order Land 5.7 The Order Land has an area of 1.89 hectares. The Order Map (CD 1/8) shows the extent of the Order Land, which comprises 6 plots. The Order Map comprises 1 sheet. 5.8 The land coloured pink on the Order Map will be acquired permanently for the Scheme. The Council is to create new rights over the land coloured blue. The rights to be created are necessary for the construction, operation and maintenance of the Scheme, 5

6 specifically for the construction of drainage ponds and associated infrastructure, including ditches, channels and culverts. 5.9 Confirmation of this Order will enable the Council to acquire compulsorily land required for the Scheme in order to construct new highways and improve highways. It will also enable the Council to acquire compulsorily land required for the mitigation of adverse effects and rights for construction and maintenance of the Scheme Justification for Compulsory Purchase 5.11 The Scheme is required in order to meet the objectives set out in the Original Statement of Case (CD 1/7) The Scheme has been granted detailed planning permission by both North Somerset Council (CD 2/1) and Bristol City Council (CD 2/2). The Scheme complies with national and local strategies and policies at a number of levels: (a) (b) National transport and sustainable development objectives; and Local strategies as expressed in the Bristol Core Strategy (CD 2/7) and North Somerset Core Strategy (CD 2/8) These are considered in section 7 of the Original Statement of Case (CD 1/7) It is therefore considered that compulsory purchase is necessary and justifiable in the public interest. 6 IMPLEMENTATION OF THE SCHEME 6.1 Details regarding the implementation of the Scheme, including Scheme costs, funding and the delivery programme are set out in the Original Statement of Case (CD 1/7). 7 THE PLANNING POSITION 7.1 Planning policy context 7.2 Information regarding the planning position, including the planning policy context in terms of both regional and national policy, is contained in the Original Statement of Case (CD 1/7). 8 THE CASE FOR ACQUISITION OF INDIVIDUAL INTERESTS AND RIGHTS 8.1 As explained in this Statement of Case the Council has given careful consideration as to why it is necessary to acquire and create rights over the Order Land. 8.2 The Council has entered into discussions with landowners and others with a relevant or compensatable interest with a view to acquiring the necessary land or rights by way of 6

7 agreement. Although the Council is promoting the Order, it remains committed to this approach. However, to ensure the Scheme can be delivered, it is necessary for the Council to have access to CPO powers. 8.3 Furthermore, without acquiring all the interests set out in the Order, the Council cannot guarantee being able to comply with the conditions imposed on the planning permissions, which will include various environmental mitigation conditions. 8.4 The Council has undertaken detailed investigations to identify, so far as possible, those with a relevant or compensatable interest. This has included various searches by the Council s legal advisors and land referencing agents. The Council is satisfied that it has taken all reasonable steps to identify relevant or compensatable interests. However, it remains the case that there may be unidentified 3 rd party interests in the Order Land. CPO powers are also required to ensure these do not prevent delivery of the Scheme. 9 HUMAN RIGHTS CONSIDERATIONS AND ANY OTHER CONSIDERATIONS 9.1 Details of the Human Rights Act 1998 and the human rights considerations relevant to the Scheme are contained in the Original Statement of Case (CD 1/7). 9.2 The Council considers that there is a compelling case in the public interest for confirmation of the Order and that the Order, if confirmed, would strike an appropriate balance between public and private interests. The rights of owners of interests in the Order Land under the Human Rights Act 1998 have been taken into account by the Council when considering whether to make the Order and in considering the extent of the interests to be included in the Order. 10 SPECIAL CONSIDERATIONS 10.1 There are no ancient monuments or listed buildings in the Order Land There are no buildings in a conservation area that would be demolished The Scheme does not require any land owned by the National Trust The Order Land does not include any special category land. 11 STATUTORY UNDERTAKERS 11.1 Where statutory undertakers apparatus is affected by the Scheme arrangements will be made to protect or divert the apparatus under the provisions of the New Roads and Street Works Act Detail on statutory undertakers apparatus has been obtained via utility searches and statutory requisitions of information. Detailed discussions have been held with all relevant statutory undertakers to allow the submission of C4s (detailed costed diversion works). 7

8 12 THE VIEWS OF GOVERNMENT DEPARTMENTS 12.1 The views of Government departments are set out in the Original Statement of Case (CD 1/7). 13 RELATED APPLICATIONS/APPEALS/ORDERS 13.1 Information regarding the related applications, appeals and orders, including details of the planning applications, the Original CPO and SRO, is contained in the Original Statement of Case (CD 1/7). 14 COMPENSATION ISSUES 14.1 The Council will endeavour to discuss compensation issues and to purchase properties and necessary rights over/in land by agreement, if possible, rather than compulsorily. 15 RESPONSE TO OBJECTION 15.1 A response to the sole objection received to the Order is set out below. Negotiations and discussions have been undertaken and will continue with the objector to resolve their points of objection where possible By letter of 3 June 2014 addressed to the Department for Transport and the National Planning Casework Unit, Western Power Distribution (South West) Plc ("WPD") objected to the making of the Order. Its objection is made on the ground that the proposed works will interfere with its operational distribution assets and in turn will restrict its ability to supply electricity to properties within the vicinity of the land included in the Order As stated in paragraph 11 above, where statutory undertakers apparatus is affected by the Scheme arrangements will be made to protect or divert the apparatus under the provisions of the New Roads and Street Works Act The Council is currently engaged in discussions with WPD in this regard and is confident that WPD's concerns will be resolved in advance of 8 July 2014, enabling WPD to withdraw its objection to the Order before the inquiry commences. The objection itself notes that WPD is willing to continue in dialogue with the Council in an effort to reach an agreement to protect its apparatus. The objection confirms that WPD has instructed solicitors to prepare an agreement to protect/replace its equipment and that it is currently in dialogue with the Council's solicitors to identify the works necessary to protect its equipment. North Somerset Council 25 June

9 APPENDIX 1 - DOCUMENTS CD 1 CD 1/1 CD 1/2 CD 1/3 CD 1/4 CD 1/5 CD 1/6 CD 1/7 CD 1/8 CD 1/9 ORDERS AND SECTION 19 APPLICATIONS The North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 The North Somerset Council (South Bristol Link Classified Road) Side Roads Order 2013 Section 19 application and letter and notice from Secretary of State in respect of Highridge Common Section 19 application and letter and notice from Secretary of State in respect of open space near Long Ashton Park and Ride Section 19 application and letter and notice from Secretary of State in respect of open space near Hareclive Road, Bishopsworth Ashton Fields Open Space Exchange Land Plan Highways Act 1980 and Acquisition of Land Act The North Somerset Council (South Bristol Link) (Side Roads) Order 2013 and The North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 Statement of Case The North Somerset Council (South Bristol Link) Compulsory Purchase Order (No. 2) 2014 Highways Act 1980 and Acquisition of Land Act 1981 The North Somerset Council (South Bristol Link) Compulsory Purchase Order (No. 2) 2014 Statement of Case CD 2 PLANNING DOCUMENTS CD 2/1 North Somerset Council Decision Notice dated 18 November 2013 CD 2/2 Bristol City Council Decision Notice dated 2 December 2013 CD 2/3 Highridge Common Exchange Land Report CD 2/4 AVTM Decision 6 November 2013 and Inspector's Report CD 2/5 SBL Exchange Land Consultation Report CD 2/6 National Planning Policy Framework CD 2/7 BCC Core Strategy CD 2/8 NSC Core Strategy CD 2/9 Draft National Policy Statement for National Networks, December 2013 CD 2/10 BCC Local Plan 1997 CD 2/11 NSC Replacement Local Plan 2007 CD 2/12 BCC Site Allocations and Development Management Policies, March 2013 CD 2/13 BCC Policies Map, March 2013 CD 2/14 NSC Site and Policies Plan, February 2013 CD 2/15 National Infrastructure Plan 2011 CD 2/16 National Infrastructure Plan

10 CD 2/17 White Paper 2011: Creating Growth, Cutting Carbon CD 2/18 Transport: An Engine for Growth, August 2013 CD 2/19 Scheme Layout Sheet 1 of 5 CD 2/20 Scheme Layout Sheet 2 of 5 CD 2/21 Scheme Layout Sheet 3 of 5 CD 2/22 Scheme Layout Sheet 4 of 5 CD 2/23 Scheme Layout Sheet 5 of 5 CD 2/24 NSC Executive Minutes, 3 September 2013 CD 2/25 BCC Cabinet decision, 29 May 2013 CD 2/26 West of England Report to the Joint Transport Executive Committee, 20 September 2012 CD 2/27 West of England Report to the Joint Transport Executive Committee, 1 July 2011 CD 2/28 Joint Promotion Agreement, January 2013 CD 2/29 Report to Joint Transport Executive Committee, February 2010 CD 2/30 Report to Joint Transport Executive Committee, October 2009 CD 2/31 Planning Officer's report to North Somerset Council planning committee CD 2/32 Planning Officer's report to Bristol City Council planning committee CD 2/33 NSC Executive Minutes, 15 April 2014 CD 2/34 Bristol Joint Strategic Needs Assessment 2012 Strategic Summary CD 3 HIGHWAY, ENGINEERING AND TRANSPORTATION DOCUMENTS CD 3/1 Joint Local Transport Plan, 2006 CD 3/2 Joint Local Transport Plan 3, 2011 CD 3/3 Greater Bristol Strategic Transport Study, 2006 CD 3/4 Major Scheme Business Case, March 2010 CD 3/5 Best And Final Bid, September 2011 CD 3/6 DfT Guidance on Transport Assessments, March 2007 CD 3/7 SBL Demand Model Report, March 2010 CD 3/8 SBL Forecast Report, March 2010 CD 3/9 SBL Highway Assignment Model (HAM) Local Model Validation Report (LMVR), March 2010 CD 3/10 SBL Data Collection Report, August 2011 CD 3/11 Atkins: Unlocking Our Potential: The Economic Benefits of Transport Investment in the West of England, November 2012 CD 3/12 Atkins: South Bristol Link Economic Benefits Study, June 2013 CD 3/13 Mott MacDonald Initial Review Report, June 2007 CD 3/14 Mott MacDonald Option Appraisal Report, February 2009 CD 3/15 Data Collection Report (April 2013) CD 3/16 Highway Assignment Model Local Model Validation Report (April 2013) 10

11 CD 3/17 Public Transport Assignment Model Validation Report (April 2013) CD 3/18 Demand Model Report (April 2013) CD 3/19 Forecasting Report (April 2013) CD 4 CD 4/1 CD 4/2 CD 4/3 CD 4/4 CD 4/5 CD 4/6 CD 4/7 ENVIRONMENTAL STATEMENT Volume 1: Non-Technical Summary Volume 2: Main Text Volume 3A: Appendices Volume 3B: Appendices Volume 3C: Appendices Volume 4: Supporting Statements Volume 5: Application Drawings CD 5 TECHNICAL GUIDANCE (NON-TRANSPORTATION) Air Quality CD 5/1 Defra 'The air quality strategy for England, Scotland, Wales and Northern Ireland: Volume 1', July 2007 CD 5/2 BCC Air Quality Action Plan for Bristol: local transport plan chapter on air quality, March 2011 CD 5/3 BCC Air Quality and Land Use Planning Guide, March 2013 CD 5/4 BCC Local Air Quality Management Reports, Various CD 5/5 BCC Air Quality Data, Various CD 5/6 NSC Local Air Quality Management reports, Various CD 5/7 Defra 'Local air quality management: Technical guidance LAQM.TG(09)', February 2009 CD 5/8 Defra 'Trends in NOx and NO2 emissions and ambient measurements in the UK', March 2011 CD 5/9 Defra Local Air Quality Management tools (various) CD 5/10 Highways Agency 'Design Manual for Roads and Bridges' Volume 11 Section 3 Part 1 'Air Quality' HA 207/07, May 2007 CD 5/11 Environmental Protection UK 'Development Control: Planning for Local Air Quality (2010 Update)', April 2010 CD 5/12 Institute of Air Quality Management 'Significance in Air Quality, November 2009' Noise CD 5/13 Noise Policy Statement for England, March 2010 CD 5/14 Building Bulletin 93 Acoustic Design of Schools, February 2004 CD 5/15 DMRB HD213/11 Revision 1, November 2011 CD 5/16 World Health Organisation Guidelines for Community Noise, 1999 CD 5/17 Tag Unit A3 Environmental Impact Appraisal, DfT Transport Analysis Guidance (WebTAG), January 2014 (in respect of noise only) 11

12 CD 5/18 'Converting the UK traffic noise index LA10, 18h to EU noise indices for noise mapping', 2002 CD 5/19 World Health Organisation Night Noise Guidelines for Europe, 2009 Ecology CD 5/20 Biodiversity offsetting. Technical paper: proposed metric of the biodiversity offsetting pilot in England (DEFRA, July 2011) CD 5/21 A Habitats Translocation Policy for Britain (JNCC, 2003) CD 5/22 DMRB Volume 10 Environmental Design and Management: Section 4 The Good Roads Guide Nature Conservation CD 5/23 Guidelines for Ecological Assessment in the United Kingdom (IEEM, 2006) CD 6 LEGISLATION AND REGULATIONS CD 6/1 Highways Act 1980 (extracts) CD 6/2 Acquisition of Land Act 1981 CD 6/3 Compulsory Purchase (Inquiries Procedure) Rules 2007 CD 6/4 The Highways (Inquiries Procedure) Rules 1994 CD 6/5 ODPM Circular 06/2004 CD 6/6 The Environmental Noise Regulations 1975 CD 6/7 The Noise Insulation Regulations 1975 CD 6/8 The Human Rights Act 1998 CD 6/9 The European Convention on Human Rights CD 6/10 Section 122 Local Government Act 1972 CD 7 ECONOMICS CD 7/1 GVA Impacts of Major Transport Schemes (Atkins, 2012) CD 7/2 West of England Local Enterprise Partnership Strategic Economic Plan (SEP), 2014 CD 7/3 The Eddington Transport Study (Sir Rod Eddington, 2006) CD 7/4 Transport and the Economy (House of Commons Transport Committee, Third Report of Session ) (Volume 1) CD 7/5 Transport and the Economy (House of Commons Transport Committee, Third Report of Session ) (Volume 2: Additional Written Evidence) 12