North Somerset Council. Highways Act and. Acquisition of Land Act North Somerset Council (South Bristol Link) (Side Roads) Order 2013

Transcription

1 North Somerset Council Highways Act 1980 and Acquisition of Land Act 1981 North Somerset Council (South Bristol Link) (Side Roads) Order 2013 North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 Statement of Case March 2014

2 CONTENTS 1 INTRODUCTION NEED FOR THE SCHEME THE SCHEME ASSESSMENT OF SCHEME THE ORDERS SIDE ROAD ORDERS (SRO) 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 OBJECTIONS... 42

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 (Document 6/3) and the Highways (Inquiries Procedure) Rules 1994 (Document 6/4). 1.3 The Statement sets out the case which the Council will address at the Public Inquiry in support of (i) the North Somerset Council (South Bristol Link Classified Road) Side Roads Order 2013 ( the SRO ) (Document 1/2), (ii) the North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 ("the Order") (Document 1/1) and (iii) the grant of certificates under section 19 of the Acquisition of Land Act 1981 in respect of special category land (see Documents 1/3 1/5). 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 the statement has been served on the Secretary of State and on each statutory objector (as known at the time of writing). In addition copies of this statement and the documents listed in appendix 1 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 7 April 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 Procedure 1.7 The South Bristol Link ("the Scheme") lies within the administrative areas of both the Council and Bristol City Council (BCC). The Scheme is being promoted by the Council in partnership with BCC. 1.8 On 17 January 2012 the Council approved progression of the Scheme to Full Approval, including finalisation of legal processes and statutory procedures. On 3 February 2013 the Council's Executive Committee approved the making of the orders and applications for section 19 certificates necessary for the Scheme. On 3 September 2013 the 3

4 Council's Executive further approved the making of a CPO for the Scheme (Document 2/24). 1.9 Bristol City Council ("BCC") has authorised the Council in accordance with section 8 of the Highways Act to make the Order, the SRO and the Section 19 Certificate applications on its behalf for those sections of the Scheme within its administrative area (Document 2/25) On 8 January 2013 the Council and BCC entered into a joint promotion agreement ("JPA") (Document 2/28). The JPA includes agreement under section 8 of the Highways Act authorising the Council to exercise BCC's functions related to the construction, reconstruction, alteration, maintenance (including future maintenance) or improvement works required for delivering the Scheme. The Council was authorised to exercise powers of compulsory purchase and was also authorised to acquire land or rights over land owned by BCC or within BCC's administrative area where it was reasonably necessary for the construction, operation, maintenance or accommodation of the Scheme On 29 May 2013 the Mayor of Bristol confirmed BCC's approval of the Scheme design as it had reached at that stage. This followed the Council's resolution of 5 February 2013 approving the further development of the Scheme On 25 November 2013 the Head of Legal and Democratic Services of the Council sealed the SRO and the Order on behalf of the Council. The statutory procedures required by the Acquisition of Land Act 1981 (Document 6/2) were complied with. The SRO and Order were properly advertised and the appropriate notices were served on the required persons The objection period for the Order closed on 14 January The original objection period for the SRO closed on the same date but was extended until 21 March On 27 January 2014 the Planning Inspectorate (on behalf of the Secretary of State for the Department of the Environment, Farming and Rural Affairs) confirmed that the Secretary of State was minded to issue a certificate under section 19 of the Acquisition of Land Act 1981 in respect of the land comprised within Highridge Common needed for the Scheme and the proposed Exchange Land (Document 1/3). Notice of the Secretary of State's intention was publicised in accordance with his requirements and the objection period closed on 21 March At the time of submission of this Statement the Secretary of State has yet to confirm his intentions in respect of the applications for section 19 certificates for the acquisition of open space required for the Scheme. Should the Secretary of State be minded to grant 4

5 certificates as requested then these will be publicised and a period of objection provided for After the closure of the objection period for the Order and SRO the Department for Transport advised the Council in a letter dated 12 February 2014 that a public local Inquiry should be held DfT has described the following persons as statutory objectors for the purposes of the Inquiry:-. (a) (b) (c) (d) (e) (f) (g) (h) (i) Western Power Distribution; Paul Agostino Giannetto; Danila Maria Grazia Giannetto and Judy Maria Teresa Giannetto; Ashton Park Limited; Mrs Janet Turp, Long Ashton Parish Council; Jo Steventon Smith and Mark Steventon-Smith; Mr Tony Smith, P&S Plant International Training Services; Mr Lee Bryan, Rushbrooke UK Limited; Mr JP Jones, Whiteknight cleaning company; Park and Ride Limited; (j) Sackville UKPEC2 Galahad Nominee 1; (k) Sackville UKPEC2 Galahad Nominee 2; (l) (m) (n) (o) (p) (q) (r) (s) (t) Phyllis James; Raymond James; Bristol Water Plc; Viridor Waste Exeter Limited; Raymond and John Burnell; Ms LL O'Connor; Pubfolio Limited; Mr RTH Tout; Mr GP Masters, Trustee of Masters Pipeline Services SSAS; 5

6 (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (jj) (kk) (ll) (mm) (nn) (oo) Berkeley stainless fittings Limited; Gary John Case; Sandra Jane Case; JP Boyce; LJ Boyce; Mrs D Boyce; GR Withers; JM Withers; BM Withers; S Withers; C Withers; EK Withers; EE Hill; Mr and Mrs Knowlson; JA Wring; SS Wring; GJ Jenkins; RD Wring; M Wring; M Williams; SE Banbury In addition to the above statutory objectors there were three non-statutory objectors Following its letter of 12 February 2014 DfT has since confirmed that the following objections have been withdrawn: (a) (b) Berkeley Stainless Fittings Limited; Thornton Packaging Limited; 6

7 (c) (d) (e) Mr RTH Tout; Pubfolio Limited; Mrs LL O'Connor The Classified Road 1.21 The Council and Bristol City Council have classified the proposed South Bristol Link as the A Confirmation of Orders 1.23 Confirming the SRO will enable the Council to improve highways, stop up highways, construct new highways, stop up private means of access to premises and to provide new private means of access to premises To enable the Council to acquire the land and rights necessary for the construction and maintenance of the Scheme the Order seeks to acquire all interests in the Order Land including rights, easements, the benefit of covenants, etc. except where otherwise expressly stated in the Schedule to the Order 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) (Document 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 (Document 6/1) and the Acquisition of Land Act 1981 (Document 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 Introduction 2.2 The Scheme is part of a combined strategic rapid transit and highway link, known as Metrobus ("Metrobus"). Metrobus will provide a network of sustainable transport corridors connecting key areas of employment, retail, leisure, regeneration and housing that offer fast, reliable and comfortable journeys and an attractive alternative to the private car. 7

8 2.3 The Metrobus network will be delivered by three schemes: Ashton Vale to Temple Meads (AVTM), South Bristol Link (the Scheme) and the North Fringe to Hengrove Package (NFHP). The AVTM scheme was granted approval under the Transport and Works Act by the Secretary of State for Transport on 6 November 2013 (Document 2/4). 2.4 The Scheme will enable linkage with the AVTM route at the Long Ashton Park and Ride site, with direct access to Bristol city centre. Within the south Bristol section, once buses have reached the Hartcliffe roundabout, services will follow existing roads via Hengrove Way to Imperial Park and onwards to Whitchurch Lane and Hengrove Park. Services will then be able to connect with the NFHP section of the rapid transit network to route through central Bristol to the M32, Cribbs Causeway and Emerson s Green in the north. 2.5 Existing Situation 2.6 The latest version of the Multiple Deprivation Index shows that much of south Bristol is amongst the ten per cent most deprived areas in the country and two areas are in the most deprived one per cent. 2.7 The Atkins Report, "Unlocking our Potential: The Economic Benefits of Transport Investment in the West of England (2012) (Document 3/11) and the South Bristol Link: Economic Benefits Study" (2013) (Document 3/12 section 4.5) both identified poor transport links to south Bristol as a key constraint on economic growth in the area. This was evidenced by reluctance from businesses to invest in the area, a higher than average dependency on public sector jobs and high levels of out-commuting. 2.8 The A370, A38, A3029 and A4174 represent important strategic connections to and from south Bristol. These roads accommodate large volumes of commuter and business traffic. During peak periods the existing highway network is congested and users can experience significant delays. It also leads to unpredictable travel times which act as a deterrent to the use of public transport. 2.9 The lack of a strategic connection between the A370 and south Bristol, combined with the levels of congestion experienced on the roads listed above, results in high volumes of traffic, including commuter and business traffic, using minor or local roads. These roads are not designed for these volumes of traffic and this has an adverse impact on local residents as well as road users. The lack of strategic network capacity also means there is a lack of resilience in the overall network and that road works or road closures have a disproportionate impact The lack of capacity in the existing road network limits the opportunities to introduce measures to facilitate or encourage the use of public transport or more sustainable modes of travel such as cycling. The transport impact assessment undertaken for the Scheme shows that it provides an opportunity for such measures to be introduced. 8

9 2.11 Objectives of the Scheme 2.12 The Scheme has three objectives which are set out below. (a) (b) (c) To facilitate regeneration and growth in south Bristol; To reduce congestion in south Bristol and adjacent areas of north Somerset; and To improve accessibility from south Bristol to the city centre and to strategic transport links, including the national road network and Bristol Airport. 3 THE SCHEME 3.1 Summary Description of Scheme and Order Land 3.2 The extent of the land comprised within the Order is shown edged in red on the Order Map accompanying the Order ( the Order Land ) (Document 1/1). The Order Land comprises land within two distinct character areas, passing from the rural hinterland south west of Bristol within North Somerset, into the suburban areas of Withywood and Bishopsworth in south Bristol. 3.3 The Scheme comprises the construction of new highway and realignment and improvement of existing highway over a total length of approximately 5 kilometres from the A370 within North Somerset to the A38 and onwards to the Cater Road roundabout within the Hartcliffe area of south Bristol. The Scheme is shown on the North Somerset Council (South Bristol Link Compulsory Purchase Order 2013) Location and Key Plan (Document 1/1). 3.4 The Scheme includes the construction of new junctions with the A370, Brookgate industrial estate, the A38, Highridge Green/Highridge Road, Queens Road and Hareclive Road and a bus only link to the Long Ashton Park & Ride facility and AVTM. New bridges will be constructed to cross Longmoor Brook and Colliter s Brook. An underbridge will be constructed to pass under the Bristol to Exeter Railway Line. Dedicated bus lanes will be provided between Brookgate junction and the new A38 roundabout junction. New bus stops and shelters and a continuous shared cycleway and footway will be provided along the route corridor. Associated works include the construction of drainage facilities, improved areas of common land at Highridge Common, creation of new footpaths and a linear park, improvements to private accesses, landscaping and ecological works. 3.5 The speed limits that will apply to the Scheme will be 40mph in the rural area and 30mph in the urban area. 9

10 3.6 More detail on the Scheme is shown in the application drawings submitted with the Environmental Statement (Document 4/7). 3.7 Development of the Scheme 3.8 The origins of the Scheme date back to the 1950 s with proposals for a South Bristol Ring Road and an Avon Ring Road or Inner Ring. Between 1992 and 2007 a number of studies were carried out to look at a range of alternative routes. These early appraisals did not address the current objectives of the Scheme and varied in their methodologies and objectives. 3.9 Early appraisals such as the A38 A370 Link Road Study (JMP 2002) were also less strategic in their objectives. This study examined a list of eleven routes and a public transport option. Of the alternative alignments considered, the report recommended a route to run between the A370 and the A38 close to Barrow Gurney, The Barrow Gurney Bypass. A bid for funding was subsequently made to the Department for Transport. However, DfT opted to defer any decision on the bypass, wishing to consider it in the context of the Greater Bristol Strategic Transport Study, considered below The Greater Bristol Strategic Transport Study (GBSTS) (Atkins, 2006) (Document 3/3) was undertaken to consider transport infrastructure proposals in the context of wider strategic objectives for the area. The GBSTS was a wide-ranging strategic transport study for Greater Bristol aimed at producing an effective strategy to support the future development of the sub-region in the period up to The approach adopted by the study was to develop a strategy for public transport and demand management and only then to consider highway improvements GBSTS considered proposals which followed a similar alignment to the Scheme and the Barrow Gurney Bypass and recommended promotion of the Scheme alignment because it provided relief to the congestion on the B3130 through Barrow Gurney and produced a stronger economic performance compared to the Barrow Gurney Bypass proposal Following the recommendations in the GBSTS, the Joint Local Transport Plan authorities (Bristol City, Bath and North East Somerset, North Somerset and South Gloucestershire Councils) resolved that all elements of the Metrobus were to be included in the programme of major transport schemes. In turn, the South West Regional Assembly identified the Scheme as part of the regional priorities for implementation before 2016 through the Regional Funding Allocation. This priority was further confirmed by the publication of the second Regional Funding Allocation for construction between 2014 and Work towards a Major Scheme Business Case (MSBC) (Document 3/4) for the Scheme commenced with the development of the Project Initiation Document by the Council and 10

11 Bristol City Council (October 2006). At this time the Councils commissioned external consultants to carry out a review of all existing studies to identify whether sufficient work had been carried out to form a basis on which to develop a MSBC for DfT funding The scope of the review was to determine any additional work required after GBSTS. The conclusion of this review was set out in the Initial Review Report; Mott MacDonald (June 2007) (Document 3/13). This review identified that further work would be required to fulfil the requirements of DfT guidance as set out in its Transport Analysis Guidance (WebTAG) (Document 5/17) for the following reasons: (a) (b) (c) Local objectives for the project would need to be more clearly defined; The scopes of the previous studies had been limited; and Current appraisal methodology had changed since the earlier studies had been carried out Consultants Mott MacDonald were commissioned to carry out this further work to help identify appropriate local objectives, confirm the Scheme options and appraise them against current DfT guidance. They undertook this work during 2008 and 2009 through workshops with various stakeholders. Through this process five preferred schemes were identified The Council and Bristol City Council consulted on these five options during the winter of 2008/09. Following the consultation, Mott MacDonald produced a report evaluating each of the five options (Options Appraisal Report; Mott MacDonald (February 2009)) (Document 3/14). This Options Appraisal Report formed the basis of the Report to Joint Transport Executive Committee (October 2009) (Document 2/30). The conclusions of this Report were that following the evaluation of the five options, the two best performing proposals were a rapid transit link between Ashton Vale and Hengrove with a parallel highway on either an inner or outer alignment. The inner route followed the route of the Scheme Executive briefings given to the Executive Members for Transport (North Somerset Council & Bristol City Council) (October 2009) reduced the two options to one and identified the Scheme. On 9 October 2009 it was resolved by North Somerset Council's Executive Member for Strategic Planning, Highways and Economic Development that the inner alignment (i.e. the Scheme) should be taken forward In the winter of 2009/10 the Council and Bristol City Council undertook a public consultation on the Scheme. This consultation included distribution of over 6,000 postcards to households in affected areas, notices in the local press and other media, and printing of 3,000 pamphlets and questionnaires distributed via local libraries, community centres and three public exhibitions. 95 questionnaires were returned, 91 11

12 responses received via the web site and 92 letters from individuals, groups and businesses The outcome of this consultation was reported to the Joint Transport Executive Committee (4th February 2010) (Document 2/29). At this meeting Members endorsed the Scheme as a major transport scheme for submission to the DfT. The MSBC (Document 3/4) was submitted to DfT on 26th March Following the MSBC submission to DfT the Scheme was reviewed at a value engineering workshop ahead of the Best and Final Bid (BAFB) (Document 3/5) preferred scheme submission to DfT in September The workshop identified that certain changes should be made to the Scheme to reduce costs to maximise the prospects of securing funding via the BAFB process. The alignment of the Scheme remained unchanged although some minor elements were altered. The changes made for the BAFB resulted in a capital cost reduction of some 20% being achieved without materially affecting the Scheme s performance against its objectives Further consultation has been undertaken as part of the planning application and environmental impact assessment process. The consultation has included: (a) (b) (c) the EIA Scoping Report of March 2012, and formal Scoping Opinions received from Bristol City Council and North Somerset Council in May 2012; responses from pre-application consultations held in November 2011, May/June 2012 and March 2013; and on-going collaborative working between the design and environmental assessment teams to test and appraise options towards the development of the final proposed scheme During the environmental impact assessment and planning application process certain changes to the Scheme were identified. This included the identification of additional landscaping and ecology measures (including the creation of a linear park within the reserved corridor and enhanced grassland) and the provision of public footpaths A consultation on exchange land options at Highridge Common was undertaken in February This is discussed in more detail in section 10 below Detailed description of the Scheme Route 3.25 The Scheme joins the A370 via an at-level roundabout located to the south-west of the existing junction from the A370 to the Park and Ride. Here the Scheme is comprised of a single carriageway (one lane in each direction) for private vehicles together with a dedicated cycle and pedestrian route. 12

13 3.26 From the Long Ashton Park & Ride site to Brookgate there is a single carriageway (one lane in each direction) segregated bus only way that enables the Scheme to link directly to AVTM and the Park and Ride facility The Scheme will provide a link into Brookgate Industrial Estate which leads to the mixed residential and employment area of Ashton Vale within Bristol City Council administrative area. This junction will be signal controlled. Cycle and pedestrian connections will be made to the existing network and a Metrobus stop provided From Brookgate to the A38 there will be nearside bus only lanes either side of the single carriageway. The parallel cycle and pedestrian path is retained throughout. The nearside bus lanes offer segregated running for Metrobus vehicles and the Airport Flyer The Scheme will pass beneath the Bristol to Exeter railway, and a new railway underbridge will be provided. At this point the cycle and pedestrian route will move offline from the main alignment to use the existing railway underbridge, which is to be refurbished as part of the Scheme The Scheme then passes through the restored Yanley Landfill site and crosses Colliter s Brook by way of a bridge A signalised roundabout junction with the A38 will be constructed. This junction will be fitted with bus priority measures. A Metrobus stop will be provided, allowing interchange between Metrobus and services using the A38, such as the Airport Flyer Between the A38 and the Hartcliffe Roundabout Metrobus vehicles will run with general traffic on a single carriageway (one lane in each direction). As Metrobus vehicles approach traffic signal junctions they will benefit from bus-detection and priority systems on the traffic signals. The dedicated cycle and pedestrian path will run in parallel to the carriageway and will link to existing paths. Metrobus stops will be provided at Highridge Common, Queens Road and Hareclive Road The Scheme will use new highway between the A38 and King George s Road. The Scheme will run along King Georges Road, on existing highway land, to its junction with Queen s Road before entering the existing amenity corridor area From the Hartcliffe Roundabout to the Hengrove Roundabout the existing dual carriageway remains unchanged with Metrobus vehicles running with general traffic. A Metrobus stop will be provided at Imperial Park South From the Hengrove Roundabout to Hengrove Park the Metrobus vehicles run oncarriageway with existing traffic and thereafter the Scheme will enable linkage with the North Fringe Hengrove Package. 13

14 3.36 Bridges and Structures 3.37 The Scheme includes a number of bridges and underbridges, all of which are located between the A370 and A38 section of the Scheme. (a) (b) (c) (d) Longmoor Brook Bridge The bridge carries the Scheme across Longmoor Brook watercourse. It will have a span of 12.5m and minimum clearance of 2.4m and has been designed to provide for a combined cattle, cyclist and pedestrian crossing beneath. A mammal ledge will be provided on the west abutment wall. Railway Underbridge an underbridge will be constructed to allow the Scheme to pass under the Bristol to Taunton rail line. This bridge will be constructed by Network Rail and will have a minimum width of 18.3m and minimum clearance height of 5.7m. Colliter s Brook Bridge The bridge carries the Scheme across Colliter s Brook watercourse and a public right of way (prow LA/12/5/100). The bridge will have a maximum width 16.85m and a minimum clearance height of 2.4m. Colliter s Brook Retaining Walls retaining walls are to be provided to the north and south of the new Bridge to reduce impacts on woodland and Colliter s Brook. North of the Bridge a retaining wall up to 3.5m in height will be provided to the east side of the Scheme, and south of the Bridge a retaining wall up to 5.0m in height will be provided to the west side of the Scheme Landscaping and ecological measures 3.39 The Scheme will provide a range of landscaping and ecological measures, including: (a) (b) (c) (d) improvements to existing vegetation and reinforcement of existing hedgerows and field boundaries; planting of small groups of native trees on embankments; use of grass verges along the route where appropriate; provision of approximately 400 trees, including native woodland planting to the east of the proposed A370 roundabout and compensatory native woodland planting at Hanging Hill Wood; (e) the re-siting of 3 remnant kilns within the proposed roundabout on the A38; (f) translocation of species rich turf from Highridge Common to the proposed Highridge Common exchange land; 14

15 (g) (h) (i) (j) limited native tree planting with the Common and creation of a gateway element; semi-mature tree and shrub planting within King George s Road; the creation of a linear park through the amenity corridor between Queen s Road and Hareclive Road, including a strong framework of tree cover, ornamental shrub planting and a 4 metre wide central reserve containing semi mature trees; and provision of mammal and bat underpasses and ledges, bat boxes and reptile friendly kerbs Planting will be done to provide ecological as well as landscape benefits by including species rich grasslands and other planting of ecological value. 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 this Statement. Facilitate regeneration and growth in south Bristol 4.3 'Unlocking our Potential: The Economic Benefits of Transport Investment in the West of England', Atkins (2012) (Document 3/11) assessed the impacts of nine major transport scheme on Gross Value Added (GVA), economic activity and regeneration in the West of England. The findings show that there is poor public transport access in south Bristol, poor connectivity to retail services and traffic congestion causes delays on the primary route network. 4.4 A further study was carried out as an extension to the above report, to examine the likely economic benefits of the SBL. The 'South Bristol Link: Economic Benefits Study', Atkins, June 2013 (Document 3/12) identifies that south Bristol faces particular challenges in unlocking regeneration and new employment development to improve economic prospects and outcomes for local residents. The area has complex social and economic needs but transport issues are a particular challenge in unlocking the potential of the area. There are high levels of unemployment, low skills levels and extensive and acute deprivation. There is evidence of relatively poor business performance, with a high dependence on public sector jobs and low value-added activity in retail and manufacturing. 4.5 The accessibility challenges result in businesses having limited interest in locating in the south of the city. There is significant out-commuting from the area due to lower numbers of jobs compared to working residents. There is a major challenge in encouraging new 15

16 job creation in this area, to both boost economic activity and improve social outcomes for local residents. This challenge will become progressively more serious as travel demand increases in the city and existing traffic constraints become more acute. 4.6 An assessment of relevant policy and local evidence base provided by the Economic Benefits Study revealed that investment in the transport system is considered to be a key element in unlocking economic growth and an important factor in attracting and retaining businesses. 4.7 At the sub-regional level, the provision of appropriate infrastructure (including transport) is a vital means of enabling sustainable development and achieving the desired levels of housing and economic growth. There is a strong link between economic development and transport infrastructure and, in turn, transport investment being vital in facilitating further development. At the local level there is a strong emphasis on the regeneration and economic growth of south Bristol with transport improvements considered a key prerequisite for facilitating growth. 4.8 The importance of the Scheme to facilitating regeneration and growth in south Bristol is evidenced by the representations in support of the associated planning applications by businesses and business organisations in the south Bristol area. This includes Business West, Bristol Chamber of Commerce, the Institute of Directors, Bristol Development Corporation, Cater Road Business Park Traders Ltd, Bristol Airport, Airbus, Computershare, Bristol Zoo, University of Bristol, University of the West of England, Great Western Dockyard: SS Great Britain, and Bristol City Football Club. 4.9 The Economic Benefits Study concludes that the absence of transport improvements will pose a significant challenge to the growth potential of the area, increasing the costs to local businesses and affecting the competitiveness of the area and its ability to unlock new development Reduce congestion in south Bristol and adjacent areas of North Somerset 4.11 The Economic Benefits Study identifies that south Bristol has a high car dependency and suffers from congestion and unreliable public transport options. Traffic congestion results in poor air quality, delays, unreliable journey times and unsustainable pressure on existing infrastructure and services. In the absence of sufficient investment in transport infrastructure, congestion is projected to get worse in the future as population and the demand for travel increase As set out in detail in the transport impact assessment submitted with the planning applications, road users regularly experience congestion in the road network around the Scheme. This includes congestion on important strategic networks including the A370, A38, A3029 and A

17 4.13 There is also congestion and high levels of traffic on minor residential roads. This is particularly evident on Barrow Street, Wild Country Lane and Yanley Lane, which are used as rat runs between the A370 and A As traffic reassigns to the Scheme in South Bristol, a reduction in traffic flows is forecast along surrounding residential streets, most notably along Whitchurch Road, Bishopsworth Road, South Liberty Lane and Kings Head Lane. These streets currently function as minor (residential) distributor roads, accommodating traffic travelling between surrounding residential streets and the wider area via the A38. Due to the residential nature of these streets and their proximity to local schools, the Scheme will provide environmental and safety benefits associated with the reduced traffic flows The new road link connecting the A370 to the A38 has the function of formalising the point at which traffic travels between these two Primary Routes, west of the Parson Street Gyratory and A3029 Winterstoke Road. Traffic is forecast to reassign to the Scheme from Yanley Lane and Barrow Street. If the Scheme were not to proceed, these two roads would continue to be used by peak hour commuters to travel between the A370 and the A38; a function intended for neither of these roads The Scheme will also provide an alternative to traffic currently using the congested A3029 Winterstoke Road to travel between South Bristol and the A370 / A The Scheme provides an opportunity for measures to lock in the benefits of reduced traffic volumes on surrounding residential streets, along congested routes and on unsuitable roads. Given the constraints on the existing network, there would be no opportunity for such measures to be implemented without the Scheme in place The transport impact assessment undertaken as part of the planning application process identified an existing accident grouping at the staggered junction between Whitchurch Land and Hareclive Road. There were 6 recorded accidents in the assessment period April 2007 to March 2012, with one of these being recorded as a serious accident. The existing staggered junction will be modified as part of the Scheme, to include a signalised junction, a restriction on the number of permitted movements and signal controlled pedestrian crossings. These improvements will provide the opportunity to address safety issues on this part of the network The Scheme will also provide opportunities for increased use of alternatives modes of transport to private car use, including public transport, cycling and walking. These are considered in more detail below. 17

18 4.20 Improve accessibility from south Bristol to the city centre and to strategic transport links, including the national road network and Bristol Airport 4.21 As noted above, the Scheme will improve accessibility to and from south Bristol by reducing congestion and providing a more suitable route for strategic traffic than the existing local and residential road network that is currently used The Metrobus element of the Scheme will comprise modern, comfortable, low emission vehicles with high quality waiting facilities and integrated ticketing. Bus lane and priority provision along the route will ensure that these services provide fast and reliable connections to increase the attractiveness of this mode relative to journeys using private cars. The new infrastructure also presents opportunities for journey time savings for existing bus services which use sections of the proposed route in south Bristol. For example, by diverting to part of the SBL route, the journey time of the Airport Flyer service between Bristol Airport and the city centre will be reduced, increasing the attractiveness and economic viability of the service and improving access to the airport These measures will improve accessibility to and from south Bristol to the city centre and to strategic transport links including Bristol Airport. This is further enhanced by the integration of the Scheme with AVTM and NFHP Bristol Airport has confirmed its support for the Scheme as it will improve transport links to the Airport from Bristol and the wider area The Scheme includes a dedicated cycle and pedestrian footpath along its length. This will provide a new east-west cycle and pedestrian link, connecting Bishopsworth with the A38 and A370 at Long Ashton (as well as Festival Way). This formalised provision will provide a more accessible and attractive route than the existing public rights of way which generally comprise unsealed tracks which are unattractive when muddy, unlit during the hours of darkness and are not accessible throughout to cyclists. This improved provision should encourage more journeys by active modes and improve accessibility. 5 THE ORDERS 5.1 The Compulsory Purchase Order 5.2 The Order is being promoted by the Council in conjunction with Bristol City Council in accordance with the terms of the s.8 agreement. 5.3 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

19 5.4 A summary of the powers in the Highways Act 1980 which are relied upon in relation to the Scheme is provided below: (a) (b) (c) (d) (e) (f) (g) By section 239 the Council as the highway authority for the area may acquire land required for the construction of a highway, other than a trunk road, which is to become maintainable at the public expense, as well as any land required for the improvement of a highway. Under section 240 the Council as the highway authority may acquire land required for use in connection with construction or improvement of a highway and the carrying out of a diversion or other works to watercourses. Under section 246, the Council as highway authority can acquire land for the purpose of mitigating any adverse effect which the existence or use of a highway constructed or improved by them has or will have on the surroundings of the highway. Under section 248, the Council as highway authority can acquire land in advance of requirements Section 249 prescribes distance limits from the highway for the acquisition of land for certain purposes. Section 250 allows the Council as the highway authority to acquire rights over land, both by acquisition of those already in existence, and by the creation of new rights. Section 260 allows the Council as highway authority to override restrictive covenants and third party rights where land acquired by agreement is included in a compulsory purchase order. 5.5 Under section 19 of the Acquisition of Land Act 1981 the Council will secure the necessary certificates from the appropriate Secretary of State in respect of the special category land required for the Schedule. 5.6 Circular 06/2004 (Document 6/5) provides guidance to acquiring authorities on the use of compulsory purchase powers and the Council has taken full account of this guidance in making the Order. 5.7 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 19

20 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. 5.8 The purpose in seeking to acquire the land and utilising the powers in the Highways Act 1980 is set out in detail below. 5.9 The Order Land 5.10 The Order Land has an area of 44.2 hectares. The Order Map (Document 1/1) shows the extent of the Order Land, which comprises 178 plots. The Order Map comprises 8 sheets The land coloured pink on the Order Map will be acquired permanently for the Scheme. The land coloured green is exchange land to replace special category land needed for the Scheme (see section 10 of this Statement). As required by the Acquisition of Land Act 1981 these plots must be transferred into the ownership of the owner of the special category land being acquired. In the case of plots 04/19, 04/21 and 04/22, exchange land at Highridge Common, this is Bristol City Council The Council is to create new rights over the land coloured blue on the Order Map. The rights to be created are necessary for the construction, operation and maintenance of the Scheme, specifically for the construction of the sections of the Scheme over Longmoor Brook and Colliters Brook, diversion of watercourses, creation of an area of flood compensatory storage and the provision of junction improvement works at the Cater Road industrial estate. However, as the Scheme will not preclude continued use of this land it will not be permanently acquired Plot 02/23 is needed for the construction of the underbridge to cross the Bristol to Exeter railway line. As this land forms part of the operational railway it will not be acquired but the necessary rights for the construction of the Scheme and ongoing operation and maintenance will be created. The Council has held detailed discussions with Network Rail regarding the nature of the rights required Confirmation of this Order will enable the Council to acquire compulsorily land required for the Scheme in order to construct new highways, improve highways, stop up highways and private means of access to premises and to provide new means of access to premises. It will also enable the Council to acquire compulsorily land required for the mitigation of adverse effects and exchange land for the loss of registered common land and open space land and for the acquisition of rights for construction and maintenance of the Scheme The land coloured pink on the Order Map will be acquired permanently for the Scheme. Plots 01/18, 01/19, 02/13, 02/14, 02/15, 02/16, 02/34, 02/35, 02/38, 02/43, 02/44, 03/03, 03/09, 03/10, 04/08, 04/09, 04/11, 04/12, 04/13, 04/14, 04/15, 04/16, 04/17, 04/18, 20

21 04/21, 04/,22, 05/01, 05/02, 05/03, 05/04, 05/05, 05/06, 05/07, 05/08, 05/09, 05/10, 05/11, 05/12, 05/13, 05/14, 05/15, 05/16, 05/17, 05/18, 05/19, 05/20, 05/21, 05/22, 05/23, 05/24, 05/25, 05/26, 06/01,06/02, 06/03, 06/04, 06/05, 06/06, 06/07, 06/08 are in the administrative area of Bristol City Council. As agreed between the Council and Bristol City Council, these plots will be retained by the Council during the construction phase as lead authority and ownership will be transferred to Bristol City Council upon completion of the Scheme Justification for Compulsory Purchase 5.17 The Scheme is required in order to meet the objectives set out above A description of the Scheme proposals are detailed in section The Scheme has been granted detailed planning permission by both North Somerset Council (Document 2/1) and Bristol City Council (Document 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 (Document 2/7) and North Somerset Core Strategy (Document 2/8) These are considered in section 7 below It is therefore considered that compulsory purchase is necessary and justifiable in the public interest. 6 SIDE ROAD ORDERS (SRO) 6.1 The Need for a Side Roads Order 6.2 The SRO will, subject to Confirmation of the Secretary of State for Transport, empower the Council to stop up existing side roads and private means of access affected by the Scheme, to improve existing side roads and to create new side roads and private means of access as a consequence of the main works. 6.3 The full title of the Order published under the Highways Act 1980 is: THE NORTH SOMERSET COUNCIL (SOUTH BRISTOL LINK CLASSIFIED ROAD) SIDE ROADS ORDER The Need for Side Roads Alterations 6.5 The proposed alterations to existing highways and private means of access that would be affected by the Scheme are detailed in the Schedule attached to the Side Roads Order, and shown diagrammatically on the Side Roads Order plans. The following 21

22 descriptions should be read in conjunction with the Schedules in the Order and the site plans. 6.6 The Scheme will require alteration of side roads and accesses and the Side Roads Order made under sections 14 and 125 of the Highways Act 1980 implements these alterations. The Scheme requires the stopping up of highways at various points. Some sections of existing highways are being extinguished and then recreated as part of the Scheme. Other sections will be closed permanently; however, convenient alternative routes are or will be available. The proposed arrangements are detailed below. THE NEED FOR SIDE ROADS ALTERATIONS SITE PLANS 1A and 1B A370 Long Ashton Bypass to Brookgate, Bus Link and other alterations Highways to be Improved The A370 Long Ashton Bypass Highways to be Stopped Up Reason and Reasonably Convenient Alternative Route The A370 from Parsonage Farm overbridge for a distance of 300 metres to the south west Public Right of Way LA12/12/40 from its connection to Public Right of Way LA12/12/50 for a distance of 200 metres to the south west Public Right of Way LA12/12/50 from its connection to the ramp leading up to Parsonage Farm overbridge for a distance of 50 metres to the south west Public Right of Way LA12/12c/10 from its connection to Public Right of Way LA12/12/50 for a distance of 190 metres to the south east Public Right of Way LA12/12c/10 from a point 190 metres south east of its connection to Public Right of Way LA12/12/50 for a distance of 290 metres to the south Public Right of Way LA12/12c/20 from a point 20 metres east of its connection to Public Right of Way LA12/12c/10 for a distance of 350 metres to the north east Public Right of Way LA12/14/30 from its connection to Public Right of Way LA12/14/50 for a distance of 37 metres to the north west Public Right of Way LA12/14/50 from its connection to Public Right of Way LA12/14/30 for a distance of 200 metres to the south To allow construction of new junction on A370 on similar line of existing road Crosses proposed South Bristol Link too close to new roundabout for safe passage. Diverted beneath proposed South Bristol Link to the east. Redundant on stopping up of LA12/12/40 Runs on line of proposed South Bristol Link. Reprovided to the east To provide connectivity to other realigned Public Rights of Way. Reprovided to the east Crosses proposed South Bristol Link and diverted route beneath proposed South Bristol Link considered to be safer Linked to stopping up of LA12/14/60 noted below Linked to stopping up of LA12/14/60 noted below 22

23 Public Right of Way LA12/14/60 from its connection to Public Right of Way LA12/14/50 for a distance of 225 metres to the south Public Right of Way LA12/12c/20 from its connection to Public Right of Way LA12/14/50 for a distance of 25 metres to the north west Some of length lies under works associated with proposed South Bristol link and new parallel facility proposed as replacement Linked to stopping up of LA12/14/60 noted above New Highways to be Constructed Reason A Junction on existing A370 To provide connectivity B C Public Right of Way from the ramp to Parsonage Farm overbridge to the retained element of Public Right of Way LA12/12/40 Public Right of Way from the stopping up of LA12/12c/20 to the west of the new road referenced D to the proposed South Bristol Link crossing of Longmoor Brook To provide an alternative routing for stopped up existing Public Rights of Way To provide an alternative routing for stopped up existing Public Rights of Way D Road connecting to the AVTM scheme (incorporating a cycletrack with a right of way on foot) To provide direct public transport connectivity between Ashton Vale to Temple Meads Scheme (AVTM) and South Bristol Link E Public Right of Way from Longmoor Brook underbridge to the retained element of Public Right of Way LA/12/12c/20 To provide an alternative routing for stopped up existing Public Rights of Way Private Means of Access to be Stopped Up Reason and Reasonably Convenient Alternative Route None identified New Private Means of Access to be Constructed 1 Field access to the west of proposed South Bristol Link 220 metres south of A370 2 Field access to the east of proposed South Bristol Link 510 metres south of A370 3 Field access to the west of proposed South Bristol Link 510 metres south of A370 Reason To provide access to field To provide access to field To provide access to field SITE PLANS 2A and 2B Brookgate to Hanging Hill Wood and other alterations Highways to be Improved Unclassified road in Brookgate Industrial Estate Highways to be Stopped Up Reason and Reasonably Convenient Alternative Route 23

24 Public Right of Way LA12/14/60 from a point 250 metres north of the Bristol to Taunton railway line to the railway line Public Right of Way LA12/5/100 from Hanging Hill Wood for a distance of 25 metres to the north east Public Right of Way LA12/15/20 from a point 37 metres south of the local authority boundary for a distance of 12 metres Lies on works associated with the proposed South Bristol Link. Diversion is parallel Crosses proposed South Bristol Link and diverted route beneath proposed South Bristol Link considered to be safer Line of existing Public Right of Way crosses proposed slopes and proposed diversion will be easier to use New Highways to be Constructed Reason A B C D E Public Right of Way from the link from the proposed South Bristol Link to Brookgate Industrial Estate to the Bristol to Taunton railway line Public Right of Way from Hanging Hill Wood to Colliters Brook by way of Colliters Brook underbridge Public Right of Way from existing Public Right of Way LA/12/15/20 to South Bristol Link Road connecting to Ashton Vale to Temple Meads scheme (incorporating a cycletrack with a right of way on foot) Road from proposed South Bristol Link to Brookgate Industrial Estate To provide an alternative routing for stopped up existing Public Rights of Way To provide safer road crossing To provide more convenient road crossing To provide direct public transport connectivity between Ashton Vale to Temple Meads Scheme (AVTM) and South Bristol Link To improve accessibility to Brookgate Industrial Estate F Public Right of Way connecting existing Public Right of Way BCC/214/30 to new cycletrack with a right of way on foot reference A To provide connection from stopped up Public Right of Way to new Public Right of Way Private Means of Access to be Stopped Up Reason and Reasonably Convenient Alternative Route 1s Unclassified track running to the west of Colliters Brook from the Bristol to Taunton railway for a distance of 600 metres to the south Lies on the alignment of the proposed South Bristol Link. Required access will be provided from the proposed South Bristol Link New Private Means of Access to be Constructed 1 Access to Yanley landfill site 75 metres south of Bristol to Taunton railway line 2 Access to Yanley landfill site 360 metres south of Bristol to Taunton railway line Reason To maintain existing access arrangements To maintain existing access arrangements 24