The North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 Section 19 Acquisition of Land Act 1981

Transcription

1 BURGES SALMON For the attention of Rachael Woodbridge The National Planning Casework Unit 5 St. Philips Place Colmore Row Birmingham B3 2PW By recorded delivery One Glass Wharl Bristol BS2 OZX Tel: +44 (0) Fax: +44 (0) @burges-salmon.com DX 7829 Bristol Direct Line: +44 (0) craig. whelton@burges..salmon.com Our ref: JA09/CW18/GS03/ /ARTHU Your ref: 20 December 2013 When telephoning please ask for: Craig Whelton Dear Sirs The North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 Section 19 Acquisition of Land Act 1981 Application for Certificate We act for North Somerset Council ("the Council") which is promoting the South Bristol Link ("the Project") on behalf of itself and Bristol City CounciL. The Project 2 The Project consists of a combined road and rapid transit route for buses, which links the A370 Long Ashton bypass within North Somerset and Hengrove Park within the Hartcliffe area of south BristoL. The Project is part of a transport package for the West of England sub-region. The scheme is designed to improve accessibility to employment areas in south Bristol, a sub-regional focus for regeneration, and to provide businesses and residents with better connectivity to the remainder of the sub-region and its strategic transport network. The Ashton Vale to Temple Meads (A VTM) guided bus scheme will combine with SBl to improve the journey time and journey reliability between Bristol Airport and Bristol city centre. AVTM was approved by the Secretary of State for Transport on 6 November The West of England authorities are committed to promoting stronger economic growth and moving closer to a future, more integrated transport network for the city region. The Project is designed to link with these major transport proposals, including Bristol Airport and the West of England rapid transit network, known as the Metro Bus. The Metro Bus will provide a fast and efficient link between South Bristol, Ashton Vale and Long Ashton Park and Ride, Temple Meads and the City Centre and, from there, to Cribbs Causeway, Emerson's Green and key employment areas such as Aztec West. 4 A key objective of the pre-application consultation carried out in May and June 2012 was to negotiate with landowners regarding the land purchase of sections of the route. Negotiations with various landowners for the acquisition of land by agreement are ongoing at the time of writing. Nonetheless, the Council has made the North Somerset Council (South Bristol Link) Compulsory Purchase Order 2013 ("the CPO") to ensure acquisition of the necessary land and interests to enable delivery of the Project. 5 Planning permission for the Project was granted by the Council on 18 November 2013 and by Bristol City Council on 2 December Open Space WORK\ \v.l Also at: 6 New Street Square. London. EC4A 3BF Tel: +44(0) Fax: +44(0) Surges Salmon LLP is a limited liability partnership registered in England and Wales (LLP number OC307212) and is authorised and regulated by the Solicitors Regulauon Authority. A list 01 the members, all 01 whom are solicitors, may be inspec;ted at our regìstered office: One Glass Wharf, Bristol, BS20ZX. r""-i, INVESTORS ~J IN PEOPLE

2 Page 2 20 December "':... BURGES SALMON 6 Part of the land to be acquired pursuant to the CPO forms an area of informal public open space, located close to the Long Ashton Park & Ride facility ("the Open Space"). The part of the Open Space required for the Project is approximately 36,533.9m2 in area and is shown coloured blue on the Open Space Plan enclosed with this application (Ref: J:\13-14\CGD13_ 42 South Bristol Link\Dep Plans). 7 Evidence presented at the recent Ashton Vale to Temple Meads scheme public inquiry indicated that the area is used by the public primarily for walking and dog walking. Requirement for Exchange Land and Application for s.19 Certificate 8 Land which is open space and is to be acquired under a CPO is subject to a special parliamentary procedure unless the relevant Secretary of State provides a certificate in accordance with section 19 of the Acquisition of Land Act There are three sub-sections in section 19(1) which set out the grounds on which the Secretary of State may be satisfied that special parliamentary procedure need not apply. In this case, the relevant ground for the Secretary of State to consider is that contained in section 19(1 Ha). 9 Before granting a certificate under section 19(1 Ha), the Secretary of State must be satisfied that: "there has been or will be given in exchange for such land, other land, not being léss in area and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the person in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attached to the land purchased'. 10 The Council therefore applies to the Secretary of State under section 19(1 Ha) of the Acquisition of Land Act 1981 for a certificate confirming that the CPO will not be subject to special parliamentary procedure. The application is made on the basis set out in the paragraphs below. Proposed Exchange Land for the Open Space 11 The proposed exchange land, shown coloured green on the enclosed Open Space Plan, totals 44,278.3m2 in area. The replacement land is of a similar physical characteristic to the Open Space. The "horseshoe" area to the north runs along the border of land designated as open space as part of the Ashton Vale to Temple Meads scheme and represents a natural extension to this existing area of open space. The areas to the south are linear in nature and it is proposed that these will contain open grassed areas and tree planting. The land will be accessible to the public by the new shared cycleway and footway and from the re-diverted public footpath. It can be used for similar recreational purposes as the Open Space in terms of dog walking and general recreation by the local communities. 12 It should be noted that a significant proportion of the Open Space identified as needed for the Project (25,062.6m2) is not to be acquired outright, but will have rights created over it for the purposes of constructing a flood compensatory storage area. This land will, in practice, remain available and useable as open space. 13 It is considered that the area meets or is capable of meeting the tests set out in paragraph 9 above. In particular: (a) The proposed exchange land is 1.21 times the size of the Open Space which is required for the Project. Taking into account the part of the Open Space which is not being acquired outright (see paragraph 12 above) and will therefore remain available for public use, this figure increases to 3.86 times the size. It is therefore greater in area. WORK\ \v.1

3 Page 3 20 December BURGES SALMON Summary (b) For the reasons given in paragraph 11 above, the exchange land is equally advantageous to the public. In addition. a pedestrian island will be constructed where the shared cycleway and footway meet the highway to connect the two exchange areas to the east. 14 We enclose in support of this application a copy of the CPO as sealed by the Council on 25 November 2013, the Order Map (comprising nine plans) and the Open Space Plan showing the location of the Open Space. The Open Space Plan also shows the location of the exchange land in relation to the Open Space. 15 We understand that the Secretary of State will now consider this application, and that arrangements are likely to be made for the order and exchange land to be inspected and/or appraised. We trust that you will liaise directly with the Department for Transport with regard to timescales, particularly with regard to the timing of any notice of intention to grant a certificate. We note that any objections to the grant of a certificate will need to be heard at the CPO inquiry, so sufficient time will need to be given for any representations to be submitted before the CPO inquiry commences. 16 The Council has also submitted an application to the Planning Inspectorate in relation to an area of common land which is required for the Project. For ease of reference, our contact details for the Planning Inspectorate and the Department for Transport are as follows: (a) Naoual Margoum, Common Land Casework Team, The Planning Inspectorate, Room 3/25B Hawk Wing, Temple Quay House, 2 The Square, Bristol BS1 6PN ( ). (b) Kelly Schröcksnadel, Department for Transport National Transport Casework Team, Tyneside House, Skinnerburn Road, Newcastle upon Tyne NE4 7 AR ( ). 17 If we can be of any assistance in making these arrangements. or if you require any further information. please do not hesitate to contact us. Otherwise, we look forward to receiving confirmation that this application has been received and accepted as valid. Yours faithfully ßu.,\c-';) ~o.\fv'\ci\ LL P BURGES SALMON LLP Encs. Order Order Map Open Space Plan WORK\ \v.1

4 Contents BURGES SALMON The North Somerset Council (South Bristol Link) Compulsory Purchase Order The Order Map (a) Location and Key Plan (b) Sheet 1 (c) Sheet 2 (d) (e) Sheet 2A Sheet 2B (f) Sheet 3 (g) Sheet 4 (h) Sheet 5 (i) Sheet 6 3 Open Space Plan WORK\ \v

5 Department for Communities and Local Government Burges Salmon One Glass Wharf Bristol BS20ZX By Please Tara Dickenson ask for: Tel: Your ref: Our ref: NPCU/CPO/S19(1 )(a)/d0121/73362 Date: 12th May 2014 Dear Sirs The North Somerset Council (South Bristol Link) Compulsory Purchase Order andthe North Somerset Council (South Bristol Link) Compulsory Purchase Order (No. 2) i refer to your letter of 20th December 2013 about the application by North Somerset Council for a certificate under section 19(1 )(a) of the Acquisition of Land Act 1981 and enclose two copies of a notice of the Secretary of State for Communities and Local Government's intention to give the certificate in accordance with the provisions of section 19(2). 2 In exercise of his powers under section 19(2) and (2A) of the Acquisition of Land Act 1981, the Secretary of State for Communities and Local Government directs North Somerset Council to give public notice of his intention to give a certificate in the following manner: (a) by publishing the attached notice ("the notice") for two successive weeks in the local newspaper or newspapers in which notice under section 11 of the making of the compulsory purchase order was published; (b) by posting copies of the notice in the vicinity of the land mentioned in it ("the land") and in the usual places where it is customary to display notices of the North Somerset Council; and National Planning Casework Unit Department for Communities and Local Government 5 St Philips Place Colmore Row Birmingham B3 2PW Tel: npcu@communities.gslgov.uk

6 (c) by sending a copy of the notice to - (i) each parish, district and county council in whose area any part of the land is situated; and (ii) qualifying person under section 12 of the 1981 Act or to persons who, if the land was being compulsorily purchased, would be entitled to be served with a notice under section 12 of the 1981 Act. The notice should be completed by inserting the date of publication and the time (not less than 21 days) within which objections or representations may be made; and details of the place where the public may see copies of the order, the order map(s), and a plan showing the order land and the proposed exchange land. 3 Copies of the newspaper, or of the page from the newspaper containing the public notice, and of the notice as posted and sent to the interested local authorities and to persons who, if the land was being compulsorily purchased, would be entitled to be served with a notice under section 12 of the Acquisition of Land Act 1981, should be forwarded to this office not later than 2 weeks from the date when the notice was last published. Yours sincerely ~ Mr John Oakes Senior Planning Manager National Planning Casework Unit 2

7 PUBLIC NOTICE OF INTENTION TO ISSUE A CERTIFICATE UNDER SECTION 19(1)(a) OF THE ACQUISITION OF LAND ACT 1981 (SECTION 4) ACQUISITION OF LAND ACT 1981 THE NORTH SOMERSET COUNCIL (SOUTH BRISTOL LINK) COMPULSORY PURCHASE ORDER 2013 AND THE NORTH SOMERSET COUNCIL (SOUTH BRISTOL LINK) COMPULSORY PURCHASE ORDER (No. 2) LAND NEAR TO LONG ASHTON PARK AND RIDE 1. The North Somerset Council ("the Council") has submitted the above named compulsory purchase order to the Secretary of State for Transport for confirmation. If confirmed, it will authorise the purchase of land ("the order land") which forms part of an open space, as defined in the Act; that is, land laid out as a public garden, or used for the purposes of public recreation, or a disused burial ground. 2. The order will be subject to special Parliamentary procedure unless the Secretary of State for Communities and Local Government gives a certificate in accordance with the provisions of section 19 of the Act. The Secretary of State has been asked by the Council to certify under section 19(1 )(a), that he is satisfied that there has been or will be given in exchange for the order land other land ("the exchange land") which is not less in area and is equally advantageous to persons, if any, entitled to rights of common or other rights, and to the public, and that the exchange land has been or will be vested in the persons in whom the order land was vested, and subject to the like rights, trusts and incidents as attach to the order land. 3. The order land is described in the First Schedule to this notice; and the exchange land is described in the Second Schedule. On the plans referred to in paragraph 5 below, the order land is shown coloured blue, and the exchange land is shown coloured green. 4. The Secretary of State for Communities and Local Government is required to direct the Council to give public notice of his intention to give a certificate before he reaches a decision, to afford an opportunity for representations and objections to be made. The Council hereby gives that notice. Any representations or objections in relation to this proposal should be addressed in writing to The National Planning Casework Unit, 5 St Philips Place, Colmore Row, Birmingham B3 2PW (NPCU@communities.gsi.gov.uk) by 4 June 2014 quoting reference NPCU/CPO/S19(1 )(a)/d0121 / Copies of the compulsory purchase order, the order maps and a plan showing the order land and the proposed exchange land are on deposit at the following locations: North Somerset Council, Town Hall, Walliscote Grove Road, Weston-super-Mare, North Somerset BS23 1 UJ; North Somerset Council, Castlewood, Tickenham Road, Clevedon BS21 6FW; Bristol City Council, City Hall, College Green, Bristol, BS1 5TR; Long Ashton Library, Lovelinch Gardens, Long Ashton, BS41 9AH; Bishopsworth Library, Bishopsworth Road, Bristol, BS13 7LN; Gatehouse Centre, Hareclive Road, Bristol, BS13 9JN and may be seen there at all reasonable hours. 6. The Secretary of State for the Department for Transport, if he considers it expedient, may hold a public inquiry into the matter. FIRST SCHEDULE Order Land Number Extent, description and situation of the land on Map 01/15 The right over sqm of land to enter and undertake works for all purposes in connection with construction, operation and maintenance of compensatory flood storage south of Longmoor Brook and west of Colliters, Ashton Vale, Bristol 01/16 All interests in sqm forming pasture land and public footpath south of Longmoor Brook and west of Colliters Brook, Ashton Vale, Bristol

8 01/17 Rights over sqm of pasture land and public footpath south of Longmoor Brook and west of Colliters Brook, Ashton Vale, Bristol to provide access to Colliters Brook for Environment Agency 01/18 Rights over sqm of pasture land and public footpath (LA 12/14/50) south of Longmoor Brook and west of Colliters Brook, Ashton Vale, Bristol to provide maintenance access to Colliters Brook for Environment Agency SECOND SCHEDULE Exchange Land Number Extent, description and situation of the land on Map 01/22 All interests in sqm forming pasture land and public footpaths (LA12/12a/05 and LA 12/12/40) on the west of Long Ashton Park and Ride and south of the A370, Ashton Vale, Bristol 01/23 All interests in sqm form ing pasture land and public footpaths (LA 12/12a/05 and LA 12/12/40) on the west of Long Ashton Park and Ride and south of the A370, Ashton Vale, Bristol 01/19 All interests in sqm forming pasture land and public footpaths (LA 12/14/60) on west side of Colliters Brook, Ashton Vale, Bristol 01/20 All interests in sqm forming pasture land and public footpaths (LA12/14/60 & LA 12/12c/20) on west side of Colliters Brook, Ashton Vale, Bristol 01/27 All interests in sqm forming pasture land and public footpath (LA 12/12c/20) on west side of Colliters Brook, Ashton Vale, Bristol 02/01 All interests in sqm forming pasture land and public footpath (LA 12/14/60) west of Brook Gate and north of Bristol to Exeter Railway Line, Ashton Vale, Bristol 02/02 All interests in sqm forming pasture land and public footpath (LA12/14/60) west of Brook Gate and north of Bristol to Exeter Railway Line, Ashton Vale, Bristol 02/03 All interests in sqm form ing pasture land and public footpaths (LA 12/14/60 & LA 12/12c/20) west of Brook Gate and north of Bristol to Exeter Railway Line, Ashton Vale, Bristol 02/17 All interests in sqm forming land, thickets and shrubs west of Ashton Vale Trading Estate, Brook Gate, Ashton Vale, Bristol 02/19 All interests in sqm forming pasture land and public footpaths (LA12/14/60 & LA 12/12c/20) west of Brook Gate and north of Bristol to Exeter Railway Line, Ashton Vale, Bristol 02/22 All interests in sqm forming pasture land west of Brook Gate and north of Bristol to Exeter Railway Line, Ashton Vale, Bristol 02A101 All interests in sqm forming pasture land west of Brook Gate and north of Bristol to Exeter Railway Line, Ashton Vale, Bristol 2

9 ~ John Oakes Senior Planning Manager National Planning Casework Unit 14th May