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The Neath to Abergavenny Trunk Road (A465)

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The Neath to Abergavenny Trunk Road (A465) Adroddiad Report Ymchwiliad a agorwyd ar 18/03/2014 Inquiry opened on 18/03/2014 Ymweliadau safle a wnaed ar 21/01/14, Site visits made on 21/01/14, 17/03/14, 17/03/14, 21/03/14, 27/03/14 a 11/04/14 21/03/14, 27/03/14 and 11/04/14 gan W S C Wadrup BEng (Hons), by W S C Wadrup BEng (Hons), CEng, CEng, MICE, FCIHT MICE, FCIHT Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 30/05/2014 Date: 30/05/2014 HIGHWAYS ACT 1980 ACQUISITION OF LAND ACT 1981 THE NEATH TO ABERGAVENNY TRUNK ROAD (A465) (ABERGAVENNY TO HIRWAUN DUALLING AND SLIP ROADS) AND EAST OF ABERCYNON TO EAST OF DOWLAIS TRUNK ROAD (A4060), CARDIFF TO GLAN CONWY TRUNK ROAD (A470) (CONNECTING ROADS) ORDER 1999, (GILWERN TO BRYNMAWR) (AMENDMENT) ORDER 201- THE NEATH TO ABERGAVENNY TRUNK ROAD (A465) (ABERGAVENNY TO HIRWAUN DUALLING AND SLIP ROADS) AND EAST OF ABERCYNON TO EAST OF DOWLAIS TRUNK ROAD (A4060) AND CARDIFF TO GLAN CONWY TRUNK ROAD (A470) (CONNECTING ROADS) (GILWERN TO BRYNMAWR) (SIDE ROADS) ORDER 201- THE WELSH MINISTERS (THE NEATH TO ABERGAVENNY TRUNK ROAD (A465) (ABERGAVENNY TO HIRWAUN DUALLING AND SLIP ROADS) AND EAST OF ABERCYNON TO EAST OF DOWLAIS TRUNK ROAD (A4060) AND CARDIFF TO GLAN CONWY TRUNK ROAD (A470) (CONNECTING ROADS) (GILWERN TO BRYNMAWR)) COMPULSORY PURCHASE ORDER 201- THREE PUBLIC NOTICES OF THE INTENTION TO ISSUE CERTIFICATES UNDER SECTION 19 OF THE ACQUISITION OF LAND ACT 1981 IN RESPECT OF COMMON LAND AND OPEN SPACE A PUBLIC NOTICE OF THE INTENTION TO ISSUE A CERTIFICATE UNDER PARAGRAPH 6 OF SCHEDULE 3 TO THE ACQUISITION OF LAND ACT 1981 Cyf Ffeil/File Reference APP/E6840/13/515915 www.planningportal.gov.uk/planninginspectorate 1 Report APP/E6840/13/515915 GLOSSARY AND ABBREVIATIONS USED IN THIS REPORT WG Welsh Government COBA Cost Benefit Analysis of the Department of Transport/Welsh Government TUBA Transport Users Benefits BCR Economic Benefits to Costs Ratio DMRB Design Manual for Roads and Bridges of the Department of Transport/ Welsh Government SRO Side Roads Order CPO Compulsory Purchase Order NCR National Cycle Route ES Environmental Statement for the scheme EIA Environmental Impact Assessment SIAA Statement to Inform an Appropriate Assessment SASICOM Statement about Alternative Solutions, Imperative Reasons of Overriding Public Interest and Compensatory Measures SAC Special Area of Conservation SAM Scheduled Ancient Monument SSSI Site of Special Scientific Interest AIES Assessment of the Impacts on European Sites NRW Natural Resources Wales BBNPA Brecon Beacons National Park Authority SINC Site of Interest for Nature Conservation vpd/AADT Vehicles per day/Annual Average Daily Traffic SUDS Sustainable Urban Drainage System AQMP Air Quality Management Plan CRT Canal and River Trust AOD Above Ordinance Datum WelTAG Wales Transport Appraisal Guidance TRFP Trunk Road Forward Programme LDP Local Development Plan 2 Report APP/E6840/13/515915 PPW Planning Policy Wales AO Amendment Order (Line) NMU Non-motorised User PREFIXES USED IN INQUIRY DOCUMENTATION WG Prefix for Welsh Government’s evidence-in-chief DD Documents that were deposited for public scrutiny S Prefix for Supporters’ document files R Prefix for files of those making representations O Prefix for Objectors’ documents DD Prefix for deposited documents ID Prefix for documents raised/submitted at Inquiry 3 Report APP/E6840/13/515915 TABLE OF CONTENTS 1. PREAMBLE ..................................................................... 7 2. PROCEDURAL AND LEGAL MATTERS ................................... 9 3. DESCRIPTION OF THE SURROUNDINGS .............................. 9 4 CASE FOR THE WELSH GOVERNMENT .............................. 11 5 THE CASE FOR THE SUPPORTERS .................................... 44 6 THE CASE FOR THE OBJECTORS ...................................... 47 7 THE CASE FOR THOSE MAKING REPRESENTATIONS ........... 71 8 THE WELSH GOVERNMENT RESPONSE TO THOSE MAKING OBJECTIONS AND REPRESENTATIONS .................................. 71 9 THE ALTERNATIVES TO THE DRAFT ORDERS ..................... 95 10 CONCLUSIONS ............................................................ 102 11 RECOMMENDATIONS .................................................... 139 ANNEX A: APPEARANCES AT THE INQUIRY ........................... 141 ANNEX B: SUPPORTING DOCUMENTS .................................. 143 ANNEX C: MODIFICATIONS SOUGHT BY THE WELSH GOVERNMENT ................................................................................. 153 ANNEX D: MODIFICATIONS TO THE ORDERS RECOMMENDED BY THE INSPECTOR ............................................................... 156 4 Report APP/E6840/13/515915 CASE DETAILS The Welsh Government’s trunk road improvement proposal, known as Section 2 of the A465 Heads of the Valleys Road Improvement, is hereinafter referred to as “the scheme” in this report. References to Inquiry documentation are given in the brackets that follow each section of the report. The draft Amendment Line Order would be made under Section 10 of the Highways Act 1980 and is known as: THE NEATH TO ABERGAVENNY TRUNK ROAD (A465) (ABERGAVENNY TO HIRWAUN DUALLING AND SLIP ROADS) AND EAST OF ABERCYNON TO EAST OF DOWLAIS TRUNK ROAD (A4060) AND CARDIFF TO GLAN CONWY TRUNK ROAD (A470) (CONNECTING ROADS) ORDER 1999 (GILWERN TO BRYNMAWR) (AMENDMENT) ORDER 201 - (DD001). The draft Side Roads Order would be made under Sections 12, 14, 125 and 268 of the Highways Act 1980 and is known as: THE NEATH TO ABERGAVENNY TRUNK ROAD (A465) (ABERGAVENNY TO HIRWAUN DUALLING AND SLIP ROADS) AND EAST OF ABERCYNON TO EAST OF DOWLAIS TRUNK ROAD (A4060) AND CARDIFF TO GLAN CONWY TRUNK ROAD (A470) (CONNECTING ROADS) (GILWERN TO BRYNMAWR) (SIDE ROADS) ORDER 201 - (DD002). The draft Compulsory Purchase Order would be made under Sections 239, 240, 246, 250, 254 and 260 of the Highways Act 1980 and under Section 2 and paragraphs 1(1)(b), (3) and (4) of Part 1 of Schedule 2 of the Acquisition of Land Act 1981 and is known as: THE WELSH MINISTERS (THE NEATH TO ABERGAVENNY TRUNK ROAD (A465) (ABERGAVENNY TO HIRWAUN DUALLING AND SLIP ROADS) AND EAST OF ABERCYNON TO EAST OF DOWLAIS TRUNK ROAD) (A4060) AND CARDIFF TO GLAN CONWY TRUNK ROAD (A470) (CONNECTING ROADS) (GILWERN TO BRYNMAWR) COMPULSORY PURCHASE ORDER 201 - (DD003). The draft Amendment Line Order (AO) and Side Roads Orders (SRO) were published on 10 October 2013. The draft Compulsory Order (CPO) was published on 31 October 2014. The concurrent objection period ended on 21 November 2013 (ID2, DD017, DD018, DD037, DD038, DD039). Notices of Intention to Issue 4 Certificates in accordance with Sections 19 and under paragraph 6 of Schedule 3 of the Acquisition of Land Act 1981, in respect of compulsory purchase of Common Land, Open Space and rights across Open Space were published on 31 October 2013 (WG01/Appendicies 4.1 and 4.2, DD004-DD007, DD204). The scheme was subject to an Environmental Impact Assessment, in accordance with Section 105A of Part V of the Highways Act 1980 (as amended) and EC Directive 2011/92/EU (DD019). An Environmental Statement (ES) was published on 10 October 2013. A statement to Inform an Appropriate Assessment (SIAA) in accordance with Regulation 61 of the Conservation of Natural Habitats and Species Regulations 2010 in connection with the potential impact that the scheme might have on the Usk Bats Sites, the River Usk and the Cwm Clydach Woodlands SACs was also published on this date DD008- 5 Report APP/E6840/13/515915 DD015, DD016, DD042, DD210. A voluntary supplement to the ES was published on 25 February 2014 in order to update the Environmental Impact Assessment because of minor design changes and discussions with the Statutory Environmental Bodies (DD056, DD058). An addendum to the SIAA and ‘A Statement about Alternative Solutions, Imperative Reasons of Overriding Public Interest and Compensatory Measures (SASICOM)’ also published on 25 February 2014. These were required as NRW and the Welsh Government could not agree on the conclusion of the original SIAA in relation to level of certainty that an adverse effect on the integrity of the Usk Bat Sites Special Area of Conservation (SAC) would be avoided (DD057, DD059). The Orders, if made, would authorise the Minister, acting on behalf of the Welsh Government, to carry out an improvement to the A465 Heads of the Valleys Trunk Road between Glanbaiden and a point west of Brynmawr where it would abut the dual carriageway currently being constructed. The Orders would also authorise the Minister to de-trunk a short section of the A465 at Saleyard, in addition to the powers already granted by the made 1999 Line Order for this length of the A465 Trunk Road (DD001-DD003). SUMMARY OF RECOMMENDATIONS I recommend that the draft Amendment (Line) Order be modified, to correct minor drafting omissions, and as modified be made. I recommend that the draft Side Roads Order be modified and as modified be made I recommend that the draft Compulsory Purchase Order be modified and as modified be made I further recommend that all 4 Certificates, in respect of the acquisition of Common Land, Open Space and Rights over Open Space, be issued. ____________________________ 6 Report APP/E6840/13/515915 1 PREAMBLE 1.1 I was appointed by the Minister for Economy, Science and Transport, one of the Welsh Ministers, pursuant to Paragraph 7 of Schedule 1 of the Highways Act 1980 and Schedule 13 (2) of the Acquisition of Land Act 1981 to conduct concurrent Public Local Inquiries into the above draft Orders and to report to the Welsh Ministers. For ease of reference I shall refer to the concurrent Public Local Inquiries as “the Inquiry” in this report (DD203, DD204). 1.2 I held a Pre-Inquiry meeting at The Gilwern Old School Community Centre, Gilwern, NP7 OAT on 22 January 2014. A note of the meeting was sent to all persons who had registered at the meeting or had made objection or representation about the draft Orders. The note is at Inquiry Document 1 (ID1) (DD043). 1.3 I held the Inquiry at the Gilwern Old School Community Centre, School Lane, Gilwern, NP7 0AT, over 15 days between 18 March 2014 and 11 April 2014. In the order of 300 members of the public attended the Inquiry (DDO44).
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