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CLOSING SUBMISSIONS on the Behalf of the Welsh GOVERNMENT

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CLOSING SUBMISSIONS on the Behalf of the Welsh GOVERNMENT CLOSING SUBMISSIONS on the behalf of the Welsh GOVERNMENT M4 Corridor Around Newport, Newport Public Local Inquiry Note: this is the revised version of the Closing Submissions which addresses the typographical errors that were noted during the delivery of the speech on 28 March 2018 PINS reference number: APP/E6840/V/17/3166811 Called-in Listed Building Application for Woodland House reference number: DC/2016/01033 Highways Schemes The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) Scheme 201- The London To Fishguard Trunk Road (East Of Magor To Castleton) Order 201- The M4 Motorway (West Of Magor To East Of Castleton) And The A48(M) Motorway (West Of Castleton To St Mellons) (Variation Of Various Schemes) Scheme 201- The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) (Supplementary) Scheme 201- The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) (Amendment) Scheme 201- The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) (Supplementary) (No.2) Scheme 201- The M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) (Amendment) (No. 2) Scheme 201- The Side Roads Orders The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) And The London To Fishguard Trunk Road (East Of Magor To Castleton) (Side Roads) Order 201- The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) And The London To Fishguard Trunk Road (East Of Magor To Castleton) (Supplementary) (Side Roads) Order 201- C:5493805v1 The Compulsory Purchase Orders The Welsh Ministers (The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) And The London To Fishguard Trunk Road (East Of Magor To Castleton)) Compulsory Purchase Order 201- The Welsh Ministers (The M4 Motorway (Junction 23 (East Of Magor) To West Of Junction 29 (Castleton) And Connecting Roads) And The M48 Motorway (Junction 23 (East Of Magor) Connecting Road) And The London To Fishguard Trunk Road (East Of Magor To Castleton)) Supplementary Compulsory Purchase Order 201- The Welsh Ministers (the M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and the London to Fishguard trunk road (East of Magor to Castleton)) Supplementary (no. 2) Compulsory Purchase Order 201- The Welsh Ministers (the M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and connecting roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and the London to Fishguard trunk road (East of Magor to Castleton)) Supplementary (no. 3) Compulsory Purchase Rrder 201- The Welsh Ministers (the M4 Motorway (Junction 23 (East of Magor) to West of Junction 29 (Castleton) and Connecting Roads) and the M48 Motorway (Junction 23 (East of Magor) Connecting Road) and the London to Fishguard trunk road (East of Magor to Castleton)) Supplementary (no. 4) Compulsory Purchase Order 201- C:5493805v1 M4 CaN __________________________________ CLOSING SUBMISSIONS on behalf of the WELSH GOVERNMENT __________________________________ INTRODUCTION 1. The M4 is a route of strategic importance. It is critical to the Welsh economy and society, linking two thirds of the Welsh nation to Wales’ largest trading partner. It connects the capital city of the Welsh nation with the capital city of the UK and takes travellers to and from the Valleys and West Wales, for business, social, cultural and tourist purposes. The M4 directly serves institutions which are central to defining the nation’s identity and developing its future – its devolved Assembly, leading universities, hospitals and colleges, concert halls, Swansea Bay City Region, Cardiff Capital City Region, National Botanic Gardens and its sports stadia including Principality Stadium, home of the Welsh Rugby Union, a supporter of the Scheme. The proper functioning of this road is C:5493828v1 fundamental to the well-being of the nation – economically, socially, culturally. 2. But there is a huge problem. The existing M4 between Magor and Castleton does not meet modern motorway design standards and a greater volume of traffic uses the motorway than that for which it was originally designed. Around 100,000 vehicles per day use the M4 and the transport related problems are only getting worse, with population and traffic levels continuing to grow in Wales. Congestion, with frequent incidents, is a daily occurrence. These characteristics bring adverse economic and environmental impacts. Really serious hold-ups are a fact of life. When they occur, this critically important corridor grinds to a halt, with traffic chaos spilling out into Newport and surrounding areas. 3. The Scheme is proposed because of the manifest inadequacies of this stretch of the M4. It is WG’s case that the evidence heard at this Inquiry proves that there is a pressing problem demanding a solution, that the only practical solution is one which involves an increase in road capacity and that the Scheme is preferable to the various alternatives which have been advanced. Furthermore, with the removal of the Severn crossing tolls, the economic and traffic case for the Scheme is strengthened. 4. The engineering of the Scheme comprises the following principal components: - A new section of dual three-lane motorway to the South of Newport connecting to the existing route at junctions 23 and 29. The 23 kilometre route of three-lane motorway would pass south of Newport, crossing the Gwent Levels, River Usk Estuary, Newport Docks, close to the C:5493828v1 2 Llanwern Steelworks site and the Docks Way landfill site. To cross the River Usk, the motorway would be raised on approach viaducts and a cable stayed bridge. - Re-classification of the existing M4 around the north of Newport between junctions 23 and 29 as a trunk road, with changes to lane configurations. The existing A48(M) between junction 29 and St. Mellons in Cardiff would also be reclassified. The road between Junction 24 (Coldra) and Junction 23 (Magor) would become a two-lane dual carriageway. - A new B4245/M48/M4 connection at Junction 23 which would reduce traffic through Magor and improve accessibility, including to the Severn Tunnel Junction railway station. - A new interchange junction at Castleton would connect the proposed new motorway to the existing M4 between Newport and Cardiff and to the reclassified A48(M). - Intermediate junctions at Glan Llyn and Docks Way would connect into existing roads at the A4810 and A48, serving Newport and its development sites, and Newport Docks - Re-opening of the west facing slip roads of Junction 25 (Caerleon), improving access to Caerleon and the St. Julians areas of Newport. 5. Opponents of the Scheme have generally been reluctant to acknowledge the environmental benefits which it would bring, notably in terms of improved air quality and noise conditions for the thousands of people who live close to the current, overloaded M4. C:5493828v1 3 6. By contrast, WG’s professional team has been open about the environmental impacts of the proposals throughout the Environmental Impact Assessment (“EIA”) and Statement to inform Appropriate Assessment (“SIAA”) processes and in its evidence to the inquiry, including the Ecosystems Services Appraisal (“ESA”). Effects have been assessed throughout on a precautionary basis. 7. Following the failed challenge to the strategic Plan for a solution to the problems, mounted on SSSI and other environmental grounds1, great attention has been paid, as the Scheme has been developed, to its design and to the mitigation of adverse environmental effects, reflecting the acknowledged sensitivity of much of the proposed route. Ecological mitigation measures would, given time, contribute positively to the environment and to biodiversity, in particular, by means of three SSSI mitigation areas and management of Coed Mawr woodland as dormouse habitat (part of a comprehensive package of measures for this species). Continuity of the Levels’ characteristic network of reens and ditches and quality of the water going into them from the road have been addressed in minute detail by a multi-disciplinary team of environmental and construction engineers in consultation with WG’s ecologists and NRW. Rather than simply demolishing the G2 listed Woodland House (known locally as ‘Magor Vicarage’), WG has worked, in collaboration with Monmouthshire County Council (“MCC”), to identify a new site to which it is committed to moving the building, should MCC grant the necessary consents; other heritage features also have their own bespoke mitigation measures. 1 Alleged failure to carry out Strategic Environmental Assessment properly and alleged failure to comply with statutory duties in relation to SSSIs. Breach of the Government’s duties in relation to carbon reduction (the latter ground was withdrawn): CD. 4.5.45 C:5493828v1 4 Contrary, perhaps, to popular impressions, the Scheme would, in time, be carbon neutral as a result of user emissions reductions on the shorter route offsetting construction emissions. 8. Many of those who presented evidence to the inquiry have objected to the idea of the Scheme without doing justice to its detail; there have been suggestions that the proposals, as a matter of principle and law, are inconsistent with environmental legislation.
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