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Statement of Case by 12Th September 2003

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Statement of Case by 12Th September 2003 Contents 1 INTRODUCTION 1 2 THE APPLICATION 2 2.1 The Applicant - West Midlands Passenger Transport Executive - Centro 2 2.2 West Midlands Passenger Transport Authority (PTA) 2 2.3 The Legislative Context of the Application 2 3 SCHEME OBJECTIVES AND POLICY REVIEW 3 3.1 Objectives of the Scheme 3 3.2 Policy Review - Introduction 4 3.3 European Transport Policy 4 3.4 Government Transport Policy & Objectives 5 3.5 Local and Regional Transport Policy & Objectives 6 4 DEVELOPMENT AND DESCRIPTION OF THE SCHEME 8 4.1 Introduction 8 4.2 Route Selection 8 4.3 Future Network Development 9 4.4 Scheme Description 10 4.5 Junction with Line 1 at Wednesbury to Tipton Road 10 4.6 Dudley Town Centre to Cinder Bank 11 4.7 Cinder Bank to Canal Street 11 4.8 Canal Street to Brierley Hill Terminus 11 5 DUDLEY AND SANDWELL METROPOLITAN BOROUGH COUNCILS 13 5.1 Role as Local Authorities and Project Partners 13 5.2 Role As Local Planning Authority 13 5.3 Role As Highway Authority 14 5.4 The Schemes Compliance with Development Plan Policy 14 6 REVIEW OF POLICY AND THE LOCAL PLANNING FRAMEWORK 15 6.1 The Dudley Unitary Development Plan (UDP) 15 6.2 The Revised Deposit Draft Unitary Development Plan for the Metropolitan Borough of Dudley, February 2002. 17 6.3 The Sandwell Unitary Development Plan (UDP) 17 6.4 The Revised Deposit Draft Unitary Development Plan for the Metropolitan Borough of Sandwell, March 2001 18 7 URBAN DESIGN PRINCIPLES 19 7.1 Introduction 19 7.2 General Landscape Treatment 19 7.3 Stop Infrastructure 20 7.4 Overhead Line Equipment (OHLE) 20 7.5 Surface Materials and Finishes 20 7.6 Trees and Vegetation 21 8 TRANSPORTATION, TRAFFIC ENGINEERING AND CONSTRUCTION 22 8.1 Integration with Public Transport 22 8.2 Traffic Management Impacts 22 8.3 Traffic Management Measures 22 8.4 Route Engineering 23 8.5 Construction 25 8.6 Vehicles 27 9 HEAVY RAIL INTERFACE 28 9.1 Introduction 28 9.2 Economic case; heavy rail and light rail. 28 9.3 Operational requirements 29 9.4 Safety 29 9.5 Construction / phasing 29 10 ENVIRONMENTAL EFFECTS 30 10.1 Introduction 30 10.2 Construction 30 10.3 The Operation of the Scheme 31 11 FUNDING AND PROCUREMENT 32 11.1 Cost Estimate 32 11.2 Procurement Strategy 32 11.3 Transportation Demand Case 33 11.4 Updating the Economic Case 34 12 COMPULSORY PURCHASE AND ACQUISITION OF LAND 35 12.1 General 35 12.2 Affected Properties 35 12.3 Compensation 35 12.4 Summary 35 13 OBJECTIONS SUMMARY 36 13.1 Introduction 36 13.2 General Objection Issues 36 13.3 Use of Heavy Rail Corridor for Metro with Provision for One Possible Future Track For Heavy Rail Freight Services 36 13.4 Access to properties 37 13.5 Effects of noise, vibration and dust created by the works and operation of the extension 37 13.6 Acquisition of Land 37 13.7 Site-specific objections by third parties 38 13.8 Impact of the Works and Operation of Metro on Canals and Inland Waterway users 38 APPENDIX 1 39 APPLICANT’S LIST OF DOCUMENTS 39 APPENDIX 2 46 PLANS 46 1 INTRODUCTION 1.1 On 16th April 2003 West Midlands Passenger Transport Executive (“Centro”) applied to the First Secretary of State for an order [WBHSoC079] under the Transport and Works Act 1992 (“the TWA”) to authorise an extension to the Midland Metro Line 1 from Wednesbury to Brierley Hill via Dudley town centre. Centro also submitted, on 16th April 2003, a related request for deemed planning consent [WBHSoC080] under section 90(2A) of the Town and Country Planning Act 1990, 1.2 By the expiry of the objection period on June 4th 2003 a total of 65 Objections to and 5 letters in support of, Centro’s TWA application had been submitted. A further 5 objections and 1 letter of support have been received since that date. Two of the objections received have subsequently been amended by the objectors to representations. Letters of support included one from Dudley Metropolitan Borough Council (DMBC) and one from Sandwell Metropolitan Borough Council (SMBC) and also one from Advantage West Midlands. On 1st August 2003, in accordance with the Transport and Works (Inquiries Procedure) Rules 1992 (‘the TWA Inquiries Rules’), the Secretary of State for the Environment, Transport and the Regions announced his intention to hold a public local inquiry into objections to the applications. 1.3 The TWA Inquiries Rules require Centro to provide a Statement of Case by 12th September 2003. This document is Centro’s Statement of Case and contains a summary of the case that Centro intends to make in support of its application mentioned above at the public inquiry. 1.4 Appendix 1 is a list of those documents which Centro currently intends to refer to or put in evidence at the inquiry. It is included in accordance with the TWA Inquiries Rules. These documents are available for public inspection at the locations and within the times set out in Appendix 1. Documents served on Centro in connection with the applications (for example, objectors’ statements of case) are available for inspection at the same locations. This Statement of Case can be viewed on the Centro website at www.centro.org.uk/metrotwa. Subject to payment of a reasonable charge, copies of all of these documents may be obtained from Centro. Requests for copies of documentation should be made in writing to Anna Hurton at Centro, 16 Summer Lane, Birmingham B19 3SD or by telephone at 0121 236 5339. 1.5 In this Statement of Case references to documents included in the list in Appendix 1 are in bold, e.g. [WBHSoC029] is a reference to DETR Planning Policy Guidance Note PPG 15. Page 1 of 38 2 THE APPLICATION 2.1 The Applicant - West Midlands Passenger Transport Executive - Centro 2.1.1 Centro’s primary functions are set out in section 9A of the Transport Act 1968. These provisions include power “to secure the provision of such public transport services as they consider it appropriate to secure, for meeting any public transport requirements in their area in accordance with policies formulated by the PTA”. 2.1.2 Section 20 of the Transport and Works Act 1992 provides that a body which has power to promote or oppose Bills in Parliament shall also have power to apply for or as the case may be object to Orders under sections 1 and 3 of that Act. Section 10 (1) (xxix) of the Transport Act 1968 empowers Centro to promote Bills and it therefore has power to apply for an Order relating to a railway, tramway, trolley vehicle system or other guided transport system. This power can only be exercised with the approval of the PTA. This was granted on 25 November 2002 for the present application. 2.2 West Midlands Passenger Transport Authority (PTA) 2.2.1 The PTA was established under the Transport Act 1968, as amended by the Transport Act 1985. The PTA comprises of elected members appointed by each of the District Councils within the West Midlands area. The PTA sets the policy framework within which the Executive operates and provides Centro with funding. 2.3 The Legislative Context of the Application 2.3.1 Before 1 January 1993, statutory authorisation of major light rapid transport (LRT), tram and rail projects had to be sought by the promotion of a private Bill in Parliament. Part I of the TWA provided a replacement Order making procedure for the authorisation of this type of project. 2.3.2 At the time of the application, the procedure involved applying to the First Secretary of State, now the Secretary of State for Transport, for an Order in accordance with the requirements of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 (‘the TWA Application Rules’). It also includes provision allowing a public local inquiry to be held prior to the determination of the application in accordance with the TWA Inquiries Rules. This is the procedure which governs the present application. 2.3.3 In contrast to the former parliamentary Bill procedure, the making of an Order under the TWA procedure does not itself automatically provide the grant of planning permission, for the development referred to in the Order, through the application of the Town and Country Planning (General Permitted Development) Order 1995. Instead, the procedure provides for the making of directions under Section 90 (2A) of the Town and Country Planning Act 1990 that deem planning permission to be granted. Centro has sought such a direction. Page 2 of 38 3 SCHEME OBJECTIVES AND POLICY REVIEW 3.1 Objectives of the Scheme 3.1.1 The objectives of the Wednesbury to Brierley Hill scheme are: • to provide a high quality public transport service • to improve accessibility to and within this transport corridor • to provide an alternative to private car use • to support economic, environmental and social objectives for SMBC and DMBC 3.1.2 Centro is promoting the Wednesbury to Brierley Hill scheme that extends the Midland Metro Line 1 with the approval of the PTA and with the support of its project partners DMBC and SMBC. 3.1.3 The scheme will provide a step-change improvement in the quality of public transport services offered in the transport corridor between Wednesbury, Dudley and Brierley Hill providing faster journey times and offering new journey opportunities. 3.1.4 Midland Metro Line 1 which opened in 1999 currently operates between Birmingham Snow Hill Station and Wolverhampton City Centre via Wednesbury.
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