Statement of Reasons of the Acquiring Authority
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Cornwall Council Town and Country Planning Act 1990 and Acquisition of Land Act 1981 Cornwall Council (Saints Trails - Hurlingbarrow to Chiverton Cross) Compulsory Purchase Order 2021 Statement of Reasons of the Acquiring Authority 1 1 INTRODUCTION 1.1 This is the Statement of Reasons of Cornwall Council (“the Council”) for making the Cornwall Council (Saints Trails – Hurlingbarrow to Chiverton Cross) Compulsory Purchase Order 2021 (“the Order”). This is a non-statutory statement provided in accordance with section 12 of the guidance most recently issued by the Ministry of Housing, Communities and Local Government in July 2019 on the compulsory purchase process and the Crichel Down Rules for the disposal of surplus land acquired by, or under the threat of, compulsion ("the Guidance"). 1.2 The Order is made pursuant to Section 226(1)(a) of the Town and Country Planning Act 1990 (“the 1990 Act”) and the Acquisition of Land Act 1981 for the purposes of securing land necessary for the delivery of a new multi user trail between Hurlingbarrow and Chiverton Cross (“the Project”). The Project is part of the full route to be brought forward by the Council which will run from St Agnes to Chiverton Cross, and then on to Threemilestone. The land the subject of the Order is described in section 2 below but broadly speaking is a linear route running southwards from Hurlingbarrow to Sevenmilestone and then turning south eastwards alongside the B3277 from Sevenmilestone to Chiverton Cross ("the Order Land"). 1.3 The Order Land forms a phase of one of the routes which falls under the umbrella of the ‘Saints Trails’ scheme. Under this scheme, the Council will deliver four multi user trails including links from Perranporth to Newquay (route designation WP1); St Newlyn East to Carland Cross (WP2); Trispen to Idless (WP3); and St Agnes to Threemilestone (including the Order Land) (WP5). Once completed these routes will provide 30km of trails to link housing and employment areas, connect coastal communities, provide sustainable access to key services and help address air quality and congestion – the Council having declared a climate emergency in 2019. These routes will benefit leisure users and commuters alike and improve the tourism offer for Cornwall. In particular, the delivery of the route of which the Order Land forms part will provide part of a link to the planned Langarth Garden Village and provide a high quality route for commuter cyclists from St Agnes to the hospital, schools and colleges, and other employment in Truro. 1.4 The Council granted full planning permission for St Agnes to Chiverton Cross multi user trail, of which the Project is a significant part, under reference PA20/02222 on 13 October 2020 (“the Permission”). On 18 December 2019 the Council’s Cabinet resolved to use powers of compulsory acquisition if any land or rights required for the delivery of the various routes of the Saints Trails scheme could not be acquired through negotiation. Whilst much progress has been made in securing the necessary land, the use of compulsory purchase powers is necessary to ensure that the Project can be delivered. 2 1.5 The Order has been made and will be submitted to the Secretary of State for confirmation, as it is considered that there is a compelling case in the public interest which justifies interference with the existing private rights on the Order Land. 2 DESCRIPTION OF ORDER LAND 2.1 The Order Land is a linear route beginning immediately to the south of Hurlingbarrow, heading southwards towards the B3277 at Sevenmilestone and, broadly speaking, then runs in a south/south easterly direction to the junction known as Chiverton Cross / the Chiverton Roundabout. This junction marks the meeting point of the B3277, the A390, the A3075 and the A30. 2.2 Details of the known interests and rights to be acquired are listed in the schedule to the Order ("the Schedule"). The Schedule has been prepared by the Council, with assistance from its property agents and land referencers from information gathered through Land Registry documents, formal requests for information and site inspections. The Order Land has been carefully delineated to ensure that only what is required to facilitate the Development has been included. Plots that include ‘a’ in their numbering indicate land that is needed for the construction phase (with the potential exception of plot 2a-1, which it is anticipated will only be needed for the construction phase but a small part may comprise permanent acquisition). It is hoped to negotiate temporary use of such land, but where this is not possible, absent the ability to temporarily acquire land using compulsory purchase, it has been included in the Order. 2.3 The Order Land starts off immediately to the south of Hurlingbarrow in proximity to a lane that runs southwards towards Penwinnick Road. The Order Land broadly speaking follows this lane albeit running to the east of the lane, crossing fields and following a disused path to reach the Sevenmilestone Garage and a collection of farm buildings (Albany Farm) on the B3277. 2.4 The Order Land, on reaching the B3277 at the Sevenmilestone Garage, then runs south eastwards alongside the northern side of the B3277 and follows the B3277 as it heads towards Chiverton Cross / Chiverton Roundabout, passing Tywarnhayle Farm along that route. 2.5 The land required in this section is currently verge land with some tree cover and in places the route narrows to accommodate existing oak trees; and fields. Once past the wind farm to the south east of Tywarnhayle House the land required increases beyond the route alignment only, so that new landscaping and verge can be provided together with a new crossing over the Mithian Road set back from the B3277, together with some new high friction road surfacing. 2.6 The Order Land continues alongside but slightly set back from the B3277 to reach the Chiverton Arms public house, at which point it moves to being immediately alongside the road. The Order Land carries on past the Chiverton Arms a short distance and in this location the existing 3 carriageway will be realigned to create space for the route on the Chiverton Arms side of the B3277 and a new high friction crossing to be provided over a road leading northward. The Order Land then meets the roundabout and links into existing infrastructure for pedestrians and cyclists. 2.7 It is the Council’s intention to acquire all interests in the Order Land, except for those already in the ownership of the Council. 3 THE SAINTS TRAILS SCHEME AND THE PROJECT 3.1 The Saints Trails scheme is the name given by the Council to its investment into and delivery of four new multi user trails which will provide links between Newquay, Perranporth, St Newlyn East, St Agnes and Truro. 3.2 The provision and improvement of infrastructure to promote cycling and walking is a key ambition of Government. The Department for Transport’s Cycling and Walking Investment Strategy (2017) includes on its front cover “we want to make cycling and walking the natural choices for shorter journeys, or as part of a longer journey”. The foreword to the strategy makes reference to the over £1bn of funding made available by Government to local bodies for investment in cycling and walking in the period to 2022, with £300m being committed to dedicated cycling and walking programmes in this parliament aimed towards doubling cycling activity by 2025. 3.3 The ambitions (by 2040) that the Strategy aims to deliver include: better connected communities; more high quality cycling facilities; better links to schools and workplaces; better integrated routes for those with disabilities or health conditions; better planning for walking and cycling and a wider green network or paths, routes and open spaces. These are all relevant to, and promoted by, the Project which by its nature promotes all of these matters. 3.4 In May 2020 the Department for Transport announced1 it would be making a further £2bn available for new cycling and walking schemes. 3.5 In July 2020, the Department for Transport issued its plan “Gear Change: a bold vision for cycling and walking”, with a foreword by the Prime Minister. In that foreword, the Prime Minister explains that “the joy of cycling is that doing it doesn’t just benefit you. It doesn’t just make you happier. It doesn’t just make you healthier. It helps millions of others too…It means less pollution and less noise for everyone. It means more trade for street front businesses. It means fewer cars in front of yours at the lights”. This document sets out the case for a step change in cycling and walking, detailing the significant benefits that would arise from doing so, and includes a “bold future vision of cycling and walking in England” which incorporates healthier 1 https://www.gov.uk/government/news/2-billion-package-to-create-new-era-for-cycling-and-walking 4 happier and greener communities, safer streets, convenient and accessible travel, and cycling and walking at the heart of transport decision making. 3.6 The key themes set out in the Gear Change plan including: 3.6.1 better streets for cycling and people, which encourages the separation of cyclists from traffic. 3.6.2 setting higher standards (via a new cycling design guide) for cycling infrastructure. 3.6.3 putting cycling and walking at the heart of transport place making and health policy. 3.6.4 empowering and encouraging local authorities by increasing funding, only funding schemes that meet the requisite standards, and putting firm dates on the delivery of projects.