Ref No: HT 16 (15/16) Cabinet Member for Highways and Transport Key Decision: Yes

Lyminster Bypass (north) - Approval to undertake Part I statutory processes to acquire land for scheme construction Electoral Report by Executive Director Residents’ Services Divisions: and Director of Highways and Transport & Wick and Town

Executive Summary

West County Council is promoting the delivery of the Bypass scheme, which involves the design and construction of a new bypass of the A284 Lyminster Road between Lyminster village and Toddington Nurseries to the north of Littlehampton. This scheme will form the northern section of a new 1.8km bypass of the A284 between Lyminster village and the A259 Rd to the south. The southern section (between A259 and Toddington Nurseries) is being delivered separately by developers.

The bypass will provide strategic north-south access to Littlehampton for residents and businesses by improving accessibility and connectivity to the A27 at Crossbush, while addressing congestion and journey time reliability issues caused by the level crossing at Wick. Safety benefits will also be realised by removing traffic from the existing congested route through Lyminster and Wick.

The route of the bypass has been safeguarded under Policy DEV15 of the Local Plan which was adopted in 2003 and was previously adopted by WSCC as an approved highway line in September 1992.

The total scheme cost estimate is £9.27m and is being funded as follows:

• Developer Contributions: £3.76m • Coast to Capital Local Enterprise Partnership (LEP): £3m • County Council: £2.51m

£1.372m of developer contributions has been received by WSCC and £0.525m of this amount has been spent on scheme preparation. WSCC has also spent £0.087m of its own funding on scheme preparation. £0.847m of the developer contributions is available to be spent on the scheme. However, £2.39m of the remaining developer contributions will not be received for up to 11 years due to the phasing of payments in the signed S106 agreements. Therefore, the County Council is making budgetary provision in the capital programmes for 2016/17 and 2017/18 to forward fund this element of the developer contributions. In addition to this, the County Council is also making budgetary provision in the capital programmes for 2016/17 and 2017/18 to finance a £2.42m shortfall in the scheme funding. The Coast to Capital Local Enterprise Partnership (LEP) has provisionally allocated £3m to the scheme to be spent in the 2015-2019 spending review period, which is subject to confirmation of deliverability and value for money through preparation of a business case.

The forecast reduction of journey times and other benefits contribute to the scheme achieving a benefit cost ratio of 30.4, which is very high and demonstrates the scheme is very good value for money.

Recommendations

1. That, subject to final funding approval being received from the Coast to Capital LEP, the County Council makes a Compulsory Purchase Order (CPO) under Sections 239, 240, 242, 246 and 250, of the Highways Act 1980 for the acquisition of the land and new rights within the areas shown on the attached plan No. 6006164/008 (in Appendix 1) for the purpose of constructing the Lyminster Bypass.

2. That the Director of Law Assurance and Strategy be authorised to:

• take all necessary steps to secure the making, confirmation and implementation of the CPO including the publication and service of all notices and the presentation of the Council's case at any Public Inquiry;

• acquire interests in land and new rights within the CPO either by agreements or compulsorily; and

• approve agreements with land owners setting out the terms for the withdrawal of objections to the Order, including where appropriate seeking exclusion of land or new rights from the Order.

1. Background and Context

1.1 West Sussex County Council is promoting the delivery of the Lyminster Bypass scheme, which involves the design and construction of a new bypass of the A284 Lyminster Road between Lyminster village and Toddington Nurseries to the north of Littlehampton. This scheme will form the northern section of a new 1.8km bypass of the A284 between Lyminster village and the A259 Worthing Rd to the south, bridging the railway line at Toddington. The southern section (between A259 and Toddington Nurseries) is being delivered by private developers as part of the North Littlehampton Strategic Development (See Figure 1, Site Location Plan). This section of the bypass is currently at the preliminary design stage and is due to be completed by the time the 350th house is sold.

1.2 The bypass seeks to provide strategic north-south access to Littlehampton for residents and businesses by improving accessibility and connectivity to the A27. It also addresses congestion and journey time reliability issues caused by the level crossing gate down time at Wick by providing an alternative route which is not hindered by the level crossing. Safety benefits will also be realised by removing traffic from the existing congested route through Lyminster and Wick. Both the Arun Local Plan and the West Sussex Transport Plan include an aspiration to deliver improvements in strategic transport access between Littlehampton and the A27 to support regeneration of Littlehampton and .

1.3 The route of the bypass has been safeguarded under Policy DEV15 of the Arun District Local Plan 2003. The route was previously adopted by WSCC as an approved highway line in September 1992 and included in the West Sussex Structure Plan 2001/2016, which was the keystone of the statutory Development Plan for West Sussex under a previous planning system. Though the Structure Plan has no formal status in the current planning system, it remains a strategic policy statement for future development. The plan provides strategic context for WSCC’s views on land use and transport.

1.4 Following completion of preliminary designs, Environmental Impact Assessment (EIA) and Business Case development for the scheme in October 2014, the Cabinet Member approved the decision, HT16 (2014/15) of November 2014, which authorised officers to:

• submit a funding bid to the LEP, • make a planning application for the scheme, • initiate the necessary procedures for the acquisition of land required for the scheme.

2 Consultation

The following are the key stakeholders who have been consulted to date:

2.1 Members

• North Littlehampton Members Steering Group – Membership comprises the local County Councillors, Arun District Councillors and Littlehampton Town Councillors. It is chaired by Arun District Council’s Cabinet Member for Planning and Infrastructure. Members have been consulted on an on-going basis since the inception of the scheme and they support the proposals.

• Joint Downland Area Committee - covers the villages of Clymping, Findon, Clapham, and the Arundel Area and consists of 4 County Councillors, 6 District Councillors and 20 Town/Parish Council representatives. The Committee is regularly provided with updates on the scheme.

• Lyminster and Crossbush Parish Council – Broadly supportive of the scheme, but have some concern about lack of relief to some residential properties on A284 to the north of the bypass tie-in to the existing A284 and impact on congestion at the A284/A27 Crossbush junction.

2.2 External

• Highways (HE) – Responsible for operation and maintenance of the A27 and the A284/A27 Crossbush junction and there is a clear interaction between the operation of the A27 at Crossbush and the A284 Lyminster Bypass, so support from the HE is crucial. Dialogue has been maintained with the HE regarding the status of the bypass assessment and proposed improvements at Crossbush. The Department for Transport (DfT) has undertaken an A27 Corridor Feasibility Study considering options to address long- standing congestion issues at Arundel, Worthing and Lancing among others. As a follow up to this study, the Government announced investment worth around £350 million as part of the Road Investment Strategy in December 2014. The recommendations for Arundel include the proposal for a new dual carriageway bypass to link together the two existing dual carriageway sections of the road. The starting point will be the previous preferred route and will be subject to consultation with the National Park Authority, local government and the public on this and alternative options. The HE had previously identified two options for improvements to the A284/A27 Crossbush junction which could come forward in the future as a short-term measure (if necessary), to cater for additional traffic rerouting via the A284 Lyminster Bypass.

• Coast to Capital LEP –Supports the scheme and is responsible for delivering economic growth and job creation in areas including West Sussex and administering the spending of local growth funding allocated by central Government.

• Arun District Council – Local Authority for the district in which the proposed Lyminster Bypass is located. Supports the scheme, as the bypass will improve quality of life for Lyminster residents, facilitate delivery of the North Littlehampton Strategic Development site (SDL) and reduce journey times into the district.

• Persimmon Homes - Private developer delivering the housing at North Littlehampton SDL. Consent has been granted for proposals, but full bypass is required to deliver full complement of housing.

• Burton Property – Private developer delivering the commercial parts of the North Littlehampton SDL for landowner, Greencore, pending sale to a commercial property developer. Has advised that delivery of the full bypass will support the viability of the commercial development.

• Network Rail – Affected due to change of traffic flows at Wick level crossing, with the potential to close it to improve safety and reduce maintenance costs. They have expressed support for the scheme in principle. However they do not wish to consider the closure of Wick Level Crossing at this time and would like to revisit the issue in future when the West Coastway rail line is re-signalled.

• Environment Agency – Responsible for maintenance of Black Ditch, which is bridged by the proposed Bypass. They have been involved in technical review and approval of the flood modelling for the scheme.

• Affected landowners (8 no) – All eight affected landowners have been consulted directly and are broadly supportive of the scheme. Three of the landowners have indicated that they would be happy to proceed with the acquisition of the land through negotiation rather than CPO.

• English Heritage – Initial consultation has been undertaken as part of the scoping exercise for the EIA to confirm and agree the scope of the archaeological and historic environment assessment. This consultation informed the identification of sensitive receptors (listed buildings and archaeological potential of the site) and assessment of potential effects.

• Natural England- Have noted that the proposals fall within the setting of the South Downs National Park and expect WSCC to seek the view of the South Downs National Park Authority (SDNPA). They consider that SDNPA’s knowledge of the location and wider landscape setting of the development should help to confirm whether or not it would impact significantly on the purposes of the National Park designation. They will also be able to advise whether the development accords with the aims and policies set out in the National Park management plan.

2.3 Public

The County Council’s Statement of Community Involvement (SCI) obligates scheme promoters to consult with communities prior to submitting planning applications. To this end a comprehensive public consultation was conducted in September 2014 to engage with stakeholders, local residents and other affected parties. Details of the consultation and its outcome have been reported in Executive Decision HT16 (2014/15) of November 2014.

2.4 Internal

Technical advice has been sought from West Sussex County Council staff on Planning, Environment & Heritage, Highways and Transport, Legal, Property and Finance issues in the course of developing the scheme’s Environmental Statement, preliminary design and business case.

3. Proposal

3.1 The key problem that the Lyminster Bypass scheme seeks to address is one of inadequate access to Littlehampton from the national Strategic Road Network (SRN). The existing A284 is characterised by a congested, narrow and slow route into the town centre, employment areas and the A259 from the A27 at Crossbush, with a railway level crossing at Wick on Lyminster Road. This leads to delays and traffic jams, causing unreliable journey times, notably at the level crossing and at the junction with the A259.

3.2 The proposed Lyminster Bypass will support the growth of one of the underperforming areas of the West Sussex economy and is necessary for investment in Littlehampton so as not to constrain growth. It is necessary to achieve the full benefits from housing development and job creation in the North of Littlehampton SDL.

3.3 The objectives of the proposed scheme align with the vision and objectives set out in the Coast to Capital Strategic Economic Plan which seeks to create the right conditions for growth, jobs and investment. In addition, the proposed bypass will support local objectives within the draft Arun Local Plan (Policy SP21) to strengthen the north-south links between Littlehampton and A27. It also supports an aim in the West Sussex Transport Plan for the delivery of the Lyminster Bypass in Arun. It will support economic growth, create safer roads, move towards climate change resilience and provide access to housing, employment and services.

Planning Permission

3.4 Under the Town and Country Planning General Regulations 1992, local authorities must apply for planning permission for their own development proposals, including local road schemes. Such applications must follow the same publicity procedures as would apply to any planning application; and where they affect existing or proposed highways, they should be notified to the Secretary of State.

3.5 The Cabinet Member authorised the Executive Director, Residents’ Services to make a planning application for the scheme per decision HT16 (2014/15) of November 2014. To this end, the Executive Director, Residents’ Services submitted a planning application for the A284 Lyminster Bypass (north) scheme to West Sussex County Council (Strategic Planning) in June 2015. The application has been validated, consulted upon and will go to Committee following receipt of all consultation responses.

3.6 Consultation responses to the planning application have been received from the following statutory consultees:

Parish (PC) /District Councils (DC) • Arun DC • Lyminster and Crossbush PC • Littlehampton Town Council • Arundel Town Council

West Sussex County Council • WSCC Archaeology • WSCC Highways • WSCC Public Rights of Way

Other Organisations • Highways England • Southern Water • Environment Agency • Natural England

In addition to the above, responses have been received from 10 individuals who are mostly Lyminster residents.

Compulsory Purchase Orders

3.7 Compulsory Purchase Orders confer authority to acquire land and create new rights over land on a compulsory basis for highway purposes under the Highways Act 1980. The procedure involves advertising of orders, serving notice on persons with statutory interests and submitting the orders to the Secretary of State for Transport for confirmation using powers set out in the Highways Act 1980.

3.8 The CPO process is necessary to ensure that all the land needed is available by the time construction commences and is not subjected to protracted negotiations. It will also allow any residual interests in land required for the scheme to be resolved. However, efforts will be made during the CPO process to acquire land by negotiation and agreement where practicable.

3.9 The drawings numbered 6006164/008 (in Appendix 1) show the land required for the purposes of construction and use in connection with the new highway and private accesses and mitigation under the scheme. The total land area is approximately 9.05Ha, which is made up as follows:

• 4.61Ha (approx.) of land shown coloured pink to be acquired and used for the proposed highway scheme • 4.44Ha (approx.) of land shown coloured blue for which rights need to be acquired.

3.10 The CPO procedure makes provision for the submission of objections to the Secretary of State for Transport. Efforts would be made to resolve all objections by negotiation. However failure to resolve any statutory objections could result in the Secretary of State appointing an Independent Inspector to examine the merits of the objections and make recommendations at public inquiry which will then serve as a basis for a decision by the Secretary of State to either confirm (with or without modification) or reject the CPO. 3.11 A Notice was served on all eight landowners pursuant to Section 5A of the Acquisition of Land Act 1981, which required each of them to provide information about their own interest and those of any others identified in drawings accompanying the Notice.

3.12 Responses were received from all eight land owners confirming their interest in the land. Subsequently, the County Council wrote to confirm to each of the landowners that although it intends to make a CPO, wherever possible, it would prefer to proceed to acquire that land by agreement. To this end, the landowners were asked to advise if they would like to enter into negotiations with the County Council with a view to trying to reach terms for the sale of the land, thus avoiding the need for it to be compulsorily acquired.

3.13 Three of the landowners have responded to advise that they would like to enter into negotiations with the County Council with a view to trying to reach terms for the sale of their land.

3.14 It is now proposed that the Director of Law Assurance and Strategy be authorised to undertake the necessary procedures for the acquisition of land required for the scheme as shown in drawing nos. 6006164/008 by the use of Compulsory Purchase Orders if/where required and subject to final funding approval being received from the Coast to Capital LEP.

4 Other Options considered

4.1 Compulsory purchase powers are provided to enable acquiring authorities to compulsorily purchase land to carry out a function which Parliament has decided is in the public interest. Anyone who has land acquired is generally entitled to compensation.

4.2 The acquiring authority does not have the powers to compulsorily acquire land until the appropriate Government Minister confirms the CPO. However, the option of acquiring the required land by agreement has been explored with all eight landowners and positive responses received from three. Negotiations will nevertheless continue with all affected landowners.

5. Resource Implications and Value for Money

5.1 The results of the economic assessment show that the total scheme benefits are substantial, with a Benefit Cost Ratio of 30.4. This means that over a period of time the value of monetised benefits from journey time and other benefits outweighs the cost of the scheme by a factor of 30.4 to 1. The business case has been developed on the basis that the Wick level crossing will stay opened.

5.2 The total scheme cost is expected to be £9.27m, of which a total of £0.61m has been spent on scheme preparation. The total scheme cost (net of scheme preparation costs) is £8.66m of which £3.24m is expected to come from legally agreed S106 contributions. £3m is sought from Coast to Capital LEP, with the remaining £2.42m being funded by WSCC. The estimate includes the cost of the remaining scheme preparation, construction and land acquisition as well as inflation, risk and optimism bias.

5.3 £0.847m of the S106 funding (net of what has already been spent on scheme preparation) has been received and is available to be spent on the scheme. Legal agreements are in place to recover the remaining £2.39m of S.106 funding from the developers, which will be due once the ‘triggers’ in the payment mechanism have been reached. However, in order to ensure timely delivery of the scheme, WSCC has decided to provide forward funding for the remaining £2.39m S106 contributions and this is included in the Council’s Capital Programme approved by the County Council on 30th October 2015. It is expected that the £2.39m when received will be used to reduce the £4.8m borrowing.

Financial Cost S106 LEP (LGF) WSCC Year 2015-16 £580,776 £650,000 -£69,224 2016-17 £4,325,683 £847,000 £545,000 £2,933,683 2017-18 £3,754,839 1,805,000 £1,949,339 TOTAL £8,661,298 £847,000 3,000,000 £4,813,798

5.4 The table below shows the anticipated key milestone dates for the scheme.

Milestone Date

Consents Obtain Planning Permission for Scheme Feb 2016 Confirmation of LEP Funding Submit Business Case to LEP Dec 2015 LEP Funding confirmed March 2016 Design and Build Procurement Appoint Design and Build Contractor Dec 2015 Land Acquisition Obtain Executive Approval to undertake land Dec 2015 acquisition Publish Orders Feb 2016 Sec of State Announces Public Inquiry (Relevant Date) June 2016 Public Inquiry (PI) Sept 2016 CPO confirmed Feb 2017 Detailed Design Start Detailed Design Jan 2016 Complete Detailed Design June 2016 Confirm Target Price July 2016 Construction Start Construction May 2017 Scheme open to Traffic August 2018

It should be noted that these are the anticipated timescales. The CPO process and Public Inquiry could well take a longer period of time. The programme will be closely monitored as the project progresses.

6. Impact of the proposal

6.1 It is a key objective of the proposed scheme to complete a bypass that will provide a direct link between Littlehampton town centre and the A27 at Crossbush and thus provide all motorists with a shorter and less congested route with reduced journey times.

Another key objective of the scheme is to improve local road safety. Consequently, an analysis of accident records has been carried out as part of the economic appraisal of the scheme, using accident records for the 5- year period from 2009 to 2013. The result of the analysis shows that the proposed scheme will generate just under £5m worth of safety benefits arising from a reduction in accidents and casualties.

A number of environmental surveys have been undertaken to inform the Environmental Impact Assessment (EIA) for the scheme. These have included ecology surveys, ground conditions surveys and monitoring, landscape and visual survey, archaeology walkover and flood surveys. On these bases, the non-statutory Environmental Statement has concluded that it is not anticipated that there will be significant adverse environmental effects associated with the proposed bypass which would be prohibitive or insurmountable and appropriate mitigation measures have been recommended which will inform the further development of the scheme.

6.2 Crime and Disorder Act Implications

a) Officers have sought the views of the Police in relation to crime and disorder implications of the scheme. The Police have confirmed that the Crime & Disorder Act (CDA) implications of the scheme be broken down into three phases, namely the Planning Application Phase, the Construction Phase and the Post-Implementation Phase.

b) The main CDA problems may come at the construction phase when there may be some protests/demonstrations, which could involve civil disobedience. The Police have advised that there is no specific intelligence, at this time, to support that stance. However, the Police will be monitoring to assess whether the threat or risk changes.

c) County Council Officers do not consider that the CDA implications arising out of the Construction Phase and the Post-Implementation Phase should preclude the scheme going ahead as the expected road traffic safety benefits from the scheme far exceed the CDA implications. The Construction Phase will be monitored by Officers to deal with any CDA issues that may arise.

6.3 Human Rights

The rights of residents and businesses whose lands are required for scheme implementation as well as those living near to the proposed A284 Lyminster Bypass have been considered. The concerns of officers and the policy objective to improve connectivity between the A27 at Crossbush and Littlehampton and to reduce journey times as well as road traffic related casualties have been set against the rights set out in the Human Rights Act, in particular the right to respect for private and family life and protection of property. There will be an opportunity for residents to claim compensation for the adverse effects of the scheme on their properties at a later date. Taking these points into consideration it is considered that the implementation of the A284 Lyminster Bypass is still justified.

6.4 Social Value

The proposed bypass will cross an existing bridleway (BW2163). It is proposed to provide appropriate signage, temporary closures and diversion routes for affected users of the bridleway during construction. It is also proposed that a signalised crossing facility will be provided at the crossing point.

The proposed scheme also aims to provide a shared use path throughout its length. This will have a positive impact on non-motorised users including the disabled who will be afforded better access to services without necessarily having to use vehicular transport. In addition, the existing A284 Lyminster Road is also expected to become quieter when the proposed bypass is open to traffic, which should encourage its use by disabled non-motorised users and mothers with buggies.

Overall, the proposed scheme is expected to have a positive impact for the disabled, the elderly and mothers.

7. Risk Management Implications

There are a number of potential risks which are discussed in the table below:

Risk Description of Risk Likelihood Mitigation Ref 1. The LEP does not confirm Low There is very little WSCC can do funding for the scheme to stop this risk from occurring. because of a reduction in However, the development of its capital funding. the scheme in stages will ensure that the impact is minimised should the risk materialise. 2 The scheme is refused Low Both seem unlikely considering planning permission or the very high benefit to cost called in by the Secretary ratio and the modest impact on of State the local environment. Sufficient flexibility has been allowed in the scheme programme to deal with any planning appeals and any potential planning inquiry. 3 Unknown residual Low Use of Compulsory Purchase interests in the land Orders will overcome these Risk Description of Risk Likelihood Mitigation Ref required for the scheme issues. and the potential for negotiations with landowners to become protracted 4 WSCC unable to resolve Med Make allowance in scheme objections to CPO/SRO programme for the full CPO through negotiations process including Public Inquiry resulting in potential and Secretary of State decisions. impacts on cost and Maintain on-going dialogue with programme landowners. 5 Secretary of State does Low Ensure that the CPO meets the not confirm Orders requirements of the Government Office. Allow time in scheme programme to address issues raised by Secretary of State. 6 Protests Med Continue dialogues with key stakeholders and potential protest groups and maintain a strong community liaison strategy.

Bernadette Marjoram Nicola Debnam Executive Director of Residents’ Services Director of Highways and Transport

Contact: Daniel Dei - Project Manager (tel.:03302226327)

Appendices

Appendix 1 - Scheme Plans:

• Drawing 1045/GA/001- General Arrangement Plan Sheet 1 of 2 • Drawing 1045/GA/002- General Arrangement Plan Sheet 2 of 2 • Drawing 1045/SD/101 –Standard Details • Drawing 6006164/008A–Land Acquisition Overview • Figure 2.1-Lyminster Bypass Site Location Plan

Appendix 2 - Lyminster Bypass- Equalities Impact Report

Appendix 2 Equality Impact Report

Title of proposal A284 Lyminster Bypass Scheme

Date of February 2016 to May 2018 implementation Name: Daniel Dei EIR completed by: Tel: 03302226327

1. Decide whether this report is needed and, if so, describe how you have assessed the impact of the proposal. This report is needed because the proposed Lyminster Bypass scheme is expected to have a positive impact for the disabled, the elderly and mothers as discussed below

2. Describe any negative impact for customers or residents. The proposed A284 Lyminster Bypass scheme is not expected to have any negative impacts on people due to their:

Age Disability Gender Reassignment Race Pregnancy/maternity Marriage/civil partnership Sex Religion or belief Sexual orientation

3. Describe any positive effects which may offset any negative impact. The objective for the proposed scheme is to build a bypass that will provide a direct link between Littlehampton town centre and the A27 at Crossbush and thus provide all motorists with a shorter and less congested route with reduced journey times. In addition, the proposed scheme aims to provide a shared use path throughout its length. The existing A284 Lyminster Road is also expected to become quieter when the proposed bypass is open to traffic, which should encourage its use by disabled non-motorised users and mothers with buggies. These will have a positive impact on non-motorised users including the disabled who will be afforded better access to services without necessarily having to use vehicular transport. 4. Describe whether and how the proposal helps to eliminate discrimination, harassment and victimisation. N/A

5. Describe whether and how the proposal helps to advance equality of opportunity between people who share a protected characteristic and those who do not. N/A

6. Describe whether and how the proposal helps to foster good relations between persons who share a protected characteristic and those who do not. The existing A284 Lyminster Road is expected to become quieter when the proposed bypass is open to traffic, which would reduce severance experienced by communities along the route, especially for the aged. 7. What changes were made to the proposal as a result? If none, explain why. N/A

8. Explain how the impact will be monitored to make sure it continues to meet the equality duty owed to customers and say who will be responsible for this. Following the completion of the A284 Lyminster Bypass scheme, non-motorised user counts will be undertaken periodically along the shared use path and the retained section of the existing A284 to monitor uptake of their use by people with disability and mothers with buggies.

To be signed by a Director or Head of Service to confirm that they have read and approved the content.

Name Nicola Debnam Date 18/12/15

Your position Director of Highways and Transport