Sedgemoor District Council ( Energy Park Link Road) Compulsory Purchase Order 2018

Council's Statement of Reasons for making the Compulsory Purchase Order

1. INTRODUCTION

1.1 By resolution of its Executive dated 25 April 2018 District Council (Council) decided to delegate authority to the Group Manager, Strategy and Development (now referred to as Assistant Director for Inward Investment and Growth), in conjunction with the Leader, Chief Executive, Corporate Director and the Monitoring Officer to make the Sedgemoor District Council (Huntspill Energy Park Link Road) Compulsory Purchase Order 2018 (the Order).

1.2 The purpose of the Order is to facilitate the appropriate redevelopment of the former Royal Ordnance Factory site to the north of Woolavington Road at to allow it to achieve the ambitions of the approved development plan, the existing Core Strategy and Proposed Submission Local Plan including Inspector’s Main Modifications as published on 28 August 2018, and the parties promoting its status as an Enterprise Zone (EZ). The Order is required in order to allow a new link road that will provide a village bypass and facilitate the redevelopment and improvement of the former Royal Ordnance Factory site, Puriton. The site is to be known as the Huntspill Energy Park and in this Statement of Reasons is referred to as the HEP Site.

1.3 A hybrid application comprising, outline planning permission for the scheme with detailed consent for the link road and a limited amount of floorspace, was granted on 28 November 2017 for development of the HEP Site. The HEP Site is owned by Salamanca Group Topaz Limited (SGTL) who wish to take forward development of the HEP Site consistent with the EZ status of the HEP Site, the development plan, supplementary planning document for the HEP Site and the planning consent. Development of the HEP Site is referred to in this statement of reasons as the HEP Project. The HEP Project and the development of the new link road to which the Order relates are collectively referred to as the Scheme for the purposes of this Statement of Reasons.

1.4 Because of the Council's policy backing for the HEP Site, the planning consent and its EZ Status supported by the Heart of the South West Local Enterprise Partnership (HotSW LEP) and the Ministry for Housing, Communities and Local Government (formerly the Department for Communities and Local Government (DCLG)), together with the willingness of SGTL to work with the Council to progress the EZ being developed, it is believed that a compelling case in the public interest exists for the Council to use its powers of compulsory purchase, alongside the continuing negotiations being progressed through private treaty with holders of interests in the land required for the Huntspill Link Road.

1.5 The Council is satisfied that it has, through SGTL, the funds available to deal with the payment of statutory compensation. It is also satisfied that redevelopment of the HEP Site is viable and that there is a reasonable prospect of funding for the Scheme becoming available in a reasonable timeframe aligned to the Implementation Plan submitted to the DCLG from which the HEP Site was included as a designated area under The Non-Domestic Rating (Designated Areas etc.) Regulations 2017.

1.6 Apart from confirmation of the Order, and the securing of traffic regulation orders, diversion of rights of way and environmental permits as discussed below there are no anticipated impediments to the implementation of the Scheme.

1.7 The Order Lands are shown edged red and shaded pink, numbered 1- 26, on the Order Map, a copy of which is to be found at Appendix 1 to this Statement of Reasons. The Order Land coloured pink identifies land of which the freehold needs to be acquired for the construction, operation and maintenance of the Huntspill Link Road.

AC_152103089_2 1 2. BACKGROUND TO THE ORDER

2.1 The Order has been made to support the proposed redevelopment of the HEP Site.

2.2 Development of the HEP Site is supported by the HotSW LEP. Since 1 April 2017 the HEP Site has held EZ Status. It is appropriate that delivery of the objectives of the EZ can be realised within a reasonable timeframe. The EZ designation for the HEP Site became live on 1 April 2017 and will last for 25 years until 2042.

2.3 The Order Lands form the areas required for the new road (Huntspill Link Road) to connect the HEP Site to the A39 Classified Road at Puriton Hill, avoiding the need for traffic to pass through the village of Puriton when accessing the HEP Site from junction 23 of the M5. The Huntspill Link Road will, when constructed, become adopted highway maintainable at the public expense, subject to SGTL and the County Council having first entered in to an agreement under Sections 38 and 278 of the Highways Act 1980 for the construction and adoption of the Huntspill Link Road.

2.4 Because of the Council's development plan and wider policy backing for the HEP Site and its EZ Status supported by the HotSW LEP and the DCLG, together with the willingness of SGTL to work with the Council to progress the EZ being developed, it is believed that a compelling case in the public interest exists for the Council to use its powers of compulsory purchase, alongside the continuing negotiations being progressed through private treaty with holders of interests in the land required for the Huntspill Link Road.

3. THE COUNCIL'S ASPIRATIONS FOR THE HEP SITE AND REASONS FOR PROMOTING THE ORDER

3.1 Securing and achieving delivery of the HEP Site is a critical part of the Council's Corporate Strategy and approach to growth. In order to realise the Council's aspirations for the HEP Site within a reasonable timeframe and to deliver the benefits of the EZ and the Council's commitments set out in a Memorandum of Understanding dated 30 September 2016 between the Council, (SCC), the HotSW LEP and DCLG, and the Implementation Plan dated March 2017 relating to the EZ, the Council needs to promote the Order to acquire all the necessary interests in the Order Land in a timely manner.

3.2 The ambitions for the HEP Site are an integral element of the approved Core Strategy and further details are included in the Supplementary Planning Document and Proposed Submission Local Plan including Inspector’s Main Modifications. The HEP Site is also linked into the ambitions established in the Vision and Economic Development Strategy as well as being an integral element of the HotSW LEP Productivity Plan and emerging Local Industrial Strategy.

3.3 The HEP Project will be the South West’s largest single commercial development excluding the Hinkley Point C Generating Station (HPC), bringing forward a substantial amount of new employment floorspace. The HEP Site in total accounts for some 257 hectares (635 acres) of which around two thirds constitutes brownfield and this has informed the HEP Site’s allocation and subsequent planning consent for 90 hectares (222 acres) of employment land. Its delivery will be a clear and substantive example of the Council’s long-term commitment to securing higher level economic led growth and the district’s leading role in the Somerset and wider South West economy, showcasing delivery as part of the UK’s Industrial Strategy.

3.4 When fully developed, the HEP Site will be one of the South West’s largest commercial locations, with around 4,000 employees on site and home to around 50-150 businesses. The additional output generated by the HEP Site will effectively double Sedgemoor’s current economic growth rate over a 25-year period, with around £1.5bn of additional benefit generated for the locality.

3.5 It will provide significant additional growth space for existing businesses and broaden the Council's offer to inward investors on an international level. The focus on low carbon energy and nuclear also offers a higher value capability than currently available for manufacturers and other

AC_152103089_2 2 users in this part of the South West, with the Energy Park offering a strong location for such activity given its brownfield status and relative natural shielding from the surrounding area. The scale of the HEP Site offers opportunities to host some of the Hinkley supply chain and temporarily capture a positive legacy for some businesses to remain locally as well as leverage new inward investment centred on energy and clean growth.

3.6 The HEP Site is due to generate around £126m of retained business rates growth funding over a 25-year period from 1 April 2017. Received sums will be directed firstly towards the development of the Enterprise Zone and thereafter towards the Enterprise Zone Investment Programme, followed by the LEP’s other identified growth priorities. The LEP partners have agreed that remaining revenues generated by the HEP Site will be split for growth related activity between the Council, SCC and the HotSW LEP in the percentage ratios 40:20:40.

3.7 It has been acknowledged throughout the HEP Site’s allocation and consenting processes that the full potential of the HEP Site would not be realised without the implementation of a comprehensive transport solution to address site access and to overcome strategic and local highway network capacity and safety issues. The existing road network through the villages of Puriton and Woolavington has long been recognised as extremely constrained in respect of capacity, geometry and local highway safety issues. The provision of the Huntspill Link Road will provide an appropriate access to the HEP Site to accommodate the further traffic movements associated with the development of the HEP Site and help alleviate the deficiencies of the existing highway network between the villages. Furthermore the provision of the Huntspill Link Road will allow for village enhancements to be formed through traffic calming and environmental improvement measures in Puriton and Woolavington as through-traffic is removed from the village centres. The need and priority for the Huntspill Link Road is being endorsed by the HotSW LEP Local Transport Board which has confirmed £3.94m Growth Deal 3 funds which must be expended by 2021.

3.8 The HEP Site will become publicly accessible with enhanced facilities and services that will be accessible to or will support, the local community.

3.9 Job prospects within Puriton, Woolavington and across the region will be enhanced and local facilities and services, such as shops and pubs, may become more resilient and viable through increased use.

Enterprise Zone Status of HEP

3.10 The HEP Project is formally designated and is live in implementation. The HEP Project forms part of the multi-site HotSW EZ which was formerly activated in April 2017. The EZ status covers the 257 hectare (635 acre) HEP Site in its entirety, with planning consent granted to develop out 90 hectares (222 acres) for commercial use.

3.11 The HEP Project offers the potential to optimise the economic potential of the construction of HPC but is not solely predicated on these related opportunities being realised. Through the EZ status, SGTL and the Council will be seeking to harness related investment and innovation capacity to accelerate local economic and productivity performance, with a strong focus on specialisation across the energy, environmental technology, high value engineering and digital sectors. Opportunities also exist to support and complement other national infrastructure projects, including for example, the expansion of Bristol and Heathrow airports. The approach aligns with both the vision of driving forward economic growth and productivity improvement within the South West, and the Government's wider Industrial Strategy ambitions and objectives around national supply chain development, innovation and sectoral specialisation.

Access to HEP

3.12 Access to the HEP Site from the M5 currently relies on a rural highway network through Puriton and Woolavington villages. Although the HEP Site has a strategic context given the relationship with Bridgwater and its wider accessibility to national routes, it also has an important local context due to its proximity to the local communities and its countryside location.

AC_152103089_2 3 3.13 The Huntspill Link Road represents essential infrastructure for the delivery of the HEP Site and will facilitate the improvement of the highway network by providing a direct link to the HEP Site away from the village of Puriton in the form of a village bypass, bringing forward significant environmental (as well as economic and social) benefits. The Huntspill Link Road will enable the development of the HEP Site which will support low carbon and renewable energy supply chain jobs. It will also provide benefits in removing through-traffic from Puriton and Woolavington villages, which both have substandard highway geometry, on street parking and also traffic calming. The Huntspill Link Road provides the opportunity for the most appropriate access to the HEP Project and improve strategic accessibility and road safety on the A39, as well as through Puriton.

Options Considered

3.14 Whilst the principle of development as a strategic employment site is clearly established in the planning policy framework, neither the Council's Core Strategy nor the Puriton Energy Park Supplementary Planning Document (SPD) specified the appropriate location for a new access road into the site. The SPD acknowledges that the HEP Site requires a comprehensive transport solution to address site access and overcome the existing strategic and local highway access, capacity and safety issues. The SPD required that any proposal for the redevelopment of the site would have to assess alternative road options, their impacts and potential mitigation measures as part of the planning application.

3.15 The then landowner, BAE Systems, as part of its planning application submitted a Road Options Report. This sets out an assessment of seven options including the route that forms the basis of the Order.

3.16 The assessment considered the following routes:

• Option 1 - South East of the site to the A39 • Option 2 - South West of the site to the A39 • Option 3 - West from the site to a new motorway junction • Option 4 - North from the site across the Huntspill River to Withy Road • Option 5 - West across the M5/Railway to the A38 • Option 6 - East from the site to the B3141 (Causeway) • Option 7 - South to the A39.

3.17 The assessment included design work for each option to an outline level in accordance with the Design Manual for Roads and Bridges (DMRB) and used a consistent design including standard carriageway widths etc. It also included cost estimations. The report recommended Option 2 (South west of the HEP Site to the A39) as the preferred route. This option is the route that formed the basis of the detailed application that secured consent and now forms the basis of the Order.

3.18 The principal reasons for the choice of this route alignment were that:

• it presents the shortest and most direct route between the M5 and the Energy Park; • it offers the opportunity to significantly improve road safety on the A39 through the construction of a new roundabout, providing a main junction to/from Puriton and allowing closure/downgrading of more minor junctions; • it provides the opportunity to integrate public transport and cycling strategies with wider proposals on the A38 corridor, including Park and Ride at Dunball; • it enables the removal of unnecessary traffic from Puriton and to introduce streetscape improvements and traffic management measures within the village; • it will have the lowest impact on air quality and the ecology of the surrounding areas; • it carries minimal flood risk; and • it is the most cost-efficient option to construct.

3.19 The access route has been the subject of a significant amount of engagement with local residents who have been concerned with the adequacy of the existing rural road network. The community accepts a new strategic access is required, and some members of the community

AC_152103089_2 4 have concerns about a new road to the south and east of existing residential properties in Puriton. This was the key matter expressed by those making representations to the planning application. As a result specific mitigation was secured through the section 106 agreement to address concerns.

3.20 Option 2 has been tested as part of the Transport Assessment and Supplementary Transport Assessment submitted as part of the planning application. The modelling underpinning these reports is based on the delivery of a route in accordance with Option 2. The supporting conclusions within those documents as well as the Local Highway Authority and Highways 's assessment of the application, are based on the delivery of that option. The conclusions that have been drawn by the Local Highway Authority in the response to the planning application indicate that there is a need for mitigation on the local network at a number of locations. Therefore, if an alternate route were to be promoted, it would be necessary to reconsider the modelling in terms of trip distribution on the highway network as well as any associated mitigation.

3.21 To assist stakeholders and members in understanding the likely challenges of alternative routes the Highways Officer provided additional commentary on the likely impacts of two alternative routes put forward by residents:

• Option 5 (a or b) — A38 Down End into the west of HEP Site • Option 7 —South to the A39 (behind BIBIC)

3.22 Both of these options were considered by the Local Highway Authority but on the basis of significant visual, environmental and gradient geometry challenges, the proposed route for the Huntspill Link Road which is supported by the Order remained the preferred option.

Highways justifications for the Order

3.23 Somerset County Council (SCC) has identified prevailing issues with highway capacity in Puriton village due to geometry, as well as safety issues identified in and between the villages. The proposed Huntspill Link Road between the A39 and the HEP Site is considered an acceptable solution by the Local Highway Authority. The proposed Huntspill Link Road (with roundabouts) and the associated measures at the junctions of Hall Road with the A39; and Hillside with the A39 will address existing highway safety issues and accident cluster sites.

3.24 The proposed Huntspill Link Road is considered by SCC to be acceptable in terms of its alignment and layout but requires further dialogue before technical approval can be given. The technical safety audit process is at an advanced stage and it is due for completion by October 2018. The roundabout on the Woolavington Road is considered acceptable in principle, as is the proposed junction on the A39. The modelling shows sufficient capacity to accommodate all existing network traffic.

3.25 The proposed A39 roundabout will be located in close proximity to the existing junction of Puriton Hill (old road) with the A39. This proposed roundabout will accommodate all movements into and out of the village, as well as onto the access road. The works will also facilitate an amended access to the existing dwellings that front the A39 Puriton Hill, albeit not direct from the roundabout. To complement the proposed roundabout, it is proposed to introduce restrictions at the Hall Road/A39 junction, such that it allows `entry only' for vehicles travelling from the west (M5 J23). This will help to prevent the frequent `shunt' accidents that currently occur at this identified accident cluster site.

3.26 Additionally, it is proposed to close the Hillside/A39 junction to traffic. This has also been an accident cluster site historically, and it is anticipated that accidents associated with Hillside will cease when it is no longer in use. Those wishing to gain access to either side of Hillside (which will be dissected by the Huntspill Link Road), can do so from the proposed access road via purpose built junctions. There will also be measures put in place to assist access into the rear service lane which currently gains access at the brow of the hill. All of these works are secured within the section 106 agreement and will be delivered in accordance with a separate agreement

AC_152103089_2 5 under sections 38 and 278 of the Highways Act 1980, with a requirement that the works are delivered prior to the commencement of development on the HEP Site.

3.27 Whilst therefore the Order is promoted by the Local Planning Authority on the basis of the beneficial economic, social and environmental contributions the consented development will facilitate for the well-being of the area, there are sound highway reasons for the Huntspill Link Road and the principle is supported by the Local Highway Authority. This has also been endorsed by the LEP who have independently scrutinised the business case and have confirmed their support for the Scheme's implementation.

4. THE COMPULSORY PURCHASE POWERS

4.1 The Council has made the Order under its powers under Sections 226(1)(a) and 226(3)(a) of the Town and Country Planning Act 1990 (the Act) to acquire land compulsorily if it considers that the acquisition will facilitate the carrying out of development, redevelopment or improvement of the Site.

4.2 Under Section 226(1A) of the Town and Country Planning Act 1990, such powers may only be exercised by the Council if the Council considers that such development, re-development or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the area. As is set out in this Statement of Reasons, the Council is satisfied that such planning advantage will accrue if the Order is confirmed and the Council is able to complete the process of land assembly for the Site.

4.3 As well as having powers of compulsory purchase the Council will be able to utilise its powers under s 203 of the Housing and Planning Act 2016 to "cleanse" the title of land that comes in its ownership, if for example any rights of way or restrictive covenants exist that might thwart development either within the lands comprising those parts of the Site already in the Council's ownership or elsewhere within the Order Lands. This will then enable development to be carried out without the beneficiaries of rights being able to obtain an injunction against the Council or its successors in title. Instead former beneficiaries will have a right to claim compensation and there is a statutory underwriting of compensation, meaning the Council is ultimately responsible for such compensation if the developer fails to pay.

5. THE PLANNING BACKGROUND

5.1 The National Planning Policy Framework (NPPF) sets out guidance in relation to key planning principles including building a strong economy; good design; promoting healthy communities; protecting open space and the built environment; conserving the historic environment; and meeting the challenge of climate change.

5.2 With regard to the Scheme, the approach taken by the Council to promoting the regeneration of the HEP Site already embodies the NPPF guidance regarding sustainable development in terms of the emphasis on the efficient re-use of previously developed land in order to create sustainable development in line with economic, social and environmental objectives to improve people’s quality of life. The Council has also sought to ensure the future vitality of its administrative area through the use of the Order.

5.3 The Core Strategy identifies the allocation of the HEP Site within Policy P1 Bridgwater. The HEP Project is identified as one of the seven ‘Bridgwater Vision Transformational Projects’ within that Policy and the allocation is described in more detail under the ‘Employment’ section of the Policy.

5.4 Policy P1 allocates the HEP Site: "The Former Royal Ordnance Factory site at Puriton is allocated as an Energy Park, with priority given to renewable or low carbon energy generation and other energy-related or complementary uses, including green technologies, supply components and support services." The Policy also states that the Council will work with interested parties to develop an overall Masterplan for the HEP Site, to include: "About 90 hectares of developable employment land identifying a range and mix of appropriate uses". In support of Policy P1 and to elaborate and provide greater detail on the HEP Site, the Council

AC_152103089_2 6 also produced the Puriton Energy Park Supplementary Planning Document, which was adopted on 28 March 2012. The Supplementary Planning Document includes an overall masterplan for the HEP Site that was worked up in collaboration with the previous owners of the HEP Site and informed the parameters plan and illustrative masterplan that forms part of the planning consent. The Council will be working with SGTL to develop further the HEP Masterplan during 2018.

5.5 The Sedgemoor Core Strategy identifies in Policy S1 that Bridgwater will be the focus for housing and employment growth for the District. The Huntspill Link Road is critical to opening up the HEP Site and enabling its development. By providing funding support towards the delivery of the Huntspill Link Road required to unlock development of a strategic employment allocation site the LEP will indirectly support approximately 3,700 direct jobs in B1, B2 and B8 premises (i.e. not including energy generating uses), and other associated job creation in the local economy through business and employee spend multiplier effects. The development will help to maximise the opportunities presented by the construction and operation of HPC and will help to improve levels of self-containment in Sedgemoor as well as the wider area.

5.6 The Huntspill Link Road has been identified as a highway transport improvement priority within Policy B17 of the Sedgemoor District Council Proposed Submission Local Plan, and will provide transport opportunities between key destinations. Within that plan the HEP Site is identified as a commitment given the now live planning consent which is in place for the HEP Site. The Plan is now at an advanced stage with Main Modifications submitted on 28 August 2018. The HEP Project provides the opportunity for increased permeability and accessibility to be achieved, linking public rights of way and isolated hamlets and farmsteads to the north of the Huntspill site to Puriton, Woolavington and further afield to Bridgwater, and by also linking to public transport routes.

5.7 The HEP Project aligns with the LEP and Joint Committee partnership's focus on improving productivity, and the Government's recently published UK Industrial Strategy. The EZ's location and objectives are expected to attract higher value, innovative industries that support clean growth and have synergy with the sector deal objectives. This is further developed in the approved HotSW LEP Productivity Strategy which will now form the emerging Local Industrial Strategy. Potential opportunity created by the HEP Site is also reflected in the draft Delivery Plan for the Heart of the South West Productivity Strategy.

5.8 The HEP Site has a clear strategic fit with the current HotSW Strategic Economic Plan (2014) (SEP). The HEP Project offers the potential to optimise the economic potential of the construction of HPC. The SEP identifies the transformational potential of the development of HPC as being crucial to the forward development of the LEP economy. It highlights the need to ensure that aligned strengths in key sectors, such as nuclear, aerospace and environmental technologies, are built upon; related investment in training, R&D, manufacturing and consultancy are secured; and that the legacy impact of nationally significant investment for the LEP area is maximised. To achieve this, the SEP identifies the need to create the correct conditions for growth, creating attractive business locations tailored to support sectoral opportunities of the highest value, which in turn drive wider economic improvement.

5.9 The Huntspill Link Road supports the SEP priority of `maximising productivity and employment'. Under this priority, the LEP state that they will `facilitate the development of strategic employment sites to meet our growth aspirations'. The Huntspill Link Road also aligns with the SEP priority of `transport and accessibility', which is aimed at supporting local transport infrastructure to unlock growth and improve access to employment. Without the Huntspill Link Road, the economic potential of the EZ will not be achieved.

5.10 HEP provides essential capacity to secure additional elements of the HPC supply chain, as well as develop a unique new offer for investment and innovation activity within the Somerset and wider South West area. This is consistent with the economic development priorities established in the 2014 Somerset Growth Plan, but also seeks to build upon wider aspirations around new nuclear and innovation, which has previously led to the construction of the Somerset Energy Innovation Centre in Bridgwater and underpinned wider activity through both subsequent Growth Deals and European Structural Investment Funds processes.

AC_152103089_2 7 5.11 The Somerset Growth Plan 2014-2020 gives precedence to the delivery of local infrastructure (such as road improvements) that will `enable the delivery of major housing and employment developments that will enable growth'. HEP is identified as a `Wave 1' strategic employment site.

6. THE CONSENTED DEVELOPMENT

6.1 In April 2013, a hybrid planning application (42/13/00010/SPH) was submitted by the then landowner, BAE Systems, for outline permission for an Energy Park, with all matters reserved apart from access and full details of a B8 storage building. The part of the Energy Park for which outline planning permission was sought comprised buildings with the following energy related employment uses: B1 (a, b or c) buildings, B2 and B8. The application site also included land safeguarded for energy generating uses, leisure use, and for the reinstatement of a rail head. The application also sought consent for a range of enabling infrastructure comprising the new Huntspill Link Road onto the A39, a 'green bridge', internal road system, footpaths, cycle routes and bridleways; public open space, landscaping and drainage along with associated works.

6.2 The hybrid planning application was subsequently granted on 28 November 2017. On the same date SGTL entered into a section 106 agreement with the Council and SCC. The planning permission issued provides detailed planning permission for the Huntspill Link Road together with outline approval in accordance with the Parameters Plan for the HEP Site.

6.3 Planning for the Huntspill Link Road is therefore in place and there is no planning impediment to the Huntspill Link Road proceeding.

6.4 The Environmental Statement supporting the application for planning permission concluded that the HEP Project will create approximately 4000 new higher value jobs (both in terms of skills required and wages paid) when completed, as well as indirect benefits through the construction process. These jobs will generate local economic benefits and in turn support additional jobs. When estimated linked induced employment is added to the full and part time jobs it will equate to an overall gross employment figure of approximately 5,021 full time equivalent jobs (FTEs) supported by the proposed scheme. The HEP Project will therefore provide a significant contribution towards the identified needs of Bridgwater and the wider District, as outlined in Sedgemoor Core Strategy policy P1 Bridgwater.

6.5 The delivery of the HEP Project underpins a number of key objectives in the Sedgemoor Core Strategy, including encouraging a diverse, robust, thriving and resilient economy; enhancing the image of the area as a business location; and providing local and higher quality job opportunities in growing employment sectors. The development aligns with and delivers on the aspirations of Core Strategy policies ‘D11 Economic Prosperity’, ‘MIP1 Major Infrastructure Proposals’ and ‘S1 Spatial Strategy for Sedgemoor’.

6.6 The draft Local Plan acknowledges Bridgwater and surrounding villages suffer from high levels of out-commuting to other centres outside of the District, partly as a result of more limited high skilled and high paid jobs within the District. Therefore, promoting higher skilled jobs within new and emerging technologies provides the opportunity to reverse this trend and in turn reduce environmental impacts through the number and distance of car journeys made. The HEP Project will also provide benefits in terms of increasing the retention of younger qualified persons in the area who currently relocate outside of the District because of limited skilled jobs in the area. The more diverse range of employment opportunities and attraction of jobs linked to the energy sector will result in increased retention of higher skilled people, improved self-containment and greater levels of expenditure in the local economy.

6.7 County Wildlife sites and other features will be retained and enhanced around the perimeter of the HEP Site. These will be linked by the network of new footpaths, which will open up land previously closed to public for the benefit of its users and the wider community. These will act as an educational resource for local schools.

6.8 The Huntspill Link Road will also increase capacity and thereby reduce peak time delay, queuing onto the A39 and ‘rat running’ through the villages to the benefit of local residents and further reduce the environmental effects caused by congestion.

AC_152103089_2 8 6.9 Sustainable construction principles will be incorporated in the proposals to prevent waste and reduce energy consumption. The energy strategy also sets out a number of parameters for detailed applications to adhere to in order to maximise environmental benefits. SGTL will be required by the Development Design Guide to consider use of technologies such as PV panels, passive solar gain, biomass boilers and air source heat pumps.

6.10 The HEP Site is currently subject to ongoing environmental improvement works approved under planning consent 42/11/00017. Whilst the remediation of the HEP Site was approved under a separate planning application, it is required in order to enable delivery of the consented development. The commencement of the environmental improvement works demonstrates considerable financial investment by SGTL in improving the environmental quality of the site.

6.11 A local labour agreement is a key part of the consent to ensure socio-economic benefit to local communities and businesses.

7. DESCRIPTION OF THE ORDER LANDS

7.1 The Order Lands lie on the south, south east and east of the village of Puriton. The Order Lands form an ark from the existing A39 Puriton Hill, heading east then curving to the north to reach the HEP site north of Woolavington Road.

7.2 The Order Lands comprise principally of agricultural land, together with some areas of highway and highway verge.

7.3 The Order Lands are described in more detail sequentially from the A39 below.

Plots 1-5 – Puriton Hill

7.4 Plots 1-5 of the Order Lands extend along the existing part of Puriton Hill that does not form part of the A39. This part of Puriton Hill connects with Hall Road and Webbers Way, Puriton and heads in a south easterly direction to its junction with the A39. The Order Lands here are principally highway or highway verge. They are required for a widening of the existing Puriton Hill to provide the appropriate width and visibility for the new highway proposals.

Plots 6-13 – A39 Puriton Hill

7.5 Plots 6-13 principally form parts of the highway of the A39 Puriton Hill and associated verges. The land is predominantly principal carriageway and also contains the apparatus of statutory utilities. The two parts of Puriton Hill form a junction, with the traffic on the A39 having priority. A number of residential properties front the A39 on the southern side. No land is required outside of the existing highway boundary in relation to these plots but acquisition of the freehold of the highway and its sub-soil is required because of the proposed highway and utility works in the vicinity of the A39. A new roundabout will be formed in the location giving access to the new road from the A39. The part of Puriton Hill that does not form part of the A39 will be diverted from the existing route to connect to the new roundabout.

7.6 Whilst the accesses to a number of properties may require realignment as a result of the construction of the Huntspill Link Road, accesses to properties will not be acquired. Rights to access the highway from these properties will not be removed.

Plot 14 – Field south of Puriton Primary School

7.7 This land is required for the new carriageway, together with temporary compound and environmental mitigation works. The new road will traverse part of plot 14 on an east west alignment.

Plots 15-17 - The Highway off Hillside

AC_152103089_2 9 7.8 Plot 15 forms part of the highway off Hillside which runs south from Puriton to meet the A39. Plot 16 is required for a new private means of access to replace an access that would otherwise be severed as a result of the works to complete the new road. Plot 17 is not used.

Plots 18-21 – Agricultural land south and east of Puriton

7.9 Following its new junction with the highway off Hillside, the new road will continue east then turn to sweep to the north to reach Woolavington Road. The new road will pass through six agricultural fields that lie to the south and east of the village of Puriton. A public footpath is crossed halfway along the route at which the new "Green Bridge" will be formed to allow the public right of way to continue to cross over the new road.

Plot 22 - Woolavington Road

7.10 Plot 22 is the highway of Woolavington Road. Works are required within the highway to effect the new roundabout proposed at this location.

Plots 23-26 - agricultural fields

7.11 North of Woolavington Road two agricultural fields are traversed, together with land being required that currently forms drainage ditches on the western side of the route of the new road. Attenuation ponds and construction compounds will be located in this area.

Plot 25 - Works within the HEP Site

7.12 Plot 25 is located within the existing HEP site. A new roundabout with four connections will be established here to allow for traffic to leave the highway and enter onto the HEP Site.

7.13 The table provided at Appendix 2 sets out the purpose for acquisition of each plot within the Order Lands.

8. CURRENT LAND OWNERSHIP

8.1 There are thirteen known landowners and a number of unknown but presumed landowners whose land is required for the Huntspill Link Road. The largest plots required are currently fields in agricultural use owned by five parties (including SGTL). Much of the Order Land is currently highway, and the interests of SCC as highway authority are excluded from compulsory acquisition. All the Order Lands need to be acquired to allow delivery of the Huntspill Link Road. The Order Lands are shown edged red and coloured pink on the plan provided at Appendix 1.

8.2 In addition, a number of tenancies exist in the Order Land, which will also need to be the subject of compulsory purchase, if SGTL is unable to reach agreement with the relevant parties. Areas of land in unknown ownership, such as highway subsurface and verges will also be included in the Order together with sufficient land to allow for creation, alteration, replacement or removal of private means of access to highways

8.3 SGTL and its predecessors had significant success in negotiating with the landowners. The Council believes that facilitating the comprehensive redevelopment of the HEP Site is likely to be achieved in a shorter timescale, in accordance with the aspirations of the LEP and reflecting the HEP Site's EZ status with the use of compulsory powers and believes that it is essential for the Council to take ownership of the Order Lands to meet that timetable.

8.4 Whilst SGTL has sought to acquire all of the required land by negotiation, the Council believes it is now essential to promote a compulsory purchase order to allow comprehensive redevelopment to take place within a reasonable timeframe

8.5 The Council is satisfied that, without a process of land assembly that includes compulsory powers as sought in the Order, the HEP Site is unlikely to come forward for comprehensive regeneration that will deliver the policy objectives at local, sub-regional, regional or national levels.

AC_152103089_2 10 8.6 It is clear that, without the Council using its land assembly powers, in conjunction with continuing negotiations, the HEP Site is unlikely to come forward for redevelopment in a manner and within a timescale that meets the aspirations of the LEP and the local authorities, that support the EZ.

8.7 Without the Huntspill Link Road the extent of the development that SGTL could bring forward on the HEP Site would be substantially below its full potential as set out in policy, if at all, or within the timescales appropriate for the HEP Site now that it has EZ status.

8.8 Land owned by SGTL is included within the Order Land (plots 22 (presumed owner of half width of adjoining subsoil), 23, 24 (presumed owner of half width of adjoining subsoil), 25 and 26 (presumed owner of half width of adjoining subsoil)) to ensure that any unknown third party rights can be overridden and do not present an impediment to the Huntspill Link Road proceeding.

8.9 The entire EZ HEP Site is owned by SGTL. It comprises an area of 257 hectares (635 acres).

9. CONSULTATION

9.1 The route of the proposed Huntspill Link Road had been promoted by the previous owners of the HEP Site since 2007 but was not established definitively until the subsequent planning consent process between 2013 and 2017. The route, as stated above, is owned by five main landowners.

9.2 The predecessor landowner of the HEP Site, BAE Systems, acquired the first parcel of land necessary to deliver the Link Road in December 2010. It then successfully negotiated option agreements with three of the four main landowners by the end of 2011.

9.3 Discussions between BAE Systems with the remaining main landowner commenced in 2009 and have continued since then by BAE Systems and subsequently by SGTL on acquisition of the HEP Site in December 2017. Despite these continued negotiations, it has not been possible to reach agreement.

9.4 The interests of SCC (as local highway authority) in highway land required for the Huntspill Link Road are excluded from compulsory acquisition. Whilst the Council is promoting the Order and SGTL will deliver the Huntspill Link Road, the highway will be returned to SCC as the local highway authority once the works are complete.

9.5 There are a number of additional smaller interests required to deliver the Huntspill Link Road. Attempts have been made to negotiate with these landowners but to date have not been successful. Land agents have been appointed to liaise on behalf of SGTL.

10. FINANCIAL IMPLICATIONS

10.1 In February 2018 SGTL made an application to the HotSW LEP for £3.94m of Growth Deal funding which it is estimated covers part of the cost of building the Huntspill Link Road.

10.2 On 15 March 2018, SGTL and representatives from the Council met the Local Transport Board (LTB) of the LEP. The LTB has scrutinised the application and has indicated that the funding will be secured provided all the elements of the Business Case supporting the application are adhered to. The Financial case requires that the LEP funding of £3.152m is to be spent by April 2020. Support from the LEP Strategic Investment Panel was confirmed on the 4 April 2018 which confirms ‘programme entry’ status.

10.3 This funding is to be more than matched with investment by SGTL. Funding arrangements from SGTL include drawdown from private investor loan facility, debt finance, securitisation and contractor finance. Salamanca Group (the parent company of SGTL) has carried out significant overseas residential, commercial, new town and industrial / logistics developments in Turkey, Bulgaria, Romania, Poland, Spain and Brazil since 2006 and the project team, supported by a full complement of professional services, is experienced in the delivery of major regeneration, road and transport schemes. Based on Salamanca Group's experience of delivering similar projects, SGTL and the Council see no reason why funding should not be available when required for the provision of compensation and construction of the Huntspill Link Road.

AC_152103089_2 11 10.4 The Council's financial liability to pay compensation is being indemnified through an Indemnity Agreement.

10.5 A Planning Performance Agreement is also being negotiated to cover additional costs of the Council and the County Council, subject to performance / service standards being agreed.

11. LEGAL IMPLICATIONS AND OTHER RELEVANT CONSIDERATIONS

11.1 In promoting the Order the Council is satisfied that there is a compelling case in the public interest. This includes the following reasons:

11.1.1 SGTL has taken all reasonable steps to acquire the interests in the Site by negotiation, and has succeeded in assembling the whole of the Site where practicable to do so. The Order is being promoted as a last resort in relation to the Order Lands as it has proved impossible for SGTL to secure the remaining Order Land by any other method;

11.1.2 Negotiations with third parties have taken place and have been partially successful;

11.1.3 There is a clear idea of the intended use of the Order Land and that the necessary resources are likely to be available to achieve that end within a reasonable timescale;

11.1.4 Details for the source of, and timing for, the funding of the scheme – the Council already has access to funding for land assembly compensation in place. The financial wherewithal of SGTL has been tested by the Council, with external consultants assisting as required, to provide confirmation that the Huntspill Link Road is likely to be provided;

11.1.5 The scheme is unlikely to be blocked by impediments to implementation. This is demonstrated by the grant of planning permission;

11.1.6 There is a compelling case in the public interest and that the purposes for the making of the Order should sufficiently justify interfering with the human rights of those with an interest in the Order Land. This is dealt with in section 12.

11.1.7 On the basis of the assessment carried out by the Council, it considers that a compelling case for exercising expropriation powers exists. The Council has carried out this assessment and as a result of the unlocking of the redevelopment of a key brown-field site in the Council's administrative area, which will generate significant employment opportunities and regeneration, in addition to the strategic value of improving the use of the land at the HEP Site. The Council believes that there is a compelling case in the public interest for making a compulsory purchase order (and interfering with the human rights of those affected by the Scheme).

11.1.8 The purpose for which the land is to be compulsorily acquired is likely to improve the economic well-being of the area by unlocking additional potential for the HEP Site for development.

11.1.9 Planning permission has been granted. The Scheme therefore is unlikely to face planning impediments. Further, subject to confirmation of compulsory purchase powers, or acquisition of land by agreement, there are no remaining impediments to the Scheme proceeding. Other than planning permission it is anticipated that the only consents and permissions which will be needed are traffic regulation orders, temporary diversion of public rights of way and environmental permits.

11.2 The Council considers that there is no alternative other than to use its powers of compulsory acquisition to deliver the regeneration of the HEP Site in accordance with the aspirations of those promoting the EZ.

11.3 There are no listed buildings or scheduled ancient monuments along the route of the planned Huntspill Link Road or within the HEP Site itself. The HEP Site and parts of the route of the

AC_152103089_2 12 Huntspill Link Road are locally identified as archaeological sites, though this identification carries no wider consideration and has been addressed through the planning process. There are no other historic features known to the Council.

11.4 A planning application has recently been approved in respect of land off Puriton Hill, Bridgwater for the erection of a house on vacant land adjacent to existing domestic land. The land was previously in agricultural use. The approval is referenced 42/18/00009. None of the land which is the subject of the recent approval is included as part of the Order Lands, but the Huntspill Link Road would require realignment of the access to the land which is the subject of the planning application.

11.5 For the consideration of the application of Section 6A of the Land Compensation Act 1961, the comprehensive redevelopment of the Site as described in this Statement of Reasons should be considered to be the scheme for the development of the HEP Site and the Huntspill Link Road for the purposes of assessing compensation.

12. HUMAN RIGHTS AND EQUALITIES IMPACTS

12.1 The Human Rights Act 1998 (HRA) came into force on 2 October 2000. Provisions of the HRA which are relevant in relation to compulsory purchase are:

12.1.1 the European Convention on Human Rights (the Convention) is an international treaty signed under the auspices of the Council of Europe. Whilst the was instrumental in drafting the Convention it was never incorporated into United Kingdom law;

12.1.2 the HRA still does not incorporate the Convention into United Kingdom law but what it does is to enable individuals to invoke Convention rights for certain purposes and for certain effects;

12.1.3 the main articles of the Convention which are of importance in circumstances where the Council is considering making a compulsory purchase order is Article 1 of Protocol 1 – the protection of property;

12.1.4 in making a CPO an acquiring authority must show that the acquisition is justified in the public interest.

12.2 Article 1 of Protocol 1 to the Convention provides that Every natural or legal person is entitled to the peaceful enjoyment of his possessions; No one shall be deprived of those possessions except in the public interest and subject to the conditions provided for by law. However, the above rules shall not prevent a State enforcing such laws as it deems necessary to control the use of property in accordance with the general interest.

12.3 The Council when it resolved on 25 April 2018 to proceed with a CPO understood that, in relation to Article 1 a fair balance has been struck between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The right to compensation is an important factor in considering the balance between the two, both in relation to the compulsory acquisition and proposed appropriation of the Council's own land.

12.4 It is considered that the interference with the individual's property is justified by the advantages accruing to the public, particularly taking into account the fact that there is a legal right to compensation for the property taken and rights extinguished by compulsory purchase and where rights are overridden through the proposed appropriation.

12.5 In relation to the Council's Equalities Act duties, it is not anticipated that any minority group would be adversely or disproportionally affected or directly or indirectly discriminated against by the proposal to exercise compulsory powers as sought in the Order.

12.6 Any development of the Site will need to comply with the provisions of the Equalities Act 2010. This would be secured by good design and if necessary by planning condition.

AC_152103089_2 13 13. TRAFFIC REGULATION ORDERS AND TEMPORARY DIVERSION OF RIGHTS OF WAY

13.1 SCC, as Local Highway Authority, has confirmed that permanent diversion of the Right of Way BW28/2 is not required as part of the delivery of the Huntspill Link Road. Temporary closure of the Right of Way will be required through application to SCC and an acceptable alternative route will be provided either on existing highways / paths or on other land where the applicant applying for the temporary closure would be liable for the route.

14. FUNDING FOR COMPENSATION

The Council will be liable to meet statutory compensation claims from either compulsory purchase or appropriation and has through agreement with SGTL the necessary funding in place to cover these costs.

15. CONCLUSIONS

15.1 There is a compelling case in the public interest for the Secretary of State to confirm the Order. This is because:

15.1.1 the Council has a clear idea why the lands it seeks are needed and there is a clear purpose for acquisition;

15.1.2 given the granting of planning permission, there should be no planning impediments to the Scheme progressing;

15.1.3 SGTL has taken considerable time in assembling the Site and the Order Lands comprise the last few pieces of the process of land assembly to enable this key site to come forward;

15.1.4 without compulsory powers provided to the Council the process of land assembly within a timescale appropriate for the EZ Status of the HEP site and the regeneration of this key site will not meet the full ambition of the parties promoting the EZ;

15.1.5 without the certainty of the Order Lands vesting in the Council the Site will not be capable of comprehensive redevelopment;

15.1.6 the proposals to promote development on the Site are fully in accord with Government Policy, and are in line with the Council's own development plan policies and supported by the EZ status of the HEP Site and agreed Implementation Plan for the HEP Site;

15.1.7 the Council is satisfied SGTL has the funds available to pay any anticipated compensation due as a result of the powers in the Order being exercised.

15.2 It will not be possible for SGTL to fulfil the full potential of the HEP Site in accordance with the Implementation Plan and availability of the LEP’s Growth Deal 3 funds without positive planning powers being sought by the Council in the form of compulsory purchase. The Council must therefore take action to bring this key site in Sedgemoor forward and make it available for redevelopment to deliver its planning and economic objectives.

15.3 The Secretary of State is therefore respectfully requested to confirm the Order.

Womble Bond Dickinson LLP Solicitors to Sedgemoor District Council

AC_152103089_2 14 Appendix 1 - Order Map

AC_152103089_2 15 AC_152103089_2 16 AC_152103089_2 17 AC_152103089_2 18

Appendix 2 – Plot Justification Table

Plot Purpose of acquisition number 1 Required to provide working width for kerb installation and resurfacing and localised regrading of verge and tree removal (if required) on Puriton Hill 2 Required to provide working width for kerb installation and resurfacing and localised and regrading of verge and tree removal (if required) on Puriton Hill, which in turn may also 3 require removal and reinstatement of garden fence 4 Required to provide working width for kerb installation and resurfacing, localised regrading of verge and vegetation/tree removal on Puriton Hill 5 Required for the realignment of Puriton Hill, and breaking out of the existing carriageway 6 Required to remove and replace the existing fence, and tie in a new fence line to suitably enclose the Link Road 7 to Required to realign the A39 and provide a new roundabout to the Link Road from the A39 12 and provide new accesses to existing properties 13 Required to remove and replace the existing fence, and tie in new fence line to suitably enclose the Link Road 14 Required to construct the junction of the Link Road with the A39, noise bund, infiltration basin, construction compound and material storage area, and working width for the realignment of Puriton Hill. A new field access will be installed to/from Puriton Hill to ensure access to the retained land can be facilitated. 15 Required for the creation of a junction between Hillside and the Link Road 16 Required to facilitate water main diversion works and to replace an existing private means of access which would otherwise be severed as a result of the works for the Link Road 17 Plot not used 18 Required for the construction of the Link Road, noise bund, and permissive bridleway 19 Required for the construction of the Link Road, noise bund and additional land for material storage 20 Required for the construction of the Link Road, noise bund, Green Bridge and public rights of way improvements 21 Required for the construction of junction between Woolavington Road and the Link Road, noise bund and the removal of existing landfill 22 Required for the construction of a roundabout and tie into Woolavington Road from the Link Road 23 Required for the construction of the Link Road, material storage and attenuation basins 24 Required for the creation of an outfall to the existing rhyne 25 Required for the construction of the Link Road (including the provision of a new roundabout to leave the Link Road and enter the HEP Site) and creation of attenuation basins 26 Required as a working area for the construction of attenuation basins and outfall

AC_152103089_2 19 Appendix 3 - List of Documents which the Council may rely on

In the event of an inquiry, the Council would intend to refer to or put in evidence documents, including maps and plans, to assist its case. Some of these documents have been referred to in the Statement of Reasons. The Council sets out below a list of such documents, and these documents may be inspected between 8.45am – 5pm Monday to Friday at Sedgemoor District Council, Bridgwater House, King Square, Bridgwater, Somerset, TA6 3AR or at the Council's website at www.sedgemoor.gov.uk/cpo.

The Council reserves the ability to add to this list of documents from time to time before any inquiry or hearing into the Order.

Document Document Number 1. Compulsory Purchase Order and Supporting Documents 1.1 The Order 1.2 The Order Map 1.3 Statement of Reasons 1.4 Report to Executive dated 12 October 2016 1.5 Council Resolution dated 12 October 2016 1.6 Report to Executive dated 25 April 2018 1.7 Council Resolution dated 25 April 2018 2. Planning Application Documents

2.1 Application for outline planning permission (reference: 42/13/00010/SPH) submitted in April 2013 2.2 Transport Assessment 2.3 Supplementary Transport Assessment 2.4 Planning officer's report dated 29 August 2017

2.5 Outline planning permission (reference: 42/13/00010/SPH) for outline planning application for the scheme granted on 28 November 2017 2.6 Section 106 Agreement dated 28 November 2017 3. Legislation 3.1 The Town and Country Planning Act 1990 3.2 The Acquisition of Land Act 1981 3.3 The Local Government (Miscellaneous Provisions) Act 1976 3.4 The Land Compensation Act 1961 3.5 The Human Rights Act 1998

AC_152103089_2 20 Document Document Number 3.6 The European Convention on Human Rights 3.7 The Equality Act 2010 3.8 The Compulsory Purchase (Vesting Declarations) Act 1981 3.9 The Housing and Planning Act 2016 4. National Planning Policy and Guidance 4.1 National Planning Policy Framework 4.2 UK Industrial Strategy: Building a Britain fit for the future 4.3 Guidance on Compulsory Purchase Process and the Crichel Down Rules 5. Local Planning Policy 5.1 Sedgemoor District Council Core Strategy May 2013 (Adopted September 2011)

5.2 Sedgemoor District Council Puriton Energy Park Supplementary Planning Document March 2012

5.3 Sedgemoor District Council Proposed Submission Local Plan 2011-2032 including Main Modifications 5.4a Bridgwater Vision 5.4b Economic Development Strategy December 2015 5.5 Sedgemoor District Council Corporate Strategy 2018-19 5.6 Heart of the South West Local Enterprise Partnership Productivity Plan 5.7 Heart of the South West Strategic Economic Plan dated March 2014 5.8 Somerset Growth Plan 2014-2020 5.9 Sedgemoor District Council Strategic Housing Land Availability Assessment 2016 6. Other Supporting Documentation

6.1 Sedgemoor District Council Enterprise Zone Memorandum of Understanding dated 30 September 2016

6.2 Heart of the South West Enterprise Zone – Huntspill Energy Park Implementation Plan dated March 2017 6.3 BAE Systems Road Options Report

6.4 Minutes of the Heart of the South West Local Enterprise Partnership Local Transport Board dated 14 March 2018

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