The Welsh Ministers

THE WELSH MINISTERS (THE NEATH TO ABERGAVENNY TRUNK ROAD (A465) (ABERGAVENNY TO HIRWAUN DUALLING AND SLIP ROADS) AND EAST OF ABERCYNON TO EAST OF DOWLAIS TRUNK ROAD (A4060) AND CARDIFF TO GLAN CONWY TRUNK ROAD (A470) (CONNECTING ROADS) (DOWLAIS TOP TO HIRWAUN)) (SUPPLEMENTARY) (NO.1) COMPULSORY PURCHASE ORDER 20--

STATEMENT OF REASONS

1. INTRODUCTION

The Welsh Ministers, as the relevant highway authority, are responsible for all trunk roads in Wales. The A465 is an important part of the Welsh Government (WG) strategic road network and it serves as the major east/west route linking the industrial centres of the Midlands and South Wales as well as providing an alternative route to the M4.

Following the Public Local Inquiry held in April/May 2018, the A465 Dualling Section 5&6 Dowlais Top to Hirwaun Orders (known in this document as the Published Scheme) were made by the Welsh Ministers in April 2019. Options for adding value to the Scheme have continued to be investigated.

The Made Orders for the A465 Dowlais Top to Hirwaun Dualling project (referred to as the “Scheme”) comprise:

a) The Made Amendment (Line) Order provides for the construction of new lengths of trunk road, slip roads, connecting roads and the de-trunking of existing lengths of trunk road. b) The Made Side Roads Order (SRO), to stop up lengths of superseded trunk road and to stop up, improve, create or alter other roads, footpaths, cycle tracks, bridleways and private accesses. c) The Made Compulsory Purchase Order (CPO), to provide for the acquisition of the land and rights required for the construction and maintenance of the Scheme.

An Environmental Statement and a Statement to Inform an Appropriate Assessment of the potential likely effects of the Scheme were prepared in association with the above Orders.

Following further Scheme development, a Variation Order (to the Side Roads Order) and a Supplementary Compulsory Purchase Order are needed to address the following:

1. Removal of an attenuation pond at Hirwaun Ponds. 2. Insertion of new highway from the detrunked A465(T). 3. Minor amendments to the Croesbychan Roundabout 4. Insertion of new gyratory at Swansea Road / Merthyr Road. 5. Removal of gyratory at Bryniau Road. 6. Minor amendments to the Reservoir Bridge and access.

The Welsh Ministers’ Supplementary (No.1) Compulsory Purchase Order (CPO) now published in draft would authorise the purchase of additional land and the new rights over land to make provision for the proposed changes to the Scheme and the inclusion of other changes following discussions with land owners. A draft Variation Order to the made Side Roads Order is also being published.

1. THE MADE COMPULSORY PURCHASE ORDER AND THE DRAFT SUPPLEMENTARY (NO. 1) COMPULSORY PURCHASE ORDER

The full title of the made Compulsory Purchase Order published under the Highways Act 1980 and the Acquisition of Land Act 1981 is as follows:

The full title of the draft Supplementary (No. 1) Compulsory Purchase Order (CPO) now published by The Welsh Ministers under the Highways Act 1980 and the Acquisition of Land Act 1981 is as follows:

The provisions within the made Compulsory Purchase Order and this draft Supplementary (No.1) CPO taken together, if made, would authorise, the Welsh Ministers under sections 239, 240, 250 and 260 of the Highways Act 1980 and under section 2 of, and paragraph 1(1)(b), (3) and (4) of Part 1 of Schedule 2 to the Acquisition of Land Act 1981, and all other enabling powers, to purchase compulsorily that land and the new rights over land described in the above Orders for the Scheme.

2. BACKGROUND TO THE PROJECT

The Background to the Project is given in the Statement of Reasons for the made CPO, when published in draft on the 3rd August 2017.

3. EXISTING CONDITIONS

A description of the existing conditions is given in the Statement of Reasons for the made CPO when published in draft on the 3rd August 2017.

4. CONSULTATIONS

A summary of consultations leading up to the publication of the made Orders was outlined in the Statement of Reasons for the made CPO when published on the 3rd August 2017. Since the publication of the made Orders there has been further engagement with stakeholders and interested parties.

The Local Planning Authorities, land owners and relevant stakeholders were consulted during the Statutory Orders Exhibitions in August 2017, and since then during development of the proposals that relate to this draft Supplementary (No. 1) CPO through meetings and correspondence.

If statutory objections are received the Welsh Ministers may decide to hold a Public Local Inquiry into the Orders now published.

5. SCHEME OBJECTIVES

The objectives of the proposed Scheme were given in the Statement of Reasons for the made CPO when published in draft on the 3rd August 2017.

6. THE PROPOSED SCHEME

A description of the proposed Scheme was outlined in the Statement of Reasons for the made CPO when published on the 3rd August 2017.

A description of proposals contained within this draft Supplementary (No. 1) CPO is given in section 7 of this Statement of Reasons.

7. DESCRIPTION OF ADDITIONS AND MODIFICATIONS CONTAINED IN THE DRAFT SUPPLEMENTARY (NO. 1) CPO AND SHOWN ON THE DEPOSITED MAP

Following the publication of the made Orders in April 2019, modifications have been identified and it has been decided to revise the proposals accordingly. Design discussions have been ongoing and following these discussions with land owners, statutory undertakers and other interests, the following changes are proposed: a) Title is required for an existing headwall located north of the A465 Trunk Road and south west of Bryn-y-Gaer Cemetery. (1/1) b) A new access road is required into Hirwaun Welfare Ground. (2/1, 2/2, 2/3, 3/1) c) Title is required for an existing headwall located north east of Tower Regeneration opencast site and west of the A465 Trunk Road. (2/4) d) Title and an easement are required for an existing headwall located west of Redhill Close and north of the A465 Trunk Road. (2/4a, 2/4b & 2/4c) e) Title is required for an existing headwall located north of Redhill Close and West of the A4059 Penderyn Road. (2/5) f) Additional Welsh Ministers land is required to extend the CPO boundary for the work to the Vale of Neath Railway Bridge. (4/1) g) Additional Welsh Ministers land required at Court Lodge for the temporary access and working space for the construction of a new private access. (4/1a, 4/1b, 4/1c)

h) Additional Welsh Ministers land required for highway improvements to the unnamed road serving Llwydcoed Crematorium west of the property known as Ty Croesbychan. (4/1d) i) Title and an easement are required for proposed new headwall for a culvert at the stables south of Court Farm Underpass. (4/2, 4/2a, 4/2b, 4/2c, 4/2d, 4/2e, 4/2f, 4/4, 4/4a, 4/4b, 4/4c, 4/4d, 4/4e, 4/4f, 4/4g, 4/4h) j) An easement is required for a proposed headwall and culvert on Network Rail land at the Vale of Neath Railway. (4/3 & 4/3a) k) An easement is required for installing drainage from mainline to proposed Pond E located south of the A465 Trunk Road, west of the Vale of Neath Railway and east of the Court Farm Underpass. (4/4j) l) Title is required for the construction of a new bridge over the watercourse known as Nant Melyn located north of the property known as Dingle Gardens and south east of the property known as Nant-y-Moel Farm. (4/5) m) Title, essential licence and Licence (Private Means of Access) are required at Gellitarw Farm located north east of the property known as Gellitarw Farm and south of the unnamed road serving Llwydcoed Crematorium. (4/6, 4/6a, 4/6b & 4/6c,4/6d, 4/6e, 4/6f, 4/6g & 4/6h) n) Title is required for highway improvements and associated works located east of the A465 Trunk Road and west of the property known as Ty Croesbychan. (4/7) o) Title is required for highway improvements located south of Swansea Road and north of the stables served by Court Farm Underpass. (4/8, 4/8a) p) Title is required for highway improvements and abutment for structure at Nant Melyn Viaduct. (4/9) q) Title, title (dedication), easement, title (private means of access), essential licence, licence for private means of access is required on land south east of the Nant Moel Reservoir for the construction and maintenance of a proposed attenuation pond, drainage pipe, footpath and private means of access arrangement. (5/1, 5/1a, 5/1b, 5/1c, 5/1d, 5/1f, 5/2) r) Title is required for highway improvements and abutment for structure at Nant Hir Reservoir. (5/2b, 5/2c, 5/2d, 5/2e) s) An essential licence and licence (private means of access) is required for the construction of an alternative field access. (5/1h, 5/3, 5/1g) t) An essential licence is required for temporary access and working space for the construction of a realigned combined bridleway/cycle track/footpath located north of the property known as Nant Cae Farm and south of the A465 Trunk Road. (5/2a) u) Additional Welsh Ministers land required at Ty-Gwyn Farm for highway improvements and associated works. (6/1)

v) Additional Welsh Ministers land required at Ty-Gwyn Farm for the construction and maintenance of a proposed attenuation pond and associated drainage works. (6/1b) w) Title and essential licence is required for highway improvements and associated works located east of Llwydcoed Reservoir (covered) and south of the A465 Trunk Road. (6/3, 6/4, 6/5 & 6/5a) x) Title and essential licence is required for highway improvements and associated works located south of the redundant section of the road known as Swansea Road east of Baverstock Junction and west of the properties known as Cribyn Close. (7/1, 7/1a, 7/1b) y) Title is required for a headwall located south of the property known as Tyn-Y- Coedcae Farm and north of the A465 Trunk Road. (7/2) z) An easement is required for the construction and maintenance of a new drainage pipe located north of the property known as Coed Meurig Farm and west of the A470 Junction. (8/1) aa) Title is required for existing Nant Ffrwd structure support. (8/1a & 8/4) ab) An easement is required for the construction and maintenance of a new bridge and drainage pipe crossing the unclassified road known as Ffrwd Road located north of the A470 Junction and south west of the structure known as Taf Fawr Bridge. (8/2, 8/2a) ac) Title and easement is required to protect a new structure by controlling the use below it and construction and maintenance of a new drainage pipe located east of unclassified road known as Ffrwd Road and west of the structure known as Taf Fawr Bridge. (8/3) ad) An essential licence and easement is required for temporary access and working space for the construction and maintenance of a new bridge and associated drainage located east of unclassified road known as Ffrwd Road and west of the structure known as Taf Fawr Bridge. (8/3a, 8/3b, 8/3c) ae) Title and easement are required for a headwall located west of the property known as Gurnos Farm and north of the A465 Trunk Road. (9/1, 9/1a, 9/1b) af) Title and dedication are required for highway improvements and associated works located south of the structure known as Taf Fechan Bridge and east of the unclassified road known as Lower Vaynor Road. (9/1d, 9/3d, 9/3e, 9/3f, 9/3g, 9/3h) ag) Title is required for highway improvements and associated works located north of the structure known as Taf Fechan Bridge and the A465 Trunk Road. (9/1e and 9/1f) ah) Title is required for highway improvements and associated works located south of the structure known as Taf Fechan Bridge and north west of the properties known as Lakeside Gardens. (9/1g)

ai) Essential licence is required for temporary access and working space for highway improvements, associated works and the construction of the bridleway/cycle track/footpath overbridge located east of the property known as Ty Newydd Bungalow and north of the A465 Trunk Road. (9/1h) aj) Essential Licence is required for temporary access and working space located adjacent to the property known as Valbonne. (9/1j) ak) Title and dedication are required for highway improvements and associated works located east of the property known as Ty Newydd Bungalow and west of the structure known as Taf Fechan Bridge. (9/2, 9/3, 9/3a, 9/3b, 9/3c) al) An easement is required to gain access to attenuation pond in field 3969 north of Gurnos Farm Cottages. (9/4, 10/5a) am) Title is required for a headwall located, south east of Gurnos Farm and north of the A465 Trunk Road. (10/1) an) Title is required for highway improvements and associated works located west of the unclassified road known as Bryniau Road, east of the unclassified road known as Pontsarn Road and north west of Bryniau Road Overbridge. (10/2) ao) Title is required for highway improvements and associated works located north of the A465 Trunk Road and east of Gurnos Farm. (10/5). ap) Licence (private means of access) and Title (private means of access) is required for the construction of a new field access located north of the business known as Trade Centre Wales and south west of the property known as Kimberley Bungalow. (10/3, 10/4) aq) Title is required for highway improvements and associated works located north of the A465 Trunk Road and west of the unclassified road known as Pontsarn Road. (10/4a, 10/4b, 10/4c) ar) Additional Welsh Ministers land required for highway improvements to the unclassified road known locally as The ICI located east of Bryniau Road and south of Pant Industrial Estate. (10/6) as) Essential Licence and Title (Private Means of Access) required for the construction of a new private access located east of the unclassified road known as Bryniau Road and north of the unclassified road known locally as The ICI. (10/7, 10/7a, 10/7b) at) Essential licence is required for temporary access and working space for the re- alignment of the severed informal footpath crossing at Ifor Park. (11/2) au) Essential Licence Required for temporary access and working space for the construction of new highway, highway improvements and associated works including construction of a retaining wall located west of the businesses known as Empressive Motor Company and Road House Cafe and north of the A465 Trunk Road. (11/3, 11/3a)

av) Title (Private Means of Access) required for temporary access and working space for construction of a retaining wall and for the construction of a new private access serving the business known as Road House Café, Unit 4a of Pant Industrial estate located north of the A465 Trunk Road. (11/4, 11/5) aw) Title is required for existing culvert outfall into reservoir and highway improvements and associated works located east of Jones Street overbridge, south of Reservoir Upper Pond and north of the A465 Trunk Road. (12/1) ax) Title is required for construction of new highway and associated works located east of Jones Street overbridge, south of the Reservoir Upper Pond and north of the A465 Trunk Road. (12/1c) ay) Essential licence is required for temporary access and working space for the public footpath located east of Jones Street Overbridge, west of Reservoir Lower Pond and south of the A465 Trunk Road. (12/1, 12/1a,12/1b & 12/2)

The intention would be to progress an application for a section 19 Certificate to acquire two plots of common land (9/3c and 9/3h) and any necessary exchange land that may be required. (9/1k).

Additions and modifications are proposed to the made Side Roads Order to incorporate the changes to local highways and Private Means of Access (PMA) which are included in the draft Variation to the Side Roads Order which is also published.

This draft Supplementary (No.1) CPO is published under the Highways Act 1980 and the Acquisition of Land Act 1981 and incorporates any necessary additional land and rights over land to provide the proposed alternative arrangement.

Some of the plots included in this draft supplementary CPO were included in the made CPO with the original intention to hand the land back to the owner. This requirement has changed as Welsh Ministers would now require title to these plots for the proposed design changes and therefore the land could not be handed back. The Welsh Ministers have the statutory power by virtue of the made CPO to acquire these plots which have only been included to provide clarity and to aid consultation only.

Plots in the made CPO that could be modified 1/2g, 2/2d, 2/2f, 2/5, 4/2a, 4/2c, 4/2d, 4/5f, 4/5d, 4/4n, 4/4b, 4/4c, 4/10u, 4/16, 4/18, 5/5ak, 5/5aaj, 5/5aam, 5/5h, 5/5ae, 5/8, 5/8m, 5/8n, 6/6e, 7/5b, 8/2d, 8/3f, 8/5, 8/5c, 8/6c, 9/5am, 9/5aL, 9/5v, 9/5h, 9/5j, 9/4d, 9/4e, 9/4u, 9/4h, 9/4a, 9/4b, 9/4q, 9/4c, 9/5v, 9/7u, 10/4, 10/6f, 10/1a,11/5c. New plots and replacement plots are shown on the deposited map to this draft Supplementary (No.1) CPO now published.

8. THE CASE FOR COMPULSORY PURCHASE

The draft Supplementary (No.1) CPO is published under the Highways Act 1980 and the Acquisition of Land Act 1981.

The draft Supplementary (No.1) CPO is required to ensure the timely acquisition of land and rights required for the proposed Scheme and to enable The Welsh Ministers to fulfil their statutory duty to provide new highways and private means of access to premises to replace those being stopped up under the draft Variation Order SRO.

The draft Supplementary (No.1) CPO if made, will also enable the position of some access points to be altered. The made orders taken together with the draft Supplementary (No.1) CPO and the draft Variation Order will, if made, enable the construction of appropriate environmental mitigation measures and alternative means of access to land affected by the Scheme.

The amount of land identified in the draft Supplementary (No.1) CPO together with the land identified in the made CPO for the Scheme is considered to be the minimum necessary to construct and subsequently operate and maintain the Scheme together with the provision and maintenance of the environmental mitigation measures.

In drawing up the proposals for this Supplementary (No.1) CPO regard has been given to the interference with the rights of all those with interests in the Supplementary (No.1) CPO) and who would otherwise be affected by the Scheme.

9. DEPOSIT POINTS

Copies of the draft Supplementary (No.1) Compulsory Purchase Order together with its associated map, draft Variation Order to the Side Roads Order together with its associated plan and the made orders and Environmental Statement may be inspected free of charge during normal working hours at any of the following deposit points:

 Orders Branch, Transport, Welsh Government, Cathays Park, Cardiff CF10 3NQ  Rhondda Cynon Taf County Borough Council, The Pavilions, Cambrian Industrial Park, Tonypandy, CF40 2XX  Merthyr Tydfil County Borough Council, Civic Centre, Castle Street, Merthyr Tydfil, CF47 8AN  Caerphilly County Borough Council, Penallta House, Tredomen Park, Ystrad Mynach, Hengoed CF82 7PG  Brecon Beacons National Park Offices, Plas y Ffynnon, Cambrian Way, Brecon LD3 7HP  Hirwaun Library, High Street, Hirwaun, CF44 9SW  Cefn Coed Community Centre, Old Drill Hall Road, Cefn Coed, Merthyr Tydfil CF48 2NA  Dowlais Library, Church Street, Dowlais, Merthyr Tydfil, CF48 3HS

Additional copies of published information may be obtained from the Welsh Government or viewed on https://gov.wales/a465-section-5-and-6-dowlais-top- hirwaun.

10. LODGING OBJECTIONS TO THE DRAFT SUPPLEMENTARY (NO. 1) COMPULSORY PURCHASE ORDER AND PROPOSED MODIFICATIONS TO THE SCHEME

Any person wishing to object, or support may do so by writing to:

Orders Branch Transport Welsh Government Cathays Park Cardiff CF10 3NQ

Any objection to the draft Supplementary (No.1) Compulsory Purchase Order must be made in writing to the Orders Branch, Transport, Welsh Government, Cathays Park, Cardiff CF10 3NQ or by email to [email protected] before 19 December 2019 and should state the title of the Order, the reference qA1401746, the grounds of objection and the objector’s address and interests in the land. Please Note: Should you wish to object, support or make representations, your correspondence will be considered by the project team and we may need to consult with people and organisations outside of the Welsh Government. As part of this process we may pass information to them, including information you have given us and your personal data. We will however, only disclose your personal details where it is necessary to do so to enable us to deal with issues you have brought to our attention. Where a trunk road scheme becomes the subject of a Public Inquiry (PI), all correspondence is copied to the Inspector of the PI and is kept in the PI Library and is publicly available. If you do not wish for certain personal data to be forwarded to third parties, you should state why when submitting your correspondence and the Welsh Ministers will copy the representations to the appropriate third parties with the name and address removed and if there is to be a PI, the representations will be seen by the Inspector who may give them less weight as a result.

11. DECISION PROCESS

The decision as to whether or not to proceed to make the draft Variation to the Side Roads Order and draft Supplementary (No.1) CPO) for the Scheme would be taken by The Welsh Ministers.

Should the draft Variation to the Side Roads Order and draft Supplementary (No.1) CPO be made and the proposed design changes be included in the published scheme, the Welsh Ministers would, through their valuation agent, enter into negotiation with all affected landowners regarding compensation for the land and rights needed and where appropriate the carrying out of accommodation works on their retained land to mitigate the effect of the Scheme.