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A483 and A489 Newtown Bypass

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A483 and A489 Newtown Bypass Adroddiad Report Ymchwiliad a agorwyd ar 25/06/2015 Inquiry opened on 25/06/2015 Ymweliadau safle a wnaed ar 16/07/15 a Site visits made on 16/07/15 &17/07 /15 17/07/15 gan W S C Wadrup BEng (Hons), CEng, by W S C Wadrup BEng (Hons), CEng, MICE, FCIHT. MICE, FCIHT. Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 11 Medi 2015 Date: 11 September 2015 HIGHWAYS ACT 1980 ACQUISITION OF LAND ACT 1981 THE SWANSEA TO MANCHESTER TRUNK ROAD (A483) AND THE NEWTOWN TO ABERYSTWYTH TRUNK ROAD (A489) (NEWTOWN BYPASS AND DETRUNKING) ORDER 201- THE SWANSEA TO MANCHESTER TRUNK ROAD (A483) AND THE NEWTOWN TO ABERYSTWYTH TRUNK ROAD (A489) (NEWTOWN BYPASS SIDE ROADS) ORDER 201- THE WELSH MINISTERS (THE SWANSEA TO MANCHESTER TRUNK ROAD (A483) AND THE NEWTOWN TO ABERYSTWYTH TRUNK ROAD (A489) NEWTOWN BYPASS) COMPULSORY PURCHASE ORDER 201- Cyf Ffeil/File Reference: APP/T6850/15/516057 www.planningportal.gov.uk/planninginspectorate 1 Report: APP/T6850/15/516057 GLOSSARY AND ABBREVIATIONS USED IN THIS REPORT WG Welsh Government COBA Cost Benefit Analysis of the Department of Transport/Welsh Government TUBA Transport Users Benefits Appraisal BCR Economic Benefits to Costs Ratio DMRB The Design Manual for Roads and Bridges - Department of Transport and the Welsh Government SRO Side Roads Order CPO Compulsory Purchase Order LDP Local Development Plan of Powys County Council ES Environmental Statement for the scheme EIA Environmental Impact Assessment SIAA Statement to Inform an Appropriate Assessment PMA Private Means of Access to property NERC Act Natural Environment and Rural Communities Act 2006 WelTAG Wales Transport Planning and Appraisal Guidance SSSI Site of Special Scientific Interest AIES Assessment of the Impacts on European Sites AQMP Air Quality Management Plan NMU Non motorised users- pedestrians, cyclists & equestrians AADT Annual average daily traffic flows (over a 24 hour period) vpd Vehicles per day obo On behalf of clients or parties to the Inquiry WG Prefix of Welsh Government evidence-in chief DD Prefix for documents deposited for public scrutiny S Prefix for Supporters’ evidence R Prefix for those making representations O Prefix for Objectors’ evidence ID Prefix for Documents raised and submitted during the Inquiry period. ECHR European Convention on Human Rights 2 Report: APP/T6850/15/516057 TABLE OF CONTENTS CASE DETAILS 4 SUMMARY OF RECOMMENDATIONS 5 1. PREAMBLE 6 2. PROCEDURAL AND LEGAL MATTERS 8 3. DESCRIPTION OF SURROUNDINGS 8 4. THE CASE FOR THE WELSH GOVERNMENT 9 5. THE CASE FOR THE SUPPORTERS 28 6. THE CASE FOR THE OBJECTORS 31 7. THE CASE FOR THOSE MAKING REPRESENTATIONS 47 8. GOVERNMENT RESPONSE TO OBJECTIONS AND REPRESENTATIONS 49 9. THE ALTERNATIVES TO THE DRAFT ORDERS 71 10. CONCLUSIONS 80 11. RECOMMENDATIONS 114 ANNEX A - APPEARANCES AT THE INQUIRY 116 ANNEX B - SUPPORTING DOCUMENTATION 117 ANNEX C - MODIFICATIONS SOUGHT BY WELSH GOVERNMENT 125 ANNEX D - MODIFICATIONS RECOMMENDED BY THE INSPECTOR 127 3 Report: APP/T6850/15/516057 CASE DETAILS The Welsh Government’s trunk road improvement proposal, known as The Newtown Bypass, is hereinafter referred to as “the scheme” in this report. References to Inquiry documentation are given in the brackets that follow each section of the report. The draft Line Order would be made under Sections 10 and 12 of the Highways Act 1980 and is known as: THE SWANSEA TO MANCHESTER TRUNK ROAD (A483) AND THE NEWTOWN TO ABERYSTWYTH TRUNK ROAD (A489) (NEWTOWN BYPASS AND DETRUNKING) ORDER 201- (DD001). The draft Side Roads Order would be made under Sections 12, 14, 125 and 268 of the Highways Act 1980 and is known as: THE SWANSEA TO MANCHESTER TRUNK ROAD (A483) AND THE NEWTOWN TO ABERYSTWYTH TRUNK ROAD (A489) (NEWTOWN BYPASS SIDE ROADS) ORDER 201- (DD002). The draft Compulsory Purchase Order would be made under Sections 239, 240, 246, 250, and 260 of the Highways Act 1980 and under Section 2 and paragraphs 1(1)(b), (3) and (4) of Part 1 of Schedule 2 to the Acquisition of Land Act 1981 and is known as: THE WELSH MINISTERS (THE SWANSEA TO MANCHESTER TRUNK ROAD (A483) AND THE NEWTOWN TO ABERYSTWYTH TRUNK ROAD (A489) NEWTOWN BYPASS) COMPULSORY PURCHASE ORDER 201 - (DD003). The draft Line Order and draft Side Roads Order (SRO) were published on 28 November 2014 and the objection period ended on 23 January 2015. The draft Compulsory Purchase Order (CPO) was published on 9 January 2015 and the objection period ended on 30 January 2015 (ID2, DD010, DD011, DD013, DD014). The scheme was subject to an Environmental Impact Assessment, in accordance with Section 105A of Part V of the Highways Act 1980 (as amended) and EC Directive 2011/92/EU (DD016). An Environmental Statement (ES), a Non-Technical Summary of the ES and a Statement to Inform an Appropriate Assessment (SIAA) were published on 28 November 2014. The periods for comment on those documents ended on 23 January 2015 (DD004-DD009, DD012, DD018). The Orders, if made, would authorise the Minister, acting on behalf of the Welsh Government, to construct the Newtown Bypass and transfer responsibility for lengths of the A483 and A489 that currently pass through the town as trunk roads, to Powys County Council. 4 Report: APP/T6850/15/516057 SUMMARY OF RECOMMENDATIONS I recommend that the draft Line Order be made. I recommend that the draft Side Roads Order be modified and, as modified, be made. I recommend that the draft Compulsory Purchase Order be modified and, as modified, be made. 5 Report: APP/T6850/15/516057 1 PREAMBLE 1.1 I was appointed by the Minister for Economy, Science and Transport, one of the Welsh Ministers, pursuant to Paragraph 7 of Schedule 1 of the Highways Act 1980 and Schedule 13 (2) of the Acquisition of Land Act 1981, to conduct concurrent Public Local Inquiries into the above draft Orders and to report to the Welsh Ministers. For ease of reference I shall refer to the concurrent Public Local Inquiries as “the Inquiry” in this report (DD019, DD020, DD201, DD202, DD203, DD204). 1.2 I held a Pre-Inquiry meeting at the Elephant and Castle Hotel, Broad Street, Newtown on 30 April 2015. A note of the meeting was sent to all persons who had registered at the meeting or had made objection or representation about the draft Orders. The note is at Inquiry Document 1 (ID1) (DD019). 1.3 I also held the Inquiry at the Elephant and Castle Hotel, Broad Street, Newtown, over 12 days between 25 June 2015 and 15 July 2015. In the order of 250 members of the public attended the Inquiry (DDO19, DD020). 1.4 I undertook an unaccompanied site inspection on 24 June 2015 and two targeted and accompanied site inspections on 16 and 17 July 2015. 1.5 There were 78 objections and 7 representations submitted before the end of the Inquiry. All were considered. At the end of the Inquiry 72 objections remained unsatisfied. The Welsh Government received 133 expressions of support for the principle of the scheme. 1.6 Five alternatives to the scheme were advanced by objectors for consideration before the start of the Inquiry and in accordance with the programming stipulation for such alternatives set at the Pre-Inquiry meeting. The Welsh Government developed these into realistic engineering proposals during the early days of the Inquiry. All received some support from members of the public and counter-objection from interested individuals, companies or authorities. 1.7 Seven witnesses gave evidence at the Inquiry on behalf of the Welsh Government. Six supporters and 26 objectors appeared at the Inquiry or were represented. Three counter-objector to 3 of the alternative proposals appeared. 1.8 At the end of the objection period the main grounds for objection to the draft Orders were: the scheme is not justifiable, it would not offer value for money and would adversely affect businesses there are two better alternative routes for the bypass that would utilise the Mochdre Industrial Estate access road corridor, thereby removing the threat of the scheme on the Mochdre Bridge area at its eastern end the scheme should be moved eastwards away 6 Report: APP/T6850/15/516057 from dwellings, thereby avoiding the demolition of residential and agricultural buildings the proposed Dolfor Road roundabout, the associated industrial estate access and attenuation pond should be removed from the scheme the severe effect on Black Hall Farm justifies a redesign of the proposals to reduce those effects at Lower Brimmon the carriageway should be moved northwards to avoid a veteran oak tree, an established pond and the proximity of the farmhouse the harmful effects on the Glandulas Holiday Caravan Park east of Wern Ddu Lane the proposed westbound carriageway lay- by would threaten security and privacy the scheme would damage farms and agriculture and there would be insufficient agricultural crossings over or under the road the roundabouts would not cater adequately for cyclists the attenuation ponds would be inappropriately positioned the significant earthworks would cause a scar across the attractive rural landscape to the south of Newtown the scheme would introduce traffic noise and visual intrusion into the relatively quiet countryside and fine landscape and would affect the human rights of individuals too much land is included in the CPO and this could be reduced by the removal of some areas intended for landscape mitigation and for the proposed 2+1 carriageway relative to a less wide single 2-lane carriageway which should suffice there have been insufficient guarantees that water supplies would be maintained to dwellings and farms and mains should be protected where they would pass beneath the embankments. 1.9 The Welsh Government confirmed that all the Statutory Procedures had been properly completed before the start of the Inquiry (WGO1/B, ID2).
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