Report to the Secretary of State for Transport and the Secretary of State for Communities and Local Government by Christopher Millns BSc (Hons) MSc CEng FICE FCIHT an Inspector appointed by the Secretary of State for Transport and the Secretary of State for Communities and Local Government Assisted by Inspector Brendan Lyons BArch MA MRTPI IHBC Date: 7 January 2013 TRANSPORT AND WORKS ACT 1992 TOWN AND COUNTRY PLANNING ACT 1990 PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 ACQUISITION OF LAND ACT 1981 ASHTON VALE TO TEMPLE MEADS AND BRISTOL CITY CENTRE RAPID TRANSIT ORDER 201[] APPLICATION FOR DEEMED PLANNING PERMISSION APPLICATIONS FOR LISTED BUILDING AND CONSERVATION AREA CONSENT APPLICATION FOR EXCHANGE LAND CERTIFICATE Inquiry opened: 22 May 2012 Ref: DPI/Z0116/11/24 REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 TABLE OF CONTENTS GLOSSARY CASE DETAILS 1 PREAMBLE 1 2 PROCEDURAL MATTERS 3 3 DESCRIPTION OF THE SCHEME AND ITS SURROUNDINGS 4 4 THE CASE FOR THE PROMOTERS 8 General Introduction 8 Approach 8 Scheme Evolution and Design 9 Modelling and Alternatives 12 Delivery 20 Commitment 21 The Bus Operators 21 Funding 22 Bristol Harbour Railway 23 Landowners 25 Walkers & Cyclists 25 Heritage 29 Ashton Avenue Bridge 30 Prince Street Bridge 30 The City Docks Conservation Area 31 Landmark Court/Cumberland Road Residents 36 Ashton Fields 38 Acquisition of Land Act Section 19 40 Statement of Matters 43 Conclusion 54 5 THE CASE FOR THE SUPPORTERS 54 i REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 6 THE CASE FOR THE OBJECTORS 55 Long Ashton Parish Council 55 The Bristol Civic Society 57 Bristol Industrial Archaeology Society 63 Transport for Greater Bristol Alliance 64 SUSTRACO 71 TramForward 73 Rail Future 74 South West Transport Group (SERA) and South West Transport 74 Network Mike Ginger, John Grimshaw, Martin McDonnell (On behalf of Bristol 75 Cycling Campaign) and Terry Miller (CTC Right to Ride Representative) The Ramblers (Avon Area and Bristol Group) 78 The Friends of the Avon New Cut 88 SAVE and Ashton Vale Heritage Group 89 The Point Residents 90 David Martin 90 Chris Hanmer 92 Margaret Heneghan 93 Dominic Robinson 94 Mark Robinson 94 Derek Hughes and Sara Worth 94 Susan Flint 95 Stephen Layland 96 Hugh Pratt 97 David Gott 97 Gavin Smith 98 Andrew Spearman 100 Jane Miller 103 Stephen Wickham 103 Ann Wickham 105 British Railways Board (Residuary) Limited 105 Other Written Representations 105 7 CONCLUSIONS 107 Aims, Objectives and the Need (Matter 1) 107 Justification for the Proposals (Matter 2) 107 Transportation Benefits 107 ii REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 Regeneration Benefits 120 Environmental Benefits 120 Socio-economic Benefits 121 Alternatives (Matter 3) 121 Consistency with national and local policies (Matter 4) 127 National Policy 127 Local Policy 128 Impact of constructing and operating the scheme:(Matter 5) 129 Noise and vibration 129 Air quality 132 Water resources, flood risk and contamination 134 Navigable waterways 136 Landscape, visual amenity and Green Belt 137 Archaeology, setting of listed buildings and conservation areas 139 Leisure/tourist interests 147 Land use 147 Utilities 149 Network Rail and British Railways Board (Residuary) Limited 149 Open space 150 Town and Village Green 152 Impacts of the scheme during construction, and during operation: 152 (Matter 6) Pedestrians and cyclists 152 Private and commercial motorised road users 159 Bus and coach services 161 Rail services 161 Ecological interests (Matter 7) 162 Mitigation Measures (Matter 8) 164 Code of Construction Practice 164 Construction Environmental Management Plan 165 Diversions of Rights of Way 165 Environmental impacts 165 Environmental impacts after mitigation 166 Adequacy of the Environmental Statement (Matter 9) 166 Conditions attached to deemed planning permission (Matter 10) 167 Funding (Matter 11) 168 Compulsory purchase powers (Matter 12) 170 iii REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 Consent of the Crown Estate (Matter 13) 171 Changes to the draft TWA Order (Matter 14) 171 Effect on Prince Street Bridge (Matter 15) 171 Effect on Vauxhall Bridge (Matter 16) 173 Effect on Ashton Avenue Bridge (Matter 17) 173 Effect on the City Docks Conservation Area (Matter 18) 176 Overall Conclusions 180 8 RECOMMENDATIONS 182 APPENDICES 183 APPENDIX A - APPEARANCES 183 APPENDIX B – DOCUMENTS AND PLANS 187 APPENDIX C – DEEMED PLANNING PERMISSION - RECOMMENDED 205 CONDITIONS APPENDIX D – LISTED BUILDING CONSENT PRINCE STREET BRIDGE 211 - RECOMMENDED CONDITIONS APPENDIX E – LISTED BUILDING CONSENT ASHTON AVENUE 212 BRIDGE - RECOMMENDED CONDITIONS APPENDIX F – CONSERVATION AREA CONSENT CUMBERLAND ROAD 213 - RECOMMENDED CONDITIONS APPENDIX G – CONSERVATION AREA CONSENT JUBILEE HOUSE - 214 RECOMMENDED CONDITIONS APPENDIX H – MATTERS RECOMMENDED FOR CONSIDERATION BY 215 BRISTOL CITY COUNCIL AND NORTH SOMERSET COUNCIL iv REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 GLOSSARY AAB Ashton Avenue Bridge ALA Acquisition of Land Act AOD Above Ordnance Datum AQMA Air Quality Management Area AVTM Ashton Vale to Temple Meads BAFFB Best and Final Funding Bid BCC Bristol City Council BCFC Bristol City Football Club BCR Benefit to Cost Ratio BCS Bristol Civic Society BHR Bristol Harbour Railway BRBRL British Railways Board (Residuary) Limited BRT Bus Rapid Transit CA Conservation Area CAAP Central Area Action Plan CABE Commission for Architecture and the Built Environment CAC Conservation Area Consent CCTV Closed Circuit Television CEMP Construction Environmental Management Plan CGB Cambridge Guided Busway CIL Community Infrastructure Levy CO2 Carbon dioxide CoCP Code of Construction Practice CPO Compulsory Purchase Order CS Core Strategy DAS Design and Access Statement Defra Department for Environment, Food and Rural Affairs DfT Department for Transport EA Environment Agency EH English Heritage EMLP Ecological and Landscape Management Plan ES Environmental Statement EZ Enterprise zone FrANC Friends of Avon New Cut GBBN Greater Bristol Bus Network -v- REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 GBSTS Greater Bristol Strategic Transport Study ha Hectares HGV Heavy Goods Vehicle JLTP Joint Local Transport Plan km Kilometres LAPC Long Ashton Parish Council LBC Listed Building Consent LRT Light Rapid Transit LTP Local Transport Plan m Metres MfS2 Manual for Streets 2 mm Millimetres mppa Million passengers per annum MSBC Major Scheme Business Case NE Natural England NR Network Rail NS North Somerset NSC North Somerset Council P & R Park and Ride pa Per annum PFI Private Finance Initiative PROW Public Rights of Way PSB Prince Street Bridge QPS Quality Partnership Scheme RPS Residential Parking Scheme RTPI Real Time Passenger Information Re-x Re-examination SBL South Bristol Link SBR Supplementary Business Rate SDG Steer Davies Gleave SERA South West Transport Group SNCI Site of Nature Conservation Interest SRO Senior Responsible Owner SSSI Site of Special Scientific Interest SUSTRACO The Sustainable Transport Company SWOT Strengths Weaknesses Opportunities Threats -vi- REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 SWTN South West Transport Network TfGBA Transport for Greater Bristol Alliance TRO Traffic Regulation Order TUBA Transport User Benefits Appraisal TVG Town and Village Green TWA Transport and Works Act 1992 ULR Ultra Light Rail VIG Visual Identity Guidelines WEP West of England Partnership WHO World Health Organisation WPL Workplace Parking Levy xx Cross examination -vii- REPORT TO THE SECRETARY OF STATE FOR TRANSPORT AND THE SECRETARY OF STATE FOR COMMUNTIES AND LOCAL GOVERNMENT FILE REF: DPI/Z0116/11/24 CASE DETAILS This draft Order which is known as The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 201[] would be made under Sections 1 and 3 of the Transport and Works Act 1992 (TWA). In connection with the application, a direction is also being sought for deemed planning permission under Section 90(2A) of the Town and Country Planning Act 1990. Two applications for listed building consent and two applications for conservation area consent are made under Section 10 of the Planning (Listed Buildings and Conservation Areas) Act 1990.1 An application is made for a certificate under Section 19(1)(a) of the Acquisition of Land Act 1981 with respect to the proposed use of open space land and the land proposed to be given in exchange. The applications for the Order and for deemed planning permission were made on 10 June 2010. The applications for the listed building and conservation area consents were made on 16 June 2011. The application for an Exchange Land Certificate was made on 23 July 2010. The Order if made and the applications if granted would authorise and enable the Promoters (Bristol City Council and North Somerset Council) to construct and operate a guided busway system between the Long Ashton Park and Ride site and Prince Street Bridge and the associated realignment