Under the Acquisition of Land Act 1981

CORNWALL COUNCIL (“THE ACQUIRING AUTHORITY”)Under the Acquisition of Land Act 1981 Highways Act 1980 and Compulsory Purchase (Inquiries Procedure) Rules 2007 Highways (Inquiries Procedure) Rules 1994 Document title THE CORNWALL COUNCIL (CAMBORNE POOL REDRUTH) (HIGHWAY IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2011 and THE CORNWALL COUNCIL (CAMBORNE POOL REDRUTH) (HIGHWAY IMPROVEMENTS) (CLASSIFIED ROAD) (SIDE ROADS) ORDER 2011STATEMENT OF CASE 2ND APRIL 2012 CONTENTSPage1. Introduction 12. Procedure 33. Purpose and Status of this Statement 64. The Need for the Scheme 75. Development of the Scheme and 15 Alternatives Considered 6. The Government’s Comprehensive 22 Spending Review7. The Scheme 268. The Orders 549. Relevant Policies and Planning History 6710. Effects of the Scheme 10511. Traffic forecasts and economic analysis 12212. Matters Raised in Objections 12913. Funding 13414. Human Rights Act 13715. Conclusion 139Annex 1 - List of Deposit Documents to which the acquiring authority will refer or put in evidence CORNWALL COUNCILSTATEMENT OF CASE1 INTRODUCTION1.1 Council resolutionOn 13 July 2011 the Executive of Cornwall Council, the Acquiring Authority (AA), resolved to make a Compulsory Purchase Order and Side Roads Order in respect of land required Rights for the construction of the Camborne Pool Redruth Highway Improvements (The scheme).1.2 THE CORNWALL COUNCIL (CAMBORNE POOL REDRUTH) (HIGHWAY IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2011 1.2.1 This document is the Acquiring Authority’s (AA) Statement of Case for the purposes of Rule 7 of the Compulsory Purchase (Inquiries Procedure) Rules 2007 and Rule 6 of the Highways (InquiriesProcedure) Rules 1994, and sets out the case which the AA will address at the Public Inquiry in support of the Compulsory Purchase Order (the CPO) and Side Roads Order (the SRO). 1.2.2 The specific enabling powers to permit the AA to obtain the necessary land and rights to construct the scheme are as follows:- 1.2.3 Acquisition of Land Act 1981 – in respect of the procedure for making, advertising and confirming the Compulsory Purchase Order.1.2.4 Highways Act 1980 Section 239: which deals with general powers for the acquisition of land for the construction of a highway.  Section 240: which deals with general powers for the acquisition of land required for, or for use in connection with, the construction of the highway.  Section 246: which deals with the acquisition of land for the purpose of mitigating any adverse effect which the existence or use of the proposed highway will have on its surroundings.  Section 250: which deals with the power to create new rights as well as the acquisition of existing ones.  Section 260 which deals with land in which the Council has already acquired and interest by agreement1 1.3 THE CORNWALL COUNCIL (CAMBORNE POOL REDRUTH) (HIGHWAY IMPROVEMENTS) (CLASSIFIED ROAD) (SIDE ROADS) ORDER 20111.3.1 The Highways act 1980 Sections 14.  Section 1251.3.2 The SRO will enable the AA to:-  stop up and improve certain lengths of highway named in the SRO;  construct new sections of highway; and  stop up and/or provide new private means of access. 2 2 PROCEDURE2.1 Making and Publication2.1.1 On 2 September 2011, the Principal Legal Officer of the AA sealed the Compulsory Purchase Order and Side Roads Order (the Orders) on behalf of the AA. The statutory procedures required by the Acquisition of Land Act 1981 were complied with. 2.1.2 The Orders were properly advertised (on the 7 September 11) and the appropriate Notices, Orders, plans, schedules and Statements of Reasons were served on the required persons, advertised in the West Briton and London Gazette newspapers and put on deposit at two Council offices (in Camborne and Truro). The CPO and SRO Notices were posted on site and maintained for six weeks.2.1.3 Error correctionA drafting error resulted in the Orders being reissued to all parties and republished. The error was in the text of the Orders and Notices referring to the western end of the scheme; the road name Dolcoath Avenue had been erroneously printed as Dolcoath Lane. There was considered to have been no resultant ambiguity and this correction to the sealed orders was certified by theCouncil’s Solicitor.2.1.4 RepublicationAfter the objection period had ended (20 October 2011) it was determined that the circulation list for the SRO had not included all the public and private, potentially interested, non-statutory bodies that may have had an expectation that they would be advised of the Orders publication. This expectation was judged to have arisen from the extensive consultations which had been held over the previous 4 years to keep these interested bodies informed and engaged.2.1.5 Three utility providers affected by the scheme (South West Water, BritishTelecom and Wales and West gas) had also been omitted from the circulation list when the Orders were first published, therefore the CPO Notice was served3 on them. 2.1.6 In order to ensure compliance, both CPO and SRO Notices were republished in the newspapers, posted and maintained on site (for seven weeks) and the CPONotice and SRO were issued to all parties (including some 62 additional non- statutory bodies) on 15 December 2011. 2.1.7 The Schedule on the CPO Notice was expanded to include a description of all the land required. The second objection period ended on the 3 February 2012.2.2 Response to the Orders2.2.1 After the closure of the first objection period for the CPO and SRO on 20 October 2011, the Department for Transport’s National Casework Team, Newcastle, advised the AA in a letter dated 23 November 2011 that a Public Inquiry should be held. DfT described the following persons as statutory objectors for the purposes of the Inquiry. The objections received were: OBJ01 - Network Rail OBJ02 - Mrs S P Wherry OBJ03 - Philip Whear OBJ04 - Dudley Car Sales OBJ05 - Baseresult Holdings Ltd, Crofty DevelopmentsLtd, Studyhomes No 80 Ltd &Western United Mines OBJ06 - Tesco Stores Ltd OBJ07 - Sunlight Service Group Ltd OBJ08 - B&Q Plc OBJ09 - Richfords Fire & Flood Ltd OBJ10 - Mr S M Richford OBJ11 - Mr I Moore4  OBJ12 - Tescan Limited OBJ13 – Tescan Pension Trust OBJ14 - Western Power DistributionThree non-statutory objections had been received by the National Casework Team: OBJ15 Mrs VR Oldfield OBJ 16 Carn Brea Leisure Centre OBJ 17 Montagu Evans for McDonalds Restaurants Ltd and David WynneThe Council advised the Department for Transport that one objection had been sent directly to them. Namely: OBJ 18 – Mr Eddy on behalf of Mr Arthur (Church View Farm)One supporting letter had been received by the National Casework Team: CPR Regeneration 2.2.2 After the closure of the republication objection periods for the CPO and SRO on 3 February 2012, the Department for Transport’s National Casework Team, Newcastle, again advised the AA, in a letter dated 23 February 2012, that a Public Inquiry would be held. The Department forTransport noted, in addition to the previous objectors, the following persons as additional statutory objectors for the purposes of the Inquiry:  OBJ 19 – South Crofty Tyres (Mr & Ms Huttel) OBJ 20 – Tuckingmill Investments Ltd OBJ 21 – Camborne Town Council5 3 PURPOSE AND STATUS OF THIS STATEMENT3.1 The AA reserves the right to supplement the issues to be addressed and produce further documents and evidence in the light of clarification of objections in any statements of case to be served by other parties to the Inquiry. 3.2 In accordance with the aforementioned rules, a copy of this Statement has been served on the Secretary of State and on each statutory objector (known at the time of writing). In addition, copies of this statement and the documents listed in Annex 1, to which the AA will refer or put in evidence, have been deposited at the following places, where during the stated times they can be inspected and arrangements made for copying as necessary from 4 April 2012 until the end of the Public Inquiry. LOCATION 1 – Cornwall Council, New County Hall, Truro, TA1 3AYMonday to Friday between 08-30 am and 17-00 pmLOCATION 2 – Cornwall Council, Dolcoath Avenue, CamborneMonday to Friday between 08-30 am and 17-00 pmThe Statement has also been placed on the Council’s website.6 4 NEED FOR THE SCHEME4.1 Existing Conditions 4.1.1 The Cornish mining towns of Camborne, Pool and Redruth (CPR) together form a five mile long continuous corridor of urban development along the A3047. These towns are bounded by the A30 to the north, and the main London to Penzance railway to the south. The CPR area is the largest conurbation in Cornwall with a current population of 60,100 (2010). The area became established during the 19th and 20th century as a renowned worldwide centre for its mining and engineering industries and grew due to its industrial base. However, following decades of industrial decline following the collapse of the hard rock mining industry and its supporting industries and wealth, the CPR area now suffers from high unemployment, low incomes, housing need and social exclusion for many people. Since the collapse there has been long term underinvestment in the area to address these problems.4.1.2 CPR has a legacy of derelict, contaminated, and previously developed urban sites associated with its mining and industrial heritage that are now inherently difficult and costly to develop. As a result, many of these sites have remained undeveloped, with little market interest or investment to progress development and regeneration for many yearsDevelopment prospects are inhibited by the economic viability in addressing site conditions and providing the required transport and other infrastructure to support development proposals. The chronic overall decline of the area, and high redevelopment costs, have led to a lack of developer interest in investing in the CPR area.The result of this has been a continuation of the low wages and weak skill bases generally prevalent in the area, and the resultant impact on employment and housing needs experienced within CPR.4.1.3 In December 2001, the CPR Urban Framework Plan (UFP) was published, and which created a framework to guide the regeneration of the CPR area. This independent study set out a strategic direction and underlying principles needed to create high quality urban environment through regeneration for CPR.These included an improved transport system and transport linkages, better access to the A30 trunk road and removing local congestion along the A3047spine road. Further themes included 7 promoting a business gateway for Camborne, regenerating derelict land and sites and removing pressure on Greenfield sites for housing.4.1.4 Realising the need for, and difficulties of delivering, regeneration within CPR, and to address these issues in the CPR corridor, the Government established the CPR Urban Regeneration Company in 2002 (owned and funded by the then Kerrier District Council, English Partnerships, SW Regional Development Agency and Cornwall County Council). Its purpose was to work in partnership with local authorities, government agencies, and stakeholders to develop integrated proposals to bring about economic growth that would help to address the legacy issues prevalent within the CPR area. The Government had recognised that the cost of remediation and development of contaminated brownfield sites, within the old mining areas, is expensive and that capital and rental values within the area are relatively low. Thus, these reduce the viability of commercial and housing development in the corridor for the private sector and act as a brake on regeneration. Government, therefore, further recognised that public sector support was, and is, critical to reduce the infrastructure costs that would allow developments to be delivered and CPR Regeneration was formed to act as an enabling organisation and a catalyst for regeneration. 4.1.5 Following the Urban Framework Plan, a Transport Strategy for the CPR area was commissioned in 2003, and this assessed needs and identified the necessary transport infrastructure whichj needed to be developed in the CPR area.4.1.6 The European Union (EU) has recognised the fact that Cornwall’s GDP per capita, as a percentage of national GDP per capita, is below the threshold level for intervention which entitles Cornwall to support from various EU funded programmes. Cornwall also falls within the 20% band of the most deprived areas in the country (based on a multiple index) and was granted Objective One funding status, bringing support for specific projects across the County. Social deprivation is widespread and wide ranging throughout CPR and not confined to individual small pockets and hence area wide action is required rather than targeted local interventions. The EU Objective One funding programme was succeeded by the ERDF Convergence Funding programme which has been available to support eligible projects throughout Cornwall including the CPR area. It was announced in March 2012 that despite previous support 8 Cornwall still remains relatively deprived, across a broad range of criteria, with low generated wealth indicators. These remain at a level where it is likely that Cornwall will be eligible to receive further European investment beyond the end of the current Convergence Programme in 2015. Given that the CPR area is one of the more deprived areas in the County, it is therefore likely that regeneration projects may continue to be supported by EU investment. Whilst the availability of EU grants to support private sector investment is very important, the fundamental fact is that without the appropriate transport infrastructure to serve development being put in place by the public sector, many developments will still not be viable given the higher than usual costs associated with remediating their sites.4.2 Traffic Capacities4.2.1 The A3047 is a highly trafficked east-west transport corridor linking the CPR settlements together. It serves a mix of residential, retail, business, and industrial areas and suffers frequent congestion.Any redevelopment of the CPR area will be constrained unless the existing highway network is relieved and additional highway capacity provided to serve growth and development. In the first instance better use of the existing highway infrastructure is the preferred way forward but this can only deliver limited increases in capacity. Sustainable development and transport initiatives have a role to play also but there are limitations over what can be achieved by these means alone.Transport studies carried out for the area have identified the existing constraints and led to a Transport Strategy being developed in 2003 which identified the needs for the area and proposed solutions. This included both making better use of the existing highway infrastructure and providing some new capacity by way of new routes.4.2.2 A key constraint on development was the A3047 East Hill junction at the junction in Pool. Interim improvements at the junction were completed inJanuary 2010, which included traffic signals and the widening of the approach from the A30 trunk road. These improvements provided capacity for the early 9 development proposals in the area, and have been successful in allowing these to be realised. Despite this, however, capacity at East Hill still severely constrains further development. Delays would not only affect commuters, business, and leisure users, but also queues and delays will impact on bus services, increasing journey times and contributing to unreliability4.3 Mining4.3.1 The old industry of hard rock mining is in the process of a renaissance and South Crofty Mine is in the process of being reopened. Mineral extraction is now once again economically viable with trace elements and minerals increasingly valuable and providing new markets in modern technology based industries – the proud local heritage has the potential to become the vanguard of a new industrial age, strengthen the local opportunity in terms of employment, and boost business confidence in the area. Skilled industries needed to support the mining operation will be attracted to the area if the appropriate infrastructure is in place to facilitate this..4.3.2 Agreements on land transfers between the Council and the mine owners are now in place which will enable modern mining plant to be installed and the mine to be relocated. Planning consents have been granted, and this will release land which can then be redeveloped when the Scheme is completed to provide the necessary new access. As well as providing a corridor to accommodate the new road link this will also open up adjacent brownfield development sites. The Scheme will enable this modernisation to proceed and create much needed jobs and investment for the future.4.4 Traffic modelling and forecasting In order to forecast the impact of the Transport Strategy, a traffic model was developed of the Camborne/Pool/Redruth area. Traffic forecasts have been produced with and without the published scheme (which is Stage 1 of theTransport Strategy), taking account of forecast developments in theCamborne/Pool/Redruth area. It has been demonstrated that the Scheme is essential to accommodate forecast development to meet employment and housing forecasts up to 2030. Highway capacity will, therefore, no longer be a 10 constraint on regeneration in the area.4.5 Transport Strategy Projects Already DeliveredAs part of the overall transport strategy for the CPR area a partnership of local authorities and Government agencies were able to invest £8m to deliver the Barncoose Link Road in 2008 and the East Hill Junction improvement scheme in 2010. These projects were funded using a combination of EU Grants, Local funding, and Government support.These improvements were seen as essential in order to commence incremental development in the area with what resources were available at the time. SWRDA’s CPO powers were used alongside the improvement powers of the Highway Authority demonstrating the high level of partnership working that was in place.Additionally, the construction of the East Hill scheme unlocked a number of developments that were being held up by Highways Agency Directions and Grampian Conditions. These had been invoked due to its concern over the local road capacity at East Hill, and the possibilities of queues extending back to the A30 trunk road at Tolvaddon. Following the construction of the East Hill junction improvement scheme the Agency removed these conditions and developments were able to proceed. As a result of these road schemes, private sector confidence has risen and several new business developments have been completed in the area or are currently under construction. These include Carn Brea Business Park and Barncoose Industrial Estate, off Wilson Way, and Trevenson Park South. These, however, represent a small proportion of the overall regeneration effort required to ensure that the economic transformation of the area is achieved, but they do, however, demonstrate that targeted transport infrastructure delivery can be a key driver to promote economic growth and regeneration in the area. Implementation of the Scheme is an integral and essential part of planning for economic growth; without it, the existing transport network would be inadequate to cater for natural and planned economic growth.11 4.6 Needs of Non-motorised usersThe A3047 corridor is difficult for cyclists and traffic delays and congestion results in unreliable public transport. This will only get worse with time if development is allowed. The Council cannot pursue its policy to reduce the dependency on motor vehicles on the A3047 without some measure of traffic relief which would then enable public transport improvement schemes to be developed.The Scheme will result in traffic relief for the A3047, particularly to the East of East Hill junction, and will also extend and improve the inadequate provisions for cyclists in the area by providing new, connected routes. Overall the Scheme will facilitate better public transport in the area by improving reliability. The overall Transport Strategy seeks to create a high quality public transport corridor along the A3047 and the Scheme is central to achieving this in the future.4.7 The Scheme’s importance and ImpactsThe key features of the Scheme are the creation of a new East - West route in the CPR corridor and the improvement of the North - South link connecting to the A30 Trunk Road. These routes are an essential pre-requisite for regeneration in the area and lie at the heart of the approved development plans. This is reflected within all the proposals prepared by the various economic development and regeneration agencies that have been actively working in the area. Without the scheme, regeneration and economic growth will fail to materialise4.7.1 Extensive public consultation has ensured that the emerging Local Development Frameworks, with their Core Strategies and Town Plans for the development areas adjacent to the road corridor, involve and benefit existing communities. These include proposals at Mayne’s site, Trevenson Park South, Trevenson Park North, East Hill Gateway, Gas Lane and the master plans for Dudnance Lane and for Trevenson Road Implementation Plan (TRIP).4.7.2 The Scheme, by providing a new East-West road, will provide access to these development areas and will reduce traffic and congestion on some sections of the A3047 and its junctions in the corridor. Without the scheme these development proposals will not be able to be completed due to highway capacity constraints and lack of infrastructure.12 The scheme will, in due course, enable public transport improvements to be implemented, thereby meeting a key Council objective of reducing reliance on transport by private cars.The road scheme will include significant additional facilities for cyclists and pedestrians – with a continuous route linking residential, business and amenities, with connection to the Red River valley.4.7.3 The scheme is needed to further relieve the East Hill junction which, despite recent improvement, will reach capacity in the next few years – once again compromising the access to planned developments.If these planned sites cannot proceed because the Scheme is not delivered, then there will be pressure for the associated new housing to be delivered on other, less acceptable, Greenfield sites outside of the existing urban envelope rather than the proposed Brownfield sites within the existing built environment.4.7.4 Within the evolving development plans, housing needs have been assessed and land allocations in the area to meet these needs identified. These include new developments adjacent to the proposed road, such as Tuckingmill Urban Village, and others remote from the road but which depend on increased highway capacity being available. Much of the character of the area of poor standard and new developments will include amenities, parkland and new housing which will be shared assets – helping to revitalise not just the local economy but also the community’s spirit. A new school is proposed to be built within the Tuckingmill development, and the existing bowling green nearby will be retained within a central village square. Green corridors will link to other areas of interest and provide access to leisure and commuter routes.4.7.5 The Scheme is also needed to open up opportunities, after reclamation, for mixed development such as these, to be developed within the contaminated and disused areas of the South Crofty mine. 4.7.6 The Heartlands Park project, located off Dudnance Lane, is a new major attraction and a valuable local asset. The Scheme will provide a new junction to provide access to and from theA30 Trunk Road, via Tolvaddon Road.4.7.7 The Council believes that the Scheme is essential in bringing about major community 13 transformation by facilitating economic growth and regeneration developments through the provision of appropriate transport infrastructure that can not reasonable be expected to be delivered by the private sector.4.8 Objectives for the Scheme to meet the needsThe primary objectives of the scheme to meet the needs of the CPR area are:  To create a new East to West route to relieve the existing A3047 thereby reducing congestion; to provide the necessary transport infrastructure to enable planned, sustainable, economic growth to take place in the Camborne, Pool, Redruth corridor; encouraging private sector investment and facilitating the creation of up to 5540 jobs and 6670 new homes in the CPR area by 2030; to facilitate future improvements to public transport and the urban environment on the existing A3047. 14 5 DEVELOPMENT OF THE SCHEME AND ALTERNATIVES CONSIDERED5.1 Camborne-Pool-Redruth Transport Strategy5.1.1 The Camborne-Pool-Redruth Transport Strategy was commissioned in 2003 and studied the transport needs and problems in the CPR area and proposed a package of solutions to address the issues raised. Amongst the solutions proposed was a major highway scheme for a new single carriageway east/west route through the CPR area, midway between the existing A3047 and the railway, together with a dual carriageway north/south route running alongDudnance Lane, Pool north to the Tolvaddon junction with the A30 trunk road.5.1.2 Given the cost of this major scheme was over £5m, the funding route to be followed would consist of a bid to Government for Major Scheme funding, supported by local resources. Thus a Business Case would need to be developed and submitted to the DfT for approval. In order to achieve funding approval from Government, the scheme would have to be endorsed through the Regional Assembly as a priority transport scheme for funding in the South West Region.In 2006, the Regional Assembly confirmed the scheme in its programme of transport projects for the South West to be taken forward for funding through the Regional Funding Allocations process for the period 2006-2016.Effectively, this gave approval to submit the Major Scheme Business Case to the DfT for assessment.5.2 Major Scheme Business Case (2005)5 Mott MacDonald (MM), in association with Social Research Associates (SRA), was appointed on 16 September 2005 by Cornwall County Council (CCC) to prepare a Local Transport Plan Major Scheme Business Case (MSBC) for theCamborne Pool Redruth (CPR) Transport Strategy. An inception report outlining MM’s approach to the project was published in November 2005. A purely public transport solution was not considered to be sufficient to address the transport needs of the area.. 15 5 Assessment of options Mott McDonald developed the MSBC, which included their assessment of route options for the proposed east/west link. Appendix J, Options Report for the East West Link explained how the route options and various permutations of options were analysed. It described the qualitative methodology which enabled a comparative assessment to be made of the strengths and weaknesses of each potential route – considering the critical impacts and objectives. The key assessment criteria were:  Employment and Housing Public Transport Highway network benefits Environmental impact Engineering and costs5.2.3 A number of options for each section of the East West link were identified by CCC in consultation with local stakeholders. Options were identified for the complete route by selecting viable combinations of the proposed sections combined into ‘northern’, ‘middle’ and ‘southern’ route alternatives. The assessment focussed on the main variants for each of these alternatives, then on a number of sensible sub-variants that were identified in each case. A constraints map was produced to assist the assessment. 16 Figure 1 – from the MSBC Appendix J, Route Options East West Link RoadThe most southerly combination around the Carn Brea sports ground, with the southern/middle route across South Crofty (dotted line), proved to be the optimum alignment and this was adopted as the Preferred Route. It was developed in more detail for inclusion in the Major Scheme Business Case (MSBC).5.2.4 The rejected route options for the new road (mostly longer and more costly) had taken alignments across development, private and commercial land and were considered to be not viable – mostly either due to the operational advantages not outweighing additional costs or the environmental impact outweighing the potential highway and regeneration benefits. They would not have provided adequate or better scheme benefits. 5.2.5 The Preferred Route was further appraised at consultations and workshops. The MSBC adopted this finally agreed Preferred Route which was then developed into the Major Scheme Business Case submission to the Department for Transport.5.2.6 This MSBC was submitted to the Department for Transport in August 2006. A decision by the Transport Minister on 20 June 2008 approved a £34.51 million Government contribution towards the £45million cost of “this major new scheme in the region”.17 Thus the scheme gained Programme entry status and was included in the Regional Assembly’s approved programme of major transport schemes to be funded and implemented in the period 2006-2016 subject to the completion of all the required planning and statutory procedures.5.2.7 Further development of the Preferred RouteFollowing Programme entry, further highway design was undertaken on the Preferred Route to produce more detailed scheme drawings and cost estimates. Environmental Impact Appraisals were undertaken and mitigation measures introduced. Preliminary landscaping, lighting and drainage designs were completed and the emerging scheme was presented for further consultation within the council and with government stakeholders and interested bodies. It was also shown locally at Public Consultations and Exhibitions.As the scheme details were developed preliminary proposals for the upgrading of Wilson Way were exhibited on 29 November 2006 and those for the Dudnace Lane / Station Road to Wilson Way section were exhibited on 27 July 2007.5.3 Northern Route Feasibility Study – Dolcoath to Dudnance Lane (2009)5.3.1 The original scheme (the MSBC Preferred Route), promoted at Programme Entry, featured a route from Dolcoath, passing through the southern edge of the South Crofty mine complex, to meet Dudnance Lane at the Forth Kegyn junction. Following further investigations, geotechnical studies and scheme development, the viability of this southern route was challenged due to: its impact on the investment plans for the South Crofty Mine and its future operations; poor ground conditions due to extensive near surface mining voids which would have required costly ground treatment works of unknown extent, and  the relatively high cost of a five span viaduct which was needed to cross the Red River valley at high level – due West of Forth Kegyn. 18 The further investigation of possible northern route options were therefore undertaken.5.3.2 The process of investigation of ways to avoid the constraints to the southern route effectively delayed scheme development whilst a Feasibility Study was undertaken into options to re-route the proposed road to the North of the SouthCrofty mine complex.This study showed that a northern route was superior to the original southern alignment and the Council, after consultation with the public and stakeholders, proposed this revised alignment. Although the northern route was a slightly longer route for East – West traffic than the southern option, it still satisfied the previously identified scheme objectives. The revised Northern Route (red) and the original MSBC Southern Route(blue)Dudnance LaneDolcoath Forth Kegyn5.3.3 The Executive of Cornwall Council confirmed that this alternative (red) route should be adopted in the CPR Transport Strategy. The original, MSBC southern, route then became a “rejected alternative”.5.4 Planning Applications Phasing (2008-2009)5.4.1 In order to maintain preparation progress the Council decided, during the development of the Northern Route Feasibility Study, to split the planning19 procedures for the scheme into two, free-standing, submissions.This enabled the unchanged elements of the scheme (the dualling ofDudnance Lane, the new link from Station Road to Wilson Way and the improvement of Wilson Way) to be submitted to the Planning Authority for planning approval as Phase 1 – while work on the Feasibility Study was still being undertaken.5.4.2 When the optimum northern (red) route emerged as the preferred option from the Feasibility Study work, it was then submitted to the Planning Authority for planning approval as Phase 2 (the link from Dolcoath to Dudnance Lane).This strategy successfully maintained the momentum of the scheme, kept its public profile high and retained investor confidence.5.4.3 Before the planning applications for each phase were submitted the Council held Public Consultation Exhibitions: Phase 1 was held on 24 June 2008;Phase 2 was held on 13 February 2009.5.4.4 Two separate planning consents (Phase 1 and Phase 2) were granted by Cornwall Council.1 Planning consent for Phase 1 (East Hill to Wilson Way) was granted by thePlanning Department in November 2008. 2 Planning consent for Phase 2 (Dudnance Lane to Dolcoath) was granted inJanuary 2010.An extension to the 3 year expiry date for the commencement of Phase 1 was sought,and granted by the Planning Authority, in September 2011, providing an additional 5 years consent validity. Together these consents cover the whole of the Scheme referred to in the Orders.5.4.5 The scheme has been the subject of extensive consultations – with the public and other bodies. Exhibitions and Workshops have been held during each phase and the scheme has evolved as a consequence of this wider input. The two planning consents have confirmed that the present route is the most acceptable and is the superior scheme in terms of achieving its objectives at20 optimum cost. There are judged to be no viable alternatives to the scheme in its present form which would deliver the critical objectives. None have been proposed by third parties in response to the statutory Orders publication process.5.4.6 Planning Application PhasesA30 Trunk RoadA3047Wilson Way East HillDudnance Station Lane RoadDolcoath21 6 THE GOVERNMENT’S COMPREHENSIVE SPENDING REVIEW (2010)6.1 Proposed reductions in scope and cost 6.1.1 The Council’s scheme, presented in the Major Scheme Business Case, had been accepted for Programme Entry in June 2008. The two planning consents (for Phases 1 and 2) had been granted, however, in June 2010, the government announced its comprehensive spending review and tasked all Local Authorities with identifying cost savings to their submitted Major Scheme proposals. The government’s previous road programme for local authority schemes was abandoned; the previous decision to give Programme Entry status to the scheme was cancelled.6.1.2 After further investigations, Value Engineering Workshops and reappraisal of designs, materials, quantities and costs, it was concluded that an initial scheme which defers the improvements and widening of Wilson Way and the dualling of Dudnance Lane, would not overly affect the primary objectives of creating a new East - West route to relieve the A3047 and giving improved access to growth areas. The Council therefore decided to develop the overall CPR Transport Strategy via a staged approach. The first element would comprise a “reduced scope” major scheme (called Stage 1 of the CPR Transport Strategy). The Stage 1 option had emerged after extensive consultations with affected parties, stakeholder workshops and a public exhibition held on 5 May 2010. It had strong support and the consensus was that it would meet the medium term needs of the area.Although such a reduced scope major scheme would only deliver part of the original scheme, it would still maintain private sector investment confidence in the area and enable most of the planned developments to be delivered. It would still accommodate the updated, slower, rates of predicted economic growth whilst providing adequate access for the ultimate, planned future development.6.1.3 Given the advanced state of scheme preparation in June 2010, the Council decided that this reduced scope scheme could potentially be progressed, in parallel, with the spending review process to minimise the total delay. Although the costs of design and Orders preparation would be at risk, this would keep the scheme delivery programme on track enabling the private sector investors to access Convergence Funding opportunities for their planned developments and 22 maximise the leverage available from government and local investment.6.1.4 This “reduced scope” Scheme, being the CPR Transport Strategy, Stage 1, for which the Orders have now been made, will still contribute enormously to meeting the critical objectives identified above. It will create the critical new East to West route from Camborne to Pool, but to a minimum acceptable standard, and will thus still providing traffic relief to the A3047 and its junctions. It will continue to give improved accessibility to, and highway capacity for, the planned economic growth development areas. The reductions in scope have included:  Deferment of carriageway widening and junction improvements along Wilson Way (East of Carn Brea Lane); Deferment of the introduction of public transport priority measures on the A3047;  Deferment of the upgrading of Dudnance Lane to dual carriageway standard;  Deferment of the roundabout junction at Forth Kegyn on Dudnance Lane; Revision to the drainage design and reduction in the volume of attenuation storage required for the lesser areas of new road construction; The replacement of segregated cycleway/footways on both sides of Dudnance Lane by a shared facility one side and a footway the other side. These deferments are all capable of being introduced as later stages of the strategy when the Council secures the necessary funding required.6.1.5 Through a process of continuous value engineering, driven by regular Designer / Contractor / Client progress meetings, the scheme has been amended and refined in order to achieve further cost savings. The early engagement of a construction contractor has been beneficial in identifying optimum construction methods, material choice and design options. 6.1.6 The changes to the scheme have resulted in a reduction in the scheme costs of some 40%, 23 and a reduction in the required Department for Transport (DfT) financial support of around 54%. The required DfT contribution has been reduced to £16.08m (down from £34.51m in June 2008)6.1.7 The Council intends to undertake the deferred elements of the construction (listed above), thereby completing the overall works identified as Phase 1 and 2 in the planning consents, as and when funds become available. 24 6.2 The Stage 1 Major Scheme (the subject of the Made Orders)6.2.2 CPR Major Scheme STAGE 125 7 THE SCHEME7.1 Summary Scheme DescriptionThe proposed, Stage 1, major scheme ( the Scheme) which is the subject of the Made Orders, will deliver:  a new road from Dolcoath to Dudnance Lane across the Red River valley and the old South Crofty mine site; a new traffic signal controlled junction opposite Heartlands Park on Dudnance Lane;  Layout revisions at East Hill junction with Dudnance Lane and Trevenson Road; improvements to Dudnance Lane and Station Road; a new traffic signal controlled junction at the Penhallick Road / Station Road / Dudnance Lane junction a new road from Station Road to Wilson Way, around the Carn Brea sports ground with new side road junctions; a new roundabout junction with Wilson Way; minor improvements to the remaining unimproved sections of Dudnance Lane and Station Road (e.g. new footway / cycleways, closure of private access and new lighting)7.2 The scheme consists of the following elements:East Hill to Wilson Way7.2.1 The widening of a short length (50m) of Dudnance Lane, South of East Hill, to accommodate a longer, northbound, left-turn lane into the signal controlled junction with East Hill (to the West) and Trevenson Road (to the East), with associated signal timings.7.2.2 A new signal controlled junction at the intersection of Dudnance Lane, the new link road (to the West) and Heartlands Park access (to the East), with widened carriageways to accommodate turning traffic lanes. The widening will extend 26 some 75m north and south of the junction. Controlled pedestrian and cyclist crossing facilities will be included in the junction.7.2.3 A shared cycleway / footway (3.0m wide), to be provided on the West side ofDudnance Lane and the retention of the existing footway, on the East side, as far as the access to Pool Market. At this location the cycleway / footway will cross to the East side of Dudnance Lane, via a signal controlled crossing point, and continue past the Tesco access.7.2.4 A new shared footway/cycleway, 3.0m wide, on the North side of Dudnance Lane from the Tesco junction continuing eastwards to Wilson Way. The existing footway will be retained on the South side (approximately 2.0m wide).7.2.5 A new traffic signal controlled junction, with widening for turning lanes, will be provided at Penhallick Road. 7.2.6 A new link road from Station Road to Wilson Way; this road will run parallel to theLondon / Penzance railway line for approximately 300m before bearing North to a new roundabout near Carn Brea Lane (the Wilson Way Roundabout). This link will include a shared footway/cycleway, 3.0m wide, on the North side and 2.0m wide footway on the South side.Dolcoath to Dudnance Lane7.2.8 At Dolcoath, a tie-in to the ongoing Dolcoath Development spine road (”MainStreet”) entailing the closure of the East end of Dolcoath Avenue. 7.2.9 A connection from the Dolcoath Development’s “Main Street” into a new roundabout at Dolcoath Road.7.2.10 A new link constructed from this roundabout, across farm land and then across the Red River valley, to the new traffic signal controlled junction at DudnanceLane (opposite the proposed access into Heartlands Park). This will be a new, single carriageway road 6.8m wide. Pedestrians and cyclists will use a 3.0m wide shared facility (with a 0.5m wide buffer strip) on each side of the new road. Safe crossing provision will be designed at the junctions. The new road will cross theRed River valley on embankment with two 12m arch structures to accommodate the river, Chapel Road, and multi-user trails. 27 7.2.11 Throughout the scheme landscaping and planting will be included where required to mitigate the visual impact of the road and its traffic and to provide replacement habitats for flora and fauna.Diversion of the Red River, open channel drainage, and the attenuation pond, will provide opportunities to extend and increase the wetland habitats.7.2.12 Road drainage will be, where possible, carried by open channels – in accordance with the CPR Surface Water Management Plan’s preferred design – as accepted by the Environment Agency. Water storage will be provided (in pond and tanks) to attenuate the run-off flows before discharge to water courses and outfalls.7.2.13 Various existing side roads will need to be connected to the classified road. This will entail the creation and connection of new side roads, re-grading of the tie-in lengths and a unification or replacement of the existing highway boundary treatments. Various private accesses and roads serving residential properties, business premises and land adjacent to the existing roads will be modified as part of the scheme. Access will be maintained to land which will be severed by the scheme.7.2.14 Private access connections will be provided for future development at the site of the proposed Tuckingmill Urban Village, with a centre right turn lane. Private accesses will also be provided to maintain entry and egress to severed land atSouth Crofty and to facilitate future development.7.3 Design Standards7.3.1 Guidance on the requirements for the geometric layout of new trunk road schemes is set out in Department of Transport standards and advice notes contained in the Design Manual for Roads and Bridges (DMRB). The standards set out the desirable requirements for unconstrained sites but allow for lower parameters, or ‘relaxations and departures’, to be used in some circumstances.Such circumstances include where the adoption of departures would lead to environmental benefits or cost savings in locations where there would be no overriding safety implications. 7.3.2 For low speed, non-trunk, urban roads it is common to have design relaxations in excess of those stated in this design manual, therefore the DMRB has been used as an “ideal standard” to be 28 modified on a location by location basis. The Cornwall Design Guide, other local design standards and practices, and the Manual for Streets have been used where appropriate to introduce suitable standards at particular locations where constraints or conditions so dictate. The scheme falls within, or between, existing or proposed 30 mph speed limits and therefore the Design Speed that has been used is 60kph (37mph).7.3.3 The maximum longitudinal grade on the proposed scheme is 7%, which was considered acceptable considering the nature of the road, topography and the need to minimise the embankment height and reduce impact in the Red River valley.7.4 LightingAlthough the scheme traverses existing open countryside at present between Dolcaoth and Dudnance Lane it will in time be surrounded by mixed development. It is appropriate for sections of road through these to be lit and it was concluded, following liaison with Stakeholders and interested bodies, that the whole route should be lit - including the section across the Red River valley – in the interests of safety and consistency. 7.5 Signing7.5.1 The signing strategy for the CPR regeneration area will be that through traffic will be directed to their primary destinations via the new road in preference to the existing A3047. 7.5.2 Detailed signing schemes will evolve as the planned developments are completed. Specific destinations will be incorporated in the signing in due course but the overall philosophy will be to reduce “clutter”, consistent with safety, and to adopt a minimalist signing strategy.7.6 Drainage 7.6.1 A Surface Water Management Plan (SWMP) has been developed for the CPR Regeneration area since 2006 by stakeholders, including South West Water, Cornwall Council, the then Urban Regeneration Company, the then South West Regional Development Agency (SWRDA) and the Environment Agency. The SWMP seeks to ensure that the drainage techniques adopted within the area are suitable for coping with the anticipated surface water run-off from the long term proposed developments. The scheme drainage details have been designed to ensure that a sustainable network is provided which can be replicated consistently for further regeneration 29 developments within the local area. The proposed CPR scheme highway drainage will be constructed in advance of the majority of the planned regeneration developments and the design has adopted the essential features of the SWMP in order to give a clear example of the required standards. 7.6.2 Between Dolcoath and Dudnance Lane the proposed carriageway will have kerbed edges and will discharge run-off to a series of interconnected highway drains and open channels (located adjacent to the carriageway) via a series of highway gullies. The open channel located to the West of the Red River valley (from Dolcoath roundabout) will contain a number of check weirs which will facilitate the attenuation / storage of high intensity rainfall events prior to discharging into the receiving watercourse. The spacing of the check weirs within the channels is dependent upon the existing topography and also the longitudinal gradient of the proposed channel. 7.6.3 An analysis to establish the existing Greenfield surface water run-off rates from the existing road site, and selected adjacent development sites, has been undertaken which has facilitated the determination of the maximum allowable future discharge rate (litre/sec) from the sites into watercourses including the Red River. Due to the fact that anticipated flow rates from the proposed carriageway will be greater than the allowable (Greenfield) discharge rate from highway site, an attenuation pond will be provided to the North of the new road in the Red River valley. The attenuation pond will be designed to attenuate and store run-off water during peak flow periods and then release it into the Red River at the agreed discharge rate, which is directly related to the Greenfield run-off rate for the existing sites. Prior to discharging to the attenuation pond, the surface water run-off from the new road to the East of the Red River (from Dudnance Lane) will cascade down the East side of the valley in a series of channel runs and stilling basins. The surface water from the new road West of the Red River (from Dolcoath) will be collected in the open channels, as described above, and then piped across the valley and into the attenuation pond.7.6.4 The Red River will need to be diverted through the new, eastern arch structure. Flood Risk Assessments have been undertaken to demonstrate that the road’s drainage system will not cause flooding and that the proposals do not increase the risk of flooding in the valley. The preliminary design of the Red River diversion has been approved by the EA.7.6.5 Other sections of the road (between Dudnance lane and Wilson Way) will be drained by the 30 provision of a series of highway gullies which will discharge to new highway drains. The resultant flow from the various rainfall events will discharge to attenuation features (drainage water storage cells) before discharging to the existing, South West Water, surface water drainage network. These attenuation features will located underground within the adoptable highway or under licence on adjacent private land. Provisions will be provided to ensure there is adequate access for any maintenance works which will be required in the future – such as the removal of oil waste or highway spillages. One group of attenuation storage cells would be sited to the East of Station Road with another south of the Wilson Way roundabout, and both would discharge to the South West Water drainage network’s combined sewers.7.6.6 The proposed drainage network serving the highway will be designed to ensure there will be sufficient capacity within the piped systems to facilitate future connections from proposed developments which are to be located adjacent to the proposed highway. All flows from these future developments will be attenuated, within the individual development sites, to specified rates prior to discharging to the proposed highway drainage system. The developments at present accommodated by the road’s drainage system include Dolcoath and South Crofty (North). It is envisaged that the road’s open channels may be incorporated into these adjacent developments; they may be modified and widened; they may be included within extensive green corridors. They are a flexible provision.7.6.7 The road cross-section and its drainage design has provided for the needs of the road whilst also considering the potential for future development. The drainage network has been designed to give maximum flexibility for future developments adjacent to the proposed highway and, importantly, the surface features can be evolved to suit changing needs and the wider establishment of amenity, landscape and habitat areas. 7.7 Highway cross section7.7.1 Dolcoath to Dudnance LaneThe evolution of the highway standards and cross-sections were based on liaison and feedback. A Stakeholder Workshop was arranged with the CPR Urban Regeneration Company, SWRDA 31 and the Councils to clarify the required physical characteristics of the highway network and the road design details. The Cross Section Comparative Assessment report, in the Phase 2 Planning application, summarises the options considered and conclusions. The proposed cross-section standards are:  The carriageway width would be 6.8m – comprising two 3.4m wide lanes.  Pedestrians and cyclists would be accommodated on shared facilities, 3.0m wide, each side of the road, with an additional 0.5m wide buffer strip up to the edge of the trafficked carriageway on each side;  The cross section would be widened to allow centre standing right turn lanes where required. The appropriate speed limit for the new link was considered to be 30mph – giving continuity between all sections of the scheme, and being best suited for the future character of the road adjacent to, and serving, the proposed Tuckingmill Urban Village and Dolcoath development.7.7.2 Dudnance Lane / Station Road to Wilson WayFrom Penhallick Road to Wilson Way the road cross-section is again 6.8m (two 3.4m wide lanes), with reductions in lane width at the crossing islands and right turn lane.7.8 Detailed description of the scheme7.8.1 Western tie-in to the Dolcoath Roundabout Highway The south western end of the Scheme will tie into the spine road of the Dolcoath Development (currently being constructed). This development is being undertaken by Linden Homes for the Homes and Communities Agency and the Dolcoath Roundabout will give a clear continuity break between the CPR Major scheme and the lower standard, spine road of the Dolcoath residential development. The roundabout will give sufficient capacity for access to, and egress from, Dolcoath Road to avoid future congestion.The closure of Dolcoath Avenue and removal of through-traffic will bring considerable 32 environmental benefits to residents living along the road. At its eastern end, access will be maintained to properties and a turning head provided. Access to Dolcoath Avenue by vehicles from the new link road will be prevented by the use of guard railing and bollards. Facilities will be provided to allow pedestrians and cyclists to join the new footway/cycleway which is alongside the new road. Uncontrolled crossing facilities are included in this section for pedestrians and cyclists. Footway and cycleway continuity is maintained across the new side road junction and the arms of the new roundabout with tactile paving, drop kerbs and signing. At the tie in to the Dolcoath Development spine road there will be side road modification works to divert Lower Pengegon into a new, priority junction.A lay-by facility (surfaced with grasscrete) will be provided on the tie-in, westbound lane, for maintenance vehicles managing the landscaped areas.The Cycleway/footway is a shared facility, 3.0m wide, which will be separated from the carriageway by a kerb and 0.5m buffer strip (a buff coloured surface treatment). A length of LowerPengegon (from Dolcoath Avenue to Dolcoath Road) will be closed to vehicular traffic and changed into a pedestrian thoroughfare on the edge of the green space. The junction of Dolcoath Road with Church View Road will be remodelled and a centre right turn lane added for northbound traffic. The existing private access track from Church View Road to Church View Farm will be relocated and designed for farm vehicles going to, and coming from, Dolcoath Road.The centre island of the Dolcoath roundabout will be seeded to grass and wild flowers. The roundabout will have splayed, single lane entries and there will be high friction surfacing on the approaches of all four arms.Landscaping At the Dolcoath tie in the opportunity has been taken to soften the aspect of the new road by integrating planting along the new highway and through landscaping isolated pockets of land 33 adjacent to the road. The planting will be made up of trees and shrub planting (up to 2m high) and groups of extra heavy standard trees within a grassland setting. It was considered essential to use these areas of land to create effective screening – mitigating the visual impact of the new road and its traffic on the residential properties in Dolcoath. It is proposed that lost Cornish hedges will be replaced between the points where the line of the new road severs them. They will be replaced by new Cornish hedges built alongside the road to connect the severed ends of existing hedges. Existing banks (along the line of the old leat) will be reinforced with native species. The inclusion of Cornish Hedges in the Scheme is considered an important aspect of minimising the potential impact of this part of the scheme on the landscape character of the open fields and hedgerows of the local farmland landscape. The area of land in the SW quadrant of the roundabout junction is intended to provide both screening, with mounding and vegetation planting, and replacement public space for the land lost to the scheme at Wheal Harriet. The seats from Wheal Harriet would be relocated. The area of land in the NW quadrant of the roundabout junction would be landscaped with a mound which would be planted to provide screening for the properties in Dolcoath on and near the southern end of Church View Road.7.8.2 Dolcoath Roundabout to Tuckingmill Urban Village Highway Travelling north eastwards from Dolcoath Roundabout the highway boundary on the North side will be on the outside of the open drainage channel.Maintenance access to the channel will be between the bottom of the road embankment and the channel. The carriageway then starts to widen again to accommodate the centre turning lanes for the Tuckingmill Urban Village (TUV) staggered priority junctions. The drainage channel would be taken in culvert under the northern TUV side road. 34 Landscaping The width of the strip of land around the outside of the bend (travelling northeastwards) has been maximised in order to screen the road and its traffic from the properties on Church View Road which will back onto the new road. Landscaping details are described on the General Layout drawings. A noise reduction fence will be erected for the residents of these houses on Church View Road to help reduce the potential traffic noise impacts. The fence will sit below the road level to reduce visual impact, but at some distance back from the road so as to be an effective barrier. The fence will be along their southern boundaries outside the access track to Church View Farm. The farm access track will have a revised entry off Church View Road and will be retained as existing – having sufficient width for farm vehicles.The proximity of the road to residential properties dictates that the planting and landscaping in this wide highway area should be dense. The planting within highway will create a diverse wooded habitat with shrub understorey. The substantial areas of mixed planting within this strip will, in time, provide valuable habitats for flora and fauna which, being within highway boundaries and not subject to regular intrusion, have the potential to become diverse, self contained ecosystems. Existing trees, shrubs and earth bank formations will be retained as far as practicable. The open channel drainage continues around the outside of the bend. The open channel inverts will be 1.0m wide and the channels will be 1.0m deep with 1:1 side slopes which will be hydroseeded with a suitable grass mix to assist in stabilising the slopes. It is expected that the channels will be colonised by wetland flora in time – without compromising their drainage/water carrying capability. Periodic clearing may be required. 7.8.3 Tuckingmill Urban Village to the Red River valley Highway The existing topography between Church View Farm and the Red River slopes downwards from 35 South to North and there is a substantial, existing earth bank adjacent to the Old Teagle Factory building on the North side of the road. It is expected that this ground will be reprofiled when the proposed Tuckingmill Urban Village (TUV) is developed. Two side road junctions have been included in the scheme to accommodate the proposed TUV developments to the North and South of the road. The South side of the road is cut into the rising ground, which gives a measure of screening to the road and its traffic. Angular and severe side slopes will be avoided by “rounding” the edges in order to reflect existing topography.The carriageway has been widened to accommodate a right turn centre lane for the two, staggered side road accesses into TUV. Crossing facilities will be developed further when the TUV plans emerge as part of the planning submissions for these proposals.The road drainage is piped over this length on the North side of the road, through the centre of the TUV development area. It continues in pipe across the valley on the road embankment, to the east side where it is piped down into the attenuation pond. From the TUV junction the road continues eastwards dropping into the valley with a maximum grade of 7.2%. Landscaping Following liaison with stakeholders, the fencing and planting along this section will be designed primarily to delineate the highway boundary since it may be altered and subsumed within the future development proposals. The road scheme will include irregularly spaced trees which could be retained when the future developments occur. In these areas standard (2500-3000mm) or heavy standard (3500mm+) trees will be planted in order to facilitate an immediate screening effect and provide options for future retention. Generally, trees will be under-planted with shrubs. On embankments and cutting slopes native grasses will be sown to integrate with the ecological objectives of the scheme and provide slope stability.7.8.4 The Red River valley crossing 36 Highway The road crosses the Red River valley on embankment with a vehicle restraint system on the approaches to, and exits from, the structure‘s parapet walls. A bridleway (and shared path for pedestrians and cyclists) will be included to link the road scheme’s westbound footway / cycleway to the Mineral Tramway and then to Chapel Road. This path will traverse the road embankment slopes and have a maximum 1:20 grade; it will be surfaced and will have regular, level resting places with seats.The road drainage is piped over this length since open channels were deemed unsuitable at the top of embankments. It continues in pipe, on embankment, to the east side of the valley where it is discharged to an open channel which cascades, in a series of channel runs and stilling basins, down the valley side and flows into an attenuation pond. This pond will attenuate the flow rates of the surface water run-off from the road, allowing it to outfall into the Red River at no more than 7 l/sec – the “green field” run-off rate. Travelling eastwards, the road climbs out of the valley with a maximum grade of 7% (for a length of about 70m) before flattening out approaching the south Crofty mine complex. 7.8.5 Structures The Red River and Chapel Road will be crossed on two arch structures. These will be pre-cast, reinforced concrete arches (assembled on site). The spandrel walls and wing walls will be constructed of reinforced earth and pre-cast, concrete panels, faced with masonry. Photomontages of the arches in the Red River Valley37 The masonry would be local mudstone, laid randomly with roughly horizontal coursing. Granite would be used in features to define the arch ring, a string course at the base of the parapet and dressed parapet coping stones. The Red River will be diverted through the eastern arch allowing space for the Mineral Tramways bridleway to run alongside. Chapel Road will be diverted to pass through the western arch allowing space alongside for footways and cycleways. These features will ensure that the amenity of the valley is retained and avoid any severance being caused by the new East-West link’s embankment. A pedestrian / cycle link from the new road over the valley will be established, down the embankment, to link with the amenities in the valley.Selection of structural typeA Feasibility Study to consider options for crossing the Red River reviewed the engineering design, structural types, costs and environmental impacts together with the aspirations of the Stakeholders. These included: the Urban Regeneration Company, SWRDA, English Partnerships, private developers, businesses, Cornwall County Council and (at that time) Kerrier District Council. A Consultee Workshop was held on 13 November 2008 and the Workshop Report was included in the Phase 2 Planning application. Its conclusions were: It was apparent that a significant majority favoured the concept of a, “low technology”, twin arch solution - with embankments as low as possible in the valley to minimise intrusion. Such a structure would use stone facings and would be similar to other local structures. This was judged to be an appropriate option. More conventional two and three span open structures would, it was suggested at the Workshop, inevitably make a greater landscape statement. To construct them using in- situ concrete, to obtain a more aesthetic profile, may be prohibitively expensive and environmentally extravagant in its use of materials. Such large bridges would need to be 38 constructed with steel beam / concrete slab composite decks for them to be acceptable - having regard for construction, maintenance and other whole-life costs. Composite construction is the only economically viable type for these larger structures but it is not so acceptable visually.  It was noted that pre-cast concrete arch construction would be inherently safer to construct.  The saving in capital cost with the twin arch structures (over the five-span, high level viaduct on the MSBC southern alignment) was an important Value Engineering gain for the economic return on investment with the northern line.  The visual impact of the road crossing the valley was considered to be a crucial issue. It was acknowledged at the Workshop that, although the approach embankments would tend to close off some low level views up the valley, the low, minimalist, solution with arches would, in principle, intrude less in the landscape than a high level viaduct.  It was agreed at the Workshop that the preferred solution of twin arches should be adopted through to the design stage.Public ConsultationThe Stakeholders also included the elected Members and the residents of the local communities, and an Exhibition and consultation exercise was held to determine their views and elicit comments regarding a northerly route and its structures. This consultation also endorsed the view that a northern route was acceptable and arch structures, low in the valley, were the best structural type with least impact.7.8.6 Landscaping A major benefit of the selected alignment is that it has been designed to follow the existing ground where possible, dropping down into the Red River valley to minimise the scale and visual impact of required structures. The slight skew to the alignment at this location will reduce the visual impact as the road breaks the valley shoulders. It is proposed that the surplus excavated material 39 will be used locally to form the embankments in the valley and associated bunding. The road crosses the Red River valley on embankments with side-slopes flattened to 1:3 to merge with the sides of the valley. Landscaping, habitat creation and planting will be as shown on the General Layout drawings. In the valley the vegetation on highway land would be reflect the natural mining landscape – whilst augmenting local species of trees and shrubs. Opportunity will be taken to establish areas with a soil/minewaste mix suitable for bryophytes and lichens to mitigate for the loss of these habitats. In order to retain water, maintain wetland and create new habitats the scheme will include river bed treatments and wetland enhancements in the valley, designed to improve and expand the ecology of the river. These enhancements will include “scrapes” and “riffles” and will rationalise existing small ponds, increasing their size and reshaping them with weirs, to retain water and maintain wetland areas to encourage flora and fauna. The attenuation pond in the valley, adjacent to the Red River, will be lined with concrete and will have a shallow area around the outside and sloped edges, landscaped and planted with vegetation to develop a wetland ecology. The upper banks will be planted and the overall vegetation will be designed to ensure that the pond’s drainage function will not be impaired. Periodic maintenance will be required to clear the channels and ponds to maintain water flow. Highway drainage ponds can become valuable features in the local landscape – creating habitats and benefiting the ecology. The recently constructed highway attenuation pond next to the A39 Carnon Gate roundabout, near Truro, is a good example: 40 Photograph of Carnon Gate, water run-off, attenuation pond7.8.7 South Crofty to Dudnance Lane Highway From the Red River valley to Dudnance Lane the scheme will cross South Crofty mine complex. The scheme has been designed so that it will not impair or prejudice future mining operations. The expansion and relocation of mining activity southwards has been accommodated by the road scheme. A land exchange agreement between Western United Mines (WUM) and the Council allows for the land required for the road to be released by WUM and land required for the new mine areas and processing plant, to the South, to be released by the Council. The new road would pass through the present South Crofty, operational, mine site and requires the demolition of the derelict ore processing building. It avoids the Winding house but impinges on the protected space (150m radius) around Cook’s Shaft headgear. The road does, however, allow enough space around the Cook’s Shaft headgear, for future mining needs, to be protected. The demolition required for the road will assist in the proposed re-development of the site, as mining operations are relocated southwards, and is covered in the land exchange agreement. The whole of the existing site, including the road corridor, would then be cleared and remediated in readiness for development under an agreement between Cornwall Council and the Mine 41 owners.The demolition required will produce concrete rubble which will be crushed and reused in the scheme. The resultant excavations will require substantial regrading of the ground adjacent to the road hence the open channel drainage ends at the edge of the South Crofty site, and drainage continues in pipe. Future development proposals for the site may extend the open channels as part of their works, subject to their planning approvals. The road includes private accesses to give entry to severed South Crofty land on either side of the road, and these can be amended and utilised as the land is brought forward for development.Landscaping As the road passes out of the valley on the eastern side it will be in cutting. Embankment slopes are 1:3 to give opportunities to plant wildflower mixes and grass. On the shoulder of the valley the planting within highway has been thickened to create a diverse wooded habitat with shrub understorey in order to help screen the new road and its traffic from the long views from existing residential communities. The proposed demolition of some of the redundant mine structures (those that are not iconic or historically valuable) will improve the character of the area and will bring about positive improvements to local views. Given the likelihood of future developments in this area, the aim has been to include highway landscaping and planting within the road scheme which could potentially be retained and incorporated into the developments. Hedgerow type planting along this section will delineate the highway boundary. 7.8.8 Heartlands Junction Highway The junction between the new link road from the west, Dudnance Lane and the Heartlands Park access will be traffic signal controlled which will provide suitable capacity for predicted traffic and 42 facilitate safe crossing for pedestrians and cyclists. Traffic signal operation will be driven by a controller which will optimise the signal timings throughout the day to cope with varying traffic arrival profiles. The timing of the phases on the lights will be designed to reduce congestion and delays as far as possible, for all flow levels. The geometry of the junction has been designed in accordance with DMRB standards.Pedestrian and cyclist crossing facilities are particularly important at this junction because Heartlands Park access will be served by the Eastern arm. This access to the Park will cater for all vehicular arrivals – including coaches – and the park is expected to generate relatively large seasonal and weekend flows (but low am and pm peak period flows). The existing Dudnance Lane carriageway will be retained and a 3.0m wide shared cycleway / footway will be constructed on the west side. It is expected that future non-motorised user flows in the North-South corridor will be substantial at some times of day (eg college, amenity and other peak period traffic). There will be occasional, but regular, events taking place in Heartlands Park which are forecast to attract large tidal flows on entry and egress. The highway network capacity has been designed to bring traffic inward from the A30 and utilises the signal controlled junction to cope with these events efficiently. A layby facility (surfaced with grasscrete) has been proposed in the NW quadrant of the junction for maintenance vehicles – servicing the traffic signals and maintaining the landscaping. Landscaping The landscaping proposed around the junction has been kept simple since it will need to accord with the edge of the parkland and future adjacent development at South Crofty (North and South of the road) and the Mayne’s site. 7.8.9 Dudnance Lane Single Carriageway From the East Hill junction southwards, Dudnance Lane will follow the existing single carriageway alignment, widened where necessary. The continuity of the cycleways and footways will be 43 maintained and extended, giving connections between East Hill and the new links. In general the scheme layout will include a 3.0m wide shared cycleway / footway on one side and a 2.0m wide footway on the other.The 3.0m wide shared cycleway / footway, with a 0.5m buffer strip at the carriageway edge, will be constructed on the West side of Dudnance Lane from East Hill, heading South across the Heartlands Junction and crossing to the East side just North of the SITA waste site access adjacent to the Pool Market access. At this point, a signal controlled pedestrian crossing point will be constructed. The cycleway / footway will then be established to continue on the East and North side of Dudnance Lane, to Station Road where it will connect with the new link to Wilson Way. The alignments of the improved sections of Dudnance Lane, through to Station Road, have been designed to minimise and balance the effects of the required widening on adjacent properties having regard to their operational needs. Vehicular and pedestrian accesses to property, namely Atlantic Windows, Stones Haulage, Varcurn Marble, South Crofty Tyres, Richfords Fire & Flood and the Old Station Yard will be maintained. The alignment has been designed to maximise the use of the existing carriageway to ensure the new levels match or are above the existing, preventing the need for full carriageway reconstruction throughout. A proposed chainlink fence re-establishes the highway boundary across the frontage to Atlantic Windows. A chain link fence and small wall re-establishes the highway boundary across the frontage to ‘Varncurn’. ‘Richfords’ and South Crofty Tyres will have security fences reinstated (without a replacement wall) in order to maximise internal operational areas.Where the road is to be widened, the highway boundary across the frontages to existing commercial properties in the Old Station Yard on the South side of Dudnance Lane up to Penhallick road will be re-established by replacement stone walls. The existing access locations will be maintained. One Old Station Yard property building will require demolition (owned by DMT 44 Property) to enable the highway to be widened. Dudnance Lane enters a World Heritage Site area approximately 90m South of Forth Kegyn. The northern boundary of this designation coincides with the northern boundary of the existing Dudnance Lane, crossing Station Road to run approximately 5m North of the London to Penzance rail boundary. 7.8.10 Penhallick Road Junction Dudnance Lane and Station Road will have two-lane approaches to a new signal controlled junction with Penhallick Road. A controlled pedestrian / cyclist crossing facility will be incorporated into the signal sequence on Station Road (East side). An uncontrolled crossing island will be provided on Dudnance Lane (West side). Kerb radii will be increased to improve Penhallick Road’s alignment into the new junction. The proposed scheme ties into the Penhallick Road railway bridge. A new access and egress to Richfords will be integrated into the new signal controlled junction. Richfords traffic will have its own phase on the signals activated by underground loops.A 100m length of Station Road will be realigned, from Penhallick Road to the start of the new link road connecting to Wilson Way. The residential property and outbuildings of ‘Sylmar’ will require demolition. Station Road will join the new road via a priority T- junction adjacent to the house Sylmar.Access to commercial property previously occupied by ‘Carters Packaging’ in Station Road will be unchanged.The existing access from Station Road to ‘Chynoweth’ and ‘Treveor House’ will be revised and. ‘Chynoweth’ and ‘Treveor House’ will have a wider drive to assist turning manoeuvres. A noise reduction fence will be erected on their boundary adjacent to the proposed Tesco HGV operation bay. 7.8.11 Station Road to Wilson Way Link From Station Road, the route will pass through the existing railway maintenance compound. A 2m45 high anti dazzle fence and an N2 vehicle restraint system will be installed where the new carriageway runs parallel to the railway line. These fences are in addition to the existing Network Rail palisade, security fencing. The new carriageway will run parallel with the London to Penzance railway for approximately 300m before bearing North to new roundabout on Wilson Way. The single carriageway will incorporate a 2m wide footway to the South side and a 3m wide shared footway/cycleway (with a 0.5m wide buffer strip next to the carriageway) to the North. A 1.5m high bund, with 1 in 2 side slopes with a 1m wide plateau, will screen the carriageway from land to the North; land outside the bund will be regraded as required. Sub-surface drainage attenuation cells for run-off water are to be installed to the SE of the sports ground. Water stored in this feature will drain the carriageway from the Station Road realignment. It will outfall via an oil interceptor, north westwards to an existing South West Water combined sewer. The attenuation area will be encompassed by a post and rail fence. Access to the attenuation feature and oil separator will be gained via the new road. Landscaping will receive planting which will include wildflowers, grass, trees and shrubs. The bunding terminates as it approaches the southern boundary of the Carn Brea Leisure Centre sports ground and a visual screen fence will be erected at the back of the cycleway / footway. As the new alignment diverges from the railway line, existing earth mounding around the sports stadium is to be incorporated into further bunding on the north and northwest side of the new road, 1.5m high, with a nominal overall width of 12m. This bund, on the northwest side of the new link road, will be planted with trees and shrubs to provide increased screening of the road traffic for the running track and in order to minimise potential impacts from lights.Whips and feathered trees can reasonably be expected to achieve heights of up to 5m within 10-15 years. Fast growing ‘nurse’ species will be mixed with slower growing hardwoods in order that rapid screening is achieved, with continuity of growth maintained in the long term. Fenced attenuation cell areas will be planted with amenity grass. 46 Between the proposed carriageway and the railway line, small pockets of land will be regraded and landscaped. An existing earth mound will be severed and regraded. A chain link fence will form the highway boundary to Pool Industrial Park. Footpath No.4 will be severed by the new carriageway approximately 100m North of the pedestrian overbridge crossing the railway. The carriageway widens to 10m to accommodate a pedestrian crossing point, with kerbed central refuge, for the diverted footpath. The diverted footpath then crosses the new carriageway to join the shared footway/cycleway on the West side of the new road, and is coincident with it for a distance of 95m, where it rejoins the existing Footpath route. Each end of the severed footpath will have staggered barriers as a safety feature to prevent straight line access onto the carriageway. The widening for the pedestrian crossing refuge continues northwards to provide carriageway widening for a replacement access into TESCAN (Pool Industrial Park). Their vehicular access, off Wilson Way, will be closed and this new provision, off the East side of the new link road, will enable their existing operations to continue, giving vehicular access to their operational hard standing areas. From the crossing point, the carriageway narrows back to 6.5m before widening on the approach to a new roundabout close to the Carn Brea Lane/Wilson Way junction. Sub-surface attenuation cells to store run-off water are to be installed in the area immediately south of 78 Carn Brea Lane. Stored water will outfall via an oil interceptor, northwards to an existing South West Water combined sewer on Carn Brea Lane. A lay-by facility (surfaced with grasscrete) will be provided on the northeast bound lane approaching Wilson Way roundabout for maintenance vehicles – servicing the Western Power Distribution (WPD) sub-station and for maintaining the landscaping and highway. LandscapingLandscaping along this section of the route will include planting top-soiled areas with wildflowers, grass, trees and shrubs. The bunding to the northwest side of the road, terminates as it 47 approaches 78 Carn Brea Lane and the new roundabout on Wilson Way. A noise reduction fence will be established for a distance of 75m approaching the Wilson Way Roundabout, on the West side which will act as a highway boundary screen to the new road. This will mitigate the effects of noise and visual intrusion on the residents of 78 Carn Brea Lane. The garage to this property is rendered inaccessible by the new road and an alternative garage is proposed to be erected at the rear of their land, served by an existing track. 7.8.12 Wilson Way Roundabout The new link joins Wilson Way at a new, 28m Inscribed Circle Diameter, roundabout with a 12m diameter radius central island. The roundabout is located approximately 30m west of the existing priority junction with Carn Brea Lane. The existing Carn Brea Lane junction will remain with a realigned bell-mouth. The 3.0m wide footway/cycleway from the link road will cross Wilson Way to the west of the roundabout and, via a splitter island, to join the facility on the North side of Wilson Way. A short length of 3.0m wide footway/cycleway will be provided around the southeast side of the roundabout to provide continuity between the crossing splitter islands.A new access to the Philip Whear commercial buildings, on the North side of Wilson Way, will be provided to the east of the Carn Brea Lane junction. The current access will be retained. The East arm of the new roundabout junction ties into Wilson Way approximately 140m East of the existing Carn Brea Lane junction. One of accesses to ‘Bookers’, on the North side of Wilson Way, will be closed and replaced by a new access for HGVs, to the rear of the premises, off Agar Way 7.9 Construction7.9.1 The Council engaged Carillion Construction Ltd (then Alfred McAlpine) in 2007 to enable early contractor involvement as the design developed and options were tested and assessed. Having the contractor involved at an early stage has led to more, and better, scrutiny of construction issues, programming, and the selection of materials.48 With any new construction project, there will be an element of disruption for the travelling public and for people living locally while works are in progress. However the construction phase would be designed and planned to keep this to a minimum. The Scheme’s overall Contract ManagementPlan would be implemented to minimise the effects on the local population and the environment. As part of the Contract Management Plan a Construction Environmental Management Plan would be developed together with a Quality Plan and a Customer Needs Plan. 7.9.2 The Early Contractor Involvement (ECI) commission offers distinct advantages over the conventional methods of Scheme procurement, in that the Contractors team responsible for eventual road construction is actively involved in the design process, which means an integrated team approach is developed. Therefore early opportunities have been available to develop the best solutions regarding buildability ,traffic management and material selection7.9.3 Carillion will be the principal contractor and may use a number of sub-contractors to undertake particular specialist tasks, such as;3 demolition 4 road surfacing5 traffic signal and sign installations6 fencing and safety fencing7.9.4 If the Secretary of State confirms the Orders then Notices to Treat and Enter will be served on all landowners and the contractor will take control of the whole site.Construction will begin in various areas according to the construction programme.The contractor will establish site compounds for site administration offices, plant and materials storage and welfare facilities.7.9.5 Much of the works will be “off-line” – ie. away from existing roads, where new carriageways can be constructed without impinging on existing roads. These sections of new road will be across fields at Church View Farm, the disusedSouth Crofty mine, and land adjacent to the Carn Brea Leisure Centre.Disruption and delays to traffic will mainly occur when these new sections of road 49 are tied-into the existing road network and where on-line improvements will be undertaken. There will be a number of discrete areas of works, on which the contractor may work simultaneously:New, off-line, sections of road 7 Dolcoath Road to Chapel Road8 The Red River valley and structures9 The Red River to Dolcoath Road10 Station Road to Wilson Way (at Carn Brea Lane)On-line improvements (creation of new cycleway/footways)11 Dudnance Lane 12 Station Road13 Wilson WayTie-ins to the existing road network14 Dolcoath Road (roundabout) 15 Dolcoath Avenue and Lower Pengegon16 East Hill junction17 Dudnance Lane (traffic signal controlled junction)18 Penhallick Road / Dudnance Lane / Station Road (traffic signal controlled junction19 Wilson Way (roundabout)7.9.6 Construction Programme – main eventsThe main construction activities will revolve around the earth moving operations needed to construct the embankment across the Red River valley, the two arch 50 structures and the associated, reinforced earth, spandrel and wing walls.Whilst these operations are underway, the off-line sections of road and drainage will be progressed. The tie-in areas will be developed in sequence to keep traffic flowing and maintain the existing network as far as possible. Drainage channels, the attenuation storage pond, and underground cells will be constructed as the works proceed. Completion of the earthworks and bunding in some areas will provide shielding for the works. The addition of topsoil will enable some areas to be planted early giving an extra seasons growth and establishment.Carriageway surfacing will be undertaken as the various sections of the road are completed. Junction construction at the tie-ins, traffic signal installation and roundabout construction will be phased in with the completion of the new sections of carriageway. Lighting, signing, seating and carriageway markings will mark the completion of sections.The contractor will liaise closely with those commercial interests affected by the scheme to ensure that the works will be programmed to minimise disruption.Private accesses will be kept open, as far as possible, at all times; any necessary temporary closures will be co-ordinated and agreed with those affected.7.9.7 The diversion of utilities apparatus will constitute one of the critical elements of the construction programme. The utilities affected are, South West Water, Wales and West (gas), British Telecom and Western Power Distribution.The required diversions to facilitate the road scheme have been agreed with these utility companies and some will be undertaken in advance of the main works. The utilities are concentrated at the tie-in sections and are particularly difficult at Dolcoath and Dudnance Lane.7.10 Scheme Costs7.10.1 In response to the government’s Comprehensive Spending Review, Cornwall51 Council submitted its Best and Final Funding Bid on 9 September 2011 for the“reduced scope” Scheme 7.10.2 The Department for Transport (DfT) formally advised the Council in December2011 that the bid had been accepted, (December 2011) subject to conditions, and that the Scheme was in the National Programme for local authority schemes.7.10.3 The accepted funding breakdown was based on the following cost breakdown:£ Costs and Funding1 Outturn construction cost3 Outturn land cost3 Other costs2 Total outturn scheme costGrant, developer and local authority 1 contributionOutturn scheme cost approved DfT 1 fundingOnce the DfT approval and Programme Entry status had been secured, theCouncil gave the approval to make the Orders as the availability of funding was reasonably assured.52 8 THE ORDERS8.1 The Compulsory Purchase Order Land – its nature and condition8.1.1 The land required for the highway improvements generally includes:  Light industrial, Business Park property along the short length of Wilson Way and portions of Dudnance Lane and Station Road; the majority of this land is frontage space or car parking;  Land owned by Western United Mines (WUM) – mostly across derelict and/or disused sections of the South Crofty Mine complex;  Grazing farmland (for cattle) from Dolcoath to the Red River valley;  Scrubland within the Red River valley;  Private properties and gardens (on Wilson Way and Station Road). Most excavated ground will be contaminated with mining waste products to some degree. This material will be handled safely during construction and much will be reused within the earthworks for the Scheme.8.2 The Compulsory Purchase Order8.2.1 The Compulsory Purchase Order Land is an area of approximately 16 hectares. The Order Plan shows the extent, which is composed of 78 individual plots. The available statutory powers enable the AA to seek to obtain necessary land and rights to construct and maintain the Scheme. Plots that need to be purchased are coloured pink and plots over which a Right only is required are coloured blue on the map sheets. 8.2.2 The Order Land is required to carry out the construction and maintenance of the Camborne Pool Redruth Highway Improvement Scheme (the Scheme) together with associated works (including mitigation measures).Confirmation of this Order will enable Cornwall Council to acquire compulsorily land required for the Scheme in order to construct new53 highways, improve highways, stop up highways and private means of access to premises, and to provide new means of access to premises. It will also enable the Council to acquire compulsorily land required for the mitigation of adverse effects and for the acquisition of rights for construction and maintenance of the Scheme. All land shown in the Schedule is required for the Scheme.The Council recognises that a compulsory purchase order can only be made if there is a compelling case in the public interest which justifies the overriding of private rights in the land sought to be acquired. It is considered that a compelling case exists here. The Council has given careful consideration to the reasons as to why it is necessary to include the land and new rights shown on the Order Plans. All freehold owners, lessees and occupiers affected by the Order have been invited to enter into discussions with the Council with a view to agreeing appropriate terms for acquisition of the land and new rights required and, where appropriate, to discuss options for relocation. The Council has consequently made the Order to secure the outstanding interests and rights required to enable implementation of the Scheme necessary to achieve the Council’s objectives for the area. Discussions will, however, continue with owners of relevant interests in an endeavour to secure the required land and Rights by agreement wherever possible, with a view to limiting the number of interests which need to be acquired compulsorily. The approach adopted by the Council is in accordance with the policy advice and recognised good practice. On confirmation of the Order, the Council intends to serve a Notice (or Notices) to Treat and Enter in order to secure unencumbered title of the Order Land and commence construction of the Scheme.8.2.3 The Order Land has an area of approximately 16 hectares. The Order Plans show the extent of the Order Land, which comprises 78 plots. The OrderPlans comprise four separate sheets.8.3 Land to be Acquired8.3.1 The land included in the Compulsory Purchase Order (CPO) is the land required to construct 54 the scheme. It includes land which will be required as title; it also includes land over which Rights are required (for continuing access such as future maintenance and inspection) and land which will be required under Essential Licence for the period of construction. It is expected that title may not be acquired over land which is only required temporarily during the construction period. For this land an Essential Licence may be negotiated by agreement. Land is included to enable construction of the road (with its drainage outfalls) and for essential landscaping. Areas are also required for various future maintenance functions. Land has been included for the contractor to establish temporary site offices, compounds, welfare facilities and storage areas for plant and materials at various locations for occupational use during the works. 8.3.2 East Hill to Station Road (Site plan sheet 1) A small area of land will be required for the widening of the existing Dudnance lane – immediately South of East Hill in order to extend northbound the left turn lane by some 50m to increase junction capacity. The existing footway will be widened by approximately 1.0m on the West Side to provide a shared use, cycleway / footway. Land is included in the CPO to provide working space which will only be required during construction. 150m further South the existing road is to be widened and a new traffic signal controlled junction constructed where the new link to Dolcoath meets Dudnance Lane. The widening (some 75m each side of the junction) is to provide the necessary turning lanes to accommodate forecast traffic flows. Southwards, the existing footway is again widened by approximately 1.0m on the West Side to provide a 3.0m wide, shared use, cycleway / footway. Commercial property, Coastline’s buildings within the South Crofty mine complex, is to be demolished to provide this facility. The existing Dudnance Lane along this section is retained without carriageway widening. The direct highway access to a garage is closed (Dudley Car Sales) and a new private means of access provided across land owned by others. 55 60m North of the access to Pool Market, a signal controlled crossing takes pedestrians and cyclists across Dudnance lane – connecting the West and East Side, 3.0m wide shared cycleway/footways. A small area of land and a low retaining wall are required to establish this facility on the East side (from City Electrical).Southwards and eastwards, there is a need to acquire small areas of land from the adjoining business frontages for visibility (Atlantic Windows, Varcurn Marble and South Crofty Tyres) and to widen the existing footway to create a shared use cycleway / footway, 3.0m wide Further widening of Dudnance Lane is then needed to accommodate the new signal controlled junction at Station Road / Penhallick Road. This junction requires additional land, mainly from the North side of the existing road, in order to provide the required turning lanes. (Richfords and Station Yard).Where the existing highway corridor is widened, the adjoining property boundaries will be moved back and operational or frontage land acquired; land has been included to undertake the construction activities and to reinstate, or provide new, boundary treatments – fences or walls. It is expected that this land will be needed temporarily for construction and/or future maintenance. Access slopes will be regraded where required. Accommodation work within sites will be undertaken by agreement. A number of plots have been included to enable the contractor to store materials and plant – and to store excavated soil for later use within the road scheme corridor (mainly within the South Crofty mine complex)The closure of the existing access to Tesco’s delivery bay off Station Road has required the creation of an alternative, safe access further East. In order to facilitate practical, operational manoeuvres into, and out of, this new access it has been necessary to acquire an additional area of land. The new road could not be constructed without the closure of the Tesco access; the safe, replacement access could not be provided without this additional area. The widening of the existing road necessitates the demolition of the residential property named Sylmar (and out-building). 56 8.3.3 Station Road to Wilson Way (Site plan sheet 2) The new section of road, from Station Road to Wilson Way, running parallel to the Penzance to Paddington rail line and around the Carn Brea leisure centre running track, requires private, commercial property and land from Network Rail, Cornwall Council. The Network Rail land to be acquired includes a small active depot off Station Road and land adjacent to the rail line. An access will be provided to land owned by Network Rail which is severed. Land is included to enable construction of the road (with its drainage outfalls) and for future maintenance. Land has been included for the contractor to establish temporary site offices, compound, welfare facilities and storage areas for plant and materials. Land is included to provide working space which will only be required during construction for activities such as earth moving, pavement construction, erection of fences and boundary treatments. Land is included for the construction of earth mounds and bunds to be grass seeded and planted, with tree and shrub, to mitigate the visual impact of the road and its traffic and for the regrading of adjacent land. Land is also included for essential landscaping and a noise fence to reduce the adverse effects of the road on the leisure centre amenities and on residential property. Land is acquired to create a shared cycleway / footway, 3.0m wide on the North, then West, side of the new road. Land will also be acquired to create a 2.0m wide footway on the South, then East side of the new road. A section of Footpath Carn Brea No 4 will be closed where it is crossed by the new road corridor and will be diverted within the new highway. The new roundabout at the junction - with Wilson Way, the new road and Carn Brea Lane - requires land for construction of the highway and land for the construction and future maintenance of a small retaining wall. A short section of Wilson way eastwards would be widened to create the required turning lanes entering the new roundabout; this will need small additional areas of land from the adjacent commercial interests. (Tescan Ltd).57 Alternative private means of access is provided where existing access to land and property needs to be stopped up (78 Carn Brea Lane).Land is included to provide working space which will only be required during construction. Land has been included to create a new highway from Agar Way to give heavy goods vehicle access to the rear of a commercial property on Wilson Way (Bookers Cash & Carry) enabling the closure of one of its accesses on Wilson Way. Land has been included to create other private means of access for those whose existing access(es) are to be closed (Tescan Ltd). Land has also been taken for the construction of a maintenance lay by. The land required for the widened highway will in some cases have a significant impact on the adjacent businesses. Frontage land taken is either operational, car parking or landscaped areas and, following consultations, the impact has been minimised as far as possible. Land has been taken to enable the existing accesses to remain, with regrading as required to tie-in the surfaces, and for the erection of agreed boundary fences or walls. 8.3.4 Dudnance Lane to Dolcoath (Site plan sheet 3 and 4)Land is included to enable construction of the road and for future maintenance. From Dudnance Lane westwards the new road will traverse South Croft Mine (Western United Mine’s land (WUM)). Demolition of derelict operational buildings will be required and land has been included to enable this to be undertaken. Land has also been included to provide a construction haul road and access through the South Crofty site whilst construction and demolition are in progress. Land for the creation of private means of access to the bisected areas of WUM land is included. As the road crosses the Red River valley land is required for the construction of the highway embankments, and for construction and future maintenance of the two arch structures which will take the new road over Chapel Road, amenity routes and the Red River. Highway drainage is provided in open channels on the North side of the road. Land has been 58 taken to accommodate these channels and for an attenuation, storage pond in the Red River valley, to collect the highway run-off water before it is discharged into the Red River. Land has been included for a permanent access to this drainage feature for maintenance. The diversion of the Red River through the eastern arch has given the opportunity to implement ecological improvements to the river bed on either side of the road – establishing new habitats for flora and fauna. The Council’s land has been included for this purpose. Land has been included for the creation of a new bridleway, traversing the side of the new road embankment. This connects the new road with the Red River valley via a multi-user trail which runs through the eastern arch. Land is required to flatten the embankment slopes to allow the new earthworks with landscape planting to be better integrated with the surrounding landform of the valley. Land has been taken for landscape planting to establish replacement habitats and additional areas for rare bryophytes and lichen. Staggered private means of access have been provided on the North and South side of the new road for the Tuckingmill Urban Village regeneration project; the southern one of which will, in the interim, provide access to the fields severed from Church View Farm by the new road. (Site plan sheet 4) A strip of land has been included on the North side of the road (around the bend approaching Dolcoath) to facilitate essential landscaping and planting within the future highway boundary – extending, in places, up to existing walls and bank. This densely vegetated strip of land is designed to provide an effective screen, to mitigate the visual and noise impact of the road and its traffic on residential properties in Dolcoath. Open channel drainage channels are also on the outside of this bend and land has been taken to construct and maintain them. Access to Church View Farm will be provided via land included to create a private means of access from Church View Road / Dolcoath Road. Land has been taken to erect and maintain a noise reduction fence to shield the rear of properties on Church View Road from traffic noise. Land has been included to link the new road into the existing side roads at Dolcoath with a 59 new roundabout connection to Dolcoath Road. Land has also been included to create new footway / cycleways, to close sections of the existing roads and to link into the Dolcoath Development spine road (”Main Street”). Land is included to enable the contractor to establish temporary site compound, welfare facilities and storage areas for plant and materials. In the northwest and southwest quadrants of the new roundabout at Dolcoath, land has been included to facilitate essential landscaping and planting within the future highway boundary – to provide an effective screen to mitigate the impact of the road and its traffic on residential properties – on Church View Road and on Dolcoath Road. South of the roundabout, additional land has been taken to create new habitat and provide a screen for the adjacent open land. Following consultations, the impact of the loss of land has been minimised as far as possible. Compensation for the loss of land resulting from this CPO and other losses will be considered under statutory provisions for compulsory purchase by the Council.Land owners have been invited to enter into discussions with the Council with a view to agreeing appropriate terms to compensate for any material operational impact of the proposed changes.8.4 Special Considerations affecting the Order LandThere are no ancient monuments or listed buildings in the Order site.There are no buildings in a conservation area that would be demolished.The Scheme does not require any land owned by the National Trust.The scheme is adjacent to the area designated as a World Heritage for its“mining landscape”.8.5 Property Demolition8.5.1 Across the Western United Mines land there will be a need to demolish a number of derelict buildings and structures. 8.5.2 Along the length of the highway improvements one residence will require demolition: the house Sylmar and its out-buildings (Station Road, Pool). 60 8.5.3 Additionally, active commercial property will be demolished along the West side of Dudnance Lane (Coastline buildings) and a small industrial unit within the Old Station Yard, Station Road.8.6 The Side Roads Order (SRO)8.6.1 The SRO will, subject to confirmation by the Secretary of State for Transport, empower the Council to stop up existing side roads and private means of access affected by the Scheme, to improve existing side roads and to create new side roads and private means of access as a consequence of the main works.8.7 The Need for Side Roads Alterations8.7.1 The proposed alterations to existing highways and private means of access that would be affected by the Scheme are detailed in the Schedule attached to the Side Roads Order, and shown diagrammatically on the Side Roads Order plans. 8.7.2 The Scheme would require alteration of side roads and accesses and theOrder made under Sections 14 and 125 of the Highways Act 1980 implements these alterations. The Scheme requires the stopping up of highways at various points. Some sections of existing highways would be extinguished and then recreated as part of the proposals for the Scheme. Other sections of existing highways would be closed permanently; however convenient alternative routes are or would be available. The Council recognises that a side roads order to close and amend private accesses can only be made if there is a compelling case in the public interest which justifies the overriding of private rights in the land. It is considered that a compelling case exists here. The Council has given careful consideration to the reasons as to why it is necessary to modify access and side roads as shown on the Order Plans. All freehold owners, lessees and occupiers affected by the side roads order have been consulted as the detailed design of the scheme has been developed. 8.7.3 Highway modifications proposed in the SRO East Hill to Station Road61 From East Hill southwards along Dudnance Lane a number of private accesses to adjacent land or commercial interests will be stopped up, to maintain the free flow of traffic and create a new cycleway / footway on the West side of the lane, and some will be reopened, or new private means of access created. The access into Heartlands Park will be created as a new highway to enable construction of a signal controlled junction. Where the existing road runs alongside the Penzance to Paddington railway line, other private accesses, to residences, businesses and properties off Dudnance Lane and Station Road, will be stopped up, amended, relocated, created or recreated as required in order to enable the widening of the road to take place. Existing side roads such as Penhallick Road and Station Road are to be tied into the new road and improved as required. The residential property, Sylmar, will be demolished to allow the road to be widened. The existing access to its land will be stopped up. Tesco’s private access off Station Road will be stopped up and a replacement access provided 45metres eastwards, (as shown on Site Plan 2). The new access will enable the operational manoeuvring of HGV deliveries by the necessary inclusion of a turning area, and will remove the need for vehicles to reverse in from the highway Carter’s Packaging access will be modified to improve highway safety. The existing private means of access to the West of the Network Rail’s depot, (the triangular area in front of depot’s gates), will be stopped up. It is the Council’s intention to relocate the depot by agreement with Network Rail to another suitable site. 8.7.4 Station Road to Wilson Way Footpath No.4 (Carn Brea) will be stopped up for a short section of its length where it is to be crossed by the new road. New highway will be created to link the severed footpath to the new road at its North and South ends. 62 A new private access will be provided into the Tescan Industrial area from the new section of road to replace existing private accesses which are to be stopped up. This access will served by a centre, right-turn lane in the new road. The access to 78 Carn Brea Lane will be stopped up in part to enable the road to be widened. An alternative will be provided to give access to a new garage. Access to Western Power Distribution apparatus and land will be maintained – from the new road; a layby will be provided. 8.7.5 Wilson Way roundabout A new roundabout will be constructed on Wilson Way at Carn Brea Lane. For a short length eastwards along Wilson Way a number of private accesses to adjacent land or commercial interests will be stopped up to enable the road to be widened and the roundabout approach lanes constructed. Some will be reopened, relocated or have new replacement private means of access created. The eastern access to Bookers will be stopped up and a replacement access, to the delivery area, will be provided via Agar Way to the rear of Booker’s premises. A new length of road will be created to provide this access from Agar Way. 8.7.6 Dudnance Lane to Dolcoath Westwards from Dudnance Lane, the new road will cross South Crofty mining land and new private means of access are provided to give access to land severed by the new road. The new road crosses the Red River valley and two arches will be constructed (square to the new road) for Chapel Road, the Red River and adjacent amenity trail to pass under the road. The river, the amenity trail and Chapel Road will be diverted to pass through the arches. Existing sections of Chapel Road, the amenity trail and the Red River will be stopped up and created on new alignments. A new bridleway will be established to link the new road over the valley with the amenity trail and highway in the valley. These details are shown on Site Plan 3 and on the inserts. The new road will sever land which is planned for development at Tuckingmill. Two new 63 private means of access will be provided (on the North and South sides of the new road) to give access to this severed land. The new road will cross farm land in the holding of Church View Farm. The southern access provided for the Tuckingmill development (above) will also provide access to the southern fields of this severed farm land. Existing accesses to the farm from Church View Road and Dolcoath Road will be stopped up. New access to the farm and to land which will be on the North and Northwest side of the new road will be provided by the creation of a new replacement private means of access from Church View Road. These details are shown on Site Plan 4 and on Inset C. 8.7.7 Dolcoath The new road, at its western end, will tie into the proposed spine road of the Dolcoath Development (“Main Street) and will necessitate alterations to the adjacent side roads: Dolcoath Road, Dolcoath Avenue, Church View Road and Lower Pengegon (shown as highways to be improved on Site Plan 4). Sections of these roads will be stopped up where the new road will pass over them and the new road will reinstate them as highway within its footprint. A length of Lower Pengegon will be stopped up and reopened for cyclists and pedestrians only (between Dolcoath Road and Dolcoath Avenue) as shown on Site Plan 4, Inset A. A length of Dolcoath Avenue will be stopped up and reopened for cyclists and pedestrians only (to make a connection between Dolcoath Avenue and the footway/cycleway on the new road)) as shown on Site Plan 4, Inset B 64 9 PLANNING - RELEVANT BACKGROUND POLICIES AND PLANNINGHISTORY9 Planning – Relevant background, policies and history9.1 Planning Context 9.1.1 The large urban conurbation of CPR is an area of high deprivation, with low income levels, high unemployment and acute housing needs. .These conditions are a direct consequence of the economic decline that followed the collapse of the mining industry which once dominated the area.9.1.2 CPR has a legacy of derelict and previously developed urban sites associated with its mining and industrial heritage that are inherently difficult and costly to develop. As a result, many of these sites have remained undeveloped, with little market interest or investment to bring them forward. 9.1.3 CPR therefore has many issues that have inhibited the progress of development and regeneration for many years. This includes not only issues surrounding development viability in addressing site conditions and providing required infrastructure to support development proposals, but also from a historic lack of developer interest in investing in the CPR area. 9.1.4 The result of this has been a continuation of the low wages and weak skill bases generally prevalent in the area, and the resultant impact on employment and housing needs experienced within CPR. 9.2 Planning Issues9.2.1 In December 2001, the CPR Urban Framework Plan (UFP) was published, and which created a framework to guide the regeneration of the CPR area. This independent study set out a strategic direction and underlying principles needed to create high quality urban environment through regeneration for CPR. 9.2.2 To help achieve this, and encourage and facilitate developer interest and investment in the area, the UFP identified a number of themes that needed to be addressed.9.2.3 These included an improved transport system; better transport linkages; better access to the A30 trunk road; and, removing local congestion along the A3047spine road. 9.2.4 Further themes included promoting a business gateway for Camborne, regenerating derelict land and sites; regenerating brownfield sites and removing pressure on Greenfield sites for housing. 9.2.5 In transport terms, the strategy seeks to plan for regeneration whilst moving away from car 65 dependency, and aims for economic growth without undue further traffic growth. 9.2.6 Some of the key principles to realise this included: developing the A3047 as a high frequency public transport corridor; integrate planning and transport initiatives, developments targeted towards the main transport corridor; supporting opportunities for walking and cycling; develop joined up and integrated places addressing Pool and its surroundings and addressing local congestion; and, ensuring traffic routes are fit for purpose, using the A30 as a by-pass, improving accessibility to the A30 and managing traffic movement along the A3047. 9.2.7 To achieve these aspirations to regenerate the CPR area, and address the key principles, the need to create both improved access to the A30 and for the new East – West link road was proposed. 9.2.8 The link road would help address connectivity linking Camborne, Pool and Redruth, and overcoming the reliance on the overburdened A3047; address permeability and access by providing a choice of routes and spreading the traffic load, enhance and provide improved access to sites in and around the Pool area; improve the environment along the A3047, making it a more pleasant and pedestrian / cycle / sustainable transport friendly place; and, take HGV movements out of the centre of Pool / A3047 corridor. 9.2.9 Providing this coordinated planning and transport approach would help to facilitate regeneration developments to come forward on sites previously unable to be developed, providing opportunities for new jobs and new homes. 9.2.10 This approach would also address the issues surrounding local congestion, reducing the reliance on the car, improving sustainable transport opportunities, and improving accessibility both within CPR and also to and from the A30. 9.2.11 In November 2002, an Urban Regeneration Company (CPR Regeneration) was established to help facilitate regeneration to provide new homes and employment opportunities along with community and leisure facilities in an improved environment. One of its key functions was to stimulate interest to develop and invest within CPR and its future opportunities. To help deliver both investment and developer interest, it identified barriers that constrain development opportunities and sought to drive solutions to overcome those barriers and release sites for regeneration. 9.2.12 The road scheme is one of those solutions that will help to release employment and housing opportunities within CPR to enable regeneration.9.3 Relevant Planning Documents9.3.1 National Planning Policies66 9.3.1.1 Planning Policy Statement 1: Delivering Sustainable Development PPS1 set out the Government’s objectives for planning culture change, by setting out the Government’s vision for planning, and the key policies and principles that should underpin the planning system. These are built around three themes: Sustainable development – the purpose of the planning system. The spatial planning approach. Community involvement in planning.Two of the key policy messages of the PPS are: The need for planning authorities to take an approach based on integrating the four aims of sustainable development: economic development; social inclusion; environmental protection; and prudent use of resources. The need for positive planning to achieve sustainable development objectives and proactive management of development, rather than simply regulation and control.PPS 1 sets out that planning should aspire to make places better for people and deliver development where communities need it and which is sustainable. Planning should facilitate and promote sustainable patterns of urban and rural development by: Making suitable land available for development in line with economic, social and environmental objectives to improve the quality of life. Contributing to sustainable economic growth. Protecting and where possible enhancing the natural and historic environment 67 and the quality and character of the countryside, and existing successful communities. Ensuring high quality development through good design. Ensuring that development supports existing communities and contributes to the creation of safe, sustainable and liveable communities with good access to jobs and key services9.3.1.2 Planning Policy Statement 1 Supplement: Planning and Climate Change This PPS generally supports sustainable developments with the key aim of reducing the amount of carbon emissions arising as a result of development proposals. It also supports the aim of reducing the need to travel and promoting more sustainable methods of transport.9.3.1.3 Draft Planning Policy Statement 4: Planning for Sustainable Economic Development PPS 4 sets out an overarching objective for supporting economic growth in a sustainable form, and includes a number of policies that supports this aim to deliver economic growth.9.3.1.4 Planning Policy Statement 5: Planning for the Historic Environment PPS5 sets out the Government’s policies and guidance on the conservation of the historic environment and historic assets, and replaced PPG 15 and PPG 16 when it was published in 2010.It sets out the need to consider the historic environment and historic assets when considering the potential impacts on historic assets arising from development proposals. Where harm is likely to occur, it requires planning authorities to balance the impact and harm against wider public benefits that might be achieved from such proposals.9.3.1.5 Planning Policy Statement 9: Biodiversity and Geological Conservation PPS 9 establishes the Government’s policies on the protection of biodiversity and geological conservation through the planning system. The PPS recognises the need to balance development and economic growth whilst ensuring effective conservation of wildlife and natural resources.9.3.1.6 Planning Policy Statement 23: Planning and Pollution Control 68 PPS 23 seeks to provide advice on the relationship between planning and pollution control systems, encouraging close liaison between both systems, particularly in respect of air quality, water quality and waste management. Where potentially polluting developments are proposed, the PPS advises that the Environmental Statement should: “provide a full and systematic account of a development’s likely effects on the environment, including those which are subject to pollution controls, and the measures envisaged to avoid, reduce, or remedy significant adverse effects”.9.3.1.7 Planning Policy Statement 25: Development and Flood Risk PPS25 identifies that the susceptibility of land to flooding is a material consideration in the development process. It highlights that the precautionary principle should be to avoid flood risk and manage it elsewhere, and sets out a sequential approach to the development of land, directing development towards land at a lower risk of flooding in the first instance.9.3.1.8 Minerals Policy Statement 1: Planning and Minerals This National Policy Statement was published in 2006, and sets out the Governments National Objectives and polices with regards to Minerals Planning.National objectives of particular relevance to the proposed road scheme include: To safeguard mineral resources as far as possible; and, To secure adequate and steady supplies of minerals required by both society and the economy within limits set by the environment, and without irreversible damage.These objectives are achieved through the National policies, which include: Define Minerals Safeguarding Areas in Local Development Documents in order that proven mineral resources are not needlessly sterilised by non- mineral development.9.3.1.9 Planning Policy Guidance 13: Transport Planning Policy Guidance Note 13 – Transport (PPG13) seeks to integrate planning and transport at the national, regional, county and local level. The emphasis is upon more suitable forms of development involving less need to travel, but also acknowledging that sustainable development has to recognise and allow for the associated transport infrastructure that is 69 needed to support such development. Such associated infrastructure can range from major new transport investment to more localised measures facilitating pedestrian and cycle movements.9.3.1.10 Planning Policy Guidance 24: Planning and Noise Planning Policy Guidance Note 24 – Planning and Noise (PPG24) notes that noise can have significant effect on the environment and on the quality of life enjoyed by individuals and communities. As such, it seeks to achieve separation of noise generating activities from the most sensitive receptors, in particular residential areas.9.3.1.11 Planning Policy Guidance 15: Planning and the Historic Environment This PPG was replaced by PPS 5 when it was published in 2010.PPG15 previously sought to provide guidance for the protection of Historic Buildings and Conservation Areas, and required Local Planning Authorities to have proper regard to the impacts of development proposals on the historic environment.Where harm would occur to the historic environment, the PPG required local authorities to have regard to any wider community benefits that might outweigh the harm created.This PPG was relevant to the consideration of the first planning application for phase I of the road scheme in 2008.9.3.1.12 Planning Policy Guidance 16: Archaeology and Planning This PPG was replaced by PPS 5 when it was published in 2010.PPG 16 provided guidance for the appropriate consideration and protection of Archaeological remains within the historic environment. It required local authorities to have appropriate regard to the potential for buried remains and to ensure that appropriate assessment was given to archaeological remains within development proposals, and that appropriate mitigation and or protection was afforded to remains affected by development proposals.This PPG was relevant to the consideration of the first planning application for phase I of the road scheme in 2008.70 9.3.1.13 National Planning Policy Framework (March 2012) The Government published its National Planning Policy Framework (NPPF) in March 2012, and this is the Government’s primary Planning Policy Document.The new NPPF revokes other National Planning Policy Statements and Guidance, and must be considered in all plan and decision making processes.Key drivers within the NPPF include: Contributing towards achieving sustainable development, which comprises three dimensions: economic, social and environmental roles, which are mutually dependant and not isolated from one another. The presumption in favour of Sustainable development is a golden thread throughout plan and decision making; The Government is committed to securing economic growth, and the planning system should do all it can to support this aim; Planning should recognise and seek to address barriers to investment that include a poor environment and a lack of infrastructure; Councils should identify priority areas for economic regeneration and infrastructure provision; Encourages sustainable, mixed use developments; Promote sustainable transport, and solutions that support the reduction of greenhouse gases; Develop strategies to provide viable infrastructure necessary to support 71 sustainable development; The appropriate safeguarding of minerals infrastructure from needless sterilisation from non-mineral developmentThe NPPF makes clear that its policies are material considerations which Local Authorities should take into account.However, for the purposes of decision making, the NPPF clarifies that local plans should not be considered out of date simply because they were adopted prior to the publication of this framework.Adopted policies (since 2004) that might have a limited degree of conflict with the NPPF, can continue to be used for 12 months from the day of publication.In other cases, and following the 12 month period, due weight should be given to relevant policies in existing plans, according to their degree of consistency with the Framework.Currently therefore, the adopted Development Plan remains as RPG10, and the Cornwall Structure Plan 2004. Whilst this policy document (NPPF) is new and was not relevant to the consideration of the planning applications for the road scheme, the Councils direction of travel with its emerging Core Strategy and CPIR Framework are clearly in line with the aims of the NPPF in promoting economic growth in priority areas such a CPR, and to the provision social and environmental improvements to improve the quality of peoples lives.9.3.2 Regional Planning Policies and Documents 9.3.2.1 On 6 June 2010 the secretary of State wrote to the Local Planning Authorities of England and Wales announcing the revocation of Regional Strategies with immediate effect.Following a High Court judgment The Secretary of State wrote again to Council leaders on 10 November 2010 highlighting the Coalition Government's commitment to rapidly abolish Regional Strategies and return decision making powers on housing and planning to local councils.72 As a result of the judgment on 10 November 2010 Regional Strategies still form part of the statutory 'development plan'. Decisions on planning applications and appeals must be made in accordance with the 'development plan' unless material considerations indicate otherwise.The Chief Planner wrote to all local planning authorities and the Planning Inspectorate advising that they should still have regard to the Government's intention to abolish Regional Strategies through the Localism Bill and that this is a material consideration in planning applications and appeals.A legal challenge was mounted to the Chief Planner's letter but this was dismissed by the Court on 7 February 2011.That decision was appealed in further litigation and the appeal was dismissed on 27 May 2011.This confirms that the proposed abolition of Regional Strategies can be regarded as a material consideration by local planning authorities and Inspectors when deciding planning applications and appeals. The weight to be given to it will be a matter for the decision maker.The Development Plan therefore currently comprises: RPG 10 and the saved policies of the Cornwall Structure Plan 2004.9.3.2.2 RPG10: Regional Planning Guidance for the South West (2001) The latest Regional Planning Guidance (RPG10) for the South West was published in September 2001. It was replaced by the Regional Spatial Strategy in 2007 (see below). RPG 10, Section 5, The Economy, identifies the importance of targeted economic development. It states in Policy EC 1: Economic Development (Section 5.5) that local authorities, the SWRDA, local economic partnerships and other agencies should support the sustainable development of the regional economy by:  positively promoting and encouraging new economic activity in the areas where it can bring the greatest economic and social benefits and make the greatest contribution to reducing regional disparities in prosperity; 73  accommodating continued economic development in sustainable locations in the more prosperous north and east of the region and seeking to develop beneficial economic linkages between these areas and areas to the west whose economies have performed less well;  ensuring that the region’s unique environmental and cultural assets are maintained, enhanced and utilised to attract and develop business activity;  developing the skills and abilities of the region’s people by improving access to training, education and employment opportunities. It also identified a number of areas of special need, which include Cornwall and the Isles of Scilly and areas of Devon. Policy SS3 of the RPG10 (Spatial Strategy, Section 3) identifies the Camborne-Pool-Redruth area as an area for growth and regeneration within the Western sub-region. Because of the area’s “structural and spatial importance within the sub-region and the opportunities for regeneration” it has been identified as a Principal Area for Regeneration (Section 3.7). Policy SS6 notes that future development should “recognise the CPR area as one where there are major regeneration issues and where policies, plans, proposals and programmes will need to promote opportunities for employment growth in particular.”The Regional Planning Guidance (RPG) for the South West (RPG10) provided a framework for the provision of policy development plans within the region. It provided the framework for the Cornwall Structure Plan (2001 to 2016) 9.3.2.3 Draft Regional Spatial Strategy for the South West The Draft Regional Spatial Strategy (RSS) for the South West was submitted for formal consultation (12 week consultation period) in April 2006. Following the consultation the Secretary of State decided that an Examination in Public (EiP) should be held to discuss and test the draft RSS. The EiP was held during Spring 2007 where all the consultation responses were taken into account. 74 After the EiP, an independent Panel Report was published which identified proposed modifications to the Draft RSS. The proposed modifications were submitted for formal consultation (12 week period) in Spring 2008 and the final RSS was expected to be published in Winter 2008 to replace the current RPG10. The RSS would have provided a framework for the preparation of local development strategies, local transport plans and regional/sub-regional strategies that influence land-use activities. TheStrategy is part of the key development plan to determine planning applications in the South West and has statutory force under the Planning and Compulsory Purchase Act 2004. The RSS identifies 21 cities and towns in the Region as Strategically Significant Cities and Towns (SSCTs). The CPR, Truro and Falmouth-Penryn area is one of them. These areas have been selected because of their current and potential significance for the region, and not simply due to their size. It is believed that these areas would be able to accommodate significant amounts of new development in a sustainable way. Although CPR has a population less than 45,000 its main towns are making an important contribution to sustainable development. There are strong inter-relationships between many of the settlements across Cornwall, although a core group formed by CPR, Truro and Falmouth-Penryn is functionally the most significant, providing the largest employment, retail and housing capacity opportunities. The employment and service relationships between them are complex and interdependent. Therefore, there is a need to plan for their complementary development in an integrated way. These urban areas are the focus for growth in this part of the region. With regard to employment and housing development needs for the future of the area, SR 40 and SR 41 of the Draft RSS stated: “Local Development Documents (LDDs) will stimulate the economy, reduce social inequalities, address housing affordability and reflect the complex inter-relationships between many of the settlements, and should make provision for about 16,500 jobs in the Camborne-Pool-Redruth, Truro and Falmouth-Penryn TTWA and an average of about 690 dwellings per annum at Camborne-Pool-Redruth, Truro and Falmouth-Penryn collectively over the period (present day 75 to 2026), distributed as follows:  An average of about 250 dwellings per annum within and adjoining Truro’s urban area  An average of about 300 dwellings per annum at Camborne-Pool-Redruth  An average of about 140 dwellings per annum at Falmouth-Penryn” Additionally they note that: “Investment will be made in key infrastructure to enable the achievement of the development proposed in this Policy. Development at Camborne-Pool-Redruth, Truro and Falmouth-Penryn will focus on the intensification of the urban areas through the re-use of previously developed land and buildings, maximising densities whilst seeking high quality design standards, complemented by the provision of a strategic urban extension to the South/South west of Truro for about 4,000 dwellings.” The RSS identified a Housing Provision of “6,000 new houses within the CPR area”, Amongst the proposals made in the EiP, however, although not yet approved a further housing provision was sought.The RSS was not formally confirmed and published as Regional Planning Policy.9.3.2.4 The South West Council’s position The South West Council’s issued a press release on 17 June 2009, stating: “However, following a High Court Judgement stating that the plan in the East of England region did not meet certain requirements, the Government have delayed the publication of the South West plan until the implications of this ruling are known” It also noted that: “Regional Leaders are clear that their strategy for the South West (as submitted in April 2006) will deliver the new development needed for future prosperity and meet long term housing needs in the most sustainable way. They did not support the extra development proposed by 76 the Minister.” (Press Release 17-06-09, www.swcouncils.gov.uk)The Draft Regional Spatial Strategy for the South West (RSS) included TheRegional Approach to Transport (RAT) The opening paragraph of the RAT[5.1.1] states:“ The Spatial Strategy …will mean growth and change will be planned for strategically, realising potential and enabling some of the region’s deeper seated problems to be addressed by guiding development and investment to places where it can have best effect.“Proper planning of transport…will assist the achievement of the Spatial Strategy and its three main strategy emphases [including] stimulating economic activity in the west of the peninsula”The RAT stressed the importance of connectivity “which will have important consequences for the western peninsula in particular” [Para 5.1.1].Other key themes in the RAT are its emphasis on concentrating transport investment at the main urban areas, such as Camborne, Pool and Redruth, mitigating and reducing harmful environmental impacts and developing sustainable modes of travel, including public transport, especially in congested corridors.The A3047 is a critical corridor which is the main public transport route between Camborne andRedruth. The proposed new highway will provide a new East to West road, through Pool, bring a measure of traffic relief to the A3047 and its junctions; this will facilitate improvements to public transport and give better access to the industrial area along Wilson Way and BarncooseThe Major Scheme would assist the RAT in its main strategic emphasis of stimulating economic activity in the west of the peninsula, in addressing the transportation needs, in improving the quality, effectiveness and reliability of the local and wider area bus services 77 currently being constrained traffic congestion.,The Major Scheme was included in the South West Region’s Regional Funding Allocation (RFA) programme 2009/10 to 2015/16 following the acceptance by Ministers of advice given by the Regional Assembly regarding priorities for transport scheme proposals9.3.3 Structure Plans, Local Plans and Local Development Frameworks 9.3.3.1 Cornwall Structure Plan The Cornwall Structure Plan is currently the key spatial planning strategy document for Cornwall. It was adopted in September 2004 and covers the period to 2016. Under the new planning processes and procedures, the Structure Plan will be replaced by a Local Development Framework, however, until then, it remains a material consideration in the determination of any planning application in the CountyThe Structure Plan establishes a vision for the County that balances social, economic and environmental well-being within the land use planning framework: The plan defined the role of the main Cornish towns, as well as identifying the improvements to transport infrastructure that would enhance the efficiency of the transport system in the County and, at the same time, reduce the need to travel. The transport proposals included: o Integrated transport strategies for the Camborne-Pool-Redruth (CPR) area and Truro, recognising the key part these two areas will play in spatial planning terms and for the County's economic objectives. The Structure Plan designated the CPR area as one of the largest growth areas in Cornwall with the potential to provide substantial numbers of additional houses and new jobs by 2027. Regeneration plans for the area were originally developed within the SW Regional Development Agency’s Regional Economic Strategy, realised through Local Development Frameworks set within the wider structure of the National Planning Policy Statements, the Cornwall Structure Plan and the Regional Spatial Strategy. New plans are being developed by Cornwall Council to produce the planning policy guidance 78 for the CPR corridor and identify development potential for environmental and economic regeneration and growth within the area.Major transportation improvements are fundamental to achieving the plan targets; they have been in preparation since 2003 with full support of key development partners.These highway improvements represent value for money and are vital to the regeneration of CPR and therefore to the continued revitalisation of the Cornish economy in this corridor. Without these transport investments the regeneration proposals cannot be achieved due to lack of capacity on the existing road network9.3.3.2 Local Development FrameworkThe Council is required to prepare a Local Development Framework (LDF) for Cornwall, in line with Government policy, to guide planning decisions and manage change in Cornwall over the next 20 years. This new framework will build on, and replace the policies and strategies which have been pursued over the past decade in Structure Plans and Local Development Plans.The “Cornwall Core Strategy Option Paper” and the “Camborne, Pool and Redruth Community Network Area Discussion Paper” have been recently issued for consultation - from Jan to 2 March 2012.Whilst the Council are in the process of responding to the comments put forward during the consultation, some initial comments provided at the public road show events included: before looking to utilise larger areas of greenfield land to accommodate future growth for the area revolved around the need to make use of the range of previously developed land The new Local Development Framework (LDF) will set out the Council's policies for meeting the community's economic, environmental and social aims for the future where this effects the development and use of land. The LDF consists of the following elements: Local Development Scheme (LDS) which is a three year plan identifying the 79 documents to be produced in the LDF and the timetable for their production. Statement of Community Involvement which advises how the public become involved in the planning system  The Sustainable Community Strategy 'Future Cornwall' which sets out Cornwall's long term vision for economic, social and environmental well-being, and provides the context for the Core Strategy  Local Development Documents (LDDs) - these documents will provide the framework for delivering the spatial planning strategy for Cornwall.9.3.3.3 Core Strategy The “Core Strategy” (CS) is the main document in the LDF. It contains the key Development Plan Document that every local planning authority must prepare. It sets out the spatial vision for each area, and the spatial objectives and the strategic policies required to deliver that vision.The Core Strategy will set out the broad distribution of development in Cornwall over the coming years and the key policies needed to guide planning decisions. Policies relating to individual sites will be dealt with separately; however, where key sites are necessary, to achieve the overall aims of the strategy, the Core Strategy may identify specific sites for delivering development such as housing, employment, retail, leisure, community facilities, essential public services and transport.The Core Strategy will also sit alongside other plans that Cornwall Council and its partners have prepared, or are preparing. Crucially, it provides a framework for planning decisions to help achieve the Council’s corporate objectives and those of the Sustainable Community Strategy (Future Cornwall) and the Local Transport Plan (LTP3 Connecting Cornwall: 2030); together with other key strategies in the county, such as those for education, health and social inclusion.The Councils Core Strategy preferred approach sets out its Spatial Strategy at paragraph 1.14 – 1.20. Accompanying this strategy are a number of key priorities that from the basis of the strategy, including:80  Supporting the regeneration of former industrial heartlands of our economy, central to resolving deprivation and strengthening the economy. CPR is identified as one of those key areas for economic regeneration, with a particular focus on brownfield land.The Core Strategy Preferred Approach goes on to target CPR as a focus for reducing deprivation and to maintain and enhance the role, function and sustainability of the towns in its section of towns at paragraphs 2.10 – 2.13.In addressing Accessibility at paragraphs 2.39 - , the Core Strategy Preferred Approach seeks to ensure that development proposals are consistent with and contribute towards the implementation of Connecting Cornwall 2030, Cornwall local transport plan.The Scheme is an integral part of that local transport plan for the CPR area.The Councils maintains the principle of minerals safeguarding within any emerging Minerals Development Plan Document associated with the Core Strategy. This is set out within the Options and Preferred Options for Energy, Minerals and Waste (2012) paper that was part of the public consultation for the Core Strategy as set out above, and which closed on 2nd March 2012.9.3.3.4 The Camborne Pool Illogan Redruth Framework 9.3.3.4.1 A place based paper; including the Camborne Pool Illogan Redruth (CPIR) Framework is the Councils document that seeks to deliver the direction and growth for the CPIR area identified within the Core Strategy.In identifying areas that are suitable for development to deliver such growth and regeneration, the Framework aims to deliver previously developed sites as a priority before needing to utilise other Greenfield land.81 The Framework is informed by a number of assessments, including a Transport assessment. This confirms the continued need for transport infrastructure improvements as fundamental to the regeneration of the area for employment and housing in order to contribute towards delivering the growth set out within the Core Strategy, including the development of previously developed sites. Such infrastructure improvements include increasing capacity around the A30 junction’s, developing an East – West link between Camborne and Redruth and a number of sustainable transport improvements including bus, cycle and pedestrian facilities.In progressing the Town Framework, the Council is continuing to liaise with a number of land owners and developers with the aim of planning for the delivery of sites previously developed through master planning, but which are reliant on major transport infrastructure improvements before they can be delivered. The result is that there are a number of projects waiting to come forward for approval, but which are awaiting the delivery of the transport infrastructure improvements for them to be deliverable.The delivery of those sites and other regeneration proposals will contribute towards addressing the legacy of issues surrounding jobs, skill levels, wage levels and homes that CPIR has been dealing with for many years.9.3.3.4.2 Infrastructure Delivery Plan- Planning and delivery are the means by which infrastructure needs are identified and planned for, underpinned by organisational investment regardless of sector. The integration of these individual processes and programmes into an Infrastructure Delivery Plan will enable service providers to more effectively target areas of need with the potential to achieve greater efficiencies and savings.9.3.3.4.3 Evidence Base - PPS12 emphasises that LDF documents must be founded on a robust and credible evidence base, and work is underway on producing a sound evidence base for Cornwall. This work includes a Strategic Housing Land Availability Assessment, Strategic Flood Risk Assessment, Smaller Settlements Study, Cornwall Retail Study, Cornwall Employment Land Review , Habitats Regulations Assessment (HRA) and other essential studies and reports.82 9.3.3.4.4 Sustainability Appraisal/Strategic Environmental Assessment (SA/SEA) - all policies and proposals contained in the LDF must be appraised to ensure that they contribute to the aims of sustainable development. 9.3.3.4.5 Annual Monitoring Report (AMR) - sets out progress in terms of producing Local Development Documents (LDDs) and in implementing policies. 9.3.3.5 Cornwall Minerals Local Plan (1997) Policy S1 of the Minerals Local Plan is a saved Council policy and is relevant to the proposed road scheme, as it seeks to safeguard the mineral resources, in line wit the requirements of National Objectives and Policies within the National Minerals Policy Statement.9.3.3.6 Cornwall Mineral Development Framework Report on Preferred Options 2006 This document supports the need to safeguard mineral resources, and includes a MetalliferousSurface Safeguarding Zones within the South Crofty Mineral Consultation Area. These safeguarded zones are key access points to the mine, and are subject to safeguarding options.9.3.3.7 Cornwall Mineral Development Framework Report Core Strategy Revised Report on Preferred Options 2008: policies 7, 10 and 11 The policies within this Framework report seek to secure the continued safeguarding of minerals and infrastructure resources.This approach requires consideration of a number of key issues, the most relevant being would proposed developments be likely to sterilise important mineral deposits, or be incompatible with extraction, associated waste disposal or ancillary operations.9.3.4 Relevant Planning Policies referred to in the Planning applications 9.3.4.1 The following planning policies were considered during the consideration and determination of the three relevant planning applications, set out in the following section:9.3.4.2 National Planning Policy FrameworkPlanning Policy Guidance 13: TransportPlanning Policy Guidance 24: Planning and NoisePlanning Policy Statement 1: Delivering Sustainable DevelopmentPlanning Policy Statement 1 Supplement: Planning and Climate ChangePlanning Policy Statement 3: HousingPlanning Policy Statement 4: Planning for Sustainable Economic DevelopmentPlanning Policy Statement 5: Planning for the Historic Environment83 Planning Policy Statement 9: Biodiversity and Geological ConservationPlanning Policy Statement 23: Planning and Pollution ControlPlanning Policy Statement 25: Development and Flood RiskMinerals Policy Statement 1: Planning and Minerals9.3.4.3 Regional Planning Guidance 10:Policies: VIS1, VIS2, SS3, SS5, SS18, EN1, EN2, EN3, EN4, EC1, EC3, TRAN1, TRAN2, TRAN3, TRAN4, TRAN5, TRAN6, TRAN10, RE1, RE2 and RE39.3.4.4 Cornwall Structure Plan 2004Policy 1: Principles for sustainable developmentPolicy 2: Character areas, design and environmental protectionPolicy 3: Use of resourcesPolicy 5: MineralsPolicy 6: Waste ManagementPolicy 7: Renewable Energy ResourcesPolicy 8: HousingPolicy 9: Mix and affordability of HousingPolicy 10: Location of Housing DevelopmentPolicy 11: The Urban and Rural EconomyPolicy 12: Sites and Premises for EmploymentPolicy 13: Tourism and Recreation Policy 14: Town Centres and RetailingPolicy 15: Implementation, Monitoring and ReviewPolicy 17: Camborne – Pool – RedruthPolicy 27: Transport StrategyPolicy 28: Accessibility9.3.4.5 Cornwall Minerals Local Plan 1997Policy S1 – Safeguarding the Mineral Resource9.3.4.6 Draft Kerrier District Local Plan 200484 Policies: ST1, ENV6, ENV7, ENV8, ENV15, ENV16, ENV17, ENV22, ENV23, B.EN1, B.EN4, B.EN14, B.EN22, CS2, CS4, CS5, CS6, CS12, CS14, T1, T5, T6, T8, T9, T10 T16 9.3.4.7 The Draft Regional Spatial Strategy for the South West 2006-2026:Policies: SD1, SD2, SD3, SD4, Development Policy A, Development Policy B, Development Policy D, Development Policy E, ENV1, ENV4, ENV5, F1 and RE6 9.3.5 Other Government policy and guidance relevant to The Scheme: 9.3.5.1 A New Deal for Transport: Better for Everyone. The Government’s White Paper on the Future of Transport (July 1998)This White Paper published in July 1998 sought to change the emphasis of transport policy to deal with traffic growth. It focused on integrated transport and the need to implement land use policies to support sustainable development, and reduce the need to travel. The White Paper also sought to promote Sustainable transport to support policies promoting jobs and economic growth to increase prosperity and tackle social exclusion.Further aims of the White Paper included opening up job opportunities through transport supporting regeneration promote sustainable transport opportunities to improve accessibility. 9.3.5.2 Transport 2010: The Ten Year Plan (July 1998) This was the Government’s Investment Plan to deliver the White Paper above. It aimed to deliver the Government’s aims on reducing congestion, a wider choice of quicker safer, more reliable travel by road, rail, and other forms of transport.It also sought to achieve high standards of environmental mitigation to ensure impacts related to noise, biodiversity landscape and heritage are minimised.9.3.5.3 The Future of Transport – a Network for 2030, Government White Paper (July 2004) This set out the Government’s long-term strategy for transport. An underlying strategy was to deal with the pressures of increasing demand for travel by striking the right balance among environmental, economic and social objectives. In terms of the road network, this included new capacity, where it is needed and justified on environmental and social grounds85 “Our strategy takes a balanced approach. Where it makes economic sense, and is realistic environmentally, we will provide additional transport capacity. We want to see road widening and bypasses to tackle the worst areas of congestion, better bus services in our urban and rural areas and many other improvements. But we also recognise that we cannot simply build our way out of the problems we face. It would be environmentally irresponsible – and would not work.” At the Heart of this Strategy were four priorities: Delivering accessibility Tackling traffic congestion Improving air quality Improving safety on the roads9.3.5.4 Delivering a Sustainable Transport System – DaSTS (2008) This sets out five key objectives for transport, focusing on delivering strong economic growth whilst reducing emission: Support national economic competitiveness and growth, by delivering reliable and efficient transport networks; Reduce transport’s emissions of carbon dioxide and other greenhouse gases, with the desired outcome of tackling climate change; Contribute to better safety security and health and longer life-expectancy by reducing the risk of death, injury or illness arising from transport and by promoting travel modes that are beneficial to health; Promote greater equality of opportunity for all citizens, with the desired outcome of achieving a fairer society;  To improve quality of life for transport users and non-transport users, and to promote a healthy natural environment.9.3.5.5 Regional Economic Strategy The South West Regional Development Agency (SWRDA) was the organisation charged with the economic development of the South West Region. In 2003 the Agency published its second Regional Economic Strategy focussing on the period 2003 to 2012 and the third 86 covering 2006 to 2015. The Regional Economic Strategies set out a vision in which: “The South West of England will have an economy where the aspirations and skills of our people combine with the quality of our physical and cultural environment to provide a high quality of life and sustainable prosperity for everyone.” The Strategy moved on to identify three strategic objectives that will support the achievement of this vision. These were summarised as:  To raise business productivity To increase economic inclusion – this objective specifically recognises the differing levels of prosperity and economic development across the Region and establishes the requirement to narrow the gap between the best and least well-off areas. The main priority is to improve the economic performance of deprived urban communities, specifically mentioning that regeneration activity should be focused in the areas that need it the most; more specifically on the concentrations of multiple deprivation in Plymouth, Torbay, Bournemouth, Bristol, Gloucester and in the areas of the two urban regeneration companies: Camborne – Pool – Redruth and Swindon. 9.3.5.6 Sub-Regional Economic Strategy Alongside the review of the Regional Economic Strategy in 2003, the Cornwall and Isles of Scilly Economic Forum, the Sub-Regional Partner for SWRDA, reviewed and updated their “Strategy and Action” document. This document set out the economic development priorities for Cornwall, its Districts, and its various sectoral businesses and local communities.“Strategy and Action” established an overall vision to “achieve sustainable prosperity for Cornwall and the Isles of Scilly” and especially by “supporting and encouraging the regeneration of communities.” This was to be achieved through action in relation to six key areas: business, sector development, infrastructure, learning and skills, communities and “distinctive Cornwall”. The “Strategy and Action” document listed CPR as one of the Key Identified Towns in Cornwall 87 where regeneration is actively developing. The objective was to maximise the benefits that can be achieved by the presence of the CPR Urban Regeneration Company.9.3.5.7 Cornwall and the Isles of Scilly: European Funding 2007-2013 In July 1999, Cornwall and Scilly were designated as an Objective 1 area, placing the county in the category of those regions most in need of support within the European Union.The Single Programming Document, which provided the framework for Objective 1 activity, identified a vision of “a prosperous Cornwall and Scilly where all people and communities share in an improving quality of life”, supported by three main objectives: to increase absolute prosperity;  to create sustainable communities;  to protect and enhance the environmental and cultural and economic The Objective 1 funding programme ended in December 2008. Objective 1 has been replaced by the ‘Convergence Objective’. The Objective 1: European Regional Development Fund (ERDF) has been replaced by a Convergence ERDF programme, and the Objective 1: European Social Fund (ESF) by a Convergence ESF. The ERDF and ESF regulations set out the priorities of the Convergence objective, which focus mainly on jobs and economic growth.Within this programme the CPR corridor has been recognised as an area of significant social and economic deprivation eligible for grant funding.More specifically, the proposed priorities are:  knowledge economy  links between Higher Education and small to medium-sized enterprises  sustainable development and  skills agenda The CPR regeneration objectives to balance the supply of employment, skills and knowledge, clearly fit well with the convergence objectives, which focus on the priorities above. 88 9.3.5.8 Cornwall Local Transport Plan Cornwall’s second Local Transport Plan (LTP2) covering the period 2006-2011 was published in 2005. LTP2 had 5 specific Transport Aims. These were: 1. Improve access to key services and facilities in Cornwall 2. Improve local safety for all who travel in Cornwall 3. Reduce the growth of traffic congestion and transport related air pollution and improve public transport in Cornwall. 4. Provide and maintain an integrated transport network that contributes towards the development of a vibrant and successful economy and regeneration. 5. Reduce the impact of transport on Cornwall’s natural, historic and built environment. LTP2 identified that the challenge for Cornwall was how to achieve regeneration and development in a way that is sustainable and promotes the environmental, economic and social objectives of Cornwall. Solutions were required that support and facilitate the County's economic regeneration and also address mounting congestion problems. The main focus was on seven key urban centres, including Camborne-Pool-Redruth (CPR).Proposals were required to support economic regeneration, while at the same time control congestion across the highway network. For this purpose, an Integrated Transport Strategy for each of the seven urban areas was proposed in LTP2. “Each transport strategy was designed to closely link to and support the spatial planning requirement set out through the Local Development Framework (LDF). It would comprise of a tailored package. Many of the measures within the package were complementary in that they would contribute to the success of other measures, and would have limited impact if implemented individually. In particular, there was an important role for public transport, where enhanced transport links within and between key urban centres will improve access and opportunities for training, employment and to a wider range of services and facilities. This would help break the link between economic 89 growth and traffic congestion that, if left unchecked, could become a major economic constraint in key centres”.LTP2 specifically supported the CPR Regeneration Highways Infrastructure Project and stated that the implementation of a long term transport strategy for the CPR area was pivotal to successful regeneration by creating additional capacity to facilitate new investment in the area. According to LTP2, the following regional priorities are addressed by the Scheme: o To harness the benefits of population growth and manage the implications of population change. o To enhance economic prosperity and ensure quality of employment opportunity. o To address deprivation and disadvantage and reduce significant intra-regional inequalities. A Transport Study was commissioned in 2003 to establish the transportation strategy for the CPR area, which would support the emerging development plans. The recommended strategy from this Study proposed an integrated package of measures to increase travel options, manage and enhance the network capacity and change travel behaviour. The strategy placed a focus on the regeneration and development of CPR in a sustainable way that protected the environment, promoted social and economic development and tackled growing traffic congestion. A key element of the strategy was to reduce car dependency. The strategy was adopted by the, then, Cornwall County Council (CCC) and included in the LTP2. The three cornerstones of the CPR transport strategy were: Expanding travel options, Managing the highway network and Influencing travel behaviourThe main elements of this transport strategy, furthered by the highway improvements which 90 are the subject of these Orders, are: Development of a North-South Corridor in Pool; a gateway dual carriageway to provide quick and safe access from the A30 to the main regeneration areas in the Camborne to Redruth corridor; An East-West Link between Camborne and Redruth, a new road to act as a distributor for the new developments and an alternative link to the congested A3047; Conversion of the A3047 into a bus priority corridor; and, Improvements to cycling and walking infrastructure9.3.5.9 Connecting Cornwall: 2030 (the third Local Transport Plan) Connecting Cornwall: 2030 is the current Local Transport Plan for Cornwall and covers a period of 20 years. Connecting Cornwall is the key strategic policy tool through which the Council exercises its responsibilities for planning, management and development of transport in Cornwall, for the movement of both people and goodsConnecting Cornwall is a key building block of both Future Cornwall 2010-2030 and the Core Strategy of the Local Development Framework. The Core Strategy is currently being developed for publication in 2012 and will set out the planning framework for housing and employment in Cornwall for the next 20 years. Future Cornwall has been developed to guide both the Core Strategy and Connecting Cornwall, which means that for the first time there is a single approach to people and place, covering what we want to achieve and how we will do it“ Connecting Cornwall is supported by an Implementation Plan which sets out how we will deliver the strategy in a series of shorter term programmes (these programmes will reflect the timescale of national funding). Developing a 20 year strategy is a fundamental change in transport planning and allows us to look beyond the usual five year horizon and aspire to achieve much greater outcomes. If we think only in the short term we would be constrained to reacting to the challenges we face now, rather than preparing ourselves to respond to the opportunities that may present 91 themselves in the future. This strategy document sets out the guiding principles and policies for transport delivery in the longer term. Connecting Cornwall is supported by a range of strategies that either address a particular statutory requirement set down by Government or expand on the policies and proposals of a particular transport mode over the same or a shorter time period.” “Connecting Cornwall - Regeneration through Better Communication” was the Council’s long term transport strategy. It has been aligned with 'Strategy and Action', Cornwall's economic strategy plan, which is being used to shape the post 2006 EU Convergence Programme ‘Connecting Cornwall’ has played an important role in providing the context and focus to promote transport projects and bids for funding in the area. The establishment of the CPR Urban Regeneration Company is considered one of the ‘regeneration success stories’ attributed to the strategy as part of a number of developments that have occurred and that acted as catalysts for economic development and investment in the area.9.3.5.10 Kerrier Local Development Framework The Kerrier Local Development Framework was produced by the former Kerrier District Council following the requirements of the Planning and Compulsory Purchase Act 2004 for local authorities to produce a Local Development Framework. It consisted of the local development documents that would contribute to the delivery of the sustainable spatial planning and regeneration strategy for the former Kerrier DC area.The Vision and Strategy of the Local Development Framework was developed from the broader vision of the Community Strategy and it addresses local social, economic and environmental issues. The LDF provided for an inclusive and sustainable community with implications for the development and use of land. This meant:  The conservation of assets (particularly mining heritage) and environment;  The enhancement of local distinctiveness and culture;  Enabling affordable housing; 92  Provision for employment, education, leisure and for the other needs of its growing community. A major part of the Kerrier LDF vision was to achieve “the regeneration of the main Camborne Pool Redruth urban area and to foster its strategic role both for development in Kerrier and in relation to other towns in Cornwall. This included the enhancement of its physical and built environment, investment in infrastructure and transportation, the generation of local employment and the provision of affordable housing”.9.3.5.11 CPR Area Action Plan (AAP) 2006-2026 The Area Action Plan for the regeneration of Camborne Pool Redruth forms part of the Kerrier Local Development Framework, and was consistent with the guidance of the Cornwall Structure Plan (2016-2026) and the Regional Spatial Strategy.The initial draft of the AAP provided “planning policy guidance and allocated development proposals for the environmental and economic regeneration and growth of Camborne Pool Redruth for the period from 2005-2026”. Many of the schemes identified in the AAP were dependent upon improved accessibility to the identified site locations.The AAP was not progressed beyond its draft form by Kerrier District Council, and following theLocal Government Reorganisation in 2009 Cornwall Council was formed as the Unitary Authority for Cornwall.Following Local Government Reorganisation, a new Cornwall Local Development Framework is being developed by Cornwall Council with emerging Core Strategy and CPR Framework proposals which have been out for public Consultation as detailed at Section 9.3.3.2.9.3.6 Scheme development background The regeneration plans for CPR, and the need for transport improvements to enable them were consistently and expressly supported at regional and local levels in plans and policies. This was demonstrated by the fact that the CPR transport strategy was identified by the DfT and Regional Assembly in June 2006 as a priority for funding in the South West Regional Allocation 93 for 2006 to 2016.The strategy adopted by the Council was to maintain progress on the scheme by pursuing the planning applications for the proposals as two, free standing phases. A planning application for Phase 1 was submitted to Cornwall Council in July 2008 and approved in November 2008. Phase 2, from Dolcoath Avenue to Dudnance Lane was submitted in 2009 and approved in Jan 2010. An extension of time for Phase 1 was approved in September 2011.9.4 Planning Applications 9.4.1 Phase 1 Planning Application: East Hill, Dudnance Lane Dualling and Wilson Way In November 2008, Cornwall County Council’s Planning Committee considered a planning application for Phase I of the road scheme, as part of the overarching transport strategy to facilitate regeneration within CPR. This phase included highway improvements from East Hill, through Dudnance Lane, to Wilson Way and Barncoose Industrial estate to link up with the A3047 at Barncoose, Redruth.Specifically the scheme would alleviate existing and projected congestion on the road network, and improve accessibility to the area (including to and from the A30) and improve highway safety.In assessing this application, the County Council considered the proposals against the Local Planning Policies within the Cornwall Structure Plan 2004, and which are identified above.It was noted that the proposals would bring about long term and sustainable improvements to Cornwall’s economic, social and environmental circumstances focusing on a strategic urban centre of CPR through the appropriate improvement of existing transport infrastructure, without harming future opportunities.The proposals delivered high standards of design and protection of the environment from significant adverse effects, contributing to the regeneration of the area, and would utilise previously developed land to deliver the scheme whilst also addressing and managing the potential for flooding and pollution.94 CPR is identified as a strategic priority for regeneration, supporting both employment and housing proposals, and should be supported by improvements in local transport, in particular enhancing public transport links.The proposals would provide a more effective, environmentally friendly and safer transport system, supporting economic and social well being through enabling the efficient and effective movement of people and goods, enabling the safe movement of traffic.Issues were considered relating to cultural heritage , the World Heritage site; landscape and visual impacts; air quality and land contamination; traffic impacts during construction and operation; impacts from noise and vibration; potential for impacts on ecology and conservation; issues surrounding the drainage of the road; and potential implications under the Human Rights Act.The Planning Authority recommended approval because the proposal would enhance the highway infrastructure providing long lasting benefits to the business and employment areas, reduce the pressures on the A3047, and facilitate regeneration of the CPR corridor. Whilst impacts on the surrounding area were acknowledged, these were predominantly during the construction period, and were considered acceptable without any alternative scheme with a lesser impact.Some impacts would arise with regards to landscape, amenity and ecology. However, with appropriate mitigation and control through planning conditions, these would not be significant, and would not conflict with the aims of policies 1 and 2 of the Structure Plan.Overall, it was considered that subject to the identified mitigation measures, that the impacts generated by the proposals were outweighed by the need for the road improvements in supporting regeneration of the CPR area.9.4.2 Phase 2 Planning Application: Dolcoath to Dudnance Lane95 In January 2010, Cornwall Council considered the planning application for Phase 2 of the road scheme.This phase would provide the road from Dolcoath Avenue, across the Red River Valley, through Tuckingmill to meet with the Phase 1 scheme at Dudnance Lane.The policies listed above were considered during the consideration of this proposal.The principle of the road scheme has been long established, and sits within the Local Transport Plan (2006-2011), and in turn within the CPR Transport Strategy. It would clearly facilitate the regeneration of the CPR area through the relief of the local network in particular the A3047.Planning policies promote economic growth and supporting infrastructure improvements focused within the CPR area, to bring about sustainable development and transport improvements.Further consideration was given to matters of highway safety, visual impacts, flood risk and surface water drainage; ground stability and contamination; minerals planning; ecology; residential amenity; noise and vibration; historic environment; and air quality.In balancing these considerations, it was acknowledged during the assessment within this report that the road proposals constitute an important catalyst for the regeneration of CPR, improving highway safety, relieving the existing network from congestion, enhance public transport opportunities, provide sustainable surface water drainage and mitigate for any loss of wildlife habitat and other impacts arising from the proposals. With regards to impacts on the mineral operations at the Crofty Mine, and the conflict with policy S1 of the Minerals Local Plan, it was confirmed that that the mine operations could be appropriately safeguarded through the use of a Grampian style condition that restrict commencement of the works until alternative access to mine and allocation of land for the processing of ore and ancillary operations is achieved.96 The application was approved as recommended for those reasons, and subject to controlling and mitigating planning conditions.Subsequent to this approval, the Local Planning Authority granted planning permission for the proposed new Ore Processing Facility for the South Crofty Mine on November 2011. Located on Council owned land to the south of the existing facility, and including a new underground access to the mine, this would remove the need to use the land required by the road for mining infrastructure in the future.The Council continues to work with the Mine in order to create legal agreements to facilitate the transfer of land and alternate access to the mine.9.4.3 Phase 1 Scheme Extension of Time Following the approval of the Phase 1 scheme in 2008, an application was submitted to Cornwall Council in August 2011 to extend the 3 year period within which the phase 1 scheme was conditioned to be commenced.That application was assessed having consideration of the planning policies listed above:The key issues considered within this application were: The principle of extending the time in which to commence a development is acceptable subject to there being no relevant changes in planning circumstances and policy; Where changes had occurred in planning policy terms with the publication of new National Policy Guidance, these did not give rise to any new material considerations that would give rise to a reconsideration of the phase 1 proposal. The following issues were given particular consideration in addressing a number of objections to the proposals: In terms of the loss of any existing business space that would arise as a result of the proposal, were issues considered within the original approval and did 97 not override the potential regeneration benefits associated from the proposals, and that those benefits can not be realised without the road scheme being delivered; In terms of funding not being available, the Councils has given a commitment to deliver the road scheme, even if funding is Government funding is reduced, when appropriate funding is available; Regarding the transport impacts of the scheme, no objections were raised from either the Highways Agency of the Council’s Highways Development Management officer; Having regard to the conclusions set out within the original report that recommended approval, the committee report considered that there was nothing further to add arising from any changes in the intervening period since the original application was approved; The National Planning Policy Framework was acknowledged as being a material consideration, and the report accepted that proposal is in line with the direction of travel in policy terms, and the policies above remain in place until cancelled.On the basis that there were no material considerations that indicate that the application should be determined any differently to the pervious approval, and that the proposals would bring about the same benefits as identified before, the application to extend the period of time for commencement was approved, subject to controlling conditions.9.4.3.2 What is clear throughout the determination of all of these applications is that the planning permissions have not been considered solely on whether the road improvements are acceptable merely in terms of its land use. The Council has also considered key issues including the need for regeneration in the CPR area to address issues of deprivation 98 surrounding employment, wage and skill levels, and housing provision. Critical to achieving that regeneration has been the need for the improvements to the transport infrastructure that the application would deliver, without which, the ability to release urban sites for development would not be achievable.9.4.4 Planning Background – reduced scope scheme (The Scheme) The present, CPR Major Scheme, highway works will implement only part of the Phase 1 and Phase 2 schemes benefitting from extant planning consentsThe Planning Authority has confirmed that The Scheme can be delivered under the benefit of the extant planning approvals. This position revolves around three main issues: Firstly, that the Scheme is effectively a reduced (and phased) delivery of the first stage of the approved schemes. The proposals are not materially different from the approved schemes, and do not include additional development over and above those approvals; That the Scheme, would not give rise to any increased environmental impact over that which was assessed when approving the original schemes, having had regard to the additional assessments of any impacts on the environment of the Scheme; and  The Council is committed to the (phased) completion of the transport strategy and the approved schemes, including the upgrading of Wilson Way, the dual carriageway standard improvement of Dudnance Lane and the measures to improve public transport on the A3047, when funding becomes available.9.5 Planning Conclusion / Benefits of the Scheme What is important to note is that throughout the various published and planned documents above, there is a consistent focus on the need within CPR for economic and social regeneration to address the issues and problems prevalent in the area. A key priority identified to deliver this has been the need to improve the local transport infrastructure in order to address congestion, highway capacity, and accessibility issues in the area and effectively release opportunities for regeneration schemes that can not happen without those transport improvements. 99 The Council’s emerging CPIR Framework has identified a number of sites and development opportunities that would deliver regeneration, and the Council continues to liaise with the landowners and developers to progress master plans and development opportunities, awaiting the future delivery of the road improvements that will release such sites for development and regeneration.It is clear that, without the improvements to the transport infrastructure, the benefits and opportunities identified above would not be capable of being delivered, and that this also formed part of the consideration of the planning applications for phases 1 and 2 of the road scheme.Without those regenerating developments that are waiting to come forward, wider economic, social and environmental benefits can not be realised, and would not address the legacy of issues and deprivation that the CPR area has suffered, and these would remain.100 1 EFFECTS OF THE SCHEMEEnvironmental ImpactDetailed environmental impact assessments (EIA) were undertaken for the planning applications for both Phase 1 and Phase 2 elements. The findings of the EIAs were reported in Environmental Statements (ES) which formed part of the supporting documents for the planning submissions A non-technical summary for each provided a summary of the principal findings reported in the ES. The EIAs were undertaken in accordance with guidance detailed in Volume 11 of the Design Manual for Roads and Bridges (DMRB) published by the Highways Agency. Volume 11 comprises a structured approach to the assessment of major road proposals. It provides guidance related to the nature of environmental impacts typically associated with such projects and appropriate levels of assessment during the planning and design of a proposal.1 Landscape EffectsThe proposed scheme will introduce a new road and associated structures through both industrial land and farmland and will cross the Red River Valley, creating some adverse impacts to the surrounding landscape and character, particularly during construction, and it will also result in specific adverse visual impacts for some surrounding residents. The great majority of the effects, however, will be minor. The only large adverse impact as a result of the scheme will be the loss of the existing views up the Red River Valley and the visual division of the valley into two areas, north and south of the new road. 1 The Red River ValleyLarge civil engineering works, including the construction of a 10m high embankment, will be required in order to establish the crossing over the Red River Valley and a considerable amount of the vegetation on the slopes and at the bottom of the valley will be cleared. The character of the valley will be significantly changed due to the prominent earthworks and bridge structure 101 over the Red River and Chapel Road. Once the scheme is constructed, the Red River Valley will no longer be perceived as a single landform, but it will be divided into two distinct areas by the proposed highway embankment. The impact on this valley landscape will be “large adverse”. The new embankment and associated structures will have a moderate adverse visual impact on a number of properties on Chapel Road. Mitigation is in the form of sympathetic bridging structures, well designed landforms to integrate the new road into the existing landscape and the use of native tree and shrub planting to help screen and soften the scheme. 1 Dolcoath to the Red RiverThe road will cross a belt of open farmland, presently used as pasture. The land was originally part of the Church View Farm holding but most has now become part of the land designated for the Tuckingmill Urban Village development.The new road will have significant visual impact at a small number of properties on Church View Road. It will also affect the long views from the Tuckingmill urban fringe.The construction of this section will result in the loss and severance of open fields and hedgerows within the present farmland and it will create a new barrier within the landscape.Earth mounds have been created which reduce visual intrusion particularly to the residential properties on Church View Road. These mounds will be planted to increase their screening capability and integrate the scheme into the surrounding landscape.These planting proposals will assist in the achievement of the ecological objectives of the scheme by maximising the creation of new habitats for flora and fauna. The planting proposals include:  Dense tree and shrub mix planting to enable screening of the scheme;  Individual / scattered tree, shrub and groundcover planting in specific locations; 102  The retention of open views by the provision of indigenous grasses on selected embankments and cutting slopes.  Wetland planting around the open drainage channels.Planting will consist of a mix of locally sourced native species of trees and shrubs.1 South Crofty (Red River to Dudnance Lane)Western United Mines’ operations are to be moved southwards and the existing ore processing plant and associated buildings adjacent to Dudnance Lane are to be demolished.The new road corridor traverses the site and the road construction contract will entail demolition of these redundant, derelict buildings. A positive impact on the local landscape character will be generated through the demolition of some of the former mine buildings.1 Station Road to Wilson WayThis area is predominantly open scrub land owned by Network Rail and theCouncil. Existing use adjacent to the Carn Brea Footpath No.4 is as a paddock.The land is not well maintained but it does provide a green buffer between the industrial area to the east and amenities and residential properties on CarnBrea Lane.The road will bisect the area and may have an adverse effect on users of the footpath and the long views from properties. However, at present this area is a mix of land uses with major infrastructure and an assortment of minor industrial buildings. The new road and associated landscaping will bring a degree of unity to the area, improving on the existing character.The road will have an effect on the users of the Carn Brea Leisure Centre sports ground and mitigation screen fencing and planting is proposed to limit the impact of the new road and its traffic.1 Mitigation planting and landscaping 103 Once the proposed mitigation planting is established and begins to mature, there would be a noticeable reduction in anticipated impacts with the majority of residual impacts for properties ranging between neutral and slight adverse. The embankment slopes of the new road, flattened to 1:3 and vegetated, would merge more naturally into the sides of the Red Rover valley as the planting matures. Sympathetic use of local stone on the structures where they cross the valley will help retain some of the local characteristics within the area.Screen planting on the embankments of the road will provide some visual mitigation of the proposed scheme for most properties. Furthermore, the reinforced existing tree planting will provide more effective screening where it intervenes within views from these properties and, in time, it will integrate the highway scheme more acceptably into the landscape.The road scheme will actually stimulate improvements to the landscape in some areas such as the South Crofty landscape and the area between StationRoad and Wilson Way Roundabout.1 Ecology and Nature Conservation1 Environmental Impact appraisals (2008 and 2009)The Environmental Statements (ES) noted that there are no locally designated(i.e. non-statutory) or nationally protected sites of nature conservation importance affected by the Scheme. 1 Although there are no designated areas of ecological importance within the existing or proposed road corridor, the scheme passes through an area of importance for Lichens and Bryophytes. The ecological assessments in the ES concluded that there are likely to be impacts on reptiles and bats. 1 Mitigation104 Mitigation will follow two main approaches: 20 careful working methodologies to avoid destroying or injury to vulnerable protected species;21 habitat creation to provide alternative and better habitats. Areas have been identified for the re-creation of bryophyte habitats. The assessment has concluded that with these measures in place there would be no significant residual effects on the environment as a result of the scheme.Significant enhancements to the wetland habitats in the Red River valley will be undertaken with the road construction works. These will include landscaping and planting around the proposed attenuation pond and extensive re-profiling of the river bed to produce flood shelves, scrapes and transient pools.The scheme’s open channel drainage, and the cascade for water run-off down the eastern side of the valley, will also provide opportunities for wetland planting and habitat creation.These proposals have been developed in liaison with The Environment Agency.1 Legislation and Policy There have been some changes to the legislative and policy framework since the original planning applications were made. No substantive changes to survey and Ecological Impact Assessment guidelines have been made, although there will be changes for both bat and reptile survey guidelines in the near future. The key changes are:  The Habitat Regulations 1994 have been superseded by the Conservation of Habitats and Species Regulations 2010  The list of invasive plant species on the Wildlife and Countryside Act 1981 has significantly increased (2009)  There have been updates to the list and definitions of UK BAP habitats (2010) 105  A new volume to the Cornwall BAP has been published (2011)The Cornwall BAP Volume 4: Priority Projects 2010-2015 has set out several priority projects within Cornwall to help enhance biodiversity within the county. There is a project for the Camborne, Pool, Redruth & Illogan areas, which will revolve around wildlife gardening and community involvement to support and include biodiversity within the regeneration proposals for the area. Key priority habitats within this area are Open Mosaics on Previously Developed Land, Hedgerows and Lowland Heathland. Key priority species in this area include western and purple ramping fumitory, reptiles, amphibians, bats, otter, song thrush, house sparrow and hedgehog.Opportunities will be taken, in the final landscaping design, to support and contribute to local ecological initiatives.Consultation and liaison will be undertaken with regard to the landscaping and habitat recreation to be implemented on development sites adjacent to the Council’s scheme. There may be scope to enhance the net ecological benefits by co-ordinating the efforts of the developers and the Council and unifying their approaches to landscape and wetland planting.1 Update SurveysUpdates surveys will take full regard of the legislative and policy changes and local initiatives and the implications for the Council’s scheme. Updated survey work will be undertaken this year to ensure that all required mitigation is designed with up-to-date information, and any licences are applied for, and in place, prior to construction (including building demolition/ site clearance).An update to the extended Phase 1 Habitat Survey (which will be combined with a badger survey to reduce costs), will be undertaken in the first instance. This will provide important information for mitigation design and construction. This season, to inform final mitigation and pre-construction requirements, update surveys will be undertaken for:  Bryophytes (to collect up to date information on populations and 106 identification of rocks that can possibly be translocated)  Lichens (to ensure up to date information on populations and identification of rocks that can possibly be translocated)  Bats (visual and activity surveys, emergence surveys if required)  Badgers (a further check in Oct/ Nov 2012)  Otters (summer 2012 and again in Oct/ Nov 2012)  Reptiles (3 update visits, using ‘natural refuges’ for survey, in April/ May 2012) It should be noted that if these updated, extended Phase 1 Habitat Surveys identify significant changes to habitats along the route, then other surveys may also need to be updated prior to construction.In terms of changes to legislation and policy, the most relevant aspect to this scheme will be the invasive plant species. Several species, which were added to the Schedule 9 list in 2009, were found on site during the Planning EIA, habitat surveys, including: Montbretia; Variegated yellow archangel; Rhododendron ; Himalayan balsam; Cotoneaster and Parrot’s feather.There will be a duty on the developer to make sure that these plants are not spread beyond the site boundary during construction, and good practice will be followed to put in place measures to control these species where they do occur within the site. The extended Phase 1 update will be able to identify and map the locations of these species in order for recommendations to be made to the contractor for their control.1 Licences and DemolitionA European Protected Species (EPS) licence for bats will need to be in place before any buildings known to support bats can be demolished, and it will be a pre-requisite that alternative roost sites are made available prior to the demolition. Licences may also be required for otters and/ or badgers, along with suitable mitigation – depending on the outcome of updated survey work. 107 Other species which may be affected do not require licences to proceed with works (e.g. common lizard), but the contractor will ensure that the advice of their ecologist is followed to minimise impact.1 Cultural Heritage The CPR area has a rich heritage resource. The EIA assessments have demonstrated that the area and known features of archaeological interest have been subject to significant impact during periods of previous development within the area. Overall, the scheme’s residual effect onHistoric Landscape Character (HLC) is considered ‘Substantial adverse’, which is, in part, due to the removal of some of the mining structures. The scope for mitigation to moderate this is limited since most of these buildings are derelict and will require demolition as the mining operations are relocated. The Cook’s Shaft headgear, adjacent to Dudnance Lane will not be affected by the scheme and is to be renovated and retained under a separate proposal.There is the potential for impacts on features and sites of cultural heritage value that could be exposed as areas are excavated during construction. The assessment has concluded there would be the potential for further significant impacts on the cultural heritage of the area should these be discovered. A programme of further investigation will be agreed with Cornwall Council (in the form of a Written Scheme of Investigation) to ensure that any interests that may be affected are logged and recorded. This will include pre-construction surveys in the form of strip, map and sampling and adoption of a watching brief as areas are excavated during construction. Should finds of interest be identified, further appropriate mitigation would be agreed with the CouncilThree areas of World Heritage Site landscape lie close to the scheme, at Tuckingmill, Chapple’sShaft (Cook’s Kitchen) and Robinson’s Shaft (South Crofty). The direct ‘residual impact’ of the scheme on HLC here is considered to be substantially adverse overall although a road scheme, of itself, is not deemed to be necessarily detrimental to the setting of a WHS.1 Property Demolition 108 One residential dwelling and a number of non residential buildings will need to be demolished.The residential property, known as “Sylmar” would need to be demolished for construction of the scheme. This property is located on the corner of StationRoad opposite the railway line footbridge.Old, derelict, mining operational buildings, within “South Crofty” would need to be demolished. The buildings are steel portal framed with tin sheet or asbestos cladding. The buildings are currently in a state of disrepair (and represent a safety hazard) and are no longer required for Western United Mines’ mining operations on the site. A number of smaller buildings within the site, associated with mining, will also be demolished.The Council owned property known as “Coastline” has a number of outbuildings which will need to be demolished in order to create the new cycleway / footway on the West side of Dudnance Lane. The main office building will not be demolished.A small industrial unit within the Old Station Yard, Station Road will need to be demolished in order to widen the footway and reconstruct the existing stone wall..1 Water Quality and DrainageThe proposed highway drainage infrastructure for the new link road will discharge into the Red River. The impact of the proposed scheme on existing surface waters from accidental spillage is considered to remain as negligible. All attenuation features will include oil interceptors on their outfalls and the pond in the Red River valley will catch any major spillage on this section of the new road – allowing it to be pumped out before it discharges to the river.Flood Risk Assessments have been undertaken which demonstrate that the scheme will not increase Flood Risk. 109 The impact on existing groundwater quantity from routine runoff is considered to be negligible even though the increase in impermeable area will lead to a small reduction in potential infiltration of rainwater. The extensive, underground mining features make this an unusual area; soakaways are not acceptable for run-off water and the water table is often deep due to local shafts and adits. 1 Land Use and AgricultureThe impact on the original holding of Church View Farm would have been severe but the scheme will have only a minor impact on the land now used by the farm. Access to the farm and its residual land has been retained in the scheme design.1 Pedestrians, Cyclists, Equestrians and Community EffectsBy the construction of new infrastructure links, which include new cycleways and footways, the scheme will deliver significant benefits for pedestrians, cyclists and equestrians.The network for these non-motorised road users will be extended with new, contiguous provision between Dolcoath and Dudnance Lane and eastwards toWilson Way and the industrial areas.It will also link to East Hill and the Cornwall College.One of the scheme’s objectives is to make provision for the economic growth in the area and future needs. The scheme’s cross-section gives a versatile layout which is capable of being modified to suit a range of options as developments adjacent to the new road come to fruition.1 Traffic Noise and Vibration1 ConstructionConstruction activities will cause short term adverse noise impacts for receptors within 150m of the route, and short term adverse vibration impacts for receptors within 30m of the route. These 110 impacts will be temporary, and will vary over the construction program. No residual impacts from construction activities are predicted.1 OperationOn scheme opening, some adverse noise impacts are predicted at the nearest receptors adjacent to the new routes, with some beneficial noise impacts at the nearest receptors along existing roads. Overall the estimated population annoyed by traffic noise will increase from 910 in the Do-Minimum to 920 in the Do-Something, a negligible increase. 1 MitigationMitigation during construction is considered in the “Construction EnvironmentalManagement Plan”. A number of mitigation measures have been incorporated into the scheme design, as are outlined in the Planning Application Environmental Impact appraisals and CPR 2012 Noise Assessment Report. Low noise surfacing materials will be used on all new roads, which will provide a 3.5 dB(A) improvement in road traffic noise over standard materials. The design has carefully considered the use of cuttings and Cornish hedges where possible to provide natural screening of the road to receptors, and bespoke noise barriers are to be provided to reduce noise impacts to receptors inChurch View Road, Station Road, Wilson Way / Carn Brea Avenue, and the recreation ground.1 Contaminated ground The ground investigation confirmed that elevated concentrations of contaminants, predominantly arsenic, copper and zinc were present within made ground across the site. A source-pathway-receptor linkage exists as the contaminants within the soils are leachable and therefore have the potential to enter groundwater. The leachability of contaminants may be increased during construction as removal of topsoil or areas of hardcover are likely to increase111 rainwater infiltration. A potential risk of inhalation or ingestion of polluted contaminants exists from the elevated concentrations of metals, predominantly arsenic, within the shallow soils. Construction workers are most at risk, but an inhalation risk to the local population via wind blown material exists when these soils are exposed during construction works. The EIA assessment has demonstrated that with implementation of good practice mitigation measures, there would be no potentially significant impacts associated with the soils, geology or hydrogeology of the study area in the vicinity of the proposed scheme corridor.1 Air Quality 1 Existing conditionsAir quality in the vicinity of the proposed scheme currently varies from very good, at locations distant from major roads, to poor, particularly along theA3047 through the CPR area. As a result, Cornwall Council (as Kerrier DistrictCouncil in 2005) declared the Camborne-Pool-Redruth Air Quality ManagementArea (AQMA). The AQMA is potentially directly impacted by the proposed scheme.Emissions of greenhouse gases from the traffic network in the study area are predicted to increase with the operation of the Scheme. This is due to an increase in vehicle-kilometres travelled, the majority of which are related to new developments in the CPR area. However, the increase is insignificant in relation to regional emissions from road transport.1 Assessment and forecastThe local air quality assessment for the proposed scheme demonstrates that no significant adverse impacts on air quality in relation to human health are expected as a result of its operation. Ambient pollutant concentrations are112 predicted to increase at receptors close to the path of the new route. However, total concentrations remain well within the relevant air quality objectives for all pollutants and, consequently, no significant health effects are anticipated.Alongside existing roads, some beneficial impacts on air quality occur within theAQMA where traffic is diverted onto the new route. No mitigation is required in relation to the operational impacts of the Scheme.Construction and mitigationThe construction of the proposed scheme is considered to present a risk in relation to the generation of nuisance dust effects. This is a result of the requirement for significant earthworks and construction/demolition activities along the proposed route, and the proximity of receptors. Mitigation of the effects will be required. However with the application of best practicable means, significant adverse impacts are unlikely to occur. There may also be some temporary impacts due changes in vehicle emissions resulting from construction vehicles and traffic management measures. These impacts are unlikely to be significant due to the relatively low numbers of additional vehicles and can be mitigated by minimising impacts in areas of existing poor air quality.OperationIn the medium to long term, the scheme has the potential to deliver a net benefit in terms of local air quality, with an overall reduction in exposure to pollution as traffic diversion from existing routes increases and the use of cycleways / pedestrian facilities is encouraged. 10.11 Construction Environmental Management Construction impacts The contractor’s Contract Management Plan will cover all areas of the works and within it will be the Construction Environmental Management Plan(CEMP). An early draft of this evolving document was included in the Phase 2113 planning application (Environmental Statement, Vol. 3, Appendix A2).The Contract Management Plan (CMP) is a key document which describes how the construction works will be carried out and explains the restrictions which will be placed on the contractor. It explains how the work will be managed to minimise impact on the environment – including monitoring by ecologists and archaeologists and liaison with various bodies. It describes the proscribed measures which will need to be followed. The Plan will become part of the construction contract and will be binding on the contractor.Implementation of the CMP obligations and requirements will be a high level, individual, responsibility within the contractor’s site staff. Compliance will be monitored by the Council’s site supervisory team and immediate action will be taken should the requirements of the CMP not be met.There would be disruption within the CPR area during construction.Assessment of the outline construction programme highlighted the impacts associated with construction related noise, vibration and dust generation.Impacts on the road network – closures and restrictionsThere will be disruption to flows on the road network in particular during reconfiguration of the Dolcoath Roundabout, Station Road, Wilson Way and construction of the bridge in the Red River valley. Appropriate diversion routes will be in place prior to roads being closed, as agreed with Cornwall Council; the diversion routes would be clearly signed.Some closures will be of long duration.Initially Chapel Road will have a lane closure under traffic lights for a duration of around 4 weeks followed by a temporary road closure to allow for construction of the bridge sub structure and chapel road new road alignment. Chapel Road will then be opened using the new alignment. 114 This will allow a series of lane closures under traffic light control on DolcoathRoad to construct the new roundabout and Dolcoath Road alignment. Following completion of the Dolcoath roundabout a temporary road closure will be required at Lower Pengegon, to construct the western tie-in of the CPR road with the Dolcoath development. Once the tie in is complete and the road reopened Chapel Road will be closed again, for a duration around 13 weeks, to enable construction of the Red RiverValley bridge superstructure. A temporary road closure will also be required between Penhallick Road andStation road as the road level is raised, and the new access to Tesco established. This will be followed by lane closures, under traffic lights, to construct the works around Penhallick Road. A night closure will be required to complete the surfacing and road markings at the junction.During these closures, essential access to businesses for deliveries and customers will be maintained by the use of temporary alternative means. Alternative routes for vehicles would be available and signed for all the proposed closures.Pedestrians and cyclists would still be able to pass on the closed roads for most of the time, except on Chapel Road where major earth moving will be required across the valley.Private and commercial access Access will be kept open at all times – except for scheduled, short period closures – advised well in advance.Mitigation measuresA wide range of construction-related mitigation measures were identified during115 the Environmental Impact Appraisals for planning, and will be included in the form of environmental commitments, formalised within the ContractManagement Plan (CMP). These measures include statutory obligations, best practices and site-specific measures, and include constraints applying to the works, such as noise levels, emissions, hours of working, vehicle washing, control of polluted material; and constraints pertaining to the environment such as nesting birds, habitats and the need for surveys and heritage protection measures.The contractor will be required to integrate these requirements and safeguards into site working practices and detailed method statements for the principal construction activities. 10.12 Development of the CMP and OutcomeThe CMP will continue to be developed during the detailed design phase and will be subject to agreement with the Council and other statutory bodies responsible for aspects of the environment. Contact will be made with those who will be affected by temporary disruption.News bulletins will be issued regularly through various media – including flyers, e-mails and in the press.There will be a single contact point for members of the communities and their elected representatives to seek information, comment on, or complain about, aspects of the construction. These communications will be logged and responses made swiftly; further contact with the member may be made to ensure that the issue has been fully resolved. The issues raised will be monitored to ensure that they are closed out and that lessons are learnt for ongoing work activities. The assessments to date have concluded that, with these measures in place, and due to the temporary nature of the works, there would be no significant residual effects on the environment as a result of the construction of the116 proposed scheme.10.13 Accessibility (DDA compliance)The needs of the disabled have been considered in the design of the scheme. Tactile paving has been used at crossings, footpath grades are 1:20 and seating has been provided at regular intervals. The scheme gives safe, new provisions for pedestrians. Advantageous scheme outcomes: Traffic relief along the A3047 from Barncoose to Camborne (Wesley St roundabout) Increased capacity in the junctions on the A3047 to accommodate economic growth Reduced highway network congestion for users in the surrounding area and reduction in the use of unsuitable routes Better options for those without cars Reduced delays for users wishing to access facilities in the area Improved access to residential, industrial and commercial properties Improvements to cycling and pedestrian infrastructure – including new facilities and links to existing networks; the scheme will create safer pedestrian and cycle routes, strengthening the links between the existing residential areas and industrial estates. Traffic signal controlled crossing points at key junctions and other crossing pointsAll public highway users should be able to benefit from the new roads and improvements which form part of this integrated transport package for the area. There are no isolated concentrations of deprivation in the CPR corridor which will be adversely affected by the scheme; there is no reason why any groups should be disadvantaged or be excluded from the scheme benefits.117 11 TRAFFIC FORECASTS AND ECONOMIC ANALYSIS11.1 Interim improvements and the need for the schemeInterim improvements at the East Hill junction were completed in January 2010, which included the replacement of a double mini-roundabout with traffic signals, and widening of the approach from the A30 trunk road. These improvements were intended to provide capacity for the early development proposals in the area, and have been successful in allowing these to be realised. Despite these successful improvements, however, capacity at East Hill would still severely constrain inward investment and regeneration in the future if the scheme is not provided. Without the scheme, queues and delays will also impact on bus services, increasing journey times and contributing to unreliability.Detailed assessments of junction capacity have been carried out at East Hill to estimate how delays would increase if the scheme is not completed. On the basis of assessments carried out for the Council’s Best and Final Funding Bid to the Department for Transport in 2011, average delays on the A3047 during peak hours would be about 6 – 7 minutes per vehicle by 2015 if the scheme is not implemented.11.2 Traffic modelling and forecasting In order to forecast the traffic impact of the Transport Strategy, a traffic model was developed of the Camborne/Pool/Redruth area using data collected between 2003 and 2010. The model represented traffic during AM peak, PM peak, and inter-peak hours during a weekday, and has been validated against existing levels of traffic and journey times.Traffic forecasts have been produced without and with the published scheme(which is Stage 1 of the Transport Strategy), taking account of forecast developments in the Camborne/Pool/Redruth area. By providing a new route for east-west traffic avoiding the delays at East Hill, the scheme provides additional capacity to accommodate forecast development, removes the large delays at 118 East Hill, and improves journey times and reliability for buses along the A3047. Capacity assessments at new and improved junctions indicate that the scheme has adequate capacity to cater for housing and employment forecasts up to2030. Highway capacity will, therefore, no longer be a constraint on regeneration in the area.The traffic forecasts, set out in the Best and Final Funding Bid, are summarised in the Table below: Predicted Annual Average 24hr 2 way Traffic Flows (AADT) in Year of Opening (2015)Without Scheme With Scheme % Change Location (AADT) (AADT) A3047 East Hill 19,900 18,400 -7.5% A3047 Trevenson Road 14,500 15,800 +9.0% Barncoose Link 5,700 4,700 -17.5% A3047 Agar Road 12,600 15,700 +24.6% East-West Link west of Dudnance 5,600 Lane East-West Link east of Station Road 6,700 East-West Link west of Tuckingmill 4,600 Dudnance Lane north of East- 6,400 5,000 -21.9% West link A3047 Pendarves Street 11,000 10,500 -4.5% A3047 Roskear Road 11,200 10,300 -8.0%119 11.3 SafetyIn the Transport Economic Efficiency Assessment submitted as part of theMajor Scheme Business Case in November 2008, an assessment was carried out of the likely accident benefits over the 60 year assessment period. These are summarised in Table below.Total No. of No. of Casualties Saved Accidents Saved Fatal Serious Slight11.9 0.3 1.8 18.211.4 Economic assessmentThe results of the traffic modelling have been used to carry out an economic assessment of the scheme. The economic assessment takes account of journey time savings, vehicle operating cost changes, journey time reliability improvements, improved economic output, and a quantification of greenhouse gas reductions. The results show that the scheme provides high value for money.The results of the economic assessment reported in the Best and Final Funding Bid are summarised in Table below:120 Element / aspect Scheme Benefits*Economic Efficiency: Consumer User - Commuting TUBA 6,796Economic Efficiency: Consumer User - Other TUBA 12,727 Economic Efficiency: Consumer User – Business Users and TUBA 12,327 Providers Wider Public Finances (Indirect Taxation Revenues) TUBA -2,003Reliability Benefits 3,646Greenhouse Gases 824Increased Production 1,233Total Benefits (PVB) 35,549Scheme Costs (PVC) 10,860Net Present Value (NPV) 24,689Benefit to Cost Ratio (BCR) 3.27*All figures are in £’000s discounted to 2002 values (except BCR)The economic analysis detailed above clearly demonstrates that the Scheme provides significant economic benefits, with a robust benefit-to-cost ratio. This level of transport economic return compares favourably with other schemes in the government’s national programme; it is particularly strong since the economic benefits of the scheme’s role in facilitating economic growth, jobs and housing, have not been included in the assessment above.11.5 Wider Economic Impacts11.5.1 Economic Growth objectivesThe CPR area has been consistently identified under EU criteria for deprivation as a candidate for Objective 1 funding and then for Convergence Funding. There are three relevant issues which relate to this status:121  High development costs and low rental values in the CPR area do not provide a sufficient margin for private sector developers; many developments are not viable without public sector funding support; in turn development doesn’t provide the returns that enable the Council to seek the level of developer contributions required to fully fund the necessary infrastructure; Time-limited ERDF funding is critical. Unless the local schemes to deliver economic growth are completed by 2015 they will lose the potential for Convergence Funding, on which they are reliant; Local road access is inadequate without the proposed scheme. Many of the major developments in the CPR corridor would not gain planning approval without the CPR Transportation Strategy.The Council is planning for the area’s future housing growth which will provide the necessary additional workforce to facilitate the sustainable delivery of the area’s economic aspirations. All of the sites identified for the housing and economic growth are supported by the Planning Service and are encapsulated within the Camborne-Pool-Redruth ‘Town Framework’, which is an emerging planning document that sits alongside the Core Strategy. Furthermore, the Town Framework is being prepared by the Planning Service with the help of a Steering Group that is made up of the local Cornwall Council members and representatives from the relevant Town and Parish Councils – to ensure local support for the proposals; which is the aim of the Government’s Localism Agenda. 11.5.2 Forecasts for jobs and housingThe local economic growth, rate of building and developer confidence has led to forecasts being revised. The downturn in the national economy has been partially off-set by local developer confidence as planned economic growth has been steadily realised. The present forecasts are: 122 TEMPRO Total 2010- 2010-15 2015-30 growth 2030 figures Jobs 1831 3707 5538 1373Housing 1497 6163 7660 4404The planned CPR economic growth was considered to support the government’s belief that “business is the driver of economic growth and innovation” and will “boost enterprise, support green growth and build a new and more responsible economic model”. CPR regeneration has been considered to be a grass roots example of policy objectives being realised. 11.5.3 Leverage for other investment benefitsThe road scheme will stimulate regeneration and attract some £300m further development investment from the private sector, which will be eligible for ERDF support from the EU Convergence Programme. This would include offices, leisure, retail and the realisation of the South Crofty Framework Plan. The reopening of the South Crofty tin mine, adjacent to the World Heritage Site, (valued at up to £70m), would be accommodated by the road scheme. 11.5.4 Changes to policy and redevelopment plans The Council has made no significant changes either to its policy objective of stimulating economic growth and investment by providing essential infrastructure, or in the scale or nature of the planned developments. Planning permission has already been granted on developments that will deliver 595 of the 1831 jobs and 611 of the 1497 homes forecast by 2015.The market has slowed with the economic downturn but the Master Planning and planning process for all the major developments which need the new road infrastructure are still on programme. They are making progress in the expectation that the road 123 scheme will be delivered before 2015.The timescale for these cannot be delayed without the risk of losing essential ERDF funding.124 12 MATTERS RAISED IN OBJECTIONS AND REPRESENTATIONS12.1 Statutory Objections A total of 21 statutory objections have been received. Negotiations and discussions will proceed with all objectors to resolve points of objection where possible. 12.2 Concerns regarding the reduced scope of the schemeThe scheme has been reduced in scope in order to respond to the government’s Comprehensive Spending Review (June 2010). The bid for public funding has been halved. Some important elements of the original Scheme have been postponed until further funds become available to the Council. There will be a reduced benefit due to the deletion of these elements but theScheme still meets its objectives. The omitted elements are not viable at this time.The Council also considers that it should not, at present, incorporate improvement works which can be delivered when adjacent developments have gained planning consent. It will be essential for developments to co-ordinate their access requirements in order that the optimum junctions can be implemented in due course.12.3 Concerns regarding the timing of the schemeIt has been suggested that the Scheme should not proceed until it can be completed in its entirety.The Council is unable at present to complete the original scheme due to the lack of available funding. To undertake no infrastructure improvements at all would jeopardise the planned, regeneration developments in the area which rely on the scheme. Without the new road many planned projects would not be able to proceed because the existing highway network would be inadequate, and provision of improvements by the developers is not economically viable.12.4 Land included in the CPO is not required for the Scheme Only essential land required for the scheme has been included in the CPO. 125 Land has been identified for essential landscaping and planting to provide mitigation screening and to integrate the road into the landscape. This land is, in some places, additional to the land required to construct the road.All land required has been shown as being required as Title in the CompulsoryPurchase Order (CPO). This gives the Council the security of being able to take ownership of all the necessary land if required.It is expected, however, that where the land is only needed temporarily for construction the Council will be able to negotiate an Essential Licence for the use of the land for the duration of the works without needing to take title. Land has also been included in the CPO to enable the Council to acquireRights to maintain some elements of the works, such as drainage outfalls, bridge structures and retaining walls, in the future.12.5 Traffic noise and vibrations from the scheme will be excessive and air quality will deteriorateThe noise impact has been modelled and noise reduction fencing and earth mounding has been provided in the scheme design at key locations. These measures will give significant reductions in the impact of the predicted traffic.Earth bunds and close boarded, high density, timber fencing with sealed gaps will give substantial reductions in noise levels where needed.The predicted air quality will remain well within the relevant air quality objectives for all pollutants, and no significant health effects are anticipated. 12.6 The impact of the Scheme is unacceptable without further mitigation measuresCarn Brea Leisure CentreAdditional screen fencing, landscaping vegetation and earth mounding will be provided to mitigate the visual impact of the Scheme’s traffic. Residences126 The noise impact has been modelled and noise reduction fencing, tree and shrub planting and earth mounding will be provided adjacent to properties onChurch View Road and 78 Carn Brea Lane in order to mitigate adverse effects.12.7 Loss of landThe loss of land will be financially and operationally detrimental to some land owners and businesses.The scheme has been designed to accommodate operational needs where possible and minimise impacts on businesses. Land owners will be compensated for the loss of their land. They will also be compensated for consequential financial losses (during construction and permanently when the road scheme is opened) to ensure that they are in no worse a position financially after the Council has acquired their land than before.12.8 Adverse effects of the Scheme on commercial interests and business premisesThere will be temporary adverse impacts on commercial interests during construction and permanent impacts when the road scheme is completed. Most businesses will benefit from the increased “passing trade” traffic once the scheme is completed. All businesses will benefit from quicker, easier journeys on the local road network – and better access to the A30 Trunk Road via East Hill. Loss of operational landThe loss of operational land may constrict the ability of delivery vehicles to manoeuvre internally on the site which may impinge on the company’s financial performance.Loss of parkingLoss of parking may have a detrimental effect on customers and company vehicles delivering materials and dispatching goods. 127 Restricted access and loss of trade during constructionImpact on access may similarly impose constraints on business operations which may have financial implications.These impacts would all be addressed by the Council in its negotiations on acquisition and compensation. The Council considers that all affected commercial interests will remain viable after the new road is open, albeit with varying levels of detrimental impact and consequential reduction in business.12.9 Detrimental effect on current mining operationsThe road would sever the current operational land and requires the demolition of the old ore processing buildings. The expansion and relocation of mining activity southwards has been accommodated by the road scheme. A land exchange agreement between Western United Mines (WUM) and the Council allows for the land required for the road to be released by WUM and land required for the new mine areas and processing plant, to the South, to be released by the Council.12.10 Impact on operational railway landNetwork Rail has objected to the scheme, due to the loss of its land, pending internal clearance procedures and the agreement of acceptable accommodation works.The scheme requires operational land from Network Rail as it continues fromStation Road, parallel and close to the rail line, eastwards and then north toWilson Way. The new road would go through an existing, small Network Rail maintenance depot adjacent to Carters Packaging which is a fenced and gated secure area, used infrequently but regularly. The new road then traverses open, rough ground which is also part of NetworkRail’s operational land – accessed through the depot. This area is not routinely used.There is another, unused, Network Rail depot on the south side of the railway line of a similar area and the Council proposed to undertake works to establish128 this as a functional and acceptable replacement depot for the one which will be lost on the north side of the line. The proposed works will include re-grading and re-profiling the operational area (to within 3.0m of the tracks), laying a rolled stone surface and providing secure fences and gates.12.11 Non-Statutory Objections A number of non-statutory objections and Representations have been made on the grounds of:22 potential loss of business and disruption during construction;23 the effect of the Council’s land acquisition for construction on a “claim of adverse possession” being made for land ownership of a plot which is presently unknown ownership;24 impact on amenity users.12.12 RepresentationsThe Ramblers Association noted an error on a diagram in the Side RoadsOrder which will be corrected formally at the Public Inquiry. It does not materially affect the order.12.14 Representations of SupportA letters of support has been received from CPR Regeneration129 13 FUNDING13.1 Programme Entry awardThe Scheme cannot be fully funded locally, through either the private or public sector, due to the high cost of remediation and demolition required to develop contaminated brown field areas despoiled by previous industrial use.Following the submission of the Councils Best and Final Funding Bid, Ministers agreed to provide Cornwall Council with the funding requested and thereby have reconfirmed Programme Entry status for the scheme. This funding Decision is subject to conditions regarding: future government policy scheme design remaining essentially as agreed – subject to the completion of statutory procedures regular financial monitoring adherence to programme  level of third party contributions  the procurement process further scheme evaluation acceptable governance arrangements  appropriate project assurance mechanismsThe Department considers that this should allow the Council to complete the remaining statutory, legal and procurement processes (but not enter into contractual or other legal commitments for the construction of the scheme), following which a request for Full Approval will be made. Once Full Approval has been granted the required contractual and 130 other legal commitments for the construction of the scheme can be entered into. 13.2 Department for Transport Funding Should Full Approval of the scheme be granted, the Department will provide a maximum funding contribution of £16.08m towards the estimated total scheme cost of £26.81m. No further funding will be provided by the Department for this scheme. Government funding will be paid as capital grant under Section 31 of the Local Government Act 2003, to an indicative profile to be agreed. 13.3 Full Department for Transport ApprovalSubject to the Secretary of State confirming the Orders, the Council will submit a request to the Department for Transport for Full Approval. The submission will include: confirmation of the overall cost and scope of the scheme, and details of confirmed funding contributions from third parties;  a declaration that that the Council has acquired all the necessary statutory powers to construct the scheme (Traffic Regulation Orders excepted);  confirmation that the procurement process has been completed and the contract is ready to be awarded; evaluation plans for the scheme, and  confirmation from the Council’s Section151 officer that the Council has the ability to underwrite all remaining funding required over and above the maximum Departmental contribution, including any additional funding required as a result of any remaining legal and procurement processes.1 Sources of FundingThe DfT funding has been allocated and, subject to final Department forTransport checks, there are no financial impediments to the scheme 131 progressing to construction.Breakdown of scheme funding sources (underwritten by Cornwall Council where necessary)Grant, Developer and £m Local authority Contributions Convergence Funding (ERDF) 5.09Developer Contribution (“roof tax”) 1.98Growth Point Funding 1.20Local authority Contribution 2.46Department for Transport Funding 16.08Outturn Total scheme Costs 26.81132 14 HUMAN RIGHTS ACTThe Human Rights Act 1998 incorporated into UK law the European Convention on Human Rights’ (“the Convention”). The Convention includes provisions in the form of Articles, the aim of which is to protect the rights of the individual (including companies). In resolving to make the Order the Council should consider the rights of property owners under the Convention, notably under the following articles:Article 1 (of the First Protocol) This protects the rights of everyone to the peaceful enjoyment of possessions. No one can be deprived of possessions except in the public interest and subject to the relevant national and international laws. Article 8 This protects private and family life, home and correspondence. No public authority can interfere with these interests except if it is in accordance with the law and it is necessary in the interest of national security, public safety or the economic well-being of the country. Article 14 This protects the right to enjoy rights and freedom in the Convention free from discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, or national or social origin. In the case of each of these Articles (and indeed other provisions of the Convention) the Council has been conscious of the need to strike a balance between the rights of the individual and the interests of the public. Extensive consultation has taken place in relation to the proposed scheme at the planning stage with the opportunity being given for affected parties to make representations. Negotiations have also been pursued with many parties affected by the compulsory purchase order.The Human Rights Act 1998 requires (amongst other things) that every public authority must act in a manner which is compatible with the Convention for theProtection of Human Rights and Fundamental Freedoms (“the Convention”).The main articles of the Convention which are of importance in circumstances where the Council is considering making a CPO are Article 8 – the right of an individual to respect for his/her private and family life and home and Article 1 of133 the First Protocol – the protection of property. The European Court of Human Rights has recognised in the context of Article 1 of the First Protocol that “regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole”, i.e. in the present context that any compulsory purchase of land must be proportionate. Both public and private interests are to be taken into account in the exercise of the Council’s powers and duties as a local planning authority. Similarly, any interference with Article 8 rights must be such that is“necessary in a democratic society”, i.e. proportionate. In pursuing a compulsory purchase order, the Council has to carefully consider the balance to be struck between individual rights and the wider public interest having regard also to the availability of compensation for compulsory purchase. Whilst Article 8(1) (as has been noted) provides that everyone has the right of respect for his/her property Article 8(2) allows the State to restrict the rights to respect for the property to the extent necessary in a democratic society and for certain listed public interest purposes (e.g. public safety, economic well being, protection of health and protection of the rights of others). If the Order is confirmed, compensation may be claimed by persons whose interests in land have been acquired or whose possession of land has been disturbed. In the circumstances, if the Order is confirmed, the compulsory acquisition of the Order Land will not conflict with Article 1 of the First Protocol or Article 8 of the Convention. The Council considers that there is a compelling case in the public interest for the Order Land to be acquired. Having regard to the need for the Scheme, the Council considers the acquisition of land and rights over land that the Order would authorise to be proportionate and justified. 134 15 CONCLUSIONThe Council is convinced that the scheme, which is the subject of the madeOrders:25 is viable and good value for money; 26 is in the public interest;27 meets the critical objectives; and28 is in accord with national, regional and local policy. Moreover the Council believes that any negative impacts of the scheme are outweighed by the substantial benefits which it will bring to local communities, residents, visitors and businesses and the economic regeneration and growth which will be facilitated.135 ANNEX 1 LIST OF DOCUMENTS TO WHICH THE ACQUIRING AUTHORITY MAY HAVE REFERRED OR MAY REFER TO IN EVIDENCE Documents relating to the CPO and SRO The Cornwall Council (Camborne Pool Redruth) (Highway Improvements) Compulsory CD 1.1 Purchase Order 2011 and the drawing sheets forming the map attached to the Order The Cornwall Council (Camborne Pool Redruth) (Highway Improvements) Compulsory CD 1.2 Purchase Order 2011 Statement of Reasons The Cornwall Council (Camborne Pool Redruth) (Highway Improvements) (Classified Road) CD 1.3 (Side Roads) Order 2011 and the drawing sheets forming the map attached to the Order The Cornwall Council (Camborne Pool Redruth) (Highway Improvements) (Classified Road) CD 1.4 (Side Roads) Order 2011 Statement of Reasons CD 1.5 Cornwall Council Cabinet Decision Sheets CD 1.6 Scheme overall Plan WHV285300BP-0100-0002 rev A CD 1.7 Scheme General Layouts WHV285300BP-0300-001 to 010 (all Rev B) CD 1.8 Scheme Long Sections WHV285300BP-0700-151 to 160 (all Rev B) CD 1.9 Scheme General Layout WHV285300BP-0300-006 rev DDocuments relating to the Planning Application and Permission CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA001 - Supporting CD 2.1 Statement CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA002 - Traffic CD 2.2 Statement Report CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA003 - CD 2.3 Environmental Statement Vol 1 (Text) CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA004 - CD 2.4 Environmental Statement Vol 2 (Figures) CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA005 -Environmental CD 2.5 Statement Vol 3 Appendices A-E CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA005 -Environmental CD 2.6 Statement Vol 3 Appendices F-K CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA005 -Environmental CD 2.7 Statement Vol 3 Appendices L-M CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA005 -Environmental CD 2.8 Statement Vol 3 Appendices M-N CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA006 - Non CD 2.9 Technical Summary CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA007 – Statement of CD 2.10 Consultations and Community Involvement CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA008 - Scheme CD 2.11 Drawings (Folder 1 of 2) CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA008 - Scheme CD 2.12 Drawings (Folder 2 of 2) CPR Regeneration Highway Infrastructure Project – Phase 1 750105-R-PA009 - CD 2.13 Supplementary Drawings CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA001 Supporting CD 2.14 Statement CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA002 Traffic CD 2.15 Statement Report CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA003 Environmental CD 2.16 Statement Vol 1 (Text) CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA004 Environmental CD 2.17 Statement Vol 2 (Figures) CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA005 Environmental CD 2.18 Statement Vol 3 (Appendices) A-E CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA005 Environmental CD 2.19 Statement Vol 3 (Appendices) F-H CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA006 Environmental CD 2.20 Statement (Non-Technical Summary) 136 CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA007 Public CD 2.21 Consultation Report CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA008 Stakeholder CD 2.22 Statutory Consultation Report CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA009 Scheme CD 2.23 Drawings (Folder 1 of 3) CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA009 Scheme CD 2.24 Drawings (Folder 2 of 3) CPR Regeneration Highway Infrastructure Project – Phase 2 750244-R-PA009 Scheme CD 2.25 Drawings (Folder 3 of 3) CD 2.26 Planning Permission for Phase 1 (December 2008)CD 2.27 Planning Permission for Phase 2 (January 2010)CD 2.28 Extension of Time for Planning Permission for Phase 1 (September 2011) Confirmation from Cornwall Council that Planning Permissions are still relevant for the reduced CD 2.29 (Major Scheme Proposal)Local and Regional policy documents and lettersDepartment for Transport Regional Funding Approval and Re-Confirmation of Programme CD 3.1 Entry (BFFB approval) The Draft Regional Spatial Strategy for South West 2006 – 2026  Executive summary  The Draft Regional Spatial Strategy CD 3.2  Implementation Plan  Pre-submission consultation statement  Strategic sustainability assessment – Main report CD 3.3 Regional Planning Guidance for the South West (RPG10) (September 2001). CD 3.4 Cornwall LTP2 CD 3.5 Connecting Cornwall:2030 (LTP3) CD 3.6 Connecting Cornwall: 2030 (LTP3) Executive summary Regional Economic Strategy for South West England 2006 – 2015 - Spatial Implications - CD 3.7 Place Matters 2006 The Draft South West Regional Spatial Strategy for the South West incorporating the CD 3.8 Secretary of State’s proposed changes – For public consultation (July2008) CD 3.9 Not Used CD 3.10 Regional Economic Strategy for the South West of England, 2003 to 2012 Strategy and Action Document, The Economic Development Strategy for Cornwall and the CD 3.11 Isles of Scilly - Cornwall and Isles of Scilly Economic Forum CD 3.12 Cornwall Structure Plan 2004 Local Development Framework  Core Strategy Options Paper  Community Network Areas Discussion Paper CD 3.13  Core Strategy Options Paper Sustainability Appraisal Interim Report  Draft Statement of Community Involvement  CPR Community Network Areas Discussion Paper – Comments  Planning Future Cornwall 2012 – Preferred Approach for a Core Strategy CD 3.14 Not Used CD 3.15 Kerrier Local Development Framework  CPR Area Action Plan 2005 – 2026  Kerrier Vision, Strategy and Core Policies  CPIR AAP 2009 Preferred Strategy Consultation Document  CPIR AAP 2006 – 2026 Developing Options137 CD 3.16 Kerrier Local District Plan 1996 – 2011 (Revised 2002) CD 3.17 CPR Action Plan CD 3.18 Cornwall Design Guide 2001 CD 3.19 Development Layout Design CD 3.20 Revocation of Regional Strategies CD 3.21 Abolition of Regional Strategies CD 3.22 Street Lighting Design CD 3.23 Drainage Design CD 3.24 Construction SpecificationNational policy and guidance documents CD 4.1 Countryside and Rights of Way Act 2000 CD 4.2 Environmental Protection Act 1990 (relevant sections) Natural Environment and Rural Communities Act 2006 CD 4.3 CD 4.4 The Land Compensation Act 1973 (relevant sections) CD 4.5 The Local Government (Miscellaneous Provisions) Act 1976 (relevant sections) CD 4.6 The Highways Act 1980 (relevant sections) CD 4.7 Wildlife and Countryside Act 1981 as amended The Noise Insulation Regulations, Statutory Instruments 1975 No. 1763 – Building and CD 4.8 Buildings, Department of the Environment, HMSO, 1975 (amended 1988) The Town and Country Planning (Environmental Impact Assessment) (England and Wales) CD 4.9 Regulations 1999 The Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations CD 4.10 2009 CD 4.11 The Acquisition of Land Act 1981 Office of the Deputy Prime Minister Circular 06/2004 Compulsory Purchase and The Crichel CD 4.12 Down Rules UK Biodiversity Action Plan Priority Habitat Descriptions (Updated 2011) CD 4.13 UK Biodiversity Action Plan, 2010 – Report on the Species and Habitat Review (June 2007)Planning Policy Guidance Note 13: Transport, 2001 CD 4.14 (Updated 2011) CD 4.15 Planning Policy Guidance Note 24: Planning and Noise, 1994 CD 4.16 Planning Policy Statement 1: Delivering Sustainable Development, 2005 CD 4.17 Planning Policy Statement 7: Sustainable Development in Rural Areas, 2004 CD 4.18 Planning Policy Statement 9: Biodiversity and Geological Conservation, 2005 CD 4.19 Planning Policy Statement 10: Planning and Waste Management, 2005 CD 4.20 Planning Policy Statement 23: Planning and Pollution Control, 2004 CD 4.21 Planning Policy Statement 25: Development and Flood Risk, 2006 CD 4.22 Planning Policy Statement 5: Planning for the Historic Environment, 2010 CD 4.23 Control of Substances Hazardous to Health (Amendment) Regulations, 2004 Design Manual for Roads and Bridges Volume 6, Section 1, TD 9/93 Highway Link Design CD 4.24 [Incorporating Amendment No. 1 dated February 2002] Design Manual for Roads and Bridges Volume 6, Section 1, TD 27/05 Cross-Sections and CD 4.25 Headrooms Design Manual for Roads and Bridges Volume 6, Section 2, TD 16/07 Geometric Design of CD 4.26 Roundabouts Design Manual for Roads and Bridges Volume 6, Section 2, TD 50/04 The Geometric Layout CD 4.27 of Signal-Controlled Junctions and Signalised Roundabouts Design Manual for Roads and Bridges Volume 6, Section 2, TD 42/95 Geometric Design of CD 4.28 Major/Minor Priority Junctions Design Manual for Roads and Bridges Volume 6, Section 3, TA 90/05 The Geometric Design CD 4.29 of Pedestrian, Cycle and Equestrian Routes Design Manual for Roads and Bridges Volume 10, Section 1, Part 2 HA 56 92 New Roads CD 4.30 Planting, vegetation and soils CD 4.31 Design Manual for Roads and Bridges Volume 10, Section 4, Parts 1-7 HA 84/01 138 Nature Conservation And Biodiversity Design Manual for Roads and Bridges Volume 10, Section 4, Parts 2 HA 59/92 CD 4.32 Mitigating Against Effects On Badgers Design Manual for Roads and Bridges Volume 10, Section 4, Parts 3 HA 80/99 CD 4.33 Nature Conservation Advice In Relation To Bats Design Manual for Roads and Bridges Volume 10, Section 4, Parts 4 HA 81/99 CD 4.34 Nature Conservation Advice In Relation To Otters Design Manual for Roads and Bridges Volume 10, Section 4, Parts 6 HA 98/01 CD 4.35 Nature Conservation Management Advice In Relation To Amphibians Design Manual for Roads and Bridges Volume 10, Section 4, Parts 7 HA 116/05 CD 4.36 Nature Conservation Advice In Relation To Reptiles And Roads Design Manual for Roads and Bridges Volume 11, Section 1, HA 200/08 Aims and Objectives CD 4.37 of Environmental Assessment Design Manual for Roads and Bridges Volume 11, Section 2, HA 201/08 General Principles CD 4.38 and Guidance of Environmental Impact Assessment Design Manual for Roads and Bridges Volume 11, Section 2, HA 202/08 Environmental Impact CD 4.39 Assessment Design Manual for Roads and Bridges Volume 11, Section 2, HD 47/08 Screening of Projects CD 4.40 for Environmental Impact Assessment Design Manual for Roads and Bridges Volume 11, Section 2, HA 204/08 Scoping of CD 4.41 Environmental Impact Assessments Design Manual for Roads and Bridges Volume 11, Section 2, HA 205/08 Assessment and CD 4.42 Management of Environmental Effects Design Manual for Roads and Bridges Volume 11, Section 2, HD 48/08 Reporting of CD 4.43 Environmental Impact Assessments Design Manual for Roads and Bridges Volume 11, Section 2, HA 218/08 Glossary of Terms CD 4.44 Used in The Design Manual for Roads and Bridges Volume 11 Sections 1 and 2 CD 4.45 Design Manual for Roads and Bridges Volume 11, Section 3, HA207/07 Air Quality CD 4.46 Design Manual for Roads and Bridges Volume 11, Section 3, HA 208/07 Cultural Heritage CD 4.47 Design Manual for Roads and Bridges Volume 11, Section 3, Disruption Due to Construction Design Manual for Roads and Bridges Volume 11, Section 3, Ecology and Nature CD 4.48 Conservation CD 4.49 Design Manual for Roads and Bridges Volume 11, Section 3, Landscape Effects Design Manual for Roads and Bridges Volume 11, Section 3, Land Use CD 4.50 [Incorporating Amendment No.1 dated August 2001] CD 4.51 Design Manual for Roads and Bridges Volume 11, Section 3, HA 213/11 Noise and Vibration Design Manual for Roads and Bridges Volume 11, Section 3, Pedestrians, Cyclists, CD 4.52 Equestrians and Community Effects CD 4.53 Design Manual for Roads and Bridges Volume 11, Section 3, Vehicle Travellers Design Manual for Roads and Bridges Volume 11, Section 3, HA 45/09 Road Drainage and CD 4.54 the Water Environment CD 4.55 Design Manual for Roads and Bridges Volume 11, Section 3, Geology and Soils Design Manual for Roads and Bridges Volume 11, Section 3, Impact of Road Schemes on CD 4.56 Policies and Plans Design Manual for Roads and Bridges Volume 11, Section 4, HD 44/09 Assessment of CD 4.57 Implications (of Highways and/or Roads Projects) on European Sites (Including Appropriate Assessment) CD 4.58 A New Deal for Transport: Better for Everyone July 1998 CD 4.59 Transport 2010: The 10 Year Plan July 2000 CD 4.60 Managing our Roads 2003 CD 4.61 The Future of Transport: A Network for 2030 July 2004 CD 4.62 Securing the Future: Delivering UK Sustainable Development Strategy March 2005 Delivering a Sustainable Transport System: Executive summary CD 4.63 Delivering a Sustainable Transport System: Main Report, November 2008 CD 4.64 The Hedgerow Regulations (1997) CD 4.65 Ancient Monuments and Archaeological Areas Act 1979 CD 4.66 Transport Analysis Guidance website, www.webtag.org.uk (Department for Transport) 3.5.6 Values of Time and Operating Costs 3.10.3 Variable Demand Modelling - Key Processes 3.10.4 Variable Demand Modelling - Convergence Realism and Sensitivity139 3.15.5 The Treatment of Uncertainty in Model Forecasting 3.16D Appraisal in the Context of Housing DevelopmentDesign Manual for Roads and Bridges, Vol 4, Section 2, Part 1, HA 39/98 Edge of Pavement CD 4.67 Details Design Manual for Roads and Bridges, Vol 4, Section 2, Part 1, HA 106/04 Drainage of Run-off CD 4.68 from Natural Catchments Design Manual for Roads and Bridges, Vol 4, Section 2, Part 3, HA 33/06 Surface and CD 4.69 Subsurface Drainage systems Design Manual for Roads and Bridges, Vol 4, Section 2, Part 3, HA 102/00 Spacing of Road CD 4.70 Gullies Design Manual for Roads and Bridges, Vol 4, Section 2, Part 5, HA 40/01 Determination of CD 4.71 Pipe Bedding CombinationsDesign Manual for Roads and Bridges, Vol 4, Section 2, Part 7, HA 107/04 Design of Outfall CD 4.72 and Culvert DetailsCD 4.73 The SUDS Manual, CIRIA C697 (2007) CD 4.74 Localism Act - A Guide to Localism Act Calculation of Road Traffic Noise, Department of Transport and the Welsh Office, 1988 CD 4.75 The Control of Pollution Act 1974 CD 4.76 CD 4.77 BS4142:1997 Method for Rating industrial noise affecting mixed residential and industrial areas BS 5228:2009 Code of Practice for Noise and vibration control on construction and open sites. CD 4.78 Part 1 – Noise BS 5228:2009 Code of Practice for Noise and vibration control on construction and open sites. CD 4.79 Part 2 – Vibration CD 4.80 Defra: Air Quality Strategy for England, Scotland, Wales and Northern Ireland (2007) CD 4.81 Air Quality (England) Regulations 2000 CD 4.82 Air Quality (England) (Amendment) Regulations 2002 CD 4.83 Air Quality Standards Regulations 2010 Cornwall Council: Report on nitrogen concentrations in Cornwall January – December 2010 CD 4.84 (2011) CD 4.85 Cornwall Council: 2011 Air Quality Progress Report for Cornwall Council (2011) CD 4.86 Defra: Local Air Quaity Management Technical Guidance TG(09), (2009) Carslaw et al: Trends in NOX and NO2 emissions and ambient measurements in the UK CD 4.87 (2011) CD 4.88 Environmental Protection UK: Development Control: Planning for Air Quality (2010 Update) CD 4.89 Manual for Streets CD 4.90 Manual for Streets 2 CD 4.91 Guidelines for Landscape and Visual Impact Assessment CD 4.92 National Planning Policy Framework CD 4.93 PPS1A – Planning Policy Statement 1 Supplement – Planning and Climate Change CD 4.94 PPS12 – Planning Policy Statement 12: Local Spatial Planning PPS23A – Planning Policy Statement 23: Planning and Pollution Control – Annex 1: Pollution CD 4.95 Control, Air and Water Quality PPS23B – Planning Policy Statement 23: Planning and Pollution Control – Annex2: CD 4.96 Development on Land CD 4.97 PPS25A – Planning Policy Statement 25: Development and Flood Risk - Practice GuideBackground documents and reports Guidelines for Ecological Impact Assessment in the UK published by the Institute of Ecology CD 5.1 and Environmental Management, 2006 TUBA Guidance (Version 1.8) May 2010 CD 5.2 TUBA User Manual (Version 1.8) May 2010 CD 5.3 CD 5.4 Landscape Character Assessment: Guidance for England and Scotland, Countryside Agency, 140 2002 Countryside Character Volume 8: South West The character of England’s natural and man- CD 5.5 made landscape EC Directive on the Conservation of Wild Birds (Birds Directive 1979) as amended CD 5.6 (79/409/EEC) EC Directive on the Conservation of Natural Habitats and of Wild Flora and Fauna (Habitats CD 5.7 Directive 1992) as amended (92/43/EEC) EC Directive on Pollution Caused by Contaminated Dangerous Substances Discharged into CD 5.8 the Aquatic Environment of the Community– 76/464/EEC, 1976Control of Substances Hazardous to Health Regulations, 2004 CD 5.9UK Air Quality Archive, Defra, 2006, www.airquality.co.uk CD 5.10Major Scheme Business Case Camborne Pool Redruth Transport Strategy 2006 Volume 1: CD 5.11 Main TextMajor Scheme Business Case Camborne Pool Redruth Transport Strategy Volume 2006 2: CD 5.12 Appendices and DrawingsMajor Scheme Business Case Camborne Pool Redruth Transport Strategy Volume 1 Main CD 5.13 Report 2008 The Cornwall Biodiversity Action Plan  Cornwall’s Biodiversity Action Plan Volume 4: Priority Projects  Cornwall’s Biodiversity Action Plan - Progress Review 2008 Summary Report  Cornwall’s Biodiversity Action Plan - Progress Review 2008  Cornwall’s Biodiversity Action Plan - Measuring BAP Outcomes from Landscape CD 5.14 Scale Projects in Cornwall  Cornwall’s Biodiversity Action Plan - Volume 3 2004 Action Plans  Cornwall’s Biodiversity Action Plan - Volume 2 Action Plans  Cornwall’s Biodiversity Action Plan - Cornwall’s Biodiversity Volume 1: Audits and Priorities Handbook for Phase 1 Habitat Survey – A Technique for Environmental Audit. Joint Nature CD 5.15 Conservation Committee, Peterborough (2004) Institute of Field Archaeologists 1994, Standard and Guidance for Archaeological Excavation CD 5.16 (revised September 1999) Institute of Field Archaeologists 1994, Standard and Guidance for an Archaeological Watching CD 5.17 Brief (revised September 1999) CD 5.18 Camborne, Pool, Redruth Major Scheme Key messages Document Best and Final Funding Bid Demand Model Report Summary Annex – Value for money Case CD 5.19 Assignment model validation Report Existing Data & Traffic Survey Report Forecasting Report Economic Assessment Report CD 5.20 CPR Planning Application Phase 1 Traffic Forecast Report (2008) CD 5.21 CPR Planning Application Phase 2 Traffic Forecast Report (2009) Camborne, Pool and Redruth Transport Strategy Stage 1 - Dudnance Lane Traffic Modelling CD 5.22 April 2011 CD 5.23 Supplementary Addendum Report on the Heartlands Junction May 2011 Camborne, Pool and Redruth Major Scheme Heartlands Junction Traffic Modelling November CD 5.24 2011 CD 5.25 Camborne, Pool and Redruth Major Scheme Tesco Access Modelling Report January 2012 CD 5.26 Camborne, Pool and Redruth Major Scheme Junction Modelling Report January 2012 141 CD 5.27 The Conservation of Habitats and Species Regulations 2010 CD 5.28 Entec CPR Surface Water Management Plan CD 5.29 Cornwall Minerals Development Framework 2006 CD 5.30 Cornwall Minerals Development Framework 2008 CD 5.31 Planning Future Cornwall: Options and Preferred Options for Energy, Minerals and Waste CD 5.32 Minerals Policy Statement 1: Planning and Minerals CD 5.33 Ecology Review for CPR Major Scheme (March 2012) CD 5.34 Camborne Pool Redruth Urban Framework Plan (2001)142

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