THE MERSEY GATEWAY PROJECT (MERSEY GATEWAY BRIDGE) LAND ACQUISITION PROOF OF EVIDENCE OF. Alan Scarisbrick

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1 HBC/19/1P THE MERSEY GATEWAY PROJECT (MERSEY GATEWAY BRIDGE) LAND ACQUISITION PROOF OF EVIDENCE OF Alan Scarisbrick

2 This proof of evidence relates to the implications of the following applications and proposed orders: Application/Order: Application ref: Appeal ref: Planning Application for full planning permission for works lying within Runcorn comprising improvements to the Central Expressway, Weston Link, the Weston Point Expressway and Junction 12 of the M56 motorway, dated 31 March APP/D0650/V/08/ / Planning Application for full planning permission for works lying within Widnes comprising modifications of the northern approaches to the Silver Jubilee Bridge, dated 31 March APP/D0650/V/ / Listed Building Consent Application for modifications to the carriageway of the Silver Jubilee Bridge, dated 31 March APP/D0650/V/08/ / The River Mersey (Mersey Gateway Bridge) Order (application under section 6 of the Transport and Works Act 1992 to the Secretary of State for Transport for an order under section 3(1)(b) of that Act). TWA/08/APP/05 The A533 (Silver Jubilee Bridge) Road User Charging Scheme Order The Halton Borough Council (Mersey Gateway - Queensway) Compulsory Purchase Order The Halton Borough Council (Mersey Gateway - Central Expressway) Compulsory Purchase Order The Halton Borough Council (A533 Central Expressway) Side Roads Order The Halton Borough Council (A533 Queensway) Side Roads Order

3 MERSEY GATEWAY LAND ASSEMBLY & ACQUISITION CONTENTS Section Heading Page 1.00 Introduction Scope of Evidence Background & Current Status of Land Assembly Process The Need for the Use of Compulsory Purchase Powers Compulsory Purchase Best Practice Procedural Guidance Negotiations with Affected Owners and Businesses Objections to the TWA Order and Compulsory Purchase Orders Conclusion 25 Appendix Description 1 List of Affected Businesses with Consultation Summaries 2 The Crown Estate and Duchy of Lancaster letters of support 3 Completed Acquisitions and Agreements for Acquisition 4 Location Plan Johnsons Lane, Widnes 5 General Objections and Responses to Objections 3

4 1.00 INTRODUCTION Qualifications & Expertise 1.01 I am Alan William Scarisbrick, I am employed by Halton Borough Council (Halton Council) specifically in relation to The Mersey Gateway Project and as such authorised by Halton Council to provide this Proof of Evidence in support of The River Mersey (Mersey Gateway Bridge) Transport & Works Act Order 1992 (the TWA Order), The Halton Borough Council (The Mersey Gateway Queensway) Compulsory Purchase Order 2008 and The Halton Borough Council (The Mersey Gateway Central Expressway) Compulsory Purchase 2008 (together, the CPOs) and other applications and orders I hold a Diploma in Estate Management & Valuation from Liverpool John Moores University and am a Fellow of the Royal Institution of Chartered Surveyors having qualified in the General Practice Division of The Incorporated Society of Valuers and Auctioneers which subsequently amalgamated with the Royal Institution of Chartered Surveyors in I have worked in the surveying, valuation and property industry for 33 years and over the past twenty two years been specifically involved in the delivery of redevelopment and regeneration projects including major infrastructure schemes in North West England and Merseyside. I have conducted land assembly and acquisitions both by agreement and through the use of CPO powers on projects including: The Salford Quays redevelopment to 1989; the Trafford Park Centenary Bridge, road and light rail infrastructure to 1996; Blackburn with Darwen Borough Council SRB Round 5 land assembly/acquisitions and Shadsworth Industrial Park Development to 2003; and Liverpool Land Development Company, replacement Speke District Centre and Venture Point Business Park development on behalf of Liverpool City Council and the North West Development Agency to I have been employed by HBC since October 2007 as in-house consultant to Major 4

5 Projects and the Mersey Gateway Project. Role in the Mersey Gateway Project 1.05 My role in the Mersey Gateway Project is to lead and co-ordinate the land assembly and acquisitions in advance of CPO together with negotiations leading to the withdrawal of objections to the TWA Order and the CPOs I have participated in the public consultation process, attending public exhibitions and meetings with businesses and stakeholders dealing with land and property related aspects of the proposed scheme. 5

6 2.00 SCOPE OF EVIDENCE 2.01 My evidence primarily relates to the need for powers of compulsory acquisition conferred by the TWA Order and two compulsory purchase orders (CPOs) in order to assembly the land required for the Mersey Gateway Project, together with the negotiations carried out with affected landowners, and in particular negotiations with objectors In carrying out this role I have been assisted by other professional advisers and officers of Halton Council, some of whom will also provide evidence to the Inquiry My evidence covers: a) a summary of the need for the Order Lands; b) a consideration of the justification for the use of compulsory purchase powers; c) a summary of negotiations with affected businesses in respect of relocation; d) a summary of negotiations with affected landowners to acquire by agreement; e) a summary of objections and the response of Halton Council to these; and f) my conclusions on the need for the various orders Due to the nature of the land assembly process, negotiations for advanced acquisitions, agreements for acquisitions and negotiations with objectors and other affected land owners are being conducted in parallel with the statutory process and will continue up to and beyond the Inquiry. Whilst the information contained within this Proof of Evidence sets out the status of negotiations up to the date of issue for the purposes reporting ongoing progress I will provide further supplemental updates to the Inspector at the opening of the Inquiry and on a periodic basis during the course of the Inquiry. 6

7 3.00 BACKGROUND AND CURRENT STATUS OF LAND ASSEMBLY PROCESS 3.01 Gifford, the appointed Mersey Gateway engineers, have carried out a detailed assessment of the full extent of the land required to construct and operate the proposed New Bridge on behalf of Halton Council. Mike Jones (HBC/5/1P) has provided at Appendix 3 (HBC/5/2A) to his evidence a detailed Land Use Schedule. The Schedule identifies and details the proposed use for each parcel/plot of land required to construct and operate the New Bridge together with the associated infrastructure. In addition, details are provided of the land required to implement the associated highway improvements for the scheme Halton Council commissioned a professional land referencing company, Persona Associates, to carry out a detailed study of the land requirement for the proposed scheme to identify and establish the current ownerships and interests in all the land as detailed within the TWA Book of Reference and Table 1 interests in Schedules to the CPOs The total land area requirement to construct and operate the proposed Mersey Gateway Bridge scheme, together with associated infrastructure and highway improvements is ha, or thereabouts. Of this Halton Council either owns or has a legal interest in approximately 62.4ha, which represents 40% of the total land requirement. This land is made up, in the main, of existing highways, footways and verges together with disused land such as part of the former St Michael s golf course at Widnes In addition to land already in the ownership/control of Halton Council, a further 1.5ha has either been acquired or is subject to agreements to acquire equating to a further 1% of the total land requirement Of the remaining 92.84ha of land to be acquired approximately 18ha is in the ownership/occupation of existing businesses with whom Halton Council is in discussions regarding acquisition and relocation. A list of these businesses together with summaries of discussions and negotiations are provided within Appendix 1. 7

8 3.06 Whilst approximately 13.5ha of the land remaining to be acquired is covered by outstanding objections and subject to ongoing negotiations the remainder is free of objection. Matters of objection are fully dealt with in Section 7.00 of my evidence and its appendices There are no residential properties included within the TWA or CPOs and no residential properties are required either permanently or temporarily for the implementation of the Mersey Gateway Project. The Crown Estate and Duchy of Lancaster Lands 3.08 The Crown Estate own land comprising the southern part of the River Mersey Estuary and the Duchy of Lancaster owns land in the northern part of the River Mersey Estuary. Halton Council acknowledges that the Crown Lands and Duchy of Lancaster Lands can not be compulsorily acquired. However, the Council is in negotiations with both the Crown s agent and agent for the Duchy to acquire, by agreement, rights and interests over their respective parts of their lands required for the Mersey Gateway Project Whilst negotiations are ongoing both the Crown and the Duchy have provided letters indicating their approach and/or support for the Mersey Gateway Project, copies of which are provided at Appendix 2. In view of the ongoing negotiations with these parties I consider there is a reasonable prospect that the Council will secure the consent of the Crown Estate and the Duchy of Lancaster to the acquisition of the land on the banks of the River Mersey needed for construction of the New Bridge. An update of the progress in these negotiations will be provided to the Inspector at the opening of the Inquiry. 8

9 Statutory Undertakers 3.10 Within the Order Lands there are interests owned by statutory undertakers. Halton Council and its consultant team has entered into discussions and has sought to negotiate agreements with the affected statutory undertakers and other relevant parties who perform a statutory function to ensure that statutory obligations are maintained at all times during the construction and following the completion of the New Bridge. The nature of the objections to the Mersey Gateway Project from statutory undertakers has, in the main, been of a technical nature relating to the protection of their operational equipment, rather than of the acquisition of interests in land. These matters of objection have been dealt with in the evidence of others. For the purposes of providing statutory undertakers with the degree of comfort they require to withdraw their objections the Council is in the majority of cases in the course of negotiating agreements for protective provisions Where objections from statutory undertakers include issues relating to land acquisition I have provided details within my Summary and Response to Objections at Appendix 4. Impacts on Wildfowling on the banks of the River Mersey 3.12 The evidence of Paul Oldfield (HBC/14/1P) and Dr Ray Gemmell (HBC/15/1P) deal in detail with environmental and ecological aspects of the Mersey Gateway Project and the impacts on wildfowling on the banks of the Mersey Estuary. I have confined my evidence below to the effects on those with shooting rights over that part of the Estuary required for the construction and operation of the proposed New Bridge One of the main recreational activities on certain parts of the Mersey Estuary is wildfowling. There are currently two groups officially involved in the activity of wildfowling - Halton Wildfowlers Association and the Wildlife Habitat Trust Halton Wildfowlers Association has shooting rights, in the vicinity of the proposed new bridge, from both the Duchy of Lancaster and the Crown Estates. The extent of their rights over the Crown Estate Land on the southern part of the estuary extends to Ha, or thereabouts. The nature of the lands they have shooting 9

10 rights over, from the Duchy, on the northern part of the estuary is a narrow strip/pathway along the bank of the river extending in length to approximately 3.1km During the construction period for the proposed bridge there is to be an exclusion zone of 300m to either side of the centre line of the construction site for the purposes of complying with health and safety both for construction operatives and anyone using the estuary. The Halton Wildfowlers Association will incur a temporary loss of shooting rights during the period of works to construct the new bridge. This temporary loss will total approximately 18.8ha in the southern part of the estuary and an approximate distance of 0.9 linear km to the bank to the northern part of the estuary On completion of the works and the bridge becoming operational the 300m exclusion zone is to be reduced to 200m either side of the centre line of the New Bridge. As explained in Mr Oldfield s evidence (HBC/14/1P) the 200m zone is essential mitigation for the impact of the New Bridge and will be directly monitored for a period of 6 years after completion of construction. It is appropriate that the success, or otherwise, of the mitigation can be identified as being solely attributed to the impact of the New Bridge and not to other influences. After this period of time, and provided that the impact of the New Bridge has been shown to be successfully mitigated, there may be an opportunity to review the situation On the drawing back of the exclusion zone from 300m to 200m the occupation of the residue of the respective land can be handed back to Halton Wildfowlers and the Wildlife Habitat Trust for shooting purposes. The net permanent loss of land or loss for at least the 6 year mitigation monitoring period to Halton Wildfowlers will equate to approximately 14.05ha in the southern part of the Estuary and a distance of 0.63 linear km to the bank on the north of the Estuary Both Halton Wildfowlers and the Wildlife Habitat Trust, represented by the British Association of Shooting and Conservation (BASC), have objected to the TWA Order. Whilst the detail of their respective objections is provided in the tables at Appendix 5, their main objection is on the grounds that the Project will affect recreational wildfowling in the Mersey Estuary. Both the temporary and permanent loss of shooting rights over the Estuary is compensatable in accordance with the 10

11 compensation code Halton Wildfowlers and the Habitat Trust are also concerned that the mitigation measures for the Project within the Mersey Estuary may result in localised conflict between those wishing to preserve wildlife and those wishing to shoot. Mr Oldfield (HBC/14/1P) at paragraph states: It is anticipated that a Mersey Gateway Environmental Trust will be established under the Charities Act This Trust will be the vehicle through which the mitigation outlined above for the Upper Estuary will be delivered. The exact workings of this Trust are subject to confirmation, however, it is likely that the Trust will also be involved in the delivery of wider long-term nature conservation initiatives within the Mersey Estuary 3.21 Halton Council considers that a potential long term solution to avoid any localised conflict could be through wildfowling interests being represented in the proposed Mersey Gateway Environmental Trust. With this in mind the Mersey Gateway LAWG is currently in discussions with BASC with a view to providing the necessary degree of comfort required for removal of both Halton Wildfowlers and the Habitat Trust s objections to the Project. Again an update of the progress in these negotiations will be provided to the Inspector at the opening of the Inquiry. 11

12 4.00 THE NEED FOR THE USE OF COMPULSORY PURCHASE POWERS The Statutory Basis for the TWA Order and Compulsory Purchase Orders 4.01 An Order under s3 of the Transport and Works Act 1992 may confer powers of compulsory acquisition on a person named in the Order. This is what Halton Council has sought alongside other powers in the TWA Order In addition to making an application for a TWA Order made under the Transport and Works Act 1992 in respect of the proposed New Bridge and associated infrastructure works Halton Council has made two CPOs, together with side road orders, under sections 239, 240, 246, and 249 of the Highways Act 1980 and the Acquisition of Land Act 1981 as follows; The Halton Borough Council (The Mersey Gateway Queensway) Compulsory Purchase Order 2008, for the purposes of; 1. the construction and improvement of highways forming part of the A533 Queensway, south of the existing Ditton Road junction with Speke Road, and 2. the improvement of Desoto Road West between its junction with Queensway and Macdermott Road; all in pursuance of The Halton Borough Council (A533 Queensway) Side Roads Order 2008, all at Widnes in the Borough of Halton; 3. the use by the acquiring authority in connection with the construction and improvement of highways, as aforesaid; and 4. mitigating any adverse effects which the construction, improvement, existence or use of the highways proposed to be constructed or improved by the acquiring authority will have on the surroundings thereof. The Halton Borough Council (The Mersey Gateway Central Expressway) Compulsory Purchase Order 2008, for the purposes of; 1. the improvement of an existing highway, being the classified road known as the A553 and A557 Western Point Expressway; 2. the construction of highways and the improvement of highways in pursuance of The Halton Borough Council (A533 Central Expressway) Side Roads Order 2008; 12

13 3. the use by the acquiring authority in connection with the construction and improvement of highways, as aforesaid; and 4. mitigating any adverse effects which the existence or use of the highways proposed to be constructed or improved by the acquiring authority will have on the surroundings thereof. Together I refer to the TWA Order and the CPOs as the Orders, and the land to which they apply as the Order Land. The Purpose of the TWA Order & Compulsory Purchase Orders 4.03 The purpose of the Orders is to secure the assembly of all the outstanding interests in the Order Lands. The Order Lands will then be used for the construction and operation of the New Bridge together with associated infrastructure. Therefore, Halton Council s objective in making the Orders is to bring all the Order Lands, required permanently, into a single ownership and to obtain vacant possession of it in order that the Mersey Gateway Project can be delivered In addition, it is also the purpose of the Orders to secure that land required temporarily to facilitate physical construction of the New Bridge together with improvements to existing infrastructure by bringing the land under the control of Halton Council as and when it is required in the construction process. An Indicative Programme for the proposed works is provided within the evidence of Mr Jones (HBC/5/1P) at Appendix The extent of the Order Lands has been determined by the requirement to achieve the objectives of Halton Council. Halton Council s objectives are set out more fully in the evidence of David Parr (HBC/1/1P) It is necessary to assemble all the land required before construction of the New Bridge can commence. This means there must be certainty that land assembly can be achieved before the objectives of Halton Council can be met. The Need for the TWA Order and Compulsory Purchase Orders 4.07 The number of parcels/plots of land, within the TWA and CPOs, required to facilitate the construction and operation of the proposed New Bridge together with 13

14 infrastructure and highway improvements equates to a total of 423 parcels. This number is made up of 355 parcels within the scope of the proposed TWA Order, 40 plots within Table 1 to the Queensway CPO and 28 within Table 1 to the Central Expressway CPO The land requirement within the TWA and CPOs has been categorised as follows: 1. Land within the limit of deviation parcels/plots; 2. Land to be acquired or used 97 parcels/plots; 3. Land to be used temporarily 111 parcels/plots; and 4. Land to be used permanently - 52 parcels/plots. A full breakdown of the proposed use for each parcel/plot of land required to construct and operate the New Bridge together with the associated infrastructure is provided in a Land Use Schedule at Appendix 3 to the evidence of Mr Jones (HBC/5/1P) Of the 423 parcels/plots Halton Council either already own or has an interest in 230 parcel/plots and has, through negotiation in parallel with the statutory process, acquired or agreed to acquire the interests in a further 10 parcels/plots details of which are provided at Appendix 3 (Completed Acquisitions and Agreements for Acquisition). This leaves interests in a further 183 parcels/plots remaining to be acquired to assemble all the land required to deliver the Mersey Gateway Project It is unsurprising that Halton Council has not been able to reach agreement concurrently with all those having an interest in 423 parcels/plots of land. Even if owners and those with interests were all willing sellers, I would not expect Halton Council to be able to agree terms for acquisition of all interests within an acceptable timescale due to the nature, scale and multiplicity of the interests in land needed to deliver the Mersey Gateway Project. The delay that would inevitably arise if acquisition by agreement were to be relied upon would potentially prejudice the achievement of Halton Council s objectives. Accordingly, Halton Council has adopted the approach recommended at paragraphs 24 and 25 of Circular 06/2004 (CD 75) and conducted negotiations for private treaty agreements in parallel with the compulsory purchase process. Negotiations will continue in an attempt to acquire interests by agreement both up to and beyond the Inquiry. 14

15 5.00 COMPULSORY PURCHASE BEST PRACTICE PROCEDURAL GUIDANCE ODPM Circular 06/ Guidance to acquiring authorities on the use of compulsory purchase powers is provided by ODPM Circular 06/2004 (CD 75). This applies to CPOs. Whilst it does not refer specifically to TWA Orders, it also represents good practice in preparing and promoting such orders where they confer powers of compulsory acquisition. Paragraph 17 of the circular states that a compulsory purchase order should only be made (and hence powers conferred) where there is a compelling case in the public interest. This is described as meaning that the purpose for which the order is being made, under a particular power, sufficiently justifies interfering with the human rights of those with an interest in land affected Halton Council has considered the economic, social and environmental improvements, and is of the view that they justify the interference with the human rights of affected parties. Halton Council has taken actions to mitigate the impact of the interference with human rights. These actions of mitigation will continue in parallel with the compulsory purchase process Paragraphs 22 and 23 of Circular 06/2004 state that the acquiring authority should demonstrate that there is a reasonable prospect of the scheme going ahead by showing that it is unlikely to be blocked by any financial impediments, physical and legal factors. Matters relating to these factors are covered fully in the evidence of others. It also states that if planning permission is required for the scheme there should be no obvious reasons why it would not be granted. A direction under s90 (2A) Town and Country Planning Act 1990 has been sought granting deemed planning permission for the new bridge, associated infrastructure and highway improvements. There are two planning applications for the other elements of the works in Runcorn and Widnes, and a listed building consent application has been made in respect of works to the existing Silver Jubilee Bridge (SJB). Whilst these applications have been referred to the Secretary of State and are dependant on the confirmation of the orders and consents, Halton Council considers that there are no obvious reasons why planning permission and deemed planning permission should not be granted. The matters of planning are full dealt with in the evidence of John Brooks (HBC/3/1P). I am satisfied that there are no impediments to implementation. Halton Council has also had regard to Highway Circular 1/97. 15

16 5.04 Whilst the basis for the need for the new bridge is explained in the evidence of Mr Parr (HBC/1/1P), Mr Nicholson in his evidence (HBC/2/2P) explains the procedure for promoting the various Orders and the manner in which the scheme is to be delivered. Mr Jones (HBC/5/1P) in his evidence provides, at Appendix 3, a comprehensive schedule of the proposed uses for each parcel/plot of land required for the scheme From my experience over the past twenty two years, having been specifically involved in the delivery of redevelopment and regeneration projects including major infrastructure schemes, I regard the Mersey Gateway Project as being the most compelling case in the public interest justifying the use of compulsory purchase powers In conclusion I consider that there is a compelling case in the public interest for the use of compulsory purchase powers, and is justified on the basis that the orders are fully consistent with the Transport and Works Act 1992, sections 239, 240, 246 and 249 of the Highways Act 1980, the Acquisition of Land Act 1981 and Circular 06/2004. There is a compelling case in the public interest to make the Orders to deliver Halton Council s economic, social and environmental objectives for the Project and there are no impediments to implementation. The compelling case justifies the acquisition of the property interests of those land owners who have not agreed to dispose of them to Halton Council and the interference with their rights. All the land which has been included in the Orders is required for the construction and operation of the proposed New Bridge and works to the existing SJB and infrastructure to achieve those well-being objectives. It is highly unlikely that construction of the New Bridge would be achieved without the availability of compulsory purchase powers over all the relevant land. 16

17 6.00 NEGOTIATIONS WITH AFFECTED OWNERS AND BUSINESSES General approach 6.01 In accordance with the guidance at paragraphs 24 and 25 of Circular 06/2004 (CD 75) Halton Council has sought, wherever practicable, to acquire the required interests in land by negotiation before embarking on the compulsory purchase process. Halton Council is willing to acquire interests by agreement and enter into agreements for acquisition, and in appropriate cases has already done so. These negotiations are continuing in parallel with the compulsory purchase process Halton Council has instructed its surveyors GVA Grimley LLP and Coulson Property Services Ltd to pursue negotiations for acquisition by agreement with all owners and occupiers in the Book of Reference to the TWA Order and Table 1 to the CPOs. These negotiations commenced February 2008 (earlier in some cases) and have been ongoing ever since In order to co-ordinate and monitor the progress of negotiations, a Land Acquisition Working Group (LAWG) was established. The LAWG meets on a regular basis and includes representatives of Halton Council, GVA Grimley, Coulson Property Services, Gifford (Halton Council s project engineer) and DLA Piper (Halton Council s solicitors) In progressing negotiations with affected owners and businesses Halton Council has been prepared to consider advance acquisition or the agreement of terms for a future purchase. The approach adopted has varied according to the circumstances of each case with particular emphasis on affected businesses requiring relocation. As previously stated in paragraph 3.07 no residential properties are included or required to be acquired as part of the scheme There has been extensive public consultation undertaken for the Mersey Gateway Project throughout. Public exhibitions for the Mersey Gateway Project were held at both Widnes and Runcorn in May-June 2007 and again in June

18 Approach to Assessment of Price 6.06 During the course of the negotiations to acquire interests by private treaty agreement Halton Council has confirmed to all relevant parties that the price paid for an acquisition by agreement will be based on the compensation that the vendor would be entitled to if their property were acquired pursuant to a confirmed compulsory purchase order. This price is assessed under what is commonly referred to as the compensation code which incorporates relevant compensation status, case law and established principles. The negotiations have therefore been based on the market value of the land interests (disregarding the effect of the Orders) together with the appropriate loss payments, disturbance and reasonable fees This approach has been adopted to ensure that land owners and occupiers are able to achieve a price equivalent to what they would receive if their interests were compulsorily acquired so that there is no disadvantage to them agreeing to sell early or enter into an acquisition agreement rather than waiting for the acquisition to take place by compulsion. Relocation Strategy 6.08 As evidenced by others, the Mersey Gateway Project is about delivering economic benefits to both Halton and the Region. In ensuring these objectives are achieved Halton Council is fully aware of its responsibilities to those businesses that are directly affected by the construction of the New Bridge. Halton Council has expressly developed a relocation strategy to ensure that those businesses directly affected by the project remain viable and are able to continue during the construction and operation of the New Bridge Halton Council fully appreciate that some businesses will inevitably be displaced by the Mersey Gateway Project. Therefore, by resolution of the Mersey Gateway Executive Board on 19 th May 2008, it adopted a policy within the Mersey Gateway Relocation Strategy (CD 128). Whilst the content of Circular 06/2004 (CD 75) and the Memorandum thereto is for guidance, providing advice to acquiring authorities on the use of compulsory purchase powers, it has been incorporated into the policy within the Relocation Strategy. 18

19 6.10 As stated at paragraph 2.5 of the Relocation Strategy, the primary objective is to ensure that the benefits of the Mersey Gateway proposals can be delivered whilst minimising the extent of the impact upon businesses that are suitable for relocation. The policy details the approach required to understand and address the relocation needs of businesses. Its purpose is to; address the scale, character and diversity of the businesses and their associated need to relocate; and provide a strategy to support businesses throughout the relocation period, from pre-location support and identifying requirements through the actual process and appropriate aftercare to ensure that the effects of relocation are minimised In accordance with the resolution of the Mersey Gateway Executive Board on 7 th November 2007 the LAWG has engaged with affected owners and occupiers. Halton Council does not wish to disturb businesses from their current premises before it becomes necessary when the various Orders and consents have been confirmed. However, through consultation with businesses each has been considered on its own merit as to whether early relocation is appropriate due to its nature, size and requirements There are 49 affected businesses which need to be permanently relocated as a direct consequence of the Mersey Gateway Project. In additional Halton Council owns an office complex, the Waterloo Centre, operated on easy in easy out terms which will need to be vacated during the construction works, at present there are 29 businesses within this facility Nine other businesses can continue to operate on their current sites, as the Mersey Gateway Project only requires part of their site and this does not permanently impact upon their business operations With regards to those instances where there are access issues only, there are 12 businesses that have the access to their sites and premises affected during the construction of the Mersey Gateway Project, but mitigation measures will be put in place to ensure continuous access and egress is maintained during the construction works. 19

20 6.15 There are 11 businesses that hold land and property from an investment perspective that do not carry on operational activities. Since the TWA Order Book of Reference was published eight businesses have either ceased to trade or have move away of their own accord A summary of all of the above businesses can be found at Appendix one (Business List) and a detailed individual summary sheet at Appendix two. Impact on Access to Business Premises during Construction 6.17 As mentioned at 6.14 above there are 12 businesses where the access to their sites and premises will be affected during the construction of the Mersey Gateway Project. In these instances the land required is defined within the TWA Order and deposited plans as land to be use temporarily. Invariably its proposed use as set out in the, previously referred to, proposed Land Use Schedule at Appendix 3 to Mr Jones evidence (HBC/5/1P) is to allow access for amendments to existing highway alignments and accesses to verges and maintenance strips. During the construction works mitigation measures will be put in place to ensure continuous access and egress is maintained in order to cause the least disruption as possible. In these cases there is no requirement to acquire land permanently Where businesses have objected to the Mersey Gateway Project based on concerns over access to their sites and premises both during and after the construction works Halton Council has actively sought to address their concerns. In most cases through a series of meetings Gifford, the project engineers, have been able to either allay their concerns or provide an engineering solution to address the issue. In most cases Halton Council has provided legally binding undertakings confirming that access will be maintained throughout the works period providing the degree of comfort required in order to withdraw their objection. Continuity and viability of businesses affected by the Project 6.19 In respect of those 49 affected businesses which need to be permanently relocated as a direct consequence of the Mersey Gateway Project due to the diverse nature of individual businesses, the suitability and requirements for each business has been assessed on a case by case basis. As defined in the Town and Country 20

21 Planning (Use Classes) Order 1987, (Use Classes Order) as amended (CD 232), many of the businesses fall within Use Classes B1 (business uses) B2 (general industrial) and B8 (storage and distribution). By the nature of these businesses, not having specialist and highly technical requirements, they can be accommodated in standard type commercial business, light and general industrial premises and are capable of relocation in a relatively short timeframe. Such businesses would not require early acquisition. The approach that Halton Council has taken to owners interests is explained below In the case of those businesses of a more general nature and not considered as special cases it may be regarded as premature to acquire their property and relocate the business prior to the confirmation of the necessary orders and consents. In these cases Halton Council may still offer to alleviate concerns about future compensation entitlement by entering into agreements or where appropriate providing legally binding undertakings. The aim of such agreements/undertakings is to give comfort as to levels of compensation including the basis upon which disturbance costs would be assessed. This operates in accordance with the Compensation Code and is intended to provide the degree of comfort they require that will ensure relocation of their business at the appropriate time There are, however, some larger, manufacturing businesses with specialist, technical or scientific processes which will require a longer lead-in time to identify and procure alternative premises that could involve substantial conversion and adaptation works and in some cases purpose built premises potentially taking a considerably longer period to physically relocate. In some cases, due to the seasonal nature of a business, consideration is given to the timing of the move to coincide with quieter periods Where businesses have been identified for early acquisition/relocation it is the intention, wherever possible, that early acquisition agreements be negotiated in order to provide them with the necessary comfort and degree of certainty to commit resources and expenditure to acquiring premises into which to relocate. Acquisition agreements have been put in place with Thermo Electronic Manufacturing Ltd, Ventcroft Ltd and negotiations are ongoing with Solutia (UK) Ltd on this basis. 21

22 6.23 There are, however, a number of established businesses in Widnes affected by the Mersey Gateway proposals that will be more difficult to relocate due to their nature. These businesses often involve or have an element of activity such as dismantling, recycling and processing of scrap metal or building materials involving heavy haulage. The majority of these uses, often referred to generically as bad neighbour uses, are in terms of the Use Classes Order considered to be sui generis i.e. outside of any identified use class. Any relocation would probably require a specific planning permission and particular requirements in terms of site size, layout and access, potentially making them more difficult to relocate than Class B1, B2 or B8 uses At the time of drawing up the Relocation Strategy it was appreciated there is a shortage of possible sites for these types of business and uses to relocate within Halton and as stated within the Relocation Strategy at section 5 Ability to Meet Demand, Should a business affected by the CPO be unable to identify a suitable site within Halton, then HBC will work with adjacent Local Authorities to identify suitable sites which are likely to be in neighbouring regeneration areas In accordance with the policy set out within the Regeneration Strategy the focus of support is on assisting businesses to find their own relocation sites/premises. However, Halton Council has sought to identify potential relocation opportunities within its current portfolio/landholding that may accommodate businesses displaced by the Mersey Gateway proposals. A potential site, currently in the Council s ownership, at Johnsons Lane, Widnes is being considered that may be brought forward for development to accommodate relocations. Johnsons Lane Site, Widnes 6.26 The Johnsons Lane Site extends to approximately 8Ha (20 acres) situated northeast of Widnes Waterfront and is identified in relation to the Mersey Gateway proposals on the plan at Appendix In appraising this site s suitability/viability for development with business/industrial accommodation each of the businesses detailed on the Schedule of Businesses, at Appendix B, has been considered on a case by case basis. The economic considerations and timescales for making available relocation premises, and the 22

23 potential requirements would count against providing a single development site for relocation, although it has not been ruled out if a site can be identified which could accommodate a number of businesses and be delivered within the required timeframe and as such consideration is being given to bringing forward part of the site for development Whilst appraising this site s suitability to accommodate relocations it has emerged that the northern part of the site accessed directly from Johnsons Lane, comprising approximately 3.5Ha (8.6 acres) may provide suitable alternative sites to accommodate relocation of the sui generis uses identified at paragraph 7.13 above. Two businesses have, initially, been identified as being potential suitable for relocation to Johnsons Lane. With this in mind, GVA Grimley, on behalf of Halton Council are in negotiations with S. Evans & Sons Ltd and Widnes Tank Container Services Ltd, both existing businesses at Ditton Road, Widnes, with a view to agreeing provisional terms for relocation, subject to contract For the purposes of appraising the suitability and financial viability of the Johnsons Lane Site to accommodate these and other potential relocations Halton Council has appointed EC Harris as development consultants who are currently liaising with agents appointed by both S. Evans & Sons Ltd and Widnes Tank Container Services Ltd Progress in respect of these and other negotiations will be the subject of further supplemental updates to the Inspector at the opening of the Inquiry and on a periodic basis through the course of the Inquiry. 23

24 7.00 OBJECTIONS TO THE TWA ORDER AND COMPULSORY PURCHASE ORDERS 7.01 Halton Council received circa 400 objections to the TWA Order and CPOs, of which 42 contain objections directly related to land acquisition issues. These 42 land related objections are made up of 41 statutory objectors and 1 non-statutory objector In order to fully understand the objections Halton Council s LAWG, has contacted, written and visited each land objector or their appointed agent in accordance with the guidance at paragraphs 24 and 25 of Circular 06/2004 (CD75). General Objections 7.03 There are a number of general objections which have been raised by more than one objector. In order to minimise repetition of responses I set out these general objections, together with my comments on them, in the table provided at Appendix 5. In the right hand column I have also referred to the other witnesses whose evidence deals with the point of objection raised. Detail on Land related Objections 7.04 I have provided a summary of the land related objections together with my responses in tabular form at Appendix 5. In dealing with the objections in detail my evidence is confined to those areas of objection relating to land issues which I have co-ordinated through the LAWG. However, where the objection includes nonland related issues, again, I have referred to the other witnesses whose evidence deals with the point of objection raised. 24

25 8.00 CONCLUSION 8.01 My conclusions on the Orders are: 1. the Orders satisfy the statutory provisions of the Transport and Works Act 1992, Highways Act 1980 and the Acquisition of Land Act 1981; 2. the land included within the boundaries of the Orders is required in connection with the construction and operation of the New Bridge together with associated infrastructure and highway improvements; 3. there are no impediments to the implementation of the Mersey Gateway Project following the making or confirmation of the Orders; 4. before embarking on the compulsory purchase procedure Halton Council has made, and continues to make, reasonable attempts to acquire the required interests by private treaty agreement; 5. Without the Orders, there is no reasonable prospect that the required land could be assembled with in an acceptable timescale; 6. Without the Orders, the Mersey Gateway Project will not proceed; 7. the objections made have been fully considered. Halton Council has sought to address the concerns raised where it is practicable to do so without prejudicing the development proposed; and 8. none of the objections made amounts to a good reason to modify or reject the Orders In my opinion the Orders are demonstrably required in the public interest and should be confirmed. There is a compelling case for acquisition within the meaning of Circular 06/2004 (CD 75). Failure to do so will prevent the promotion of the Mersey Gateway Project. 25