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Welsh Government M4 Corridor around Newport Rebuttal Statement
July 2017 Page 1
Objection Ref OBJ0227
File Ref WG/REB/OBJ00227 – R Jones, G Jones, K Jones, M Jones and R Jones New Park Farm
Response to Objector’s Evidence: New Park Farm
CPO ref. 1/3 series and 2/2 series
Represented by Mr M Davies (Newland Rennie)
Adran yr Economi a’r Seilwaith Department for Economy and Infrastructure
Welsh Government M4 Corridor around Newport Rebuttal Statement
July 2017 Page 2
GROUNDS FOR OBJECTION
1.1. Details
Newland Rennie (on behalf of Mr L. Pritchard) has submitted a Statement of
Evidence dated 29th April 2017 in relation to the draft statutory Orders
associated with the Welsh Government’s proposals for the M4 Corridor
around Newport, which has been received via the Programme Officer.
The Welsh Government understands the evidence submitted within their
Statement to be based on the following:
1. The use of good quality agricultural land being taken for tree planting
purposes under the Scheme.
2. The Welsh Government response to the request for support for the
relocation of the farmhouse
3. The requirements for potential borrow pits on New Park Farm and the
terms of compensation for these
Welsh Government M4 Corridor around Newport Rebuttal Statement
July 2017 Page 3
REBUTTAL
2.1. Points Raised
Some of the above points have already been addressed in previous proofs of
evidence. Others are dealt with by topic by the relevant witness in the
following sections, in addition to their general proofs of evidence, to which
readers should also make reference in their entirety for a full understanding of
the Welsh Government’s case. For ease of reference the places where the
above points are addressed in this Rebuttal are listed in the table below:
Objector’s point reference
Rebuttal paragraph reference
1 2.3.1
2 2.2.2
3 2.2.3
The points are responded to by specialist topic in turn in the sections
following.
2.2. Matthew Jones (Chief Witness)
By way of background, there have been various meetings and discussions
held between the M4 Project team, Mr R Jones and his agent, Mike Davies of
Newland Rennie. These have included:
21st July 2015 – Farm holding Interview
12th January 2016 at New Park Farm to discuss impacts on the holding
20th May 2016 at New Park Farm
14th July 2016 at a review of landowner objections at Newland Rennie’s
offices with Mike Davies
16th December 2016 at a review of landowner objections at Newland
Rennie’s offices with Mike Davies
Response to Point 2 (the relocation of the house). Following the meeting at
New Park Farm on the 20th May 2016 and further discussions with Mr Davies
in July 2016, Welsh Government wrote to the Jones family on the 7th
September (Appendix 1). This included a response with regards to the
Welsh Government M4 Corridor around Newport Rebuttal Statement
July 2017 Page 4
potential provision of an alternative farm house which clarified that “Whilst
Welsh Government would not be minded to object to such a proposal it is a
matter for the Local Planning Authority. Furthermore, following a subsequent
enquiry by your land agent concerning financial support for an architect to
draw up some sketch proposals for a new dwelling, I can advise that
compensation arising from the M4 Project would be for any loss of value plus
any mitigation works in the form of noise insulation. It is for the landowner to
then determine how this compensation is spent”
Response to Point 3 (the requirement and compensation for borrow pits).
Following a request from Mr M. Davies acting on behalf of the Jones Family
by email on 14th February 2014, I responded by email on 17th February 2017
(Appendix 2) to confirm that there is no borrow pit requirement on this land.
2.3. Julia Tindale (Land Use, Community and Recreation)
Response to Point 1 (the requirement for the planting of trees on good quality
agricultural land):
The requirement for the planting as part of the Environmental Mitigation
proposals is described in the evidence of Dr Peter Ireland at Paragraph 10.36
(WG 1.7.1). Dr Ireland explains that the woodland planting on this holding is
required to provide both a continuation of the east-west wildlife corridor along
the top of the motorway embankment and as essential mitigation land
required to provide replacement woodland and dormouse habitat that would
be lost to the Scheme as a necessary consequence of remodelling the
Castleton junction to form the new interchange.
The requirement for and location of this planting was discussed with Mike
Davies and Mr R Jones at New Park Farm on 20th May 2016. Following
these discussions, a proposed Modification (27b) to the Draft Orders was
prepared to reduce the land required for tree planting close to the farmhouse
and to reduce the use of higher quality Grade 2 land for this planting.
Figure 1 included at Appendix 3 to this rebuttal has been prepared to show
the quality of the agricultural land affected by the mitigation planting included
in the Scheme. This identifies the change in the Agricultural Land
Classification (ALC) grades of land affected with the implementation of
Modification 27B and these changes are summarised in the Table below:
Welsh Government M4 Corridor around Newport Rebuttal Statement
July 2017 Page 5
ALC Grade Draft Orders –
Mitigation
Planting (Ha)
With MOD 27B –
Mitigation Planting
(Ha)
Change (Ha)
2 1.06 0.22 - 0.84
3a 2.39 2.36 - 0.03
3b 3.41 4.25 +0.84
In total, therefore there is a reduction of 0.87ha of the “best and most
versatile” Grades 2 and 3a agricultural land taken for mitigation planting with
the inclusion of Modification 27B which has been accepted in writing by the
landowner.
The majority of the land take for the mitigation planting is therefore on lower
quality Grade 3b land. The pattern of land quality that has been identified
through the detailed ALC field work undertaken as part of the Environmental
Assessment for the Scheme shows that the quality of the land is higher to the
west of the farm buildings at New Park Farm where Grades 2 and 3a land are
mainly identified. The relevant plan from the Environmental Statement (Figure
R15.7a) is attached at Appendix 4. The essential mitigation planting required
has therefore been located, as far as possible, on the lower quality land within
the landholding.
Appendices
Appendix 1 – Welsh Government Letter 7th September 2016
Appendix 2 – Welsh Government email dated 17th February 2017
Appendix 3 – Figure 1 OBJ 227 New Park Farm
Appendix 4 – Figure ES Supplement R15.7a
Adran yr Economi a’r Seilwaith Department for Economy and Infrastructure
Parc Cathays
Cathays Park
Caerdydd Cardiff
CF10 3NQ
Ffôn Tel 0845 600 2664
Gwefan website: www.gov.wales/m4newport
C:4856995v2
R. Jones, G. Jones, K. Jones, M. Jones and R. Jones c/o Mike Davies Newland Rennie 24 Newport Road Caldicot NP26 4BQ
Our Ref: qA1174612/OBJ0227 Date: 7th September 2016
Dear Mr Davies
M4 Corridor around Newport – New Park Farm CPO plots 1/3 series and 2/2 series
I refer to your correspondence dated 30th April 2016 in relation to the draft statutory Orders associated with the Welsh Government’s proposals for the M4 Corridor around Newport which has been classified as an objection to the draft statutory Orders. I understand your objection to be based on the following:
1. The viability of the agricultural holding following loss of land under the headings of “Title”,“Title Mitigation” and “Licence” during and after construction.
2. Enjoyment of retained property during and post construction.
3. Loss of land for purposes not essential for the scheme, details of which you state havenot been formally notified but which you understand to include extraction of stone andmitigation tree planting on high quality agricultural land immediately adjacent tofarmstead.
4. Inability to forward plan running of the agricultural unit.
5. Over-riding problem of proximity of proposed road to a residential dwelling in relation towhich you wish to discuss the possibility of providing an alternative dwelling to the northof the farm buildings which would mitigate the effect of the scheme.
6. Noise, dust and disturbance during construction and possible extraction of stone.
7. Possible effect on wind turbine.
8. Effect on future expansion of farmstead due to proposed acquisition of land.
9. Possible effect on spring-water supply.
10. Retention of option to serve Blight Notice in respect of effects of proposed scheme.
Parc Cathays
Cathays Park
Caerdydd Cardiff
CF10 3NQ
Ffôn Tel 0845 600 2664
Gwefan website: www.gov.wales/m4newport
C:4856995v2
11. Proposed methods of noise and pollution monitoring to accurately assess pre, duringand post scheme positions.
I shall address each of the above points using the above numbering, where appropriate:
1. The viability of the agricultural holding following loss of land under theheadings of “Title”, “Title Mitigation” and “Licence” during and afterconstruction.
1.1 I met with you and your client with members of the project team at your client’s property on 20th May 2016 to allow the project team to better understand the impacts on your clients land. This objection response provides extra detail in line with what was discussed.
1.2 Before this meeting members of the project team also met with your client on 12th January 2016 prior to the publication of the Orders to discuss the Scheme’s land requirements and your client’s access arrangements.
1.3 The table below outlines the total land required.
Area Acres
Permanent land take that is to say land categorised as “Title” and “Title Mitigation” (of which the amount of Essential Mitigation)
33
(18)
Easements 0.4
Temporary land take 8
Total 41
Area Acres
Total landowner holding 254
1.4 From our records, your client’s total holding is 254 acres, of which 41 acres would be affected. This is made up of 15 acres of land on which the highway and associated works would be constructed, 18 acres for essential mitigation and 8 acres of temporary licence land. An easement is also required over 0.4 acres to allow access for maintenance.
1.5 Attached to this letter is sketch M4CaN-DJV-LSI-ZG_GEN-SK-YL-0052, which demonstrates the land required for the Scheme and the entirety of your clients holding. I hope this aids you and your clients understanding of the impact on their holding.
1.6 Chapter 15 of the Environmental Statement - Community and Private Assets, describes the effects on farm holdings. Sections 15.6 and 15.7 describe the potential permanent impact of the Scheme’s land take and the potential construction effects. The Environmental Statement recognised that the loss of this area of land would have an effect on the daily management of the holding.
Parc Cathays
Cathays Park
Caerdydd Cardiff
CF10 3NQ
Ffôn Tel 0845 600 2664
Gwefan website: www.gov.wales/m4newport
C:4856995v2
2. Enjoyment of retained property during and post construction
2.1 From the commencement of the design deliberations, the primary focus has been on adherence to national design standards for roads, buildability, safety, minimising the required land-take and the impact of construction on key stakeholders and the wider communities. Whilst it would be virtually impossible for an infrastructure project of this size and complexity to have a zero impact on the environment or wider community, every effort will be made in the design stages to ensure the impact of the construction is kept to an absolute minimum and within legal and safe parameters.
2.2 During the construction phase, the Welsh Government with the selected principal contractor will be committed to working closely with the two local authorities and other key stakeholders to minimise the community and environmental impact of the project including affected landowners. There will be full adherence with the legal constraints of the Control of Pollution Act 1974, along with full engagement with the objectives of the Considerate Constructors Scheme (https://www.ccscheme.org.uk/ccs-ltd/what-is-the-ccs). The objectives of the scheme include good communication and an effective response to issues raised by the public. The platform for delivery will be an effective ‘Communication Plan’ which includes a dedicated public liaison officer, pre-construction exhibitions, a visitor centre, advance work information notices, project newsletters, project website, a 24 hour helpline and complaints and enquiries procedure together with a bespoke “Construction Environmental Management Plan”.
2.3 The land compensation code makes provision for those who suffer as a result of development undertaken for the benefit of the community. The code is principally laid down in the Land Compensation Acts of 1961 and 1973, the Compulsory Purchase Act 1965, the Planning and Compulsory Purchase Act 2004 and the Planning and Compensation Act 1991.
2.4 Compensation is available to land owners who are affected by the scheme to ensure they are financially restored as far as possible to the same position they were in before the property and land were compulsory purchased. The normal heads of claim under which compensation is paid are Land (& buildings), Injurious Affection, Disturbance, Loss Payments and Professional Fees. In addition, reasonable Solicitors costs would be payable in line with the relevant legislation.
2.5 Further information can also be found on the Welsh Government website: http://gov.wales/topics/transport/roads/land-acquisition-compensation/
3. Loss of land for purposes not essential for the scheme details of which youstate have not been formally notified but which you understand to includeextraction of stone and mitigation tree planting on high quality agricultural landimmediately adjacent to farmstead.
3.1 The land within the draft Compulsory Purchase Order (CPO) is the minimum land required and is essential for the construction, maintenance and operation of the Scheme. The table appended to this letter details the requirements for each plot of land required to be acquired.
3.2 If the Scheme goes ahead and the CPO is made then the Welsh Ministers will instruct the District Valuer to work with you and your client to negotiate and agree
Parc Cathays
Cathays Park
Caerdydd Cardiff
CF10 3NQ
Ffôn Tel 0845 600 2664
Gwefan website: www.gov.wales/m4newport
C:4856995v2
compensation for the land acquired for the Scheme, along with any impact that the Scheme has on your clients retained land.
3.3 At our meeting we discussed the option of moving some of the areas of woodland planting proposed by the Scheme that is labelled plot 1/3g in the published CPO to plot 2/2j.
3.4 It was also discussed that the area of planting in front of your client’s residential property, forming part of plot 1/3g could be amended to reduce the land impact on your client.
3.5 These proposals were thought to be more agreeable by your client. However, the area of land moved from 1/3g would still be required temporarily during construction under a licence. Attached to this letter is a sketch reflecting these changes. I would be grateful if you would consider the proposed modification and advise if this is acceptable to your client or whether you have any further comments or concerns. If it is acceptable a modification to the CPO will be made, which would reflect the alternative pond location. This will be sent to you and your client and you will have an opportunity to support or object to this.
4. Inability to forward plan running of the agricultural unit.
4.1 The planning process for major infrastructure projects is by its very nature long and complex with many levels of design, consultation and legal process to navigate, all of which unfortunately does take time.
4.2 The project will proceed to a Public Local Inquiry which will open on the 1st November 2016 and it is planned to commence construction in the spring 2018 should the project proceed through the Inquiry process and receive Ministerial approval.
4.3 Forward plans should anticipate this timetable.
5. Over-riding problem of proximity of proposed road to a residential dwelling inrelation to which you wish to have the opportunity to discuss the possibility ofproviding an alternative dwelling to the north of the farm buildings which wouldmitigate the effect of the scheme.
5.1 This was discussed at our meeting of 20th May. Whilst Welsh Government would not be minded to object to such a proposal it is a matter for the Local Planning Authority. Furthermore, following a subsequent enquiry by your land agent concerning financial support for an architect to draw up some sketch proposals for the new dwelling, I can advise that compensation arising from the M4 Project would be for any loss of value plus any mitigation works in the form of noise insulation. It is for the landowner to then determine how this compensation is spent. Further information on compensation matters is available at.
Parc Cathays
Cathays Park
Caerdydd Cardiff
CF10 3NQ
Ffôn Tel 0845 600 2664
Gwefan website: www.gov.wales/m4newport
C:4856995v2
6. Noise, dust and disturbance during construction and possible extraction ofstone.
6.1 Point 2.2 above covers the requirements the Scheme contractor will be working to if
the project goes ahead. This will include all operations including any stone extraction.
7. Possible effect on wind turbine.
7.1 We understand the wind turbine to be located approximately 450m north east from your client’s residential property. From the information that we have, we believed that there will be no impact on your clients wind turbine or any of its associated infrastructure. If your client could provide further information and expand upon his concerns this can be considered further by the project team.
8. Effect on future expansion of farmstead due to proposed acquisition of land.
8.1 I understand that the essence of this objection relates to the inability to forward plan for the agricultural unit and the land take as proposed by the Scheme. If this is the case please refer to response for point 1, 2 and 4 above.
8.2 Chapter 15 of the Environmental statement -Community and Private Assets discusses the impacts of the Scheme on the farm holding. The chapter identifies that this holding is one of those that is particularly affected by the scheme, where approximately 10% of the ownership of this large arable based farming enterprise would be affected by the permanent land take required for the scheme. The land take would affect the southern fringe of the holding alongside the boundary of the existing motorway. Farm access is therefore able to be maintained to the remaining land during construction and operation within the holding along the northern boundary of the section of new motorway.
9. Possible effect on spring water supply.
9.1 From our meeting at your client’s property, members of the project team visited the spring in question. It was thought that there would be no impact on the spring supply as part of the Scheme, but it would be monitored through the construction of the project.
10. Retention of option to serve Blight Notice in respect of effects of proposedscheme.
10.1 A property may be purchased from the home/land owner upon receipt of a blight notice from the owner, in certain circumstances if it meets the relevant criteria, if the land is required for a road scheme. A property may be purchased in advance of the scheme provided that reasonable efforts to sell the property have been made, but have been unsuccessful due to the presence of the scheme.
10.2 A blight notice may be served by a landowner/home owner until the Notice to Treat and Enter has been served to give effect to the Welsh Governments powers of compulsory purchase, assuming the Orders currently published in draft are made or the scheme is cancelled.
Parc Cathays
Cathays Park
Caerdydd Cardiff
CF10 3NQ
Ffôn Tel 0845 600 2664
Gwefan website: www.gov.wales/m4newport
C:4856995v2
10.3 A Blight Notice should be sent to Orders Branch, Welsh Government, Cathays Park, Cardiff CF10 3NQ.
11. Proposed methods of noise and pollution monitoring to accurately assess pre,during and post scheme positions.
11.1 The predicted pre-Scheme (baseline) and operational scheme noise and air quality regimes are discussed at chapters 13 and 7 of the Environmental Statement respectively. Validation of the noise and air quality baseline at individual locations can be established by undertaking short-term or long-term measurements as appropriate using equipment that is portable and self-contained. Welsh Government has undertaken such validation exercises previously on other road schemes and would be happy to do the same at New Park Farm.
11.2 The Pre-Construction Environmental Management Plan (Pre-CEMP) (ES, Appendix 3.2) states (at paragraph 6.8.1) that “noise monitoring (and vibration monitoring where appropriate) would be carried out as appropriate at or around residential properties during the construction phase to check compliance with noise (and vibration) limits agreed with Newport City Council or other regulators, as appropriate to the specific area. Further details are provided in the remainder of section 6.8 and paragraph 11.1.4 states that “adequate surveys and monitoring would be undertaken to establish whether ecological, landscape and other mitigation and enhancement identified in the ES, AIES has been successful following completion of the works.
Further information, including the Environmental Statement and other reporting, is available at www.gov.wales/m4newport. Paper copies are also available for inspection at deposit points as set out on the website.
The proposals for the M4 Corridor around Newport are promoted by the Welsh Government as an important part of its Wales Infrastructure Investment Plan (WIIP) which has set a clear direction for capital investment in Wales that supports growth and jobs.
The M4 Corridor around Newport project is considered to be the sustainable, long term solution to the social, environmental and economic problems associated with the main gateway into South Wales.
The Scheme would improve accessibility for people as well as Welsh goods and services to domestic and international markets.
In light of the above I would be grateful if you could advise me if you are now content to withdraw your objection to the draft Statutory Orders. A Public Local Inquiry is scheduled to start on the 1st November 2016 when an independent inspector will hear any outstanding objections and report on them to the Welsh Ministers.
Parc Cathays
Cathays Park
Caerdydd Cardiff
CF10 3NQ
Ffôn Tel 0845 600 2664
Gwefan website: www.gov.wales/m4newport
C:4856995v2
Should you require clarification, or wish to discuss the above prior to responding, please do not hesitate to contact me or the project public liaison officer Brian Greaves on [email protected] or 0845 600 2664.
Yours faithfully
Matthew Jones Project Engineer
cc Messrs R. Jones, G. Jones, K. Jones, M. Jones and R. Jones
Enclosures: Landholding sketch (M4CaN-DJV-LSI-ZG_GEN-SK-YL-0052) Table of land requirements (M4CaN-DJV-LSI-ZG_GEN-LT-YL-0007)
1
From: [email protected]: 17 February 2017 12:33To: [email protected]: Brian Greaves; [email protected]; [email protected]; Julia
Tindale; Annwen LaskeySubject: RE: M/4 Corridor around Newports - Our clients: W.R. Jones - OBJ.227 &- S.C. Phillips - OBJ.233Attachments: OBJ0227-002b-OUT-table of requirements.pdf
Mike
Thanks for your email. Some details on those borrow pits below as requested.
Mr R Jones – Castleton. North of existing M4 at New Park Farm (west of Pound Lane) Please find attached the schedule of requirements originally attached to the response letter to your client on 7th September 2016 which confirms that there is no borrow pit requirement within this area.
Mr Phillips (Green Dairy) B513. The average depth of the excavation across the area, dependent on detailed design, would be in the region of 3.5 - 4m, with a maximum depth (dependent on the location in relation to the existing slope across the area) likely to be approximately 10m . The area of the excavation would be approximately 10.5 -11ha and the excavated materials would include a proportion of soil and overburden material (available for restoration purposes) as well as stone for use in the Scheme. The fill material would be clean excavated material that would be unsuitable for use for engineering purposes.
Cofion/Regards Matt
From: Caldicot [mailto:[email protected]] Sent: 14 February 2017 10:31 To: Jones, Matthew (ESNR-Transport-Infrastructure Delivery) Cc: Brian Greaves ([email protected]); '[email protected]'; '[email protected]' Subject: Re: M/4 Corridor around Newports - Our clients: W.R. Jones - OBJ.227 &- S.C. Phillips - OBJ.233
Dear Mr. Jones,
Further to your proposals to extract stone for the M/4 Relief Road from my two above named clients, I would be grateful if you could give some form of indication as to the depth of excavation on each client’s land, the material that will be used to re‐fill the voids and the expected amount of stone to be extracted in each instance.
I have previously requested information as to the basis of compensation for this. The response forwarded by your colleague Brian Greaves on the 7th February 2017 by no means answers the questions previously raised. I am aware of the “Point Gourde” principle. I note the reference to the possibility of future degrading of the usefulness of the agricultural land, I also note that in both instances good road access is available to the land where extraction is proposed and I understand there is currently a strong demand for stone which is likely to be enhanced considerably should the proposed Tidal Lagoons proceed at Swansea, Cardiff and Newport.
I look forward to hearing from you in due course.
Yours sincerely,
2
M.O. DAVIES FRICS FAAV
For and on behalf of Newland Rennie Tel: 01291 430331 - Residential Tel: 01291 420388 - Agricultural www.newlandrennie.com
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±
dwg ref: 8235-0704-03
1:4,500Scale: A3 @0 230115 m
Legend
© Crown copyright and database right 2017.Ordnance Survey 100021874. Welsh Government.© Hawlfraint a hawliau cronfa ddata'r Goron 2017. Rhif Trwdded yr Arolwg Ordnans 100021874.
Temporary landMitigation planting
ALC Grade23a3b4Non-agricultureNot Surveyed
dwg r
ef: 82
35-07
04-03
Con
tains
Ordn
ance
Surv
ey da
ta ©
Crow
n cop
yrigh
t and
datab
ase r
ight 2
015
Drawn: MS
Date: Febuary 2016
Checked: JT
Status: DRAFTRevision:Figure: 1
OBJ 227 - New Park FarmMitigation Planting and ALC
M4CaN Public Local Inquiry
Draft Orders
With Modification 27B
±
1 23
4
5 6 7
8 9
10
11
12
339
342 343 344
341340
338
12a
1314
15
16
17
18 19
20
2122
23 2425 26
27
28 29
3031
181 182 183 184 185 186
187
189 190 191
32 33 34 35
36 37 38
39 40 41
42
43 44 45 46
47 48 49
50 51 52 53
54 55 56 57
58 59 60
6162
63 64 65
66 67 68
71
76 77
83 84
89
390
391 392393
394 395 396
397 398
399 400
401 402 403
404
345 346
347188
dwg ref: 8235-0194-16
1:12,000Scale: A3 @0 400200 m
© Crown copyright and database right 2016.Ordnance Survey 100021874. Welsh Government.© Hawlfraint a hawliau cronfa ddata'r Goron 2016. Rhif Trwdded yr Arolwg Ordnans 100021874.
LegendLimit of Permanent and Temporary Worksfor New Section of Motorway
!( Auger BoreholeALC Grade
23a3b4Non-agricultureNot SurveyedWelsh Government Survey
dwg r
ef: 82
35-01
94-16
Con
tains
Ordn
ance
Surv
ey da
ta ©
Crow
n cop
yrigh
t and
datab
ase r
ight 2
015
Drawn: CR
Date: September 2016
Checked: JT
Status: AT ISSUERevision: -Figure: R15.7a
Agricultural Land ClassificationEnvironmental Statement Supplement
