for the Proposed A5 Western Transport Corridor

Transcription

1 Department for Regional Development The Roads (Northern Ireland) Order 1993 The Local Government Act (Northern Ireland) 1972 Statement by The Department on the Report on the Local Inquiries into the Environmental Statement, Direction Order, Vesting Order and Stopping-up of Private Accesses Order for the Proposed A5 Western Transport Corridor

2 TABLE OF CONTENTS Page 1.0 Content of Decision Basis of Decision Strategic Context/Policy Existing Conditions Scheme Benefits and Objectives Project History Project Governance/Delivery Statutory Procedures Consultation Period and Public Inquiries Main Conclusions and Recommendations of Inspector s Report Strategic Section Section Section Measures to Mitigate Adverse Effects Departmental Decision

3 1.0 CONTENT OF DECISION 1.1 The Department for Regional Development has decided to proceed with the proposed A5 Western Transport Corridor (A5WTC) dualling scheme with implementation being phased to reflect availability of funding. The scheme is as described in the Environmental Statement, draft Direction Order, draft Vesting Order, and draft Private Accesses Stopping-Up Order published by the Department in November An additional draft Private Accesses Stopping Up Order was published on 7 May 2012 as was a draft Supplementary Vesting Order to acquire the land for alternative alignments as recommended by the Inspectors who heard and reported on the A5WTC Public Inquiries. Where modifications as proposed by the Inspectors have been accepted, these are reflected in the Orders listed above. 1.3 The proposed A5WTC Dualling works would provide approximately 85km of new high quality dual two lane rural all-purpose (D2AP) carriageway with a national speed limit of 70mph. In line with the decision on 14 February 2012 by the NI Executive, only 2 stretches are being progressed to construction at this time Newbuildings to north of Strabane (Junction1 to Junction 3) South of Omagh to Ballygawley (Junction 13 to Junction 15) as well as dualling between the new roundabout to be constructed at the A5WTC/A4 junction and the roundabout constructed at the termination of the existing A4 dual carriageway. 1.4 Sections 2 and 3 of this document set out the considerations on which the decision to proceed with the scheme is based. Section 4 describes the measures that will be incorporated to mitigate the adverse effects of the scheme and the most significant impacts arising from the scheme. Section 5 outlines the Departmental Decision. 3

4 2.0 BASIS OF DECISION 2.1 STRATEGIC CONTEXT/POLICY The need to upgrade Key Transport Corridors, such as the A5, is included in many policy and other documents and is primarily related to the link between improving the infrastructure and the economy of the region Shaping Our Future: Regional Development Strategy for Northern Ireland 2025 (RDS): The RDS contains a Spatial Development Strategy to guide the physical development of the region to It is a framework based on urban hubs and clusters, key and link transport corridors and the main regional gateways of ports and airports. A key element of the strategy is the emphasis on the development of a modern integrated transport system. Its stated longer term vision for transportation is to have a modern, sustainable, safe transportation system which benefits society, the economy, and the environment and which actively contributes to social inclusion and everybody s quality of life The RDS identifies a Regional Strategic Transport Network (RSTN) which has a fundamental role to play in contributing to the achievement of sustainable progress on social, economic and development goals in Northern Ireland. As well as identifying the need to extend travel choice and change travel culture, the RDS also identifies the need (SPG-TRAN 1) To develop a Regional Strategic Transport Network based on key transport corridors, to enhance accessibility to regional facilities and services In recognition of the changing challenges facing the region the Executive agreed that the Regional Development Strategy, that was published in 2001 and reviewed in 2008, needed to be revised. Following public consultation the RDS 2035 was published on 15 March Whilst many of the objectives of the previous strategy are still valid this document now replaces it Regional Transportation Strategy for Northern Ireland (RTS): The RTS, a daughter document of the RDS, identifies strategic transportation investment priorities and considers potential funding sources and affordability of planned initiatives for the period The purpose of the RTS is to support the RDS and to make a significant contribution to achieving the longer-term vision for transportation. Delivery of the RTS is being progressed through three transport plans: the Sub-Regional Transport Plan; the Belfast Metropolitan Plan; and the Regional Strategic Transportation Network Transport Plan The RTS has also recently been reviewed with the publication in March 2012 of A New Approach to Regional Transportation which complements the updated Regional Development Strategy. The need to improve the RSTN remains a key part of the updated strategy. 4

5 2.1.3 Regional Strategic Transportation Network Transport Plan 2015 (RSTN TP): The RSTN TP consists of proposals for the maintenance, management and development of the Regional Strategic Transport Network (RSTN). The RSTN comprises the complete rail network, five Key Transport Corridors including the A5WTC, four link corridors, the Belfast Metropolitan Transport Corridors and the remainder of the trunk road network. The transport plan, which reflected the anticipated funding levels at the time, includes proposals to improve the A Programme for Government/Investment Strategy for Northern Ireland: In 2008 the Northern Ireland Executive agreed its first Programme for Government (PfG) and associated budget and also endorsed a revised 10 year Investment Strategy for Northern Ireland (ISNI) covering the period Both the PfG and ISNI included a proposal to upgrade the A5WTC to dual carriageway standard. In November 2011 the Draft Investment Strategy for Northern Ireland was published for consultation. The consultation period closed on 22 February The PfG sets out the strategic priorities and key plans for as well as some of the longer term aspirations and intentions. It was used in determining the Budget and Investment Strategy for the same period and together these documents demonstrate how resources and capital investment were allocated to support the identified priorities The PfG identifies 5 key priorities with Growing a Sustainable Economy and Investing in the Future being identified as the Executive s top priority. One of the key commitments under this Priority is to Progress the upgrade of key road projects and improve the overall road network to ensure that by March 2015 journey times on key transport corridors reduce by 2.5%. The other priorities, all of which are inter-related, include Protecting Our People, the Environment and Creating Safer Communities The Investment Strategy supports the PfG recognising the need to invest in the roads network in order to reduce journey times, improve safety and to provide enhanced access to urban centres Investment Delivery Plan (IDP) for Roads: The IDP for Roads published in April 2008 is a delivery document for the Investment Strategy which was ratified by the Executive in January It set out firm capital allocations for the 3 years to and indicative capital allocations for the 7 years thereafter. It also identifies the programme of Strategic Road Improvements that are proposed for the 10 years of the Investment Strategy period to 2017/2018. In relation to the A5WTC project 5

6 the IDP anticipates delivery of the A5 dualling project within the 2013/14 to 2017/18 timeframe Budget : In March 2011, the Northern Ireland Executive agreed a 4 year budget going forward. This followed a consultation process on the draft budget. The A5 dualling project was included in the draft budget and was retained in the final agreed budget February Infrastructure Investment Funding Commitments: On the 14 February 2012 the Executive confirmed 500m of investment in road infrastructure. The revised budget means that over the next four years significant elements of several road schemes including 2 stretches of the A5WTC project will be progressed and funding has been allocated to reflect this Department of Enterprise, Trade and Investment (DETI) Corporate Plan : The DETI Corporate Plan includes a sub objective (PSA 1 Objective 7) to improve the Strategic Road Network by the advancement/completion of a range of major works schemes. This objective recognises that development of the physical infrastructure will support productivity and attract investment into Northern Ireland. 2.2 EXISTING CONDITIONS The existing A5 route (Trunk Roads T3 Londonderry-Ballygawley and T6 Ballygawley-border) runs from Londonderry to the border with County Monaghan just south of Aughnacloy where it links to the N2 route travelling southwards towards Dublin. It passes through or adjacent to the settlements of New Buildings, Magheramason, Bready, Cloghcor, Ballymagorry, Strabane, Sion Mills, Victoria Bridge, Newtownstewart, Omagh, Garvaghy, Ballygawley and Aughnacloy. It extends for a length of approximately 85km between the project boundaries at New Buildings and Aughnacloy The A5WTC is intersected at Ballygawley by the A4 South Western Corridor which runs from the end of the M1 motorway at Dungannon through Enniskillen to the border at Belcoo. It also links to the A32 Trunk Road (Enniskillen Omagh) and the A505 (Omagh Cookstown) Trunk Road within the town of Omagh as well as the A38/N14/N15 Lifford/Strabane cross border link, the A2 Key Transport Corridor (Londonderry Limavady), the A6 Key Transport Corridor (Londonderry Belfast) within Londonderry. 6

7 2.2.3 The A5 carries a mix of local and strategic traffic and suffers from delays, congestion and driver frustration. It is typically a single carriageway trunk road although throughout the last twenty years a number of overtaking sections have been added at strategic locations and these cover about 12% of the existing A5 route. Bypasses at Omagh, Strabane and Newtownstewart have also been provided in recent years The existing A5WTC is substandard over 38% of its length, being deficient in terms of carriageway cross section, forward visibility and/or horizontal and vertical alignment. Within each section the lengths that do not comply with current design standards are Section 1 10km (38%) Section km (35%) Section km (41%) There are 1368 at grade junctions/ private accesses along the existing A5. The private accesses include commercial, residential and agricultural use. These accesses and junctions create conflict between the road users and contribute to the accident potential along the route There have been many accidents along the existing A5 route in recent years with 15 fatal collisions in the period between 2005 and 2009 (14 within the extent of the scheme). By way of comparison the M1 motorway (the length of which is approximately 80% of the A5 dualling project) had 1 fatal collision in the same timeframe The A4 South Western Transport Corridor, which in combination with the A5, carries the vast majority of traffic between Belfast and County Tyrone, has recently been upgraded to dual carriageway status between Ballygawley and Dungannon and this serves to highlight further the deficiencies in the existing A5 route. 2.3 SCHEME BENEFITS AND OBJECTIVES The A5WTC is one of 5 key Transport Corridors as identified in the Regional Development Strategy and other policy documents. It runs from the border at Aughnacloy to Londonderry where it links to the A6 North Western Key Transport Corridor. It is also intersected at Ballygawley by the South Western Transport Corridor which runs from Belfast through Enniskillen to the border at Belcoo It is widely recognised that the various elements of the strategic road network comprise the arteries of the region s economy, linking as they do the major towns and cities to the Belfast Metropolitan Area, the regional gateways as well as the road network in the Republic of Ireland and air and sea ports. Upgrading the Key Transport Corridor network would provide a strategic 7

8 framework for infrastructure investment and economic development, especially for large scale sites to accommodate industry and commerce as well as assisting tourist travel in the region The Programme for Government and Investment Strategy highlight growing the economy as the Executive s key priority. The need and desire to balance regional infrastructure is also recognised as well as the need to protect the environment. Upgrading the A5 Western Transport Corridor to dual carriageway status is positive in relation to growing the economy and balancing regional infrastructure and negative in terms of protecting the environment. The adverse effect on the environment is recognised and is a key part of the route selection process. More detail on effects and mitigation measures are addressed in the Environmental Statement Road safety is a key issue on the A5 and dual carriageways are inherently safer than single carriageways. Apart from being substandard over a lot of its length, the existing A5 single carriageway accommodates 1368 junctions/accesses and this factor, along with the lack of overtaking opportunities, contributes to the accident potential The main objectives of the A5WTC dualling project are: to improve road safety; to improve the road network in the province and north-south links; to reduce journey travel times along the A5WTC; to provide increased overtaking opportunities for motorists along the A5WTC; to develop the final proposals in light of safety, economic, environmental, integration and accessibility considerations Achieving these objectives would contribute to the higher level objectives of balancing regional infrastructure and improving accessibility across the region The existing A5 passes through many settlements along its length which has implications for road users in terms of journey times and road safety and furthermore for residents of settlements in terms of environmental impacts. 8

9 2.4 PROJECT HISTORY At its meeting on 17th July 2007, the North South Ministerial Council (NSMC) noted the Irish Government s intention to make available a contribution of 400m to help fund the major roads programme within Northern Ireland providing dual carriageway standard on routes serving the North West Gateway and on the Eastern Seaboard Corridor between Belfast and Larne. The Northern Ireland Executive confirmed its acceptance, in principle, to taking forward these two major road projects Within Northern Ireland the route serving the North West gateway is the A5 Western Transport Corridor (A5WTC) which runs from Londonderry to the border just south of Aughnacloy. The A5WTC project involves providing a new off line dual carriageway between New Buildings and Aughnacloy with single carriageway bypasses of New Buildings and Aughnacloy tying the scheme into the existing A5 at the northern and southern ends. At the southern end the scheme ties in just north of the border at County Monaghan The two governments agreed the following milestones for the A5WTC project: Announcement of Preferred Corridor Late 2008 Announcement of Preferred Route Mid 2009 Publication of draft Statutory Orders/Environmental Statement late Subsequently NSMC agreed a further schedule of milestones and anticipated payments from the Irish Government to the Northern Ireland Consolidated Fund Subject to satisfactory completion of the statutory processes and availability of necessary funding, it was anticipated that construction would commence in 2012 and be completed in Article 8 of the European Convention on Human Rights protects the right to enjoyment of private and family life and Article 1 of the First Protocol protects the right to enjoyment of ones property. Roads Service recognises that the A5WTC dualling project has the potential to conflict with these rights. However, the Human Rights Act acknowledges that in the interest of greater public need, in some instances, certain rights of individuals can be set aside The project has been developed within the statutory framework of The Roads (Northern Ireland) Order 1993 (the 1993 Order). Under Part V 1 of the 1993 Order, some interference with the environment is permitted. 1 Part V was substituted by the Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 1999, (S.R No. 89) and amended by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R No. 346) 9

10 2.4.8 Under the 1993 Order, it is the duty of the Department to: identify significant environmental impacts as far as is reasonably practicable prepare and publish an Environmental Statement that sets out the Department s proposals for- avoiding the impacts if possible; or mitigating or remedying them There is no obligation on the Department to deal comprehensively with every environmental effect which is identified but, where there is interference with property rights, that interference should be minimised where possible, weighing the public interest against the interests of those affected by the proposal Following an announcement on 9th November 2011 by the Irish Government that reduced their contribution during the current budget period, the Northern Ireland Executive confirmed on 14th February 2012 that it planned to commit 500m to investment in road infrastructure. The package of schemes being taken forward includes 2 stretches of the A5WTC project and this is reflected in the current budget. 2.5 PROJECT GOVERNANCE/DELIVERY The NSMC agreed an A5WTC project management structure as follows: Cross Border Steering Group (DRD NI Roads Service/National Roads Authority/Department of Transport in ROI) A5 Technical Group (DRD NI Roads Service/National Roads Authority) A5 Project Team (DRD NI Roads Service/Project Consultants) The Cross Border Steering Group reports to the North South Ministerial Council Transport Sector and Plenary meetings where it was agreed that, for ease of administration, the Irish Government contribution to the A5 and A8 projects would be assigned to the A5 project with interim payments aligned with agreed milestones In November 2007, Roads Service appointed consultants, Mouchel, from its framework contract to take forward the A5WTC dualling project. Mouchel were supported by cost consultants, Chandler KBS, as well as procurement experts, Rowsell Wright. 10

11 2.5.4 The selected procurement process was to adopt an Early Contractor Involvement (ECI) approach with contractors appointed earlier in the process than typically would be the case. This brought the contractor procurement phase of the project ahead of the statutory procedures process thus removing about 9 months from the overall project delivery timeframe. It also allowed the contractors to provide valuable input to the design and to provide advice and costs on construction-related issues To assist delivery the project was split into three sections earlier in the design stage and it was decided to maintain this model for the contractor s design/advice (Phase 1) and construction (Phase 2) stages. This led to the appointment, in November 2009, of three contracting consortia to the project The section boundaries and appointed consortia are as follows; Section 1: New Buildings Sion Mills (Balfour Beatty/BAM/FP McCann) Section 2: Sion Mills South of Omagh (Roadbridge/Sisk/PT McWilliams) Section 3: South of Omagh - Aughnacloy (Graham/Farrans) In February 2010 and June 2012 the A5 project successfully passed through Office of Government Commerce reviews. 2.6 STATUTORY PROCEDURES Environmental Statement (November 2010) Part V of the 1993 Order sets out the statutory requirements for assessment of environmental impacts of road schemes and requires the Department to determine using the Annexes to EC Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by EC Council Directive 97/11/EC and Directive No. 2003/35/EC of the European Parliament and Council, whether or not a relevant project should be made subject to an Environmental Impact Assessment, and to publish this determination. The Department determined that the Project fell within Annex l of the Directive and that an Environmental Statement should be prepared The Environmental Impact Assessment was carried out, and an Environmental Statement (ES) prepared, in accordance with Part V of the 1993 Order. Notice of the ES was published during week commencing 15 November 2010 with the statutory consultation period extending to 21 January Subsequent addenda to the ES were issued during the consultation period but, because the changes were very minor in nature, it was considered that there was no need to extend the consultation period. 11

12 A further addendum was published on 22 March 2011 to highlight changes to the noise and air quality sections of the ES as a result of updating the traffic model. While this identified a number of local changes to conditions, in overall regional terms the changes were not significant The ES presents the findings of an environmental assessment of the scheme and describes the measures proposed to mitigate impact on the natural and built environment Notice of Intention to Make a Direction Order (November 2010) As the A5 is a trunk route, a Direction Order is required in accordance with the 1993 Order for new sections of the route. For this purpose, a draft Order was prepared and published (hereinafter described as the Direction Order ) and was the subject of consideration at the Public Inquiries The Direction Order sets out, in detail, the designation of the new route as a Trunk Road, and the stopping-up of roads. In accordance with Schedule 8 to the 1993 Order, signs were posted on the roads named in the Notice where stopping-up is proposed, to inform local residents Notice of Intention to Make a Vesting Order (November 2010) The Notice of Intention to Make a Vesting Order (hereinafter described as the Vesting Order ) includes provision for acquisition of those lands and interests considered by the Department to be necessary for construction of the scheme to: construct the new route and alterations to side roads; allow for alterations to water courses; accommodate drainage requirements; allow for the deposition of matter obtained in the course of constructing the new road; allow for space to construct associated bridges and culverts; provide access to severed land and property Notice of Intention to Make a Stopping-up Order (Private Accesses) Where it is considered necessary to stop-up private accesses, a Stopping-up Order is required under Article 69 of the Roads (Northern Ireland) Order In relation to the A5WTC the December 2010 draft stopping-up order set out in detail the stopping-up to road traffic of five private accesses where it was considered necessary, for safety reasons, to relocate these particular 12

13 accesses. However, as the subject five private accesses are not within the stretches of the A5WTC project being progressed at this time, this Stopping- Up Order has been postponed. A further Notice of Intention to make a Stopping-Up Order of private accesses was published in May 2012 in respect of two additional private accesses Notice of Intention to Make a Supplementary Vesting Order (May 2012) The Notice of Intention to Make a Supplementary Vesting Order (hereinafter described as the Supplementary Vesting Order ) includes provision for acquisition of those lands and interests considered by the Department to be necessary to implement some of the recommendations made by the Inspectors at the Public Inquiry. This land is necessary to facilitate alterations to side roads and to provide better access to severed land and property. 2.7 CONSULTATION PERIOD AND PUBLIC INQUIRIES November In accordance with Schedules 5 and 8 to the Roads (Northern Ireland) Order 1993 and the Local Government Act (Northern Ireland) 1972 the Department placed the Notices relating to the Environmental Statement, Intention to make a Direction Order, Intention to make a Vesting Order and Stopping-Up of Private Accesses Order in the following newspapers during weeks commencing 15 November and 22 November Belfast Gazette (w/c 15 November 2010 only) Belfast Telegraph Irish News News Letter Derry Journal Londonderry Sentinel Strabane Chronicle Tyrone Courier Ulster Herald Tyrone Times Tyrone Constitution Dungannon Observer Strabane Weekly News Notices relating to the Environmental Statement were published in the following Republic of Ireland newspapers during week commencing 15 November 2010: Irish Independent Donegal Democrat Northern Standard 13

14 2.7.2 Copies of the Environmental Statement, draft Direction Order, draft Vesting Order and draft Stopping-Up of Private Accesses Order were also made available for inspection at the following locations: Roads Service Headquarters, Room 2-13, Clarence Court, Adelaide Street, Belfast BT2 8GB Roads Service Western Division, County Hall, Drumragh Avenue, Omagh BT79 7AF Roads Service Western Division, Boaz House, Scarffe s Entry, Omagh Roads Service Strabane Section Office, 20 Derry Road, Strabane Roads Service Omagh Section Office, 32 Deverney Road, Omagh Roads Service Derry Section Office, 1 Crescent Road, Londonderry Roads Service Dungannon Section Office, Main Street, Moygashel Strabane District Council, 20 Derry Road, Strabane Omagh District Council, The Grange, Mountjoy Road, Omagh Derry City Council, 98 Strand Road, Londonderry Dungannon and South Tyrone Borough Council, Circular Road, Dungannon In addition the Environmental Statement was also displayed and available for inspection at the offices of Monaghan County Council, Roads Office, MTEK II Office, Armagh Road, Monaghan; and Donegal County Council, Public Services, Centre, Drumlonagher, Donegal Town These documents, which were also displayed on the project website, were circulated to statutory consultees seeking their comments on the proposals The publication of the draft Orders and Environmental Statement commenced the formal consultation period for the scheme which ran until 21st January The ES Addendum published outside the formal consultation period had a further public consultation period (22 March May 2011) and documents were published in the same papers and were available for public inspection at the same locations as the original ES. 14

15 2.7.3 May In accordance with the Roads (Northern Ireland) Order 1993 and the Local Government Act (Northern Ireland) 1972, the Department placed the Notices relating to the Intention to make a Supplementary Vesting Order in the following newspapers during weeks commencing 7 May and 14 May Belfast Gazette (w/c 7 May 2012 only) Belfast Telegraph Irish News News Letter Derry Journal Londonderry Sentinel Strabane Chronicle Tyrone Courier Ulster Herald Tyrone Times Tyrone Constitution Dungannon Observer Strabane Weekly News The notice of intention to make a Stopping-Up of Private Accesses Order was published in the Tyrone Times and Dungannon Observer during week commencing 7 May Copies of the draft Supplementary Vesting Order and draft Stopping-Up of Private Accesses Order were made available for inspection at the following locations: Roads Service Headquarters, Room 2-13, Clarence Court, Adelaide Street, Belfast BT2 8GB Roads Service Western Division, County Hall, Drumragh Avenue, Omagh BT79 7AF Roads Service Dungannon Section Office, Main Street, Moygashel Roads Service Strabane Section Office, 20 Derry Road, Strabane Roads Service Derry Section Office, 1 Crescent Road, Londonderry Omagh District Council, The Grange, Mountjoy Road, Omagh Dungannon and South Tyrone Borough Council, Circular Road, Dungannon Strabane District Council, 20 Derry Road, Strabane Derry City Council, 98 Strand Road, Londonderry 15

16 2.7.4 November 2010 draft Orders - Comments and Objections letters/signatories to petitions were received in relation to the formal consultation period associated with the publication of the draft Orders and Environmental Statement. A small number of these submissions were received after the deadline date of 21 January 2011 and were considered by the Department. The figure of 2577 contains 30 letters of support. Due to the nature of many of the objections it was not possible to clearly define whether the objections related specifically to the draft Vesting Order, draft Direction Order, draft Stopping Up of Private Accesses Order or Environmental Statement There was considerable duplication in the submissions in that a large number of people made more than 1 submission (which includes submitting letters and signing petitions) A total of 31 different standard objection letters were received, of which 5 were petitions. Of the 5 petitions, 1 was submitted 3 times and 2 were submitted twice. The number of signatories on individual petitions ranged from 17 to 497. The number submitted for each of the 26 different standard objection letters ranged from 3 to 120. There were 395 non standard objections received The table below shows the number of affected landowners in each of the 3 Sections who made a submission Section Total number of landowners in Section Number landowners objecting of % of objection Section % Section % Section % All submissions were acknowledged by letter apart from 61 which did not contain sufficient legible information to allow the address to be identified. 146 acknowledgement letters, Inquiry invitation letters or objection response letters were subsequently returned unopened to Roads Service as at 18 April objections were withdrawn. 16

17 Comments were also received from 5 statutory consultees. These submissions were typically neutral but highlighted issues to be considered during delivery of the scheme Owing to the number and nature of the objections received, the Department considered that a Public Inquiry should be held and this was announced by the Minister in February The Department subsequently formally appointed a team of inspectors to hear the inquiries A formal Notice of Intention to hold a Public Inquiry was published during week ending 18 February A further Notice was published during week ending 11 March 2011 to provide additional details. Each objector was subsequently invited to the appropriate pre Inquiry meetings as well as being issued with a copy of the Departmental Statement Responses to all submissions have issued and these essentially formed the Department s rebuttal statements May 2012 draft Supplementary Vesting Order and Stopping-Up of Private Accesses Order - Comments and Objections letters of objection were received to the Supplementary Vesting Order, one of which was from a Statutory body and was subsequently withdrawn. Because the Supplementary Vesting Order was progressed to meet the needs of the landowners as well as to implement recommendations made by the Inspectors, the decision was made to proceed without recourse to a Public Inquiry. No objections were received in respect of the Stopping-Up of Private Accesses Order. 17

18 3.0 MAIN CONCLUSIONS AND RECOMMENDATIONS OF INSPECTOR S REPORT (With Departmental Comments) The text quoted in this section is extracted directly from Chapters 7, 8, 9 and 11 of the Inspector s Report. The recommendations are then followed by the Department s responses. 3.1 STRATEGIC Inspector s Report Volume 2, Chapter 11, Conclusions & Recommendations (page 293) After hearing, examining and considering all the evidence presented to the Strategic and Section Inquiries, including written evidence presented to us up until the 8 th of July 2011, we are of the opinion that the A5 Western Transport Corridor Scheme should proceed as proposed by the Department for Regional Development, Roads Service, subject to the following recommendations: 1. Whilst we are satisfied that the Department carried out a thorough and wide ranging consultation process, we recommend that the Department continues to have discussions with all affected landowners with a view to resolving, where possible, any outstanding individual difficulties.. Further meetings have taken place with all landowners affected by the two stretches being taken forward. Landowners in the other stretches will be contacted when more details regarding funding and implementation become available. 2. We are satisfied that the Department has taken into account the impact of the Scheme on the human rights of individuals and communities affected, and that appropriate mitigation measures will be put in place. However, we recommend that the Department continues to monitor the effects of the Scheme on individual and collective human rights and seeks at all times to mitigate these effects as far as practically possible.. Prior to publication of the draft Statutory Orders, the Department carried out a Human Rights Assessment in which the Department recognised the negative impact of the scheme on some individual property owners but at the same time recognised the overriding greater public good associated with completion of the A5WTC project. The Department will however continue to monitor the effects of the Scheme on individual and collective human rights and seek at all times to mitigate these effects as far as reasonably practical. 18

19 3. We recommend that the Department makes every possible effort to alleviate the stress and anxiety that the Scheme will undoubtedly cause for many affected land and property owners. In addition to the measures already outlined by the Department we would emphasise the need to maximise the extent of personal contact with individuals and communities.. Further meetings have taken place with all landowners affected by the two stretches being taken forward. Landowners in the other stretches will be contacted when more details regarding funding and implementation become available. 4. In relation to noise mitigation measures proposed by the Department, we do not consider that the statutory 68 decibel criterion for noise insulation should be a limiting factor in determining the need for other noise mitigation measures. A number of specific cases have been identified within the Section reports where increased noise levels would have an intrusive effect on individuals. We endorse the recommendations in the Section reports that special mitigation measures should be considered by the Department in those cases referred to, in consultation with the residents affected. The recommendations were based, not on a set of criteria since none was presented to us at the Inquiry, but on a subjective judgement in particular cases taking account of the significant differences between current and forecast levels and the resultant impact on the recipients identified. For the benefit of future Inquiries, we recommend that the Department should present an audio demonstration of the effect of varying increases in traffic noise levels. in principle. The comment regarding the Department s noise mitigation policy is noted and it is proposed to carry out a review of this particular policy which will take cognisance of the Department s ongoing work in relation to the European Noise Directive. This review will not be completed before commencement of the construction stage of the A5WTC project but its findings will be applied to the project. 5. The matter of the test procedures related to predicted gas emission rates was raised and specifically the lack of clarity in the Environmental Statement regarding those test procedures. We recommend that details of all tests carried out to show predicted gas emission rates should indicate clearly the basis on which the tests have been carried out, how exactly they have been linked to predicted traffic flows and if there were any constraints or limiting factors on the test procedures. 19

20 Detailed explanation of the monitoring and modelling of gas related emissions are provided in the technical appendices to Chapter 8 of the Environmental Statement. The approach adopted conforms to the guidance detailed in the Design Manual for Roads and Bridges and is one which is adopted for all major road schemes in the UK. 6. We recommend that the Department carries out a review of the Agricultural Impact Assessments (AIA) to determine whether the impact of the Scheme on all affected farms has been adequately addressed.. The information contained within the Agricultural Impact Assessments, and consequently the impact, will be considered during the compensation process. We recommend also that the Department carries out a review of the impact of mitigation and accommodation works on the Department of Agriculture & Rural Development s (DARD) bio-security code.. The Department will ensure that the dual carriageway mitigation and accommodation works do not compromise the position of any landowner who is currently complying with DARD s bio-security code. 7. In relation to the Tullyvar roundabout at Ballygawley, we recommend that the Department s original proposals be set aside and the alternative, as described earlier, be adopted. This would mean retaining the A4 / A5 Tullyvar roundabout in general accord with the views expressed by several objectors.. 8. We recommend that the Department should consider postponement of the Ballygawley to Aughnacloy section of the Scheme until the details of the link with the N2 at the border with the Irish Republic have been clearly identified.. 9. In relation to issues surrounding the Cavanacaw Goldmine, we recommend that the Department should demonstrate transparency in how materials are sourced, tested and declared to be free from contamination, in order to allay clearly expressed public concern.. 20

21 All aggregates and fills to be brought to the scheme for incorporation in the works will be regularly tested for suitability against the required physical properties and against the tolerable chemical content for protection of human health and the water environment (as outlined by NIEA). Materials not meeting these criteria will be rejected. 10. In relation to Harry Avery s Castle, we expect the Department to continue to consult with the Northern Ireland Environment Agency through the detailed design and construction stages of the Scheme in order to achieve the absolute minimal impact. in part. The Department has had consultation with NIEA throughout the design process and has mitigated the impact on Harry Avery s Castle as far as is reasonably practicable. Further consultation will take place with NIEA as the project develops. 11. We recommend that the Department notes and implements all the recommendations listed in the Section reports which are contained in Chapters 7, 8 and 9 of this document. Recommendations in Chapters 7 and 8 include the purchase of properties where we have concluded that the impact of the Scheme on a number of properties would be so severe that it could not be effectively alleviated by mitigating measures and thus we have recommended that the Department should purchase several adversely affected properties. We ask that the Department facilitate the process as far as possible. There may be other properties that might be similarly impacted by the Scheme but it is for the property owners to make their own representations to the Department. Department s Response Individual recommendations will be addressed throughout the Departmental Statement. 12. In relation to the Doogary Alternative we recommend that cost revisions, on a similar basis to that relating to the alternative route, should be prepared in respect of the Preferred Route and the on-line route to demonstrate which is the most economic and environmentally acceptable option (Inquiry reference: OA-1146). Further analysis of the Preferred and on line route options has been carried out and the scheme as proposed at the Public Inquiry is considered to be the best option. 21

22 13. During the course of the hearings several objectors expressed concern that no assistance was available to them to prepare their cases, whilst the Department had access to a significant array of technical and legal expertise. We recommend that the Department gives consideration to a Scheme whereby objectors could make reference to a source of independent technical / legal advice when preparing their cases. Department s Response The issue of providing assistance to objectors may be relevant to any Department going through a public inquiry process; the Department will review this issue, taking cognisance of practice in other NICS Departments and in GB. 14. In fulfillment of our terms of reference: We consider that, subject to the foregoing, the Environmental Statement has dealt comprehensively and adequately with the issues which would arise if the Scheme were to be implemented; We recommend that the Direction Order be made, subject to any amendments arising from the foregoing recommendations; We recommend that the Vesting Order be made subject to (a) any amendments arising from the foregoing recommendations and (b) any other amendments agreed by the Department during the course of the Inquiry. We note that a further vesting order may be required. In some cases changes to the Scheme have been recommended which would require additional land. We have assumed that such land would be acquired by agreement; We recommend that The Private Accesses at A5 Western Transport Corridor (Stopping-up) Order (Northern Ireland) 2010 be made. in principle. The Department proposes to make the Vesting Order and Stopping-Up Order for the two stretches being taken through to the construction stage this year; make the Direction Order between Newbuildings and Ballygawley; publish the Notice of Intention to Proceed in respect of the Environmental Statement for the entire project (New Buildings Aughnacloy). 22

23 3.2 SECTION 1 Inspector s Report Volume 2, Chapter 7, Paragraph 7.8 Summary (page 107) McCrea We recommend that the alternative design for the Tamnabready Road Link be incorporated into the Scheme in place of the current proposal. In principle. The alternative design will be carried out providing the land required is secured through a further Vesting Order. This land was included in the A5WTC Supplementary Vesting Order which was published in May Lindsay We recommend that the updated design for the realignment of the Donagheady Road is incorporated into the Scheme. In principle. The alternative design will be carried out providing the land required is secured through a further Vesting Order. This land was included in the A5WTC Supplementary Vesting Order which was published in May Ash Avenue Residents In order to address possible difficulties with vehicle passing we recommend that the Department considers the provision of passing bays, one on the new link road and a second on Drumenny Road between the underpass and the bend at the cricket club. The passing bays can be provided within land included in the draft Vesting Order (2010) J McShane We recommend that the revised link between Moss Road and Ballydonaghy Road is incorporated into the Scheme and the remote link removed. In principle. The alternative design will be carried out providing the land required is secured through a further Vesting Order. This land was included in the A5WTC Supplementary Vesting Order which was published in May Gamble We recommend that the amendment to widen Park Road with land being acquired on one side of the road only is incorporated into the Scheme. This part of the scheme is not being taken forward to construction in The alternative design will be carried out providing the land required can be secured through a further Vesting Order. 23

24 and Blee We recommend that further consideration is given to enhanced mitigation measures to provide visual screening and substantial noise reduction along the length of the boundary of the Blee properties. in principle. This part of the scheme is not being taken forward to construction in This issue will be considered when this stretch of scheme is taken forward. See also Page 19, 3.1 Strategic point P McShane We recommend that the alternative design for the realignment of Donagheady Road is incorporated into the Scheme subject to acquisition of the required land by agreement. In principle. The alternative design will be carried out providing the land required is secured through a further Vesting Order. This land was included in the A5WTC Supplementary Vesting Order which was published in May Dooher We recommend that the revised alignment of Urney Road and Carrick Avenue is incorporated into the Scheme. In principle. This part of the scheme is not being taken forward to construction in The alternative design will be promoted when this stretch of the scheme is being further developed Patterson We recommend that the revisions agreed with Mr Patterson are incorporated into the Scheme. In principle. This part of the scheme is not being taken forward to construction in The alternative design will be carried out providing the land required can be secured through a further Vesting Order Rankin We recommend that the separate access facility agreed with Mr Rankin be incorporated into the Scheme. 24

25 McKean We recommend that a separate overbridge be provided for Mr McKean in a position to be agreed with the landowner and that accommodation works be discussed and agreed at an early date Adams We recommend that the Department provides suitable signage to provide directions to the Wellbeing Health Spa business. Department s Response Not accepted. The Department has a road signage policy to control provision and avoid proliferation of signs. Businesses such as the Wellbeing Health Spa are not eligible for signing under current policies Boyd We recommend that the provision of a suitable screen is considered in addition to the planting and enhancement to the ridge and if agreed with Mr Boyd, included in the works to be provided at this location McMullan We recommend that consideration be given by the Department, in consultation with Mr McMullan, to provide some suitable screening to mitigate the threat of headlights flashing directly on the windows of the chicken houses Crumley and Love We recommend that the revised access arrangements, including an overbridge on the line of the lane to their milking parlour, are incorporated into the Scheme Baird We recommend that the amendment to the proposed landtake is incorporated in the Vesting Order McCrory Acknowledging that even substantial mitigation will not fully counter the severe impact on these homes, we recommend that the Department should offer to purchase all the properties abutting the new road. This acquisition should be on a voluntary basis on behalf of each resident but see also Chapter

26 Department s Response Not Accepted. The Department considers that the adverse environmental impacts on properties close to the Proposed Scheme are dealt with more properly through mitigation, compensation, and where appropriate, the blight process Burns We recommend that the revised layout of Urney Road and Carrick Avenue is incorporated into the design of the Scheme. in principle. This part of the scheme is not being taken forward to construction in The alternative design will be promoted when this stretch of the scheme is being further developed Bruce We recommend that the proposed earth bund should be enhanced by suitable planting between the ponds and the boundary with Mr & Mrs Bruce s property. The final planting proposals should be determined in consultation with Mr & Mrs Bruce. We also recommend that consideration be given to provide access to the ponds from the lay-by on the A5WTC Murphy We support the revised layout and recommend that it is included in the Scheme. in principle. The alternative design will be carried out providing the land required is secured through a further Vesting Order. This land was included in the A5WTC Supplementary Vesting Order which was published in May O Neill We recommend that substantial planting is incorporated in the Scheme to provide screening to the dwelling. The detail of the planting should be determined in consultation with Mr& Mrs O Neill O Neill We recommend that the alternative access arrangements developed following discussions between the parties are incorporated into the substantive design for the A5WTC. 26

27 We recommend that substantial planting is incorporated in the Scheme to provide screening to the dwelling. The detail of the planting should be determined in consultation with Mr & Mrs O Neill O Neill We recommend that substantial planting is incorporated in the Scheme to provide screening to the dwelling. The detail of the planting should be determined in consultation with Ms O Neill Parker We recommend that acquisition of this property by agreement is offered but see also Chapter 11. Department s Response Not Accepted. The Department considers that the adverse environmental impacts on properties close to the Proposed Scheme are dealt with more properly through mitigation, compensation, and where appropriate, the blight process W McCrea We recommend that the agreed changes to the access arrangements be incorporated into the Scheme Hegarty We recommend that the revised layout agreed with Mr Hegarty is included in the Scheme. in principle. The alternative design will be carried out providing the land required is secured through a further Vesting Order. This land was included in the A5WTC Supplementary Vesting Order which was published in May Riverside Building and Development Limited We recommend that the agreed amendment is incorporated into the Scheme. in principle. This part of the scheme is not being taken forward to construction in The alternative design will be carried out providing the land required can be secured through a further Vesting Order. 27