TRANSPORT AND WORKS ACT 1992: PROPOSED MIDLAND METRO (BIRMINGHAM CITY CENTRE EXTENSION LAND ACQUISITION AND VARIATION) ORDER

TOWN AND COUNTRY PLANNING ACT 1990: REQUEST FOR DEEMED PLANNING PERMISSION

TRANSPORT AND WORKS (INQUIRIES PROCEDURE) RULES 2004

STATEMENT OF MATTERS

This statement relates to the public inquiry to be held into the application by West Midlands Passenger Transport Executive (“the Executive”) for:

(i)the above Order under the Transport and Works Act 1992 (“the TWA Order”), and

(ii)a direction as to deemed planning permission for the development for which provision is included in the TWA Order.

This statement set out for the purposes of rule 7(6) of the Transport and Works (Inquiries Procedure) Rules 2004 the matters about which the Secretary of State for Transport particularly wishes to be informed for the purposes of his consideration of these applications. These matters are as follows:

1.The objectivesof the TWA Order in the context of the proposed Centenary Square Extension of the Midland Metro Light Rapid Transit System.

2.The need and justification for renewing the compulsory acquisition powers for the Centenary Square Extension previously conferred by the Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (“the 2005 Order”) and for varying the tramway alignment authorised by the 2005 Order.

3.The alternative alignment optionsin Paradise Circus considered by the Executive.

4.The extent to which the objectives of the TWA Order are consistent with national, regional and local transportation policies, the National Planning Policy Framework and local planning policies.

5.The likely environmental impacts of the constructing and operating revised tramway alignment, including:

  • land use and land take;
  • traffic and transport
  • noise and vibration;
  • air quality and dust;
  • archaeology and cultural heritage;
  • townscape and visual amenity;
  • contaminated land
  • land drainage and water resources; and
  • electromagnetic impacts.

6.The measures proposed by the Executive to mitigate any adverse impacts of the proposals in the TWA Order, including any measures to avoid, reduce or remedy any major or significant adverse environmental impacts of the proposals; and whether any adverse environmental impacts would remain after the proposed mitigation.

7.The adequacy of the Environmental Statement submitted with the application for the TWA Order, having regard to the requirements of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006, and whether the statutory procedural requirements have been complied with.

8.To the extent that objections made by the owners and occupiers of land that would be affected by the proposals in the TWA Order have not been withdrawn, the likely impact of those proposals on the property interests concerned.

9.Whether the tests in in paragraphs 16 to 23 of ODPM Circular 06/2004, which gives guidance on the making of compulsory purchase orders, are satisfied; in particular whether there is a compelling case in the public interest for conferring on the Executive powers compulsorily to acquire and use land for the purposes of the Centenary Square Extension and whether there are likely to be any impediments to the implementation of the powers in the TWA Order.

10.Having regard to section 25 of the TWA, whether the relevant Crown authority has agreed to the compulsory acquisition of interests in, and/or the application of provisions in the TWA Order in relation to, the Crown Land identified in the book of reference.

11.The Executive’s proposals for funding the cost of the Centenary Square Extension.

12.The conditions proposed to be attached to the deemed planning permission for the revised tramway alignment, if given, and in particular whether those conditions satisfy the six tests referred to in Planning Practice Guidance,Use of Conditions (Section ID:21a).

13.The purpose and effect of any substantive changes proposed by the Executive to the TWA Order since the application was made, and whether anyone whose interests are likely to be affected by such changes have been notified.

Notes

It should be noted that, while the above matters appear to the Secretary of State, from the evidence so far available, to be principal ones that need to be addressed,this statement does not preclude the inquiry Inspector from hearing evidence on any other matters that he may consider relevant to the consideration of the application. In addition this statement does not pre-determine the order in which issues are to be addressed at the inquiry, nor does it imply any order of importance.

TWA Orders Unit

Department for Transport

23September 2014