statement of case land at 17 brentmead place, barnet …bailey.persona-pi.com/public-inquiries/brent...

STATEMENT OF CASE

LAND AT 17‐19 BRENTMEAD PLACE, BARNET

CPO PLOT Nos 236, 236a, and 237

Client: Kingsley Way Charitable Trust

STATEMENT OF CASE

LAND AT 17‐19 BRENTMEAD PLACE, BARNET CPO PLOT Nos 236, 236a, and 237

Client: Kingsley Way Charitable Trust

i‐Transport LLP 4 Lombard Street London EC3V 9HD Tel: 020 7190 2820 Fax: 020 7190 2821 www.i‐transport.co.uk i‐Transport Ref: NM/ITL11434‐001a R

Date: 8 April 2016

COPYRIGHT The contents of this document must not be copied or reproduced in whole or in part without the written consent of i‐Transport LLP

Ref: NM/IT11434‐001a R Date: 8 April 2016

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Ref: NM/IT11434‐001a R Date: 8 April 2016

CONTENTS

SECTION 1 INTRODUCTION ............................................................................. 1

SECTION 2 SITE BACKGROUND ........................................................................ 2

SECTION 3 KWCT LAND & CPO ........................................................................ 6

SECTION 4 REASONS FOR OBJECTIONS ......................................................... 10

Land at 17‐19 Brentmead Place, Barnet,

CPO Plot Nos 236, 236a, and 237 Statement of Case

Ref: NM/ITL11434‐001a R Date: 8 April 2016 Page 1

SECTION 1 INTRODUCTION

Introduction

1.1.1 This objection is made against the Compulsory Purchase Order (CPO) made by the

London Borough of Barnet (LBB) under the LBB (Brent Cross Cricklewood) CPO (No. 1)

2015 as part of the Town and Country Planning Act 1990 and the Acquisition of Land

Act 1981 on land at 17‐19 Brentmead Place, Barnet. This relates to CPO Plot Nos 236,

236a, and 237.

1.1.2 The CPO is accompanied by a Statement of Reasons which establishes within

paragraph 10.2.1 that:

“A general purpose yard next to the A406 in the vicinity of Brentfield Gardens is required for junction improvements”.

1.1.3 It is understood that these improvements relate to the works set out in paragraph

5.6.7.5 of the same document, which are:

“…required to the A406 North Circular Road where the westbound exit directly to the Tilling Road/Brentfield Terrace (sic) will be removed”.

1.1.4 The land at 17‐19 Brentmead Place is owned by the Kingsley Way Charitable Trust

(KWCT) who has commissioned i‐Transport LLP to support their objection to the CPO

on transport and highways grounds.

1.1.5 This Statement of Case establishes, within the following sections, the background to

the site in relation to the Brent Cross Cricklewood (BXC) development aspirations, the

need for the KWCT land, and the Reasons for refusing the CPO which are to be

explored further at a Public Inquiry and puts forward the principles of our client’s case

under the headings of Site Background, KWCT Land and CPO, and Reasons for

Objections.




SECTION 2 SITE BACKGROUND

Site Description

2.1.1 The site is located to the east of the grade separated junction of the A41 Brent Cross

Flyover / A406 North Circular Road in LBB. Its northeast boundary is to the

embankment to the London Underground Ltd (LUL) Northern Line tracks, its southeast

boundary is to Oakfield Court, its southwest boundary is to an electricity substation

and off‐slip from the A406 to Tilling Road, and its northwest boundary is to Brentmead

Place (the A406 off‐slip to the A41).

2.1.2 The site is currently used as a storage yard, with a number of hoardings on its

southwest and northwest boundaries. Gated vehicular access is taken the site’s

western boundary to the off‐slip from the A406 to Tilling Road. No dropped kerb is

present.

2.1.3 The site historically accommodated housing (now demolished), and as such is

considered suitable for residential development in the future. It is considered that any

substantial reduction in the size of the site to accommodate a widening of the A406

off‐slip in the form of new carriageway and supporting structure (as a result of the

CPO) may effectively sterilise the site for future residential development.

Existing Highway Alignment

A406 North Circular Road / Brentmead Place

2.2.1 The A406 North Circular Road at the site’s northwest boundary is a three lane dual

carriageway subject to a mandatory 40mph speed limit. Footways are present on both

sides of the dual carriageway. The site’s boundary consists of Brentmead Place, the

westbound off‐slip from the A406, via a diverge lane leading towards the mid‐level

junction with the A41. At the site’s northern end, the A406 and Brentmead Place are

at the same grade; at the site’s central boundary the off‐slip commences an uphill

gradient towards the A41 junction.




2.2.2 Brentmead Place is circa 7.5m wide, proving two southbound lanes. Adjacent to the

site, the nearside lane is signed to Brent Cross (via the left turn towards Tilling Road)

and the offside lane to the A41 north. Beyond the left turn to Tilling Road (and

therefore beyond the site boundary) the two‐lanes are signed to the A41; the nearside

lane for ahead and left movements to the A41 to the West End and the offside lane

to the A41 North. All motorised vehicular traffic destined for Brent Cross shopping

centre is signed to travel from Brentmead Place to Tilling Road, avoiding the A406/A41

mid‐level junction.

2.2.3 Brentmead Place is a signed cycle route, with those destined for the A406 west and

A41 south signed to travel via the off‐slip towards Tilling Road.

2.2.4 Brentmead Place, the A406 North Circular Road, and the exit lane from Brentmead

Place to Tilling Road are all part of the Transport for London Road Network (TLRN).

Tilling Road / Brentfield Gardens

2.2.5 Tilling Road on the site’s western boundary forms the signed route towards Brent

Cross shopping centre from the A406. No left turn from Tilling Road to Brentfield

Gardens is permitted for motorised vehicles. Tilling Road westbound from the A406

forms the priority route from the A406 westbound. Traffic travelling eastbound from

Tilling Road to Brentfield Gardens forms the minor arm against the westbound flow,

as does westbound traffic from Brentfield Gardens to Tilling Road.

2.2.6 A left turn bypass lane is provided for cyclists only from Brentmead Place towards

Brentfield Gardens at Tilling Road.

2.2.7 Beyond the site, Tilling Road passes below the A406/A41 mid‐level junction towards

Brent Cross Shopping Centre via a grade separated road in the form of Tempelhof

Avenue some 500m to the southwest.

2.2.8 Brentfield Gardens to the west of the site is a two‐way single‐lane carriageway with a

verge and footway on its northern side, providing access to driveways to residential

properties, with a landscaped embankment to the southbound A41 from the mid‐level

junction on its southern side.

2.2.9 Tilling Road to the west of Brentfield Gardens is part of the LBB borough road network,

whilst Brentfield Gardens is part of the TLRN. Both are subject to a 30mph speed limit.




Oakfield Court

2.2.10 The site’s south eastern boundary is to the private drive to the residential property

known as Oakfield Court which is believed to accommodate in the region of 20

residential dwellings plus associated car parking provision. The access road is two‐way

with a single lane width of circa 3.0m requiring a shuttle working arrangement.

A41 Brent Cross Flyover

2.2.11 Beyond the site’s immediate boundary is the A41 Brent Cross Flyover to the

southwest. This is a two‐lane dual carriageway travelling above the mid‐level

A406/A41 junction for strategic routes to the North and Central London to the south.

Consented Brent Cross Cricklewood Access Strategy

2.3.1 Planning Permission Ref No. C/17559/08 (“2010 Permission”) for the comprehensive

redevelopment of BXC was granted in October 2010. A s73 planning permission (Ref

No. F/04687/13) to develop land without complying with conditions attached to the

2010 Permission was granted by LBB on 23 July 2014.

2.3.2 The 2014 Permission granted full planning permission for the creation of new and

improved junctions, known as Gateway Junctions, including the improvements to the

A41/A406 Junction.

2.3.3 The “red line” planning application boundary of the BXC redevelopment proposal

consented in 2014 included the embankment and tracks of the LUL line to the

northeast of the site, and the adopted highway of Tilling Road, Brentfield Gardens,

and Brentmead Place from the start of the off‐slip to Tilling Road southwards to the

mid‐level junction. This land is known as the s73 Permission Land and was to cover

the extent of all off‐site highway works required to support the BXC redevelopment.

2.3.4 The s73 land excluded the land controlled by KWCT and Brentmead Place south of the

off‐slip to Tilling Road.

2.3.5 The s73 enabled the following highway works to be undertaken:

A new direct access to BXC from the mid‐level junction;

Signalisation of the mid level junction;




Construction of two new lanes on the A406 off‐slip at the mid‐level junction

to enable sufficient highway capacity within the junction to accommodate

BXC related vehicular movements; and

Closure of the off‐slip from Brentmead Place to Tilling Road to motorised

vehicles.

2.3.6 In effect, the existing off‐slip from Brentmead Place to Tilling Road will no longer be

required to facilitate vehicular access to BXC (via Templehof Avenue) as a result of the

new BXC direct access from the mid‐level junction and associated capacity

improvements. These plans were approved as part of the planning consent for the

BXC redevelopment as suitable to mitigate the anticipated impact. They were also

subject to an independent Stage 1 Road Safety Audit which found no material

concerns in relation to the layout, with just the need for additional white lining and

secondary signal heads required at the A406 Brentmead Place junction with the mid‐

level junction.




SECTION 3 KWCT LAND & CPO

Overview

3.1.1 Since the granting of consent for the BXC redevelopment, it is understood that further

detailed highway design work has been undertaken by the applicant in conjunction

with Transport for London (TfL).

3.1.2 As part of this work, it has been proposed that the two new lanes on the A40

Brentmead Place approach to the mid‐level junction be increased in length by circa

50m. This results in the extent of carriageway widening going beyond the limits of the

s73 Permission Land, requiring land within the ownership of KWCT.

3.1.3 In order to allow the two new lanes to approach the mid level junction at an

appropriate gradient, and due to the level difference between the Brentmead Place

highways and KWCT land, an embankment is proposed, also on the land within KWCT

control.

3.1.4 A planning application was lodged in December 2015 with LBB by agents for BXC (Ref:

15/07836) for the new highway alignment as it falls beyond the extent of the s73

Permission Lands.

3.1.5 This establishes that there is “…the potential for further improvements to the

approved road layout which would provide additional road safety benefits. This

involves the widening of the A406 westbound off‐slip road to improve its alignment

and provide motorists with a greater ability to manoeuvre on the approach to the

new 4 lane configuration at the interface with the A41 Southbound on slip and the

mid‐level roundabout” (paragraph 1.5, Planning Statement, Quod).

3.1.6 The Planning Statement continues, at paragraph 1.7 that “The A41/A406 Junction as

approved in the 2014 Permission continues to provide a workable layout, but

following comments from the highway authorities as part of the technical approval

process the improvements now proposed provide additional road safety benefits.”




3.1.7 Furthermore, at paragraph 3.4, it states that “The approved design of the junction

continues to provide a satisfactory layout within the prevailing constraints.

However, during the technical approval process, it was determined that the

horizontal forward visibility from the A406 Westbound to the start of the slip road

onto the two new A41 (which is presently reduced by the proximity of the railway

overbridge) could be improved by widening the slip road which would enable

lengthening and widening of the traffic lanes at the approach to the stop line. This

would have the benefit of improving the alignment of this diverge and enhance

driver perception of the junction layout ahead.”

3.1.8 Finally, at paragraph 3.6, it states “The proposed widening of the slip road runs

through the northern part of the Brentmead Place site which falls outside of the 2014

Permission redline boundary. The proposed design of this section of highway also

provides a new footway alongside Brentmead Place and a new earthworks slope is

proposed from the back of pavement. The earthworks slope is to be planted with

grass and wildflower meadow.”

3.1.9 Further detail is provided within the Transport Statement produced by AECOM

(60473918‐TP‐RPT‐090 Rev 002) in support of the same planning application. This was

accompanied by an analysis of Personal Injury Collision (PIC) data from TfL. This

demonstrated that the existing alignment and usage of the A406 off‐slip at Brentmead

Place resulted in eight PICs over a three year period, of which seven where classified

as slight in severity and one as serious. Furthermore, of the eight, five were as a result

of rear end shunts, two as a result of side swipes, and one from loss of control.

3.1.10 The report concludes, at page 3.13 that the rear end shunts (with our emphasis added)

“…were due to stopped vehicles or slowing vehicles which may have been due to

vehicles queuing on the slip road, although such queues are not explicitly mentioned

in the various accidents”. On the same page, it is determined that it is (again with our

emphasis added) “reasonable to infer that [the side swipe collisions] may have been

due to queuing on the A406 westbound off slip”.

3.1.11 The conclusion within paragraph 3‐14 at page 3‐15 considers that “As …these issues

are being alleviated or removed form an important element of the scheme (sic), it is

therefore considered that the proposals will have a positive impact upon the

accident issues…”.




3.1.12 Section 4.1 of the same AECOM reports provides the background justification for the

new highway alignment proposals in that “There are several existing substandard

design features from the A406 westbound off‐slip to the A41/A406 mid‐level

junction. The major constraints are the London Underground rail structure and the

A406 underpass retaining wall. During the technical approval process TfL have

specifically requested that in order to provide an improved alignment and provide

motorists with sufficient time to manoeuvre on the approach to the new 4 lane

configuration, the width of the slip road is proposed to be widened… The A406

westbound off slip works have been identified by TfL as required to alleviate safety

issues.”

3.1.13 It is clear from the AECOM report that the new highway design is required to mitigate

an existing highway safety concern, rather than one resulting from the BXC

development proposal. This is confirmed in paragraph 4.2.1 of the report as follows:

“During further design development and TfL’s consideration of the necessary departures from the Standards which were required at this location to fit the necessary improvements within the prevailing physical constraints, TfL considered it was an opportunity to improve an existing sub‐standard situation which was caused by the proximity of the railway overbridge prior to the Westbound off‐slip.

During further detailed design discussions with TfL, relating to the A406 Westbound approach to the off slip and its approach to the A41, it became apparent that if additional land could be acquired then the constraint imposed by the railway overbridge could be mitigated by widening the off slip. By widening the off slip the safety of operation of the road at this location could be significantly improved.

Therefore it was considered by TfL to be necessary to expand the width of the off‐slip at this junction to accommodate the necessary detailed design changes that they then required in order to provide their Technical Approval of the highway design at this location.

…In summary, the alterations to the design at this location relate to widening the A406 Westbound offslip to the A41 in order to mitigate an existing substandard geometric arrangement on the A406 diverge, and to further improve visibility and weaving space for motorists where this off slip approaches the junction with the A41.”




3.1.14 Within Section 5 of the AECOM report, it establishes that the impact of proposed

change is to provide additional resilience within the mid‐level junction by providing

additional queueing capacity whilst also providing an enhanced forward visibility to

the stop lines of 120m. It will also remove the existing vehicular access to the KWCT

land from the off‐slip to Tilling Road.

3.1.15 Therefore, to provide the supposed highway improvements, the planning application

is to provide a wider A406 off‐slip at Brentmead Place requiring a small amount of

frontage from the KWCT land to physically deliver the new highway alignment, whilst

a much larger area of land, up to 40% of the KWCT land, is further required to support

the new highway alignment in the form of an embankment.

3.1.16 It is understood that the CPO of the whole of KWCT land is therefore being made in

order to deliver the planned highway improvement requirements on the assumption

that planning consent for the works will be granted.




SECTION 4 REASONS FOR OBJECTIONS

Overview

4.1.1 Based on KWCT’s understanding of the CPO, there are three objections to the need

for and extent of the CPO on their land at Brentmead Place. In summary, these are as

follows, and detailed further in this section:

1. The Proposed Scheme for which the CPO is required, is unnecessary to make the BXC

development acceptable in planning and highways terms;

2. The CPO is not supported by an analysis of what alternatives may be possible to meet

the new requirements of TfL to mitigate existing highway issues without the need for

the land within KWCT’s ownership, or utilising a smaller area of the KWCT land; and

3. The CPO is excessive in its size based on the land required to meet the requirements

of the new Proposed highways scheme or suitable alternatives.

Reason 1 – CPO is Unnecessary

4.2.1 The case will be made that the CPO to implement the Proposed Scheme is

unnecessary to ensure that the BXC development is acceptable in planning and

highways terms for the following reasons:

The approved highway improvements covered by the s73 application land are

acknowledged to provide a workable , safe and satisfactory layout within the

prevailing constraints;

Few PICs are recorded in the existing situation given the volume of traffic in

the vicinity, and those that are present are generally slight in nature with no

material evidence as to their cause being as a result of the existing highway

alignment. The actual accident rate will be compared to typical accident rates

at this form of junction;

No evidence has been adduced to demonstrate the level of highway safety

improvements generated by the Proposed Scheme compared to the

Consented Scheme; and




The Proposed Scheme is purported to alleviate existing highway safety

concerns, but the adopted and emerging LBB Local Plans do not make any

reference to the need for highway improvements in this location.

Reason 2 – Analysis of Alternatives

4.3.1 Objection 2 relates to the fact that there is no evidence that alternative schemes were

considered to minimise the impact of the CPO on KWCT’s land holding.

4.3.2 It is purported that the CPO is required to deliver the highway improvement scheme

identified in the planning application currently being considered by LBB which itself is

proposed to meet the emerging new requirements of TfL. However, the following

alternatives do not appear to have been reviewed and should be investigated further:

Whether a highway layout can be designed to meet the new requirements of

TfL within either the existing adopted highway and/or that land contained

within the s73 consent; and

Whether the Proposed Scheme provides the optimum design to meet the new

requirements of TfL or whether alternative engineering solutions (including

the use of retaining structures as opposed to an embankment) could reduce

the amount of KWCT land required to deliver the Proposed Scheme.

Reason 3 – CPO is Excessive in Size

4.4.1 Should Reasons 1 and 2 not be accepted then the extent of the CPO land should be

re‐ assessed.

4.4.2 The CPO covers the entire site at 17‐19 Brentmead Place which is within the

ownership of KWCT. However, the Proposed Scheme, even assuming the

embankment is retained, only requires circa 40% of the land covered by the CPO.

Therefore, the extent of the CPO on the KWCT land should consider the following:

The actual extent of land required to deliver the Proposed Scheme;

The extent of land that may be required to deliver any alternative identified

within the assessment within Reason 2; and




The requirement to ensure KWCT is left with sufficient residual land (if this is

not required as part of the CPO or can be reduced by way of an alternative

engineering solution) to deliver their redevelopment aspirations on the land

in conjunction with any historical vehicular access rights from the land to the

highway.

Grove House, Lutyens CloseChineham Court, BasingstokeHampshire RG24 8AGT 01256 338 640 F 01256 338 644

Centurion House129 DeansgateManchester M3 3WRT 0161 830 2172 F 0161 830 2173

E [email protected] W www.i-transport.co.uk

4 Lombard StreetLondonEC3V 9HDT 020 7190 2820 F 020 7190 2821

statement of case land at 17 brentmead place, barnet …bailey.persona-pi.com/public-inquiries/brent...

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