Highways

Highways Act 1980HIGHWAYS ACT 1980-3.40158152.149261LD2 3DNThe City and County of Cardiff2010-02-182009-12-302009-02-122009-12-312009-04-02-3.18267951.488786CF10 3NQ-3.75416153.307488LL28 4ULThe County Borough of ConwyThe County of Powys-3.44219452.214210LD1 6LH-3.37301452.237800LD1 5LGTSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk1009381

Welsh Assembly Government

THE WELSH MINISTERS

THE CARDIFF TO GLAN CONWY TRUNK ROAD (A470) CWM-BACH TO NEWBRIDGE-ON-WYE

ENVIRONMENTAL IMPACT DECISION BY THE WELSH MINISTERS UNDER PART VA OF THE HIGHWAYS ACT 1980

AND

CONSERVATION (NATURAL HABITATS &C.) REGULATIONS 1994

REGULATION 48: ASSESSMENT OF IMPLICATIONS FOR EUROPEAN SITES

AN APPROPRIATE ASSESSMENT OF THE EFFECTS OF THE PROJECT ON:

THE RIVER WYE AND TRIBUTARIES SPECIAL AREA OF CONSERVATION (SAC)

The Welsh Ministers have decided to proceed with the above project for constructing or improving a highway, for which they are the highway authority.

The project is a new highway scheme with an overall length of 5.7km starting approximately 2km north west of Builth Wells and tying in with the existing A470 just south of Newbridge-on-Wye.

The road will have a carriageway width of 7.3m with verge widths of generally 3.5m made up of a 1m hard strip and 2.5m grass verge.

From its southern tie-in point the scheme runs in a north-westerly direction, leaving the line of the existing A470 (T) in the vicinity of the access to the ‘Young Peoples Village’ at Court Farm, used during the Royal Welsh Show.

The route travels on embankment on the western side of the existing A470 (T) to Builth Road, where it intersects with Builth Road at a new T junction. It then runs through a short section of exposed rock cutting before crossing over the Dulas Brook and Heart of Wales Railway on a new bridge. It then turns and follows a more northerly direction travelling in cutting through the promontory known as Cefn y Coed before running onto a major embankment alongside and east of the property known as ‘Red House’.

North of Red House, the scheme crosses over the existing A470 on a new bridge, continuing northwards on the eastern side of the existing A470 for the remainder of the scheme length. The scheme crosses the River Ithon on a new clear span bridge east of the existing Pont-ar-Ithon Bridge, travelling northwards across the floodplain on embankment before linking into the existing A470 at the southern limit of Newbridge-on-Wye.

The scheme includes 5 T junctions which would link with the county road network in addition to 3 private means of access that link directly with the scheme.

Street lighting is not proposed for the scheme with the exception of two short lengths. The first is at the southern tie in, this will link with existing lighting between the showground at Llanelwedd and Court Farm, home to the ‘Young Peoples Village’ during the Royal Welsh Show. This lighting is operational for a one week period only during the Royal Welsh Show. The second section of lighting extends from Newbridge-on-Wye to approximately 200m south of the tie in and coincides with the extended 30 mph section from the tie-in point at Newbridge-on-Wye.

The scheme is located within an area of high landscape quality (as defined in the Powys Unitary Development Plan (UDP)) with a number of statutory and non-statutory environmental designations and constraints which include:

• River Wye and Tributaries SAC • River Wye Site of Special Scientific Interest (SSSI)
• River Ithon SSSI • Dulas Brook SSSI
• Aberithon and Bedw Tributaries SSSI • Neuadd and Tyelo Mires SSSI
• Gwernyfed-fach Quarry SSSI • Cors Y Llyn SSSI
• Cors Y Llyn National Nature Reserve (NNR)

Areas of woodland, a number of listed buildings; a scheduled ancient monument (Cwrt Llechryd); public footpaths,bridleways and the Lon Las Cycle Way (National Cycleway Network Route No 8) are also located within the scheme area.

The scheme has the potential to have an adverse effect on the SAC and SSSIs and notable species of conservation value. The scheme also has the potential to have an adverse effect on a high quality landscape and several features of archaeological and historic interest. The scheme would result in the loss of Grade 3b (moderate quality) agricultural land and would encroach upon the indicative floodplain of the River Ithon.

It was determined by the Welsh Ministers that the project is a relevant project within Annex II to Council Directive 85/337/EEC (“the Directive”) as amended by Council Directive 97/11/EC and it was made subject to an environmental impact assessment in accordance with the Directive.

In accordance with the above determination an Environmental Statement (ES) was prepared and identified the key environmental issues associated with the project. The ES also details the mitigation measures that are to be adopted in order to avoid, reduce and if possible, remedy significant adverse effects on the environment.

At the same time a Statement to Inform an Appropriate Assessment (SIAA) on the River Wye and Tributaries SAC was also prepared under Regulation 48 of the Conservation (Natural Habitats &c.) Regulations 1994.

The Assessment considered the project’s implications for the Site in view of the site’s conservation objectives.

The impacts on the SAC qualifying features which are examined include habitat loss and degradation; restrictions on movement or disturbance of species; changes in water quality and hydrology; loss of species foraging habitat, resting sites and species mortality.

The reasons for the designation of the site is due to the presence of the following natural habitat and species types of European Community interest:

• Water courses of plain to montane levels with a Ranunculion fluitantis and Callitricho-Batrachion vegetation;
• Transition mires and quaking bogs; • White-clawed (or Atlantic stream) crayfish Austropotamobius pallipes;
• Sea lamprey-Petromyzon marinus; • Brook lamprey-Lampetra planeri;
• River lamprey-Lampetra fluviatilis; • Twaite shad-Alosa fallax;
• Allis shad-Alosa alosa; • Atlantic salmon-Salmo salar;
• Bullhead-Cottus gobio; • Otter-Lutra lutra.

The ES, a non-technical summary of it and the SIAA were published on 12 February 2009 and placed on deposit at the locations listed below until 2 April 2009 and comments were invited.

Responses received to the ES, a non-technical summary of it and the SIAA were considered by the Welsh Ministers following a Public Local Inquiry into the project as a whole before reaching their decision to proceed with the improvement.

Copies of the ES, non technical summary, the SIAA, Inspector’s Report and Welsh Ministers Decision Letter may be inspected during office/opening hours from 30 December 2009 until 18 February 2010 or within 6 weeks of the publication of this notice, whichever period expires later, at the following locations:

TP&G3, Transport and Strategic Regeneration, Welsh Assembly Government, Cathays Park,Cardiff CF10 3NQ

Roads and Projects Division, Transport and Strategic Regeneration, Welsh Assembly Government, Government Buildings, Dinerth Road, Colwyn Bay, Conwy LL28 4UL

Powys County Council Offices, County Hall, Llandrindod Wells, Powys LD1 5LG

Builth Wells Library, 20 High Street, Builth Wells LD2 3DN

Note: Builth Wells Library does not open on a Wednesday

Newbridge-on-Wye Post Office, Newbridge-on-Wye, Llandrindod Wells, Powys LD1 6LH

Any person aggrieved by the decision of the Welsh Ministers to proceed with this improvement for which an ES has been made and desiring to question the validity of that decision, on the ground:

a. that it is not within the powers of the Highways Act 1980, or

b. that any requirement of that Act, or of regulations made thereunder, has not been complied with;

may, within 6 weeks from the date of publication of this Notice, apply to the High Court for the suspension or quashing of the decision to proceed.

A copy of the Welsh Ministers decision can be viewed at http://wales.gov.uk/topics/transport/roads/lettersreports/?lang=en

M D Burnell

Transport Planning and Governance Division

A COPY OF THIS NOTICE IN LARGER PRINT CAN BE OBTAINED FROM TPG3, TRANSPORT AND STRATEGIC REGENERATION, WELSH ASSEMBLY GOVERNMENT, CATHAYS PARK, CARDIFF CF10 3NQ.