Council blasted for failing to alert Highways to Rec plans

Council bosses have come under fire for opting not to consult a government agency in the early stages of Bath Rugby Club’s plans for a new stadium.

A freedom of information (FOI) request shows it was only when residents raised concerns with Highways England that the agency realised it had not been contacted.

It said Bath and North East Somerset Council had acted beyond its authority and “favourably decided” there would not be a significant impact on the roads.

Council officers had concluded they did not need to consult the body at this early stage but said it would be contacted when the application was submitted.

The rugby club, through Stadium for Bath, is drawing up plans for a new stadium at the Rec with a 550space car park underneath that it says would “reduce cross-city traffic and congestion throughout Bath’s historic core”.

But critic Evan Rudowski said there was no evidence for that claim and the council had “blindly accepted” the developer’s assertions.

Correspondence released through his FOI request confirms that Highways England was unaware it had not been consulted after concerns were raised by residents.

Asked why that was the case, a council planning consultant said: “It was considered the net increase in traffic arising would not be significant and would result in a material change to or adverse impact on the safety of, or queuing on, the strategic road network.”

A Highways England officer branded that conclusion “premature” as no details on traffic levels and movement had been submitted, and said the council had acted beyond its authority when it “favourably decided” there would not be a significant traffic impact.

The officer said: “The council’s decision not to consult Highways England pre-determines – but without any evidence – that traffic volumes (cars, coaches and delivery vehicles) relating to a major development proposal with regional impact is not an important consideration.

“I am pleased that Highways England is at last involved in the pre-application consultations on a scheme that will have a major impact on traffic in Bath.”

The officer said Highways England, a statutory body, needed to be consulted because the stadium proposals were “likely to result in an adverse impact on the safety of, or queuing on, trunk roads”.

When it asked for the scoping opinion, Stadium for Bath said the transport impacts of the development would be assessed “comprehensively”.

Mr Rudowski said: “Given that traffic, congestion and resulting air quality issues are a major consideration for Bath it’s remarkable that the council chose to exclude one of the government agencies most concerned with these critical matters. As a result of this episode the council can now expect much greater scrutiny – not only from members of the community, but from the government agencies with whom they have broken trust.

“If the council ultimately rules favourably concerning the stadium application, this initial action seemingly increases the likelihood that the decision will get called in by central Government.”

He added: “One would imagine that the stadium developers must equally be unhappy to learn that the council, as a result of its own actions, has sown distrust of the process and invited greater independent scrutiny and risk of further delay.”

Mr Rudowski said he supports a new stadium for Bath Rugby on the Rec but opposes a car park due to the “likely negative impacts” on air quality, congestion, and the loss of historic green space, or the construction of an “excessively high” building that obstructs historic views.

The council declined to comment but provided “background information” that said the purpose of the scoping opinion was to “agree the range of topics to be covered in an environmental impact assessment and the methodologies for the relevant topics”.

It is not a judgement of the planning merits of a development, which will be considered when a planning application is submitted.

Council officers considered the government guidelines and concluded that it was not necessary to consult Highways England at this stage, but it would be consulted when the application was filed.

The scoping opinion refers to Bath’s clean air zone, the World Heritage Site, drainage, and flooding. There are responses from the Environment Agency, Historic England, Sport England and the Canal and River Trust. Natural England and the Gardens Trust were also contacted but did not respond.

A spokesperson for Stadium for Bath said: “Stadium for Bath does not currently have a planning application lodged with B&NES Council. In regards to the FOI request, this is a subject for the council and Highways England to address. The future planning application will be accompanied by a full transport assessment which will be subject to full scrutiny at that time.

“We will continue to liaise with the council and all parties as the project progresses.”

Highways England’s planning and development manager for the South West, Rachel Sandy, said: “Our primary consideration is the continued safe operation of the strategic road network, namely the M4, A46 and A36. We will make our recommendations once a planning application has been submitted.”

I am pleased Highways England is at last involved in... a scheme that will have a major impact on traffic in Bath Highways Agency officer