1. This document sets out the
Council's response to representations made to the Inspector by the
Springs Foundation by email dated 23 May 2005.
2. The Inspector and Secretary of
State will be aware that the relevant test in Circular 02/03,
paragraph 19, is whether the scheme the subject of the CPO “is
unlikely to be blocked by any impediments to implementation”. The
Springs Foundation’s representation, quite properly, concludes that
any risks, however small, to the thermal water associated with the
scheme must be addressed under the County of Avon Act 1982 before
the Scheme can proceed.
3. That is correct, and is
reflected in the Inquiry Note (BNES/12/3). However, the
Springs Foundation does not suggest that BNES/12/3 is factually
incorrect. It has never been the Council’s view (or that of
CGNU) that no risk to the Hot Springs exists, rather that the
Method Statements should take a precautionary approach to the
issue. That has been done (see BNES/12/3, paragraphs
8-9).
4. As BNES12/3 indicates, having
regard to the amount of work already carried out, and its review by
an independent consultant and the EA, the Council’s view is that
County of Avon Act consents will not, once all the technical work
has been accomplished, prove to be impediments to the
implementation of the Scheme.
5. The Council notes that the
Springs Foundation does not present any evidence that there is a
likelihood that the County of Avon Act consents required will be
refused once the detailed Method Statement work has been done,
which, it will be remembered, has not yet been carried out for the
Scheme north of Dorchester Street (BNES/12/3, paragraphs
19-21).
6. The conclusion of BNES/12/3, at
paragraph 23, is therefore correct.
24 May 2005
