CPO 2004 Enquiry - Documents Submitted by Bath & North East Somerset Council

1. Introduction

1.1 This evidence addresses points raised in the evidence submitted by David Cotterill on behalf of Western Power Distribution, Tony Morpeth on behalf of Somerfield Stores Limited and Richard Grigsby on behalf of Avon Valley Cyclery.

2. Proof of evidence of David Cotterill

2.1 At paragraphs 19 and 26 of his evidence, Mr Cotterill sets out Western Power Distribution's ("WPD") minimum operational and legal requirements that it expects CGNU to meet. I confirm that negotiations have taken place with WPD and all of these requirements have been agreed in principle with discussions continuing on the detailed technical specifications required. I understand that an agreement is currently being negotiated to accommodate Western Power Distribution's requirements. I note that at paragraph 32 of his proof of evidence Mr Cotterill confirms that negotiation are "at an  advanced stage" and that it "is hoped that a suitable agreement and undertaking can be signed before the commencement of the inquiry on 17 May 2005".

2.2 At paragraph 31, Mr Cotterill states that there is no need for plots 113 and 115 to be included within the CPO. What is in fact intended is as set out in paragraph 3 of the heads of terms appended to Mr Cotterill's proof of evidence at WPD9- that Western Power Distribution retain freehold ownership of those parts of those plots which are to remain in operational use - and I am authorised to assure this inquiry that CGNU will do nothing which would "put in jeopardy Western Power Distribution's] ability to comply with its licence obligations in providing an electrical supply to central Bath, including the proposed scheme".

3. Proof of evidence of Tony Morpeth

3.1 At paragraph 5.2, Mr Morpeth asserts that Somerfield's dialogue with CGWU has been "short-lived" and "at a very late stage". Possession is available to CGNU under the Landlord and Tenant Act 1954 and discussions have taken place with Somerfield in that connection since January 2002.

4. Proof of evidence of Richard Grigsby of Avon Valley Cyclery

4.1 A meeting was held with representatives of Avon Valley Cyclery on 28 April 2005 at which AVC's concerns were discussed and I hope alleviated by a detailed explanation by CGNU's representatives of the way in which development is envisaged to take place and operational arrangements with regard to their proposed replacement facility. A letter was written following the meeting by Matthew Bodley of Drivers Jonas, on behalf of CGNU, on 4 May 2005. A copy of the letter forms appendix 1 and AVC's response is awaited.