25/12 Lancashire - Government tackles road safety and disadvantage

Lancashire - Government tackles road safety and disadvantage

The Government today announced that it has met its target to reduce
road casualties in disadvantaged areas.

Since the target was set, road casualties in the 88 most deprived
districts in England have fallen by 19 per cent beside a fall of 15 per cent
for England as a whole. The target was introduced in 2002 as part of
the Government's response following research which showed that children
from the poorest communities are up to five times more likely to be
involved in road accidents than some of their better off peers.

Transport Minister Stephen Ladyman said:
"We are committed to making our roads even safer for everyone, no
matter where they live.

These results are testament to the work of local councils up and down
the country who have risen to the challenge of improving safety for
people in disadvantaged communities.

But the risks to people in the most disadvantaged groups are still
high, so there is no room for complacency and we will continue to work to
reduce casualties even further. "

The Department's Neighbourhood Road Safety Initiative has awarded
grants totalling £17m to local authorities over three years to develop and
demonstrate strategies for tackling the special road safety problems in
disadvantaged communities. Examples of funding include:

* Schemes to provide safer places for children to play and to provide
safer access to existing play areas.
* Engineering schemes, for example to improve pedestrian movement and
access through new crossing facilities in deprived areas.

* Education projects such as Our Walk to School, an after school
project for year 5 pupils in one of the most deprives areas of Liverpool,
aims at increasing awareness of road safety issues such as danger
recognition and safer routes to school.
* A Neighbourhood Road Safety Initiative central team for the 15 local
authorities involved, tasked with developing and delivering innovative
collaborative projects across the areas of regeneration and renewal,
marketing and publicity, and education and training.

06/11 report released into the derailment at Oubeck North near Lancaster

RAIB report released into the derailment at Oubeck North near Lancaster
4 November 2005

The Rail Accident Investigation Branch (RAIB) has released its report
today into the derailment of a train at Oubeck North near Lancaster on
4th November 2005.

The full report is available here:
http://www.raib.gov.uk/publications/investigation_reports/reports_2006/report192006.cfm

A summary of the key points from the report is included below

Summary
On Friday 4th November a train travelling on the West Coast Main Line
derailed after running into a landslip at a cutting at Oubeck North. The
trailing wheelset of the leading bogie derailed and the train travelled
a further 1430m before coming to rest in an upright position. There
were no injuries as a result of this derailment but track damage was
sustained.

The immediate cause of the derailment was the train running into
material deposited on the track as a result of the cutting landslip. This
failed due to the volume of water flowing through a concealed field drain
into the slope, which was greater than usual due to the wet period over
the preceding two weeks and excessive rain during the previous day.
The root cause was that the field drain was hidden from view and
therefore the infrastructure owner was unaware of it.

Recommendations
The RAIB has made six recommendations as a result of its investigation.
The primary focus of the recommendations was on modifying existing
drainage arrangements at Oubeck and identifying, prioritising and managing
other cutting slopes prone to risks of earth flow due to drainage from
neighbouring property.

16/08 Darwen compulsory planning decision announced

Darwen compulsory planning decision announced


A letter outlining the decision on compulsory purchase orders being sought in Darwen is attached.


Mrs N J Fox
Blackburn with Darwen Borough Council
Jubilee House
Jubilee Street
Blackburn
Lancashire BB1 1EP

Your Ref: HNS/HS/NJF
Our Ref: HNW/5286/8/112

14 August 2006

Dear Mrs Fox,
HOUSING ACT 1985: SECTION 290
ACQUISITION OF LAND ACT 1981
THE BOROUGH OF BLACKBURN WITH DARWEN FRANKLIN STREET NO. 2/HANNAH STREET/STAR STREET/SUNNYBANK STREET/REDEARTH STREET (DARWEN) COMPULSORY PURCHASE ORDER 2005

1. The report of the Inspector, Richard Ogier BA MRTPI, who held a Public Local Inquiry into the above Order on 14-17 March, 7 and 12 April and 24-25 May 2006, has been considered. A copy of the Inspector's report is enclosed.

2. The Order relates to the The Franklin Street No. 2 (Darwen) Clearance Area, the Hannah Street/Star Street (Darwen) Clearance Areas 1 & 2, the Sunnybank Street (Darwen) Clearance Area and the Redearth Street (Darwen) Clearance Areas 1, 2, 3, 4 and 5, If confirmed, it would authorise the compulsory purchase of 152 dwelling houses, together with added lands, for the purposes of section 290 of the Housing Act 1985.

3. At the opening of the inquiry there were 13 relevant objections outstanding to the Order. The main grounds of objection were that the Council were generally disregarding the wishes of the local community. In particular, it was stated that the house surveys undertaken merited further scrutiny, and many houses were not unfit. The proposed use of the land for an educational academy was considered to be inappropriate on road safety grounds; there was a need for affordable housing close to the town centre. Also, residents had understood that their homes would be repaired; the houses had heritage value. The process of making the Order had not been fair and open, in the opinion of some objectors. Having to move house would put residents in a disadvantageous financial position and seriously affect their human rights.

4. The Inspector's report summarises the submissions made at the Local Inquiry. His findings are at paragraphs 56, 66, 77, 85, 92,101,115,168,179, 241,248,253 and 258 and his conclusions are at paragraphs 264-310 of the report. The Secretary of State notes that the Inspector considered that the merits of the Academy proposal lay outside the remit of the inquiry into the compulsory purchase of the Order lands (paragraph 300 of his report).

5. The Inspector has found that the houses in the clearance areas are unfit, except references 5, 19, 44 and 84, which he found to be not unfit. Overall, he has concluded that there is strong justification for the Order not to be confirmed, on the grounds that there is doubt about the area's 'low demand' status, that the Neighbourhood Renewal Assessment process was flawed, and the case for intervention on housing market renewal grounds is weak. A copy of his conclusions is annexed to this letter.

6. The Inspector has recommended that the Order be not confirmed.

7. Post-inquiry representations, dated 6 June 2006, relating to the Council's advocate, Ms Stockleys' summing up, were received from Mr S P Huggill on behalf of Ms J Wood.

8. The Secretary of State has carefully considered whether the purposes for which this Compulsory Purchase Order were made sufficiently justify interfering with the human rights of the objectors/qualifying persons under section 12(2A) of the Acquisition of Land Act 1981, and she is not satisfied that such interference is justified since, for the reasons given below, she is not satisfied that, on the basis of the Inspector's conclusions, there is a compelling need in the public interest for the land, the subject of the Compulsory Purchase Order, to be compulsorily acquired. In particular she has considered the provisions of Article 8 of, and Article 1 of the First Protocol to, the European Convention on Human Rights. In this respect, and in relation to this CPO, the Secretary of State is not satisfied that a fair balance has been struck between the use of compulsory purchase powers, the relevant Order and the rights of the objectors/qualifying persons.

9. The Secretary of State has given careful consideration to the Inspector's report and the submissions of the parties, including the post-inquiry representations. She accepts the Inspector's findings and agrees with his conclusions. The Secretary of State agrees with the Inspector's view that the Council has not put together a sufficiently strong case for demolition. She also agrees with his reservations about the outcome of the NRA process in particular, and that the Council has not shown that clearance is the most satisfactory course of action for dealing with the conditions in the clearance areas.

10. The Secretary of State recognises the significant problems posed by the older housing stock in East Lancashire, as well as other parts of the North West, and of the urgent need to address them. She notes that this proposed CPO forms part of the Council's strategy to tackle these issues, and is linked to the wider regeneration strategy of the East Lancashire (Elevate) Pathfinder. However, she considers that a convincing case, especially in economic terms, for the acquisition and demolition of the remaining dwellings in the Order area has not been made. It has not, therefore, been demonstrated that there is a compelling case in the public interest for the compulsory acquisition of the Order properties. Overall, she takes the view that clearance action must be fully justified in all circumstances.

11. The Secretary of State has therefore decided to accept the Inspector's recommendation and to not to confirm The Borough Of Blackburn With Darwen Franklin Street No. 2/Hannah Street/Star Street/Sunnybank Street/Redearth Street (Darwen) Compulsory Purchase Order 2005. She would emphasise, however, that this decision relates to this particular proposed Compulsory Purchase Order, and is without prejudice to any future similar proposals elsewhere in the East Lancashire HMR Pathfinder area, which will be assessed on their own merits.

12. I return the sealed order and the map.

13. Copies of this letter and the Inspector's report are being sent to qualifying persons who made remaining objections and appeared or were represented at the Local Inquiry. Copies of the letter are also being sent to other persons who made submissions at the Local Inquiry.

14. It follows from the decision on the Compulsory Purchase Order that the clearance areas no longer exist.

Yours sincerely,

Jo Lappin
Signed by authority of the Secretary of State