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ROADS (SCOTLAND) ACT 1984; ACQUISITION OF LAND (AUTHORISATION PROCEDURE)(SCOTLAND) ACT 1947
M74 SPECIAL ROAD (FULLARTON ROAD TO WEST OF KINGSTON BRIDGE) ORDERS
REPORT OF PUBLIC LOCAL INQUIRY INTO OBJECTIONS
VOLUME 1 : MAIN REPORT

PART 3 : STATUTORY OBJECTIONS

CHAPTER 9 : OBJECTIONS TO THE COMPULSORY PURCHASE ORDER

Introduction

9.1 The proposed compulsory purchase order embraces virtually all of the land that would be occupied by the proposed motorway extension and associated works. A small part of the route is omitted from the order, notably a parcel of derelict land to the east of Farmeloan Road and a small area close to the Fullarton Road junction.

9.2 The land where acquisition is intended comprises around 200 separate plots, though some form contiguous clusters within a single ownership. These are most conveniently seen on a series of 14 maps (reference 2NEA/13/10, dated March 2003), where the land and servitudes to be acquired are shown in colour on the topographical base, together with all plot boundaries and plot numbers.

9.3 Formal statutory objections to the order were lodged by or on behalf of 42 objectors. Continuing negotiations between the acquiring authority and these objectors has resulted in the withdrawal of a number of these objections. By the close of the inquiry at the beginning of March 2004, the number of objections not withdrawn was 29, affecting some 57 plots of land (see document TRA/V/10). Since the close of the inquiry, and up to the time of completion of this report, further objectors have withdrawn, reducing the number of statutory objections to the compulsory purchase order not withdrawn to 25. Appendix 4 of this report lists those objectors. The table below lists them on a geographical basis, moving from west to east (maps 1 to 12), as that is the arrangement that we have adopted to report on these objections. Maps 13 and 14 are extra maps showing 4 additional plots that are remote from the motorway alignment, where the compulsory acquisition of land or permanent servitudes is proposed.

9.4 For each objector, the table gives the map number and plot number; the general location of the plots; the name of the objector; the extent of the land; and (in some cases) some extra information.

9.5 For each objection, we provide :-

• a short description of the land proposed for compulsory purchase and the activities that were taking place on the land at the time of the public local inquiry;
• a summary of the main arguments put forward against compulsory purchase;
• a summary of the main points of response on behalf of the acquiring authority.

In some cases, objections have been grouped together for reporting because either they relate to the same land, or are close to nearby land where similar considerations apply. Findings of fact relating to these objections are contained in chapter 10 below.

LOCATIONS OF PLOTS WHERE STATUTORY OBJECTIONS MAINTAINED [at 1 July 2004]

Noble Imports Wholesale : Map 1 : Plot 30

Description and background

9.6 This is a 3 storey former industrial building in the southern part of the street block bounded by Paterson Street, Scotland Street, and West Street. The site of Albion Chemicals Ltd (see below) adjoins to the north. The building was originally built as the Scotland Street Engine Works, and is listed as being of special architectural or historic interest, category B (regional importance). There is a photograph of the building following page 158 of volume 1 of the EA. The building was described as partly derelict at the time that the surveys for the Environmental Assessment were carried out. At the close of the public local inquiry (March 2004), the building appeared to be partly occupied as a cash and carry outlet and for car repairs, and partly vacant/derelict.

Summary of case for Noble Imports Wholesale

9.7 The M74C is unnecessary.

Summary of case for the acquiring authority

9.8 The requirement for the completion of the trunk road network around Glasgow had been established in both the planning and transport context. The benefits of the proposed road are fully set out in the TRA evidence ( see parts 1 and 2 of this report).

Albion Chemicals Ltd : Map 1 : Plot 31

Description and background

9.9 The Albion Chemicals site is situated close to the south end of the Kingston Bridge, at the western end of the proposed motorway. This is an area of mixed uses, mainly industrial, storage, and distribution. The site extends to about 7,600 square metres, occupying most of the street block bounded by Paterson Street, Gloucester Street, West Street, and Scotland Street. The company has operated from this locality since its foundation in 1841.

9.10 The site is used for the receipt, storage, blending, re-packaging, and distribution of a wide variety of chemical products, the majority of which are inherently hazardous. Incoming material is brought in by large road tankers and lorries; is stored in a variety of segregated tanks; blended as necessary in mixing installations; stored in a variety of product tanks, drums, and cylinders; and distributed to customers by means of a vehicle fleet based at the premises consisting of road tankers, lorries and vans. The site accommodates numerous specialist storage and processing facilities (approximately 60 bulk storage tanks), administrative offices, and a works canteen, shower and toilet facilities. These are accommodated in the open air, in covered storage, and in a two storey modern office building. The site plan/overview produced by Albion Chemicals (document ACL 7) shows these features.

9.11 The specialist and hazardous nature of the materials that are stored and processed at the site means that the site is required to have various specialist operating licences, including registration under COMAH Tier 1.

Summary of case for Albion Chemicals Ltd

9.12 The company took part in the public inquiry, appearing on 26 January 2004. The main points of argument raised against the compulsory purchase order are as follows.

9.13 The company operates from a series of sites throughout the UK and also in Ireland. The company consolidated its activities in Scotland during the late 1980s and early 1990s, closing several sites. The Glasgow site is now the only company site in Scotland, and serves customers throughout Scotland. The site contains highly specialised equipment. It supplies more than 500 specialist chemical products to some 2000 industrial, utility, and leisure customers, according to customers' specifications and requirements. Albion Chemicals is currently the largest chemical distributor in Scotland, with about 30-50% of the market, and supplying some 1200 tonnes of chemical products each week. To achieve this, the company requires good access to and from the motorway and trunk road network to receive incoming bulk materials (mainly from northern England) and to distribute products to customers.

9.14 The company emphasises the important role that it plays in meeting the specialist needs of customers. It can provide a 24 hour service to customers on a very wide range of products requiring special handling and delivery. This aspect is essential, and is not suited to supply from a distant depot in England. In addition, there are important efficiency and safety benefits from having a dedicated fleet of distribution vehicles, rather than subcontracted arrangements. Albion employs about 50 staff at the site, plus 10 drivers, who have considerable knowledge and experience of this specialist activity, and without whom the company could not operate.

9.15 The company has consistently opposed the M74 extension on various occasions as part of the roads authorisation and planning procedures, including objecting to the Glasgow City Plan. It argues that the adverse effect on the company, employment, and the Scottish economy is such that an alternative route for the motorway should be found.

9.16 The company notes that the structure plan for Glasgow and the Clyde Valley, as well as supporting the principle of the completion of the M74, seeks to promote the local economy, particularly through the expansion of existing firms.

9.17 The local plan, which is intended to apply the strategic guidance contained in the structure plan, contains no exact route for the M74 extension. However the plan recognises that existing industrial areas are the focus for continuing economic activity, where proposals for improvement and modernisation will be supported. The Albion Chemicals site lies within such an area.

9.18 The company submits that it would have great difficulty in replicating the site, together with the specialist facilities, permissions, and operating licences, at another location, and this would be a lengthy process, probably taking about 18 months to 2 years. A new facility would be likely to be twice the area of the current site, to meet current operating requirements, and would probably cost between £8 and £12 million. It would probably be located on the east side of Glasgow, convenient for deliveries from England and distribution to customers in both Glasgow and elsewhere in Scotland.

9.19 Some discussions about relocation have taken place, but nothing has come of them. To achieve a satisfactory and timeous move, it would be necessary to identify and secure a suitable site; have assistance in obtaining the necessary consents; have advance compensation to finance the new development; and construct and commission the new development. There would be only a tight window of opportunity between knowing that the move was necessary (due to confirmation of the compulsory purchase order) and having to vacate the present site for motorway construction to start. Entry to the site might be required by late 2005, but (in the event that the order is confirmed) this should be delayed to allow continuity of the business until a new facility is ready for use. The company should be given priority status, and professional and financial assistance to achieve a fast track move.

9.20 A new facility would require finance to be raised from banks, which if unsuccessful would force the closure of the Glasgow site. Scotland represents an important element (approximately 15%) of the company's chemical distribution business, and includes some large customers who have contracts for Albion to supply destinations all over the UK from their network of depots. The company estimates that the closure of the Scottish depot would mean the loss of about £16 million worth of business. The absence of a Scottish depot could thus have a serious effect on the company as a whole. In addition, it would result in a loss of specialised jobs, and the reduced competition in the Scottish market for special chemicals could reduce overall competitiveness in the Scottish economy. Distribution from northern England would be less efficient, and would increase the amount of hazardous chemicals on that route.

Summary of case for the acquiring authority

9.21 In response to these arguments, it was stated for the acquiring authority that disturbance compensation would be payable by the TRA on the basis of the statutory code for this purpose. The Valuation Office Agency had been employed by the TRA to consider each case on its individual merits. Compensation was not a valid ground for objection to the proposals.

9.22 The requirement for the completion of the trunk road network around Glasgow had been established in both the planning and transport context. The benefits of the proposed road are fully set out in the TRA evidence (see parts 1 and 2 of this report). The local plan Proposals Map shows the new motorway passing across the Albion Chemicals site.

9.23 The TRA has carried out investigations to determine the preferred line of the new motorway, including a robust assessment of various options. The factors that constrain alignment options in this area include :

• The need to achieve satisfactory connections to the M8, with acceptable vertical and horizontal geometry
• The existing SPT subway stations at Shields Road and West Street
• The crossings of the Paisley and City Union rail lines
• The provision of on and off ramps for the M74
• Listed buildings in the area
• The surface street network in the Kingston/Tradeston area.

If the route was to be changed, these factors would present considerable problems.

9.24 Consideration was given to extending the Port Eglinton viaduct to the west to allow Albion Chemicals to remain in operation below the viaduct. However this was found to be unacceptable due to the potentially hazardous nature of the business.

9.25 For these reasons, the TRA is satisfied that the optimum alignment has been selected and the minimum land requirement identified, and that the land included in the CPO is required.

9.26 Subject to the authorisation of the various orders, the projected timetable for the motorway project is :

• August 2004 : Draft tender documents
• Autumn 2004 : Ministers' decision on Orders
• November 2004 : Design and build tenders invited
• May 2005 : tenders considered
• August 2005 : decision on contract : design and mobilisation period follows
• Late 2005/early 2006 : start of works

Some advance works might take place during the second half of 2005, mainly at the eastern end of the scheme.

9.27 A major structure was to be built in the vicinity of the Albion land, so that the TRA wished to have clear access for the contractor as soon as possible. Any delay would have cost implications. The window of opportunity to relocate the business was now less than 2 years, and was becoming critical. The TRA therefore wishes to acquire the Albion Chemicals site by voluntary agreement as soon as possible, to allow work on the relocation of the business to start as soon as possible. The TRA is prepared to take that risk in advance of the outcome of the authorisation process. However, in the event that the relocation had not occurred by the time that the site was required for the contractors, the TRA would be prepared to countenance the cessation of the business without an alternative Scottish location.

9.28 Special arrangements were in hand to provide assistance with the relocation of displaced businesses. A business relocation team had been formed within the two councils, with funds and professional expertise to identify options and carry out feasibility studies. Where council owned land could be used, priority could be given to established firms.

9.29 The TRA accepted that the potential loss of some 50 jobs at the site was a matter for the public interest, as was the contribution of the company in supplying chemicals to numerous business customers in all parts of Scotland. Overall costs were also a matter of public interest, and relocating the business would be likely to be cheaper than extinguishing the business at this site. The TRA considered that the completion of the M74 motorway was a much more important matter than the disturbance or possible loss of these jobs. The proposed motorway would affect a total of about 186 businesses with around 2500 employees, but was expected to achieve major benefits in terms of the economic return on the investment, benefits on local streets, and economic and regeneration benefits amounting to 15,000-20,000 jobs. There was thus a compelling major public interest in the scheme proceeding, which outweighed the hardship that would be caused to the objector.

First Engineering Limited : Map 2 : Plots 40 & 41

Description and background

9.30 Plot 40, extending to 6,837m ², is a triangular area of land on the north east side of West Street, Glasgow, situated in an elevated position between two elevated railway lines. At the time of the inquiry, it appeared to be vacant and neglected but, because of its position, it was difficult to gain a clear view. The plot is on the line of the elevated section of the M74C between the Kingston Bridge and Eglinton Street. Plot 41 relates to a servitude right of pedestrian and vehicular access over 2,017m ² of land at 34 Salkeld Street, Glasgow for constructing and maintaining the elevated structure.

Summary of case for First Engineering Limited

9.31 The objection is based on the importance of plot 40 to the ongoing operations of the objector. The plot, which is leased from Network Rail, is currently the subject of negotiations with a view to the objector buying out the landlord. The plot is the objector's principal stores facility for the whole of Scotland and services the infrastructure maintenance contracts with Network Rail. Sleepers, signalling equipment, large cabling reels and stores for the train protection warning system are among the items stored there and it is vital that there is no diminution in the size of the facility, which while clamped out of use, is nonetheless a rail connected facility. The objector requires to retain the capability of rail use of the site for stabling and maintaining track machines. The servitude right to be acquired under plot 41 will detrimentally impact on the safety and security of the objector's operations in the area. Insufficient technical information has been made available to allow a thorough assessment of the likely impact of the M74C on the objector's operations.

Summary of case for the acquiring authority

9.32 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. There are ongoing discussions with the objector in an effort to reach agreement.

9.33 In this regard, there may be surplus land available to the objector, following the construction of the M74C, from those parts of plot 40 not affected by bridge supports.

9.34 Network Rail has confirmed that plot 40 is not connected to the rail network. While a significant portion of the plot was earlier earmarked as a future station under the Crossrail project promoted by SPT, current plans provide for the construction of the new station under the M74C at this location.

BRB (Residuary) Limited : Map 3 : Plot 76

Description and background

9.35 This plot, extending to 20,912m ², forms part of a much larger, broadly triangular area of land between the WCML on the south west, Pollokshaws Road on the north west, and Cathcart Road on the north east. The plot is level and vacant and the line of the M74C passes directly across it on an embankment.

Summary of case for BRB (Residuary) Limited

9.36 The objection is based on the following grounds: -

1. Plot 76 is part of a larger land holding, the balance of which will be effectively severed by the M74C. There is no access provided under the embankment to be constructed to allow access to the balance of the land holding.
2. Network Rail has a right of access across the plot for maintenance of the WCML.
3. Negotiations regarding the redevelopment of the balance of the land holding between the objector and GCC are well advanced and it would be premature to determine the exact line of the M74C before these negotiations are satisfactorily concluded.
4. Purchase of the plot would materially affect the objector's ability to implement an extant planning permission for retail, leisure, and industrial development of the land holding.

Summary of case for the acquiring authority

9.37 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. The issue of severance is not a competent objection as statutory provisions deal with such issues. In any event, there are ongoing discussions with both the objector and Network Rail on possible access arrangements.

Land Securities Trillium : Map 3 : Plot 73

Description and background

9.38 Plot 73, extending to 3,392m ², is part of the office block known as and forming 159/181 Pollokshaws Road, Glasgow. It lies to the south east of Pollokshaws Road and is on the line of an elevated section of the M74C.

Summary of case for Land Securities Trillium

9.39 The objection is that the tenant - the Department of Work and Pensions - will require to relocate its entire operation in postal district G41, the community it currently serves. It is unlikely that it will be able to acquire a suitable site or building with planning permission in the area in the open market and accordingly may have to displace a higher value use to meet locational and space requirements. The plot represents about one half of the building, all of which is occupied by the tenant as a single entity operation. Relocation would require a similar operation. The objection would be withdrawn if the TRA gave an undertaking that compensation would be based under Rule 5 - equivalent re-instatement - and that the whole building would be acquired.

Summary of case for the acquiring authority

9.40 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. There are ongoing discussions with the objector in an effort to reach agreement. Disturbance compensation is not a competent ground of objection and will be paid in terms of statute. Again, there are statutory provisions to deal with severance compensation when only part of a property is to be acquired. This is not a competent ground of objection and compensation will be paid if circumstances warrant.

Guthrie Scottish Nominees (No.3) Limited : Map 4 : Plots 80 & 81

Description and background

9.41 Plot 80, extending to 31,815m ², is a long rectangular area of land on the north east side of the WCML, running south eastwards from Cathcart Road to properties in Lawmoor Place and Lawmoor Avenue in the Dixon Blazes Industrial Estate. It is understood that the plot was formerly railway land, being a large part of the former Gushetfaulds junction. The land is level and undeveloped and is on the line of the M74C where it runs in a cutting between Cathcart Road and the industrial estate. Plot 81 relates to a servitude right of access for laying down and maintaining drainage apparatus over a 1,684m ² narrow strip of land connecting plot 80 at right angles to Lawmoor Street on the north east. This plot is also level and undeveloped.

Summary of case for the objector

9.42 The objection is that the M74C can be undertaken without the need for these two plots.

Summary of case for the acquiring authority

9.43 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. There are ongoing discussions with the objector in an effort to reach agreement.

Allscot Plastics Limited : Map 4 : Plots 94 & 96

Description and background

9.44 Plot 94, extending to 982m ², accommodates office premises known as and forming 6 Lawmoor Place, Glasgow. The objector is tenant of part of the premises. Plot 96, extending to 2,211m ² and which lies immediately across Lawmoor Place from plot 94, belongs to the objector and is the manufacturing facility for the objector's plastics business. Both are on the line of the M74C.

Summary of case for Allscot Plastics Limited

9.45 The objection is based on the damaging impact the M74C will have on the objector's business, one that has operated for 16 years. Relocation and the attendant upheaval may result in loss of customer base, while the use of hazardous materials might also make the task of finding suitable premises more difficult.

Summary of case for the acquiring authority

9.46 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. Compensation would be payable in terms of statute.

David B Dobie (Accountants) : Map 4 : Plot 94

Description and background

9.47 This plot, extending to 982m ², accommodates office premises known as and forming 6 Lawmoor Place, Glasgow. The objector is tenant of part of the premises. The plot is on the line of the M74C.

Summary of case for David B Dobie (Accountants)

9.48 The objections are to all 3 orders and are that the M74C will have a detrimental impact on the objector's business, particularly through the loss of business and upheaval which would result from relocation brought about by the impact of the M74C on the existing access.

Summary of case for the acquiring authority

9.49 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. There are ongoing discussions with the objector in an effort to reach agreement.

Glasgow Rowing Club : Map 4 : Plots 100-102

Description and background

9.50 Plots 100 and 101, extending to 636m ² and 547m ² respectively, belong to GCC and are leased to the objector. Plot 102 relates to a servitude over 72m ² of the bed of the River Clyde to the north east of Caledonia Road for laying down and maintaining drainage apparatus in connection with the M74C.

Summary of case for Glasgow Rowing Club

9.51 Plot 100 is situated in front of the roller shutter doors of the boathouse and is needed to allow access to both the river for boats and for removing boats from the boathouse to other locations for competitions. Boats are up to 20m long and plot 102 is the site of the steps that lead to the only access to the river. Planning permission has been granted for the extension of these steps and work should be completed in the next few months. Without access to plots 100-102, the club cannot function and would seek severance compensation.

Summary of case for the acquiring authority

9.52 On behalf of the TRA, it is submitted that issues of compensation are not competent grounds of objection to a CPO. Compensation will be paid according to circumstances and the statutory provisions relating to disturbance and severance. There are ongoing discussions with the objector with a view to reaching agreement.

The Polmadie realignment : maps 5 and 6

9.53 At Polmadie Road, the new M74 motorway would have an intermediate 4 way diamond junction. At this point, the WCML passes beneath Polmadie Road, and there are extensive railway facilities on the north side of the railway, immediately to the east of the road bridge. Objectors in this area comprise : Ingram Brothers (Glasgow) Ltd (Plot 103); BOC Ltd (plot 107); Scotbeef Ltd (Plot 110); Mr & Mrs Philip C Smith and Philip C Smith (Commercials) Ltd (plots 119+121); Clearwater DC Ltd (part of plot 119); Shanks Chemical Services (part of plot 119 +121); and H Morris & Co Ltd (plots 123-124, 210-213).

9.54 This group of objections relate to a series of industrial sites which form the greater part of a strip of land about 100-150m wide and about 1100m long to the north of the WCML and the adjacent train maintenance facilities. The latter land was previously occupied by the original Polmadie engine sheds, but has been redeveloped to form a much more modern facility, comprising 5 electrified tracks leading into a maintenance building some 400m in length. The route of the M74 extension approved in 1995, and renewed in 2001, would have passed through the railway land, avoiding most of the objectors' sites, and affecting only the southern third of the BOC site.

9.55 The route of the current motorway proposal has been modified to deflect the route to the north to avoid the railway maintenance site. It now passes through the centre of the BOC site, leaving remaining portions to north and south, and through most or all of the land held by the other objectors.

9.56 For each of these objectors, it is part of their case that the motorway route should revert to the original alignment that would avoid their properties. The TRA has provided evidence as to why the new northern alignment should be preferred. The evidence relating to this issue is reported below, bringing together the relevant submissions from the TRA and from all of the affected objectors. This is followed by separate sections for each objector, where their site specific submissions and the corresponding TRA response are reported.

9.57 The main arguments presented by the objectors as to why the southern alignment through the railway land should be preferred are as follows :

• The currently proposed northern alignment would sever a number of long established businesses.
• The original southern alignment would avoid or reduce the loss of their properties, and the consequential disruption of the various businesses. (Detailed arguments for individual businesses are reported below.)
• The realignment has come about due to representations from rail interests.
• The route of the motorway should remain on the 1995 approved route, which is straight, offering better alignment and gradients, and would be cheaper to construct and safer to operate, as it is adjacent to a motorway junction.
• The 1995 alignment would allow the motorway to pass under, not over Polmadie Road, minimising environmental and visual impact. (see also Logan Street Tenants and Residents Association objection, reported at paragraph 5.13 above.)
• Insufficient justification has been given to support the northward diversion, which would be in conflict with the objective of minimising the effects on properties.
• There is no planning permission for the northern realignment. The Scottish Executive cannot promote a CPO without first demonstrating a planning permission.

9.58 The main information presented by the TRA as to why the current proposal (the northern alignment at Polmadie) should be preferred is as follows :

• A total of 8 different alignment options at Polmadie have been examined, including environmental and engineering assessments. The options are the 1995 scheme and 7 others. All figures relate to the Polmadie section of the route encompassed by these local studies.
• For the 1995 scheme, the engineering costs of relocating the Polmadie railway facilities to the south of the WCML are derived from a study carried out by the Babtie Group (document TRA/N/1), and are estimated to be in the order of £82 million, +/- 30%.
• Following elimination of 3 clearly unsatisfactory options, the 5 remaining options were examined in terms of costs and impacts on jobs and businesses. Information for this purpose was supplied by the Valuation Office Agency and the two local authorities.
• Details of the assessments are contained in document TRA/C/7. This does not explain how the property acquisition costs and job losses have been calculated, but indicates (table 6, page 12) that the original 1995 scheme would be expected to involve property costs in excess of £100m (including relocation of the rail facilities), affecting 1630 jobs.
• The 4 other options examined in detail would involve land costs in the range £24-£33 million, and would affect between 1550 and 1930 jobs.
• The estimated engineering costs for the 1995 scheme are approximately £0.6 million less than the current scheme (excluding the cost of relocating the rail depot).
• The 1995 scheme is estimated to cost about £74 million more than the Option 1 (the current scheme) (engineering and land costs combined) while the other options would cost £2.5-£9 million more than the option 1.
• Option 1 (the current scheme) would be expected to affect 1838 jobs.
• The environmental assessment of the various options (document TRA/F/4) covers the physical and community impacts described in chapter 5 above (property demolition, visual intrusion, noise, air quality, effect on wildlife and green spaces, etc).
• The environmental assessment does not cover impact on jobs or the local economy.
• The assessment concludes that the 1995 alignment is preferable in noise and air quality terms, but performs poorly in all other respects (partly because the railway facilities would probably be relocated to the south of the WCML, occupying additional open space land closer to residential properties in north Toryglen).
• Option 1 has slightly less impact than the other alternative options, when impacts on people and property are combined with effects on the natural environment.
• All aspects of the current proposal for the Polmadie area would comply with motorway design standards for gradient and curvature, taking account of the intended 50mph speed limit that will apply. There is no basis to argue that the 1995 alignment would be safer or more efficient than the current proposal.
• The cost of constructing the northern route has been taken into account in the overall cost assessments.
• If the 1995 alignment is retained, it would be essential to replace the railway maintenance facilities prior to vacating the existing depot. This is now estimated to take at least 6 years, including allowance for parliamentary processes.

9.59 On the basis of these various studies, the TRA has concluded that the 1995 route would be considerably more expensive than any of the alternative options, due to the cost of relocating the railway facilities, while also being more intrusive due to the relocation of the facilities closer to the north Toryglen residential area on land that forms open space/woodland habitat. The current proposed scheme is preferred to the other alternatives because the environmental assessment has shown that it would have the best environmental performance; and because it would be cheaper to build, though it would affect 200 more jobs than the 1995 route and 100-300 more jobs than options 4a and 6. For these reasons, the TRA has concluded that the current option represents the best solution, taking into account the factors assessed.

9.60 In relation to disturbance compensation, the underlying principle is to put the affected parties in the same financial position as if the property had not been acquired. Although the onus for relocation lies solely with the affected businesses, the TRA and the two local authorities have agreed to provide additional voluntary support to affected businesses. Both councils have set up teams to provide business relocation assistance in liaison with Scottish Enterprise (national, Glasgow, and Lanarkshire), to form a centralised business location team that will cover the whole corridor of the new motorway. The team will have a budget of some £900,000 to assist in feasibility studies, and will provide integrated advice on all aspects of public sector business support and property assistance. The team will have access to information on the availability of alternative sites and premises.

Ingram Brothers (Glasgow) Ltd : Map 5 : Plot 103

Description and background

9.61 This plot extends to about 0.46ha, and is situated to the east of Lawmoor Place and Lawmoor Avenue, forming part of the Dixons Blazes Industrial estate. The site comprises a two storey office building, a large single storey shed for the production and storage of specialist ingredients for the baking industry, and a yard with open air storage.

9.62 The route of the motorway would pass directly over plot 103, where the carriageway would be at grade, rising to the east on an embankment, with adjoining slip roads, to pass over Polmadie Road.

Summary of case for Ingram Brothers (Glasgow) Ltd

9.63 Ingram Brothers has been established in Glasgow for more than 100 years. It produces and supplies specialist ingredients for the bakery industry in all parts of the UK. The company moved from premises in Kinning Park to the present site in 1987, since when more than £1.5 million has been invested there. The company is one of the largest employers in the area (approximately 40 employees).

9.64 The basis of the objection is that the need for the M74 extension has not yet been established, and there is therefore no need to acquire the site; and that even if the need for the scheme is established, the acquisition of the premises is not required. An adjustment to the line of the route could be made which would avoid the need to acquire the premises without prejudicing the scheme. The company would be prepared to discuss voluntary acquisition, in order to avoid uncertainty and to relocate the business to a suitable site elsewhere in the city.

Summary of case for the acquiring authority

9.65 In response to the objection, it is stated for the TRA that the need for the M74C scheme has been established, in order to complete the trunk road network around Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. A full and detailed design process has been undertaken, including detailed studies in the Polmadie area, which have shown that the acquisition of this site is necessary.

BOC Ltd : Map 5: Plot 107

Description and background

9.66 BOC Ltd occupies an extensive site (about 9ha) to the west of Polmadie Road immediately north of the WCML. The site is approximately square, extending northwards to Kilbride Street, and west to the Ingram Brothers site (plot 103). Access is from Polmadie Road, where there is an office block fronting onto the road. Most of the site is used for open air storage of oxygen cylinders (full and empty). There is also covered cylinder storage, facilities for filling cylinders, administrative offices, and a large hardstanding for vehicle movements.

9.67 The land that is proposed for compulsory acquisition (approximately 4ha) forms a corridor some 100-150m wide extending east/west through the centre of the BOC site, and an access strip that would run alongside the railway line. The acquisition would take away the main current operational area, including the office block. Parts of the site would remain to the north and south of the motorway. The portion to the south of the new motorway would form a wedge between the motorway and the railway. The access strip alongside the railway would give access to this wedge, and to a building to the west that would remain between the railway line and the new motorway.

Summary of case for BOC Ltd

9.68 In support of the objection, it is stated that the company operates a major specialist LPG storage facility at Polmadie Road. It was established in 1956, and is the company's sole LPG depot in Scotland. The company is a major player in the medical, leisure, and industrial gas sectors in Scotland. Virtually all sectors of industry and society need to use gases in one form or another, so that BOC makes a fundamental contribution to Scotland as a whole, and to the local economy. The Polmadie depot distributes supplies to a network of 8 smaller BOC sites throughout Scotland, and to 30 agents, as well as directly to larger and regular customers. In all, BOC serves about 18,000 customers in Scotland. About 100 staff are employed at the Polmadie site, in skilled and semi-skilled jobs.

9.69 The original route of the M74C through Polmadie would have passed through the southern part of the site. However the revised route severs the site, requiring the demolition of all the principal office and operational buildings, as well as taking up a significant proportion of the external storage area. The company would be unable to continue operations on the much reduced site, as the remaining area would be insufficient to accommodate a bulk LPG storage facility. Even if that were possible, relocating the facilities on the northern part of the site would bring them nearer to residential and education sites to the north of Kilbride Street, requiring a new health and safety assessment.

9.70 The company concludes that the entire BOC facility will have to be relocated to an alternative site. No potential sites of a suitable size and location have been identified in the greater Glasgow area, and any new site would have to meet HSE requirements. The company is aware that the start of motorway construction work is now less than 2 years away. It needs to evaluate options as a matter of urgency, as it will take 2 years to find an appropriate site, secure the necessary consents, and construct, fit out, and commission the new facility. The company and their agent have repeatedly sought clarification of the compensation that would be payable, without which they cannot fully evaluate the options. The absence of a satisfactory response on the issue of whether Rule 5 Compensation would apply to BOC in this case is crucial to the ability of the company to assess options.

9.71 The company recognises the benefits that the M74 extension would bring to individuals and businesses in the Glasgow area, and does not oppose the principle of the new road. The primary ground of objection is that the motorway alignment should revert to the original route through the railway site.

Summary of case for the acquiring authority

9.72 The TRA states that the alignment of the M74 scheme in the vicinity of Polmadie has been subject to a thorough appraisal against a number of criteria. The alignment selected is the optimum, taking into account all the factors assessed.

9.73 Disturbance compensation would be paid on the basis of the Statutory Compensation Code, as assessed by the Valuation Office Agency. Where only part of a property is to be acquired, severance compensation would be assessed as a separate matter. The TRA would wish to explore the possibility of whether the LPG storage facility could be retained on the remaining part of the current site.

Scotbeef Ltd : Map 5 : Plot 110

Description and background

9.74 Scotbeef occupies a site of some 0.4ha used for the production and packaging of meat supplies. The site comprises a large shed used for production and storage; a 2 storey office block; and a large vehicle yard. The land to be acquired (843 square metres) is occupied by a single storey extension of the adjacent two storey office building.

Summary of case for Scotbeef Ltd

9.75 In support of the objection, it is stated for Scotbeef Ltd that although the section of land to be acquired is only part of the premises, the remaining section would be too small to accommodate the company's ongoing operations and business. The company has plans for a major extension of their main production facility on the site in response to customer demand. If it cannot be carried out, Scotbeef is at risk of losing business and existing contracts, with associated job losses. The proposed CPO thus puts at risk the continued viability of Scotbeef at this location. In addition, the proximity of the new road would have a major detrimental effect on the property.

9.76 Scotbeef Ltd note that the only reason that their property would be affected by the M74C is because of the proposed realignment of the Polmadie section of the motorway (see above).

Summary of case for the acquiring authority

9.77 The TRA has explained why it wishes to build the motorway along the northern alignment at Polmadie (see above).

9.78 Disturbance compensation would be paid on the basis of the Statutory Compensation Code, as assessed by the Valuation Office Agency. The procedures being followed are in line with the statutory provisions for a trunk road. Draft orders for the construction of the new road were promoted at the same time as the CPO, and were open to objection. If the orders are confirmed, no further planning procedures are required.

9.79 With regard to the proximity of the roadworks to the Scotbeef property, the works would be carried out in such a manner as to minimise any adverse effects. The presence of the new road would not have any significant impact on the Scotbeef operation.

9.80 The cost of construction along the revised route has been taken into account in the comparison of options.

9.81 The TRA notes that the acquisition of plot 110 is required to accommodate a drainage detention pond. If Scotbeef were to demonstrate that acquisition of this plot would put the viability of the business at risk, it may be possible to modify the design to allow the pond to be moved slightly to the north (Reporters' note : this should be south) to avoid impinging on the plot.

Mr & Mrs Philip C Smith; Philip C Smith (Commercials) Ltd : Map 6 : Plots 119+121; Clearwater DC Ltd : part of plot 119; Shanks Chemical Services : part of plot 119 + plot 121.

Description and background

9.82 These contiguous plots are located to the north of the Polmadie railway depot, taking access from Polmadie Avenue. Philip C Smith (Commercials) Ltd are the owners of plot 119, while Mr and Mrs Philip C Smith are owners of plot 121. The total area of the two plots is about 1.8ha, and total acquisition is proposed. Philip C Smith (Commercials) Ltd are occupants of part of plot 121 (see below).

9.83 Different parts of the land are occupied by Philip C Smith (Commercials) Ltd, Clearwater DC Ltd, Shanks Chemical Services (trading as Shanks Waste Solutions), and Jobmaster Cleaning (Polmadie) Ltd (who are tenants but not an objector).

9.84 A small part of plot 121 is occupied by Philip C Smith (Commercials) Ltd for open air vehicle storage. At the time of the formal accompanied site inspection during the inquiry, these vehicles were mainly elderly and dilapidated plant hire vehicles, such as drain cleaning and refuse collection vehicles, forming part of a fleet of such vehicles available for hire from Philip C Smith (Commercials) Ltd.

9.85 Most of plot 121 and about one third of plot 119 is occupied by Shanks Chemical Services for the receipt and disposal of a variety of chemical waste products. The facilities include open air and covered storage of chemical products and wastes; some processing and repackaging installations; and office premises for the administration of the business. The central third of plot 119 is occupied by Clearwater DC Ltd, who receive liquid wastes for disposal. Some of these are cleaned up and put into a sewer on the site, while others are despatched elsewhere for specialist disposal. Finally, the western third of plot 119 is occupied by Jobmaster Cleaning (Polmadie) Ltd. This comprises a large shed within which commercial vehicle liquid tankers are cleaned out prior to re-use.

9.86 Apart from the disposal of liquid waste down the sewer, all materials processed at these sites arrive and depart by road. At the time of the site inspection, there appeared to be little functional interaction between the various businesses, although they are all involved in the cleaning up and disposal of liquid wastes. But Jobmaster Cleaning (Polmadie) Ltd could provide vehicle cleaning services for road tankers and other vehicles that have visited the other 3 sites.

Summaries of case for the objectors

9.87 The main points put forward in support of these objections were :

• The acquisition of this land is not necessary to carry out the scheme which was granted planning permission in 1995, subsequently renewed in 2000/2001.
• Some of these objectors do not oppose the principle of the new road, but the alignment should revert to the 1995 route.
• The deviation from the approved line now proposed, which would pass through the objectors' land, was adopted by the Scottish Executive and the local authorities without any proper investigation, discussion, or consideration, and is now regarded by them as final. This was a secretive, improper, and unlawful process.
• The decision was made prior to any consideration of the activities carried on at the objectors' sites, and the implications of seeking to relocate them, including costs.
• There have been no discussions of these matters between the TRA and these objectors, unlike other objectors nearby. The TRA has acknowledged that it had no knowledge of the activities at these sites when the decision to re-route the motorway was made.
• There had been no TRA check on the valuation roll to ascertain property interests.
• The Polmadie waste disposal sites, and their activities, are not mentioned in the Environmental Statement produced for the TRA, nor in any of the TRA inquiry documents. These omissions have led to a flawed conclusion in the ES, which cannot be remedied without further investigation.
• The assessment of loss of jobs by the TRA is inaccurate, being based on incomplete information.
• The valuation of the sites for the assessment of options at Polmadie appears to have been based on historical costs, which is taken to mean recorded purchase prices.
• The assessment of the comparative costs of the options is flawed, being based on incomplete information.
• The uses at the sites are highly specialised, and of major national environmental importance. They bring together several licensed operators on the same site, almost uniquely suitable for the purpose.
• The sites have Waste Management Licences and a Discharge Consent from SEPA; and a Trade Effluent Discharge Consent from WoSWA.
• The site has a direct pipeline to the Greengairs waste disposal site. (Reporters' note : This could not be confirmed during the site inspection, and appears to be incorrect.)
• The specialist installations on the sites have cost £4-5 million.
• The objectors estimate that the total cost of relocating or replacing the existing facilities would be in the order of £28 million, including land purchase.
• There are only 2 other similar facilities in Scotland : a small chemical facility in Paisley, and a facility in Aberdeen dealing solely with oil industry waste.
• It would not be in the national interest to attempt to disperse these activities to different sites elsewhere.
• It would be virtually impossible to find sites that are as well located, and there would be considerable difficulty and protest.
• Finding a suitable alternative site is inhibited by limitations of sewerage capacity in North and South Lanarkshire, and flooding problems in the east of Glasgow. The west and south of Glasgow are areas of dense residential development with limited industrial opportunities.
• There would be a double negative environmental impact, due to the closure of the present site and the impact of the activities in the new location.
• Some international business would be lost.
• There would be a direct impact on some 68 jobs at the site, having an adverse effect on the local economy.
• Although the relocation of the rail facility might delay the motorway project by up to 4-6 years, a similar delay could result from the need to relocate the waste disposal facilities, taking account of the need to find a site; gain all the necessary consents; and design, build, and commission the new facilities.
• There should be full, proper, and open consultation, investigation, discussion, and consideration of these matters before any decision is made.
• There are errors in the details of the description of the extent of the various ownerships and tenancies.
• The objectors believe that the 1995 route at Polmadie should be preferred to the current proposal, when all of the costs, environmental, and economic implications of the two options are taken into account.

Summary of case for the acquiring authority

9.88 The main points made by the TRA in response to these objections are as follows :

• The TRA has explained the reasons why the northern alignment is now preferred to the 1995 alignment through the railway land (see paragraphs 9.58-9.59 above).
• Disturbance compensation will be payable on the basis of the Statutory Compensation Code. The Valuation Office Agency will consider each case on its merits.
• Estimates of the total compensation that would be payable for the proposed scheme and various local alternative options were provided by the Valuation Office Agency during 2002.
• As is usual in such cases, to avoid causing concern, no contact was made with the potential claimants. Instead, based on standard professional practice, estimates were based on records held by the agency and from other sources, but without inspections of the land and property or information from the businesses concerned.
• These estimates assumed that as most of the businesses were manufacturers or wholesalers, that the vast majority would relocate, and that disturbance costs would include removal costs, loss or adaptation of fittings, and temporary loss of profits.
• The underlying principle of compensation is that affected parties should be in the same financial position as if the property had not been acquired.
• It is up to the affected parties to use compensation to locate and move to a suitable alternative property. In addition, other funds such as Regional Selective Assistance may be available to assist with business relocation.
• The environmental impact of relocating displaced businesses is not assessed at this stage, as this is an issue for consideration once relocation sites have been identified.
• SEPA has stated that the agency does not entirely agree with the assertion that the activities undertaken at these sites are of national importance. The fundamental aspect of handling special waste is able to be carried out at a number of alternative locations. The agency notes that Clearwater DC Ltd has more specialised infrastructure on its site, but there are alternative firms who perform similar activities.
• The TRA acknowledges that there are potential difficulties in attempting to relocate the waste disposal activities currently carried on at the Polmadie sites.
• The TRA and the local authorities and local enterprise companies are working together to assist in such relocations, including assistance in obtaining permissions, consents, and licences. It is recognised that this is a sensitive issue. However the TRA considers that the potential difficulties do not justify any change in the assessment of options, nor a change in the decision to adopt the current alignment.

H Morris & Co Ltd : Map 6 : Plots 123-124 and 210-213

Description and background

9.89 This company makes furniture in a factory complex running parallel to and to the north of the Polmadie railway depot. Access is from Rosyth Road (from the northwest), which serves the main entrance, reception, and administrative offices, as well as most of the production buildings; and from Southcroft Road (from the east) which provides a large manoeuvring area for HGV deliveries and uplifts.

9.90 The 6 plots to be acquired total approximately 4 ha, largely forming a contiguous site which accommodates virtually all of the production facilities, but excludes some of the vehicle parking and manoeuvring area at the Southcroft Road entrance. Plots 124 and 210 are very small areas detached from this larger site. In addition, the company occupies additional premises on the west side of Rosyth Road.

Summary of case for H Morris and Co Ltd

9.91 In support of the objection, it is stated for the company that it is a leading European furniture manufacturer, with its manufacturing headquarters at Rosyth Road. It employs some 500 staff at these premises in a range of skilled and semi-skilled jobs offering opportunities to a wide spectrum of the Glasgow population. The company has a distribution fleet of some 70 vehicles.

9.92 The revised route for the M74C would wholly sever the premises, requiring the demolition of a significant portion of the main manufacturing facility, a 480,000 square foot elongated factory directly in the path of the motorway. Detailed investigations have shown that it would not be possible to re-route the motorway through the premises or re-arrange the premises on the reduced site without wholly unacceptable detriment to the business.

9.93 There is no ready supply of 500,000 square foot manufacturing units of the type and specification required for furniture production and distribution at this scale in the Glasgow area. Following an extensive search, two alternative sites in the area have been assessed, but the cumulative costs of a complete relocation to either of the sites were shown to be excessive and unviable. Thus no viable options yet exist for relocating the enterprise within the greater Glasgow area.

9.94 The motorway proposal thus raises a number of significant economic considerations. It threatens the headquarters and production facilities of a major specialist manufacturing business, having a devastating effect. This outweighs any advantage of the revised route.

9.95 The company considers that insufficient justification has been given to support the decision to divert the motorway route to the north of the railway land (see paragraphs 9.57-9.59 above).

Summary of case for the acquiring authority

9.96 The TRA has explained the reasons why the northern alignment is now preferred to the 1995 alignment through the railway land (see paragraphs 9.58-9.59 above). Disturbance compensation will be payable on the basis of the Statutory Compensation Code. The Valuation Office Agency will consider each case on its merits. Where only part of a property is included in the compulsory purchase order, severance compensation may be payable. Again each case is considered on its merits.

[note : this ends the section on the Polmadie diversion]

Millside Properties Limited/McConechy's Tyre Service Limited : Map 9 : Plot 164

Description and background

9.97 This plot, extending to 2,360m ², is part of Unit 7B, Farmeloan Industrial Estate, Rutherglen, which lies to the rear of Rutherglen railway station. It is currently occupied by a large asbestos shed and car parking. The plot is on the line of the M74C, forming part of the east embankment of the elevated structure over the railway station.

Summary of case for the objector

9.98 The objection is that the CPO will result in the closure of the business and the need for relocation.

Summary of case for the acquiring authority

9.99 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested.

James Boyle : Map 10 : Plot 179

Description and background

9.100 This plot, extending to 3,286m ², was the site of the houses known as and forming 2/4 Gray Street and 134/136 Cambuslang Road, Rutherglen, owned by SLC and now demolished. It lies close to the Cambuslang Road interchange and is affected by the connecting roads to the M74C which crosses Cambuslang Road at this point by a bridge.

Summary of case for Mr Boyle

9.101 The objection relates to issues of compensation, re-housing, and related matters.

Summary of case for the acquiring authority

9.102 The issues raised by the objector do not constitute a competent objection to the CPO.

MRC Pension Trust Limited : Map 10 : Plots 184-189, 191, & 220

Description and background

9.103 The eight plots relate to areas of ground forming part of the Clyde Industrial Estate, Rutherglen, which are required to facilitate the construction of the M74C on ramp south at the Cambuslang Road Interchange and an alternative access to the estate using Duchess Place and Cunninghame Road, Rutherglen. Plot 184, extending to 272m ², is part of an open area of car park, fronting a private lane. This land is understood to be required for the formation of a hammerhead adjacent to the private lane. Plots 185 and 186, extending to 61m ² and 342m ² respectively, are contiguous immediately to the south of plot 184 and relate to servitude rights of access over the same car park for the construction of a turning area, for installation and maintenance of drainage apparatus, and for access in connection with the M74C construction. Plot 187, extending to 1,312m ², is part of the same car park and lies immediately south of plot 186 on the line of the on ramp, while plot 188, extending to 1,339m ², is part of the solum of Cunninghame Road, again on the line of the on ramp. Plot 189 relates to a servitude right over 19m ² of land lying to the east of Cunninghame Road to lay down and maintain drainage apparatus. Plot 191, extending to 13,960m ², is part of the former Clydebridge Steel Works, Rutherglen, to the north east of Cambuslang Road. Again, it is on the line of the M74C. Plot 220, extending to 225m ², is part of the solum of Cunninghame Road required to link Cunninghame Road and Duchess Place to Cambuslang Road, some 125m west of the on ramp.

Summary of case for MRC Pension Trust Limited

9.104 The objection is in the following terms: -

" 1. The Order, if confirmed, would result in the loss to our client of a substantial part of its land holding at Clyde Industrial Estate, Rutherglen.
2. The Order, if confirmed, would disrupt the operation of our client's business at Clyde Industrial Estate aforesaid.
3. Insufficient detail has been provided in the draft Order and on the Map (as defined in the draft Order) to enable our client to ascertain the full extent of the proposals."

9.105 The objector owns the Clyde Industrial Estate ("the Estate") which lies between Cambuslang Road on the south west and the River Clyde on the north west. Access to the Estate is gained from Cambuslang Road and Cunninghame Road. The TRA proposes to stop up Cunninghame Road and to provide an alternative access via the Cambuslang Road/Duchess Place junction, some 300m to the west of the Cambuslang Road /Cunninghame Road junction. The current access to the M74 from the Estate is 800m south eastwards along Cambuslang Road, turning left into Bogleshole Road from where, by using Cambuslang Road, Cambuslang and 3 roundabouts, Fullarton Road junction is approximately 1.6km distant.

9.106 In amplification of the objection, the Estate currently houses 3 industrial buildings sub-divided into units, the anchor tenant being Business Post, a freight oriented organisation. The Estate also contains 2 vacant plots. In September 2003, planning permission was granted for the erection of a distribution warehouse (Class 6), ancillary offices, and car parking on part of the southern plot, the prospective occupant of the 1,475m unit being Business Post and the intention being that access would continue to be taken from Cambuslang Road via Cunninghame Road. Business Post and a similar company, Scotmail, occupy the largest unit on the Estate which has a large yard between it and Cambuslang Road, a considerable area of which is to be compulsorily acquired for the M74C.

9.107 Considerable importance is placed by the objector on the recent history of the Estate and the proposed motorway, reference being made to the 1995 motorway proposal for which planning permission was granted for a scheme which included a virtually identical junction arrangement at Cambuslang Road as that now being proposed and the grant to the then owner of the Estate, on appeal against non-determination in 1997, of outline planning permission for a direct connection between the Estate and that junction. A subsequent application to renew this permission, which SLC was minded to grant, was called in and dismissed by Scottish Ministers in 2002.

9.108 Notwithstanding the objection lodged to the CPO, the objector in July 2003 forwarded to the TRA a proposal entitled "Indicative Grounds for Objection & Alternative Proposals" (Production MRC 18) and a meeting took place the following month, although no agreement was reached. This was confirmed by letter of 9 September 2003 from the TRA (Production MRC 19), the reasons being severe engineering difficulties and road safety concerns. The objector's agent, who had been present at the meeting, understood that the TRA nonetheless gave a commitment at the meeting to consider a roundabout arrangement.

9.109 The objector supports the principle of the M74C and a junction at Cambuslang Road. The objection is to the stopping up of Cunninghame Road and the closure of its junction with Cambuslang Road. The proposed alternative access via Duchess Place is tortuous and involves additional mileage. It involves passing through the neighbouring Farme Castle Industrial Estate and using roads that have no parking restrictions and are unsuitable for the passage of HGVs. A mobile snack bar currently sits in Duchess Place and is understood to have the benefit of planning permission. The TRA alternative requires the acquisition of land, the construction of 230m of an alternative access road, and considerable additional cost when compared to a more direct access from Cambuslang Road.

9.110 The objector provides a comprehensive review of the development plan to conclude that its proposed access accords with that plan. It is not accepted that it technically contravenes policies TRA1 and 8 of the local plan. Furthermore, the proposed access is supported by SPP1, SPP2, NPPG17, its Addendum (SPP17), PAN66, and SEL document "Changing Gear Towards 2010". The TRA has failed to meet its responsibilities under PAN58 in that it has not properly assessed the objector's alternative access proposal.

9.111 In the absence of further information from the TRA, the objector engaged a traffic consultant in October 2003 to review traffic flow data at the Cambuslang junction with a view to preparing a proposal providing for the retention of an access to the Estate from Cambuslang Road. A request was made to the TRA for the traffic flow information it had used. The output data for a traffic prediction model for the design years 2010 and 2020 was supplied by e-mail towards the end of October 2003. There was no information however on the Duchess Place/Cambuslang Road junction. Based on the incomplete information which was still being worked on to build a computer based TRANSYT model of the TRA's proposal, the consultant prepared a preliminary report on the traffic aspects of the junction, outlining 2 possible options (options 1 and 2) for retaining access (Production MRC 01 - October 2003). The consultant then used the TRANSYT model to compare his alternative proposals with that of the TRA. On 10 December 2003, the TRA, on its own initiative and at its own expense, had a traffic survey of the junction conducted by survey contractors Count on Us. The results of the survey were sent to the objector in early January and copies were made available to the consultant within a day or two later. The consultant then required to re-work his model on the updated information and prepare a fresh report that was made available in mid February 2004 (Production MRC 01 - February 2004). This effectively became the traffic consultant's precognition for the inquiry, the official precognition of October 2003 having largely been overtaken by events. At the inquiry, it became apparent that the objector had been unaware of further traffic survey information obtained by the TRA for a Road Safety Audit of its proposal, a pre-requisite in terms of the DMRB before promoting the Orders.

9.112 The December 2003 actual count data was extrapolated to the design year 2020 using the national road traffic high growth forecast, and the results compared with the side road traffic flows using the earlier data. The comparison highlighted major differences, with the earlier data showing 471 vehicles entering Duchess Place in the morning peak hour and 460 leaving in the evening peak hour. In contrast, analysis of the actual count data produced corresponding figures of 246 and 241 vehicles. For this reason, the TRA proposal was tested against Transyt model analysis of both sets of data. The objectors indicative options 1 and 2 of October 2003 were found to be virtually identical in terms of Transyt network specification and only one test was carried out to cover the 2 options. For modelling purposes, the assumption was made that there would be a pedestrian crossing cycle at every second traffic signal cycle at the junction. The signalling system would be phased so that all lights were red at the one time, eliminating the need for button controlled crossings. There was little pedestrian traffic at the junction in any event. No account was taken of the possible expansion of business on the Estate. The results indicated that the objector's proposed access would work as well or marginally better than the TRA proposal, with the performance index being better in all cases under the objector's arrangement. On further study of the 2 options, a variation of option 1 (option 1A) emerged as the better option because of constructional and operational difficulties associated with differences in ground level and the steep gradient needed to access the Estate. The total volume of traffic using either Duchess Place or the objector's access remains the same, the only difference being the access point. No increase in traffic delay should result from the objector's access, which can be developed in accordance with the DMRB.

9.113 At the inquiry, it was accepted that option 1A as set out in Appendix 12 of Production MRC01 (February 2004), involved the acquisition of a lane and commercial premises fronting it from a third party who was himself an objector to the CPO in respect of another plot and that the commercial premises were the subject of a number of tenancies. This would require a fresh CPO and entail further delay. Option 1A was no more tortuous than the TRA alternative. It was not accepted that the introduction of the objector's access at an already busy junction would give rise to safety implications, making it more complex and confusing for motorists. Appropriate map signage would warn motorists of the access into the Estate and in all likelihood there would be a similar arrangement at Duchess Place with the TRA scheme. It was not accepted that motorists following traffic entering the objector's access would assume that the signal from the vehicle in front showed the intention to use the east bound on ramp, giving rise to the risk of collision or sharp braking movements. Again, there was no difference in this respect between the objector's access and Duchess Place. The objector maintained that all the options were merely indicative and that an option 1B, not involving additional land take, could possibly be achieved. The objector did not accept that a fully worked up option 1B should have been produced for the inquiry. The objector's responsibility was simply to provide an alternative engineering solution, which had been done. Traffic from the west using the objector's access (option 1A) would require to travel a safe and convenient distance down the lane, possibly some 25/40m, before taking a 90 degree right turn into the objector's storage yard, proceeding across the yard, and taking another 90 degree left turn into Cunninghame Road. This would entail the use of land currently allocated for industrial use. It was accepted that, while the maximum additional travel distance under the TRA scheme would be 750m, the average would be in the region of 140m.

Summary of case for the acquiring authority

9.114 On behalf of the TRA, it was submitted that, prior to the promotion of the CPO and Roads Orders, an outline design, in sufficient detail to determine the minimum land requirement for the M74C had been prepared, which established the need for the land which the TRA seeks to acquire from the objector. Compensation will be paid in accordance with statute and the issue of compensation itself is not a valid ground of objection to the CPO. The TRA has met with the objector's agent but no evidence has been produced to show that a direct access to the Estate from Cambuslang Road is possible. The report on the called-in application of 2002 (Production TRA/A/15) is of critical significance. As regards the meeting with the objector's agent in September 2003, it is strongly denied that the TRA gave a commitment to consider a roundabout option. This option had been examined and ruled out before. Furthermore, the letter of 9 September 2003 from the TRA (Production MRC18) sets out at some length and in some detail what was discussed at that meeting and does not record the commitment claimed. There was no challenge to the terms of the letter at the time. The objector's proposal - option 1A - is entirely different to what the objector had previously proposed. The proposal now is to take an access via the privately owned lane and no longer from the slip road, an apparent acceptance of the impracticality of the original proposal.

9.115 Option 1A as now proposed would require a further CPO, a new Roads Order and would cause uncertainty and delay. The owner of the lane and the commercial premises fronting it (Mr Millen) is himself an objector to the CPO in respect of plot 221. Negotiations are underway with Mr Millen in regard to accommodation works, which hopefully will see the closures of both the lane at its junction with Cambuslang Road and the pend lane a few metres to the west of the lane, with alternative access from the rear using the new road proposed by the TRA to access the Estate. Mr Millen is understood to favour Option 2 on drawing 474000/Sk135 of Production TRA/C/14, which would be wholly incompatible with option 1A. The objector's proposed access would be unlikely to find favour with the various tenants of Mr Millen's commercial premises. The lane itself is sub-standard being narrow and having a poor surface, lacks footpaths, and is unsuitable for HGVs. Option 1A adds another junction to an already busy and complex junction. The number of junctions should be minimised to avoid confusing drivers. This view is supported by the DMRB which highlights the danger of indecision on the part of drivers. It is important to ensure correct motorway signage and the map signage proposed by the objector could simply add to driver confusion. Map signage at Duchess Place would be 300m away from the Cambuslang interchange. Further criticisms of option 1A include east bound traffic on Cambuslang Road not being opposed by traffic lights and west bound traffic from Rutherglen/Cambuslang seeking to access the east bound on ramp having to cross over the path of east bound traffic. The proposed stop lines are not considered effective. The TRA alternative access arrangement has been the subject of a road safety audit. The same cannot be said of the objector's alternative. The new access proposed by the TRA is shown in Production TRA/C/14 with traffic lights at the Duchess Place junction linked to the traffic signals at the M74/Cambuslang Road junction. The proximity of the Cambuslang Road junction will greatly enhance accessibility to the Estate. While the average additional travel distance is of the order of 140m, delays at junctions could represent more of a problem to road users. As regards the mobile snack bar in Duchess Place, information from SLC indicates that there is no planning permission for this use but that a street trader's licence exists. While SLC has responsibility for traffic regulation on adopted streets such as Duchess Place, there is no reason to believe that SLC, as a project partner, would not exercise its powers to control parking should a problem arise.

9.116 As regards the traffic flow data, the TRA supplied the objector's traffic expert with all the information requested. The DMRB requires a Road Safety Audit with traffic flow data and the expert would have been aware of this requirement.

9.117 The TRA used higher growth figures to create a worst case scenario in order to prove that the alternative access arrangement, particularly at the Duchess Place/Cambuslang Road junction, would work satisfactorily and to take account of future development of both the Estate and Farme Cross Estate. The Performance Index /Saturation Flows in excess of 90% as shown in Appendices 7 and 8 of Production MRC01 (February 2004 version) are not accepted, based on detailed analysis undertaken by the TRA over many years. Option 1A has not been tested using the TRA high growth forecasts.

Somerville & Morrison Limited : Map 10 : Plot 178

Description and background

9.118 This plot, extending to 4,263m ², is part of the property known as and forming 130 Cambuslang Road, Rutherglen. It lies to the south west of Cambuslang Road, adjacent to Rutherglen rail depot and takes its access directly from Cambuslang Road through land belonging to the objector but not included in the CPO. The plot contains a number of dilapidated buildings still in use as a paper processing business. The office and car park of the business are outwith the plot.

Summary of case for Somerville & Morrison Limited

9.119 The objection is that, without adjusting the land take or agreeing an exchange of land, the objector's specialist protective paper processing business - the only one of its kind in Scotland - will be lost. This family business, established in 1873, has a substantial order book, particularly in the export market, and has 21 employees.

Summary of case for the acquiring authority

9.120 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. There are ongoing discussions with the objector in an effort to reach agreement.

Mr B Millen : Map 10 : Plot 221

Description and background

9.121 This plot, extending to 20m ², is an area of land forming the entrance to a private lane fronting Cambuslang Road, Rutherglen. The lane serves a number of commercial properties owned by the objector. The plot lies at the start of the on ramp to the M74C south at the Cambuslang Road interchange.

Summary of case for Mr B Millen

9.122 The objection is based on the M74C effectively cutting off the objector's existing accesses from Cambuslang Road to his properties on the west side of the private lane he owns and to the pend through other property belonging to him fronting Cambuslang Road. The proposed traffic lights at the junction adjacent to his property will mean that traffic from the east would no longer be able to turn right into the pend, while traffic from the west would likely to be hindered by traffic queues at the lights and the tight space available for turning into the pend. The objector's premises are currently let to a number of tenants. Access from the Cambuslang Road frontage to the premises at the rear will no longer be possible, access having to be taken from Duchess Place. Additional costs are anticipated. In the last 18 months, 7 tenants have vacated these premises due to the derelict and vacant nature of the surrounding area attributable to the prospect of the M74C. This has resulted in a significant loss of revenue, a situation that is likely to continue through the construction period. The objector is also unclear as to any obligations he may have in respect of the proposed hammerhead on the other side of the lane close to its junction with Cambuslang Road.

9.123 In a supplementary submission to the response from the TRA, the objector suggests that the TRA has misunderstood his objection to some extent. His concern is that traffic moving towards the Cambuslang junction from the city may back up at the traffic lights, restricting access to the pend for vehicles approaching from either direction wishing to enter his land via the pend. A meeting with the TRA to discuss the objection took place in August 2003, as a result of which the objector was provided with drawings of 3 possible solutions. Only the second solution, namely, drawing 474000/Sk135, showing access from his private lane through a building to be demolished, would be acceptable to him.

Summary of case for the acquiring authority

9.124 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. There are ongoing discussions with the objector in an effort to reach agreement. Plans of possible solutions have been supplied to the objector and the TRA is confident that an acceptable arrangement can be agreed. The TRA does not intend to purchase any of the adjacent commercial properties.

Corus plc : Maps 10 and 11 : Plots 193-195

Description and background

9.125 These plots are contiguous and are situated in the grounds of the Clydebridge Steel Works, Rutherglen, lying to the north east of Cambuslang Road, Rutherglen and to the south west of the River Clyde. While the steel works remains in operation, the surrounding land including the plots is vacant semi-derelict scrubland. Plot 193 extends to 9,884m ², while plot 194 extends to 71,616m ². Both plots are on the line of the M74C which would run on an embankment. Plot 195 is a rectangular area of ground extending to 467m ² over which a servitude right for drainage to the River Clyde is sought.

Summary of case for Corus plc

9.126 The objection is based on the extensive amount of land being acquired and severance of existing operational and potential development areas, including the main access and a number of internal roads integral to the operation of the Clydebridge Works. The operation of the works will be severely disrupted with a large area to the north of the M74C being severed. If the M74C goes ahead, it will be essential to maintain a minimum ground clearance of 3m from the existing main access at Ballochmill Road up to the western edge of the works plant at the very least, and the objector would wish to be advised if the M74C is to come closer than 40m from the works. A further requirement would be the retention of a continuous access from Ballochmill Road for HGVs and other vehicles, including access to the weighbridge, which may require to be relocated. Again, continuous access will be required to the land to the north of the M74C, in particular to the electricity sub-station and outfall pipe to the Clyde, which too may require to be relocated.

Summary of case for the acquiring authority

9.127 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested. There are ongoing discussions with the objector in an effort to reach agreement.

Hillview Developments Limited : Map 12 : Plot 198

Description and background

9.128 This plot, extending to 10,472m ², is an area of open land to the north east of the River Clyde, forming part of the Cambuslang Investment Park. It lies south west of London Road and to the west of Fullarton Road. The plot is close to the Fullarton Road junction and is on the line of the M74C and associated side roads.

Summary of case for Hillview Developments Limited

9.129 The objection is that the route of the M74C dissects the objector's land holding in such a way as to have a detrimental environmental impact.

Summary of case for the acquiring authority

9.130 In response to the objection, it is stated for the TRA that the need for the M74C has been established, in order to complete the trunk road network across Glasgow. The proposed motorway would provide a new high quality strategic link through Glasgow, and would offer an alternative to the M8, which is often heavily congested.

H Meanen (Electrical Services) Ltd : Map 14 : Plot 207

9.131 This company occupies premises at the convergence of Polmadie Road and Aikenhead Road, some 800m to the south of the motorway route. At present, this junction is blocked off to give a free flow of traffic along Aikenhead Road. Under the M74 proposals, the junction would be reconfigured to open up Polmadie Road as the main route to and from the motorway junction. Aikenhead Road would then meet Polmadie Road at a T junction. This rearrangement requires the acquisition of a small (90 sq m) triangle of land from the objector. This is currently open land forming part of the property, not affecting the building itself.

Summary of case for H Meanen (Electrical Services) Ltd

9.132 In support of the objection, it is stated that the firm employs 8 people at the site involved in electrical contracting work throughout west central Scotland. The business is dependent on the use of 4 vans and two cars, which are parked, unloaded, and loaded in the stopped up part of Polmadie Road. Expansion of the firm would require further vehicles.

9.133 If this section of Polmadie Road is re-opened, it can no longer be used as it is at present. This would have a very serious impact on the operation of the business, and preclude expansion. This also applies to various neighbouring businesses.

9.134 The TRA has proposed using part of the land owned by the company and off the new highway for some vehicle parking. This would provide 3 parking spaces. However this would be insufficient for the operational needs of the business. The solution is to have assistance to relocate the business to a site where adequate parking would be available.

Summary of case for the acquiring authority

9.135 The TRA has offered to provide a turning head within the objector's site so that vehicles can turn round before leaving. There should be no difficulty entering Polmadie Road as the traffic flow will be regulated by new traffic lights nearby.

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