Frequently Asked Questions (FAQs)

Yes, other options have been considered. However, the issues identified above (under ‘Why is the scheme needed?’) cannot be addressed through improvements to walking, cycling and public transport infrastructure alone. Traffic surveys carried out in 2022 showed that a significant portion of the traffic on the A46 was through traffic, meaning it was not headed for local destinations in Tewkesbury or Ashchurch. Specifically, 65% of the westbound traffic and 47% of the eastbound traffic between M5 Junction 9 and Aston Cross was through traffic. 

By diverting long-distance traffic away from the existing A46 to the new road, opportunities would be created to encourage greater use of sustainable transport. This would support the achievement of the UK’s target to make all sectors of the economy carbon neutral by 2050 and encourage greater use of sustainable transport. 

Option 1 – slip roads to and from M5 south would be proposed at M5 Junction 9a as shown below. 

Option 2 and 3 – An all-movements junction with roundabout would be proposed for these options as shown below.   

Potential route options for the western section of the scheme would be a dual carriageway to cope with forecast growth in long-distance and local traffic using the link road between the M5 and B4079 / A435. Potential route options for the eastern section of the scheme would be a single carriageway. Traffic flows are forecast to be lower in this section (similar to the traffic flows on the A46 north of Teddington Hands which is also a single carriageway road). 

Upgrading the existing M5 Junction 9 and the A46 through Ashchurch would address some of the known congestion and safety issues; however, our assessment concluded that it would not prove an effective overall solution. This is because there are businesses and homes close to the road that would be adversely impacted by the widening of the road and increased traffic, including heavy goods vehicles passing through Ashchurch. It would also impact the ability to deliver future development in the area. 

The existing A46 would be downgraded to cater for mainly local traffic offering a wealth of benefits to the existing communities in the area, as well as those travelling through it on foot or by bicycle. This would include providing a more pleasant environment for residents and greater opportunities for walking, cycling and sustainable travel along the existing road. Other changes could be considered to reinforce its role as a local traffic route.

The engagement exercise launches on Monday 7th October and ends on Monday 2nd December 2024. 

For information on the environmental and ecological surveys undertaken to date, see the supporting information available on Have Your Say (M5 Junction 9 and A46 (Ashchurch) Transport Scheme- Potential Route Options Engagement | Have Your Say Gloucestershire (engagementhq.com)). Further surveys would be required in future should the scheme be progressed.

Studies are ongoing to fully assess the impacts of the options on the key environmental receptors. The results of initial environmental assessments completed to date are summarised in the Analysis of options supporting information available on Have Your Say (M5 Junction 9 and A46 (Ashchurch) Transport Scheme- Potential Route Options Engagement | Have Your Say Gloucestershire (engagementhq.com)).

Potential impacts of the proposed options on noise and vibration have been considered. For all options, construction activity would result in localised increases in noise. Mitigation measures would be considered to minimise impacts on individual receptors.

Once completed, the scheme is expected to result in reduced noise levels along the A46 through Ashchurch due to diversion of a significant proportion of long-distance traffic including Heavy Goods Vehicles onto the new route. Noise levels would increase along the new route but for all options the route passes through mainly open farmland rather than the urban residential route of the existing A46. Mitigation measures would be considered to minimise impacts on individual receptors.

Potential impacts of the proposed options on air quality have been considered. The initial air quality assessment has identified that no significant adverse effects are identified with regards to air quality.

The reduction in long-distance traffic, including Heavy Goods Vehicles along the A46 through Ashchurch, is expected to improve air quality for local residents and travellers (including walkers and cyclists), including for children that use the route to travel to school at Ashchurch Primary School and Tewkesbury Academy.

Potential impacts of the proposed options on protected animal species have been considered as part of a preliminary biodiversity impact assessment. This has concluded that:

• All options may lead to the temporary and reversible damage to protected species and their habitats, which through mitigation is considered to be negligible

• All options may lead to the permanent loss of bat roosts and or important foraging / commuting habitats (impacting the Forest of Dean Bat Sites SAC) or the permanent loss of habitats used by an Annex II species (violet click beetle) that form functionally linked land of the Bredon Hill SAC and/or Dixton Wood SAC

• This would be determined by the results of further, detailed survey work. However, through following general and species-specific mitigation measures, impacts would not affect the integrity of these species.

Mitigation measures would be developed in both the construction and design of the scheme to ensure that species remain protected, and biodiversity is preserved. There is a legal requirement for the scheme to provide Biodiversity Net Gain to make sure that habitats for wildlife are left in a measurably better state than they were before the development.

Potential impacts of the proposed options on cultural heritage have been considered. The assessment indicates that all options would result in adverse impacts to heritage assets, but which could be mitigated through embedded design and additional mitigation in the form of a robust programme of archaeological investigations and recording. All options would include direct impacts to known and as-yet unknown archaeological heritage and would need more detailed surveys at future design stages.

Potential impacts and mitigation strategies for the proposed options on landscape and visual impact have been considered. Potential mitigation measures include:

• Limiting vegetation removal.
• Incorporating mitigation features into scheme design.
• Amendments to field boundaries and sizes.
• Planting to provide screening to avoid uncharacteristic large blocks of woodland.

Early-stage traffic modelling undertaken for the scheme forecasts a decrease in traffic flow on the M5 at Junction 9 due to traffic re-routing onto the new road via the new M5 junction to the south of Tewkesbury, reducing journey times and congestion. Traffic volumes on the M5 to the south of the new junction are forecast to increase as a result of some journeys diverting from other routes. For example, journeys between Bishops Cleeve and the M5 that currently travel though Cheltenham would be attracted to use the new motorway junction, A46 and A435.

Further detailed traffic modelling would be undertaken in future stages of work to fully assess the impact on the M5.

All options are forecast to reduce traffic flows and congestion along the existing A46 between M5 Junction 9 and Teddington Hands roundabout. This would improve reliability of access to the businesses clustered around M5 Junction 9 and the new retail development at the Cotswold Designer Outlet, ensuring this remains an attractive location for economic activity.

As a result, journey time savings for vehicles travelling between Teddington Hands roundabout and Tewkesbury High Street are forecast. For the modelled scheme opening year, in the AM Peak all options achieve savings of at least 3 minutes in both directions. In the PM peak, all options achieve at least 2 minutes of time savings. These are average journey time savings across the AM and PM peak periods. Greater savings are likely to occur at the height of the peak periods and an overall improvement in journey time reliability would also expected.

Improvements to walking and cycling facilities along the A46 and at M5 Junction 9 are also being considered and along with the forecast reduction in traffic along the existing A46 would make this a more attractive route for travel by these modes.

Options A and B for the eastern section of the route would have different impacts on these businesses:

• For Option A the new A46 link would bypass the existing Teddington Hands roundabout and businesses (Truck Stop, petrol station, shop and inn). The A435 would be closed to traffic south of the Truck Stop with access to the Truck Stop and other businesses (including from the new A46) maintained from the existing roundabout. This arrangement would provide some safety benefits by reducing risk of collisions at the business accesses on the A435
• For Option B there would be no change to the business accesses as the new A46 link would avoid the A435 and connect with the existing A46 to the west of Teddington Hands roundabout. The A46 would be widened to dual carriageway to the north of the Truck Stop and Teddington Hands roundabout would be upgraded.

For more information, please refer to description of options in ‘What are the options?’ section above.

The focus of the scheme is on addressing the problems experienced on the A46 between the M5 and Teddington Hands roundabout. It is acknowledged that it would likely result in increased traffic flows using the A46 between Teddington Hands roundabout and Evesham. Further analysis of safety on the A46 north of Teddington Hands roundabout would be undertaken at future stages and consideration would be given to safety improvements that may be needed to address any impacts of the scheme.

National Highways are aware of local community concerns regarding safety on the A46 between Teddington Hands and Evesham. Reduced speed limits were introduced at Hinton Cross in 2023 in response to community concerns. National Highways will continue to monitor safety of the route and engage with local communities regarding potential for further safety improvements.

There are currently no committed plans for further improvements to M5 J9 or the A46 at Ashchurch. GCC and National Highways are keen for improvements to walking and cycling facilities to be made sooner if possible. It is likely that funding for these and any short-term capacity improvements to the A46 would need to be raised from developer contributions in relation to new housing and other developments being proposed in the area. GCC would also seek to apply for any new Government funding that becomes available to support improved walking and cycling facilities along the A46.

An ‘A46 Working Group’ has been formed which includes membership from GCC, Tewkesbury Borough Council (TBC), National Highways and Worcestershire County Council. The Working Group aims to facilitate open communication and mutual understanding regarding development proposals, focusing on sustainable travel needs, infrastructure requirements, and the impact on local road networks. They work collaboratively to ensure consistent responses to developers and address any conflicting priorities.

While this group may identify some solutions (including walking, cycling and public transport), it is likely that funding for these would need to be raised from developer contributions in relation to new housing and other developments being proposed in the area. 

A Walking, Cycling and Horse-rising Assessment and Review has been completed for the scheme and included engagement with equestrian stakeholders. This has identified various opportunities to improve horse-riding routes which would be considered as part of future scheme development.

A summary of the walking, cycling and horse-riding opportunities identified is provided in the supporting information.

All options would encroach onto Flood Zones 2 and 3, and accordingly would require a Flood Risk Assessment that demonstrates the scheme would be safe from flooding and, where possible, reduce flood risk overall. It is likely that some element of floodplain compensation would be required to comply with planning policies.

While impacts of each option on flood zones would vary, it is important to note that the scheme would be expected to fully mitigate such impacts by providing floodplain compensation so that there is no overall increase in flood risk. 

The reductions in traffic volumes, particularly heavy goods vehicles, on the A46 through Ashchurch would provide long term environmental benefits for the local community, including reductions in noise and vibrations. Should the scheme be progressed and a preferred route option identified, we would work with local communities to ensure they have suitable access and provide opportunities for people to cycle, horse ride and walk more easily in the area.

The Ashchurch area benefits from Garden Town status; it forms part of Tewkesbury Borough Council’s Garden Communities programme. The programme’s aim is to ensure that housing and employment opportunities are managed in the best possible way by enabling comprehensively planned, connected communities designed to encourage good growth, helping new and existing residents to enjoy the best possible quality of life.

Diverting long-distance traffic - including heavy goods vehicles - from the A46 through Ashchurch onto a new road will be key to the successful development of the Tewkesbury Garden Communities. This will provide capacity for housing and employment opportunities, and crucially provide benefits to the existing communities, offering a more pleasant environment for residents and greater opportunities for walking, cycling and sustainable travel along the existing road.

To find out more, please visit: www.tewkesbury.gov.uk/garden-communities/

The statutory planning process requires an assessment of transport impacts of proposed developments to obtain planning permission. This process determines the extent of the development that can proceed without conditions on the scheme. If the transport evidence provided is accepted by GCC as the highway authority, the development can proceed.  

GCC’s position is that due to the existing levels of congestion experienced on both the strategic and local road network around M5 Junction 9, this scheme would be needed before any large-scale development can be started.

Tewkesbury Borough Council are working with Cheltenham Borough Council and Gloucester City Council to review the Joint Core Strategy (2011-2031) and produce a new Strategic and Local Plan (SLP). The new local plan will allocate land for development up to 2041 to meet future needs for housing and employment land. The Garden Communities proposals will be considered as part of this process.

The current timetable for development of the new Plan including public engagement is outlined at:   strategiclocalplan.org

Outline plans for the new Garden Centre and Cotswold Designer Outlet were approved by Tewkesbury Borough Council in 2016 and since then plans for over 1,400 new homes have been approved by Government planning inspectors at the Fiddington Fields site between the M5 and rail line.

The various planning applications were approved in line with the National Planning Policy Framework, which provides limited grounds for refusing planning permission on transport grounds. Mitigations were agreed with National Highways including some capacity improvements at M5 Junction 9 to reduce traffic queues extending back from the junction to the motorway. It was acknowledged that development would give rise to increased congestion and delay on the A46, but not be so severe as to justify the refusal of planning permission.

Tewkesbury Borough Council objected to the first phase of housing proposals (totalling 850 dwellings) at the planning appeal in 2019 on grounds that the proposals did not contribute to solving existing transport problems, but these arguments were not accepted by the Government planning inspectors.

As this proposal is in the early stages of development, the exact location of the new road and details of the junction are yet be decided. However technical work to assess suitability and identify a range of shortlisted scheme options has now been completed. We are carrying out a public engagement exercise from early October 2024 to share shortlisted route options and seek the views of the public, stakeholders, businesses and local communities on them. Your views and comments received during the public engagement exercise will be considered and summarised in a public engagement report.

Should the scheme be progressed, this feedback will be used to refine the options and will be combined with the findings from further technical work to create a final shortlist of options. These will be presented at a non-statutory consultation when the majority of technical work has been completed. During the non-statutory consultation, the views of the public, stakeholders, businesses and local communities will be sought again.

Prior to a preferred route announcement, the Department of Transport has agreed the scheme will be handed over to National Highways for further development and completion of the preferred route announcement. You will have a further opportunity to give feedback, this time on the preferred route during a statutory public consultation.

After the statutory consultation National Highways will carry out more detailed assessments to confirm the scheme before applying for planning consent.

For all projects of this nature, known as Nationally Significant Infrastructure Projects, an application is submitted to the Planning Inspectorate. This is called the Development Consent Order Process (DCO). Consent to construct the scheme will only be given if the Development Consent is granted

You can find out more about the DCO process at: infrastructure.planninginspectorate.gov.uk.

The earliest that scheme would be completed and open for traffic is 2034.

The optioneering, design and construction of this scheme can’t be sped up because it needs to go through several important steps such as public engagement and consultation, planning consent and funding approvals. We must engage with local communities and stakeholders to make sure that the scheme is well understood and meets the needs of the public. Since this is a major project, it has to go through a detailed approval process called the Development Consent Order (DCO), which takes time. There is also a need to secure funding, which involves applying for and getting approval for the necessary financial resources.

These steps are important to ensure the project is well-planned, legally compliant, and properly funded, which would make it successful. While we understand the congestion on the A46 is frustrating, these processes are in place to ensure that the scheme has the best possible outcome, meets strategic objectives and represents value for money.

The Scheme would be a Nationally Significant Infrastructure Project (NSIP) and would require a Development Consent Order (DCO). The Scheme has been considered against the Section 22 of the Planning Act 2008 and it is likely to be classified as an NSIP given it meets the criteria outlined in the Act. Therefore, National Highways would be required to prepare and submit a Development Consent Order application in order to secure consent for the Scheme. 

A DCO is a statutory instrument granted by the Secretary of State to authorise the construction and development of a Nationally Significant Infrastructure Project. So once made the DCO in effect becomes legislation. It can provide an applicant with most, if not all, of the consents and powers required to deliver a scheme. As well as granting development consent (akin to planning permission) it can include Compulsory Acquisition powers and can also disapply and modify other legislation, such as the need to obtain an environmental permit, or the statutory provisions relating to compulsory acquisition. DCOs will typically also confer powers to enter and survey land, as well as powers to temporarily possess and use land within the order limits.

A DCO is granted following an extensive pre-application consultation process followed by an examination of the application which is conducted by the Planning Inspectorate. There are also a number of safeguarding provisions incorporated in the Planning Act 2008 to deal with consents that may be required to carry out the works either with statutory undertakers, or other bodies with specific roles and enforcement responsibilities. Some of these consents can be a deemed consent within the DCO, a consent that has to be obtained within the provisions of the DCO, or a consent that is obtained outside the DCO process. At the conclusion of the examination the DCO is granted in an agreed form incorporating an agreed position on the required consents.

The DCO contains a Schedule of Requirements, which are in effect the conditions which govern how the project is to be delivered. In terms of approach and content they are broadly similar to conditions found on a planning consent and seek to govern phasing, design and operation of the project. They also consider practical matters such as landscaping, drainage and lighting.

Consideration has been given as to whether the scheme is likely to be classified as EIA development through considering how it relates to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (as amended). Based on the current Scheme options, it is considered likely that the Scheme would be classified as EIA development and an Environmental Statement would be required as part of the Development Consent Order (DCO) application. 

Through the Levelling Up and Regeneration Bill, the Government was seeking to secure powers to implement a new system of environmental assessment to be known as Environmental Outcomes Reports. The purpose of these was to allow the Government to replace the EU-derived Strategic Environmental Assessment and Environmental Impact Assessment processes with a streamlined system. A consultation on proposals took place in 2023, any plans to amend the existing EIA systems has been delayed until at least 2025, but these may affect the environmental assessment of a future scheme.

The scheme is at a very early stage: we are sharing potential route options at present.  The scheme will rely on securing funding from Government to deliver it. At this early stage, no commitment can therefore be given to funding being secured for the scheme delivery. Should the scheme progress, there is no certainty that any identified preferred option would affect your land, and there is no need to buy any land at this time.  The acquisition of land would not start until after a preferred route was identified and announced (following further public engagement), or after development consent was granted for the scheme.

The scheme is at a very early stage and does not presently have any commitment to proceed to a preferred route announcement.  Until a preferred route is announced or land is specifically designated in a development plan (or other plans as set out in Schedule 13 of the Town and Country Planning Act 1990), there is nothing that Gloucestershire County Council nor National Highways is required to do if people decide to withdraw from a sale.

It has been agreed that if a preferred option is determined and the business case and funding is approved by the Department for Transport, the scheme would be delivered by National Highways. Therefore, land and property acquisition would be managed by National Highways at that time, after a hand over to them by GCC. National Highways would follow their standard processes.

National Highways have published guidance on their processes of land and property acquisition which can be found here - your-property-and-our-road-proposals.pdf (nationalhighways.co.uk). More detail about the compensation outlined in this guidance can be found in the publications found here - When our work affects your property - National Highways

The government have also produced a series of technical booklets which go into more detail on this topic. These can be found here - http://www.gov.uk/government/collections/compulsory-purchase-system-guidance

We currently do not know when land/property would be purchased and this is dependent of the scheme advancing beyond the early stages of development and towards the statutory planning process. Should the scheme progress, notices would be sent to all stakeholders for the land National Highways would be acquiring through compulsory powers of acquisition. This confirms which land is to be acquired and invites stakeholders to make a claim for compensation. The most common process to take ownership of the land is using a general vesting declaration which transfers ownership of the land to National Highways, the notice for this must not be less than 3 months.

For more information on the timescales and processes of compulsory acquisition, see page 6 of the National Highways guidance on land and property acquisition.

Compensation is available for freeholders, leaseholders and tenants when their land or property is being compulsorily acquired as part of a road scheme. The types of compensation available include:

• Market value of the land
• Home loss payment
• Secondary impacts of the purchase of the land (e.g. reducing the value of any remaining land, restricting any right of way that reduces the value of your land, excess maintenance costs from using alternative access to your property as a result of the scheme).

For more information on the available types of compensation, see page 5 of the National Highways guidance on land and property acquisition.

Compulsory purchase is a legal mechanism by which National Highways can acquire the land/property without the consent of the owner. We understand that the acquisition of your property can be upsetting and stressful, and advice on how to proceed is often confusing. If your property is to be acquired, then you would be compensated appropriately.

For more clear information on the compulsory purchase mechanism please see the website links shown above.

We currently do not have information of the impact of the scheme on individual properties. If your property is affected in any way outlined in page 5 of the National Highways guidance on land and property acquisition, then you would be entitled to compensation if the preferred route affected it.

The M5 Junction 10 Improvements scheme proposes significant improvements to the junction, including a new road linking Junction 10 to West Cheltenham and widening of the A4019 Tewkesbury Road. The scheme is currently undergoing the DCO process.

The M5 Junction 10 scheme is being delivered separately from this scheme. Further information on the M5 J10 scheme is available here: M5 Junction 10 Improvements Scheme | Highways (gloucestershire.gov.uk)