The need to improve the A38 corridor from Lydiate Ash (M5, Junction 4) to Hanbury Turn (junction with B4091 Hanbury Road) was identified in Worcestershire’s Fourth Local Transport Plan (LTP4).

The aim of the A38 improvements is to ensure the Bromsgrove area is ‘open for business’ by supporting economic growth. The improvement schemes include a series of junction enhancements where delay and congestion are currently experienced or where conditions are predicted to deteriorate further without intervention. They also include a range of improvements to cycling and walking routes alongside and across the A38.

The overall objectives of the A38 BREP scheme are as follows:

• reducing congestion – Without improvements, existing congestion at junctions will continue to worsen leading to increased journey time and increased cost to the economy. The traffic modelling shows that in 2040, in the Do-Minimum scenario, junction capacity will be exceeded at multiple locations on the corridor and journey times will increase
• supporting economic growth and rebalancing – Congestion on the A38 affects the wider economy, restricts labour markets and impacts on the ability of employees to access potential employment. Improvements are required to enable the A38 corridor to function effectively for businesses and workers
• supporting housing delivery - The ability to accommodate growth will be impeded without improvements, due to limited capacity on the network. Junction improvements will help enable the network to better cater for planned development and support delivery of the Local Plan requirements
• supporting all road users – Opportunities to support mode shift to walking and cycling are currently restricted due to actual and perceived severance caused by the A38, impacting on local trips and those to and from Bromsgrove Rail Station. Walking and cycling improvements included in this scheme address severance issues by providing better facilities along, across and adjacent to the A38, building on schemes being delivered across Bromsgrove in other programmes. These schemes will improve safety and security for non-motorised users crossing the A38 and in the surrounding area, resulting in a reduced number of collisions and subsequent economic active mode user benefits
• supporting the Strategic Road Network (SRN) - Congestion affects the strategic role of the A38, delaying traffic that is trying to reach the SRN via M5 junction 4, M5 junction 5 and M42 Junction 1 or using the corridor as a diversion route, as well as traffic using the corridor to access urban areas and key employment areas south of Birmingham. Improvements to the corridor will provide efficient and reliable access to the M5 via Junction 4 and M42 via Junction 1

The following key legislation relevant to arboriculture has been considered throughout the assessment process:

• Town and Country Planning Act 1990; Chapter I Trees; General duty of planning authorities as respects trees;
• Town and Country Planning Act (Tree Preservation)(England) Regulation 2012; and
• Forestry Act 1967

The following key guidance relevant to arboriculture have been considered throughout the assessment process:

• National Joint Utilities Group (NJUG) (2007) Vol 4 Issue 2 – Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees – Technical guidance to guide the installation of underground services and allow them to co-exist with trees; 
• Ancient Tree Forum (2013) Ancient and other veteran trees: further guidance on good management – Guidance for veteran tree classification and assessment; and
• Worcestershire County Council (2012) Landscape Character Assessment Supplementary Guidance

Whilst every effort has been made to retain trees where possible, there are a number of trees across BREP that will need to be removed to facilitate the works. Tree removal has been assessed by an Arboricultural Consultant and is based on the scheme design and working area required to carry out the works that may have a direct impact on trees and/or their associated root systems. If roots are damaged, there is a risk the tree may fail and fall over which could be a health and safety risk for pedestrians and road-users.

Work undertaken related to trees:

• the tree survey was conducted in line with the methodology detailed within BS 5837:2012 (BSI 2012). A Tree Survey Report has been produced that provides the results of this survey
• ecological surveys have been undertaken to confirm the presence of any ecological constraints (e.g. trees with bat roost potential)
• environmental improvements have been detailed in the Landscape and Ecological Management Plan (LEMP) – including the provision of bat boxes and bird boxes to provide roosting and nesting opportunities. These will be installed on suitable retained trees in various locations across BREP
• consultation with the Tree Officer at Bromsgrove District Council to discuss tree removal across BREP and Tree Preservation Orders (TPO)

Mitigation measures related to trees:

• all proposed tree works are carried out by a suitably qualified and insured contractor registered with the Arboricultural Association.  The Contractor is required to work in accordance with British Standard (BS) 5837:2012 - Trees in Relation to Design, Demolition and Construction and any tree works is to be carried out in accordance with BS 3998:2010 – “Tree Work - Recommendations.”  The Scheme Arboriculturist is consulted prior to the removal of any trees
• works are carried out in accordance with the Arboricultural Method Statement. It is possible to undertake vegetation clearance during the bird nesting season provided the work is supervised by a suitably qualified and experienced ecologist who has undertaken a survey and confirmed that there are no active nests prior to the works taking place.
• tree protection fencing is installed around retained trees to safeguard the root protection areas (RPA) – particularly those with Tree Preservation Orders (TPO). This will ensure the tree and roots are not damaged by activities on site during construction (e.g. vehicles tracking over roots). The location of tree protection will be confirmed by the Scheme Arboriculturist on site who will also supervise its installation. The Scheme Arboriculturist will also deliver Toolbox Talks to site personnel to detail the tree works, mitigation measures and potential impacts to ensure the protection of retained trees on site
• for the landscape proposals, as many existing trees have been retained as possible. Where trees have required removal to facilitate BREP, as many trees as possible have been planted within the highway boundary, adhering to WCC’s replanting commitment (2:1 ratio) where sightlines, underground services and existing trees/vegetation allow. The Landscape Environmental Management Plan (LEMP), prepared as part of the detailed design of the Scheme, will be implemented during the planting works and there will be a subsequent maintenance period to reduce the risk of failure supplemented by replacement planting where necessary. Where planting has been proposed, it includes native species reflecting those currently found on-site, but with regard to recommendations from Worcestershire County Council’s Landscape Character Assessment Supplementary Guidance. Native planting will be of local provenance, as detailed within the Forestry Commission’s Practice Note on Using Local Stock for Planting Native Trees and Shrubs. BREP’s Arboriculturist oversees the construction work on site to ensure that as many trees as possible are protected and/or retained. The Contractor is also responsible for landscaping and planting the replacement trees under the supervision of WCC
• the trees which are removed will be repurposed into wood chippings and delivered off site to be used as a raw material (for example for landscaping or animal bedding), or processed into biomass fuel

Mitigation measures for landscape and visual receptors and their design and management objectives (related to trees only) are listed below:

• new screen planting, comprising a mix of native and naturalised trees and shrubs to reduce the visual impact of the cumulative scheme and enhance and complement the existing screen planting;
• new native and naturalised tree and shrub planting. To mitigate for specific vegetation loss and restore the sense of enclosure where this is a key characteristic of the landscape or local street scene; 
• new native specimen trees to provide seasonal interest and help replace existing tree and shrub planting removed during construction; and
• new hedges comprised of native and naturalised tree and shrub species. To provide shelter and food for mammals whilst also assisting with screening and landscape integration
• Ash trees (Fraxinus excelsior) are to be inspected on the site for signs of Ash Dieback disease (Hymenoscyphus fraxineus) prior to construction.  All diseased Ash trees are to be removed at the request of the Local Planning Authority.  Once removed, the stumps are to be ground and compensation planting of new native (non-Ash) trees provided. Suitable precautions are to be taken when pruning or removing ash trees to prevent the spread of Ash Dieback disease
• any tree works undertaken take account of all relevant protected species of flora and fauna and comply with all appropriate legislation.  This includes legislation and statutes such as the Wildlife and Countryside Act (1981 as amended), the Countryside and Rights of Way Act (2000), the Environment Act (2021) and the Conservation of Habitats and Species Regulations (2017 as amended) providing statutory protection to birds, bats and other species that inhabit trees.  All tree work operations are covered by these provisions and advice from a suitably qualified ecologist is obtained before undertaking any works that might constitute an offence. Pre-construction surveys are undertaken by a suitably qualified ecologist to check for key habitats and species
• damage to branches/canopies of trees is avoided. If damage occurs, the branch is cut back to leave a clean wound. If access is hindered by a canopy, then access facilitation may be required in accordance with best arboricultural practice (BS3998-2010 - tree work-recommendations). This would need to be agreed with the Arboriculturist
   

The governance process for BREP followed the standard for any Major Road Network (MRN) scheme.

• Three stages of Business Case were submitted to the Department for Transport (DfT):
  • Strategic Outline Business Case (SOBC) – Submitted June 2019
  • Outline Business Case (OBC) – Submitted November 2021
  • Full Business Case (FBC) – Submitted March 2023
• Worcestershire County Council’s Cabinet approved submission of the Business Cases to DfT.  In December 2022, Cabinet supported the submission of the FBC to the DfT. 

The loss of trees was one of the issues raised at the 2020 and 2022 consultations. WCC’s commitment to keep vegetation clearance to a minimum and replace trees on a 2 for 1 basis was stated in the consultation responses. The FBC strategic case as submitted to the DfT and on WCC’s website, includes the loss of trees and reiterates the 2 for 1 commitment, and confirmed that the proposals had been reviewed by the WCC landscaping officer. Appendices to the FBC include the tree survey report, Construction Environmental Management Plan (CEMP), Landscape Ecological Management Plan (LEMP) and Tree Protection Plan.