LANDSCAPE AND VISUAL IMPACT ASSESSMENT

HARE STREET ROAD BUNTINGFORD LANDSCAPE AND VISUAL IMPACT ASSESSMENT Prepared by ACD Chartered Landscape Architects for Written By: SJD Checked By: JS Date: Document File Ref: TWNT18550lvia Revision: A-

Contents 1.0 Background 2 2.0 Methodology 2 3.0 Receiving Environment 8 4.0 Characteristics of Proposal 22 5.0 Conclusions 24 Appendix 1 Appendix 2 Appendix 3 Viewpoint Location Plan Viewpoint panoramas Masterplan ACD Landscape Architects 1

1.0 BACKGROUND 1.1 ACD Landscape Architects were commissioned by Taylor Wimpey North Thames in July 2012, to carry out a landscape and Visual Assessment of the proposed development site. 1.2 Our brief was to assess the likely visual impact of the development and identify the degree of change over the existing use and site conditions. 1.3 The field survey was carried out during July, and all viewpoints were from public vantage points. 1.4 The assessment was re-visited against revised proposals in. 2.0 METHODOLOGY 2.1 In conjunction with the landscape survey and assessment of the study area, a detailed visual survey has been undertaken in order to assess any potential visual impact of the development. In order to evaluate what the visual impact of the development will be and what can be done to ameliorate the impact, it is necessary to describe the existing situation to describe a basis against which any change can be assessed. 2.2 As a matter of best practice the assessment has been undertaken in accordance with the advisory guidelines set out in the document - Guidelines for Landscape & Visual Impact Assessment Second Edition, published by The Landscape Institute and Institute of Environmental Assessment (2002) and the Countryside Agency s Landscape Character Assessment (2002) 2.3 The landscape assessment includes a baseline study that describes, and evaluates the existing landscape and visual resources, focusing on their sensitivity and ability to accommodate change. 2.4 The prime objective is to minimise the potential impact of the development by reducing its visual impact wherever possible. 2.5 Information regarding the site and surroundings was gathered from Ordnance Survey maps, aerial photographs and on-site observations. 2.6 Landscape has two separate but closely related aspects; Firstly is the impact on the character of the landscape which includes responses which are felt toward the combined effect of the development. The significance of this will depend partly on the number of people affected and also on the judgments about how much the changes will matter in relation to the human senses of those concerned. Secondly, visual impact, in contrast to landscape character, is perhaps less prone to being subjective. Visual impact may occur by means of intrusion and/or obstruction, where visual intrusion is impact on the view without blocking it and visual obstruction is impact on a view that would be hidden by the development. ACD Landscape Architects 2

Table 1: Landscape sensitivity Landscape Sensitivity Very High High Medium Low Description Typically highly valued landscape of international or national landscape or conservation importance such as National Parks, Areas of Outstanding Natural Beauty Typically valued landscape of national or regional landscape or conservation importance such as some Special Landscape Areas Typically valued landscape of regional or local landscape or conservation importance such as some Special Landscape Areas and Areas of Local Landscape Importance Typically undesignated landscape with some local community importance such as parks, recreation areas or value expressed in local publications. ACD Landscape Architects 3

Table 2: Magnitude of Landscape Impact Magnitude Description High Medium Low Negligible Total loss of or major alteration to key valued elements, features, and characteristics of the baseline or introduction of elements considered being prominent and totally uncharacteristic when set within the attributes of the receiving landscape. Would be at a considerable variance with the landform, scale and pattern of the landscape. Would cause a high quality landscape to be permanently changed and its quality diminish. Partial loss of or alteration to one or more key elements, features, characteristics of the baseline or introduction of elements that may be prominent but may not be considered to be substantially uncharacteristic when set within the attributes of the receiving landscape. Would be out of scale with the landscape, and at odds with the local pattern and landform. Will leave an adverse impact on a landscape of recognised quality. Minor loss or alteration to one or more key elements, features, characteristics of the baseline or introduction of elements that may be prominent but may not be uncharacteristic when set within the attributes of the receiving landscape. May not quite fit into the landform and scale of the landscape. Affect an area of recognised landscape character Very minor loss or alteration to one or more key elements, features, and characteristics of the baseline or introduction of elements that are not uncharacteristic when set within the attributes of the receiving landscape. Maintain existing landscape quality, and maybe slightly at odds to the scale, landform and pattern of the landscape. The ratings of magnitude of impact can also have positive, neutral or negative qualities:- Positive - A change which improves the quality of the environment Neutral - A change which does not affect the quality of the environment. Negative - A change that reduces the quality of the environment. ACD Landscape Architects 4

Table 3: Significance of Landscape Impacts Magnitude HIGH MEDIUM LOW Sensitivity LOW MEDIUM HIGH VERY HIGH Moderate adverse Minor/mode rate adverse Minor adverse NEGLIGIBLE Negligible Moderate/Maj or adverse Moderate adverse Minor/modera te adverse Minor adverse Major adverse Severe adverse Moderate/Maj or adverse Moderate adverse Minor/modera te adverse Major adverse Moderate/ Major adverse Moderate adverse 2.7 In order to determine the magnitude of impact for any critical viewpoints of the subject site, whether in the immediate locality or further afield, the assessment of visual impact takes into account the; Sensitivity of the views and viewers (visual receptor) affected; Extent of the proposed development that will be visible; Degree of visual intrusion or obstruction that will occur; Distance of the view; Change in character or quality of the view compared to the existing. 2.8 The locations from which the proposed development will be visible are known as visual receptors. For the purposes of a visual assessment the visual receptors would be graded according to their sensitivity to change. ACD Landscape Architects 5

Table 4: Receptor sensitivity Receptor Sensitivity High Medium Low Description Occupiers of residential properties. Users of outdoor recreational facilities, including public rights of way, whose attention or interest may be focused on the landscape Communities where the development results in changes in the landscape setting or valued views enjoyed by the community. People travelling through or past the affected landscape in cars, on trains or other transport routes where higher speeds are involved and views sporadic and short-lived. People engaged in outdoor recreation where enjoyment of the landscape is incidental rather than the main interest. People at their place of work, Industrial facilities. Table 5: Magnitude of impact Magnitude Description High Medium Low Negligible The development would appear large scale and become then dominant feature of the view. Would result in a significant change in the existing view and permanently diminish the quality and character of the existing view. The development would result in a noticeable change in the existing view and would cause a noticeable deterioration in the quality and character of the view. The development would form recognisable new elements within the overall view and may be readily noticed by the observer or receptor. The development would result in a barely perceptible change in the existing view, without affecting the overall quality or would form an inconspicuous element in the wider landscape that may be missed by the observer or receptor. Only a small part of the development would be discernible and/or it is at such a distance that no change to the existing view can be appreciated. ACD Landscape Architects 6

2.9 The significance of the visual impact is determined by an assessment of the sensitivity of the visual receptor and the magnitude of the visual impact of the proposed development upon the existing view. The significance of visual impact of the proposed development has been graded on a rating of significant, moderate or slight and may be beneficial or adverse. For the purposes of this report slight, moderate and significant refer to adverse visual impacts unless otherwise indicated. Table 6: Significance of impact Magnitude HIGH MEDIUM Sensitivity LOW MEDIUM HIGH Moderate Adverse Minor/moderat e Adverse Moderate/Major Adverse Moderate Adverse LOW Minor Adverse Minor/moderate Adverse NEGLIGIBLE Negligible Negligible/Minor Adverse Major/Severe Adverse Moderate/Major Adverse Minor/moderate Adverse Negligible/Minor Adverse ACD Landscape Architects 7

3.0 RECEIVING ENVIRONMENT 3.1 EXISTING FEATURES 3.1.1 The overall landscape character of the site and its surroundings can be determined as the result of the relationship between landform, land cover, landscape elements and climate. 3.1.2 The site falls within the South Suffolk and North Essex Clayland Character Area (86) as defined by the Countryside Agency in their national assessment. It is transitional to the North Thames Basin Character Area, marking the northern extent of the London Clay. The landscape character of the site is typical of the type: Broadly flat, chalky boulder clay plateau dissected by undulating river valley topography, particularly marked in upper valley reaches, which are much smaller in scale. Predominantly arable with wooded appearance. Some pasture in valley floors. Irregular field patterns despite rationalization, remnant Ancient Countryside. Hedgerow tree of area is elm with hornbeam. Few large woods, but some ancient coppice woods and typical pattern of copses connected by hedgerow. Trees and woods appears to join together to give wooded skyline, with some bare ridgelines. Winding road pattern away from major routes, often with wide verges and strong hedgerows. 3.1.3 The land cover is described generally as follows; This is wooded arable countryside, where hedgerows, copses and woodland blocks combine to give a wooded horizon and sense of distant enclosure, despite the sometimes huge size of the intervening fields. It is primarily agricultural, except on part of the river floors, where pasture and willow pollards contribute to a pastoral quality that is uncommon elsewhere in East Anglia. Oak, ash and field maple are the main species. 3.1.4 The existing site use is as arable fields, bounded by Hare Street Road to the south, a school to the north, housing to the west and open countryside to the east. ACD Landscape Architects 8

3.2 LIMITS TO THE STUDY AREA 3.2.1 The limits to the study area have been determined by field observation and it has not been calculated digitally. This area has been adopted as the main study area, as it surrounds the site and may be considered to be more adversely impacted by physical change. 3.3 VIEWS TO THE SUBJECT SITE 3.3.1 The area from which the study area has been assessed is shown on the accompanying plan Figure 1 (Viewpoint Location Plan). This also indicated the 2.5km maximum distance as suggested by GLVIA Guidelines, but no views are afforded from this distance due to the topography of the area. 3.3.2 The visibility of the site is dependent on a range of factors, including location of viewpoint, distance of view, the angle of the sun, time of year and climatic conditions. Of equal importance will be whether the site is seen completely or in part of the skyline, where land provides a backcloth and where there is a complex foreground or an expansive landscape surrounding the view. The aspect of dwellings and whether it is a main view or one from a secondary window less frequently used is also a consideration. 3.3.3 A photographic study has been undertaken and an extract of the Viewpoint Location Plan is included below. The viewpoints are at varying distances from the site and have been selected to represent potential views seen by the most sensitive receptors from around the site. 3.3.4 The visual impact of these receptors is assessed from these viewpoints and there were no views from Viewpoint 10, which is therefore not included. ACD Landscape Architects 9

ACD Landscape Architects 10

Viewpoint 1 Baseline Description: This viewpoint was taken from the western boundary of the site and represents the view from the garden of the nearest residential properties to the site. The site is fully visible from the viewpoint and the proposed development would extend across the visible area, although there is some boundary vegetation which would be retained. There are no public footpaths to this viewpoint and it represents solely the view from the properties. Sensitivity: Low Predicted change: The boundary landscape would remain, but the field would be replaced with a housing development. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as High, as there would be a noticeable change in the view, which would be a deterioration of the quality and character. For residents, the view would be permanently changed and its quality diminished. Type of Effect: The development would be visible and recognisable and the Significance would be Moderate adverse. Receptor Sensitivity: High, as they are occupiers of residential properties. Magnitude of Impact: High, as the development would be the dominant feature in the view. Significance of Impact: Major/Severe Adverse ACD Landscape Architects 11

Viewpoint 2 Baseline Description: This viewpoint was also taken from the western boundary of the site and further represents the view from the garden of the nearest residential properties to the site. The site is fully visible from the viewpoint and the proposed development would extend across the visible area, although there is some boundary vegetation which would be retained. There are again no public footpaths to this viewpoint and it represents solely the view from the properties. Sensitivity: Low Predicted change: The boundary landscape would remain, but the field would be replaced with a housing development. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as High, as there would be a noticeable change in the view, which would be a deterioration in the quality and character. For residents, the view would be permanently changed and its quality diminished. Type of Effect: The development would be visible and recognisable and the Significance would be Moderate adverse. Receptor Sensitivity: High, as they are occupiers of residential properties. Magnitude of Impact: High, as the development would be the dominant feature in the view. Significance of Impact: Major/Severe Adverse ACD Landscape Architects 12

Viewpoint 3 Baseline Description: This viewpoint was taken from the southern boundary of the site where it is bounded by the Hare Street Road. The site is located in the in the full extent of the viewpoint, with the boundary to the right where the crop-change is visible. The central tree and hedgerow line is clearly visible to the left boundary of the field. This hedgerow divides the development site with the proposed housing located on the other side of the hedgerow. The allotments and cemetery are located within this visual envelope at the northern extent of the field. Sensitivity: Low Predicted change: The agricultural use would change and there would be the impression of development associated with the allotments and cemetery land, but there would be little impression of the housing development from this viewpoint. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Medium, as there would be a noticeable change in the view, but the Significance of the landscape impact would be Minor/Moderate Adverse. Type of Effect: The development of the allotments and cemetery would form recognisable elements in the overall view and would be noticed by the observer or receptor, but the housing development would not. Receptor Sensitivity: Medium to High, as the receptor is generally going to be in a car, but there are walkers on the road as well. Magnitude of Impact: Medium Significance of Impact: Moderate Adverse. ACD Landscape Architects 13

Viewpoint 4 Baseline Description: This viewpoint was taken from the footpath bridge over the A10 bypass route to Buntingford. The site is located in the mid ground, to the centre of the viewpoint, with yellow of the rapeseed crop again defining the eastern extent of the site. Sensitivity: Low, as it is dominated by the urban form of Buntingford. Predicted change: Little perceptible change to the receptor, as the development site is only just visible due to the distance and the roof-lines on the nearest development dominate. The skyline will also remain unchanged. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Negligible, as there would be little noticeable change in the view, and the Significance would also be considered Negligible. Type of Effect: The development would result in a barely perceptible change to the existing view. Receptor Sensitivity: High, as they are users of a footpath. Magnitude of Impact: Low Significance of Impact: Minor/Moderate Adverse ACD Landscape Architects 14

Viewpoint 5 Baseline Description: This viewpoint was taken from south of the site, from Owles Lane immediately north of the former Sainsbury distribution centre. The site is not visible. Sensitivity: Low Predicted change: None Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Negligible, as there would be no change in the view, and the Significance of landscape impact is also Negligible. Type of Effect: The development would not be discernible. Receptor Sensitivity: Medium to High, as they are users of a trafficked lane or a footpath route. Magnitude of Impact: Negligible. Significance of Impact: Negligible. ACD Landscape Architects 15

Viewpoint 6 Baseline Description: This viewpoint was taken from Owles Lane, south-east of the site and before Owles Hall. The site is located in the centre of the viewpoint, on the immediate horizon and defined by the tree-belt. Sensitivity: Low to Medium Predicted change: There will be a barely perceptible change from this viewpoint, with the possibility that the cemetery land could be discerned, but the housing development would not be visible. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Negligible, as there would be a barely perceptible change in the view. The Significance of the landscape impact would also be Negligible. Type of Effect: The development would not be readily noticed by the receptor and it would only be the cemetery or allotment element. These two land uses are soft in character and will not have a distinctive visual impact from the existing landscape. The hard surfaces associated with the parking and access will be well screened by existing and proposed planting. Receptor Sensitivity: Medium, as they are users of a rural lane. Magnitude of Impact: Low Significance of Impact: Minor/Moderate Adverse ACD Landscape Architects 16

Viewpoint 7 Baseline Description: This viewpoint was taken from the public footpath due east of the development site. The site is located in the middle view, but beyond the horizon of this viewpoint created by the natural undulation. Sensitivity: Low Predicted change: Due to the landform, there will be no change to this viewpoint. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Negligible, as there would be no perceptible change in the view. The Significance of the landscape impact would therefore be Negligible. Type of Effect: The development would not be discernible in the overall view and would be not therefore be noticed by the observer or receptor from this viewpoint. Receptor Sensitivity: High, as they are users of a public footpath in the countryside. Magnitude of Impact: Negligible. Significance of Impact: Negligible. ACD Landscape Architects 17

Viewpoint 8 Baseline Description: This viewpoint was taken from the public right of way accessed from The Causeway on the north-eastern corner of the site, with the extent of site again defined by the change of crop to the left of the image, where the rapeseed commences. The site is visible across the full extent of the viewpoint, with the central line of hedgerow and trees clearly visible and defined by the single central break as the link between the two fields. Sensitivity: Low Predicted change: The cemetery land and allotments would be located nearest the receptor from this viewpoint, with the housing development located to the west (farside) of the central hedgerow. The remainder of the site towards the Hare Street Road would remain as open field. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Medium, as there will be the introduction of elements that may be prominent but may not be considered to be substantially uncharacteristic when set within the attributes of the receiving landscape. There would be a noticeable change in the view, although not a significant change in the quality and character. The distant, open views would be replaced by enhanced planting and boundary hedgerows. For users of the public right of way, it would be Minor/Moderate Adverse. Type of Effect: The development would form recognisable elements in the overall view and would be readily noticed by the observer or receptor, although the housing element would be largely screened by the hedgerow and the proposed planting in the foreground associated with the cemetery and allotments. Receptor Sensitivity: High, as they are users of a public right of way. Magnitude of Impact: Medium, as there would be a noticeable change in the view. Significance of Impact: Moderate/ Major Adverse. ACD Landscape Architects 18

Viewpoint 9 Baseline Description: This viewpoint was taken from The Causeway, adjacent to Layston First School (fencing visible to the right of the image), looking south-east towards the site. The site is located to the right of The Causeway and to the rear of the tree screen. Sensitivity: Low Predicted change: There would be an access to the Cemetery Area from The Causeway, although this would not be obvious from this viewpoint, as all vegetation is to be retained. The car park and cemetery would be located to the rear of the tree screen. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Low and the Significance of the landscape impact only Minor Adverse. Type of Effect: The development would be barely discernible in the overall view and would be not readily be noticed by the observer or receptor. There will be one tree lost to facilitate the access road, but mitigated by significant additional planting along the access road and strengthening the planting along The Causeway. Receptor Sensitivity: Medium, as they are users of a trafficked lane. There is a bench in a worn track adjacent the road, but this is not a public right of way and the bench is facing away from the site. Magnitude of Impact: Low Significance of Impact: Minor/Moderate Adverse ACD Landscape Architects 19

Viewpoint 11 Baseline Description: This viewpoint was taken from Hare Street Road due east of the development site, adjacent to the turning for Dragon Cottage. The site is located in the middle distance to the rear of the foreground trees, defined by the boundary trees to the north along The Causeway. Sensitivity: Low Predicted change: Whilst the associated viewpoint 7 afforded no views of the site due to landform, this viewpoint is on higher ground of equivalent height and the Cemetery area will therefore be visible. The allotments are located at a lower ground within the site and are unlikely to be visible. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Low, as there would be a barely perceptible change in the view. The boundary planting associated with the cemetery and allotments would likely be the only visible elements. The Significance of the landscape impact would therefore be Minor Adverse. Type of Effect: The housing development would not be discernible from this viewpoint, but the cemetery area would be visible to the observer or receptor from this viewpoint, although the distance would limit impact. Receptor Sensitivity: High, as they would accessing a public footpath in the countryside. Magnitude of Impact: Low, as there would be a perceptible change, without affecting the overall quality of the landscape. Significance of Impact: Moderate Adverse. ACD Landscape Architects 20

Viewpoint 12 Baseline Description: This viewpoint was taken from the public footpath due eastnorth-east of the development site. The site is located in the middle of the viewpoint, but is largely obscured by the tree on The Causeway an element of the land to be retained as agricultural land can be discerned, but due to distance, is very unclear. Sensitivity: Low Predicted change: Due to the landform, there will be no change to this viewpoint. Magnitude of Change: The magnitude of change at this viewpoint has been assessed as Negligible, as there would be no perceptible change in the view. The Significance of the landscape impact would therefore be Negligible. Type of Effect: The development would not be discernible in the overall view and would be not therefore be noticed by the observer or receptor from this viewpoint. Receptor Sensitivity: High, as they are users of a public footpath in the countryside. Magnitude of Impact: Negligible. Significance of Impact: Negligible. ACD Landscape Architects 21

4.0 CHARACTERISTICS OF PROPOSAL 4.1 The proposed development is for an area of housing in the land immediately to the south of Layston First School, with the primary open space located in a relatively central area of the site, containing attenuation and play facilities. The existing hedgerow with trees running north-south through the middle of the site is retained and re-inforced and a cemetery area is proposed to east of this, accessed via The Causeway. An area for allotments is proposed south of this and is accessed via the existing gap in the hedgerow from the housing development area. The remainder of the area to the east of the hedgerow is to remain as field. 4.2 Initially, the construction of building elements, together with associated traffic, parking, lighting and security fencing can temporarily but substantially change the landscape character of an area and impact upon its existing visual and/or recreational amenity, but this is a temporary phase. 4.3 In order to achieve the minimum adverse impact, together with the optimum benefit for landscape character and visual amenity, the proposals should provide environmental enhancement and make a positive contribution to the landscape, not only of the development itself, but to its wider setting. This should include visual screens as close to the viewer as possible. Its principal objectives are to:- Screen views from residential areas Assist visual integration of the development Provide an internal site landscape structure and enhance internal road corridors Reinforce the opportunity to maintain wildlife corridors at the site boundaries. 4.4 From the viewpoint assessments, the scale and nature of the development and its juxtaposition to other urban development will generally only have a Minor Adverse landscape impact. 4.5 The visual impact and the significance of the impacts of the development will generally only be Minor/Moderate Adverse. ACD Landscape Architects 22

5.0 CONCLUSION 5.1 From the viewpoint assessments, the scale and nature of the development and its juxtaposition to other urban development will generally only have a Minor Adverse landscape impact. 5.2 The visual impact and the significance of the impacts of the development will generally only be Minor/Moderate Adverse. 5.3 The development is very specifically split into two areas, with the housing development located adjacent to the school and existing residential development and the less visually intrusive elements of the cemetery and allotments located to the east, adjacent to the open countryside. 5.4 Whilst the viewpoint assessment has shown that there is only limited impact on the wider landscape and receptors, by way of landscape mitigation, the following elements are recommended and included: Screen views from residential areas with additional boundary and internal screen planting, with the location of open space minimising visual impact on existing houses. Assist visual integration of the development with retention of existing landscape features and the provision of additional native boundary hedgerow and trees on the eastern and southern boundaries of the site. Provide sustainable internal site landscape structure and internal road corridors to soften the form of development. Use predominantly native planting on the boundaries and open spaces to provide added bio-diversity and maintain wildlife corridors. 5.5 The integration of the development in its proposed form and with suitable mitigation features will ensure that there is minimal impact on the surrounding areas. ACD Landscape Architects 23

APPENDIX 1 - VIEWPOINT LOCATION PLAN

APPENDIX 2 VIEWPOINTS Viewpoint 1 Viewpoint 3 Viewpoint 7

Viewpoint 9 Viewpoint 11 ACD Landscape Architects 2

APPENDIX 3 MASTERPLAN

ACD LANDSCAPE ARCHITECTS THE OLD BYRE RODBOURNE RAIL BUSINESS CENTRE GRANGE LANE MALMESBURY WILTS SN16 0ES TEL: (01793) 825646 FAX: (01793) 824654 email: mail@acdlandscape.co.uk CONTACT: JOHN CONSTABLE ACD ECOLOGY LTD RODBOURNE RAIL BUSINESS CENTRE GRANGE LANE MALMESBURY WILTSHIRE SN16 0ES TEL: (01666) 825646 FAX: (01666) 824654 email: mail@acdecology.co.uk CONTACT: DUNCAN MURRAY ACD ARBORICULTURE LTD TANNERS LOWER STREET HASLEMERE SURREY GU27 2PE TEL: (01483) 425714 FAX: (01428) 641090 email: m.welby@acdarb.co.uk CONTACT: MARK WELBY ACD (LANDSCAPE ARCHITECTS) SOUTHAMPTON LTD 12 SOUTHGATE STREET WINCHESTER HAMPSHIRE SO23 9EF TEL: (01962) 855604 email: a.wells@acdlandscape.co.uk CONTACT: ANNETTE WELLS ECOLOGY * ARBORICULTURE * ARBORICULTURAL SITE MONITORING AND SUPERVISION LANDSCAPE & VISUAL IMPACT ASSESSMENT * LANDSCAPE DESIGN & PLANNING * LANDSCAPE MANAGEMENT * LANDSCAPE AUDIT * PROJECT MANAGEMENT ** EXPERT WITNESS