The Secretaries' of State statutory decision on highway scheme
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Addressee as on envelope |
Will Wiseman Switchboard: 0115 971 9971
www.go-em.gov.uk
19 January 2006 |
Dear Sir/Madam
Highways Act 1980
Acquisition of Land Act 1981
A1 (A57 and A614 Junction Improvement - Apleyhead)
- I am directed by the First Secretary of State and the Secretary of State for Transport ("the Secretaries of State") to refer to the concurrent public inquiries ("the inquiries) held at the Thoresby Gallery, near Worksop, Nottinghamshire for 4 sitting days from Tuesday, 6 September to Friday, 9 September 2005, before Mr Jack Moffett, BSc, FICE, MIHT, an independent Inspector appointed by the Secretaries of State, to hear objections to, and representations about, the following draft Orders:-
THE A1 TRUNK ROAD (A57 and A614 JUNCTION IMPROVEMENT APLEYHEAD) ORDER 200 (the Line Order);
THE A1 TRUNK ROAD (A57 and A614 JUNCTION IMPROVEMENT APLEYHEAD) (DETRUNKING) ORDER 200 ;
THE A1 TRUNK ROAD (A57 and A614 JUNCTION IMPROVEMENT APLEYHEAD SIDE ROADS) ORDER 200 ;
THE A1 TRUNK ROAD (A57 and A614 JUNCTION IMPROVEMENT APLEYHEAD) (COMPULSORY PURCHASE ORDER) (MP NO. 21) 200 ;
THE A1 TRUNK ROAD (A57 and A614 JUNCTION IMPROVEMENT APLEYHEAD) (No.2) COMPULSORY PURCHASE ORDER (MP NO. 21) 200 .
- The draft Orders, if made, would provide for the replacement of the existing Apleyhead roundabout on the A1 with a new grade separated junction arrangement. This would involve the re-alignment of the existing A1 from a point some 1.1km south east of the existing roundabout to a point some 700m north. The total length of the scheme would be about 1.8km.
The Inspector's Report
- A copy of the Inspector's report is enclosed. In this letter reference to paragraph numbers in the Inspector's report are indicated by the abbreviation "IR". The Inspector concluded overall (IR 8.1 to 8.58) in favour of the published proposals. He recommended at IR 9.1 that the Line Order, Detrunking Order and Side Roads Order be made as published in draft; and the two Compulsory Purchase Orders modified as proposed in IR 8.54 and 8.10, and so modified, be made.
The Decision of the Secretaries of State
- The Secretaries of State have carefully considered all the objections, submissions and representations, and alternative proposals, made orally and in writing, together with the Inspector's report. They have considered the requirements of local and national planning, including the requirements of agriculture.
- The Secretary of State for Transport is satisfied that the environmental impact assessment undertaken for the proposed scheme meets the requirements of the European Community Directive 85/337/EEC ("the Directive") as amended by EC Directive 97/11. He has considered the Environmental Statement published pursuant to section 105A of the Highways Act 1980, which implements the requirements of the Directive, and all the opinions expressed in relation to that statement before taking a decision on whether to proceed with this improvement scheme.
- The Secretaries of State are satisfied that the published scheme accords with the aims and objectives of the Government's Transport White Paper "A New Deal for Transport: Better for Everyone", and its longer term strategy published in the July 2004 White Paper "The Future of Transport: a network for 2030". They also note that the scheme is included in the Government's Targeted Programme of Improvements for a start of works before April 2008, with its commitment to funding the scheme this brings with it.
- In considering the Inspector's report, the Secretaries of State make the following comments on the matters below considered by the Inspector in reaching his recommendations:
The Elkesley Case
- The Secretaries of State, in reaching their decision on the published orders, have had regard to the concerns of the villagers of Elkesley in IR 6 about the need for a new access to their village, the impact of the published scheme on Elkesley without this; the Highways Agency's response in IR 7 and, the conclusions of the Inspector on these matters at IR 8.13 to 8.32. Firstly, the Secretaries of State are satisfied that the published scheme fully meets its primary objective of reducing congestion and improving safety at this junction on this important section of the strategic trunk road network. Secondly, they take the view that the principal concern put forward on behalf of Elkesley residents, about the need for an alternative non-A1 access to the village, is a separate matter which falls outside the scope of the published orders and these inquiries. Nevertheless, the Secretaries of State can confirm that following the public consultation exercise in mid-2005 on a number of options for the improvement of Elkesley, the results of the consultation are being analysed with an aim of announcing a Preferred Route in mid-2006. However, the impact of the published scheme on the village, both during and after construction, and its timing, particularly during the tie-in works, are appropriate matters to be considered in taking a decision on making the published orders. On these matters, the Secretaries of State accept the Inspector's conclusions, leading to his overall conclusion, that the scheme would have little effect on villagers entering or leaving the village. They do, however, fully endorse the Inspector's comment at IR 8.21 that the risk to the village, during the tie-in works, could be minimised and controlled by careful contingency planning by the contractor working closely with the residents and emergency services, and ask the Highways Agency to ensure this is done.
The Draft Line Order
- The Secretaries of State have considered the issues raised at IR 6.45 about the plan attached to the published draft Line Order, alongside the Highways Agency's response at IR 7.41 to 7.43, and the Inspector's conclusions at IR 8.38. They accept that the level of detail used in this plan may be more than that normally seen in these types of Orders. However, the purpose of the Order, with the aid of the plan, is to enable the average person in the street to understand from the Order generally what its effect will be. The Secretaries of State note that the plan shows clearly the centre line of the proposed highway to become a trunk road when the Order is made, which is the purpose of this Order. They are satisfied, on the evidence before them, that no one has been misled or hindered in understanding fully the proposals depicted in this and the other Orders, and take the view that the published Orders comply with the Special Road Schemes and Highways Orders (Procedure) Regulations 1993, made under section 324 of the Highways Act 1980. They are also satisfied that any minor formatting and referencing anomalies in the Orders, referred to in inquiry document GID 1/0/9 Appendix C (IR 7.41), can be corrected upon making of the Orders.
Mr and Mrs G Fridlington
- The Secretaries of State have noted the concerns of Mr and Mrs Fridlington, and others, at IR 5.4 about the occupiers of Chestnut Lodge not having complete and unrestricted access from the eastern end of Old Mansfield Road because a one metre strip of land has been omitted from the Compulsory Purchase Order, and have considered this alongside the Highways Agency's response at IR 7.7 to 7.9. The Secretaries of State are satisfied, on the evidence before them, that despite the determined efforts of the Highways Agency, no proof was found to conclusively determine the existence of this strip of land. Furthermore, they are satisfied, on the available evidence, that there is nothing to prevent Mr and Mrs Fridlington from enjoying access rights along Old Mansfield Road. Accordingly, they accept the Inspector's conclusions on this matter at IR 8.8, and have decided that this is not a matter that prevents the Order from being made.
Accommodation Works
- As the matter of accommodation works has been raised at the inquiries, for the avoidance of any doubt, the Secretaries of State fully endorse the comment of the Inspector that such matters fall outside the scope of the inquiries, and for the purposes of this decision on the published Orders, and are dealt with separately as matters of compensation.
Decision on the published Orders
- Having regard to the above matters, the Secretaries of State agree with the Inspector's conclusions and are satisfied that, together with their comments above, they cover all the material considerations relevant to the scheme as a whole. Accordingly, they accept his recommendations based on those conclusions and have decided to proceed with the published scheme by making the published Orders, subject to the modifications recommended by the Inspector.
Orders to be made
- In the light of the above, the Secretary of State for Transport will shortly make the Orders listed in paragraph 1 above as recommended by the Inspector. The Secretary of State is satisfied that the proposed modifications to the Compulsory Purchase Orders, by deleting plot 3/2A and reducing Plot 5/3 in size from the published Orders, can be made without affecting the legal integrity of those Orders under the provisions in paragraph 5 of Schedule 1 to the Acquisition of Land Act 1981.
- Public Notice will be given when the Orders are made. Any person who wishes to question their validity, or of any particular provision contained in them, on the grounds that the Secretary of State for Transport has exceeded his powers or has not complied with the relevant statutory requirements in making the Orders may, under the provisions of Schedule 2 of the Highways Act 1980 and section 23 of the Acquisition of Land Act 1981, do so by application to the High Court. Such application must be made within six weeks of publication of notice that the Orders have been made.
Compensation
- After the Compulsory Purchase Orders are made the owners and occupiers of the land included in the made Orders will be approached about the amount of compensation payable to them in respect of their interest in the land. If the amount cannot be agreed with the Highways Agency's valuer the matter may be referred for determination to the Lands Tribunal under the Lands Tribunals Act 1949 and the Land Compensation Acts 1961 and 1973.
Availability of Inspector's Report
- A copy of this letter and the Inspector's report has been sent to those who objected, and to any other person, who appeared at the inquiries and asked to be notified of the decision. Any person who is entitled to be supplied with a copy of the Inspector's report may apply to the Secretaries of State within six weeks of receipt of this letter, to inspect any document appended to the report. Any such application should be made to Ian Marshall (telephone 0115 971 2516) at this office and should state the date and time (within normal office hours) when it is proposed to make the inspection. At least three days notice should be given, if possible.
Yours faithfully
Will Wiseman
