A34/M4 Chieveley junction improvement
Government Office for the South East
David Cooper OBE
Transport Director
Bridge House
1 Walnut Tree Close
Guildford
GUI 4GA
Switchboard: 01483 882255
Tel: 01483 88 2270
FAX: 01483 88 2469
GTN: 3011 2270
E-Mail: gose.info.gose@go-regions.gov.uk
www.go-se.gov.uk
Our Ref. NRP 6/3/115
Your Ref
28 May 2003
Dear Sir/Madam
Highways Act 1980
Acquisition of Land Act 1981
A34/M4 junction 13 improvement
1. I am directed by the First Secretary of State and the Secretary of State for Transport ("the Secretaries of State") to refer to the public local inquiry ("the inquiry") held at Chieveley Parish Hall, Chieveley, Berkshire, on 25 February 2003 before Mr M Ellison MA (Oxon), an independent Inspector nominated by the Lord Chancellor and appointed by the Secretaries State, to hear representations about the A34 Trunk Road (A34/M4 Junction 13 Improvement) Supplementary Compulsory Purchase Order (No OD )200.
2. The draft Order relates to the acquisition of land for the construction of a bridleway bridge as part of the improvement of the A34/M4 junction near Chieveley, West Berkshire.
3. At the inquiry the Highways Agency requested that the Order be modified to reflect agreement reached with Legal & General Assurance Society (L&G) on the reduced amount of L&G land to be included in the Order, the agreement having resulted in the withdrawal of L&G's objection.
The inspector's report
4. A copy of the Inspector's report is enclosed. The Inspector noted the agreement reached between the Highways Agency and L&G and recommended (report paragraph 7.1) that the Order should be made modified in accordance with that agreement.
The decision of the Secretary Of State
5. The Secretaries of State have carefully considered the representations made and the Inspector's report. They have considered the requirements of local and national planning, including the requirements of agriculture.
6. The Secretaries of State have noted the agreement reached between the Highways Agency and L&G. They accept the Inspector's recommendation.
Order to be made
7. In the light of paragraph 6 above the Secretary of State for Transport will shortly make the Supplementary Compulsory Purchase Order, as published in draft, subject to the modifications recommended by the Inspector.
8. Public Notice will be given when the Order is made. Any person who wishes to question its validity, or of any particular provision contained in it, 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 Order may, under the provisions of section 23 of the Acquisition of Land Act, do so by application to the High Court. Such application must be made within six weeks of publication of notice that the Order has been made.
Compensation
9. After the Order has been made the owners and occupiers of the land in the made Order 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 Tribunal Act 1949 and the Land Compensation Acts of 1961 and 1973.
Availability of inspector's report
10. A copy of this letter and the Inspector's report has been sent to L&G and those who made representations. Any person who is entitled to be supplied with a copy of the Inspector's report may apply to the Secretary of State for Transport within 6 weeks of receipt of this letter, to inspect any document appended to the report. Any such application should be made to Graham Hanson, Government Office for the South East, Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4GA (Tel: 01483 882337). Applications 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
David Cooper OBE
Director, Transport
