A1 Wetherby to Walshford

Government Office for Yorkshire and the Humber

John Jarvis
Director, Regional Affairs
Regional Group
PO Box 213
City House
New Station Street
Leeds
LS1 4US

Enquiries: 0113 280 0600
Direct Line: 0113 283 6407
Fax: 0113 283 6658

Email: jjarvis.goyh@go-regions.gsi.gov.uk

Our Ref: NRP 6/3/132
Your Ref:
Date: 30 September 2002

Dear Sir/Madam

Highways Act 1980
Acquisition Of Land Act 1981

A1 Wetherby to Walshford

1. I am directed by the Secretary of State for Transport, Local Government and the Regions ("the Secretary of State") to refer to the concurrent public local inquiries ("the inquiries") held at Bridge Inn, Walshford, for 4 days between 14 and 17 May 2002 before Mr W K Hutchison CBE, an independent Inspector nominated by the Lord Chancellor and appointed by the Secretary of State, to hear objections to, and representations about, the following draft Orders:-

The Al Motorway (Kirk Deighton New Junction to Walshford Section Supplementary Side Roads) Order 200;

The Al Trunk Road (Wetherby to Kirk Deighton New Junction Side Roads) Order 1994 (Variation) Order 200 ;

The Al Motorway (Kirk Deighton New Junction to Walshford Section Side Roads) Order 1994 (Variation) Order 200 ; and

The Al Motorway (Wetherby to Walshford Section) Supplementary Compulsory Purchase Order (No.) 200.

2. The draft Orders add to and vary Orders made in 1994 relating to the provision of a new section of A1 Trunk Road between Wetherby in West Yorkshire and Walshford in North Yorkshire. They would, if made, authorise the closure of slip roads at the existing A1/York Road junction, the provision of a new link road from the new Kirk Deighton grade separated junction to York Road, alterations to existing highways and private means of access, and the acquisition of the necessary land, all at Wetherby.

The Inspector's Report

3. A copy of the Inspector's report is enclosed. In this letter references to paragraph numbers in the Inspector's report are indicated by the abbreviation "IR".

4. The Inspector's conclusions are at paragraphs IR 6.1 to IR 6.41. He concluded that the objections and representations do not constitute grounds for not proceeding with the proposals (IR 6.40). He recommended that the Orders should be made as drafted (IR 7.1).

The Decision of The Secretary Of State

5. The Secretary of State has carefully considered all the objections and representations, both oral and written, and the Inspector's report, together with a representation since the inquiries from the Parish Council of Tockwith with Wilstrop. He has considered the requirements of local and national planning, including the requirements of agriculture.

6. The Secretary of State is satisfied that improvement of the A1 between Wetherby and Walshford accords with the aims and objectives of the Government's White Paper "A New Deal for Transport: Better for Everyone" and notes that the scheme is included in the Government's Targeted Programme of Improvements (TPI). He has also noted that a scheme for improvement of the A1 to motorway standard southwards from Wetherby to Bramham was added to the TPl on 25 June 2002.

7. Subject to the matters dealt with in paragraphs 8 to 10 below the Secretary of State agrees with the Inspector's conclusions and accepts his recommendation in respect of the Orders before the inquiries.

8. The Secretary of State has noted the Inspector's conclusions in IR 6.19 to 6.23 and 6.39 g and i about an increase of local traffic arising from the draft Order proposals. He takes the view, on the available evidence, that it is not certain traffic will increase in Wetherby but he is satisfied that should any increase occur it can be managed and notes that the local highway authority has considered possible town centre traffic management measures. The local highway authority will wish, in consultation with the Highways Agency, to keep under review the need for local traffic management measures resulting from improvements to the A1 Trunk Road. The Secretary of State considers that the provision of traffic management measures on the B6164 is a matter for the local highway authority.

9. The Secretary of State notes; the Inspector's comments at I R1.9 and his conclusions in IR 6.12 to 6.14 and 6.39 k and I about pedestrian, cyclist and equestrian provisions on York Road bridge. The Secretary of State takes the view that shared facilities should reflect the circumstances of each case and he notes that in response to views expressed the Highways Agency widened the York Road bridge to accommodate shared use. He confirms that the Highways Agency will consult further with interested parties on the shared facilities to be adopted on the new bridge and its approaches and consider whether infilled bridge parapets can be provided to reduce the likelihood of horses seeing traffic passing below. Any arrangements agreed will be included in the Design, Build, Finance and Operate contract under which the Wetherby to Walshford improvement will be built. Facilities on York Road beyond the bridge approaches are a matter for the local highway authority.

10. In response to the concerns of residents of Netherdale Court (IR 4.47 to 4.49) the Secretary of State will ask the Highways Agency to provide the strengthened safety barrier referred to at I R 5.11.

11. The Secretary of State notes that the post-inquiry correspondence from the Parish Council relates to planting where the new A1 between Wetherby and Walshford will cross the River Nidd, near Walshford. He notes that this is not a matter relevant to the draft Orders before the inquiries and suggests the Parish Council discusses this matter direct with the Highways Agency.

Orders to be made

12. In the light of the above the Secretary of State will make the Orders listed in paragraph 1 above, as published in draft, as soon as possible.

Right of challenge

13. Public Notice will be given when the Orders referred to in paragraph 1 are made. Any person who wishes to question the validity of a made Order, or of any particular provision contained in it, on the grounds that the Secretary of State has exceeded his powers or has not complied with the relevant statutory requirements may, under the provisions of Schedule 2 to the Highways Act 1980 or 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 the notice that the Order has been made.

Compensation

14. After the making of the Compulsory Purchase Order the owners and occupiers of the land included 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

15. A copy of this letter and the Inspector's report has been sent to all objectors, supporters, those who made representations and to any other person who appeared at the inquiries and asked to be notified of the Secretary of State's decision. Any person who is entitled to be supplied with a copy of the Inspector's report may apply to the Secretary of State within 6 weeks of receipt of this letter to inspect any document appended to the report.

Any such application should be made to Catherine Marsh, at the Government Office for Yorkshire and the Humber, City House, New Station Street, Leeds LS1 4US (telephone 0113 283 6437).

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

John Jarvis