A21 Lamberhurst bypass

Government Office for the South East

Mark Bilsborough
Director for Kent
Bridge House
1 Walnut Tree Close
Guildford
GU1 4GA

Switchboard: 01483 882255
Tel: 01483 882500
FAX: 01483 882539
GTN: 3011

e-mail: mbilsborough.gose@go-regions.gov.uk
www.go-se.gov.uk

15 November 2002

Dear Sir or Madam

Highways Act 1980
Acquisition of Land Act 1981

A21 Lamberhurst bypass
Modifications to the approved scheme

1. I am directed by the Secretary of State to refer to the concurrent public local inquiries ("the inquiries") held at the Bewl Water Visitor Centre, Lamberhurst, Kent, for 17 sitting days between 23 April and 7 June 2002 before Mr A B Blackley CBE, AFC, BSc, 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 A21 Trunk Road (Lamberhurst Bypass Revocation and Side Roads Variation) Order 200; and,

The A21 Trunk Road (Lamberhurst Bypass) Supplementary Compulsory Purchase Order (No...) 200.

Mr Colin Ball RIBA, IHBC, FRSA was appointed as an assessor to assist the Inspector on cultural heritage matters.

2. The draft Orders relate to proposed alterations to the A21 Lamberhurst Bypass scheme, approved in 1996, to allow the access drive to Scotney Castle Estate to remain on its current alignment by providing a landbridge over the bypass ("the Proposed Scheme").

3. At the start of the Inquiries the Highways Agency asked for modifications to the Proposed Scheme to be considered ("the Modified Scheme"). The purpose of the Modified Scheme, described at paragraphs 3.39 to 3.43 of the Inspector's report, was to overcome many of the objections to the Proposed Scheme particularly those relating to the proposals at the junction of A21 with the B2169, while still retaining the heritage objectives of the landbridge.

The inspector's report

4. A copy of the Inspector's report is enclosed. This includes the assessor's report on cultural heritage matters at Appendix A. In this letter references to paragraph numbers in the Inspector's report are indicated by the abbreviation "IR".

5. The Inspector conclusions are set out at IR 6.1 to 6.120. He concluded in favour of the Modified Scheme (IR 6.87). He recommended that the Orders be modified as proposed at IR 3.50 and 3.51 and, so modified, be made (IR 7.1).

The Secretary of State's decision

6. The Secretary of State has carefully considered all the objections, alternative proposals, counter objections, representations and expressions of support made, both oral and written, together with the Inspector's report. He has considered the requirements of local and national planning, including the requirements of agriculture.

7. The Secretary of State is satisfied that the Lamberhurst Bypass 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.

8. The Secretary of State accepts the Inspector's conclusion at IR 6.87 that the Modified Scheme would meet the heritage objective of mitigating damage to Scotney Castle Estate and would give added environmental benefits over the Proposed Scheme. He also endorses the Inspector's view in this paragraph of his report that the mitigation proposals are so desirable as to make the Modified Scheme of national importance. The Secretary of State is satisfied that the modifications to the Proposed Scheme do not amount to a "substantial change" to the published Orders that would bring into effect the provisions of paragraph 8(3) to Schedule 1 of the Highways Act 1980. He agrees with the Inspector's conclusions and recommendation and has decided to proceed with the Modified Scheme.

9.The Secretary of State also notes and agrees with the statement of the Inspector IR 6.62 that the matter raised by Kent County Council is outside the scope of the inquiry.

Legal Submissions

10. The Secretary of State has carefully considered the legal submissions made, and the views of the Highways Agency on them, recorded at IR 5.87 to 5.92 and 6.102 to 6.107. He considers that equivalent re-instatement and betterment are matters which properly relate to compensation and not relevant, therefore, to the inquiries. Accordingly, the Secretary of State is satisfied that nothing is raised here which effects his decision in his letter.

11. With regard to the submission concerning human rights recorded at IR 5.89, 5.92 6.106 and 6.107, the Secretary of State is satisfied that the decision taken in this letter and the provisions in the primary legislation, under which it was taken, are compatible with the European Convention on Human Rights. Furthermore, in respect of that part of the decision that relates to the acquisition of land that may affect the peaceful enjoyment of that land, the Secretary of State is also satisfied that his decision has been taken in the wider public interest and is proportionate to the objective of the published scheme.

Costs

12. The Secretary of State notes that Tunbridge Wells Borough Council and Kent County Council both made applications at the inquiries for their costs against the Highways Agency on the grounds of unreasonable behaviour, and that on hearing their respective submissions, the Inspector provided a costs report for the Secretary of State's consideration. He takes the view that this is a matter separate from the making of the published Orders and the decision conveyed in this letter. He, therefore, proposes to deal with this matter in a separate letter to the parties concerned.

Orders to be made

13. In accordance with the decision conveyed by this letter, the Secretary of State will make, as soon as possible, the Orders described at paragraph 1, subject to the modifications at IR 3.50 and 3.51.

14. Public Notice will be given when these Orders are made. Any person who wishes to question their validity, or of any particular provision contained in them, on the ground: that the Secretary of State 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 the notice that the Orders have been made.

Compensation

15. 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 Land Tribunal under the Land Tribunals Act 1949 and the Land Compensation Act of 1961 and 1973.

Availability of the inspector's report

16. Copies of this letter and the Inspector's report have been sent to all objector: 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 six weeks of receipt of this letter, to inspect any document appended to the report. Any such application should be made to Maureen Pullen, at the Government Office for the South East, Bridge House, 1 Walnut Tree Close, Guildford, Surrey. GU1 4GF 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

Mark Bilsborough
Director for Kent