A34/M4 Junction 13 improvement
Government Office for the South East
Regional Strategy Director
Bridge House
1 Walnut Tree Close
Guildford
GU14GA
Switchboard: 01483 882255
Tel: 01483 88 2260
FAX: 01483 88 2469
GTN: 3011
e-mail: cdixon.gose@go-regions.gov.uk
www.go-se.gov.uk
Our Ref:
Your Ref:
15 October 2002
Dear Sir or Madam
Highways Act 1980
Acquisition of Land Act 1981
A34/M4 Junction 13 improvement
1 I am directed by the Secretary of State for Transport, Local Government and the Regions ("the Secretary of State") to refer to the letter of 27 February 2002 ("the February letter") setting out his decision on draft Orders relating to the proposed improvement of the A34/M4 junction at Chieveley, West Berkshire, which were considered at public inquiries held between 19 September 2000 and 1 June 2001.
2 Paragraph 16 of the February letter stated that the Secretary of State was minded to accept the conclusions of the Inspector (who held the inquiries) in favour of alternative AP5A for revised service area/maintenance depot access arrangements ("AP5A") and alternative AP6 for provision of a bridge for non-motorised traffic over the new A34 ("AP6"). The February letter stated that, before deciding whether the A34 Trunk Road (A34/M4 Junction 13 Improvement) Side Roads (No2) Order 1993 (Variation) Order 200- should be made with the necessary modifications, the Secretary of State would consider any representations about these modifications and that a revised Environmental Statement would be published if necessary. Paragraph 19 of the February letter stated that the Secretary of State had decided to accept the Inspector's conclusions in respect of ground modelling and planting.
3 Paragraph 21 of the February letter stated that the Secretary of State had postponed consideration of that part of the draft A34 Trunk Road (A34/M4 Junction 13 Improvement) Compulsory Purchase Order (No ) 200-, relating to land south of the M4, pending the outcome of the consultations on AP5A and AP6. It stated that the interests concerned would be consulted about the modifications necessary to the deferred part of the draft Compulsory Purchase Order should AP5A and AP6 be adopted, and in. the light of the decisions on ground modelling and planting.
4 The Highways Agency received one representation of support about AP5A and six representations about AP6, of which three expressed support. Of the remaining three, Legal & General Assurance Society (L&G) suggested that a bridleway route should be created around the edge of its property, adjacent to Footpath No 46. Mr and Mrs Wilkins and Mr G Chapple of Snelsmore Cottages were concerned about the effect of AP6 on their properties. With future development of land in their ownership in mind Mrs Mather and Nilpad Limited sought a small change to the alignment of the new length of Chalky Lane shown on the plans sent to those notified in accordance with paragraph 16 of the February letter.
5 The Secretary of State has carefully considered the representations received and agrees with the Highways Agency's responses to them. He has given consideration to the requirements of local and national planning, including the requirements of agriculture. The Secretary of State notes that a revised environmental impact assessment was undertaken to reflect AP5A, AP6 and the ground modelling and planting decisions and he is satisfied that it meets the requirements of European Community Directive 85/337/EEC ("the Directive") as amended by Directive 97/11. He has considered the Environmental Statement addendum published pursuant to section 105A of the Highways Act 1980, which implements the requirements of the Directive.
6 The Secretary of State notes that there were no adverse representations relating to AP5A and notes the support for AP6 at the inquiries and in the representations now received. He is satisfied that the Environmental Statement addendum does not render AP6 undesirable, and notes that planting at the bridge and its approaches is proposed. The Secretary of State also notes that L&G did not, at the inquiries, counter-object to AP6 or put forward the suggestion referred to in paragraph 4 above. He considers that the suggestion would be a longer and less convenient route, of no net benefit to rights of way users and that AP6 is preferable. In the light of the above the Secretary of State has decided that AP5A and AP6 should be adopted, subject to incorporating a small change to the alignment of the new length of Chalky Lane.
7 With regard to the consultations referred to in paragraph 21 of the February letter, about the modifications necessary to the land acquisition should AP5A and AP6 be adopted, agreement has been reached with all the interests concerned in respect of AP5A. It has not been possible to obtain the agreement of L&G to the additional land needed for AP6. The Secretary of State has therefore decided that the deferred part of the draft Compulsory Purchase Order should be made as stated in paragraph 8 below. He has also decided that a Supplementary Compulsory Purchase Order should be published for the land needed for AP6 for which agreement has not been obtained, and for land required for further ground modelling and planting purposes.
8 In the light of the above, the Secretary of State will make as soon as possible:-
a) The A34 Trunk Road (A34/M4 Junction 13 Improvement) Side Roads (No.2) Order 1993 (Variation) Order 2002, as published in draft, subject to modifications providing for AP5A and AP6 and Chalky Lane; and
b) The A34 Trunk Road (A34/M4 Junction 13 Improvement) Compulsory Purchase Order Part 2 (OD No.43) 2002, incorporating the land in that part of the draft Compulsory Purchase Order south of the M4 Motorway subject to:-
i) the deletion of land owned by L&G west of Birds Lane, to reflect the reduced ground modelling and planting proposals on the west side of the new A34 as presented by L&G at the inquiries and accepted by the Secretary of State in paragraph 19 of the February letter;
ii) the deletion of the land required for the original service area/maintenance depot access arrangements and the inclusion of the land needed for AP5A;
iii) the deletion of plots 1/11 and 1/12a in accordance with the Inspector's conclusion and recommendation (paragraphs 9.13.1 c and 10.1 of his report refer) which the Secretary of State accepts.
9 In making the Order referred to at paragraph 8b above, the Secretary of State will exercise his power under section 259 of the Highways Act 1980 which enables him to make a Compulsory Purchase Order so far as it relates to part of the land in the draft Order and provides that, where this power is used, each part shall become a separate Order.
10 Public Notice will be given when the Orders referred to in paragraph 8 above have been 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 in making the Order may, under the provisions of Schedule 2 to 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 Order has been made. The High Court cannot entertain such an application before publication of the notice that the Order has been made.
11 After the making of the Compulsory Purchase Order referred to in paragraph 8 above, the owners and occupiers of 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, the Land Compensation Act 1961 and the Land Compensation Act 1973.
12 A copy of this letter has been sent to those who received a copy of the February letter and those who made representations about the modifications.
Yours faithfully
C M Dixon
Director, Regional Strategy
