A419 Calcutt access roads

Government Office for the South West

Richard Bayly
Director
Devon and Cornwall
Mast House
Shepherds Wharf
24 Sutton Road
Plymouth PL4 OH)
Tel: 01752 635064
Fax: 01752 227647
e-mail: rbayly.gosw@go-regions.gsi.gov.uk

20 June 2002

Dear Sir/Madam:

HIGHWAYS ACT 1980
ACQUISITION OF LAND ACT 1981

A419 CALCUTT ACCESS ROADS

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 held at Cricklade United Church, Cricklade, Wiltshire between the 8 and 10 January 2002 before Mr A L Roberts, CB CBE AFC FRAeS, 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 A419 Trunk Roads (Calcutt Access Roads) (Side Roads) Order 200; and
The A419 Trunk Road (Calcutt Access Road) Compulsory Purchase Order (PS NO ) 200.

THE SCHEME

2. The purpose of the scheme is to improve safety for road users and residents by closing, along a 625m length of dual carriageway on the A419 trunk road through Calcutt, direct vehicular access from the trunk road to residential properties, farms and fields. The four gaps currently in the central reserve along this length of carriageway would also be closed and a safety fence installed. The works would include two new access roads, one on either side of the A419, that connect at points to the east and west of the A4040. These would provide access to the rear of properties fronting the A419. In addition, a new roundabout on the B4040 to the west of the A419 would be constructed to provide turning in all directions at this location. At the junction of the proposed eastern access road and the B4040, to the east of the A419, the existing carriageway would be widened to accommodate the construction of a right turn lane. The scheme also includes provision of a flood compensation area.

3. The SRO, if made, would authorise the Secretary of State to, improve the adjoining local side roads, stop-up private means of access and provide new alternative means of access to properties fronting the A419. The draft CPO, if made, would authorise the purchase of land and rights associated with the works carried out in the SRO.

THE INSPECTOR'S REPORT

4. The Inspector has considered all the objections to, and representations about, the draft orders made in writing and orally, together with the suggested alternative proposals put to him at the inquiries, and has submitted his report to the Secretary of State. References in this letter to the Inspector's report are indicated by the abbreviation "IR" followed by the paragraph number in the report. A copy of this report is enclosed with this letter.

5. The Inspector's report summarises the case for the Highways Agency ("the Agency") at IR 4.1 to 4.29, the case for the supporters at IR 5.1 to 5.4, and the case for objectors at IR 6.1 to 6.2.16 including the Agency's response thereto. Three Alternative proposals were submitted and these are summarised at IR 7.00 to 7.3.9 together with the counter-objections made against them and the Agency's response. Other representations received are summarised at IR 8.1. The Inspector's conclusions are at IR 9.1 to 9.22.3 together with his proposed modifications to the published orders at IR 9.23.1 and 9.23.3. His recommendations are at IR10.1.

THE SECRETARY OF STATE'S DECISION

6. The Secretary of State has considered carefully all the objections to, and representations about, the draft orders. In reaching his decision he has also considered the Inspector's report.

7. In his consideration of these matters the Secretary of State has noted that to complete the overall scheme, as promoted by the Agency, this will require, in addition to the matters identified in the published draft SRO and CPO, an order made under the Road Traffic Regulation Act 1984. This is needed to prohibit vehicles from using the 4 gaps to be closed in the central reservation of the A419 identified in the Agency's scheme. This gap closure order is being pursued by the Agency separately from the published SRO and CPO. For these reasons this order is not a matter before the Secretary of State for the purposes of this decision and a separate decision will be issued in due course.

8. The Secretary of State is satisfied that the environmental impact assessment undertaken for the proposed scheme meets the requirements of 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 at the Inquiries and in writing in relation to that statement.

9. The Secretary of State fully endorses the Inspector's conclusion at IR 9.4 that there is an urgent need for this scheme for the reasons he explained at IR 9.2 and 9.3. The Secretary of State also accepts the Inspector's conclusions, for the reasons he gave, on all the others matters raised. The only matter the Secretary of State needs to consider further is in regard to Alternative 3, the provision of an alternative private means of access to Dance House Farm.

10. The Inspector concluded at IR 9.19.5 that Alternative 3 was worthy of further investigation although he did not recommend positively that it should be adopted in preference to the proposal in the published scheme. In arriving at this conclusion he recorded at IR 9.19.5 that additional landtake was required when compared to the published arrangement and it could not be made to work without the need of appropriate accommodation works. Nevertheless, the Secretary of State is satisfied that, on balance, after taking all matters into account, Alternative 3 has certain advantages to offer over the published arrangement and has therefore decided that the Agency should be asked to consider this further.

11. In taking this decision the Secretary of State is mindful that this scheme is required urgently and any unnecessary delay in the making of the published orders should be avoided. However, the Secretary of State is satisfied that consideration of this alternative means of access is justified in the circumstances and need not hold up the making of the published orders if, as suggested by the Inspector at IR 9.21.1, those aspects of the scheme dependent on whether or not Alternative 3 is adopted, are deleted from the published orders. Although this is seen as an expedient way of making the published orders it is, nevertheless, imperative for the effectiveness of the whole scheme that it is implemented in full and the outstanding matters resolved as soon as possible.

12. The Secretary of State takes the view that the aspects of the scheme dependent on the outcome of Alternative 3 are the stopping-up of the current private means of access fronting the A419 to Ladysmith House, that to Dance House Farm outbuildings, and to field number 1234. Furthermore, the removal of these works from the SRO would make it unnecessary, at the present time, to provide new means of access to Ladysmith House and Dance House Farm outbuildings from the new western access road.

13. The Secretary of State accepts, subject to the following amendment, the Inspector's recommended modifications at IR 9.23 to the published orders to allow them to be made. However, he does not consider that these alone are sufficient to allow continued unfettered access to all the properties concerned pending a decision on Alternative 3 when the modified SRO is made. The Secretary of State therefore proposes, in addition to the modifications in IR 9.23, to delete also the two new private means of access that are denoted by the reference numbers 19 and 21 in the schedule to the published SRO.

14. The deleted aspects of the scheme from the published SRO and the outcome of the Agency's consideration of Alternative 3, will be the subject of a supplementary SRO to be published in due course together with a supplementary CPO for any additional landtake required.

MAKING OF THE ORDERS

15. In accordance with the decision conveyed by this letter, the Secretary of State will make, as soon as possible, the two orders described at paragraph 1 above, subject to the agreed modifications at IR 9.23.1 to 9.23.3 and taking into account the additional amendment set out in paragraph 13 above. As there were no objections to the supplementary CPO the Secretary of State will also make this order as published in draft as soon as possible.

16. Public notice will be given when the orders are made. Any person who wishes to question the validity of a made order, or of any particular provision made 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 orders may, under the provisions of Schedule 2 to theHighways 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. The High Court cannot entertain an application under Schedule 2 or section 23 before publication of the notice that the Secretary of State has made the orders.

COMPENSATION

17. The owners and occupiers of land included in the Compulsory Purchase Order will be approached about the amount of compensation payable in respect of their interest in the land required for the scheme. If the amount cannot be agreed with the Agency's Valuer the matter may be referred to the Lands Tribunal for determination under the Lands Tribunal Act 1949 and the Land Compensation Act 1973.

AVAILABILITY OF INSPECTOR'S REPORT

18. A copy of this letter, together with a copy of the Inspector's report, has been sent to all objectors and to any other person who, having appeared at the Inquiries, has 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, photograph, or plan appended to the report. Any such application should be made to Eddie Shimmin at the Government Office for the South West, 2 Rivergate, Temple Quay, Bristol, BS1 6ED (0117-900-1831). 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 sincerely

R D BAYLY
Director Transport