A449 Coven to Gailey Improvement Scheme

Print Print page   Download PDF PDF image

Government Office for the West Midlands

Dear Sir/Madam

HIGHWAYS ACT 1980
ACQUISTION OF LAND ACT 1981

A449 COVEN TO GAILEY IMPROVEMENT SCHEME

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 the South Staffordshire District Council Offices, in Codsall, Staffordshire on 26, 27 and 28 June 2001 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 A449 Wolverhampton to Stafford Trunk Road (Coven to Gailey Junction Improvements, Side Roads) Order 20 ("SRO") ; and

The A449 Wolverhampton to Stafford Trunk Road (Coven to Gailey Junction Improvements) Compulsory Purchase Order (PS No. ) 20 ("C PO").

THE SCHEME

2. The primary purpose of the overall scheme, as stated by the Highways Agency ("the Agency") at the inquiries, is to improve road safety for traffic using the A449 between Coven roundabout and Gailey roundabout by improving or closing the 15 gaps in the central reservation along its length of some 4.4 kilometres, five of which are junctions or crossroads. Eleven gaps would be closed. For the purpose of identification in this decision letter and in the Inspector's report, these gaps are numbered 1 to 15 from Coven roundabout in the north .

3. The SRO, if made, would authorise the Secretary of State to, improve the adjoining local side roads to the A449, stop-up private means of access and provide new means of access - all in the vicinity of the C184 Somerford Lane/Station Drive junction (gap 9) and the Standeford crossroads (gap 12). The draft CPO, if made, would authorise the purchase of 747 square metres of land 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 Agency at IR 3.1 to 3.30 and the case for the objectors at IR 4.1 to 4.34 including the Agency's response thereto. The Inspector's conclusions are at IR 5.1. to 5.29 and his recommendations at IR 6.1.

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 11 gaps to be closed in the central reservation of the A449 identified in the Agency's scheme. It is further noted that such an order had not been published in sufficient time to enable it to be a matter formally before the inquiries. 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.

8. The purpose of the public local inquiry is to inform the Secretary of State of the weight and nature of objections to the published draft orders. However, it is clear from the Inspector's report that the objections made at the inquiries were directed at the proposed closure of certain gaps in the central reservations rather than the matters to which the orders apply. In fact, the Inspector recorded at IR5.28 that there were no objections to the works proposed in the SRO nor to the land to be purchased under the CPO.

9. It is noted that the Inspector decided for the purpose of his report that the inquiries were into the scheme at large and issues were raised which were wider than the road alterations and land purchase that were the subject of the published draft SRO and CPO. He duly recorded these matters in his report and went on to address them in his conclusions and recommendations. The Secretary of State does not, however, accept that the Inspector's decision to extend the scope of the inquiries in this way is procedurally correct as it exceeds the purpose of the inquiry by taking into consideration matters not directly involved in the two published orders.

10. For the reasons explained in paragraph 7 above, the Secretary of State is only required in this letter to give a decision on the published draft orders. He also takes the view that he cannot, in the context of this decision, comment on the objections raised about the proposed gap closures as this could be seen as prejudicing his position on any decision by him on the making of the gap closure order which remains outstanding.

11. The Secretary of State accepts that there were no objections to the matters referred to in the two published orders. He would in these circumstances normally be minded to make the SRO and CPO as published in draft. However, the Inspector recorded at IR 4.6 and in the summary at IR 4.34 that objectors were concerned no assessment had been made of the possible adverse effect of the scheme on farming interests that straddle the A449. To this the Agency responded, as recorded at IR 4.7, that farming interests, like any other businesses, had not been specially considered. The Inspector went on to state at IR 5.6 that the Agency in due course accepted that this objection was valid.

12. Under the provisions contained in section 10 of the Highways Act 1980 the Secretary of State is required to take into consideration, when reaching his decision, the requirements of local and national planning, including the requirements of agriculture which for this purpose are set out in Planning and Policy Guidance Note 7 (PPG7) "The Countryside: Environmental Quality and Economic and Social Development", as amended in March 2001. On the facts he has noted in paragraph 11 above, the Secretary of State cannot, in the knowledge that the requirements in section 10 of the 1980 Act had not been complied with, take a decision on the orders at this stage.

13. The Secretary of State has therefore decided, in these circumstances, that the most appropriate action is for the Agency to look again at the scheme at large and to reappraise their proposals in the light of the concerns raised in this letter.

NEXT STAGE

14. Before reaching a final decision on the SRO and CPO the Secretary of State wishes to consider the Agency's reappraisal of the scheme. He will seek the views of interested parties if on receipt of the appraisal he considers it to include any proposals that amount to a substantial change from the original proposals, or differ substantially from the alternative proposals discussed at the inquiries. A further letter will be issued in due course.

Yours faithfully

PHILIPPA HOLLAND