A64 Trunk Road (Colton Lane Junction Improvement)

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Government Office for Yorkshire and The Humber

John Jarvis
Director, Regional Affairs Regional Group
Government Office for Yorkshire & The Humber
PO Box 213
City House
New Station Street
Leeds
LS1 4US

Enquiries: 0113 280 0600
Direct Line: 0113 283 6407
Fax: 0113 283 6658
jjarvis.goyh@go-regions.gsi.gov.uk

Date: 20 June 2002

Dear Sir/Madam

HIGHWAYS ACT 1980 ACQUISITION OF LAND ACT 1981 ROAD TRAFFIC REGULATION ACT 1984

A64 TRUNK ROAD (COLTON LANE JUNCTION 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 concurrent public local inquiries ("the inquiries") held at Askham Bryan College, Askham Bryan, for 6 days between 12 September and 13 November 2001 before Mr F D Woodrow, MA (Cantab), DipTP, CEng, MICE, MINT, FRTPI, FIMgt, FRSA, 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 A64 Trunk Road (Colton Lane Junction Improvement Side Roads) Order 200
The A64 Trunk Road (Colton Lane Junction Improvement) Compulsory Purchase Order (No PS ) 20 ; and

The A64 Trunk Road (Steeton House and Redhill Field Lane) (Prohibition of Use of Gaps in Central Reservation) Order 20 .

2. The draft Orders relate to the proposed improvement of the existing A64 trunk road and junction at Bilbrough Top, between Tadcaster and Copmanthorpe, south-west of York.

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 concluded in favour of the published proposals (IR 12.1 to 12.30). He recommended that the Side Roads and Compulsory Purchase Orders should be made with modifications and that the Gap Closure Order should be made provided the Side Roads and Compulsory Purchase Orders were also made (IR 3.1 to 13.3).

THE DECISION OF THE SECRETARY OF STATE

5. 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.

6. The Secretary of State notes that the A64 trunk road at Bilbrough Top is below current design standards and has a high accident rate and is satisfied that urgent action is necessary to improve safety there.

7. The Secretary of State is satisfied that the published scheme accords with the aims and objectives of the Government's White Paper "A New Deal for Transport: Better for Everyone" and notes that it is part of the Highways Agency's strategy to improve safety on the A64.

8. The Secretary of State is satisfied that the published scheme is justified, will achieve its aims and offers the best sustainable solution taking into account all relevant factors. Subject to the matters dealt with in paragraphs 9 to 14 below the Secretary of State agrees with the Inspector's conclusions and recommendations and has decided to proceed with the published scheme. He confirms that an archaeological survey will be carried out before construction starts and that the Highways Agency will consult the local highway authority and bus operators about the location of bus facilities.

Service Area Signing

9. The Secretary of State has noted the Inspector's views about the signing of services from trunk roads (IR 12. 8 to 12.11). He is currently considering his present policy on this matter and if any change is envisaged an announcement will be made in due course.

Pedestrian at-grade crossing of the A64

10. The Secretary of State has carefully considered the Inspector's conclusions about the need for an at-grade pedestrian crossing of the A64 (IR 12.24 and 25). He acknowledges that pedestrians may cross all purpose trunk roads anywhere at-grade but notes that in some circumstances this can be hazardous and dangerous, entailing a risk to life. Consequently, he considers that a decision on whether to provide at-grade crossing facilities should reflect the relevant circumstances of each case. In this case the Secretary of State has decided that pedestrians should be encouraged to cross the A64 by the new bridge and that provision of an at-grade crossing facility, when the improvements are complete, is not desirable. He confirms that signs directing pedestrians to the bridge will be provided at appropriate places, including the points where Footpath 35.9-7 and the stopped up Colton Lane meet the trunk road.

Schedules to the Side Roads and Compulsory Purchase Orders

11. The Secretary of State has noted the Inspector's comments about the stopping up of the existing accesses to the Little Chef and the drafting of the respective schedules of the Side Roads Order and Compulsory Purchase Order (IR 11.1 and 11.2). The Inspector recommended that both Orders should be made with their schedules modified as shown in the Appendix to his report (IR 13.1 (iii) and 13.2).

12. The Secretary of State accepts the modified schedules subject to descriptions of the A64 in the Side Roads Order schedule being "the trunk road" in accordance with paragraph 5 of the Order.

13. The Secretary of State notes that the existing accesses from the A64 to the Little Chef are part of the trunk road. He also notes that the stopping up of the relevant length of trunk road was included in the draft Side Roads Order schedule but not shown on the Order plan because it would have covered the same area as the symbol showing the new access to the Little Chef. He further notes that the modified Side Roads Order schedule includes an amended description of the relevant trunk road stopping up and has decided that the Order plan should also be modified by showing the stopping up of the relevant length of trunk road in an inset box.

Human Rights

14. 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 and or rights 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.

ORDERS TO BE MADE

15. In accordance with the decision conveyed by this letter the Secretary of State will make:-

(a) the A64 Trunk Road (Colton Lane Improvement Side Roads) Order 200 as published in draft subject to the modifications in IR 13.1 and those set out in paragraphs 12 and 13 above;

(b) the A64 Trunk Road (Colton Lane Junction Improvement) Compulsory Purchase Order (No PS ) 20 as published in draft subject to the modifications in IR 13. 2; and

(c) the A64 Trunk Road (Steeton House and Redhill Field Lane) (Prohibition of Use of Gaps in Central Reservation) Order 20 , as published in draft.

RIGHT OF CHALLENGE

16. Public Notice will be given when the Orders referred to in paragraph 15 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, section 23 of the Acquisition of Land Act 1981 and Part VI of Schedule 9 to the Road Traffic Regulation Act 1984, do so by application to the High Court. Such application must be made within six weeks of publication of the notice that the Orders in paragraph 15(a) and 15(b) have been made but, in the case of the Gap Closure Order under the Road Traffic Regulation Act 1984, within six weeks from the date this Order is made.

COMPENSATION

17. 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

18. 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
Director, Regional Affairs