M60 Junctions 5 to 8 - improvement and widening
Government Office for the North West
David Higham
Director, Competitiveness & Infrastructure
Sunley Tower
Piccadilly Plaza
Manchester
M1 413E
30 September 2002
Direct Line: 0161 952 4439
Fax: 0161 952 4007
Email: dhigham.gonw@go-regions.gsi.gov.uk
Internet Address: www.go-nw.gov.uk
Highways Act 1980
Acquisition of Land Act 1981
M60 junctions 5 to 8 - improvement and widening (formerly M63 junctions 6 to 9)
Dear Sir/Madam
1. I am directed by the Secretary of State for Transport, Local Government and the Regions ("the Secretary of State") to refer to the Inspector's report of the local inquiries held between 12 and 25 July 1995 and to the letter issued on behalf of the then Secretary of State for the Environment, Transport and the >Regions on 28 July 1998 ("the 1998 letter") following consideration of the report.
2. The 1998 letter conveyed the Secretary of State's decision to make, subject to modifications, the published orders numbered 1 and 2 listed in the annex to this letter. The 1998 letter went on to explain that he was also minded to accept the Inspector's conclusions and recommendation and make orders numbered 3 and 4 listed in the annex to this letter and to give the certificate relating to the exchange land. But because at the time there was a dispute over ownership of land in plots 41, 41A and 41B designated as public open space in order number 4 this needed to be resolved before the orders could be made and the exchange land certificate issued.
The Secretary of State's decision
3. The Secretary of State is now satisfied that the outstanding matter concerning land ownership in plots 41, 41A and 4113 of land designated as public open space in order number 4 has, for the purposes of making this order and issuing the exchange land certificate, been resolved. Consequently, order number 4 will be modified to show a division of plot 201 in the published order into new plots 201A and 201B. This has the agreement of the landowners concerned and when taken together the two individual plots do not change the size or shape of the original plot 201 in the published order number 4. The new Plot 201A represents land to be given in exchange for plots 42, 42A to G, 44, 44A and 45 designated as public open space; and plot 201B represents land to be given in exchange for plots 41, 41A and 41B designated as public open space. The Secretary of State now accepts the Inspector's conclusion made at paragraph 218 of his report, and is still satisfied that, the exchange land is not less in area than the lost public open space and is equally advantageous to the public. Accordingly, he is now able to accept the Inspector's recommendations at paragraphs 222 and 223 of his report, and his modifications in paragraph 222, subject to the corrections detailed in paragraphs 5 to 7 below, and has decided to make the published orders number 3 and 4 and issue a certificate under section 19(1)(a) of the Acquisition of Land Act 1981.
Making of orders and issue of certificate
4. In accordance with the decision conveyed in this letter, the Secretary of State will make, as soon as possible, order number 3 and order number 4, subject to the modifications recommended at paragraph 222 of the Inspector's report and the corrections referred to in the following paragraphs. In so far as order number 4 authorises the purchase of land designated as public open space, the Secretary of State will issue a certificate under section 19(1)(a) of the Acquisition of Land Act 1981 authorising the giving of other land in exchange for such land.
5. On making order number 3 the following plots, which are duplicated in order number 4, will be deleted:-
In Schedule 1: plots, 14,14A, 24, 41, 41A, 41B, 42,42A- G, 44,44A, 45,65 and 65A;
and,
in Schedule 2: plots 201, 202 and 202A.
6. The amendments set out in paragraph 5 correct the plot numbers referred to by the Inspector at paragraph 222 of his report by including plots 42 and 42B, which are also duplicated, and the deletion of plot 119, which is not duplicated.
7. In addition, when order number 4 was published, this included a new plot 203. This was intended to replaced plot 200 in order number 3 for the reasons given at paragraph 41 of the Inspector's report. Consequently, on making order number 3, all references to plot 200 will be deleted.
8. For the reasons given at paragraph 3 above the published order number 4 will be modified on making by deleting plot 201 in Schedule 2 and its replacement by plots 201A and 201 B.
9. Public Notice will be given when the orders 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 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 order has been made.
Compensation
10. When orders number 3 and number 4 are made, owners and occupiers of land included in those orders will be approached about the amount of compensation payable to them in respect of their interests in the land required for the scheme. If the amount cannot be agreed with the Highways Agency's valuer the matter may be referred for determination by the Lands Tribunal under the Lands Tribunal Act 1949 and the Land Compensation Acts of 1961 and 1973.
Yours faithfully
David Higham
Annex
The M63 motorway (improvement between junctions 6 and 9) connecting roads scheme 199_ ("order number 1");
The M63 motorway (improvement between junctions 6 and 9) connecting roads (side roads) order 199_ ("order number 2");
The M63 motorway (improvement between junctions 6 and 9) compulsory purchase order (no nw) 199- ("order number 3");
The M63 motorway (improvement between junctions 6 and 9) compulsory purchase order no 2 (no nw) 199_ ("order number 4"); and
Issue of a certificate under section 19(1)(a) of the acquisition of land act 1981.
