Statement of Case (PDF 1.4Mb)

Dated 16th May 2014 THE HIGHWAYS ACT 1980 THE ACQUISITION OF LAND ACT 1981 THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) COMPULSORY PURCHASE ORDER 2013 -and- THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) (SIDE ROADS) ORDER 2013 STATEMENT OF CASE Parveen Akhtar Head of Legal and Democratic Governance The Metropolitan Borough Council of Stockport Stockport Legal Services Corporate and Support Services Directorate Stopford House, Piccadilly, Stockport. SK1 3XE. 1 CONTENTS INDEX PAGE 1. Preliminary Matters 3 2. Introduction 4 3. Need for the Scheme 5 4. Scheme Objectives 6 5. Scheme Description 7 6. Development of the Scheme and Consultation 8 7. Detailed Scheme Description 10 8. Design Standards 12 9. Junctions 13 10. Structures 14 11. Lighting and Road Furniture 19 12. Code of Construction Practice 19 13. Duration of Works 19 14. Main Activities 20 15. Traffic Management 20 16. The Proposed Construction Programme 21 17. Services 23 18. Maintenance 26 19. Meeting Objectives 26 20. Environmental Impact Assessment of the Scheme 27 21. A6MARR Costs and funding 38 22. Human Rights 39 23. Planning Policies and Strategies 40 24. Scheme Programme and Implementation 49 25. Compulsory Purchase Order 48 26. The Order Land 49 27. Land to be acquired 50 28. Justification for compulsory purchase 50 29. Special Considerations Affecting – The Order Land 51 30. Exchange Land 52 31. Property Demolition 52 32. Related Orders 52 33. Side Roads Order 53 34. Papers in support of the orders 53 35 Compensation 59 36. Associated Orders 60 37. Objections 60 38. Conclusion 61 2 1. Preliminary Matters 1.1 This Statement of Case (the “Statement ”) has been prepared by The Metropolitan Borough Council of Stockport (the “Council ”) in its capacity as acquiring Authority for the purposes of the Highways Act 1980, being the relevant acquiring Authority, acting on its behalf and as agent on behalf of Cheshire East Borough Council (the “CEC” ) and Manchester City Council (the “MCC” ) (and where the context so admits are referred to collectively as the “ Partnering Authorities ” or as the case may be the “Partnership Authority” ), pursuant to an Agreement dated the 3rd December 2013 made under Section 8 of the Highways Act 1980 and has made and submitted to the Secretary of State for Transport (the "Secretary of State ") – The Metropolitan Borough of Stockport (Hazel Grove (A6) to Manchester Airport A555 Classified Road) (Sides Roads) Order 2013 under sections 8, 14 and 125 of the Highways Act 1980 (the “SRO”) and The Metropolitan Borough of Stockport (Hazel Grove (A6) to Manchester Airport A555 Classified Road) Compulsory Purchase Order 2013 under Sections 8, 239, 240, 246, 250 and 260 of the Highways Act 1980 (the “CPO”). and where the context so admits the SRO and the CPO shall collectively be referred to as the “Orders” and has had regard to the provisions pursuant to The Compulsory Purchase (Inquiries Procedure) Rules 2007 and The Highways (Inquiries Procedure) Rules 1994 (the “ Rules ”) and guidance contained in ODPM Circular 06/04 Compulsory Purchase and the Crichel Down Rules’ (and includes reference to the items listed in Appendices A and R of (the “Circular”). 1.2 The Statement is to be served on all persons entitled to receive a copy of the Statement under the Rules. It will be distributed to all those parties suggested by the Circular and will be placed on deposit for public viewing in the reception at the offices of the Council at Fred Perry House, Edward Street, Stockport and can be inspected at all reasonable normal office opening hours. 1.3 The Orders have been made and submitted to the Secretary of State for confirmation. In the event that if the Orders are confirmed, it will authorise the exercise of powers to enable the compulsory purchase of land and new rights to facilitate the provision of a proposed new relief road linking Hazel Grove (A6) to Manchester Airport (the "A6MARR" and where the context so admits is referred to as the “Relief Road” or “Scheme”) and will allow alterations to be made to the highways affected by the Relief Road, which will support the Orders being made at the same time to ensure that all the land needed for the Relief Road is acquired should this not prove possible through voluntary means. 1.4 Statutory notice of the making and submission of the Orders was served on all persons known at the time to have a purported interest in land contained in the CPO and affected by the proposed alterations in the SRO to the highway network. Notice of the making and submission of the Orders was served on all persons entitled to be served under the statutory 3 prescribed requirements and copies of the Orders and Statement of Reasons setting out the reasons for the Orders and the Council has continued to ensure that all persons who have a purported interest in any of the land affected by the orders is made aware of the Orders and the opportunity to make representations and objections to the Secretary of State. 1.5 The date for the expiry of objections to the Orders to be sent to the Secretary of State was Friday, the 31st January 2014. 1.6 52no objections (the “Objections” ) have been received by the Secretary of State. 1.7 In a letter dated the 10 th March 2014 the Secretary of State gave notice of an intention to convene a local Public Inquiry (the “Public Inquiry ”) to consider the objections to the Orders. The date and venue for the Public Inquiry has yet to be notified to the Council. 1.8 Throughout the Statement mention is made of land and buildings and other interests included in the Orders and is referred to hereinafter as the “ Order Land ”. 1.9 The “ Order Schedule ” refers to the schedule to the CPO. 1.10 The “ Order Map ” is that bearing the title as in the CPO. , 1.11 The Council considers that there is a compelling case in the public interest for the making and confirmation of the CPO and that the SRO will enable the Council, on behalf of the Partnering Authorities to make alterations to the highways affected by the Relief Road and which will support the CPO to ensure that all the land needed for the Relief Road is acquired. There would be other reasonably convenient routes available or provided before the stopping up of highways pursuant to the SRO. Insofar as private means of access would be stopped up by the SRO, the SRO is justified because it provides for another reasonably convenient means of access to the affected premises to be made available for where none is currently available or else no other means of access is reasonably required. 1.12 This Statement is not intended to discharge the Council's obligation under the Rules and the Council reserves the right to produce additional documents to those listed at paragraph 37 and to submit further evidence to justify the need for the Orders in light of the Objections. 2. Introduction 2.1 The A6MARR forms part of the South East Manchester Multi-Modal Strategy (the "SEMMMS") which is a 20 year transport plan covering areas south east of Manchester, parts of Cheshire East, Derbyshire, Manchester, Stockport and Tameside local authority areas. 2.2 The A6MARR is being promoted by the Partnering Authorities. 2.3 The route of the A6MARR is shown on the plan appended hereto and has been well established and has been evident in local plans since the 1990's, with more specific plans being developed since 2001 when the then Minister of Transport accepted the recommendations of SEMMMS and requested that the Partnering Authorities should work together to develop and improve the highway network to benefit both local communities and the economy. 4 2.4 Since then, the Partnering Authorities have worked together to see if SEMMMS relief road can be delivered in phases. The SEMMMS relief road is the proposed road from the M60 at Bredbury, Stockport via the A6 Hazel Grove, Stockport to Manchester Airport. Funding has been identified to deliver the first phase of SEMMMS relief road and this is the Hazel Grove (A6) to Manchester Airport Relief Road. (i:e Relief Road) 2.5 On the 1st October 2013, the Council`s Executive body on behalf of the Partnering Authorities approved in principle and later on the 29th November 2013 under Executive delegated authority resolved to make the Orders and which have been submitted together to the Secretary of State to facilitate the construction of this phase of SEMMMS. In reaching the decision to make the Orders, the Council has had full regard to the Human Rights Act and Convention and is satisfied that any interference would be lawful, necessary and proportionate. 2.6 Negotiations are proceeding to secure land parcels and the proposed new rights by agreement and these will continue. All known or reputed freehold owners, lessees, tenants and occupiers affected by the proposals have been or will be invited to enter into negotiations with the Council to agree heads of terms and compensation. Whilst negotiations will continue, it is clear that if implementation of the Relief Road is to be achieved within a reasonable timescale then compulsory purchase powers must be employed. The Circular advises that it is often sensible for the formal compulsory purchase process to be initiated in parallel with negotiations to acquire land. Furthermore the Council will take advantage wherever possible of the new alternative dispute resolution techniques introduced by the Planning and Compensation Act 2004 for trying at the earliest opportunity to help to clarify areas of uncertainty with those with a vested interest in the Order Land as the Council recognises the stress that the compulsory purchase process inevitably places on those whose interests might be affected by the Relief Road.

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