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Objections to the CPO and SRO

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Objections to the CPO and SRO Our Ref: JRS/lg Date: 29th January 2014 Secretary of State for Transport Department of Transport National Transport Casework Team Tyneside House Skinnerburn Road Newcastle Business Park Newcastle Upon Tyne NE4 7AR IN THE MATTER OF THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) COMPULSORY PURCHASE ORDER 2013 AND IN THE MATTER OF PLOTS 1/4, 1/4A-1/4K & 2/9, 2/9A-2/9AB AND IN THE MATTER OF THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) (SIDE ROADS) ORDER 2013 2 ______________________________ LETTER OF OBJECTION ______________________________ Ref: 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 We are instructed to make the objections to the above Compulsory Purchase Order (“CPO”) and Side Road order (“SRO”) as set out hereafter on behalf of the Owners of Plots 1/4, 1/4A, 1/4B, 1/4C, 1/4D, 1/4E, 1/4F, 1/4G, 1/4H, 1/4I, 1/4J, 1/4K, 2/9, 2/9A, 2/9B, 2/9C, 2/9D, 2/9E, 2/9F, 2/9G, 2/9I, 2/9J, 2/9K, 2/9L, 2/9M, 2/9N, 2/9O, 2/9P, 2/9Q, 2/9R, 2/9S, 2/9T, 2/9U, 2/9V, 2/9W, 2/9X, 2/9Y, 2/9Z, 2/9AA, 2/9AB as listed in Schedule 1 to the CPO ("the Plots"). The Trustee owners are Michael E Simpson and Mrs K O Livesey. They make the following objections to the CPO and SRO: 1. No part of the proposed Road, cuttings or embankments is intended to be placed on two substantial parts of the Plots as shown edged/coloured in green on the attached plans. Accordingly such parts as are not so required for the purpose of the construction of a highway should be deleted from Schedule 1 to the CPO. The Acquiring Authorities have failed to show any compelling case to take land for purposes that are not for the purpose of 3 constructing thereon a highway, namely the Road, and its cuttings and embankments. 2. No provisions of the CPO authorise the taking of any land for temporary purposes and accordingly such parts of the Plots as are not required for permanent compulsory acquisition should be deleted from Schedule 1 to the CPO. The Objectors believe that the Acquiring Authorities’ proposed taking the two parts of the Plots identified on the attached plans for temporary purposes only and contend that there is no power under the CPO to do so. 3. By paragraph 1 the CPO will authorise the acquisition of "land" described in paragraph 2. Paragraph 2 describes the "land" only by reference to the "land" described in Schedule 1 shown coloured pink on the CPO map. Neither Schedule 1 nor the map describe, in relation to the Plots, that only a temporary possession is required in part of those Plots. If the intention of the Acquiring Authorities is take all parts of the Plots permanently, but then give a written undertaking to return the parts after temporary use, then this is a misuse of powers for it shows that the Acquiring Authorities cannot show a compelling case to acquire permanently the parts of the Plots required only for temporary use. 4. If, contrary to the above, the CPO does contain powers to take part of the Plots identified above temporarily, then the land in question should not be acquired permanently. 4 5. No part of the Plots should be used for tipping of permanent spoil which will severely prejudice the future use of the said lands for agricultural and development purposes. 6. The extent of permanent land take to provide for bunding and environmental mitigation works is excessive, severely prejudicing the future use of the said lands for agricultural and future development purposes (regular approaches have been made by national house builders/developers in connection with residential development on the land). 7. The extension of the westerly footway/shared use facility/bridleway, on the land to the north of the A6, in particular exacerbates the impact of land take. 8. There is no satisfactory access arrangement to the land to be retained, at the northern end of the land holding. The proposed access arrangement involves excessive travel for farm machinery. 9. The Acquiring Authorities have failed to show any compelling case to take land for the purposes of pedestrian and cycle routes and bridleways; these routes are not required for, or critical to, the purpose of constructing the Relief Road and its cuttings and embankments. The land required for these routes should be deleted from Schedule 1 of the CPO. 10. The stopping up or removal of any private means of access is unacceptable and irrational where it is not replaced with an alternative and viable means of access. 5 Signed J R Seed MA (Oxon) FRICS FAAV For and on behalf of the Brown Rural Partnership Agents for the Trustee Owners IN THE MATTER OF THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) COMPULSORY PURCHASE ORDER 2013 AND IN THE MATTER OF THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) (SIDE ROADS) ORDER 2013 AND IN THE MATTER OF PLOTS 1/4, 1/4A-1/4K & 2/9, 2/9A- 2/9AB ______________________________ LETTER OF OBJECTION ______________________________ BROWN RURAL PARTNERSHIP 29 CHURCH STREET MACCLESFIELD CHASHIRE SK11 6LB REF John Seed Our Ref: JRS/lg Date: 29th January 2014 Secretary of State for Transport Department of Transport National Transport Casework Team Tyneside House Skinnerburn Road Newcastle Business Park Newcastle Upon Tyne NE4 7AR IN THE MATTER OF THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) COMPULSORY PURCHASE ORDER 2013 AND IN THE MATTER OF PLOTS 1/5, 1/5A-1/5E AND IN THE MATTER OF THE METROPOLITAN BOROUGH OF STOCKPORT (HAZEL GROVE (A6) TO MANCHESTER AIRPORT A555 CLASSIFIED ROAD) (SIDE ROADS) ORDER 2013 2 ______________________________ LETTER OF OBJECTION ______________________________ Ref: 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 We are instructed to make the objections to the above Compulsory Purchase Order (“CPO”) and Side Road Order (“SRO”) as set out hereafter on behalf of the Owners of Plots 1/5, 1/5A, 1/5B, 1/5C, 1/5D, 1/5E as listed in Schedule 1 to the CPO ("the Plots"). The owners are United Utilities Plc. They make the following objections to the CPO and SRO: 1. No part of the proposed Road, cuttings or embankments is intended to be placed on a substantial part of the Plots as shown edged/coloured in green on the attached plan. Accordingly such part as is not so required for the purpose of the construction of a highway should be deleted from Schedule 1 to the CPO. The Acquiring Authorities have failed to show any compelling case to take land for purposes that are not for the purpose of constructing thereon a highway, namely the Road, and its cuttings and embankments. 2. No provisions of the CPO authorise the taking of any land for temporary purposes and accordingly such parts of the Plots as are not 3 required for permanent compulsory acquisition should be deleted from Schedule 1 to the CPO. The Objectors believe that the Acquiring Authorities’ proposed taking the part of the Plots identified on the attached plan for temporary purposes only and contend that there is no power under the CPO to do so. 3. By paragraph 1 the CPO will authorise the acquisition of "land" described in paragraph 2. Paragraph 2 describes the "land" only by reference to the "land" described in Schedule 1 shown coloured pink on the CPO map. Neither Schedule 1 nor the map describe, in relation to the Plots, that only a temporary possession is required in part of those Plots. If the intention of the Acquiring Authorities is take all parts of the Plots permanently, but then give a written undertaking to return the parts after temporary use, then this is a misuse of powers for it shows that the Acquiring Authorities cannot show a compelling case to acquire permanently the part of the Plots required only for temporary use. 4. If, contrary to the above, the CPO does contain powers to take part of the Plots identified above temporarily, then the land in question should not be acquired permanently. Nor should it be used for tipping of permanent spoil which will severely prejudice existing and future operational use. 5. Acquisition and/or use of the land in the CPO will damage existing and planned operational assets unless there is a formal agreement with United Utilities detailing appropriate protective measures including easements and/or protective corridors. 4 6. The extent of permanent land take to provide for bunding and environmental mitigation works is excessive, compromising the future uses of the land. 7. The Acquiring Authorities have failed to show any compelling case to take land for the purposes of pedestrian and cycle routes and bridleways; these routes are not required for, or critical to, the purpose of constructing the Relief Road and its cuttings and embankments. The land required for these routes should be deleted from Schedule 1 of the CPO. 8. The stopping up or removal of any private means of access is unacceptable and irrational where it is not replaced with an alternative and viable means of access.
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