Statement of Case August 2011 - UK.COM
Statement of Case August 2011 - UK.COM
Statement of Case August 2011 - UK.COM
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A46 Newark to Widmerpool Improvement -Supplementary Orders<br />
<strong>Statement</strong> <strong>of</strong> <strong>Case</strong> <strong>August</strong> <strong>2011</strong><br />
1.10 No solution put forward was acceptable to both parties. But the mediation enabled<br />
the Agency to better understand PA Freight’s requirements. The proposals have<br />
been necessitated because <strong>of</strong> the District Council’s failure to comply with the<br />
statutory procedures and consult the Agency in respect <strong>of</strong> PA Freight’s<br />
retrospective application for planning approval for their lorry park.<br />
1.11 This feature did not exist when the initial draft Orders were published in 2007.<br />
Consequently, the Agency’s initial design did not take the lorry park into account.<br />
Planning approval was granted in July 2007, during the time the Public Inquiry was<br />
sitting, yet no reference to this was made to either the Highways Agency or the<br />
Inspector by any <strong>of</strong> the parties.<br />
1.12 The amendments in question are contained in further draft Supplementary Orders<br />
published on 12 May <strong>2011</strong> under the Highways Act 1980, the Acquisition <strong>of</strong> Land<br />
Act 1981 and the Planning and Compulsory Purchase Act 2004 (“the <strong>2011</strong> draft<br />
Supplementary Orders”).<br />
The draft Supplementary Orders and additional Detrunking Order are:<br />
I. The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads)<br />
Supplementary (Side Roads) Order Number 1 20__<br />
II. The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads)<br />
Supplementary Compulsory Purchase Order Number 1 20__<br />
III. The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads)<br />
Margidunum Roundabout (Detrunking) Order 20__<br />
1.13 This <strong>Statement</strong> <strong>of</strong> <strong>Case</strong> is required by Rule 6(1) (a) <strong>of</strong> the Highways (Inquiries<br />
Procedure) Rules 1994 and the Compulsory Purchase by Ministers (Inquiries<br />
Procedures) Rules 2007. It sets out the case that the Agency, on behalf <strong>of</strong> the<br />
Secretaries <strong>of</strong> State will put forward at the Public Inquiry in support <strong>of</strong> the <strong>2011</strong> draft<br />
Supplementary Orders and additional Detrunking Order being made. It sets out the<br />
Agency’s principal submissions covering:<br />
I. The background to the Scheme;<br />
II. The need for the <strong>2011</strong> draft Supplementary Orders and additional Detrunking<br />
Order;<br />
III. The support, objections and representations received in response to the<br />
publication <strong>of</strong> the Supplementary Orders and an outline <strong>of</strong> the evidence which<br />
the Agency will present to the Inquiry in response;<br />
IV. Deposit Documents;<br />
V. Notice <strong>of</strong> Certificate <strong>of</strong> determination in respect <strong>of</strong> the environmental impact <strong>of</strong><br />
the draft Orders<br />
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