Statement of Case August 2011 - UK.COM

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A46 Newark to Widmerpool Improvement -Supplementary Orders Statement of Case August 2011 1.10 No solution put forward was acceptable to both parties. But the mediation enabled the Agency to better understand PA Freight’s requirements. The proposals have been necessitated because of the District Council’s failure to comply with the statutory procedures and consult the Agency in respect of PA Freight’s retrospective application for planning approval for their lorry park. 1.11 This feature did not exist when the initial draft Orders were published in 2007. Consequently, the Agency’s initial design did not take the lorry park into account. Planning approval was granted in July 2007, during the time the Public Inquiry was sitting, yet no reference to this was made to either the Highways Agency or the Inspector by any of the parties. 1.12 The amendments in question are contained in further draft Supplementary Orders published on 12 May 2011 under the Highways Act 1980, the Acquisition of Land Act 1981 and the Planning and Compulsory Purchase Act 2004 (“the 2011 draft Supplementary Orders”). The draft Supplementary Orders and additional Detrunking Order are: I. The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads) Supplementary (Side Roads) Order Number 1 20__ II. The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads) Supplementary Compulsory Purchase Order Number 1 20__ III. The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads) Margidunum Roundabout (Detrunking) Order 20__ 1.13 This Statement of Case is required by Rule 6(1) (a) of the Highways (Inquiries Procedure) Rules 1994 and the Compulsory Purchase by Ministers (Inquiries Procedures) Rules 2007. It sets out the case that the Agency, on behalf of the Secretaries of State will put forward at the Public Inquiry in support of the 2011 draft Supplementary Orders and additional Detrunking Order being made. It sets out the Agency’s principal submissions covering: I. The background to the Scheme; II. The need for the 2011 draft Supplementary Orders and additional Detrunking Order; III. The support, objections and representations received in response to the publication of the Supplementary Orders and an outline of the evidence which the Agency will present to the Inquiry in response; IV. Deposit Documents; V. Notice of Certificate of determination in respect of the environmental impact of the draft Orders 4
A46 Newark to Widmerpool Improvement -Supplementary Orders Statement of Case August 2011 2 Background to the Scheme 2.1 The A46 between Newark and Widmerpool is the only section of this important regional trunk road connecting the East and West Midlands which has not been improved. The high level of traffic using this route causes frequent congestion and delay. The road also has a poor safety record. The existing A46 is generally straight, following the line of the old Roman road, the Fosse Way. Overtaking is difficult, however, because of the undulating alignment and the many junctions and accesses to fields, farms and houses. Bridleways and footpaths also join and cross this section of the A46. Walkers, cyclists and horse riders find it difficult to cross because of the heavy traffic. 2.2 The Scheme aims to address these problems through the provision of a new 28km long two-lane dual carriageway from the A606 two level junction at Widmerpool to an improved roundabout at Farndon, just south of Newark. These improvements will reduce congestion, improve safety, and provide a bypass for East Stoke and Farndon. 2.3 Draft Orders for the Scheme, together with an Environmental Statement, were published on 26 January 2007. Draft Orders exhibitions were held in Cotgrave and Newark in early February 2007. 2.4 An addendum to the January 2007 Environmental Statement was published in March 2007 to incorporate changes in anticipated traffic flows as a result of an update to the Department for Transport future traffic prediction methodology. 2.5 A Public Inquiry for the Scheme was held in the summer of 2007 at which objections to the Agency’s evidence and independently promoted alternatives were heard in front of an independent Inspector. The Public Inquiry sat for 18 days and there were four accompanied site visits. 2.6 As a result of the Department of Transport’s £1 billion fiscal stimulus package announced in November 2008, delivery of the A46 Scheme was accelerated. 2.7 The Inspector’s Report (SD010) and Secretaries of States’ decision letter (SD011) were published in December 2008. It was recommended that the orders be adopted with the exception of a number of points of design. 2.8 The need for the Scheme, Government policy and local planning issues were matters that were considered at the 2007 Public Inquiry. The purpose of this Statement of Case is to consider the 2011 draft Supplementary Orders and additional Detrunking Order only. It is not intended to revisit matters raised at the 2007 Public Inquiry in respect of which the Secretaries of State have made their decision. 5
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Statement of Case August 2011 - UK.COM

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