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A6 Alvaston Improvement

DEPARTMENT OF TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS

THE A6 TRUNK ROAD (ALVASTON BYPASS) COMPULSORY PURCHASE ORDER (PS NO. 15) 2001

THE SECRETARY OF STATE FOR TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS in exercise of his powers under Sections 239, 240 and 246 of the Highways Act 1980, as extended and supplemented by section 250 of that Act and under section 2 of the Acquisition of Land Act 1981, and of all other enabling powers, hereby makes the following Order:

1. The Secretary of State is hereby authorised to purchase compulsorily the land described in the schedule to this Order and delineated and coloured pink on the plan, and the rights described in the schedule over the land described in it, and delineated and coloured blue on the plan.
2. The land and rights referred to in paragraph (1) of this article are authorised to be purchased compulsorily for the following purposes:
   1. (a) the construction of a new trunk road at Alvaston in the City of Derby and in the Parish of Elvaston in the District of South Derbyshire all in the county of Derbyshire, in pursuance of the Trunk Road Order;
   2. (b) the construction and improvement of highways and the provision of new means of access to premises in the said City, Parish and District in pursuance of the Side Roads Order;
   3. (c) the improvement of the A5111 Trunk Road in Alvaston in that City; and
   4. (d) use by the Secretary of State in connection with such constriction and improvement of highways and the execution of other works mentioned above.
3. The Secretary of State is hereby authorised to purchase compulsorily for the purpose of mitigating any adverse effect which the existence or use of the highway proposed to be constructed or improved by him as mentioned in article 1 of this Order will have on their surroundings the land which is described in the schedule to this Order.
4. Section 27 of the Compulsory Purchase Act 1965 shall not apply in relation to the purchase authorised by this Order.
5. In relation to the purchase authorised by this Order Part II and III of Schedule 2 to the Acquisition of Land Act 1981 are hereby incorporated with the enactments under which that purchase is authorised subject to the modifications that references in those Parts to the undertaking shall be constructed as references to the land authorised to be purchased or, as the case may be, to the land over which rights are authorised to be purchased and to any buildings or works constructed or to be constructed on it.
6. For the purpose of the provisions of Schedule 2 to the Acquisition of Land Act 1981, as incorporated in this Order, the prescribed distance in relation to any seam of minerals lying under land adjoining the works to be constructed upon the land described in the schedule to this Order shall be such a lateral distance from those works on every side of them as is equal at every point along those works to one half of the depth of the seam below the natural surface of the ground at the point or forty yards whichever is the greater.
7. In this Order: -

   "the plan"

   means the plan consisting of a key plan and 3 sheets bound together, respectively numbered 1 to 3, marked "The A6 Trunk Road (Alvaston Bypass) Compulsory Purchase Order (PS No.15) 2001", signed by authority of the Secretary of State and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE;

   "the A6 Trunk Road"

   means the A6 London-Inverness Trunk Road;

   "the A5111 Trunk Road"

   means the A5111 (Raynesway) Derby Inner Ring Road;

   "the new trunk road"

   means the trunk road to be constructed in pursuance of the Trunk Road Order;

   "the Trunk Road Order"

   means the A564 Trunk Road (Stoke-Derby Route)(Derby Southern Bypass, Derby Spur and Junctions) Order 1992 as amended by the A564 Trunk Road (Stoke-Derby Route)(Derby Southern Bypass, Derby Spur, Junctions and Slip Roads) Amendment Order 1994 and by the A564 Trunk Road (Stoke-Derby Route)(Derby Southern Bypass, Derby Spur and Junctions)(Amendment)(England) Order 2001; and

   "the Side Roads Order"

   means the A6 Trunk Road (Alvaston Bypass Side Roads) Order 2001.

8. This Order may be cited as the A6 Trunk Road (Alvaston Bypass) Compulsory Purchase Order (PS No. 15) 2001.

Signed by the authority of the
Secretary of State

David W. Ward

Divisional Director
Highways Agency

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DEPARTMENT OF TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS

THE HIGHWAYS ACT 1980

THE ACQUISITION OF LAND ACT 1981

THE A6 TRUNK ROAD (ALVASTON BYPASS) COMPULSORY PURCHASE ORDER (PS No 15) 2001

NOTICE IS HEREBY GIVEN that the Secretary of State for Transport, Local Government and the Regions in exercise of his powers under sections 239, 240 and 246 of the Highways Act 1980, as extended and supplemented by section 250 of that Act and under section 2 of the Acquisition of Land Act 1981, and of all other powers enabling him in that behalf, made a Compulsory Purchase Order, entitled as above, authorising him to purchase compulsorily:-

(a) the land and rights described in the schedule hereto for the purpose of:-

• (i) the construction of a new trunk road at Alvaston in the City of Derby and in the Parish of Elvaston in the District of South Derbyshire, in pursuance of the A564 Trunk Road (Stoke-Derby Route)(Derby Southern Bypass, Derby Spur and Junctions) Order 1992 as amended by The A564 Trunk Road (Stoke-Derby Route) (Derby Southern Bypass, Derby Spur, Junctions and Slip Roads) Amendment Order 1994 and by the A564 Trunk Road (Stoke-Derby Route)(Derby Southern Bypass, Derby Spur and Junctions) (Amendment)(England) Order 2001.
• (ii) the construction and improvement of highways and the provision of new means of access to premises in the said City, Parish and District in pursuance of the A6 Trunk Road (Alvaston Bypass Side Roads) Order 2001.
• (iii) the improvement of the A5111 Trunk Road in Alvaston in that City.
• (iv) use by the Secretary of State in connection with such construction and improvement of highways and the execution of other works mentioned above.

(b) the land and rights described in the schedule for the purpose of mitigating any adverse effect which the existence or use of the highways proposed to be constructed or improved by him as mentioned above will have on the surroundings thereof.

COPIES of the Order and the plan(s) referred to in it, have been deposited and may be seen at all reasonable hours from 27th July 2001 to 7th September 2001 at the Highways Agency, QP(QIM), Room G/44, St Christopher House, Southwark Street, London SE1 0TE; at the offices of the Highways Agency, Operations Directorate, Floor C8, Broadway, Broad Street, Birmingham B15 1BL; Government Office for the East Midlands, Belgrave Centre, Stanley Place, Talbot Street, Nottingham NG1 5GG; Derbyshire County Council, County Hall, Matlock, Derbyshire DE4 3AG; Derby City Council, Roman House, Friar Gate, Derby DE1 1XB; South Derbyshire District Council, Civic Way, Swadlincote, Derbyshire DE11 0AH; North West Leicestershire District Council, Council Offices, Coalville, Leicestershire; Alvaston Post Office, 3 Shardlow Road, Alvaston; Chellaston Post Office, 5 Derby Road, Chellaston; Shardlow Sub Post Office, 33A London Road, Shardlow; Hilton Post Office, 23-25 Main Street, Hilton, Derby; Findern Post Office, 24 The Green, Findern; Derby Central Library, The Wardwick, Derby; Castle Donington Library, Delven Lane, Castle Donington; Etwall Library, Main Street, Etwall and Sinfin Library, Sinfin District Centre, Arleston Lane, Derby.

COPIES of the Order can be obtained from the Highways Agency, Operations Directorate, Floor C8, Broadway, Broad Street, Birmingham B15 1BL, quoting reference HA/65/009/0139/2.

The order as made becomes operative on the date on which this notice is first published: but a person aggrieved by the order may, by application to the High Court within 6 weeks from the operative date, question its validity on the grounds -

(i) that the authorisation granted by the order is not empowered to be granted, or

(ii) that their interests have been substantially prejudiced by failure to comply with any statutory requirement relating to the order,

DATED 19th July 2001

G P RAINBOW
Highways Agency

SCHEDULE

NOTE:

(a) The land comprised in each item in this schedule is identified on the plan referred to in the compulsory purchase order by means of the number or numbers shown in brackets against that item in this schedule.

(b) References to ownership are references to ownership or reputed ownership at the time of preparation of the draft compulsory purchase order and are stated only for the purpose of identification of the land.

IN THE CITY OF DERBY

Part of access road and verges on the southwest of Raynesway (A5111)(1/1)(owned by British Telecom plc);Uncultivated land with groups of trees and shrubs on the southwest of Raynesway (A5111)(1/2)(owned by Trillium (PRIME) Trading Ltd);

Uncultivated land with groups of trees and shrubs and parts of undefined footpath on south west of Raynesway (A5111), uncultivated land on the northeast of Raynesway east of its junction with Raynesway Park Drive, pasture land and part of undefined footpath, east of Green Lane and south of Courtaulds Wood, arable land south of Courtaulds Wood, part of half width of Raynesway Park Drive adjoining Raynesway, part of southern half width of Elvaston Lane north of Wolverly Grange, the right to enter pasture land and part of undefined footpath south of Courtaulds Wood and north of Glastonbury Road and woodland known as Alvaston Scrub east of Glastonbury Road for all purposes connected with the laying and maintaining of a surface water drain and constructing and maintaining an interceptor and manholes (1/3, 1/7, 1/7A, 1/7B, 1/7C, 1/8, 1/9, 1/10, 1/11, 1/43, 1/46, 1/46A, 1/46B, 1/46C, 1/46D, 1/46E, 1/47, 1/48, 1/48A, 1/48B, 1/48C, 1/50, 1/50A, 1/51, 1/51A, 1/52, 1/52A, 1/53, 1/58, 2/4, 2/22, 2/23, 2/25)(owned by Derby City Council);

Part of access and forecourt of Northridge House on west of Raynesway (1/4, 1/5) (owned by the trustees of Stansfield Services (Derby) Ltd);

Grassed area forming part of Raynesway Park Drive and part of half width of Raynesway Park Drive all adjoining Raynesway (1/6, 1/55, 1/56, 1/57)(owned by Sun Life Assurance Co);

Arable land east of Raynesway, north of Alvaston Street, north, west, east and southeast of Green Lane, and northeast of Manifold Drive, part of undefined footpath east of Green Lane and northeast and east of Manifold Drive, part of Green Lane, access track northeast of Manifold Drive (1/12, 1/12A, 1/12B, 1/12C, 1/12D, 1/12E, 1/12F, 1/12G, 1/14, 1/15, 1/16, 1/17, 1/18, 1/19, 1/20, 1/21, 1/22, 1/23, 1/24, 1/25, 1/26, 1/27, 1/28, 1/29, 1/30, 1/31, 1/32, 1/33, 1/34, 1/35, 1/44, 1/54)(owned by Acordis Acetate Chemicals Ltd);

Part of forecourt and access road to the Severn Trent Water compound on the east of Raynesway, uncultivated land east of Green Lane, southwest of Courtaulds Wood, and west of Alvaston Scrub, undefined footpath west of Alvaston Scrub, the right to enter uncultivated land, part of access track, undefined footpath and Alvaston Culvert, south of Courtaulds Wood and north of Glastonbury Road and west of Alvaston Scrub and east of Glastonbury Road for all purposes connected with the laying and maintaining surface water drain and the construction and maintenance of an interceptor, manhole and drainage outfalls (1/13, 1/13A, 1/36, 1/36A, 1/36B, 1/36C, 1/36D, 1/37, 1/37A, 1/37B, 1/38, 1/39, 1/40, 1/41, 1/42, 2/1)(owned by Severn Trent Water Ltd);

Pasture land and parts of undefined footpath south and west of Courtaulds Wood and east of Green Lane (1/45, 1/45A)(owned by K G Beale and Mrs G G Beale);

Part of landscaped land northeast of Halstock Drive (1/49, 1/49A, 1/49B)(owned by Jelson Ltd);Pasture land, part bed of Party Nook Brook and part bed of drainage ditch southwest of Alvaston Scrub, the right to enter pasture land, part of drainage ditch and part bed of Party Nook Brook south and west of Alvaston Scrub and east of Glastonbury Road for all purposes connected with the construction of a headwall and the realigning and regrading of bed of brook and bed of stream and construction and maintenance of a headwall and manholes, the laying and maintaining of surface water drain and the formation and maintenance of a pond (2/3, 2/3A, 2/3B, 2/3C, 2/3D, 2/3E, 2/5, 2/5A)(owned by K G Beale);The right to enter part of garden of 51 Glastonbury Road and part bed of Party Nook Brook for all purposes connected with the construction and maintenance of a manhole and the laying and maintaining of surface water drain to replace existing headwall (2/6)(owned by L A Bosworth);

Pasture land, parts of Footpath No 7, Footpath No 8, undefined footpath, access track and northwestern half width of Elvaston Lane, all west of Parkside Farm (2/7, 2/7A, 2/7B, 2/7C, 2/7D, 2/7E, 2/7F, 2/8, 2/8A, 2/8B, 2/9, 2/11, 2/11A)(owned by Pacedale Developments Ltd);

Pasture land north of and adjoining Elvaston Lane, part of northwestern half width of Elvaston Lane north of Wolverly Grange (2/10, 2/10A, 2/10B, 2/10C, 2/10D, 2/10E, 2/10F, 2/10G, 2/26, 2/27)(owned by Ideal Homes North West Ltd);Pasture land and adjoining southeastern half width of Elvaston Lane, uncultivated land and bed of pond east of Hilderstone Close (2/12, 2/12A, 2/12B, 3/1, 3/1A, 3/1B) (owned by the Secretary of State for the Environment, Transport and the Regions);

Pasture land south of and part of adjoining half width of Elvaston Lane (2/13, 2/14, 2/15, 2/16, 2/16A, 2/16B) (owned by J A Burnett);

Part of southeastern half width of Elvaston Lane, north of Wolverly Grange (2/17, 2/17A)(owned by L Griffin);
Part of southeastern half width of Elvaston Lane, north of Wolverly Grange (2/18, 2/18A)(owned by J Dyer);
Part of southeastern half width of Elvaston Lane, north of Wolverly Grange (2/19) (owned by R Stockdale);
Part of southeastern half width of Elvaston Lane, north of Wolverly Grange (2/20) (owned by T G Jeanes and Mrs V C Jeanes);
Part of southeastern half width of Elvaston Lane, north of Wolverly Grange (2/21) (owned by C A Woolley);
Part of southwestern half width of Elvaston Lane north of Wolverly Grange (2/24) (owned by B Matthews).

IN THE CITY OF DERBY AND IN THE PARISH OF ELVASTON IN THE DISTRICT OF SOUTH DERBYSHIRE

Woodland (part of Coronation Plantation), scrub trees, uncultivated land, arable land and parts of access track and undefined footpaths east of Woodchester Drive (3/2) (owned by Derbyshire County Council);Pasture land and parts of undefined footpaths east of Woodchester Drive (3/3, 3/3A) (owned by Central Land Holdings Ltd).

IN THE PARISH OF ELVASTON IN THE DISTRICT OF SOUTH DERBYSHIRE

Woodland (Part of Coronation Plantation), arable land, pasture land, parts of access track and undefined footpaths east and southeast of Woodchester Drive (3/2A, 3/2B, 3/4, 3/4A, 3/4B)(owned by Derbyshire County Council);Arable land north of A6 London Road and east and southeast of Alvaston Allotment Gardens (3/5, 3/5A, 3/5B, 3/5C)(owned by J E Chamberlain, Mrs S M Hunter and C E Chamberlain).

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The A6 Trunk Road (Alvaston Bypass Side Roads) Order 2001

The Secretary of State for Transport, Local Government and the Regions makes this order in exercise of powers conferred by sections 12, 14 and 125 of the Highways Act 1980 and of all other powers enabling him in that behalf:-

1. The Secretary of State is authorised in relation to the new trunk road to carry out the following works:
   1. improvement of each highway named in a schedule and shown on a plan by cross hatching;
   2. stopping up of each length of highway described in a schedule and, except where paragraph (6) of this article applies, shown on a plan by zebra hatching;
   3. construction of a new highway along each route whose centre line is shown on a plan by an unbroken black line surrounded by stipple;
   4. stopping up of each length of private means of access to premises described in a schedule and, except where paragraph (6) of this article applies, shown on a plan by a solid black band; and
   5. (e) provision of a new private means of access to premises along each route or at each location shown on a plan by thin diagonal hatching.
2. Where a new highway is to be constructed wholly or partly along the same route as a new access or part of one, that new highway shall be created subject to the private rights over that new access.
3. Each new highway is given a reference letter on a plan, which is also placed in a schedule, and will be a road unless the word "footpath", "bridleway" or "cycletrack" appears beneath its reference letter in that schedule, in which case it will be a footpath, bridleway or cycletrack (as the case may be). Each new access is given a number on a plan, which is also placed in a schedule.
4. Where a new highway is to be constructed or a new access is to be provided in connection with the stopping up of a length of highway or private means of access described in a schedule, its reference letter or number (as the case may be) is placed in that schedule opposite the description of that length.
5. Each plan shows the works indicated in a schedule and has the same number as that schedule, and the route of the trunk road and the new trunk road is shown in relation to the works shown on each plan.
6. Where an area of highway or private means of access to be stopped up coincides with:
   1. a length of highway which is to be improved, or
   2. the route of a new highway or new access, that highway or private means of access will be shown in an inset to the plan.
7. The Secretary of State is satisfied
   1. as respects each length of highway the stopping up of which is authorised by this Order, that another reasonably convenient route is available or will be provided before that length is stopped up, and
   2. as respects each length of private means of access the stopping up of which is authorised by this order, that other reasonably convenient means of access to relevant premises are available or will be provided before that length is stopped up or that no access to the relevant premises is reasonably required.
8. The new highways so indicated in Schedules 2 and 3 and given the reference letter E on site plan 2 and L on site plan 3 are highways to be constructed for temporary purposes. The Secretary of State is authorised to close any such highway at the end of one month from the date on which he notifies the Derby City Council that the highway in question is no longer needed for public use.
9. Each new highway (except those referred to in article 3) in schedules 1 to 3 shall be transferred to Derby City Council and each new highway in schedule 4 shall be transferred to Derbyshire County Council as the relevant highway authority, with effect from the date on which the Secretary of State notifies them that it has been completed and is open for traffic.
10. The new highway in schedule 1 and given the reference D shall become a classified road.
11. Where immediately before a length of highway is stopped up pursuant to this Order there is under, in, on, over, along or across that highway any apparatus of statutory undertakers then, subject to section 21 of the Highways Act 1980, those undertakers shall continue to have the same rights as respects that apparatus as they had immediately before the stopping up took place.

In this Order:

1. all measurements of distance are approximate only, and are measured along the route of the relevant highway or private means of access to premises, as the case may be;
2. a reference to a numbered article, Schedule or plan is a reference to the article of or schedule to this Order, or to the plan, so numbered; and "a schedule" means a schedule to this Order;

3. (i) "classified road"

   as a classification for a new highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;

   (ii) "new access"

   means a private means of access to premises authorised by this Order to be provided;

   (iii) "new highway"

   means a highway authorised by this Order to be Constructed;

   (iv) "plan"

   means one of the plans numbered 1 to 4 and contained in the plan folio numbered HA14/PS/257, marked "The A6 Trunk Road (Alvaston Bypass Side Roads) Order 2001", signed by authority of the Secretary of State and deposited at the Highways Agency, St Christopher House, Southwark Street, London, SE1 0TE;

   (v) "principal road"

   as a classification for a new highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and

   (vi) "the new means the new highway which the trunk road"

   Secretary of State proposes to construct, referred to in the A564 Trunk Road (Stoke-Derby Route) (Derby Southern Bypass, Derby Spur and Junctions) Order 1992 as amended by The A564 Trunk Road (Stoke-Derby Route) (Derby Southern Bypass, Derby Spur, Junctions and Slip Roads) Amendment Order 1994 and The A564 Trunk Road (Stoke-Derby Route) (Derby Southern Bypass, Derby Spur and Junctions) (Amendment) (England) Order 2001.

This Order shall come into force on 7th September 2001 and may be cited as the A6 Trunk Road (Alvaston Bypass Side Roads) Order 2001.

Signed by authority of the Secretary of State

David W. Ward

Divisional Director for Transport, Local Government and the Regions
Highways Agency

12th July 2001

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DEPARTMENT OF TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS

THE HIGHWAYS ACT 1980

THE A564 TRUNK ROAD (STOKE-DERBY ROUTE) (DERBY SOUTHERN BYPASS, DERBY SPUR AND JUNCTIONS)(AMENDMENT)(ENGLAND) ORDER 2001

THE A6 (ALVASTON BYPASS SIDE ROADS) ORDER 2001

THE SECRETARY OF STATE FOR TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS hereby gives notice that he has made the following Orders:

1. An Order under section 10 of the Highways Act 1980 providing that the A564 Trunk Road (Stoke-Derby Route)(Derby Southern Bypass, Derby Spur and Junctions) Order 1992, be amended. The A564 Trunk Road (Stoke-Derby Route)(Derby Southern Bypass, Derby Spur and Junctions (Amendment)(England) Order 2001 will:
   1. alter the alignment of the proposed A5111 roundabout in the City of Derby; and
   2. realign the route of the new trunk road where it meets with the roundabout on the existing A6 trunk road at Elvaston in the County of Derbyshire.
2. An Order under sections 12, 14 and 125 of the Highways Act 1980, in relation to the new Trunk Road to be constructed by him, which will;

   (1) authorise him to-

   1. improve highways,
   2. stop up highways,
   3. construct new highways,
   4. stop up private means of access to premises,
   5. provide new means of access to premises

   all at Alvaston in the City of Derby and Elvaston in the District of South Derbyshire all in the County of Derbyshire; and

3. provide for the transfer of each new highway to Derby City Council or Derbyshire County Council as highway authority specified for it in the Order as from the date on which he notifies them that it has been completed and is open for traffic.

COPIES of each Order and the plans referred to in it, have been deposited and may be seen at all reasonable hours from 27th July 2001 to 7th September 2001 at the Highways Agency, QP(QIM), Room G/44, St Christopher House, Southwark Street, London SE1 0TE; at the offices of the Highways Agency, Operations Directorate, Floor C8, Broadway, Broad Street, Birmingham B15 1BL; Government Office for the East Midlands, Belgrave Centre, Stanley Place, Talbot Street, Nottingham NG1 5GG; Derbyshire County Council, County Hall, Matlock, Derbyshire DE4 3AG; Derby City Council, Roman House, Friar Gate, Derby DE1 1XB; South Derbyshire District Council, Civic Way, Swadlincote, Derbyshire DE11 0AH; North West Leicestershire District Council, Council Offices, Coalville, Leicestershire; Alvaston Post Office, 3 Shardlow Road, Alvaston; Chellaston Post Office, 5 Derby Road, Chellaston; Shardlow Sub Post Office, 33A London Road, Shardlow; Hilton Post Office, 23-25 Main Street, Hilton, Derby; Findern Post Office, 24 The Green, Findern; Derby Central Library, The Wardwick, Derby; Castle Donington Library, Delven Lane, Castle Donington; Etwall Library, Main Street, Etwall and Sinfin Library, Sinfin District Centre, Arleston Lane, Derby.

COPIES of the Order number 1 above can be purchased through booksellers or direct from government bookshops (The Stationery Office). It is numbered SI 2001/2661 and priced at £3.50. Copies of the Order number 2 above can be obtained from the Highways Agency, Operations Directorate, Floor C8, Broadway, Broad Street, Birmingham B15 1BL, quoting reference HA/65/009/0139/2.

ANY PERSON AGGRIEVED by an Order mentioned in this notice who desires to question its validity, or the validity of any provision in it, on the ground that -

1. it is not within the powers of the Highways Act 1980, or
2. any requirement of that Act or of regulations made under that Act has not been complied with in relation to that Order,

may apply to the High Court within 6 weeks from the date of first publication of this notice. On such an application, the Court may suspend or quash that Order or any provision in it.

DATED 2001

G P RAINBOW
Highways Agency

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Select the link below to read the full Statutory Instrument at H.M.S.O. - the SI will open in a new window.

Statutory Instrument 2001 No. 2661 - The A564 Trunk Road (Stoke-Derby Route) (Derby Southern Bypass, Derby Spur and Junctions) (Amendment) (England) Order 2001