Highways Agency

A428 Caxton Common to Hardwick Improvement

THE A428 TRUNK ROAD (CAXTON COMMON RO HARDWICK IMPROVEMENT)

1. I am directed by the first Secretary of State and the Secretary of State for Transport ("the Secretaries of State") to refer to the concurrent public local inquiries ("the inquiries") held at the Village Hall, Dry Drayton, Cambridgeshire, between 30 September and 7 October 2003 before Mr. C J Tipping MA (Cantab), an independent Inspector appointed by the Secretaries of State, to hear objections to, and representations about, the following draft orders:
   • The A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) Order 20;
   • The A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) Compulsory Purchase Order (No. ) 20;
   • The A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) Side Roads Order 20;
   • The A428 Trunk Road (Caxton Gibbet to Cambourne Improvement) (Detrunking) Order 20;
   • The A428 Trunk Road (Cambourne to Hardwick Improvement and Slip Roads) Order 20;
   • The A428 Trunk Road (Cambourne to Hardwick Improvement) Compulsory Purchase Order (No. ) 20;
   • The A428 Trunk Road (Cambourne to Hardwick Improvement) Side Roads Order 20;
   • The A428 Trunk Road (Cambourne to Hardwick Improvement) (Detrunking) Order 20;
   • The A428 Trunk Road (Cambourne to Hardwick Improvement) (Prohibition of Use of Gap in Central Reservation) Order 20.
2. The draft Orders would, if made, provide for the improvement to dual carriageway standard of two sections of the A428 Trunk Road between the A1198 Caxton Gibbet roundabout and Hardwick, west of Cambridge, including new provision of a grade separated junction at Hardwick

THE INSPECTOR'S REPORT

3. A copy of the Inspector's report is enclosed. In this letter references to paragraph numbers in the Inspector's report are indicated by the abbreviation "IR". The Inspector concluded (IR 8.1 to 8.33) in favour of the published proposals. He recommended (IR 9.1) that the Side Roads and Compulsory Purchase Orders should be made with the modifications referred to in IR 4.41 and listed at Annex 3 of his report, and that the five other Orders should be made as published in draft.

THE DECISION OF THE SECRETARIES OF STATE

Procedural Matters

4. With regard to the procedural matters recorded in IR 2.1 to 2.6 about the evidence and closing submission of Transport 2000, the Secretaries of State agree with the Inspector's decision on the handling of this matter (IR 2.6). Nevertheless, in coming to their decision the Secretaries of State have taken account of this closing submission in its entirety alongside the Inspector's report and are satisfied that it raises nothing that causes them to disagree with the Inspector's conclusions and recommendations.

The Scheme

5. The Secretaries of State have carefully considered all the objections, alternative proposals, counter objections, representations and expressions of support made, both oral and written, the evidence presented at the inquiries and the Inspector's Report. They have considered the requirements of local and national planning, including the requirements of agriculture.
6. The Secretaries of State are satisfied that the environmental impact assessment undertaken for the proposed scheme meets the requirements of European Community Directive 85/337/EEC ("the Directive") as amended by EC Directive 97/11. They have considered the Environmental Statement published pursuant to section 105A of the Highways Act 1980 which implements the requirements of the Directive, and all the opinions expressed in relation to that statement.
7. The Secretaries of State are also satisfied that the scheme accords with the aims and objectives of the Governments White Paper "A New Deal for Transport: Better for everyone" and note that it is included in the Government's Targeted Programme of Improvements. The Secretaries of State, having considered the evidence presented at the inquiry, agree with, and accept, the Inspector's conclusions and accept his recommendations subject to the comments in paragraphs 8 to 11 below.
8. The Secretaries of State agree with the Inspector's conclusions in IR 8.15 about the provision of a Park-and-Ride facility at the airport site in Cambourne. This was not a matter formally before the Inquiry Inspector and they note that no supporting evidence was provided as to its need. The Secretaries of State take the view that this is a matter more appropriate for the local authorities. Moreover, the Secretaries of State agree that such a facility would not reduce traffic east of the airfield so as to bring levels within the capacity of the existing A428 and are therefore satisfied that the A428 improvement as published is fully justified.
9. In response to the Inspector's conclusion at IR 8.17 about the Cambridge to Huntingdon Multi-Modal Study (CHUMMS) being the appropriate forum for further consideration of changes to the Girton Interchange and Junction 13 of the M11and traffic management in the City of Cambridge generally, the Secretaries of State have had regard to the Secretary of State for Transport's formal response, in December 2001, to the Final Report of CHUMMS. The Secretaries of State can therefore confirm that following this response it falls to the local highway authority to promote as necessary any appropriate traffic management measures in Cambridge and to the Highways Agency to consider improvement of M11 Junctions 13 and 14 (Girton Interchange).
10. On the issue of reinstating the Bedford to Cambridge rail link and the Inspector's conclusion at IR 8.16, the Secretaries of State have taken into account the Secretary of State for Transport's statement on the East-West Rail Link made in his formal response in July 2003 to the Final Report of the London to South Midlands Multi Modal Study. This was to the effect that although the Bedford - Cambridge section could merit further consideration in the longer term, the Strategic Rail Authority were not being asked to carry out further work in the short term. Consequently, the Secretaries of state agree with the Inspector's conclusions in IR 8.16 and are satisfied that there are no grounds for including provision for the rail link in this road scheme. However, they are satisfied that this decision and the design of the published scheme for the improved A428 do not preclude the rail link from being provided on a parallel alignment to it should that be a route option identified for the rail link in the future.
11. With regard to the conclusion reached by the Inspector at IR 8.24 about reducing the speed limit through Dry Drayton, the Secretaries of State take the view that that this would be a matter for the local highway authority to take forward.

ORDERS TO BE MADE

12. In the light of the above the Secretary of State for Transport will shortly make the Orders listed in paragraph 1 above in accordance with the Inspector's recommendations. The Secretary of State for Transport is satisfied that the modifications to the Side Roads Orders will not make a substantial to the published Orders for the purpose of paragraph 8(3) of Schedule 1 to the Highways Act 1980. Where additional land is required the related modifications to the Compulsory Purchase Orders are authorised on the understanding that all the persons affected have given their consent as required by paragraph 5 of Schedule 1 of the Acquisition of Land Act 1981.
13. Public Notice will be given when the Orders are made. Any person who wishes to question their validity, or of any particular provision contained in them, on the grounds that the Secretary of State for Transport has exceeded his powers or has not complied with the relevant statutory requirements in making the Orders may, under the provisions of Schedule 2 to the Highways Act 1980, section 23 of the Acquisition of Land Act 1981, and Part VI of Schedule 9 to the Road Traffic Regulation Act 1984, do so by application to the High Court. Such application must be made within six weeks of publication of notice that the Orders have been made, except in the case of the Gap Closure Order under the Road Traffic Regulation Act 1984, where an application must be made within six weeks from the date the Order was made.

COMPENSATION

14. After the Compulsory Purchase Orders have been made the owners and occupiers of the land in the made Orders will be approached about the amount of compensation payable to them in respect of their interest in the land. If the amount cannot be agreed with the Highways Agency's valuer the matter may be referred for determination to the Lands Tribunal under the Lands Tribunal Act 1949 and the Lands Compensation Acts 1961 and 1973.

AVAILABILITY OF INSPECTOR'S REPORT

14. Copies of this letter and the Inspector's report have been sent to those who objected, made representation or expressed support and any other person who, having appeared at the inquiry, has asked to be notified of the decision. Any person who is entitled to be supplied with a copy of the Inspector's report may apply to the Secretary of State for Transport within six weeks of receipt of this letter to inspect any document appended to the report. Any such application should be made to Sue Probets, the Government Office for the East of England , Eastbrook, Shaftsbury Road, Cambridge CB2 2DF (Tel: 01223 372756). Applications should state the date and time (within normal office hours) when it is proposed to make the inspection. At least 3 days notice should be given if possible.

Yours Faithfully

John Dowie
Director of Planning and Transport