Highways Agency

A421 Great Barford Bypass

HIGHWAYS ACT 1980 ACQUISITION OF LAND ACT 1981

THE A421 TRUNK ROAD (GREAT BARFORD BYPASS)

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 Moat House Hotel, St Mary's Street, Bedford between 28 January and .6 February 2003 before Mr A L Roberts CB, CBE, AFC, FRAeS, an independent Inspector, nominated by the Lord Chancellor and appointed by the Secretaries of State to hear objections to, and representations about, the following draft Orders:
   • The A421 Trunk Road (Great Barford Bypass and Slip Roads) Order 20
   • The A421 Trunk Road (Great Barford Bypass Detrunking) Order 20
   • The A421 Trunk Road (Great Barford Bypass Side Roads) Order 20
   • The A421 Trunk Road (Great Barford Bypass) Compulsory Purchase Order (No )20;
   • The A421 Trunk Road (Great Barford Bypass Supplementary Side Roads) Order 20 ; and
   • The A421 Trunk Road (Great Barford Bypass) Supplementary Compulsory Purchase Order (No ) 20
2. The draft Orders relate to the provision of a new length of A421 Trunk Road between the eastern end of the Bedford Southern Bypass and the Black Cat roundabout on the Al Trunk Road, which would provide a bypass of Great Barford.

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's conclusions are in paragraphs IR 8.1.1 to IR 8.24.3. He concluded that the published scheme should proceed but was concerned about the reliability of the Rights of Way survey and considered there to be a strong case for another survey to be undertaken before decisions were taken on certain rights of way alternatives. He also concluded that subject to the outcome of the new survey further consideration be given to Alternatives F/3, F/5 and F/10, and to providing equestrian parapets on Barford Road and Birchfield Road overbridges. He also concluded that Alternative F/1 and Alternative I were worthy of further investigation but concluded against all other alternatives proposed. The Inspector recommended that the draft Orders should be made as set out in IR 9.1.

THE DECISION OF THE SECRETARIES OF STATE

4. The Secretaries of State have carefully considered all the objections, alternative proposals, counter objections, representations and expressions of support, both oral and written, together with the Inspector's report. They have considered the requirements of local and national planning, including the requirements of agriculture.
5. 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.
6. The Secretaries of State are satisfied that the scheme accords with the aims and objectives of the Government's White Paper "A New Deal for Transport: Better for Everyone". They note that the scheme is included in the Government's Targeted Programme of Improvements for trunk roads and are satisfied of the need to bypass Great Barford.
7. The Secretaries of State agree with the Inspector's conclusions in favour of the published proposals and have decided that they should be adopted, subject to paragraphs 9 to 13 below. They agree with the Inspector's conclusions in respect of all other objections, alternative proposals, counter objections, representations and matters raised.

Post inquiry correspondence

8. The Secretaries of State have carefully considered all the matters raised in the correspondence received since the inquiries closed, including correspondence received from a representative of Transport 2000 who amplified his objection made at the inquiries and raised a number of questions. These matters, insofar as they are relevant to the published Orders have been taken into account alongside the Inspector's conclusions and recommendations. The Secretaries of State are satisfied that there is nothing in any of the post inquiry correspondence, including that made on behalf of Transport 2000, which causes them to disagree with the Inspector's conclusions.

Rights of Way

9. The Secretaries of State have noted the Inspector's views on the Rights of Way surveys conducted in 2001 and accept his conclusion that a new survey should be undertaken by the Highways Agency. As a consequence they have decided not to make the proposals in the draft Side Roads Order that relate to Footpath 20 and Bridleway 6 (to which Alternatives F3, F/5, F/10 and the unnumbered alternative in IR 5.13.4 relate), and to modify accordingly the Compulsory Purchase Order. The Highways Agency will publish new draft proposals for the above rights of way based on its findings from the new survey. These proposals will be open to objection in the normal way. Should they have any effect on the Environmental Impact Assessment the Highways Agency will publish a revision to the Environmental Statement and provide anyone interested with the opportunity to comment.
10. In taking the decision in paragraph 9 above the Secretaries of State are mindful of the Inspector's comments in IR 8.2.1 about the need for the scheme. They take the view that the question of delay is just one factor to be taken into account by them in coming to a decision on the Inspector's conclusions and recommendations and they do not consider that it outweighs the need for a new survey.
11. In regard to the concerns raised about the height of the parapets on the Barford Road and Birchfield Road bridges the Secretaries of State agree with the Inspector at IR 8.19.2 that this is a matter to be considered at the detail design stage of the scheme, taking into account the results of the new survey. With regard to IR 8.17.2, the Secretaries of State confirm that the width of new footpaths and bridleways will be agreed with the local highway authority.

Alternative F/1 and Alternative

12. The Secretaries of State note that Footpath 23 terminates where it meets the existing A421 and is not directly affected by the new trunk road proposals. They take the view that a new length of Footpath 23 as proposed by Alternative F/l is a matter for the local highway authority. With regard to Alternative I, the Secretaries of State have noted the Inspector's views in IR 8.15.4 and IR 8.21.18.1 and 2. They have decided that a new draft Compulsory Purchase Order for the acquisition of the land needed for the bunding proposed in Alternative I will be published, and that planting proposals will be formulated.

London to South Midlands Multi Modal Study (LSMMMS)

13. The Secretaries of State in reaching their decision have taken into account the publication of the Final Report of the LSM.MMS and the Secretary of State for Transport's formal response to it on 9 July 2003. They also note that the Final Report was brought to the Inspector's attention before the inquiries closed. For the purpose of this decision it is considered important to record that under the Study's Terms of Reference, those commissioned to carry out the LSMMMS were required to take into account, when making their recommendations, that this proposed trunk road scheme already formed part of the Targeted Programme of Improvements. The Secretaries of State are satisfied that their decision and the design of this new trunk road scheme do not preclude the East - West Rail Link from being located in the same corridor should that be the route option chosen for the rail link in the future.

ORDERS TO BE MADE

14. In the light of the above the Secretary of State for Transport will make:-
    1. the following Orders as published in draft, subject to the modifications referred to in IR 8.22.1:
       1. The A421 Trunk Road (Great Barford Bypass and Slip Roads) Order 20 ;
       2. The A421 Trunk Road (Great Barford Bypass Detrunking) Order 20 ;
       3. The A421 Trunk Road (Great Barford Bypass Supplementary Side Roads) Order 20 ; and
       4. The A421 Trunk Road (Great Barford Bypass) Supplementary Compulsory Purchase Order ( ) 20 .
    2. the following Orders as published in draft, subject to the modifications referred to in IR 8.22.1 and paragraph 9 of this letter:-
       1. The A421 Trunk Road (Great Barford Bypass Side Roads) Order 20 and,
       2. The A421 Trunk Road (Great Barford Bypass) Compulsory Purchase Order (No ) 20

    The Secretary of State for Transport is satisfied that the modifications will not make a substantial change to the relevant Orders for the purpose of paragraph 8(3) of Schedule 1 to the Highways Act 1980.

15. 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 and section 23 of the Acquisition of Land Act 1981, 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.

COMPENSATION

16. 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 Land Compensation Acts 1961 and 1973.

AVAILABILITY OF INSPECTOR'S REPORT

17. A copy of this letter and the Inspector's report has been sent to those who objected or made representations 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 Secretaries of State, 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, Shaftesbury 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 three days notice should be given if possible.

Yours faithfully

John Dowie
Director of Planning and Transport