The Mottram/Tintwistle Bypass and Glossop Spur Public Inquiry - Statement of Matters

After the Inquiry, the Inspector will report to the Secretaries of State. His report will include, among other things, one of the following three recommendations in respect of the Orders:-

• Either, that the Orders are made without modification; or
• That the orders are made in a modified form; or
• That the Orders are not made.

In reaching his recommendations, the Inspector will consider the following matters, as will the Secretaries of State.

In respect of the Line Order and the Detrunking Order, such changes to the trunk road network should, bearing in mind the requirements of local and national planning, including the requirements of agriculture, be expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales.

In respect of the Side Roads Orders, there should be:-

• A reasonably convenient alternative route, and
• Where private means of access are to be stopped up, another reasonably convenient access should be available or should be provided.

In respect of the Prohibition of Certain Classes of Traffic and Pedestrians Order, these Orders should be expedient either for reasons of:-

• Safety, or
• Preventing damage to the road or nearby buildings, or
• Facilitating the use of the road, or
• Preventing the use of the road by unsuitable traffic, or
• Preserving the character of the road, or
• Preserving or improving local amenities, or
• For any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

In respect of the Compulsory Purchase Orders, there should be:-

• A compelling case for acquisition in the public interest, and
• Evidence that this justifies interfering with the human rights of those with an interest in the land, and
• Evidence that the acquiring authority (the Highways Agency) has a clear idea of how the land is to be used, and
• Evidence that the acquiring authority can show that all necessary resources to carry out its plans are likely to be available in a reasonable time scale, and
• Evidence that the scheme is unlikely to be blocked by any impediment to implementation.

In respect of the Notice of Intention to issue a Certificate under Section 19 of the Acquisition of Land Act, the compulsory purchase of public open space shall be subject to special parliamentary procedure unless the relevant Secretary of State is satisfied that there has been or will be given in exchange for such land, other land, not being less in area and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attached to the land purchased.

In respect of the Notice of Intention to issue a Certificate under Section 6(1)(b) of Schedule 3 to the Acquisition of Land Act, the compulsory purchase order that would authorise the acquisition of a right over land forming part of a public open space shall be subject to special parliamentary procedure unless the relevant Secretary of State is satisfied that there has been or will be given in exchange for the right addiitonal land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if an, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attached to that land apart from the compulsory purchase order. such land, other land, not being less in area and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attached to the land purchased.