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THE CHESHIRE EAST COUNCIL (A533 MIDDLEWICH EASTERN BYPASS)

Notice ID: MFN0643132

Notice effective from
27th January 2022 to 26th February 2022

CHESHIRE EAST BOROUGH COUNCIL

THE CHESHIRE EAST COUNCIL (A533 MIDDLEWICH EASTERN BYPASS)

COMPULSORY PURCHASE ORDER 2022 COMPULSORY PURCHASE OF LAND IN THE VICINTY OF THE SETTLEMENT BOUNDARY TO THE EAST OF MIDDLEWICH, ADJACENT TO THE MIDPOINT 18 BUSINESS PARK AND BETWEEN POCHIN WAY AND THE A54 HOLMES CHAPEL ROAD IN THE NORTH AND A533 BOOTH LANE IN THE SOUTH

Notice is hereby given that the Cheshire East Council ("the Acquiring Authority") has made The Cheshire East Council (A533 Middlewich Eastern Bypass) Compulsory Purchase Order 2022 under Sections 8, 239, 240, 246, 250 and 260 of the Highways Act 1980 (as amended) and Parts II and III of Schedule 2, and Schedule 3 to the Acquisition of Land Act 1981. It is about to submit this order to the Secretary of State for Transport for confirmation, and if confirmed the order will authorise the Acquiring Authority to purchase compulsorily the land and the new rights described below for the purpose of:

a) the construction of a 2.74 kilometre highway, as the proposed A533, from a point on Pochin Way, at the eastern side of the private access road to Optima Logistics off Pochin Way, and extending south eastwards, then southwards, then south eastwards to connect with the A533 just east of where it junctions with Moston Footpath 6, at a point some 70 metres south east of Tetton Bridge, in the Parish of Middlewich, and the Parish of Moston, in the Borough of Cheshire East and in the Parish of Sproston, in the Borough of Cheshire West and Chester, in the County Palatine of Cheshire;



b) the construction of highways, the improvement of highways, and the provision of new means of access to premises in pursuance of The Cheshire East Council (A533 Middlewich Eastern Bypass) (Classified



Road) (Side Roads Order) 2022;

c) the carrying out of works on watercourses, including the diversion of non-navigable watercourses, in connection with the construction and improvement of highways and the provision of new means of access to premises as aforesaid;



d) use by the acquiring authority in connection with the construction and improvement of highways and the provision of new means of access to premises as aforesaid;



e) the improvement or development of frontages to the above mentioned new and existing highways or of the land adjoining or adjacent thereto; and



f) mitigating the adverse effect which the existence or use of the highways proposed to be constructed or improved will have on the surroundings thereof.



Copies of the Order and of the plan may be inspected free of charge at:

? Crewe Library, Lifestyle Centre, Moss Square, Crewe CW1 2BB between the hours of 9:30-12:30 and 14:00-17:30 Monday to Friday and from 9:30-13:00 on Saturdays.



? Middlewich Library, 22 Lewin Street, Middlewich CW10 9AS between the hours of 9:30-13:00 and 14:00-16:30 Monday, Tuesday, Thursday and Friday, and from 9:30-12:30 on Saturday.



? Sandbach Library, The Commons, Sandbach CW11 1FJ between the hours of 9:00-16:30 Monday, Tuesday, Thursday and Friday, 09:00-18:30 Wednesday and from 9:00-12:30 on Saturday.



? Northwich Library, Wilton Street, Northwich CW9 5DR between the hours of 10:00-13:00 and14:00-17:00 Monday, Tuesday and Friday, 14:00-18:00 Thursday and 10:00-13:00 on Saturday.



Please note that these timings are subject to change due to Covid-19 safety restrictions and guidance. The documents can also be viewed on the Council's website at:

https://www.cheshireeast.gov.uk/highways_

and_roads/roadworks/major-projects/middlewich-eastern-bypass/ middlewich-eastern-bypass.aspx

If you wish to view the documents but are not able to inspect them in person due to Covid-19 safety restrictions and guidance, and you do not have the facilities to view them on the Council's website, please contact Neil Grundy (email:

middlewicheasternbypass@cheshireeast.gov.uk

tel: 07976 582149) who will ensure that a copy of the Order and the accompanying relevant plans are provided to you by post, at no cost. Any objection to the order must be made in writing to the Secretary of State for Transport, National Transport Casework Team, Tyneside House, Skinnerburn Road, Newcastle Business Park, Newcastle upon Tyne NE4 7AR or by email to the

NATIONALCASEWORK@dft.gov.uk

before Friday 11th March 2022 and should state the title of the order, the grounds of objection and the objector's address and interests in the land. In submitting an objection, it should be noted that your personal data and correspondence will be passed by the Secretary of State for Transport to the Acquiring Authority to enable your objection to be considered. Where the Order becomes the subject of Public Local Inquiry procedures, all correspondence is copied to the Inspector conducting the Inquiry and will be kept in the Public Inquiry library, where it is made available for public access. If you do not wish your personal data to be forwarded, please state your reasons when submitting your objection and the Secretary of State will copy your representations, with your name and address removed, to the Acquiring Authority and if there is to be a Public Local Inquiry they will be seen by the Inspector, who may give them less weight as a result.

DESCRIPTION OF LAND AND THE NEW RIGHTS -Land to be Acquired

Land following a north-south alignment to the east of Middlewich, between Pochin Way and the A54 Holmes Chapel Road and the A533 Booth Lane to the south of Middlewich, comprising agricultural land, woodland, hedgerow, adopted highway, highway verge, private access track, land within the LPS 44 (Midpoint 18) allocation, field ponds, brownfield development land, overgrown scrubland, a residential property at 1 East Tetton Cottages and the eastern bank of a section of the River Croco.

New Rights to be Acquired

New rights are being sought over adopted highway, private access tracks, woodland, agricultural land, hedgerow, part of the River Croco, public footpath 'Middlewich Footpath 19', operational railway corridor and track of the Sandbach to Northwich Railway line, and the Trent and Mersey Canal and towpath. The rights being sought include (but not necessarily for each property) the following:

ACCESS AND GENERAL CONSTRUCTION

To enter the land at all times (with or without vehicles, machinery, equipment, plant and materials) (either temporarily or permanently) for all purposes necessary in connection with the surveying, demolition, construction, maintenance, inspection, use, renewal, repair, reinstatement, cleaning, decoration, connection, removal and replacement of land, property, structures and buildings adjacent to or abutting the land and the right to manage access to such parts of the land to accord with safe working practices (but without requiring exclusive possession of such land) including entering onto land, property, structures and buildings to make good and carry out protective works, boundary treatment works, to re-grade, re-surface and

landscape land, carry out support works from properties adjoining the land and to carry out accommodation and reconfiguration works to land where access is reconfigured in order to modify the retained land so that it can be brought back into beneficial use. OVERSAIL

To oversail and/or sail a crane or cranes (including, but not limited to, mobile crane platforms, jibs and booms and all associated equipment), loaded or unloaded through the airspace over the land and/or water. SCAFFOLDING/HOARDING

To erect, secure, use, decorate, clean, maintain, repair, renew, replace and take support for scaffolding and/or hoardings (including signage) on land or land adjoining or abutting the boundaries of the land for the purpose of maintenance, inspection and repair of land, highways and structures adjacent to or abutting the land, including but not limited to cradle scaffolding for the survey, construction, inspection and ongoing maintenance of bridges.

SERVICE MEDIA

To disconnect, install, lay, strengthen, connect to, divert, alter, use, maintain, repair, replace, renew, inspect and remove the surface media in, over or under the land as necessary and to make good any damage caused in connection with the exercise of these rights.

AMENDMENTS TO ACCESS/EGRESS ARRANGEMENTS

To alter, divert, replace and/or remove access/egress routes (either on a temporary or permanent basis) forming part of or used by the land whilst always providing an alternative means of access/egress from the land whilst carrying out such works and to grant rights for owners and occupiers of land to use said access/egress routes.

CONSTRUCTION OF NEW ACCESS

To enter the land at all times (with or without vehicles, machinery, equipment, plant and materials) for all purposes necessary in connection with the construction of a new access/egress onto or from land or used by the land, including the installation of new gates.

FUTURE INSPECTIONS AND MAINTENANCE

To enter the land at all times (with or without vehicles, machinery, equipment, plant and materials) for all purposes necessary in connection with the maintenance and inspection of the new road to be constructed, and the new bridges to be constructed, together with any ancillary support structures, drains, earthworks, scour protection measures, structural connections and components, bridge abutments and bridge deck or other structures or development on the land CONDITION SURVEYS

To enter the land on foot only and temporarily remain on the land for the purposes of carrying out non-intrusive condition surveys in accordance with safe working practices and to document the condition of the land before, during and after development, if so necessary.

DELIVERIES

To access the land at all times (with or without vehicles, machinery, equipment, plant and materials) for the purposes of delivery, removing and sorting materials, plant and machinery, and the right (from time to time) to create, divert and/or otherwise manage pedestrian and vehicular access to, on and across land to facilitate the delivery of the scheme (including the ongoing maintenance and inspection of the scheme) and to accord with safe working practices.

DISCHARGE OF WATER

To carry out initial excavation and construction of a discharge pipe and outfall and to discharge uncontaminated surface waters, land drainage waters and waters from highway drains into the new watercourse channel outfall to be constructed as part of the scheme in order to enable satisfactory operation of the channel outfall, including the provision of access for construction, maintenance, inspection, use, renewal, repair, reinstatement and cleaning BARGES

To access the canal for delivery, removal, assembly and operation of floating platform/barge to facilitate the construction and future maintenance of the bridge, including building and removal of installation platforms, tug attendance, access over the water, mooring or beaching in the navigable waterway and temporary obstruction of the navigable waterway during construction and future maintenance of the bridge

ECOLOGICAL MITIGATION

The right of access with or without vehicles, plant and machinery to carry out, maintain, manage and inspect ecological and environmental mitigation works, including (as necessary) the installation, inspection, repair and maintenance of landscape fencing, fencing to protect planting from livestock, ecological habitats, kingfisher tunnels, bat and/ or bird boxes, planting for hedgerow strengthening and/or shrub planting for habitat improvement during construction and for 25 years following completion of construction.

RAIL BRIDGE CONSTRUCTION

The right to carry out construction works above and around the railway line in connection with the construction of a new road bridge crossing the railway, including pilings, reinforcement structures, foundations and drainage and the permanent right to the airspace above the railway from a point 48.320m above ordnance datum for the siting of the road bridge RAILWAY ACCESS

The right to install a temporary crossing of the railway for use during the construction of the scheme and the right of access with or without vehicles, plant and machinery over the railway crossing in connection with the temporary storage and removal of construction materials plant and equipment on the Acquiring Authority's adjoining land, including the right to construct, repair and maintain a new temporary reinforced railway crossing platform with a right of support for the crossing

CANAL BRIDGE CONSTRUCTION

The right to carry out construction works above and around the canal in connection with the construction of a new road bridge crossing the canal, including pilings reinforcement structures, foundations and drainage and the permanent right to the airspace above the canal from a point 45.510m above ordnance datum for the siting of the road bridge

CANAL TOWPATH ACCESS

The right of access with or without vehicles, plant and machinery over the canal towpaths in connection with improvement works to the canal and its embankments, including reinforcement works

BRIDGE MAINTENANCE

The permanent right to access the land around and under the bridge structure and the bridge itself for the purposes of inspection, repair, maintenance and, where necessary, reconstruction of the bridge structure as may be necessary

PUBLIC HIGHWAY

The right to construct, retain and maintain a highway on the highway bridge over the Trent and Mersey Canal and the highway bridge over the railway

Signed

David Brown, Director of Governance and Compliance, Cheshire East Council 26th January 2022



Attachments

MFN0643132.pdf Download

Cheshire East Council

Westfields , Middlewich Road , Sandbach , Cheshire , CW11 1HZ

http://www.cheshireeast.gov.uk/ 0300 123 55 00

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