The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014
- Work No. 1 the construction of new private means of access from C610 Old Hall Lane to private properties and privately owned fields to the east of the new A556; the construction of an extension of the existing outfall pipe (discharge from Tabley Services) to the unnamed watercourse feeding Tabley Brook at Over Tabley; the construction of a new private means of access to field OS No. 0031, on the west of the proposed new Old Hall Lane (West) (Reference A), 546 metres north of the junction between C610 Old Hall Lane and the access to Over Tabley Hall Farm (Reference 1 - Rights of Way and Access Plans – Sheet 2); the provision of replacement parking spaces for Tabley Parish Hall; the provision of replacement parking spaces for St Paul’s Church, Tabley; the construction of a new private means of access to field OS No. 0031, on the east of the proposed new Old Hall Lane (West) (Reference A), 211 metres south of the northern end of Old Hall Lane (West) (Reference 4 - Rights of Way and Access Plans – Sheet 2); the construction of a new private means of access to the new highway drainage attenuation and pollution control facility, west of the proposed new Old Hall Lane (West) (Reference A) and field OS No. 1280, 126 metres northeast of the junction between C610 Old Hall Lane and the access to Over Tabley Hall Farm (Reference 5 - Rights of Way and Access Plans – Sheet 2); the construction of a new private means of access to field OS No. 0031, on the south of the proposed Old Hall Lane (East) (Reference B), 205 metres east of the western end of Old Hall Lane (East) (Reference 8 - Rights of Way and Access Plans – Sheet 2); the diversion of a watercourse (unnamed ditch) to the south of the new Old Hall Lane (East); the construction of a new private means of access to field OS No. 0077 and field OS No. 0058, on the south of the improved UW2127 Bentley Hurst Lane, 180 metres east of its junction with the eastern access to Bentley Hurst Farm (Reference 1 - Rights of Way and Access Plans – Sheet 3); the construction of new private means of access from UW2127 Bentley Hurst Lane to private properties and privately owned fields to the west of the new A556; the diversion of Tabley Brook to the west of the new A556 and to the south of the new highway drainage attenuation and pollution control facility; the construction of new private means of access from the A50 to private properties and privately owned fields to the east and west of the new A556; the construction of a new culvert beneath re-aligned A50, east of the new A556 and the new A50 roundabout junction; the construction of new private means of access from C113 Bucklow Hill Lane to private properties and privately owned fields to the east and west of the new A556; the construction of new private means of access from C114 Chapel Lane to private properties and privately owned fields to the east and west of the new A556; the construction of a new private means of access to field OS No. 9164 on the north of the improved C114 Chapel Lane, 346 metres north west of its junction with A556 Chester Road (Reference 4 - Rights of Way and Access Plans – Sheet 5); the construction of new private means of access from C116 Millington Lane to private properties and privately owned fields to the west of the new A556; the construction of a new access track from the M56 westbound carriageway to the new highway drainage attenuation pond to the west of the new A556 and south of the M56; the construction of a new private means of access to field OS No. 4161, on the west of the Bowdon Roundabout Link, 48 metres south of its junction with Bowdon Roundabout (Reference 2 - Rights of Way and Access Plans – Sheet 7); the construction of a new private means of access to the new highway drainage attenuation and pollution control facility and field OS No. 6285, on the east of Bowdon Roundabout Link, 51 metres south of its junction with Bowdon Roundabout, north eastwards then south eastwards for a distance of 400 metres to join Yarwoodheath Farm Access Bridge (Reference 4 - Rights of Way and Access Plans – Sheet 7); and the construction of a new access to Yarwoodheath Lane and privately owned fields on the south of the improved M56 Junction 7/8, and re-alignment of Yarwoodheath Lane.
- Work No. 2 — the re-location of the Driver and Vehicle Standards Agency Goods Vehicle Test Station from west of the existing A556 to the centre of Bowdon Roundabout.
- Work No. 3 — the improvement of the M6 southbound carriageway between M6 Junction 19 and the overbridge of the A5033 Northwich Road to include: the construction of a new engineered earthworks slope to the north of the M6 southbound carriageway, but within the existing highway boundary; relining of the southbound carriageway; and associated highway works.
- Work No. 4 — the improvements associated with the de-trunking of the existing A556 Chester Road from M6 Junction 19 to the new Cherry Tree Lane link, including: reducing the current road cross section to a rural type single carriageway road; the construction of a new non-motorised user facility for pedestrians, cyclists and equestrian users, running between the new non-motorised user link from M6 Junction 19 and the new at grade junction at Millington Lane; the construction of a low profile bund and landscaping to provide separation between the single carriageway road and the non-motorised user facility; the construction of new access tracks and private means of access to adjacent lands and properties; the construction of a new private means of access to field OS No. 3111 and field OS No. 2500, on the west of the new A556, 171 metres south of its junction with the improved C116 Millington Lane (Reference 2 - Rights of Way and Access Plans – Sheet 6); and the construction of a new private means of access to field OS No. 4848, 46 metres north of the junction of the existing A556 Chester Road with C116 Millington Lane (Reference 5 - Rights of Way and Access Plans – Sheet 6).
- Work No. 5 — the diversion of 320 metres of gas transmission pipeline north of Old Hall Lane (West) and the new highway drainage attenuation and pollution control facility, including the erection of marker posts.
- Work No 6 — the diversion of 665 metres of oil pipeline from the south east of Chapel Lane diversion to the north west of Chapel Lane diversion.
- Work No. 7 — the diversion of 460 metres of water pipeline from A556 Chester Road at junction with Millington Lane to south of Mereside Farm. and in connection with the construction of any of those works, further development within the Order limits consisting of: alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footway, cycle track or verge; and reducing the width of the carriageway of the street; ramps, means of access, footpaths, bridleways, cycle tracks, embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, wing walls, highway lighting, fencing and culverts; street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street; works to place or maintain apparatus in a street; works to alter the position of apparatus, including mains, sewers, drains and cables; works to alter the course of, or otherwise interfere with a watercourse other than a navigable watercourse; landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development; works for the benefit or protection of land affected by the authorised development; works required for the strengthening, improvement, maintenance or reconstruction of any streets; and such other works, including contractors’ compounds, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development and which fall within the scope of the environmental impact assessment.
SCHEDULE 2 — REQUIREMENTS
Interpretation
1
In this Schedule—
- “CEMP” means the construction environmental management plan, being the EMP as approved prior to the construction of the authorised development;
- “EMP” means the environmental management plan referred to in paragraph 4(1);
- “environmental statement” means the document certified as the environmental statement under article 34 (certification of plans, etc.) for the purposes of this Order;
- “European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017; and
- “HEMP” means the handover environmental management plan, being the EMP to be developed towards the end of the construction of the authorised development to contain—the environmental information needed for the future maintenance and operation of the authorised development;the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the scheme; anda record of the consents, commitments and permissions resulting from liaison with statutory bodies including Natural England.
Time limits
2
The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.
Detailed design
3
- (1) The authorised development must be carried out in accordance with the scheme design shown on the works plans, the structure drawings, the junction design drawings, the lighting drawings, the car parking drawings and the engineering drawings and sections, unless otherwise agreed in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its statutory powers, and provided the development so altered falls within the limits of deviation and within the envelope of the environmental statement referred to in article 34(1)(f) (certification of plans, etc.).
- (2) Natural England must be consulted on the design of any structures that serve to mitigate or compensate for impacts on protected species referred to in paragraph 9.
Environmental management plan
4
- (1) An EMP must be prepared and implemented for the purpose of managing the environmental effects of the authorised development.
- (2) The EMP must include—
- (a) a written scheme for the investigation of areas of archaeological interest;
- (b) management and maintenance information on cultural heritage assets;
- (c) a site waste management plan;
- (d) a materials management plan;
- (e) a landscape management plan;
- (f) a resources management plan; and
- (g) an ecological management plan.
- (3) The authorised development must be constructed in accordance with the EMP.
- (4) No authorised development must commence until a CEMP has been submitted to and approved in writing by the Secretary of State, in consultation with Natural England to the extent that it relates to protected species or protected sites and the relevant planning authority to the extent that it relates to methods for the control of nuisances and pollution.
- (5) The CEMP must reflect the mitigation and compensation measures included in the environmental statement, and must include—
- (a) outline plans to address each of the matters to be included in the EMP;
- (b) measures to address control of noise, fumes, light, vibration and dust during construction;
- (c) measures to address site waste management;
- (d) restrictions on carrying out construction works close to the Rostherne Mere site of special scientific interest or the Rostherne Mere Ramsar site during the wintering bird season from the beginning of September to the end of February;
- (e) action plans, working methods and mitigation measures for each of the topics covered in the environmental statement; and
- (f) any additional mitigation or compensation measures relating to nationally or European protected species or habitats that are subsequently agreed with Natural England, which includes working methods and mitigation or compensation measures agreed through any protected species licence applications.
- (6) The construction of the authorised development must be carried out in accordance with the CEMP.
- (7) The Secretary of State may modify the CEMP at any time after the authorised development has commenced and must notify Natural England of any modifications as far as they relate to protected species or protected sites.
- (8) Before the end of the construction of the authorised development the CEMP must be converted into the HEMP.
- (9) The authorised development must be operated and maintained in accordance with the HEMP.
Implementation and maintenance of landscaping
5
- (1) The authorised development must be landscaped in accordance with a landscaping scheme that has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.
- (2) The landscaping scheme must reflect the mitigation measures included in the environmental statement and set out details of all proposed hard and soft landscaping works, including—
- (a) location, number, species, size and planting density of any proposed planting;
- (b) cultivation, importing of materials and other operations to ensure plant establishment;
- (c) proposed finished ground levels;
- (d) hard surfacing materials;
- (e) vehicular and pedestrian access, parking and circulation areas;
- (f) details of existing trees to be retained, with measures for their protection during the construction period;
- (g) retained historic landscape features and proposals for restoration, where relevant; and
- (h) implementation timetables for all landscaping works.
- (3) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.
- (4) The landscaping works must be carried out in accordance with implementation timetables referred to in sub-paragraph (2).
- (5) Any tree or shrub planted as part of the landscaping scheme that, within a period of two years after planting, dies or becomes, in the opinion of the Secretary of State, seriously diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State gives written consent to any variation.
Fencing
6
Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Highways Agency’s Manual of Contract Documents for Highway Works, Volume 1 – Specification for Highway Works (consolidated edition, November 2005, as amended as at May 2014), except where any departures from that manual are agreed in writing by the Secretary of State.
Ecological mitigation
7
Ecological mitigation of the authorised development with respect to protected species, including the provision of any mammal underpasses or tunnels, must be provided in accordance with the principles of guidance from the Highways Agency’s Design Manual for Roads and Bridges, Volume 10, Section 4 (Volume 10, October 1994, as amended as at May 2014), as supported by additional guidance from the Institute of Ecology and Environmental Management, published ecological literature, and consultation with statutory and non-statutory nature conservation bodies, except where any departures from that guidance are agreed in writing by the Secretary of State, following consultation with Natural England.
Contaminated land and groundwater
8
- (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported immediately to the relevant planning authority and the Environment Agency, and the Secretary of State must complete a risk assessment of the contamination.
- (2) Where the Secretary of State determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.
- (3) Remediation must be carried out in accordance with the approved scheme.
Protected species
9
- (1) No authorised development is to commence until final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected, or likely to be affected, by any part of the relevant works or in any of the trees and shrubs to be lopped or felled as part of the relevant works.
- (2) Where a protected species is shown to be, or where there is a reasonable likelihood of it being, present, the relevant parts of the relevant works must not begin until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State after consultation with Natural England.
- (3) The relevant works must be carried out in accordance with the approved scheme, and under licence where necessary, unless otherwise agreed by the Secretary of State, after consultation with Natural England.
- (4) Monitoring of impacts on protected species and habitats prior to, during and after construction, together with the monitoring and management of mitigation measures, must be carried out as far as required to meet the licence requirements.
- (5) In the event that any protected species are found at any time when carrying out the authorised development which were not previously identified in the environmental statement—
- (a) the finding must be reported immediately to Natural England; and
- (b) no activities requiring a protected species licence are to continue until a scheme of protection and mitigation measures for the protected species has been submitted in writing to, and approved in writing by, Natural England and the Secretary of State.
Surface water drainage
10
- (1) No authorised development is to commence until written details of the surface and foul water drainage system, reflecting the mitigation measures in the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State.
- (2) The surface and foul water drainage system must be constructed in accordance with the approved details.
Archaeological remains
11
- (1) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be investigated and recorded and reported to the Secretary of State by means of a technical report identifying the location for the housing of any finds.
- (2) No construction operations are to take place within 10 metres of such remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority.
- (3) If the Secretary of State is of the view that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details first submitted in writing to, and approved in writing by, the Secretary of State.
Buildings at risk
12
No authorised development is to commence in the vicinity of any buildings assessed to be at risk in the environmental statement or in the opinion of the relevant planning authority without first notifying the relevant planning authority.
Traffic management
13
- (1) No authorised development is to commence until a traffic management plan has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.
- (2) The authorised development must be constructed in accordance with the approved details.
14
Work No. 4 must not be brought into use until the traffic authority, or the Secretary of State under the powers conferred by article 37 (traffic regulation), has carried out consultation on a proposed order under section 1 of the 1984 Act (traffic regulation orders outside Greater London) to restrict access by motorised vehicles to Work No. 4(b).
15
The headroom within the non-motorised user underpass at Old Hall Lane must not be less than 3 metres.
Air quality
16
The speed limit referred to in Part 5 of Schedule 3 (classification of roads, etc.) must remain in place until the results of air quality monitoring indicate that air quality has improved sufficiently to allow the speed limit to be raised to 70mph, pursuant to a monitoring strategy developed in consultation with the relevant planning authority.
Amendments to approved details
17
With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved in writing.
SCHEDULE 3 — CLASSIFICATION OF ROADS ETC.
PART 1 — SPECIAL ROADS
In the administrative area of Cheshire East Council—
1
A road constructed on a route, 871 metres in length, starting at a point 249 metres north by north east of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, proceeding initially in a north easterly direction, to a point 260 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, reference letter AA on the Special Roads Plan.
2
A road constructed on a route, 828 metres in length, starting at a point 256 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding initially in a north westerly direction, to a point 251 metres north by north east of a point forming the intersect of the centreline of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, reference letter BB on the Special Roads Plan.
3
A road constructed on a route, 619 metres in length, starting at a point 421 metres south by south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding initially in a north westerly direction, to a point 291 metres south of the junction between the centreline of the M56 Eastbound Spur On-Slip with Bowdon Roundabout, reference letter CC on the Special Roads Plan.
4
A road constructed on a route, 96 metres in length, starting at a point 280 metres south by south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding in a north westerly direction, to a point 186 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, reference letter DD on the Special Roads Plan.
PART 2 — OTHER TRUNK ROADS
In the administrative area of Cheshire East Council—
5
A road constructed on a route, comprising the new A556 Trunk Road, between point A on sheet 2 of the engineering drawings and sections, being a point on the existing M6 Junction 19 roundabout and point B on sheet 7 of the engineering drawings and sections, being a point 250 metres north of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, for a distance of 6556 metres in a northerly direction.
6
A road constructed on a route, comprising the new Bowdon Roundabout Link Road, the circulatory carriageway of the new M56 J7/8 South Roundabout and the new A556 Southbound Merge Interchange Link, between point C on sheet 7 of the engineering drawings and sections, being a point on the existing Bowdon Roundabout highway boundary and point D on sheet 7 of the engineering drawings and sections, being a point on the existing A556 highway boundary, 201 metres north of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, for a distance of 691 metres in a southerly then south westerly direction.
PART 3 — ROADS TO BE DE-TRUNKED
In the administrative area of Cheshire East Council—
7
The section of highway between point A on sheet 2 of the De-Trunking Plans, being a point 10 metres south of the junction between Old Hall Lane and the A556 Chester Road and point B on sheet 6 of the De-Trunking Plans, being a point 202 metres north of the junction between Millington Lane and the A556 Chester Road, for a distance of 5003 metres in a northerly direction.
PART 4 — ROADS SUBJECT TO 50 MPH SPEED LIMIT
8
The new A556 northbound carriageway continued into the new M56 Spur eastbound carriageway from a point 395 metres south of the southern abutment of Chester Road Bridge to a point 559 metres south east of the centre of Bowdon Roundabout, a distance of 1,418 metres.
9
The new M56 Spur westbound carriageway continued into the new A556 southbound carriageway from a point 827 metres south east of the centre of Bowdon Roundabout to a point 395 metres south of the southern abutment of Chester Road Bridge, a distance of 1,698 metres.
10
The new A556-A56 northbound off-slip from its junction with the new A556 and its junction with Bowdon Roundabout, a distance of 383 metres.
11
The new A556 southbound merge interchange link from its junction with the new M56 Junction 7/8 South Roundabout to its junction with the M56 westbound entry loop, a distance of 528 metres.
PART 5 — ROADS SUBJECT TO 60 MPH SPEED LIMIT
12
The new A556 from its junction with M6 Junction 19 to a point 395 metres south of the southern abutment of Chester Road Bridge.
SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS
PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
| (1) Area | (2) Street to be stopped up | (3) Extent of stopping up | (3) Extent of stopping up | (4) New street to be substituted |
|---|---|---|---|---|
| Rights of Way and Access Plans – Sheet 2 | Rights of Way and Access Plans – Sheet 2 | Rights of Way and Access Plans – Sheet 2 | Rights of Way and Access Plans – Sheet 2 | Rights of Way and Access Plans – Sheet 2 |
| In the administrative area of Cheshire East Council― | C610 Old Hall Lane | From a point 46 metres west of its junction with the existing A556 Chester Road, westwards to a point 20 metres east of the access to Over Tabley Hall Farm, a total distance of 182 metres. | From a point 46 metres west of its junction with the existing A556 Chester Road, westwards to a point 20 metres east of the access to Over Tabley Hall Farm, a total distance of 182 metres. | Reference C – Rights of Way and Access Plans Sheet 2 = New bridleway from a point on the A556 Chester Road 13 metres south of its junction with C610 Old Hall Lane, generally westwards beneath the new trunk road, then northwards along the western boundary of the new trunk road, then westwards along the route of the stopped up C610 Old Hall Lane, to a new junction with the improved C610 Old Hall Lane, a total distance of 269 metres. |
| In the administrative area of Cheshire East Council― | A556 Chester Road | From a point 13 metres south of its junction with C610 Old Hall Lane, southwards for a distance of 45 metres. | From a point 13 metres south of its junction with C610 Old Hall Lane, southwards for a distance of 45 metres. | Reference C – Rights of Way and Access Plans Sheet 2 (see above); and Reference D – Rights of Way and Access Plans Sheet 2 = New cycleway from a point in the verge of the M6 Junction 19 southbound exit slip, 10 metres west of its junction with the M6 Junction 19 circulatory carriageway, northwards along the western boundary of the new trunk road for a distance of 113 metres to join new bridleway Reference C. |
| In the administrative area of Cheshire East Council― | Reference a – Rights of Way and Access Plans Sheet 2 = Access to property known as Over Tabley Hall, on the north of C610 Old Hall Lane, 245 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 2 = New private means of access to Over Tabley Hall in the same location as stopped up access Reference a, but realigned to the improved C610 Old Hall Lane |
| In the administrative area of Cheshire East Council― | Reference b – Rights of Way and Access Plans Sheet 2 = Access to property known as Over Tabley Hall Farm, on the north of C610 Old Hall Lane, 240m west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 2 = New private means of access to Over Tabley Hall Farm in the same location as stopped up access Reference b, but realigned to the improved C610 Old Hall Lane. |
| In the administrative area of Cheshire East Council― | Reference c – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 0070 on the south of C610 Old Hall Lane, 102 metres west of its junction with A556 Chester Road | The whole access | The whole access | Reference 12 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 0070, on the south of the realigned C610 Old Hall Lane, 38 metres east of the access to Over Tabley Hall. |
| In the administrative area of Cheshire East Council― | Reference d – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 1280 and field OS No. 1691, on the north of C610 Old Hall Lane, 64 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 2 (see above); and Reference 9 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 1691 and field OS No. 1500, on the west of A556 Chester Road, 30 metres south of the access to St Paul’s Church, generally westwards, for a distance of 70 metres. |
| In the administrative area of Cheshire East Council― | Reference e – Rights of Way and Access Plans Sheet 2 = Access to property known as Tabley Parish Hall, on the north of C610 Old Hall Lane, 48 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 6 – Rights of Way and Access Plans Sheet 2 = New private means of access to Tabley Parish Hall on the north of C610 Old Hall Lane, 45 metres west of its junction with A556 Chester Road. |
| In the administrative area of Cheshire East Council― | Reference f – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 0070 on the south of C610 Old Hall Lane, 45 metres west of the junction of C610 Old Hall Lane with A556 Chester Road. | The whole access | The whole access | Reference 12 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 0070, on the south of the realigned C610 Old Hall Lane 38 metres east of the access to Over Tabley Hall. |
| In the administrative area of Cheshire East Council― | Reference g – Rights of Way and Access Plans Sheet 2 = Access to the property known as Rose Cottage, on the north of C610 Old Hall Lane, 42 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 7 – Rights of Way and Access Plans Sheet 2 = New private means of access to the property known as Rose Cottage on the north of C610 Old Hall Lane, 39 metres west of its junction with A556 Chester Road. |
| In the administrative area of Cheshire East Council― | Reference h – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 3843 and field OS No. 3351, west of A556 Chester Road, 220 metres north of the access to Church Farm. | The whole access | The whole access | Reference 10 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 3437, on the south of Old Hall Lane (East), 128 metres west of the existing A556 Chester Road; and Reference 11 - Rights of way and Access Plans Sheet 2 = New private means of access to field OS No. 3351 & OS No. 3843 on the north of Old Hall Lane (East), 128 metres west of the Existing A556 Chester Road. |
| Rights of Way and Access Plans – Sheet 3 | Rights of Way and Access Plans – Sheet 3 | Rights of Way and Access Plans – Sheet 3 | Rights of Way and Access Plans – Sheet 3 | Rights of Way and Access Plans – Sheet 3 |
| In the administrative area of Cheshire East Council― | UW2127 Bentley Hurst Lane | From a point 304 metres north east of its junction with the eastern access to Bentley Hurst Farm, northeastwards for a distance of 69 metres. | From a point 304 metres north east of its junction with the eastern access to Bentley Hurst Farm, northeastwards for a distance of 69 metres. | Reference A – Rights of Way and Access Plans Sheet 3 = New highway from a point on the improved UW2127 Bentley Hurst Lane 206 metres northeast of its junction with the eastern access to Bentley Hurst Farm, north eastwards for a distance of 232 metres to connect to the improved UW2127 Bentley Hurst Lane east of the new trunk road; to include the improvement of the existing UW2127 Bentley Hurst Lane, from a point 173 metres north east of its junction with the eastern access to Bentley Hurst Farm, north eastwards for a distance of 27 metres; and to include the improvement of the existing UW2127 Bentley Hurst Lane, from a point 557 metres west of its junction with the A556 Chester Road, south westwards for a distance of 28 metres. |
| In the administrative area of Cheshire East Council― | Reference a – Rights of Way and Access Plans Sheet 3 = Access to field OS No. 0004, on the south of UW2127 Bentley Hurst Lane, 303 metres east of the junction of UW2127 Bentley Hurst Lane with the eastern access to Bentley Hurst Farm. | The whole access | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 3 = New private means of access to field OS No.0004 on the south of the improved UW2127 Bentley Hurst Lane, 193 metres east of its junction with the eastern access to Bentley Hurst Farm. |
| Rights of Way and Access Plans – Sheet 4 | Rights of Way and Access Plans – Sheet 4 | Rights of Way and Access Plans – Sheet 4 | Rights of Way and Access Plans – Sheet 4 | Rights of Way and Access Plans – Sheet 4 |
| In the administrative area of Cheshire East Council― | A50 | From a point 133 metres southeast of its junction with the eastern access to Hulme Barns Farm, south eastwards for a distance of 85 metres. | Reference A – Rights of Way and Access Plans Sheet 4 = New highway from a point on the improved A50, 74 metres south east of its junction with the western access to Hulme Barns Farm, south eastwards for a distance of 577 metres (including the roundabout circumference) to connect to the improved A50 south east of the new A556; to include the improvement of the existing A50 from a point 154 metres south east of its junction with UW2103 Hulse Heath Lane, south eastwards for a distance of 204 metres; and to include the improvement of the existing A50 from a point 134 metres south east of its junction with access to field OS No. 4523, north westwards for a distance of 201 metres. | Reference A – Rights of Way and Access Plans Sheet 4 = New highway from a point on the improved A50, 74 metres south east of its junction with the western access to Hulme Barns Farm, south eastwards for a distance of 577 metres (including the roundabout circumference) to connect to the improved A50 south east of the new A556; to include the improvement of the existing A50 from a point 154 metres south east of its junction with UW2103 Hulse Heath Lane, south eastwards for a distance of 204 metres; and to include the improvement of the existing A50 from a point 134 metres south east of its junction with access to field OS No. 4523, north westwards for a distance of 201 metres. |
| In the administrative area of Cheshire East Council― | Reference a – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 0045 on the south west of the A50, 290 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 0045 on the south west of the A50, opposite the access to Hulme Barn Farm, 169 metres east of the Post Office’s eastern most access. | Reference 1 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 0045 on the south west of the A50, opposite the access to Hulme Barn Farm, 169 metres east of the Post Office’s eastern most access. |
| In the administrative area of Cheshire East Council― | Reference b – Rights of Way and Access Plans Sheet 4 = Western access to Hulme Barns Farm on the north east of the A50, 289 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference b, but realigned to the improved A50. | Reference 2 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference b, but realigned to the improved A50. |
| In the administrative area of Cheshire East Council― | Reference d – Rights of Way and Access Plans Sheet 4 = Eastern access to Hulme Barns Farm on the north east of the A50, 441 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference d, but realigned to the improved A50. | Reference 3 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference d, but realigned to the improved A50. |
| In the administrative area of Cheshire East Council― | Reference f – Rights of Way and Access Plans Sheet 4 = Access to the compound on the north of C113 Bucklow Hill Lane, 261 metres north east of its junction with the access to Hulme Barns Farm. | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 162 metres. | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 162 metres. |
| In the administrative area of Cheshire East Council― | Reference g – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 4619 on the north of C113 Bucklow Hill Lane, 290 metres north east of its junction with the access to Hulme Barns Farm. | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres. | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres. |
| In the administrative area of Cheshire East Council― | Reference h – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 5000 on the south of C113 Bucklow Hill Lane, 290 metres north east of its junction with the access to Hulme Barns Farm. | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres; and Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900 field OS No.5000 and telecommunications site on the east of the proposed new A556. | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres; and Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900 field OS No.5000 and telecommunications site on the east of the proposed new A556. |
| In the administrative area of Cheshire East Council― | Reference i – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 4523 on the northeast of the A50, 450 metres south east of its junction with the eastern access to Hulme Barns Farm. | The whole access | Reference 5 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 4523 in the same location as stopped up access Reference i, but realigned to the improved A50. | Reference 5 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 4523 in the same location as stopped up access Reference i, but realigned to the improved A50. |
| In the administrative area of Cheshire East Council― | Reference j – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 5600 on the east of the improved A50, 555 metres south east of its junction with the eastern access to Hulme Barns Farm. | The whole access | Reference 6 – Rights of Way and Access Plans Sheet 4 = New private means of access to field OS No. 5600 in the same location as stopped up access Reference j, but realigned to the improved A50. | Reference 6 – Rights of Way and Access Plans Sheet 4 = New private means of access to field OS No. 5600 in the same location as stopped up access Reference j, but realigned to the improved A50. |
| Rights of Way and Access Plans – Sheet 5 | Rights of Way and Access Plans – Sheet 5 | Rights of Way and Access Plans – Sheet 5 | Rights of Way and Access Plans – Sheet 5 | Rights of Way and Access Plans – Sheet 5 |
| In the administrative area of Cheshire East Council ― | C114 Chapel Lane | From a point 441 metres northwest of its junction with A556 Chester Road, north westwards for a distance of 69 metres. | From a point 441 metres northwest of its junction with A556 Chester Road, north westwards for a distance of 69 metres. | Reference A – Rights of Way and Access Plans Sheet 5 = New highway from a point on the improved C114 Chapel Lane 443 metres northwest of its junction with A556 Chester Road, north westwards for a distance of 74 metres to connect to the improved C114 Chapel Lane; to include the improvement of the existing C114 Chapel Lane, from a point 108 metres southeast of its junction with UW2103 Hulse Heath Lane, south eastwards for a distance of 284 metres; and to include the improvement of the existing C114 Chapel Lane, from a point 305 metres north west of its junction with A556 Chester Road, north westwards for a distance of 139 metres. |
| In the administrative area of Cheshire East Council ― | Reference a – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 6877 on the north of C114 Chapel Lane, 651 metres north west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS no. 6877 on the north of C114 Chapel Lane, 698 metres north west of its junction with A556 Chester Road. |
| In the administrative area of Cheshire East Council ― | Reference b – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 4619 on the north of C113 Bucklow Hill Lane, 413 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900, field OS No. 5000 and telecommunications site on the east of the proposed new A556; and Reference 7 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 9424, on the north of C113 Bucklow Hill Lane, 52 metres west of access to Maltkiln House. |
| In the administrative area of Cheshire East Council ― | Reference d – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 6900 on the south of C113 Bucklow Hill Lane, 368 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900, field OS No. 5000 and telecommunications site on the east of the proposed new A556; and Reference 7 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 9424, on the north of C113 Bucklow Hill Lane, 52m west of access to Maltkiln House. |
| In the administrative area of Cheshire East Council ― | Reference e – Rights of Way and Access Plans Sheet 5 = Access to the property known as Thornedge on the south of C114 Chapel Lane, 371 metres north west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 5 = New private means of access to the property known as Thornedge on the south of the improved C114 Chapel Lane, in the same location as stopped up access Ref. e, but realigned to the improved C114 Chapel Lane |
| In the administrative area of Cheshire East Council ― | Reference f – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 9164 on the south of UW2104 Millington Hall Lane, 295 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 6 – Rights of Way and Access Plans Sheet 5 = New private means of access between fields OS No. 9164 on the south of UW2104 Millington Hall Lane and field OS No. 1284 on the north of UW2104 Millington Hall Lane, 200 metres north west of the junction between UW2104 Millington Hall Lane and A556 Chester Road, northwards for a distance of 25 metres. |
| In the administrative area of Cheshire East Council ― | Reference g – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 0005 and field OS No. 1284, on the north of UW2104 Millington Hall Lane, 224 metres north west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 5 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 0005 on the north of UW2104 Millington Hall Lane, 357 metres north west of its junction with A556 Chester Road; and Reference 6 – Rights of Way and Access Plans Sheet 5 (see above) |
| In the administrative area of Cheshire East Council ― | Reference c – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 5451 on the south of C114 Chapel Lane, 494 metres north west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 8 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 4263 & OS No. 5451 on south of C114 Chapel Lane, 86m east of junction with UW2103 Hulse Heath Lane; Reference 9 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 4263 & OS No. 5451 on south of C114 Chapel Lane, 185 metres east of junction with UW2103 Hulse Heath Lane; and Reference 10 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 7133, via private means of access (Reference 3) on south of C114 Chapel Lane, 120 metres west of Crescent Road |
| Rights of Way and Access Plans – Sheet 6 | Rights of Way and Access Plans – Sheet 6 | Rights of Way and Access Plans – Sheet 6 | Rights of Way and Access Plans – Sheet 6 | Rights of Way and Access Plans – Sheet 6 |
| In the administrative area of Cheshire East Council― | Part of footpath MILL FP6 | From a point 13 metres west of its junction with MILL FP7, eastwards to its junction with MILL FP7. | From a point 13 metres west of its junction with MILL FP7, eastwards to its junction with MILL FP7. | Reference A – Rights of Way and Access Plans Sheet 6 = New footpath for MILL FP6 and MILL FP7, from a point 269 metres south of the access to Newhall Cottages, generally northwards for a distance of 571 metres. |
| In the administrative area of Cheshire East Council― | Part of footpath MILL FP7 | From a point 152 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane, generally westwards for a distance of 52 metres to its junction with MILL FP6, then generally in a north westerly direction for a distance of 63 metres. | From a point 152 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane, generally westwards for a distance of 52 metres to its junction with MILL FP6, then generally in a north westerly direction for a distance of 63 metres. | Reference A – Rights of Way and Access Plans Sheet 6 (see above) |
| In the administrative area of Cheshire East Council― | C116 Millington Lane | From a point 40 metres northwest of its junction with the A556 Chester Road, north westwards for a distance of 60 metres. | From a point 40 metres northwest of its junction with the A556 Chester Road, north westwards for a distance of 60 metres. | Reference B – Rights of Way and Access Plans Sheet 6 = New highway from a point on the improved C116 Millington Lane, about 88 metres east of the access to Newhall Farm, generally eastwards for a distance of 162 metres, to connect to the improved C116 Millington Lane; to include the improvement of the existing C116 Millington Lane from a point 47 metres east of the access to Newhall Farm, eastwards for a distance of 46 metres; and to include the improvement of the existing C116 Millington Lane from its junction with the A556 Chester Road, westwards for a distance of 26 metres. |
| In the administrative area of Cheshire East Council― | A556 Chester Road | Eastern half width from a point 205 metres north of its junction with C116 Millington Lane, northwards for a distance of 524 metres, to its junction with UW2089 Cherry Tree Lane. | Eastern half width from a point 205 metres north of its junction with C116 Millington Lane, northwards for a distance of 524 metres, to its junction with UW2089 Cherry Tree Lane. | Reference C – Rights of Way and Access Plans Sheet 6 = New highway from a point on the existing A556 Chester Road 205 metres north of its junction with C116 Millington Lane, northwards for a distance of 524 metres to connect to UW2089 Cherry Tree Lane; to include the improvement of the existing UW2089 Cherry Tree Lane at its junction with the A556 Chester Road, eastwards for a distance of 67 metres. |
| In the administrative area of Cheshire East Council― | Reference a – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 4848, on the north of C116 Millington Lane, 160 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 6 = New private means of access to field OS No. 4848, on the north of the improved C116 Millington Lane, 160 metres west of its junction with A556 Chester Road. |
| In the administrative area of Cheshire East Council― | Reference c – Rights of Way and Access Plans Sheet 6 = Access to Bucklow Manor Nursing Home, on the south of C116 Millington Lane, 46 metres west of its junction with A556 Chester Road. | The whole access | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 6 = New private means of access to Bucklow Manor Nursing Home, west of A556 Chester Road, 113 metres south of its junction with the improved C116 Millington Lane. |
| In the administrative area of Cheshire East Council― | Reference d – Rights of Way and Access Plans Sheet 6 = Access to Newhall Cottages on the west of A556 Chester Road 321 metres north of the junction of A556 Chester Road with C116 Millington Lane. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres. |
| In the administrative area of Cheshire East Council― | Reference e – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 6173, on the west of A556 Chester Road, 175 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres. |
| In the administrative area of Cheshire East Council― | Reference f – Rights of Way and Access Plans Sheet 6 = Access to Mereside Farm on the west of A556 Chester Road, 79 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres. |
| In the administrative area of Cheshire East Council― | Reference g – Rights of Way and Access Plans Sheet 6 = Access to Mereside Farm on the west of A556 Chester Road, opposite the junction of A556 Chester Road with UW2089 Cherry Tree Lane. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres. |
| Rights of Way and Access Plans – Sheet 7 | Rights of Way and Access Plans – Sheet 7 | Rights of Way and Access Plans – Sheet 7 | Rights of Way and Access Plans – Sheet 7 | Rights of Way and Access Plans – Sheet 7 |
| In the administrative area of Cheshire East Council ― | Footpath ROS FP9 | From its junction with Yardwoodheath Lane, generally north eastwards for a distance of 552 metres to a point 18 metres southwest of Yarwoodheath Farm Access Bridge. | From its junction with Yardwoodheath Lane, generally north eastwards for a distance of 552 metres to a point 18 metres southwest of Yarwoodheath Farm Access Bridge. | Reference C – Rights of Way and Access Plans Sheet 7 = New footpath from a point on the eastern boundary of Bowdon Roundabout Link 60 metres south of its junction with Bowdon Roundabout, generally south eastwards for a distance of 401 metres to join existing footpath ref. ROS FP9. |
| In the administrative area of Cheshire East Council ― | Footpath ROS FP13 | From its junction with the A556 Chester Road, generally south eastwards for a distance of 744 metres to its junction with Tom Lane. | From its junction with the A556 Chester Road, generally south eastwards for a distance of 744 metres to its junction with Tom Lane. | Reference D – Rights of Way and Access Plans Sheet 7 = New cycle track (which, for the avoidance of doubt, includes a right of way on foot) from the M56 J7/8 South Roundabout, southwards for a distance of 525 metres along the route of the re-aligned Yarwoodheath Lane, to the junction of Yarwoodheath Lane and Tom Lane. |
| In the administrative area of Cheshire East Council ― | Reference a – Rights of Way and Access Plans Sheet 7 = Access to The Cheshire Lounge Public House on the western boundary of the A556 Chester Road, 46 metres north from the northern boundary of M56. | The whole access | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 7 = New private means of access for The Cheshire Lounge Public House and field OS No. 0643, on the south of A56 Lymm Road 172 metres west of its junction with Bowdon Roundabout, eastwards then southwards for a total distance of 707 metres. |
| In the administrative area of Cheshire East Council ― | Reference b – Rights of Way and Access Plans Sheet 7 = Access to The Cheshire Lounge Public House on the western boundary of the A556 Chester Road, 68 metres north from the northern boundary of M56 | The whole access | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 7 (see above). |
| In the administrative area of Cheshire East Council ― | Reference c – Rights of Way and Access Plans Sheet 7 = Access to field OS No. 0643, on the western boundary of the A556 Chester Road, 180 metres north from the northern boundary of M56. | The whole access | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 7 (see above). |
| In the administrative area of Cheshire East Council ― | Reference d – Rights of Way and Access Plans Sheet 7 = Access to Yarwoodheath Lane and Yarwoodheath Farm from its junction with the A556 Chester Road. | The whole access | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 7 = New private means of access to Yarwoodheath Lane and Yarwoodheath Farm at the junction of the re-aligned Yarwoodheath Lane with M56 Junction 7/8 South Roundabout. |
PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
| (1) Area | (2) Street to be stopped up | (3) Extent of stopping up |
|---|---|---|
| Rights of Way and Access Plans – Sheet 4 | Rights of Way and Access Plans – Sheet 4 | Rights of Way and Access Plans – Sheet 4 |
| In the administrative area of Cheshire East Council― | C113 Bucklow Hill Lane | From a point 179 metres northeast of its junction with the access to Hulme Barns Farm, north eastwards for a distance of 183 metres. |
| In the administrative area of Cheshire East Council― | Reference c – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 2527 on the south west of the A50, 354 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access |
| In the administrative area of Cheshire East Council― | Reference e – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 3746 on the north east of the A50, 481 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access |
| Rights of Way and Access Plans – Sheet 5 | Rights of Way and Access Plans – Sheet 5 | Rights of Way and Access Plans – Sheet 5 |
| In the administrative area of Cheshire East Council― | C113 Bucklow Hill Lane | From a point 217 metres west of its junction with the A556 Chester Road, south westwards for a distance of 439 metres. |
| In the administrative area of Cheshire East Council― | UW2104 Millington Hall Lane | From a point 143 metres northwest of its junction with the A556 Chester Road, north westwards for a distance of 141 metres. |
| In the administrative area of Cheshire East Council― | Reference h – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 2500, on the west of A556 Chester Road, 132 metres north of its junction with UW2104 Millington Hall Lane. | The whole access |
| Rights of Way and Access Plans – Sheet 6 | Rights of Way and Access Plans – Sheet 6 | Rights of Way and Access Plans – Sheet 6 |
| In the administrative area of Cheshire East Council― | Reference b – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 3930 on the south of C116 Millington Lane, 100 metres west of its junction with A556 Chester Road. | The whole access |
| Rights of Way and Access Plans – Sheet 7 | Rights of Way and Access Plans – Sheet 7 | Rights of Way and Access Plans – Sheet 7 |
| In the administrative area of Cheshire East Council― | A556 Chester Road | Part of western width of the A556 Chester Road from the northern boundary of M56, northwards for a distance of 223 metres. |
| In the administrative area of Cheshire East Council― | M56 to A556 Spur | Part of southern width of the M56 to A556 Spur from a point 32 metres east of Bowdon roundabout, south eastwards for a distance of 330 metres. |
SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
| (1) Plot Reference Number shown on Land Plans | (2) Purpose for which rights over land may be acquired |
|---|---|
| Land Plans - Sheet 2 | Land Plans - Sheet 2 |
| 2/1b | New right for the construction, inspection and maintenance of a new highway drainage outfall pipe and headwall to Tabley Brook for the benefit of the Secretary of State. |
| 2/1i | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited. |
| 2/2h | New right for the construction, inspection and maintenance of an unnamed watercourse diversion for the benefit of the Secretary of State. |
| 2/2i | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited. |
| 2/4e | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited. |
| 2/4h | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited. |
| 2/8b | New right for the construction, inspection and maintenance of an unnamed watercourse diversion for the benefit of the Secretary of State. |
| 2/9c | New right for the construction, inspection and maintenance of the new Tabley Parish Hall retaining wall for the benefit of the Secretary of State. |
| Land Plans - Sheet 3 | Land Plans - Sheet 3 |
| 3/1c | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State. |
| 3/1e | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State. |
| 3/1h | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge and access track for the benefit of the Secretary of State. |
| 3/1i | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge access track for the benefit of the Secretary of State. |
| 3/1m | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge and access track for the benefit of the Secretary of State. |
| 3/2b | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State. |
| 3/2d | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State. |
| 3/2l | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge access track for the benefit of the Secretary of State. |
| 3/2m | New right for the construction, inspection and maintenance of a new ditch for the diversion of an unnamed watercourse to Tabley Brook for the benefit of the Secretary of State. |
| Land Plans - Sheet 5 | Land Plans - Sheet 5 |
| 5/1c | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited. |
| 5/1i | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited. |
| 5/3b | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited. |
| 5/3d and 5/3h | New rights for the construction, inspection and maintenance of an earth bund and associated planting, ecological mitigation, landscaping and drainage infrastructure for the benefit of the Secretary of State, and restrictions on the existing landowner as to altering ground levels, building structures and interfering with structures installed as part of the authorised development. |
| 5/4b | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited. |
| Land Plans - Sheet 6 | Land Plans - Sheet 6 |
| 6/1k, 6/1o, 6/1u and 6/1z | New rights for creation of a public right of way and private rights of way and for it to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance |
| 6/1m and 6/1v | New rights for the creation of a public right of way and private rights of way and for it to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, a new right for the construction, inspection and maintenance of a buried pipeline and equipment for the benefit of United Utilities Water plc, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance |
| 6/1n | New right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc. |
| 6/1r | New right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc. |
| 6/1x | New right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc. |
| 6/3b | New right for the construction, inspection, maintenance and protection of a new engineered earthworks slope for the benefit of the Secretary of State. |
| 6/6a | New right for the construction, inspection and maintenance of the new Cherry Tree Lane retaining wall for the benefit of Cheshire East Council. |
| Land Plans - Sheet 7 | Land Plans - Sheet 7 |
| 7/4m, 7/4p, 7/4q, 7/4r, 7/4s, 7/4t, 7/4u, 7/4v, 7/4w, 7/4x, 7/4y, 7/4z, 7/4aa, and 7/4ab | New rights for the creation of a public right of way and for it and associated drainage to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance. |
| 7/4ag | New right for the construction, inspection and maintenance of a new highway drainage outfall pipe, headwall and overflow channel/pipe to the River Bollin for the benefit of the Secretary of State. |
| 7/4ak | New right for the construction, inspection and maintenance of a new retaining wall and construction, inspection and maintenance of a new culvert and highway drainage outfall to Birkin Brook for the benefit of the Secretary of State. |
| 7/4al | New right for the construction, inspection and maintenance of a new culvert and highway drainage outfall to Birkin Brook for the benefit of the Secretary of State. |
| 7/4an | New right for the construction, inspection and maintenance of a new retaining wall for the benefit of the Secretary of State. |
| 7/6a | New right for the construction, inspection and maintenance of a new highway drainage outfall pipe, headwall and overflow channel/pipe to the River Bollin for the benefit of the Secretary of State. |
| 7/6d | New right for the construction, inspection and maintenance of a new retaining wall for the benefit of the Secretary of State. |
SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1
The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.
2
- (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00035] has effect subject to the modifications set out in sub-paragraphs (2) and (3).
- (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—
- (a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and
- (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.
- (3) For section 58(1)[^f00036] (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, substitute—
(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over or a restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or (b) a right over or a restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right or imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.
Application of the 1965 Act
3
- (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—
- (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or
- (b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.
- (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.
4
For section 7 of the 1965 Act (measure of compensation) substitute—
(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard is to be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.
5
For section 8 of the 1965 Act (provisions as to divided land) substitute—
(8) the A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014[^f00037] (“the Order”), in relation to that person, ceases to authorise the purchase of the right or imposition of the restrictive covenant and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.
6
The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—
- (a) section 9(4) (failure by owners to convey);
- (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
- (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
- (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),
are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.
7
Section 11[^f00038] of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12[^f00039] (penalty for unauthorised entry) and 13[^f00040] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.
8
Section 20[^f00041] of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.
9
Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.
SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
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