Middlewich Eastern Bypass - statutory order details

On the 7 July 2020 Cabinet resolved to proceed with the Compulsory Purchase Order (CPO) for acquisition of land required to deliver the Middlewich eastern bypass. Cabinet also resolved to:

  • proceed with the improvement
  • stopping up of existing highways
  • the stopping up and/or amendment of private means of access and to provide replacement private means of access
  • construct lengths of new highway in relation to the scheme via a Side Road Orders (SROs).

The Orders prepared for this are:

  • The Cheshire East Council (Middlewich Eastern Bypass) Compulsory Purchase Order 2021
  • The Cheshire East Council (Middlewich Eastern Bypass) (Classified Road) (Side Roads) Order 2021

We need the orders to facilitate the construction of Middlewich Eastern Bypass scheme.  Once confirmed they complete the formal process of obtaining powers to construct and improve the highway network, including using powers of compulsory purchase to acquire the necessary land as a matter of last resort.

We have sent copies of notices of confirmation to everyone that we are aware has an interest in the land required for the Middlewich Eastern Bypass scheme, posted notices on the Middlewich Eastern Bypass site and lodged notices in the local press.

Inspecting the documents

You can see copies of the confirmed modified Orders and plans free of charge at the following locations:

Crewe Library - Lifestyle Centre, Moss Square, Crewe, CW1 2BB
Monday to Friday 9am to 5.30pm, Saturday 9am to- 12.30pm, Sunday closed 

Middlewich Library - Lewin Street, Middlewich, Cheshire, CW10 9AS
Monday to Friday 09.30am to 1pm and 2pm to 6.30pm, Wednesday closed, Saturday 9am - 12:30pm, Sunday - closed

Northwich Library - Witton Street, Northwich, CW9 5DR
Monday to Wednesday 9am to 5pm, Thursday to Friday 9am to 7pm, Saturday 9am to 1pm, Sunday closed

Sandbach Library - The Commons, Sandbach, Cheshire, CW11 1FJ
Monday to Friday 9am to 4.30pm, Saturday 9am to 12.30pm, Sunday closed

Library timings are subject to change due to Covid-19 safety restrictions and guidance. You should check with the library before attending in person. If you wish to view the documents but are not able to inspect them in person due to Covid-19 safety restrictions and guidance, they can be accessed below. 

Compulsory Purchase Order Documents

  1. CPO and schedule (PDF, 7MB)
  2. CPO Map 1 of 6 (PDF, 406KB)
  3. CPO Map 2 of 6 (PDF, 380KB)
  4. CPO Map 3 of 6 (PDF, 400KB)
  5. CPO Map 4 of 6 (PDF, 404KB)
  6. CPO Map 5 of 6 (PDF, 481KB)
  7. CPO Map 6 of 6 (PDF, 406KB)

Side Roads Order Documents

  1. SRO and Schedule (PDF, 354KB)
  2. SRO Key Plan (PDF, 475KB)
  3. CW&CC Section 8 Agreement (PDF, 1MB)
  4. SRO Plan Sheet 1 of 6 (PDF, 376KB)
  5. SRO Plan Sheet 2 of 6 (PDF, 292KB)
  6. SRO Plan Sheet 3 of 6 (PDF, 451KB)
  7. SRO Plan Sheet 4 of 6 (PDF, 472KB)
  8. SRO Plan Sheet 5 of 6 (PDF, 316KB)
  9. SRO Plan Sheet 6 of 6 (PDF, 316KB)

Press Notices

  1. Congleton Chronicle (CPO) (PDF, 674KB)
  2. Crewe Chronicle (CPO and SRO) (PDF, 1001KB)
  3. London Gazette (SRO) (PDF, 126KB)
  4. Northwich Guardian (CPO) (PDF, 1MB)
  5. Northwich Guardian (SRO) (PDF, 1MB)
  6. The London Gazette (SRO) (PDF, 140KB)
  7. Compulsory Purchase Order - Press Notice (PDF, 117KB)
  8. Side Roads Order - Press Notice (PDF 51KB)
  9. Side Roads Order - Revised Press Notice (PDF, 66KB)
  10. SRO Notice extended deadline 13 sept (PDF, 124KB)

Statement of Reasons

Our Joint Statement of Reasons relates to the Compulsory Purchase Order and the Side Roads Order equally and explains the need for and reasoning behind the Orders.

Statement of reasons (PDF, 8MB)

Supporting Documents

Financial Strategy and Business Case

Outline Business Case – March 2017 

CEC Planning Decisions

Consultation

Cheshire East Council Approvals

Links go the applicable Cabinet meeting agenda and minutes. 

Objections and Judicial Challenge 

A copy of the statutory notice confirming the making of the CPO was published for two consecutive weeks from the 24 June 2021 in the Crewe Chronicle and from the 24 June 2021 in the Congleton Chronicle (including Sandbach/Biddulph Chronicle) and Northwich Guardian, as well as being put up on the MEB website and sent to the parties impacted by the scheme. A copy of the statutory notice for the Side Roads Order was published for one week in the Crewe Chronicle on the 23 June 2021, and in the Congleton Chronicle (including Sandbach/Biddulph Chronicle), Northwich Guardian and the London Gazette on 24 June 2021, as well as being put up on the MEB website and sent to the parties impacted by the Side Roads Order proposals. 

A  further revised statutory notice for the Side Roads Order was published for one week commencing on the 26 July 2021 in the Congleton Chronicle (including Sandbach/Biddulph Chronicle), Northwich Guardian and in the London Gazette as well as being put up on the MEB website and sent to parties impacted by the Side Road Order proposals.

The Orders listed above will be submitted to the Secretary of State for Transport for confirmation following expiry of the objection period on the 9  August 2021 (Compulsory purchase order). Anyone who wishes to make representations about the Orders (or any one of them) may do before the 13 September 2021 or the Compulsory Purchase Order before 9 August so by contacting:

The Secretary of State for Transport
National Transport Casework Team
Tyneside House
Skinnerburn Road
Newcastle Business Park
Newcastle upon Tyne
NE4 7AR 

You may also send your objections by email to the NATIONALCASEWORK@dft.gov.uk

You should include the name of the Order or Orders that you are making representations in relation to, together with the nature of your objection. 

If objections are received, the Council will endeavour to resolve them where possible. Where objections cannot be privately resolved, the Secretary of State may call a Public Inquiry to decide whether or not the Orders (or any number of them) should be confirmed.  Further details of this will be provided as necessary in due course.

If no relevant objections as defined in section 13(6) of the Acquisition of Land Act 1981 are made, or if all such objections made are withdrawn, or if the confirming authority is satisfied that every objection made relates exclusively to matters of compensation which can be dealt with by the Upper Tribunal, the confirming authority may confirm the order with or without modifications.

In any other case, where a relevant objection has been made which is not withdrawn or disregarded, the confirming authority is required before confirming the order to either:

(i) cause a Public Local Inquiry to be held; or

(ii) afford to the objector an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose; or 

(iii) with the consent of the objector, follow a written representations procedure. 

The confirming authority may then, after considering the objection and the report of the person who held the inquiry or hearing or following consideration of written representations, confirm the order with or without modifications. In the event that there is no objection, whether by a qualifying person or otherwise, the confirming authority may in certain circumstances permit the acquiring authority to determine confirmation of the order.

Any person aggrieved by the  CPO may, by application to the High Court, within 6 weeks from the date on which the notice of confirmation is first published, challenge its validity under section 23 of the Acquisition of Land Act 1981. The grounds for challenge can be that the authorisation granted by the order is not empowered to be granted or that there has been a failure to comply with any relevant statutory requirement relating to the CPO .

Any person aggrieved by or desiring to question the validity of any provision within the Side Roads Order on the grounds that it is not within the powers of the Highways Act 1980 or that any requirement of regulation made has not been complied with may apply to the High Court for the suspension or quashing of the confirmed Side Roads Order or of any provision included.

Should any judicial challenge be made to the confirmed orders, such challenge will be considered by the High Court for determination.  In the event that no challenge is made, the  CPO and the Side Roads Order will be free from the ability for a challenge to be brought. The Orders will then all take effect and the Council will have 3 years within which to acquire the land included in the confirmed CPO .

Data Protection

When you submit an objection, the Secretary of State for Transport will pass your personal data and correspondence to the Council to enable your objection to be considered.  Where the Order becomes the subject of Public Inquiry procedures, all correspondence is copied to the Inspector conducting the Inquiry and will be kept in the Public Inquiry library, where it is publicly available.  If you do not wish your personal data to be forwarded, state your reasons when submitting your objection and the Secretary of State will copy your representations, with your name and address removed, to the Council and if there is a Public Local Inquiry, they will be seen by the Inspector who may give them less weight as a result.

If you have land in the scheme

The Council wishes to continue to negotiate with landowning parties and those with an interest in the site to try to acquire the land necessary for the scheme by agreement where possible. We will only seek to use compulsory purchase powers as a matter of last resort.  Any parties impacted by the scheme should have already been contacted by the Council’s appointed land agent, Sanderson Weatherall, and a pack of documents has been sent to them.  These documents will detail next steps to be taken and relevant contacts to discuss the scheme.

Any queries regarding the scheme should be addressed to middlewicheasternbypass@cheshireeast.gov.uk


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