The Statutory Process
Taking the M74Completion forward
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Introduction
This leaflet explains in simple terms the Statutory Process being used in taking the M74 Completion scheme forward.
The M74 Completion is being taken forward by the Scottish Executive in
partnership with Glasgow City, South Lanarkshire and Renfrewshire Councils. The Scottish Executive, as promoter of the scheme, will be responsible for promoting the statutory procedures under relevant legislation.
The scheme being located within an urban area will inevitably have an impact on homes, businesses, and communities. The Scottish Executive's procedures are intended to make sure that those affected know at the earliest possible time what is proposed and how they can make their views known.
Keeping the public informed
The publication of this leaflet coincides with the start of public information exhibitions to inform the public in advance of the formal statutory process programmed for Spring 2003. The exhibitions will allow everyone affected by the scheme, or with an interest in it, to view details of the developing scheme proposals.
A general leaflet, titled "The M74 Completion, Developing Proposals", is now available.
Once scheme development is completed, draft orders for the scheme are expected to be published in Spring 2003. That will be the commencement of the statutory process.
The Statutory Process
The Scottish Ministers have the powers to compulsorily purchase land and property for the scheme. They must follow set procedures to protect the rights of those the scheme affects.
The Scottish Ministers may seek to buy properties on the line of the preferred route of the motorway by agreement. In addition, any owner affected can ask the Scottish Ministers to purchase his or her property. All such requests will receive full consideration.
The following sets out the statutory requirements Scottish Ministers will follow.
Publication of Draft Schemes and Orders (Expected Timetable Spring 2003)
The first stage in the process is for the Scottish Ministers to publish certain documents setting out their proposals. These documents will be served on owners, tenants and/or occupiers of land and property needed for the scheme and will be publicised widely. Public exhibitions setting out the proposals will also be held locally.
The documents to be published are as follows:
- road schemes and order(s) (hereinafter called "road order(s)") showing the line of the new road with junctions and connections to existing roads, together with changes required to the existing road network;
- compulsory purchase order(s) showing the land to be purchased for the scheme; and
- an Environmental Statement setting out the impact that the M74 Completion will have on the environment, both in and surrounding the road corridor.
Initially, the road order(s) and compulsory purchase order(s) are published in draft. The Environmental Statement published at the same time, reports the results of the environmental impact assessment of the design on which the road orders are based. Any person has the right to object or make representations to the proposals contained within these documents within set time limits. These time limits will be set out clearly in explanatory material accompanying the orders and Environmental Statement.
Those directly affected by the scheme may wish to seek independent expert advice.
Public Local Inquiry (PLI) (Expected Timetable Autumn 2003)
If objections to the compulsory purchase order(s) are made and not withdrawn or resolved, the Scottish Ministers are normally required to hold a public local inquiry. Ministers have discretion on whether to hold a public local inquiry into objections to draft road orders. An independent person, called a reporter, leads the inquiry.
A Scottish Executive booklet, titled "What You Will Need to Know About Inquiry Procedures", will be available when notice of any public local inquiry being held is given.
The PLI Decision (Expected Timetable Autumn 2004)
Following any PLI, the reporter prepares a report for the Scottish Ministers who will then announce whether or not the scheme will proceed on the basis of the road order(s) and compulsory purchase order(s) published in draft.
Publication of Made Orders (Expected Timetable Late 2004)
If the Scottish Ministers decide to proceed on the basis of the road order(s) and compulsory purchase order(s) published in draft, they will publish the final orders (these are called the "made" orders).
Land Entry and Acquisition (Expected Timetable Early 2005)
The fact that the Scottish Ministers have made a compulsory purchase order does not stop them from acquiring property through an agreed purchase. Where this does not happen, the statutory compulsory purchase order procedure allows the Scottish Ministers to execute a General Vesting Declaration (GVD). This GVD gives the Scottish Ministers a legal title to the land and property included in the compulsory purchase order and also allows them to take possession of the land and property to meet their programme.
Those affected will be given at least 28 days notice of when the Scottish Ministers intend to take title and possession of their land or property under the GVD procedure.
Compensation
Those whose home or business is required will be paid compensation in line with the statutory compensation code. The Valuation Office (an Agency of the Inland Revenue and formerly the District Valuer) assesses and negotiates the compensation payable to those affected on the Executive's behalf. Those directly affected may wish to get professional advice to help with any claim for compensation. Any fees reasonably incurred in obtaining advice from a professionally qualified person such as a surveyor or a solicitor will be reimbursed in line with the scale set out in the statutory compensation code.
After the road has opened
Compensation may be paid where it can be shown that the value of property which was not required by the Scottish Ministers has been reduced by certain prescribed physical factors arising from the use of the new road.
Applications for this compensation cannot normally be submitted until one year after the new road is open to traffic. However, applications must be made within six years of its opening. If within a year of the road opening to traffic a property is put up for sale, special arrangements apply.
Noise Insulation
As a separate issue from compensation, noise insulation by way of secondary glazing or a grant to the equivalent cost towards suitable double glazing may be available for residential properties before the road has opened to mitigate the effects of construction noise or after the road has opened to mitigate the effects of traffic noise resulting from the operation of the new motorway.
Contact for further information
At the time draft orders are published it is intended that more detailed guidance will be available on the compulsory purchase procedures and compensation.
In the meantime, if having read this leaflet you are still unclear about the statutory process and require further explanation, or simply wish to discuss any particular aspect in more detail, please get in touch with:
Mr Douglas Forson,
Scottish Executive Development Department
Trunk Roads Design and Construction Division/ M74 Team
Victoria Quay
EDINBURGH EH6 6QQ
Tel: 0131 244 7227 / Fax: 0131 244 1752.
email:douglas.forson@scotland.gsi.gov.uk
You can get more information on line atwww.m74completion.com
