Dear Sir/Madam
The Roads (Scotland) Act 1984
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
M80 Stepps to Haggs Road Scheme
The Scottish Ministers' Decision
1. This letter contains the Scottish Ministers' decision on the draft Orders listed below in connection with the M80 Stepps to Haggs Road Scheme. The Scottish Ministers have decided to make the Orders, subject to certain modifications.
Background
2. The Scottish Executive published sixteen draft orders relating to the scheme under the Roads (Scotland) Act 1984 (as amended). The Draft Orders for Phase 1 were advertised in December 2003 and the draft compulsory purchase order ( CPO) in April 2004. Orders for Phases 2 and 3 were advertised in November 2004 with the CPOs following in December 2004. The Draft Orders are as follows:
Phase 1 Mollinsburn to Auchenkilns
- The M80/M73 Special Roads (Mollinsburn to Auchenkilns) Scheme 200_.
- The A80 Trunk Road (Mollinsburn to Auchenkilns) (Side Roads) Order 200_.
- The A80 Trunk Road (Mollinsburn to Auchenkilns) (Prohibition of Specified Turns) Order 200_.
- The M80 Special Road (Mollinsburn to Auchenkilns) Appropriation Order 200_.
- The M80/M73 Special Roads (Mollinsburn to Auchenkilns) Compulsory Purchase Order 200_.
Phase 2 Auchenkilns to Haggs
- The M80 Special Road (Auchenkilns to Haggs) Scheme 200_.
- The A80 Trunk Road (Auchenkilns to Haggs) (Side Roads) Order 200_.
- The M80 Special Road (Auchenkilns to Haggs) Appropriation Order 200_.
- The M80 Special Road (Auchenkilns to Haggs) Compulsory Purchase Order 200_.
Phase 3 Moodiesburn Bypass
- The M80/M73 Special Roads (Moodiesburn Bypass) Scheme 200_.
- The M80/M73 Special Roads (Moodiesburn Bypass) (Side Roads) Order 200_.
- The M80/A80 Trunk Roads (Stepps to Moodiesburn) Detrunking Order 200_.
- The Stepps Bypass (M80) (City of Glasgow District Boundary to Crow Wood) Special Road (Variation) Scheme 200_.
- The Stepps Bypass (M80) (City of Glasgow District Boundary to Crow Wood) (Connecting Roads) Special Road (Revocation) Scheme 200_.
- The M80/M73 (Moodiesburn Bypass) Special Roads (Extinguishment of Public Rights of Way) Order 200_.
- The M80/M73 Special Roads (Moodiesburn Bypass) Compulsory Purchase Order 200_.
3. An Environmental Statement, an addendum and an associated Non Technical Summary were also published with the draft orders.
4. A number of objections to the draft Orders were lodged and were not withdrawn. The objections were subsequently considered at a public local inquiry ( PLI), held between 3-27 October 2005 by Mr David N Gordon BSc (Hons) MSc MRTPI. A copy of the report of the inquiry is enclosed for those who represented the objectors at the PLI. The report is also available on the Scottish Executive website www.scotland.gov.uk. Paper copies are available by telephoning 0131 244 0838.
Evidence at the Inquiry
5. A factual background of the road proposals is contained in Chapter 1 of the report. The evidence led by the parties to the inquiry is reported in Chapters 2, 3 and 4. Those who attended the inquiry are listed in Appendix 1 to the PLI report.
Consideration by the Reporter
6. The Reporter's findings of fact are in Chapter 5 of the report. His conclusions and recommendations are presented in Chapter 6.
The Scottish Ministers' Decision
7. The Scottish Ministers have carefully considered all of the evidence presented to the inquiry, including written submissions, the Reporter's findings of fact and his conclusions and recommendations. They accept the Reporter's findings of fact and agree with his reasoning and conclusions and adopt them for the purposes of their own decision. Careful consideration has also been given to the Environmental Statement and the comments made by the consultation bodies defined in terms of the Roads (Scotland) Act 1984.
8. The Reporter has recommended that, provided the Scottish Ministers are satisfied that the proposals would not breach the Human Rights Act 1998, the Orders and Scheme should be authorised, subject to a number of amendments.
9. The Scottish Ministers have considered whether proceeding with the scheme might interefereinterfere with human rights andrights and have satisfied themselves that the significant benefits of the scheme for the general public are sufficient to outweigh the disadvantages for individuals. In coming to this decision, Scottish Ministers have assessed that a fair balance is being struck between the competing interests of the individuals affected and the public interest in the project proceeding, with suitable noise mitigation measures including noise bunds and a programme of landscaping and fencing. The Scottish Ministers will only acquire land which is necessary for the implementation of the scheme. .
10. Scottish Ministers have also considered the arguments both for and against an off-line Kelvin Valley option and remain of the opinion that, because of the potentially significant environmental impacts, the on-line route through Cumbernauld is the only option.
11. Accordingly, the Scottish Ministers accept the Reporter's recommendation that the Scheme and Orders should be made subject to the amendments listed in paragraph 6.5 of the PLI report, replicated in the Annex to this letter.
12. The foregoing decision by the Scottish Ministers is final but any person wishing to question the validity of the decision may apply to the Court of Session within 6 weeks of the date on which the notice of the making of the Orders is first published.
13. A copy of this letter has been sent to all objectors to the road and scheme proposals.
Yours faithfully
John Ewing
Head of Transport Group
Annex
M80 Stepps to Haggs Road Scheme
The Scottish Ministers' Decision
The Scottish Ministers have decided that all the draft Orders and Schemes should be confirmed subject to the following amendments:
The M80/M73 Special Roads (Moodiesburn Bypass) (Side Roads) Order 200
- Alterations and additions to text in Part 5, and associated plans
The M80/M73 Special Roads (Moodiesburn Bypass) (Extinguishment of Public Rights of Way) Order 200
- Alterations to route of right of way
The A80 Trunk Road (Auchenkilns to Haggs) (Side Roads) Order 200
- Alteration to route of proposed cycle track
The M80 Special Road (Auchenkilns to Haggs) Compulsory Purchase Order 200
- Plots 649 and 659 to be removed
- Plots 834 and 847 to be reduced
- Plots 825 and 826 to be amended to permanent servitude
- Plot 828 to be split, with part of plot amended to permanent servitude
The M80/M73 Special Roads (Moodiesburn Bypass) Compulsory Purchase Order 200
- Plots 1003, 1307, 1311, 1503, 1504, 1505, 1514, 1515, 1516 and 1601 to be removed
- Plots 1001, 1020, 1210 and 1212 to be reduced
Bus Freight & Roads Division July assess whether a fair balance is being struck between the competing interests of the individual's affected and the public interest in the project proceeding 2006