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Middlewich Eastern Bypass Statutory Orders

On 12 January 2022, the Council formally sealed and dated the following statutory orders:

  • The Cheshire East Council (A533 Middlewich Eastern Bypass) Compulsory Purchase Order 2022
  • The Cheshire East Council (A533 Middlewich Eastern Bypass) (Classified Road) (Side Roads) Order 2022 
  • The Cheshire East Council (A533 Middlewich Eastern Bypass – Trent and Mersey Canal Bridge) Scheme 2022 

Following a local Public Inquiry, which was held before an Inspector appointed by the Secretary of State for Transport from 8-11 November 2022, the Secretary of State made a decision on 6 June 2023 to confirm the above orders with modifications.  The confirmed, modified orders can be viewed below:

These orders are required to facilitate the construction of the Middlewich Eastern Bypass highway scheme and permit the use of powers of compulsory purchase where necessary to acquire the necessary land as a matter of last resort, as well as providing for changes to the highways network and the construction of a bridge over the Trent and Mersey Canal.

The decision 

The decision of the Secretary of State and the Inspector’s Report can be viewed here, along with a summary of the modifications made to the orders:

What will happen next

Formal notice of the confirmation by the Secretary of State for Transport of the CPO, SRO and the Bridge Scheme will be publicised in the local press on 21 and 22 June 2023.  Notices will be erected on site and parties impacted by the confirmation will be served with information packs. 

The statutory notices can be viewed here:

The orders as confirmed become operative on the date on which the notices are first published in the local press. Any person aggrieved by the CPO may, by application to the High Court within 6 weeks from that date (being within 6 weeks of 21 June 2023), 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 order.

Any person aggrieved by or desiring to question the validity of the Bridge Scheme or SRO may, within 6 weeks of 21 June 2023, apply to the High Court for the suspension or quashing of the Scheme or the SRO or of any provision included.  The grounds for challenge are that it is not within the powers of the Highways Act 1980 or that any requirement or regulation made has not been complied with.

On expiry of the 6-week periods referred to above, the CPO, SRO and Bridge Scheme will become free from legal challenge. 

The Council is currently reviewing the programme for implementation of the Scheme and further details on this will be provided to parties impacted in due course.

Inspecting the documents

You can see hard copies of the confirmed and modified Orders, plans, statutory notices, the Secretary of State’s decision letter and the Inspector’s report free of charge at the following locations:

Crewe Library, Lifestyle Centre, Moss Square, Crewe CW1 2BB between the hours of 09:00-18:00 Monday to Friday and from 9:00-13:00 on Saturday;

Middlewich Library, 22 Lewin Street, Middlewich CW10 9AS between the hours of 9:30-17:00 Monday, Tuesday and Friday, 09:30-19:00 Thursday and from 9:30-13:00 on Saturday;

Sandbach Library, The Commons, Sandbach CW11 1FJ between the hours of 9:00-17:00 Monday, Tuesday, Thursday and Friday, 09:00-19:00 Wednesday and from 9:00-13:00 on Saturday; and

Northwich Library, at its temporary location at Weaver Hall Museum and Workhouse, London Road, Northwich, CW9 8AB between the hours of 09:00-17:00 Monday, Tuesday and Wednesday, 09:00-19:00 Thursday and Friday and 09:00-13:00 on Saturday,

Library timings are subject to change. You should check with the library before attending in person.

What to do 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 and 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:

Statement of Reasons

The Council has a Joint Statement of Reasons, which relates to the Compulsory Purchase Order (CPO) the Side Roads Order (SRO) and the Bridge Scheme. The document explains the need for and reasoning behind the Orders.  This document and its appendices can be accessed below.

Statutory Notices and Objection Period

Copies of the statutory notice for the CPO were published in the Crewe Chronicle, the Northwich Chronicle and the Congleton Chronicle on 26-27th January 2022 and 2-3rd February 2022, as well as being put up on the MEB website and sent to the parties impacted by the scheme.

Copies of the statutory notices for the Side Roads Orders and the Bridge Scheme were published in the Crewe Chronicle, the Northwich Chronicle, the Congleton Chronicle, and the London Gazette on 26 and 27 January 2022, as well as being put up on the MEB website and sent to the parties impacted by the Side Roads Order proposals.

The Orders were submitted to the Secretary of State for Transport for confirmation.

Objections to the Orders

The period for objecting to the Orders closed on 11 March 2022.  Seven objections to the Orders were received and, as a result, the Secretary of State for Transport held local Public Inquiry from 8-11 November 2022.  The purpose of the Inquiry was for the Secretary of State, through an Inspector appointed by the Planning Inspectorate, to determine whether there is a compelling case in the public interest for the confirmation of the Orders. Both objectors and the public at large were afforded the opportunity to speak at the Inquiry.  No objectors nor members of the public attended the local Public Inquiry

Statement of Case

The Council submitted a Statement of Case relating to the Orders to the Inspector and this was also been served on all objectors. This document and its appendices can be accessed below.

Disclaimer

If you require any of the PDFs on this page in an accessible format email the Cheshire East web team

Page last reviewed: 21 June 2023