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Statutory Instruments

1991 No. 1558

HIGHWAYS, ENGLAND AND WALES

The A5 Trunk Road (Fazeley Two Gates Wilnecote Bypass and Slip Roads) Order 1991

Made

25th June 1991

Coming into force

30th July 1991

The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10, 12, 41, 106 and 108 of the Highways Act 1980(1), and now vested in him(2), and of all other enabling powers:

1.  The highways which the Secretary of State proposes to construct–

(a)along the route described in Schedule 1 (hereinafer referred to as “the main new trunk road”); and

(b)along the routes described in Schedule 2 for the purposes of connecting the main new trunk road with other highways at the places stated in that Schedule (hereinafter referred to as “the connecting roads”),

shall become trunk roads as from the date when this Order comes into force.

2.  The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.

3.  The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that–

(a)where the highway is a highway maintainable at public expense by a local highway authority, the part in question shall be maintained by that authority, and

(b)where the highway is not a highway maintainable at public expense and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,

until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.

4.  The length of the Trunk Road described in Schedule 3 and shown by broad hatching on the deposited plan shall cease to be a trunk road and shall become a classified road as from the date on which the Secretary of State notifies the County Council of Staffordshire that the new trunk roads are open for through traffic.

5.  The Secretary of State is authorised to construct the bridge over the Birmingham and Fazeley Canal specified in Schedule 4 as part of the main new trunk road and, in connection with the construction of that bridge, to divert the part of the navigable watercourse specified in that Schedule and the towing path adjacent to that part in the manner shown in that Schedule.

6.  The Secretary of State is authorised to construct the bridge over the Coventry Canal specified in Schedule 5 as part of the main new trunk road and, in connection with the construction of that bridge, to divert the part of the navigable watercourse specified in that Schedule and the towing path adjacent to that part in the manner shown in that Schedule.

7.  In this Order–

(1) all measurements of distance are measured along the route of the relevant highway;

(2) (i) “classified road” as a classification for a new highway, means that the highway is not a princi pal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;

(ii)“the deposited plan” means the plan numbered HA 10/2 WM 150 marked “The A5 Trunk Road (Fazeley Two Gates Wilnecote Bypass and Slip Roads) Order 1991” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY;

(iii)“the new trunk roads” means the new highways mentioned in article 1; and

(iv)“the Trunk Road” means The London to Holyhead Trunk Road (A5);

(3) a reference to an article or a Schedule followed by a number is a reference to an article in, or Schedule to this Order, which bears that number.

8.  This Order shall come into force on 30th July 1991 and may be sited as the A5 Trunk Road (Fazeley Two Gates Wilnecote Bypass and Slip Roads) Order 1991.

Signed by authority of the Secretary of State for Transport

D. Ritchie

Regional Director West Midlands Region,

Department of Transport

25th June 1991

SCHEDULE 1ROUTE OF THE MAIN NEW TRUNK ROAD

A route to bypass Fazeley, Two Gates and Wilnecote in the County of Staffordshire about 7.72 kilometres in length, starting at a point on the Trunk Road 1244 metres west of the mid-point of its junction with the A453 at Mile Oak Cross Roads and proceeding in an easterly direction, crossing the A453 (Bonehill Road) and passing north of the village of Bonehill, crossing the Birmingham and Fazeley Canal and the River Tame to a point south of Kettlebrook Bridge, crossing the Birmingham–Derby railway line and proceeding in a generally south easterly direction along the line of the Kettle Brook, crossing the B5440 (Marlborough Way) and passing between the areas of Glascote and Belgrave to a point on the Trunk Road 225 metres west of its junction with the M42 roundabout.

SCHEDULE 2A5 FAZELEY TWO GATES WILNECOTE BYPASS TAMWORTH ROUTES OF THE CONNECTION ROADS

1.  Junction with A453 Bonehill Road and at Plantation Lane, Tamworth

Three routes (numbered 1, 2 and 3 on the deposited plan) to connect the eastbound and westbound carriageways of the main new trunk road with a roundabout proposed to be constructed on the A453 at Plantation Lane, connecting with Plantation Road.

2.  Junction with the Proposed Bitterscote Development Distribution Roundabout at Bitterscote, Tamworth

Four routes (numbered 4, 5, 6 and 7 on the deposited plan) to connect the eastbound and westbound carriageways of the main new trunk road with the proposed Bitterscote Development Distributor Roundabout at Bitterscote.

3.  Junction with B5440 Marlborough Way at Glascote, Tamworth

Four routes (numbered 8, 9, 10 and 11 on the deposited plan) to connect the eastbound and westbound carriageways of the main new trunk road with the B5440 Marlborough Way, at Glascote.

4.  Junction with B5080 Pennine Way at Stoneydelph, Tamworth

Two routes (numbered 12 and 13 on the deposited plan) to connect the eastbound carriageway of the main new trunk road by means of a roundabout proposed to be constructed at Stoneydelph, connecting with the B5080 (Pennine Way).

SCHEDULE 3

LENGTH OF THE TRUNK ROAD CEASING TO BE A TRUNK ROAD

The length of the Trunk Road ceasing to be a trunk road is from a point 1244 metres west of its junction with the A453 of Mile Oak Roads to (and including) a roundabout proposed to be constructed at its junction with B5080 (Pennine Way).

(2)

S.I. 1981/238.