The A38 Trunk Road (Dobwalls Bypass) Order 2006

Statutory Instruments

2006 No 2269

HIGHWAYS, ENGLAND

The A38 Trunk Road (Dobwalls Bypass) Order 2006

Made

25th August 2006

Coming into force

1st September 2006

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

1.  This Order may be cited as the A38 Trunk Road (Dobwalls Bypass) Order 2006 and shall come into force on 1st September 2006.

2.  In this Order-

(1) All measurements of distance are measured along the route of the relevant highways:

(2) (i) “the new main road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;

(ii) “the new trunk roads” means the main new road and the slip roads;

(iii) “the plan” means the plan numbered HA10/MP/057 marked “The A38 Trunk Road (Dobwalls Bypass) Order 2006”, signed by authority of the Secretary of State for Transport and deposited at DCLG-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and

(iv) “the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order, and which connect the new main road with other highways at the places stated in that Schedule.

3.  The new main road and the slip roads shall become trunk roads from the date when this Order comes into force.

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

5.  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 maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and

(b) where the highway is not so maintainable 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 traffic.

Signed by authority of the Secretary of State for Transport

Ian Scholey

Divisional Director Major Projects (National) Highways Agency

25th August 2006.

SCHEDULE 1 ROUTE OF THE NEW MAIN ROAD

The route of the new main road is 3.60 kilometres (2.23 miles) overall in length, including two new sections of highway, from:

(i) a point on the A38 trunk road, marked A on the plan, 10 metres west of the eastern access to Twelvewoods Farm to a point, marked B on the plan, 362 metres west of the junction of the A38(T) with the road to Duloe at Lantoom Hill; and

(ii) a point on the A38 trunk road, marked C on the plan, 137metres east of the junction of the A38(T) with the road to Duloe at Lantoom Hill to a point on the A38, marked D on the plan, 5 metres northwest of the junction of the A38(T) with the road to Duloe at Looe Mills, all in the County of Cornwall.

SCHEDULE 2 ROUTES OF THE SLIP ROADS

The routes of the slip roads are as follows:

(1) a route to connect the new main road with the A38 trunk road east of Dobwalls (given number 1 on the plan), and

(2) a route to connect the new main road with the new local highways (given number 2 on the plan).

(1)

1980 c. 66.

(2)

SI 1981/238.