Transport Acts
THE TRANSPORT AND WORKS ACT 1992
THE TRANSPORT AND WORKS (APPLICATIONS AND OBJECTIONS PROCEDURE) (ENGLAND AND WALES) RULES 2006
THE MIDLAND METRO (BIRMINGHAM CITY CENTRE EXTENSION LAND ACQUISITION AND VARIATION) ORDER
NOTICE OF APPLICATION FOR AN ORDER
West Midlands Passenger Transport Executive (“Centro”) of Centro House, 16 Summer Lane, Birmingham, B19 3SD is applying to the Secretary of State for Transport under section 6 of the Transport and Works Act 1992 for the above-mentioned order under section 1 of that Act.
The application is to be made subject to an environmental impact assessment.
The draft Order would revive powers of compulsory acquisition for the purposes of the works authorised by the Midland Metro (Birmingham City Centre Extension, etc) Order 2005 (SI 2005/1794) (“the 2005 Order”), which expired in 2010, and would also authorise a variation, of approximately 100 metres, of the alignment of the tramway authorised by the 2005 Order within Paradise Circus Queensway in the centre of Birmingham, to integrate with changes to the highway proposed as part of the redevelopment of Paradise Circus. The draft Order would confer on Centro powers to acquire land compulsorily for purposes connected with, or ancillary to, the construction of the tramway along the re-aligned route. These provisions include powers to acquire land or rights over land, to extinguish private rights, and to use land temporarily. It would also confer powers enabling Centro to carry out such works as may be necessary or expedient in connection with the construction of the tramway and to operate and use the tramway once constructed. These include provisions relating to street works and to the temporary stopping up of streets with the consent of the highway authority, powers to discharge water, construct temporary tramways, survey and investigate land and carry out safeguarding works to buildings as well as powers to erect traffic signs and charge fares. The draft Order would also confer powers (including powers to acquire land) enabling Centro to carry out a minor adjustment to the 2005 scheme outside the Paradise Circus area. Provisions of the Railway Clauses Consolidation Act 1845 (c.20), New Roads and Street Works Act 1991 (c.22), Midland Metro Act 1989 (c.xv), Midland Metro (Penalty Fares) Act 1991 (c.ii), Midland Metro Act 1992 (c.vii) and Midland Metro (No. 2) Act 1992 (c.viii) are incorporated to the extent specified in the draft Order. The draft Order also contains protective provisions for relevant statutory undertakers.
Any objections to, or other representations about, the proposals in the application should be sent to the Secretary of State for Transport c/o Transport and Works Act Orders Unit, General Counsel's Office, Department for Transport, Zone 1/18, Great Minster House, 33 Horseferry Road, London SW1P 4DR, email transportandworksact@dft.gsi.gov.uk.
An objection or representation MUST (i) be received by the Secretary of State on or before 22 January 2014, (ii) be made in writing (whether sent by post or email), (iii) state the grounds of the objection or representation, (iv) indicate who is making the objection or representation, and (v) give an address to which correspondence relating to the objection or representation may be sent. (If you are sending your objection or representation by e-mail, please provide a postal address.)
The Secretary of State may make complete copies of the objections and other representations public, including any personal information in them, and will copy them to the applicant for the Order.
Winckworth Sherwood LLP
On behalf of West Midlands Passenger Transport Executive, applicant for the Order.
Date 4 December 2013
Winckworth Sherwood LLP, Solicitors and Parliamentary Agents, Minerva House, 5 Montague Close, London, SE1 9BB.