CPO Notice of Confirmation

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THE CORNWALL COUNCIL
NOTICE OF CONFIRMATION OF A COMPULSORY PURCHASE
ORDER BY THE SECRETARY OF STATE FOR TRANSPORT
Name of the confirmed Order
THE CORNWALL COUNCIL (CAMBORNE POOL REDRUTH)
(HIGHWAY IMPROVEMENTS) COMPULSORY PURCHASE ORDER
2011
The Acts applying
The Highways Act 1980 and the Acquisition of Land Act 1981
NOTICE IS HEREBY GIVEN that the Secretary of State for Transport, in exercise of his
powers under the above Acts, on 22nd November 2012 confirmed with modifications
THE CORNWALL COUNCIL (CAMBORNE POOL REDRUTH) (HIGHWAY
IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2011 submitted by The
Cornwall Council
The Order as confirmed provides for the purchase of land and new rights in Pool and
Camborne described in the Schedule to the Order.
A copy of the Order as confirmed by the Secretary of State for Transport and of the
Schedule and maps referred to therein have been deposited at the Council’s Offices, at
New County Hall, Truro and at Cornwall Council’s Offices, at Dolcoath Road, Camborne,
where they may be inspected free of charge during opening hours from Thursday 6th
December 2012 until Monday 21st January 2013. They are also available for inspection on
the Council’s website www.cornwall.gov.uk.
The Order, as confirmed, will authorise The Cornwall Council to purchase compulsorily
the land (and acquire the new rights) described in detail in the Schedule to the Order and
summarised below for the purpose of:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
The improvement of the classified road, Dudnance Lane (A3047) from its
junction with Trevenson Road for a distance of 829 metres first in a southwesterly
and then an easterly direction to its junction with Station Road (at the Penhallick
Road junction);
The improvement of the classified road, Station Road (A3047) from its junction
with Dudnance Lane for a distance of 130 metres in an easterly direction;
The construction of a new highway, to become the A3047 from a point 130 metres
east of the junction of Dudnance Lane and Station Road for a distance of 568
metres in an easterly and then a northerly direction to the junction of Wilson Way
and Carn Brea Lane;
The improvement of the classified road, Wilson Way (A3047) from its junction
with Carn Brea Lane for a distance of 140 metres in an easterly direction;
The construction of a new highway, to become the A3047 from a point on
Dudnance Lane (A3047) 265 metres southeast of its junction with Trevenson
Road for a distance of 1112 metres in a westerly and then southerly direction to a
point 34 metres south of the eastern end of Dolcoath Avenue.
use by the acquiring authority in connection with those improvements.
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THE CORNWALL COUNCIL
(vii)
the construction of other highways, the improvement of existing highways and the
provision of new means of access to premises and land in pursuance of The
Cornwall Council (Camborne Pool Redruth) (Highway Improvements) (Classified
Road) (Side Roads) Order 2011
(viii) the mitigation of any adverse effects which the existence or use of the highways
proposed to be constructed or improved will have on their surroundings
all in pursuance of THE CORNWALL COUNCIL (CAMBORNE POOL REDRUTH)
(HIGHWAY IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2011; in the
Parishes of Carn Brea and Camborne in the County of Cornwall.
The Order as confirmed becomes operative on the date on which this notice is first
published (6th December 2012). A person aggrieved by the Order may, by application to
the High Court within 6 weeks from that date, challenge its validity under Section 23 of
the Acquisition of Land Act 1981. The grounds for challenge can be (i) that the
authorisation granted by the Order is not empowered to be granted or (ii) that there has
been a failure to comply with any relevant statutory requirements relating to the Order.
DESCRIPTION OF LAND AND THE NEW RIGHTS
There follows a summary of the land as detailed in the Schedule to the Order as
confirmed
In the Parish of Carn Brea
All interests other than the interests of the acquiring authority in the public highway
known as Dudnance Lane from its junction with Trevenson Road at East Hill southwards
to its junction with Penhallick Road. Open and rough land to the north-east of Dudnance
Lane, being part of the site known as the Heartlands Development. A right to construct
and maintain traffic signal equipment on open and rough land to the north-east of
Dudnance Lane known as the Heartlands Development Site. Open and rough land to the
north-east of Dudnance Lane, known as the Trevenson Park South Development Site.
Part of the access track into open and rough land to the north-east of Dudnance Lane.
Land to the north-east of Dudnance Lane fronting the site of former premises, 4
Dudnance Lane. Vacant site of former premises, 5 Dudnance Lane. Part of the Car Sales
Yard Dudnance Lane, known as Dudleys Car Sales. Landscaped area fronting
commercial premises, Dudnance Lane, known as City Electrical Factors. Part of the
access track to Pool Market and former Homebase Store, Dudnance Lane. Rough
landscaped area to the north-east of Dudnance Lane forming part of Tesco Supermarket,
Dudnance Lane. Part of forecourt, display area and car park of Atlantic Windows,
Atlantic House, Dudnance Lane. Part of forecourt, yard and car park of Varcurn Marble,
Zenith House, Dudnance Lane. Part of forecourt and car park of SW Tyres, The
Warehouse, Dudnance Lane. Open and rough land to the south west of the junction of
Dudnance Lane, Station Road and Penhallick Road. Land and commercial premises
known as The Old Corporation Yard, Dudnance Lane. A right to regrade access to the
Old Corporation Yard, Dudnance Lane. A right to regrade land and access to the lorry
park known as Stones Haulage to the south of Dudnance Lane. Part of lorry park known
as Stones Haulage to the south of Dudnance Lane. All interests other than the interests of
the acquiring authority in the public highway known as Forth Kegyn from its junction
with Dudnance Lane westwards for 7m. Part of the SITA, Local Authority Recycling
Centre and access, Dudnance Lane. Part of access, yard and outbuildings of the former
Council Dudnance Lane Depot, Coastline, Dudnance Lane. Land, access and premises
formerly part of the South Crofty Mine Dudnance Lane between former council depot
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and East Hill. Part of vacant site of former premises East Hill House, East Hill and land
to the south and to the south west of Dudnance Lane/East Hill junction. Land adjoining
the rear trade entrance to B & Q Warehouse, to the north-east of Dudnance Lane,
currently used as highway footway. Part of access to car park fronting laundry premises,
CLS, Dudnance Lane. Part of access road to the Pool Business Park, Dudnance Lane.
Part of access, forecourt and car park to Richford Fire and Flood, Leigh House, Dudnance
Lane.
Part of the rear goods access to TESCO, unloading bay and yard, Station Road. The
dwelling house and garden of Sylmar, Station Road. Part of access to dwelling houses,
Chynoweth and Treveor, west of Station Road. Part of forecourt and car park of
commercial premises known as Carters Packaging, to the east of Station Road adjacent to
the Network Rail depot and yard. Access from Station Road and part of Network Rail
fenced depot, scrub land and yard to the east of Station Road and to the north of the
Penzance to Paddington railway line and part of public highway Station Road. Part of
scrubland, wooded area and grassed bank to the south and east of the Carn Brea Leisure
Centre running track, Station Road and to the west of Public Footpath No. 4 (Carn Brea).
A Right to construct and maintain drainage pipe across scrub land to the south west of the
Carn Brea Leisure Centre running track.
Part of scrubland to the east of Tresco and St Stephens Road and to the west of Public
Footpath No. 4 (Carn Brea). Land adjoining the Western Power Distribution, electricity
sub-station to the rear of 78 Carn Brea Lane. Part of front garden, side and rear gardens of
dwelling house 78 Carn Brea Lane. The right to construct and maintain an acoustic
barrier on part of the side and rear garden of dwelling house 78 Carn Brea Lane. Part of
Public Footpath No. 4 (Carn Brea) commencing 43m south of Carn Brea Lane to a point
178m south of Carn Brea Lane. Part of hard standing area and car park to the south of
Wilson Way and east of Footpath No.4 (Carn Brea) forming part of the commercial land
and premises known as Tescan, Wilson Way. Part of the industrial site between Agar
Way at its eastern end and the rear of the Bookers Unit, Wilson Way. All interests other
than the interests of the acquiring authority in the public highway known as Agar Way at
its eastern end, being the southern end of the turning head. All interests other than the
interests of the acquiring authority in the public highway known as Wilson Way, 45m
northwards and 145m eastwards from its junction with Carn Brea Lane. All interests
other than the interests of the acquiring authority in the public highway known as Wilson
Way at Bookers Unit HGV access. Part of the landscaped area and car park fronting
Philip Whear Windows’ factory and showrooms at the junction of Wilson Way and Carn
Brea Lane. Part of forecourt to Unicorn House, Wilson Way. Part of car park fronting
commercial premises known as Nationwide Crash Repair Centre, to the north of Wilson
Way.
All interests other than the interests of the acquiring authority in the public highway
known as Station Road from Penhallick Road to 10m north of the northern boundary of
the garden of Sylmar. All interests other than the interests of the acquiring authority in the
public highway known as Penhallick Road from its junction with Station Road,
southwards to the north side of the railway bridge. All interests other than the interests of
the acquiring authority in the public highway known as Carn Brea Lane from its junction
with Wilson Way westwards for 10m. Scrubland forming part of Carters Packaging
access and Network Rail depot access. Land of the former site of the railway yard to the
south of Station Road and North of the Penzance to Paddington railway line, adjacent to
Penhallick Road. Part of the HGV access to the property known as Bookers on the east
side of the car park, to the north of Wilson Way. Part of HGV turning area to the rear of
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Bookers Unit. Private vehicular access road and part of Public Footpath No. 4 (Carn
Brea) between 78 and 74 Carn Brea Lane running south from Carn Brea Lane.
Buildings, industrial ground and open and rough ground forming part of the South Crofty
Mine, to the west of Dudnance Lane. Open and rough land to the south of Primitive Row
and to the east of Chapel Road. A right to regrade open and rough land, used of a path, to
the south of 47 Chapel Road. All interests other than the interests of the acquiring
authority in open and rough land to the east of Chapel Road, part of the Red River and
western access track to the South Crofty Mine.
In the Parish of Camborne
Open and rough land to the south-west of Chapel Road, known as the Tuckingmill Urban
Village site extending to the south west of the old works site. All interests other than the
interests of the acquiring authority in part of public highway known as Chapel Road from
southern boundary of 20 Chapel Road for a distance of 210m in a southwesterly
direction.
Land forming part of Church View Farm, to the east of Church View Road, extending to
Dolcoath Road. A right to construct and maintain a noise fence on land forming part of
access track to Church View Farm, to the rear of properties Pendle and No’s 2-8 Church
View Road. Land between the access track and the rear of Pendle and 2-8 Church View
Road. Open and rough land to the north of Dolcoath Road forming part of Church View
Farm. Open and rough land to the north-east of the junction of Dolcoath Road and
Church View Road. Open and rough land and access track to the south of Pendle, Church
View Road.
Part of field to the south-east of the junction of Dolcoath Road and Lower Pengegon. Part
of gardens forming part of the former Cornwall College of Further and Higher Education
adjacent to the junction of Dolcoath Avenue and Lower Pengegon. Land with shrubs and
trees adjoining 2 Lower Pengegon. All interests other than the interests of the acquiring
authority in public highway known as Church View Road from its junction with Dolcoath
Road in a northwards direction for 40m. All interests other than the interests of the
acquiring authority in public highway known as Dolcoath Road, 29m east and 108m west
of its junction with Lower Pengegon. All interests other than the interests of the acquiring
authority of public highway known as Dolcoath Avenue from its junction with Lower
Pengegon in an westerly direction for 65m, including the north and south forks. All
interests other than the interests of the acquiring authority of public highway known as
Lower Pengegon from its junction with Dolcoath Road in a southerly direction for 120m.
Head of Legal Services,
The Cornwall Council, County Hall, Truro,
Dated this 6th day of December 2012
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