Resources

Transport and Works Act 1992:

Application for the Proposed River Tyne (Tunnels) Order

Reconsultation in relation to Acquisition of Land and Rights over Land/Open Space

I refer to the letter from Herbert Smith, Ref 2129/5254/30811886, dated 30 September 2004, to the papers therewith enclosed and to the corrections sent under cover of their letter dated 11 October 2004.  In summary, the North East Combined Transport Activists Roundtable (NECTAR) concludes that it must object strongly to the procurement route now being proposed by the TWPTA through their solicitors Herbert Smith.

In coming to this conclusion, NECTAR has noted that the TWPTA originally proposed to obtain all of the land that it needed through compulsory purchase orders under the Acquisition of Land Act 1981 but that the TWPTA has now decided that areas of 'open space' should, instead, be acquired by private agreement with South Tyneside Metropolitan Borough Council, the owner, rather than under the terms and conditions of the Act.

The change of plan appears to have been agreed privately between the two public bodies for no other reason than to avoid the proper parliamentary scrutiny that would otherwise be given to any proposal for the compulsory purchase of public open spaces.  The Act permits the compulsory purchase of public open spaces only under 'special parliamentary procedures', such procedures requiring a local inquiry to be held (under the Statutory Orders (Special Procedures) Act 1945) or under the parent Act if different.  Clearly, this new proposal would have been resisted strongly had it been made known at the time of the Public Inquiry.

Of particular importance is the fact that the Act contains specific requirements about parliamentary scrutiny that would allow members of the public to lay petitions against the Order.  Consequently NECTAR objects strongly to this apparent attempt by the TWPTA to disempower the public by removing the parliamentary and public scrutiny that should be given to the compulsory purchase of open, recreational and public spaces.

In raising this strong objection, NECTAR is acutely conscious of the fact that not all the land involved would revert back to open space were the tunnel to be built and that much (for example, that near Epinay Walk) would be sorely missed by the local residents.

We trust, therefore, that you will ensure that any attempt to transfer the ownership of the land concerned from the South Tyneside Metropolitan Borough Council to the TWPTA is subject to the proper parliamentary scrutiny and safeguards provided by the Act and that you will reject the new approach proposed by the TWPTA.

Once more, the TWPTA has made a proposal late in the day that would have reinforced the objection that NECTAR lodged and presented to the Public Inquiry, against the granting of an Order for the construction of the proposed tunnel.

Submitted on behalf of NECTAR by:

Mr M C Murphy, 11 Springfield Meadow, Alnwick, NE66 2NY,

T:01665 608150  E: murphy.martin@btinternet.com