Advice to Walsall Council
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- From
- Walsall Council
- Date advice given
- 20 March 2015
- Enquiry type
Please see attached documents for copy of the letter and two plans.
Advice given
Thank you for your correspondence dated 2 March 2015, sent via email.
The nature of your query related to whether the improvement and alteration of Junction 10a of the M6, together with associated adjoining road, would fall to be considered under the Planning Act 2008 or the Highways Act 1980 regime.
You provided us with a brief description of the scheme as currently proposed and two plans indicating the location and area of works.
The relevant sections of the Planning Act 2008 are s14 and s22. Under s22 the Planning Act defines highway work as either construction, alteration or improvement. You have provided us with a summary of the views of the Highways Agency (on receipt of advice from the Department for Transport) on this point. They conclude that the nature of the works do not constitute an improvement under s22. They conclude that the scheme is therefore an alteration, however the area of development is not greater than the relevant limits set out in s22(4) and the Secretary of State is not the highway authority for all of the highways involved in the proposed work, only part.
On the basis of the information provided to us and the reasoning as provided in summary above, we consider that the Highways Agency has reached a reasonable view in their assessment and subsequent conclusion.