The Durham and Tyne and Wear (County and District Boundaries) Order 1992

Statutory Instruments

1992 No. 3054

LOCAL GOVERNMENT, ENGLAND AND WALES

CHANGES IN LOCAL GOVERNMENT AREAS

The Durham and Tyne and Wear (County and District Boundaries) Order 1992

Made

1st December 1992

Laid before Parliament

11th December 1992

Coming into force

for the purposes referred to in article 1(2)

1st December 1993

for all other purposes

1st April 1994

The Secretary of State, in exercise of his powers under sections 51(2) and 67(4) of the Local Government Act 1972(1) and of all other powers enabling him in that behalf, hereby makes the following Order which gives effect, with modifications, to proposals submitted to him under sections 47, 48(1) and 51(1) of that Act, more than six weeks before the making of this Order, by the Local Government Boundary Commission for England:

Citation and commencement

1.—(1) This Order may be cited as the Durham and Tyne and Wear (County and District Boundaries) Order 1992.

(2) This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976(2).

(3) For all other purposes, this Order shall come into force on 1st April 1994.

Interpretation

2.  In this Order—

• “district” includes a metropolitan borough and a city;

• “Durham” means the county of Durham, “Durham City” means the city of Durham in that county, and any reference to Chester-le-Street or to Easington is a reference to the Durham district of that name;

• “electoral division” means an electoral division of Durham(3);

• “the map” means one or more of the 14 maps prepared by the Department of the Environment, marked “Maps of the Durham and Tyne and Wear (County and District Boundaries) Order 1992”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;

• “Tyne and Wear” means the metropolitan county of Tyne and Wear, and any reference to Gateshead, to North Tyneside, to South Tyneside or to Sunderland is a reference to the Tyne and Wear district of that name;

• any reference to an area as unparished is a reference to that area not forming part of any parish; and

• “ward” means a ward of the district from or to which an area is transferred(4).

Transfers between Durham (Chester-le-Street, Durham City and Easington) and Tyne and Wear (Gateshead and Sunderland)

3.—(1) Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Durham, and from the district and the parish named in column 3 to—

(a) Tyne and Wear;

(b) the district mentioned in column 4; and to

(c) the parish (if any), ward, petty sessional division and coroner’s district mentioned in column 4.

Table

(1)	(2)	(3)	(4)
Area marked	On map	Transferred from Durham, and from—	To Tyne and Wear, and to—
C	9	Chester-le-Street Parish of North Lodge	Gateshead Parish of Birtley Birtley ward Gateshead petty sessional division South Tyneside coroner’s district
D	9	Chester-le-Street Parish of Ouston	Gateshead Parish of Birtley Birtley ward Gateshead petty sessional division South Tyneside coroner’s district
H & K L	10 10 & 11	Chester-le-Street Parish of Bournmoor	Sunderland Shiney Row ward Houghton le Spring petty sessional division Sunderland coroner’s district
A, C & E	10	Chester-le-Street Parish of North Lodge	Sunderland Washington South ward Houghton le Spring petty sesional division Sunderland coroner’s district
O U, V & W	11 12	Durham City Parish of West Rainton	Sunderland Parish of Hetton Hetton ward Houghton le Spring petty sessional division Sunderland coroner’s district
B	14	Easington Parish of Seaton with Slingley	Sunderland Parish of Burdon Ryhope ward Houghton le Spring petty sessional division Sunderland coroner’s district

(2) Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Tyne and Wear, from Sunderland, and from the parish (or where unparished, the ward) named in column 3 to—

(a) Durham;

(b) the district and the parish mentioned in column 4;

(c) the ward, electoral division and petty sessional division so mentioned; and to

(d) the North Durham coroner’s district.

Table

(1)	(2)	(3)	(4)
Area marked	On map	Transferred from Tyne and Wear from Suderland and from—	To Durham, and to —
G & J	10	Shiney Row ward	Chester-le-Street Parish of Bournmoor Bournmoor ward Lumley electoral division Chester le Street petty sessional division
M	11	Houghton ward	Chester-le-Street Parish of Little Lumley Lumley ward Lumley electoral division Chester le Street petty sessional division
B B, D & F	9 10	Washington South ward	Chester-le-Street Parish of North Lodge North Lodge ward Chester-le-Street North East electoral division Chester-le-Street petty sessional division
N	11	Houghton ward	Durham City Parish of West Rainton Pittington and West Rainton ward Sherburn electoral division Durham petty sessional division
P, Q, R, S & T	12	Parish of Hetton	Durham City Parish of West Rainton Pittington and West Rainton ward Sherburn electoral division Durham petty sessional division
X & Y	13	Parish of Hetton	Durham City Parish of Pittington Pittington and West Rainton ward Sherburn electoral division Durham petty sessional division
A & C	14	Parish of Burdon	Easington Parish of Seaton with Slingley Murton East ward Seaham electoral division Easington petty sessional division

Transfers within Tyne and Wear between Gateshead and Sunderland

4.—(1) Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Gateshead, and from the parish (or, if unparished, the ward) named in column 3 to Sunderland, to the Washington West ward, and to the Houghton le Spring petty sessional division and the Sunderland coroner’s district, becoming or remaining unparished.

Table

(1)	(2)	(3)
Area marked—	On map	From Gateshead, and from—
B	8	Parish of Birtley
A	8	Parish of Lamesley
A	7	Wrekendyke ward

(2) Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Sunderland, and from the ward named in column 3 to Gateshead, to the parish (if any) and the ward mentioned in column 4, and to the Gateshead petty sessional division and the Gateshead and South Tyneside coroner’s district.

Table

(1)	(2)	(3)	(4)
Area marked—	On map—	Transferred from Sunderland, and from the following ward—	To Gateshead, and to—
C	7	Washington North	Wrekendyke ward
A	9	Washington South	Parish of Birtley Birtley ward
B	7	Washington West	Wrekendyke ward

Transfers within Tyne and Wear between Gateshead and South Tyneside

5.—(1) Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Gateshead, and from the ward named in column 3 to South Tyneside, to the ward named in column 4, and to the South Tyneside petty sessional division, remaining unparished.

Table

(1)	(2)	(3)	)4)
Area marked—	On map—	Transferred from Gateshead, and from the following ward—	To South Tyneside, and to the following ward—
A, C & D	2	Pelaw and Heworth	Hebburn Quay
A	3	Wrekendyke	Fellgate and Hedworth

(2) The area which is marked B on map 2 shall be transferred from South Tyneside, and from the Hebburn Quay ward to Gateshead, to the Pelaw and Heworth ward and to the Gateshead petty sessional division, remaining unparished.

Transfers within Tyne and Wear between North and South Tyneside

6.—(1) The area which is marked A on map 1 shall be transferred from North Tyneside, and from the Riverside ward to South Tyneside, to the Bede ward, to the South Tyneside petty sessional division and to the Gateshead and South Tyneside coroner’s district, remaining unparished.

(2) The area which is marked B on map 1 shall be transferred from South Tyneside, and from the Bede ward to North Tyneside, to the Riverside ward, to the North Tyneside petty sessional division and the North Tyneside coroner’s district, remaining un-parished.

Transfers within Tyne and Wear between South Tyneside and Sunderland

7.—(1) The areas which are marked B and D on map 4 shall be transferred from South Tyneside, and from the Boldon Colliery ward to Sunderland, to the Town End Farm ward and to the Sunderland petty sessional division and the Sunderland coroner’s district, remaining unparished.

(2) Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Sunderland, and from the ward named in column 3 to South Tyneside, to the ward mentioned in column 4, and to the South Tyneside petty sessional division and the Gateshead and South Tyneside coroner’s district, remaining unparished.

Table

(1)	(2)	(3)	(4)
Area marked—	On map	Transferred from Sunderland, and from the following ward—	To South Tyneside, and to the following ward—
B	6	Fulwell	Cleadon and East Boldon
A	5 & 6	Fulwell	Whitburn and Marsden
A & C	4	Town End Farm	Boldon Colliery

Town and country planning

8.—(1) In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990(5)).

(2) Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.

Signed by authority of the Secretary of State

Robin Squire

Parliamentary under Secretary of State,

Department of the Environment

1st December 1992

Explanatory Note

(This note is not part of the Order)

This Order makes changes to the boundary between the metropolitan county of Tyne and Wear with the county of Durham. The districts affected are as follows—

In Tyne and Wear

The metropolitan borough of Gateshead

The city of Sunderland

In Durham

The district of Chester-le-Street

The city of Durham

The district of Easington

The Order also transfers areas within Tyne and Wear between—

(a) Gateshead and Sunderland;

(b) Gateshead and the metropolitan borough of South Tyneside;

(c) the metropolitan boroughs of North Tyneside and South Tyneside; and

(d) South Tyneside and Sunderland.

Consequential changes are made to parishes, local government electoral areas, petty sessional divisions and coroners' districts.

The map and table forming part of this Note (Pages 7, 8 and 9) give a general guide to the location, area and population of the land affected. Prints of the detailed order maps (described in article 2) may be inspected at all reasonable times at the offices of the council for each city, district and metropolitan borough affected, and additionally at the offices of the Secretary of State for the Environment located in 2, Marsham Street, London SW1P 3EB.

The Local Government Area Changes Regulations 1976 (S.I. 1976/246, amended by S.I. 1978/247) contain general provisions regarding the effect of orders such as this one.

Table of areas affected

Transfers—	Description —
DURHAM TO TYNE AND WEAR Article 3(1) Area (hectares): 165 Population: 1200	From Chester-le-Street to Gateshead Transfer of area located north of Pelaw Grange Stadium, including part of industrial estate. From Chester-le-Street to Sunderland 1.  At North Lodge/unparished area, minor realignments near the General’s Wood and the A182 road. 2.  At Bournmoor/unparished area, transfer of large area running from New Lambton in the south to a point north-east of Biddick Gill Wood, and including Bourn Lea, Ross Lea and other residential development on either side of Golf Course Road, Burnmoor Farm House, and Wapping Bridge. The effect of the transfer is to realign the boundary to follow the western side of the mineral railway. From Durham City to Sunderland At West Rainton/Hetton, transfer of part of tipping area south of Chilton Moor, and minor realignments on the eastern side of West Rainton, south of the Rectory, and near Pittington Bank. From Easington to Sunderland At Seaton/Burdon, realignment in vicinity of A19 road and Seaton Bank Mineral Railway, west of A1018 road.
FROM TYNE AND WEAR TO DURHAM Article 3(2) Area: 150 Population: 305	From Sunderland to Chester-le-Street 1.  At unparished area/North Lodge— (a) realignments in vicinity of dismantled mineral railway at Vigo; (b) realignments in vicinity of The General’s Wood/A 182 road; (c) transfer of area located south of the A182 road near the river Wear and James Steel Park. 2.  At unparished area/Bournmoor— (a) realignment along A182 road on eastern bank of river Wear north of Carrshole Wood; (b) minor realignment to western side of that road near Biddick Gill Wood. 3.  At unparished area/Little Lumley, transfer of area north of Black Boy Road and south of New Lambton, realigning boundary to the western side of mineral railway. The following are included in the transfer— Morton Wood, depot and football ground, Morton House, The Rookery, Morton Grange Farm buildings, Newbottle Lane and Morton Cottage. From Sunderland to Durham City 1.  At unparished area/West Rainton, transfer of small area (including part of Black Boy Lane and Morton Acres) lying to the southwest of Black Boy Bridge. 2.  At Hetton/West Rainton, realignments at Middle Rainton, Alexandrina Flat. Pittington Bank, and at Hetton le Hill (near Elemore Lane and Bramble House). From Sunderland to Easington At Burdon/Seaton, realignments near the Seaton Bank Mineral Railway and the A19 road.
FROM GATESHEAD TO SUNDERLAND Article 4(1) Area: 3 Population: 0	Realignments— (a) to eastern side of A1 road near the interchange with the A195 road, and Whittle Burn; and (b) in vicinity of Mount Road to unite properties (including Mount View and Field View) in Sunderland.
FROM SUNDERLAND TO GATESHEAD Article 4(2) Area: 25 Population: 100	Realignments to eastern side of A1 road near the interchange with the A195 road, and Whittle Burn. Transfer of area stretching from Portobello in the north to the dismantled mineral railway at Vigo in the south, consisting mainly of parts of the A1 road and the A1 service areas at Emerson.
FROM GATESHEAD TO SOUTH TYNESIDE Article 5(1) Area: 40 Population: 10	Transfer to unite St. Joseph’s R.C. Comprehensive School in South Tyneside. Realignments to eastern side of railway line at Victoria Industrial Estate and Wardley Lane. Realignment to eastern side of mineral railway at Follingsby Terrace/Wardley Colliery/Follingsby Lane.
FROM SOUTH TYNESIDE TO GATESHEAD Article 5(2) Area: 1 Population: 45	Realignment to eastern side of railway near the Victoria Road West Bridge.
FROM NORTH TYNESIDE TO SOUTH TYNESIDE Article 6(1) Area: 1 Population: 0 FROM SOUTH TYNESIDE TO NORTH TYNESIDE Article 6(2) Area: 1 Population: 0	Minor realignments to centre of River Tyne south-east of Northumberland Dock, and north-east of Jarrow Stake.
FROM SOUTH TYNESIDE TO SUNDERLAND Article 7(1) Area: 1 Population: 0	Minor realignments in vicinity of Hylton Lane/Dowhill Reservoirs.
FROM SUNDERLAND TO SOUTH TYNESIDE Article 7(2) Area: 7 Population: 0	Minor realignments in vicinity of Hylton Lane/Dowhill Reservoirs. Transfer of area of open land north of Cut Throat Dene.

(1)

1972 c. 70.

(2)

S.I. 1976/246, amended by S.I. 1978/247.

(3)

Every non-metropolitan county is divided into electoral divisions for the purposes of the election of county councillors (section 6(2)(a) of the Local Government Act 1972).

(4)

Every district (whether metropolitan or non-metropolitan) is divided into wards for the purposes of the election of district councillors (section 6(2)(b) and (c) of the Local Government Act 1972).

(5)

1990 c. 8. This definition was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph 34.