The Folkestone—Honiton Trunk Road A35 (Axminster Bypass and Slip Road) Order 1987

Statutory Instruments

1987 No. 2267

HIGHWAYS, ENGLAND AND WALES

The Folkestone—Honiton Trunk Road A35 (Axminster Bypass and Slip Road) Order 1987

Made

21st December 1987

Coming into force

26th January 1988

The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10 and 41 of the Highways Act 1980(1), and now vested in him(2), and of all other enabling powers:

1.  The new highways which the Secretary of State proposes to construct:—

(a) along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and

(b) along the route described in Schedule 2 to this Order to connect the main new trunk road with another highway at a place stated in that Schedule (the highway along this route being in this Order referred to as “the slip road”),

shall become trunk roads as from the date when this Order comes into force.

2.  The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.

3.  The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that—

(a) where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and

(b) where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,

until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.

4.  In this Order—

(1) all measurements of distance are measured along the route of the relevant highway; and

(2) (i) “the deposited plan” means the plan numbered HA10/2—SWM33 marked “The Folkestone—Honiton Trunk Road A35 (Axminster Bypass and Slip Road) Order 1987”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;

(ii) “the new trunk roads” means the highways mentioned in article 1 of this Order;

(iii) “the Trunk Road” means the Folkestone—Honiton Trunk Road (A35).

5.  This Order shall come into force on 26th January 1988 and may be cited as the Folkestone—Honiton Trunk Road A35 (Axminster Bypass and Slip Road) Order 1987.

Signed by authority of the Secretary of State

G.M. Wedd

Regional Director South West Region

Department of Transport

21st December 1987

SCHEDULE 1 ROUTE OF THE MAIN NEW TRUNK ROAD

The route of the main new trunk road is a route at or near Axminster in the County of Devon about 3.65 kilometres in length starting at a point on the Trunk Road approximately 190 metres west of the centre of the bridge which carries the Trunk Road over the River Yarty then going in a general easterly direction south of Axminster to rejoin the Trunk Road at a point approximately 438 metres west of the junction of the Trunk Road and the C69 road to Seaton.

SCHEDULE 2 ROUTE OF THE SLIP ROAD

Junction with A358 Musbury Road

The route of the slip road is a route to connect the main new trunk road with the A358 Musbury Road (the new trunk road along this route being given the reference number 1 on the deposited plan).

(1)

1980 c. 66.

(2)

S.I. 1981/238.