Agenda item

To consider a report authorising the making of a Compulsory Purchase Order and Side Roads Order for the delivery of the A500 Dualling scheme

from Meremoor Moss Roundabout to M6 Junction 16.

Appendix F to the report contains exempt information as defined in paragraphs 1,2,3 and 5 of Part 1 of Schedule 12A to the Local Government Act 1972. It may therefore be necessary for the Committee to exclude the press and public in order to consider the Appendix. 

Consideration was given to a report on the making of the Compulsory Purchase Order and Side Roads Order for the A500 Dualling Scheme (“the Scheme”).

RESOLVED (Unanimous)

1.That recommendation two made by Cabinet on 15 January 2019 be noted.

2.That the ongoing requirement to forward fund expenditure on the Scheme in lieu of external contributions be noted, and that the financial risks as outlined in the financial implications of the report be noted.

3.That the acquisition of the land identified in the Map accompanying The Cheshire East Council (A500 Dualling Meremoor Moss Roundabout to M6 Junction 16) Compulsory Purchase Order 2022 (“the OrderMap”) attached to the report be confirmed and was necessary for highwaypurposes.

4.That thedraft Statementof Reasons, the draft CPO (including the form and contents of the Schedules to the CPO (“the Schedules”) andthe draftOrder Map both substantially in the form annexed to the report for thepurposes of the CPO be approved.

5.That thedraft plans accompanying The Cheshire East Council (A500 Dualling Meremoor Moss Roundabout to M6 Junction 16) (Classified Road) (Side Roads) Order 2022 (“the SROPlans”) substantiallyin theform annexedto the reportfor thepurposes ofthe SRO be approved.

6.That the draft SRO Schedule substantially in the form annexed to the report for the purposes of the SRO be approved.

7.That the Committee be notified of the Statutory Blight regime that required the Council to respond to Statutory Blight Notices pursuant to Part VI, Chapter II of the Town and Country Planning Act 1990 (as amended) (“the Act”) as a consequence of the relevant land becoming blighted by virtue of relevant trigger events as contained within Schedule 13 of the Act.

8.That the Committee be notified of the submission of the Full Business case to the Department for Transport and any material changes to the Scheme funding.

9.That the Director of Highways and Infrastructure in consultation with the Director of Governance and Compliance be authorised to;-

(i)         Make minor modifications to the draft Statement of Reasons, draft CPO and draft Order Map as necessary;

(ii)        Make minor modifications to The Cheshire East Council (A500 Dualling Meremoor Moss Roundabout to M6 Junction 16) (Classified Road) (Side Roads) Order 2022 (“the SROPlans”) as necessary;

(iii)       Determinethe form and contents of the Schedules to the CPO (“the Order Schedules”), which identified the interests in the land and new rights to be acquired pursuant to the CPO, as identified within the OrderMap;

(iv)       Make if necessary, any minor or technical amendment to the CPO and the SRO, prior to the making of the CPO and the SRO;

(v)        In the event that any local Public Inquiry was convenedto consider objectionsto theCPO and/or the SRO (as the case may be) to prepare and submit such evidence as was necessary in support of the CPO and/or the SRO, including enlisting theassistance ofoutside consultantsand Counselto assistin the preparation and presentation of suchevidence.

10.That the Director of Governance be authorised to;

Make the Cheshire East Council (A500 Dualling Meremoor Moss Roundabout to M6 Junction 16)Compulsory Purchase Order 2022 (“the CPO”) pursuant to Sections 239,240, 246, 250 and 260 of the Highways Act 1980, and Section 3, Parts II and III of Schedule 2 and Schedule 3 to the Acquisition of Land Act1981 and all other powers as appropriatefor the purpose of acquiring the land and new rights shown on theOrder Map and described in the Schedules to facilitate theconstruction of the Scheme, and that the Common Seal of the Council beaffixed to the CPO and to the Order Map;

Make the Cheshire East Council (A500 Dualling Meremoor Moss Roundabout to M6 Junction 16) (ClassifiedRoad) (Side Roads) Order 2021 (“the SRO”) under Sections 14 and125 of the Highways Act 1980 and all other necessary powersto improve, stopup existinghighways, stopup and/oramend private means of access and provide replacement private means ofaccess, and construct lengths of new highway as required to deliverthe Scheme, and that the Common Seal of the Council beaffixed to the SRO and the SRO Plans;

Submit the CPO and the SRO to the Secretary of State for Transport for confirmation and to comply with all associated requirements in respect of personal, press andsite notices, and to take all other relevant action thereon to promotethe confirmation of the Orders, including any necessary modification;

In the event that no objections were received to theCPO (or if any objections made were subsequently withdrawn, orthe Director ofGovernance andCompliance certifiedthat theymay be legally disregarded) and no modifications were required to be made to the CPO, to obtain the appropriate Certificate under Section14A of the Acquisition of Land Act 1981 enabling the Council toconfirm the CPO as made;

That as soonas theCPO and the SRO have been confirmed and become operative, to comply with allassociated requirements in respect of personal and press notices and tomake and give notice of a General Vesting Declaration underthe Compulsory Purchase (Vesting Declarations) Act 1981and/or Notices to Treat and Notices of Entry in respect of the land and rights to be acquired compulsorily;

In the event that any questionof compensation in respect of such interests or rights was referredto the Upper Tribunal (Lands Chamber) for determination, to takeall necessary steps in relation thereto including advising on the appropriate usesand compensation payable and issuing the appropriatecertificates and appointing external legal advisors (including Counsel where required) to representthe Council in respect of any such reference;

In respect of Statutory Blight, delegate authority to the Monitoring Officer in consultation with the Finance Sub-Committee Chair and the Executive Director (Corporate Services) (as necessary) to agree appropriate terms in accordance with statutory provisions.

11.Tha the Head of Estates be authorised to;

(i)         Negotiateand agree terms to seek to acquire the land and rights (or extinguish the same) required for the Scheme by agreement and to instruct the Director of Governance and Compliance to negotiateand enter into the legal agreements necessary to facilitate any such agreements;

(ii)        Negotiate and approvethe payment of any relevant and reasonable professional fees incurred by landowners and otherswith compensatable interests in taking professional advice in connection with the acquisition of their interests required for the Scheme andto negotiate, approve and document by way of settlement or otherlegal agreement payment of all related compensation claims inadvancing the development or implementation of the Scheme, including the advance payment of compensation pursuant to Section 52 of the Land Compensation Act 1973 and the settlement of any claims made pursuant to Part 1 of theLand Compensation Act 1973.

Prior to the close of the meeting, the Chair advised that Andrew Ross, Director of Highways & Infrastructure would be retiring in February and therefore this would be his final meeting.  On behalf of the committee, he thanked Mr Ross for his hard work, contributions and support to Members and the Committee.