Decision details

Consideration was given to a report seeking authority to pursue a Compulsory Purchase Order under the Town and Country Planning Act 1990, in order to acquire land to the south west of Weston Road in Crewe as part of the Crewe Railway Exchange Scheme on the plan submitted with the report including the area of land to the northwest of the site shown edged green.

RESOLVED

1     That, taking into account the human rights and equality factors set out in this report, approval be granted to the use of compulsory purchase powers under section 226(1)(a) of the Town and Country Planning Act 1990 to undertake the acquisition of the current highway land and subsoil under that highway and any rights that may exist in relation to that land as shown edged in purple on the plan attached to this Report and with approval from National Rail part or the whole of the adjoining premises (Weston House) shown edged green on the plan submitted with the report.

2.    That the Interim Chief Executive (or his identified nominee) be authorised;

i) to take all necessary steps to secure the making and confirmation of the CPO (including delegated authority to make minor changes to the CPO), and to decide to include part or the whole of Weston House in the CPO if National Rail consent to this, including the publication and service of all relevant notices and the presentation of the Council’s case at any public inquiry;

ii) to approve and enter into agreements for the acquisition of legal interests in the CPO Land and undertakings with any objectors to the CPO setting out the terms for the withdrawal of objections to the CPO;

iii) to, if appropriate, refer compensation claims to the Upper Tribunal (Lands Chamber) and to take all necessary steps in relation thereto including approving any compensation settlement by agreement;

iv) to take all necessary steps to secure title and possession of the CPO land including payments of compensation into court; and

v) in consultation with the Portfolio Holders for Prosperity and Economic Regeneration and Environment, to take all necessary steps to implement the confirmed CPO including through the service of notices to treat and notices of entry and/or through the making and serving of a general vesting declaration; and

vi) to appropriate for planning purposes all the land currently in the Council's ownership (shown edged red on the location plan) pursuant to section 122 of the Local Government Act 1972 and section 237 of the Town and Country Planning Act 1990; and

vii) to explore the potential to insure against the risk of the CPO Land not being capable of being vested in the Council either due to the failure of the CPO process, or due to a third party claiming ownership of the CPO Land or part of it with cover including actual loss of the monies expended in relation to the CRE project and works undertaken and if insurance is necessary and a policy acceptable to the Interim Chief Executive.