Agenda item

To consider a report recommending that Cabinet approve the use of compulsory purchase powers to acquire land to facilitate the construction of the Congleton Link Road scheme and associated works.

Cabinet considered a report recommending approval of compulsory purchase powers to acquire land to facilitate the construction of the Congleton Link Road and associated works. The report also sought authority for officers to begin the initial engagement with contractors to understand the most appropriate future delivery strategy for the scheme.

Councillor Liz Durham abstained from voting on this matter as she would be considering the planning application for the scheme as a member of the Strategic Planning Board on 15^th June 2016.

RESOLVED

That Cabinet

1.    Subject to a positive resolution of the Strategic Planning Board to grant planning permission for the scheme, approves the use of the powers of compulsory purchase to undertake the acquisition of land and new rights required for the construction of the Congleton Link Road and authorises:

a)    The making of an order (or orders) under under Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and all other powers as appropriate for the compulsory purchase of land and rights required for the construction of Congleton Link Road as shown on drawing No: B1832001-CPO-LTR-GA-001 (“the CPO”);

b)    The making of a Side Roads Order (or orders) under Sections 8, 14 and 125 of the Highways Act 1980 and all other necessary powers to improve, stop up existing highways, construct lengths of new highway and stop up and provide replacement private means of access as required to deliver the Congleton Link Road  (“the SRO”);

c)   The Executive Director - Place in consultation with the Director of Legal Services to make any amendments necessary to the contemplated orders arising as a result of further design work or negotiations with landowners or affected parties or for any connected reasons in order to enable delivery of the Congleton Link Road;

d)  The Executive Director - Place in consultation with the Director of Legal Services to take all appropriate actions to secure the confirmation of the contemplated orders including:

                    i.    To take all necessary action to secure the making, submission to the Secretary of State for confirmation and (if confirmed) implementation, of the SRO and the CPO including the publication and service of all relevant notices and for the Director of Legal Services to secure the presentation of the Council’s case at any public inquiry and the subsequent service of Notices to Treat and Notices of Entry or, as the case may be the execution of General Vesting Declarations;

                   ii.    To negotiate and enter into agreements and undertakings with the owners of any interest in the CPO and/or the SRO (“the Orders”)  and any objectors to the confirmation of the Orders setting out the terms for the withdrawal of objections to the Orders including where appropriate, the inclusion in and/or exclusion from the CPO of land or new rights or the amendments of the SRO and to authorise the Director of Legal Services to agree, draw up, and to sign all  necessary legal documents to record such agreements and undertakings;

                  iii.    In the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber) to authorise the Director of Legal Services to take all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings;

                  iv.    To authorise the Director of Legal Services to appoint suitable counsel to advise and represent the Council at any Public Inquiry held in respect of the Orders and to provide legal support to the team through the process;

                   v.    To confirm the appointment of Geldards LLP (solicitors)  as the Council’s additional legal support to the delivery of the scheme acting on behalf of the Council and under the direction of the Director of Legal services;

  e) That, in parallel with the preparation and submission for confirmation of the Orders, the Head of Assets initiate negotiations and seek to conclude terms to acquire the land and rights (or extinguish the same) required for the Congleton Link Road by voluntary agreement and to instruct the Director of Legal Services to draw up the necessary documents and to execute such documents as are necessary to complete such acquisitions; and

   f) To authorise the Head of Assets to negotiate and approve the payment of relevant and reasonable professional fees incurred by landowners and others with compensateable interests in taking professional advice in connection with the acquisition of their interests required for the scheme and related compensation claims and also in advancing the development or implementation of the Congleton Link Road.

2.    Approves the continuing project development of the scheme via the Council’s highway contract supplier, Ringway Jacobs, up to and including the presentation of the scheme at a future public inquiry.

3.    Approves that formal pre-engagement discussions with Contractors be undertaken to help inform a future procurement strategy.