Agenda item

To consider a report recommending the use of compulsory purchase powers to acquire land for the construction of the Poynton Relief Road.

Cabinet considered a report proposing the use of compulsory purchase powers to acquire land for the construction of the Poynton Relief Road.

The report also recommended that an early agreement with Adlington Golf Centre be progressed to remove a key risk to the scheme.

RESOLVED

That Cabinet

1.    approves the use of the powers of compulsory purchase to undertake the acquisition of land and new rights required for the construction of the Poynton Relief Road and to authorise:

(a)             The making of an order (or orders) 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 the Poynton Relief Road as shown on drawings B1832054/CPO-PRR/001 to 004 inclusive (“the CPO”);

(b)             The making of a side roads order (or orders) under Section 8, 14 and 125 of the Highways Act 1980 and all other necessary powers to improve or stop up existing highways, construct lengths of new highway and stop up and provide replacement private means of access as required to deliver the Poynton Relief Road (“the SRO”);

(c)             The Executive Director of Legal Services in consultation with the Director of Place to conclude an agreement under section 8 of the Highways Act 1980 with Stockport Borough Council to exercise their functions in relation to the promotion and progression of the orders and these authorisations shall apply to both the exercise of the functions of Cheshire East and those of Stockport pursuant to the “section 8 agreement”;

(d)             The Executive Director of Legal Services in consultation with the Director of Place to determine whether the acquisition of the land for the provision of replacement land for the golf course land to be acquired at Adlington Golf Centre and identified on drawing number B1832054/CPO-PRR/005 should be undertaken under the powers identified at (a) above or under other appropriate powers and pursuant to a separate compulsory purchase order and should that be the case then paragraphs (e) – (j) below shall apply to such order;

(e)             The Executive Director of 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 Poynton Relief Road;

(f)              The Executive Director of Place with the approval of the Director of Legal Services to secure the confirmation of the contemplated orders including:

i)   To take all necessary actions 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 to Enter or, as the case may be, the execution of General Vesting Declarations; and

ii)  The negotiation and the entering into of agreements and undertakings with the owners of any interest in the order lands and with any objectors to the confirmation of the CPO and/or SRO setting out the terms for the withdrawal of objections including, where appropriate, the inclusion in and/or exclusion from the CPO of land or new rights or the amendments to the SRO;

(g)             The Executive Director of Place in consultation with the Director of Legal Services to agree compensation for the acquisition of land and rights acquired compulsorily and 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;

(h)             That, in parallel with the preparation and submission for the confirmation of the Orders, the Head of Assets to initiate negotiations and seek to conclude terms to acquire the land and rights (or extinguish the same) required for the Poynton Relief Road by voluntary agreement and to instruct the Director of Legal Services to carry out such steps and enter into all necessary agreements to complete such acquisitions;

(i)               The appointment of CBRE (CPO Specialists) as the Council`s additional support to the delivery of the scheme acting on behalf of the Council and under the Instruction of the Director of Legal Services; and

(j)               The Director of Legal Services (in consultation with the Executive Director of Place) to approve and execute all legal documentation he considers necessary to give effect to the above.

2.    approves that a contract be entered into with Adlington Golf Centre to relocate the existing 9 hole Graduate Golf Course prior to the delivery of the PRR in return for the provision of the necessary land required for the delivery of the Poynton Relief Road; and that the terms of this contract be delegated to the Head of Assets in consultation with the Portfolio Holder for Infrastructure and Highways;

3.    approves that Advance Utility Diversion works be undertaken to facilitate the relocation of the Golf Course and that the terms of this agreement be delegated to the Head of Assets in consultation with the Portfolio Holder for Infrastructure and Highways;

4.    approves that the Head of Assets conclude terms to acquire the land and rights required for the early delivery of the A6MARR roundabout spur by voluntary agreement and to instruct the Director of Legal Services to carry out such steps and enter into all necessary agreements to complete such acquisitions to purchase land at the junction with A6MARR in advance to allow this junction to be built as part of the A6MARR works; and

5.    notes that the development of the scheme will continue through the Council`s highway contract supplier, Ringway Jacobs, up to and including the presentation of the proposal at a future public inquiry.