Agenda item

To consider a report recommending that Cabinet resolves to use compulsory purchase powers to acquire land to facilitate the construction of the North West Crewe Package scheme and associated works to the existing highways network.

Cabinet considered a report recommending that Cabinet resolve to use compulsory purchase powers to acquire land to facilitate the construction of the North West Crewe Package scheme and associated works to the existing highways network.

RESOLVED

That Cabinet

1.    authorises the appointment of external solicitors as the Council’s additional legal support for the delivery of the scheme acting on behalf of the Council and under the direction of the Acting Director of Legal Services;

2.    authorises the Head of Assets to continue negotiations and seek to conclude terms to acquire the land and rights (or extinguish the same) required for the North West Crewe Package Scheme by voluntary agreement and to instruct the Acting Director of Legal Services to draft the necessary documents and to execute such documents including any required for temporary access or use of land, subject to the necessary financial approvals being in place;

3.    authorises 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. Also in advancing the development or implementation of the North West Crewe Package Scheme, subject to the necessary financial approvals being in place;

4.    subject to a positive resolution of the Strategic Planning Board to grant planning permission for the scheme and the necessary financial approvals by the Portfolio Holder for Finance and Communication and the Interim Executive Director of Corporate Services (Section 151 Officer) being in place, authorises the use the powers of compulsory purchase to undertake the acquisition of land and new rights required for the construction of the North West Crewe Package Scheme, issue “requisition for information” notices on occupiers and land owners 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 North West Crewe Package as shown on drawing Nos B1832065-DWG-0100-003 and  B1832065-DWG-0100-004 (“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 North West Crewe Package (“the SRO”);

(c)  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 and statutory undertakers or affected parties or for any connected reasons in order to enable delivery of the North West Crewe Package;

(d)  The Executive Director of 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 Side Roads Order (SRO) and the CPO (“the Orders”) 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, prior to or following the making of the Orders, with the owners of any interest in the land effected by 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 Head of Assets to negotiate and the Director of Legal Services to draft, agree and execute all necessary legal documents to record any such agreements and/or undertakings;

                                     (iii)    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 project team through the process;

(e)  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, subject to the necessary financial approvals being in place.

5.    authorises the Acting Director of Legal Services in consultation with the Executive Director of Place to approve and execute all legal documentation that is considered necessary to give effect to the above.