Agenda item

To consider a report on the North West Crewe Package-Approval to Authorise the Use of Compulsory Purchase Powers for the Delivery of the North West Crewe Package Scheme.

Cabinet considered a report seeking approval for the use of compulsory purchase powers for the delivery of the North West Crewe Package scheme.

RESOLVED

That Cabinet

1.    confirms that the acquisition of the land identified on the Order Map attached to the report is necessary for highway purposes;

2.    approves the draft Statement of Reasons and the draft Order Map (with schedules) both substantially in the form annexed to the report for the purposes of the Compulsory Purchase Order but delegates to the Director – Infrastructure and Highways in consultation with the Director of Governance & Compliance, authority to modify them as necessary;

3.    approves the draft SRO’s Plan substantially in the form annexed to the report for the purposes of the Side Roads Order and delegates to the Director – Infrastructure and Highways in consultation with the Director of Governance & Compliance, authority to modify them as necessary;

4.    authorises the Director – Infrastructure and Highways in consultation with the Director of Governance & Compliance to determine the form and contents of the Schedules (“the Schedules”) necessary as part of the CPO to identify the land contained within the Order Map;

5.    authorises the Director of Governance & Compliance to make The Cheshire East Council (North West Crewe Package) Compulsory Purchase Order 2020 (“the CPO”) pursuant to Section(s) 239, 240, 246, 250 and 260 of the Highways Act 1980 and Schedule 3 to the Acquisition of Land Act 1981 for the purpose of acquiring the land and interests shown on the Order Map and described in the Schedules (or such lesser area of land should this in her opinion be appropriate) to facilitate the construction of the Scheme, and that the Common Seal of the Council be affixed to the CPO and to the Order Map;

6.    authorises the Director of Governance & Compliance to make The Cheshire East Council (A530 Middlewich Road Classified Road) (Side Roads) Order 2020, The Cheshire East Council (B5076 Flowers Lane Classified Road) (Side Roads) Order 2020, The Cheshire East Council (B5076 Flowers Lane Classified Road Fairfield Roundabout A) (Side Roads) Order 2020 and The Cheshire East Council (B5076 Flowers Lane Classified Road Fairfield Roundabout  B) (Side Roads) Order 2020, under Sections 8, 14 and 125 of the Highways Act 1980 and all other necessary powers to improve, stop up existing highways, stop up and/or amend private means of access and provide replacement private means of access, and construct lengths of new highway as required to deliver the Scheme;

7.    authorises the Director of Governance & Compliance to advertise the making of the CPO and the SROs (“the Orders”) to comply with all associated requirements in respect of personal, press and site notices, and to take all other relevant action thereon to promote the making and the confirmation of the Orders;

8.    agrees that in the event that no objections are received to the CPO or if all objections are subsequently withdrawn, or the Director of Governance & Compliance certifies that they may be legally disregarded, to authorise the Director of Governance & Compliance to obtain the appropriate Certificate under Section 14A of the Acquisition of Land Act 1981 enabling the Council to confirm the CPO as made;

9.    agrees that in the event that relevant objections are received to the Orders (or any of them) and are not withdrawn, or that modifications are made to the Orders, to authorise the Director of Governance & Compliance to submit the Orders to the Secretary of State with a request that it be confirmed in the required form;

10.agrees that in the event that any Public Inquiry is convened to consider objections to the Orders (or any of them), authorise the Director – Infrastructure and Highways in consultation with the Director of Governance & Compliance to prepare and submit such evidence as is necessary in support of the Orders including enlisting the assistance of outside consultants and Counsel to assist in the preparation and presentation of such evidence;

11.agrees that as soon as the Orders (or any of them) have been confirmed and become operative, the Director of Governance & Compliance is authorised to comply with all associated requirements in respect of personal and press notices and to make and give notice of a General Vesting Declaration under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or Notices to Treat and Notices of Entry in respect of the land and rights to be acquired compulsorily;

12.delegates power to the Head of Estates to negotiate and 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 negotiate and enter into all legal agreements necessary to facilitate any such agreements;

13.delegates power to the Head of Estates to negotiate and approve the payment of relevant and reasonable professional fees incurred by landowners and others with compensatable interests in taking professional advice in connection with the acquisition of their interests required for the Scheme and to negotiate, approve and document by way of settlement or other legal agreement payment of all related compensation claims in advancing the development or implementation of the Scheme, including the settlement of any claims made pursuant to Part 1 of the Land Compensation Act 1973; and

14.agrees that in the event that any question of compensation in respect of such interests or rights is referred to the Upper Tribunal (Lands Chamber) for determination, to authorise the Director of Governance & Compliance to take all necessary steps in relation thereto including advising on the appropriate uses and compensation payable and issuing the appropriate certificates.