Agenda item

To consider a report on the A500 - Approval to Proceed with Compulsory Purchase Order Powers to Acquire Revised Land Take for the Scheme.

Cabinet considered a report seeking approval for the use of compulsory purchase powers for the acquisition of land and new rights required for the construction of the A500 dualling scheme.

RESOLVED

That Cabinet

1.    authorises 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 Scheme as shown on the CPO Plan (Appendix A);

2.    authorises 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 Scheme;

3.    authorises the Director – Infrastructure and Highways in consultation with the Director of Governance and Compliance to make any amendments necessary to the contemplated CPO and/or SRO (“the 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 Scheme;

4.    authorises the Director of Infrastructure and Highways in consultation with the Director of Governance and Compliance to take all appropriate actions to secure the confirmation of the contemplated orders including:

(a)  authority to take all necessary action to secure the making, submission to the Secretary of State for confirmation and (if confirmed) implementation, of the Orders including the publication and service of all relevant notices and the finalisation of the Statement of Reasons and for the Director of Governance and Compliance 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;

(b)  authority to negotiate and enter into agreements and undertakings with the owners of any interest in the required land under 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 Governance and Compliance to agree, draw up, and to sign all  necessary legal documents to record such agreements and undertakings;

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

(d)  to authorise the Director of Governance and Compliance 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; and

5.    authorises the Head of Estates 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 the agreements necessary to complete such acquisitions; and

6.    authorises the Head of Estates to negotiate and approve the payment of relevant and reasonable professional fees incurred by landowners and others with compensate able 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 Scheme.