Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Cabinet considered a report which sought approval for the use of powers of compulsory purchase to undertake the acquisition of land and new rights required for the construction of the Middlewich Eastern Bypass.
RESOLVED: That Cabinet
1 authorise 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 to the Report).
2 authorise 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 authorise the Executive Director Place, in consultation with the Director of Governance and Compliance 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 Scheme;
4 authorise the Executive Director Place, in consultation with the Director of Governance and Compliance Services, to take all appropriate actions to secure the confirmation of the contemplated orders including:
i. authority 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 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;
ii. authority to negotiate and enter into agreements and undertakings with the owners of any interest in the required land under 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 Side Roads Order 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;
iii. authorise in the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber) the Director of Governance and Compliance Services to take all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings;
iv. authorise the Director of Governance and Compliance 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;
5. authorise 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 Services to negotiate and enter into the agreements necessary to complete such acquisitions.
6. authorise the Head of Estates 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 Scheme.
Publication date: 11/07/2019
Date of decision: 09/07/2019
Decided at meeting: 09/07/2019 - Cabinet
Effective from: 19/07/2019