Decision Maker: Head of Estates
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Highways and Transport Committee, at its meeting on 9 December 2021 authorised the Head of Estates to (inter alia):
1) 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 the legal agreements necessary to facilitate any such agreements.
2) Negotiate and approve the payment of any 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 advance payment of compensation pursuant to Section 52 of the Land Compensation Act 1973 and the settlement of any claims made pursuant to Part 1 of the Land Compensation Act 1973.
To seek approval for the Director of Governance & Compliance to:-
1) purchase the land known as Land at Kinderton Lodge Farm, Middlewich (as shaded pink on Plan 1); and
2) authorise the Council to enter into a Contracted-Out Lease for working areas on adjoining land (as shaded green on Plan 1); and
3) authorise the Council to enter into a Deed of easement for ecology mitigation works on adjoining land (as blue green on Plan 1); and
4) enter into any ancillary agreements in connection with the acquisition or use of land in advance of a compulsory purchase order and pay all sums due in respect of compensatable interests to the landowner and the reasonable and proper professional fees applicable to the acquisition, on terms and conditions to be agreed by the Head of Estates and the Director of Governance & Compliance.
In relation to the environmental mitigation land:-
1) to authorise the Director of Highways to enter into an agreement under Section 253 Highways Act 1980 that provides for the management of the ecological mitigation areas on further adjoining land. (as shaded yellow on Plan 1).
Publication date: 09/02/2024
Date of decision: 05/02/2024
Effective from: 17/02/2024