Agenda item

To consider a report which seeks approval to proceed with the use of compulsory purchase powers in connection with the Middlewich Eastern Bypass.

Cabinet considered a report which sought approval to proceed with the use of compulsory purchase powers in connection with the Middlewich Eastern Bypass.

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 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 and Compliance, authority to modify them as necessary;

3.    approves the draft SRO Plans 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 and Compliance, authority to modify them as necessary;

4.    authorises the Director – Infrastructure and Highways, in consultation with the Director of Governance and 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 and Compliance to make The Cheshire East Council (Middlewich Eastern Bypass) Compulsory Purchase Order 2020 (“the CPO”) pursuant to Section(s) 239, 240, 246, 250 and 260 of the Highways Act 1980, Schedule 3 to the Acquisition of Land Act 1981 and all other powers as appropriate 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 his 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 and Compliance to make The Cheshire East Borough Council and Cheshire West and Chester Borough Council (Middlewich Eastern Bypass) (Classified Road) (Side Roads) Order 2020 (“the SRO”) 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 – 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;

8.    authorises the Director of Governance and Compliance to advertise the making of the CPO and the SRO (“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 confirmation of the Orders;

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    agrees that in the event that no objections are received to the CPO, or if any objections made are subsequently withdrawn, or the Director of Governance and Compliance certifies that they may be legally disregarded, the Director of Governance and Compliance be authorised to obtain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

10. 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, the Director of Governance and Compliance be authorised to submit the Orders to the Secretary of State with a request that they be confirmed in the required form;

11. agrees that in the event that any Public Inquiry is convened to consider objections to the Orders (or any of them), the Director – Infrastructure and Highways be authorised, in consultation with the Director of Governance and 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;

12. agrees that as soon as the Orders (or any of them) have been confirmed and become operative, the Director of Governance and Compliance be 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 those properties to be acquired compulsorily;

13. authorises the Head of Estates to negotiate terms and to acquire land and rights 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 complete such acquisitions including, but not limited to, licences, transfers, easements, deeds of release, land management agreements, settlement agreements and agreements entered into pursuant to Section 253 of the Highways Act 1980 for  the purpose of mitigating any adverse effect which the construction, improvement, existence or use of the highway has or will have on the surrounding of the highway;

14. authorises the Head of Estates to negotiate and approve the payment of any compensation and any 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 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;

15. 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, the Director of Governance and Compliance be authorised to take all necessary steps in relation thereto including settlement of such proceedings if appropriate, advising on the appropriate uses and compensation payable and issuing the appropriate certificates and appointing Counsel (where required) to represent the Council in respect of any such reference; and

16. authorises the Council to enter into an agreement with Cheshire West and Chester Council pursuant to section 8 of the Highways Act 1980 facilitating the transfer of functions of Cheshire West and Chester Council’s highway powers and duties in relation to that land which falls within the administrative boundary of Cheshire West and Chester Council and as is required for delivery of the Scheme.