Meeting documents

To authorise and note a set of recommendations as set out in the report.

There was a confidential appendix included in the report that had been circulated to Cabinet for consideration.  However it was unanimously agreed that a confidential discussion was not required.

Mr R Smith, Director of Highway Services and Mr T Fitzpatrick, Highways Team Leader presented the report and highlighted the following points:

There was significant congestion in the area and the series of additional link roads would accommodate for existing and developed housing.  HS2 work would cause additional congestion in the area which therefore required the need for the link road to be completed quickly.   A compulsory purchase order was required, as well as a Section 19 Orderand Side Road Order.  It was confirmed that if required a public enquiry would be held.

Mr Whyte enquired as to whether the red line was as tight as possible to the land area that was required.  It appeared there was surplus land included.  Mr Fitzpatrick stated that the aim was to negotiate with all landowners and some of the land would only be required temporarily.  The landscaping plan was not included in the documents but will be clearly set out in the planning application.

Recommendations:

The Cabinet is requested to authorise:

(1) The making of a Side Roads Order(s) ("SRO") under sections 14 and 125 of the Highways Act 1980 and all other necessary powers to:

(a) improve, raise, lower, stop up, divert or otherwise alter existing highways which cross or enter the route of the SEALR or will otherwise be affected by the construction of the SEALR or as required to deliver the SEALR;

(b) construct new lengths of highways for purposes connected with the alterations referred to in (a) above and delivery of the SEALR; and

(c) stop up private means of access and provide replacement or new means of access.

(2) The submission of an application to the Secretary of State for a certificate under section 19 of the Acquisition of Land Act 1981.

(3) The Director of Property and Assets (or such other appropriate officer) to:

(a) Make and issue the SRO and the section 19 application including the service and publication of all requisite notices and press notices;

(b) take all necessary steps to settle any objections made to the SRO, the section 19 application and the compulsory purchase order ("CPO) to be made to secure delivery of the SEALR including amendments to the SRO, the section 19 application;

(c) negotiate and enter into agreements or undertakings with persons with any legal interest in the land relating to the SRO and/or the CPO;

(d) make any amendments necessary to the SRO and/or the CPO arising as a result of negotiations with affected persons, further design work, section 19 application or for any connected reasons to enable delivery of the SEALR;

(e) take all necessary steps to secure settlement of compensation arising from implementation of the SRO and/or the CPO including referral to the Upper Tribunal (Lands Chamber ); and,

(f) take any further or other action necessary to secure the making, confirmation and implementation of the SRO and/or the CPO, and or/ the section 19 application.

The Cabinet is asked to note:

(4) The updated land budget for the acquisition of land required for the scheme

(5) That the Director of Property and Assets (or such other appropriate officer) will be serving a Compulsory Purchase Order on all those with an interest in the land affected by the scheme and will continue to negotiate to acquire those interests by agreement. There would be no requirement to hold a CPO inquiry if all interests and objections are settled beforehand.

(6) The SEALR planning application will be submitted by the end of 2019/ early 2020.

RESOLVED:  Cabinet AGREED the recommendations as laid out in the report and NOTED the points for information.