Agenda item

The Council had secured £12m from the Housing Infrastructure Fund (HIF) available to March 2023 and managed by Homes England towards the cost of phase one of the relief road, the Princes Risborough Southern Road links (PRSRL), supporting the delivery of the Princes Risborough Expansion Area.  The project required the acquisition of several parcels of land to progress and deliver the proposed scheme.  The scheme had been developed to an agreed preliminary design using the previously approved £2.73M funding agreed by the Shadow Executive in November 2019.

RESOLVED –

(1)               That authority be delegated to the Service Director for Strategic Transport and Infrastructure, in consultation with the Leader and the Section 151 Officer, to:

(i)           Negotiate, agree terms and acquire the land, interests and rights (or extinguish the same) required for the Scheme by agreement and to instruct the Service Director for Legal & Democratic Services to negotiate and enter into all legal agreements necessary to facilitate any such agreements;

(ii)         Make any amendments, deletions or additions to the land identified in this report and the annexed Plan to be subject to a CPO if required to facilitate the delivery of the Princes Risborough Southern Road Links (PRSRL), including as a result of comments received during public consultation.

(2)               That the acquisition of the land holdings in accordance with the terms and price set out in the confidential Appendix C be approved.

(3)               That the making of a Compulsory Purchase Order (“CPO”) under section 226 of the Town and Country Planning Act; to use the power of acquisition by agreement under s.227 TCPA 1990 (as amended) and use of powers in relation to securing new rights over land under s.13 Local Government (Miscellaneous Provisions) Act 1976, in respect of the land and interests within the area shown outlined in red on the plan annexed to the Cabinet report (“the Order Land”) for the purpose of securing delivery of the PRSRL be approved.

(4)               That the making of a a Side Roads Order(s) (“SRO”) under sections 14 and 125 of the Highways Act 1980 and all other necessary powers be approved, to:

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

(ii)         Construct new lengths of highways for purposes connected with the alterations referred to in (a) above and delivery of the PRSRL; and

(iii)       Stop up private means of access and provide replacement or new means of access.

(5)               That authority be delegated to the Service Director for Strategic Transport & Infrastructure, in consultation with the Leader and the Section 151 Officer, to take all necessary steps to implement the CPO and SRO for PRSRL including:

(i)           Making the CPO, including serving and issuing notices and certificates in connection with the making, confirmation and implementation of the CPO;

(ii)         Taking all reasonable steps to promote the CPO and SRO, including promoting the Council’s case at any public inquiry.

(iii)       To negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections to the CPO and SRO on such terms as may be appropriate.

(iv)       Issue notices of entry to survey or value land under the Housing and Planning Act 2016 if required and obtain any warrants from the Magistrates Court for the purpose of such entry if considered necessary;

(v)         Making General Vesting Declarations (“GVD”) under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or serve Notices to Treat and Notices of Entry following confirmation of the CPO if required;

(vi)       Issue and serve any warrants to obtain possession of any land acquired by the Council following execution of a GVD or service of a notice of entry if it is considered appropriate to do so;

(vii)     To retain and/or appoint external professional advisers and consultants to assist in facilitating the making, promotion, confirmation and implementation of the CPO and SRO, the settlement of compensation and any other claims or disputes;

(viii)   To undertake the land referencing of the Order Land including the preparation and service of notices in relation to the Order Land and other land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976;

(ix)        Making and issuing the SRO including the service and publication of all requisite notices and press notices;

(x)          Negotiating and entering into agreements or undertakings with persons with any legal interest in the land relating to the SRO and/or CPO;

(xi)        Making any amendments necessary to the CPO and SRO arising as a result of negotiations with affected persons, further design work or for any connected reasons to enable delivery of the PRSRL;

(xii)      Taking any further or other action necessary to secure the making, confirmation and implementation of the SRO and CPO.

(6)               That authority be delegated to the Service Director for Strategic Transport & Infrastructure, in consultation with the Leader and the Section 151 Officer, to award the construction contract, subject to current forecast budget not being exceeded and full funding being confirmed, in accordance with the Council’s Standing Orders relating to contracts; as well as agreeing appropriate maintenance arrangements.

(7)               That the following be noted:

(i)           The Princes Risborough Southern Road Links scheme as annexed to the Cabinet report.

(ii)         That the Service Director for Strategic Transport and Infrastructure (or such other appropriate officer) will seek to acquire land affected by the scheme through negotiation and agreement.  A Compulsory Purchase Order will be served on those with an interest if agreement cannot be reached. There would be no requirement to hold a CPO inquiry if all interests and objections were settled beforehand.

(iii)       That a pre-planning consultation on the PRSRL preliminary design will be undertaken starting in November 2021.

(iv)       That the PRSRL planning application is expected to be submitted early in 2022.

(v)         That the scheme is being progressed on the basis that the Council recoups the cost of the £12M HIF and the £2.73M of its capital funding from developers.  The remainder of the scheme funding is expected to be met by developers.

Cabinet received a report, as well as confidential appendices (considered in private session) and was informed that the Council had secured £12m from the Housing Infrastructure Fund (HIF) available to March 2023 and managed by Homes England towards the cost of phase one of the relief road, the Princes Risborough Southern Road links (PRSRL), supporting the delivery of the Princes Risborough Expansion Area.  The project required the acquisition of several parcels of land to progress and deliver the proposed scheme.

The scheme had been developed to an agreed preliminary design using the previously approved £2.73m funding agreed by the Shadow Executive in November 2019.  Key features of the scheme included realigning and widening Summerleys Road (to two lanes throughout); constructing a new rail underbridge with increased headroom; providing a new signalised junction and shared cycleway/footway towards the station and constructing a new section of highway to tie into Picts Lane.

A public consultation on the design was planned for 18 November 2021. The project had undergone extensive design engineering to minimise the impact on landowners and residents.  These factors were reflected in the red-line boundary for the scheme that defined the necessary land take.  This included land parcels that were not owned by the Council.

The Council’s aim was to secure the necessary land and access rights by private treaty.  However, to enable the project to proceed to programme and make use of the HIF funding, authority was needed to make and serve a CPO, if negotiation failed.  Authority to make an SRO would enable changes to the highway to be made lawfully.  As such, the report’s recommendations were necessary to enable the project to proceed to the current programme.  Further delays would run the risk of the Council missing the HIF funding deadline, and further increase costs.

RESOLVED –

(1)               That authority be delegated to the Service Director for Strategic Transport and Infrastructure, in consultation with the Leader and the Section 151 Officer, to:

(i)           Negotiate, agree terms and acquire the land, interests and rights (or extinguish the same) required for the Scheme by agreement and to instruct the Service Director for Legal & Democratic Services to negotiate and enter into all legal agreements necessary to facilitate any such agreements;

(ii)         Make any amendments, deletions or additions to the land identified in this report and the annexed Plan to be subject to a CPO if required to facilitate the delivery of the Princes Risborough Southern Road Links (PRSRL), including as a result of comments received during public consultation.

(2)               That the acquisition of the land holdings in accordance with the terms and price set out in the confidential Appendix C be approved.

(3)               That the making of a Compulsory Purchase Order (“CPO”) under section 226 of the Town and Country Planning Act; to use the power of acquisition by agreement under s.227 TCPA 1990 (as amended) and use of powers in relation to securing new rights over land under s.13 Local Government (Miscellaneous Provisions) Act 1976, in respect of the land and interests within the area shown outlined in red on the plan annexed to the Cabinet report (“the Order Land”) for the purpose of securing delivery of the PRSRL be approved.

(4)               That the making of a a Side Roads Order(s) (“SRO”) under sections 14 and 125 of the Highways Act 1980 and all other necessary powers be approved, to:

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

(ii)         Construct new lengths of highways for purposes connected with the alterations referred to in (a) above and delivery of the PRSRL; and

(iii)       Stop up private means of access and provide replacement or new means of access.

(5)               That authority be delegated to the Service Director for Strategic Transport & Infrastructure, in consultation with the Leader and the Section 151 Officer, to take all necessary steps to implement the CPO and SRO for PRSRL including:

(i)           Making the CPO, including serving and issuing notices and certificates in connection with the making, confirmation and implementation of the CPO;

(ii)         Taking all reasonable steps to promote the CPO and SRO, including promoting the Council’s case at any public inquiry.

(iii)       To negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections to the CPO and SRO on such terms as may be appropriate.

(iv)       Issue notices of entry to survey or value land under the Housing and Planning Act 2016 if required and obtain any warrants from the Magistrates Court for the purpose of such entry if considered necessary;

(v)         Making General Vesting Declarations (“GVD”) under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or serve Notices to Treat and Notices of Entry following confirmation of the CPO if required;

(vi)       Issue and serve any warrants to obtain possession of any land acquired by the Council following execution of a GVD or service of a notice of entry if it is considered appropriate to do so;

(vii)     To retain and/or appoint external professional advisers and consultants to assist in facilitating the making, promotion, confirmation and implementation of the CPO and SRO, the settlement of compensation and any other claims or disputes;

(viii)   To undertake the land referencing of the Order Land including the preparation and service of notices in relation to the Order Land and other land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976;

(ix)        Making and issuing the SRO including the service and publication of all requisite notices and press notices;

(x)          Negotiating and entering into agreements or undertakings with persons with any legal interest in the land relating to the SRO and/or CPO;

(xi)        Making any amendments necessary to the CPO and SRO arising as a result of negotiations with affected persons, further design work or for any connected reasons to enable delivery of the PRSRL;

(xii)      Taking any further or other action necessary to secure the making, confirmation and implementation of the SRO and CPO.

(6)               That authority be delegated to the Service Director for Strategic Transport & Infrastructure, in consultation with the Leader and the Section 151 Officer, to award the construction contract, subject to current forecast budget not being exceeded and full funding being confirmed, in accordance with the Council’s Standing Orders relating to contracts; as well as agreeing appropriate maintenance arrangements.

(7)               That the following be noted:

(i)           The Princes Risborough Southern Road Links scheme as annexed to the Cabinet report.

(ii)         That the Service Director for Strategic Transport and Infrastructure (or such other appropriate officer) will seek to acquire land affected by the scheme through negotiation and agreement.  A Compulsory Purchase Order will be served on those with an interest if agreement cannot be reached. There would be no requirement to hold a CPO inquiry if all interests and objections were settled beforehand.

(iii)       That a pre-planning consultation on the PRSRL preliminary design will be undertaken starting in November 2021.

(iv)       That the PRSRL planning application is expected to be submitted early in 2022.

(v)         That the scheme is being progressed on the basis that the Council recoups the cost of the £12M HIF and the £2.73M of its capital funding from developers.  The remainder of the scheme funding is expected to be met by developers.