Issue - meetings

Compulsory Purchase Powers for Acquisition of Land Required for Delivery of Schemes

Meeting: 18/12/2018 - Cabinet (Item 127)

127 Compulsory Purchase Powers for Acquisition of Land Required for Delivery of Schemes pdf icon PDF 150 KB

Cabinet Member: Environment

Forward Plan Ref: 2018/177

Contact: Hugo Terry, Group Manager – Project Sponsorship Tel: 07785 453288

 

Report by Director for Capital Investment & Delivery (CA9).

 

The Council is proposing to deliver a programme of major transport infrastructure projects, to support and enable housing and economic growth in Oxfordshire. The transport network needs to operate safely and be fit for purpose, delivering the Transport Strategy set out within the Council’s Local Transport Plan.

 

In order to progress with the delivery of proposed major transport infrastructure schemes, the use of Compulsory Purchase Powers may have to be used for the acquisition of land required for the construction work.

 

This report details the schemes which may require CPOs in order to proceed, as well as schemes identified as likely to require CPO in future, but are still in early feasibility stages where exact parcels of land have not yet been identified. 

 

The Cabinet is RECOMMENDED to:

 

(a)        Approve delegation of the exercising of Compulsory Purchase Powers to the Director of Capital Investment and Delivery, in consultation with the Cabinet Member responsible for Transport, for the purchase of land required for the delivery of the major infrastructure schemes outlined in paragraphs 7 and 9 of this report, in the event that the land cannot be acquired by negotiation; and

 

(b)        Note that should the whole or any part of lands required are not acquired by negotiation, the making of a Compulsory Purchase Order under provisions contained in Part XII of the Highways Act 1980 for the acquisition of the land, will be progressed. This could include providing the necessary attendance, expert witness provision, etc. at a Public Enquiry if required.

 

Decision:

Recommendations agreed.

Minutes:

The Council is proposing to deliver a programme of major transport infrastructure projects, to support and enable housing and economic growth in Oxfordshire. In order to progress with the delivery of proposed major transport infrastructure schemes, the use of Compulsory Purchase Powers may have to be used for the acquisition of land required for the construction work.

 

Cabinet had before them a report that detailed the schemes which may require CPOs to proceed, as well as schemes identified as likely to require CPO in future, but which are still in early feasibility stages where exact parcels of land have not yet been identified. 

 

Councillor John Sanders, Shadow Cabinet Member for Environment was supportive of the proposals but noted that their use could be controversial and cause a reputational risk to the Council. He therefore expressed concern that the report was not detailed. He asked Cabinet to consider asking officers to come back to Cabinet to identify each site, with Cabinet making the decision unless it was time critical.

 

During discussion Cabinet supported the proposals, and the ability to move quickly where necessary. The decision would aid future negotiation and gave clarity to the Council’s strength of purpose. A Cabinet Member suggested that in the event of a particularly controversial decision it could in any event be brought before Cabinet

 

RESOLVED:             to:

 

(a)        approve delegation of the exercising of Compulsory Purchase Powers to the Director of Capital Investment and Delivery, in consultation with the Cabinet Member responsible for Transport, for the purchase of land required for the delivery of the major infrastructure schemes outlined in paragraphs 7 and 9 of this report, in the event that the land cannot be acquired by negotiation; and

 

(b)        note that should the whole or any part of lands required are not acquired by negotiation, the making of a Compulsory Purchase Order under provisions contained in Part XII of the Highways Act 1980 for the acquisition of the land, will be progressed. This could include providing the necessary attendance, expert witness provision, etc. at a Public Enquiry if required.