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

Meeting: 23/04/2019 - Cabinet (Item 37)

37 Compulsory Purchase Powers for Acquisition of Land Required for Delivery of Schemes pdf icon PDF 148 KB

Cabinet Member: Environment

Forward Plan Ref: 2019/021

Contact: Eric Owens, Assistant Director for Growth & Place Tel: 07799 097637

 

Report by Director of Planning & Place (CA9).

 

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, maintenance and operation of new transport infrastructure.

 

Cabinet is requested to approve delegation to the Director of Planning and Place, in consultation with the Cabinet Member responsible for Transport, to exercise Compulsory Purchase Powers for the purchase of land required for schemes detailed in this report, in the event that the land cannot be purchased through negotiation with landowners.

 

The Cabinet is RECOMMENDED to:

 

(a)           Approve delegation of the exercising of Compulsory Purchase Powers to the Director of Planning and Place, 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 8 and 10 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 as amended in the addenda and set out below.

 

Cabinet agreed to:

 

(a)  Approve delegation of the exercising of Compulsory Purchase Powers to the Strategic Director of Communities, in consultation with the Cabinet Member for Environment with the responsibility for Highways and the Leader of the Council, for the purchase of land required for the delivery of the major infrastructure schemes outlined in paragraph 10 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.

Minutes:

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, maintenance and operation of new transport infrastructure.

 

Cabinet considered a report seeking approval to delegate to the Strategic Director of Communities, in consultation with the Cabinet Member for Environment with the responsibility for Highways and the Leader of the Council  to exercise Compulsory Purchase Powers for the purchase of land required for schemes detailed in the report, in the event that the land cannot be purchased through negotiation with landowners. Cabinet noted the minor changes to delegations and amended recommendations set out in full in the addenda.

 

Cabinet noted that the first four schemes listed were related to the successful 218m HIF bid.

 

RESOLVED:             to:

 

(a)     approve delegation of the exercising of Compulsory Purchase Powers to the Strategic Director of Communities, in consultation with the Cabinet Member for Environment with the responsibility for Highways and the Leader of the Council, for the purchase of land required for the delivery of the major infrastructure schemes outlined in paragraph 10 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.