Agenda item

Housing Infrastructure Fund 2 - In Principle Use of Statutory Powers

Cabinet Member: Highway Management

Forward Plan Ref: 2021/053

Contact: Tom Shuttleworth, A40 Programme Lead Tel: 07908 059132

 

Report by Director of Growth & Economy (CA15).

 

In November 2019, it was announced that Oxfordshire County Council’s Housing Infrastructure Fund bid had been successful in securing £102m of grant funding towards a package of transport improvements proposed along 10.8km of the A40 corridor between Witney and Duke’s Cut (North Oxford), known as A40 HIF2 Smart Corridor (HIF2). The contract with Homes England in the form of a Grant Determination Agreement (GDA) was subsequently entered in to in August 2020.

 

The primary focus of HIF2 is the provision of additional highway capacity and connectivity to encourage/facilitate modal shift, enabling more sustainable forms of travel to meet the Council’s zero carbon transport network ambitions focussing this around public transport and active travel. Delivery is also intended to expedite a significant level of economic benefits in terms of new homes and retained and new employment opportunities within West Oxfordshire.

 

Land assembly is a key driver to project delivery and hence the report outlines the in principle use of various statutory powers to mitigate this risk to the Council, as far as is reasonably practicable.

 

Following a review of the scheme and further negotiations with Homes England there is agreement to extend the HIF funding allocation to cover all current scheme costs, subject to an amended GDA to the value of £106.756m, through to February 2025.

 

The Cabinet is RECOMMENDED to:

 

(a)       approve in principle the development of The Oxfordshire County Council (A40 HIF2 Smart Corridor) Compulsory Purchase Order 202[x] in parallel with negotiations for private acquisition, with such powers of compulsory purchase used only as a matter of last resort, in order to bring forward the timely development of the A40 HIF2 Project. Formal authority for the making of The Oxfordshire County Council (A40 HIF2 Smart Corridor) Compulsory Purchase Order 202[x] will be reported to Cabinet, and necessary approval sought, following public engagement on preferred options and submission of a planning application for the scheme;

(b)       approve the preparation and service of statutory notices for the Requisition of Information pursuant to Section 16 Local Government (Miscellaneous Provisions) Act 1976 (as amended) to assist with determining the interests in the land required for the delivery of the scheme;

(c)       approve the preparation of The Oxfordshire County Council (A40 HIF2 Smart Corridor)Compulsory Purchase Order 202[x] in draft , together with a draft Order Map, draft Order Schedule, draft Statement of Reasons and all necessary land referencing activity in advance of seeking formal authority to make the Order;

(d)       approve the preparation of The Oxfordshire County Council (HIF2 Smart Corridor – A40 Classified Road) Side Roads Order 202[x](or multiple Side Roads Orders as may be necessary) to enable the stopping-up, diversion, alteration, improvement and creation of new lengths of highway or reclassification of existing highways. This includes the stopping up of private means of access as necessary where the scheme design necessitates. Formal approval for the making of Side Roads Order(s) will be reported to Cabinet, and necessary approval sought, following public engagement on preferred options and submission of a planning application for the scheme;

(e)       subject to the confirmation that the required due diligence has been completed to manage programme and financial risk to the Council, authorise the Corporate Director Environment and Place, in consultation with the Director of Law & Governance, Director of Finance, Cabinet Member for Travel and Development Strategy and Cabinet Member for Finance to approve the amended Grant Determination Agreement (GDA);

(f)         subject to the satisfactory completion of recommendation (e) approve the additional £4.745m Housing Infrastructure Fund grant for an overall budget provision of £106.756m for the A40 HIF2 Smart Corridor project within the capital programme, subject to the implementation of the Grant Determination Agreement with Homes England.

 

Minutes:

Cabinet had before it a series of recommendations related to the provision of additional highway capacity and connectivity to encourage/facilitate modal shift, enabling more sustainable forms of travel to meet the Council’s zero carbon transport network ambitions focussing this around public transport and active travel.

 

Councillor Duncan Enright, Cabinet Member for Travel and Development Strategy, noted that this was similar in nature to the previous technical proposal but related to development of the A40 and the provision of cycling and bus lanes.

 

Councillor Tim Bearder stressed that officers were looking at future-proofing the designs to allow for the provision of rail services to Witney and Carterton.  This needed to be done without delaying development as that could cost millions of pounds.

 

RESOLVED to:

 

(a)         approve in principle the development of The Oxfordshire County Council (A40 HIF2 Smart Corridor) Compulsory Purchase Order 202[x] in parallel with negotiations for private acquisition, with such powers of compulsory purchase used only as a matter of last resort, in order to bring forward the timely development of the A40 HIF2 Project. Formal authority for the making of The Oxfordshire County Council (A40 HIF2 Smart Corridor) Compulsory Purchase Order 202[x] will be reported to Cabinet, and necessary approval sought, following public engagement on preferred options and submission of a planning application for the scheme;

(b)         approve the preparation and service of statutory notices for the Requisition of Information pursuant to Section 16 Local Government (Miscellaneous Provisions) Act 1976 (as amended) to assist with determining the interests in the land required for the delivery of the scheme;

(c)         approve the preparation of The Oxfordshire County Council (A40 HIF2 Smart Corridor)Compulsory Purchase Order 202[x] in draft , together with a draft Order Map, draft Order Schedule, draft Statement of Reasons and all necessary land referencing activity in advance of seeking formal authority to make the Order;

(d)         approve the preparation of The Oxfordshire County Council (HIF2 Smart Corridor – A40 Classified Road) Side Roads Order 202[x](or multiple Side Roads Orders as may be necessary) to enable the stopping-up, diversion, alteration, improvement and creation of new lengths of highway or reclassification of existing highways. This includes the stopping up of private means of access as necessary where the scheme design necessitates. Formal approval for the making of Side Roads Order(s) will be reported to Cabinet, and necessary approval sought, following public engagement on preferred options and submission of a planning application for the scheme;

(e)         subject to the confirmation that the required due diligence has been completed to manage programme and financial risk to the Council, authorise the Corporate Director Environment and Place, in consultation with the Director of Law & Governance, Director of Finance, Cabinet Member for Travel and Development Strategy and Cabinet Member for Finance to approve the amended Grant Determination Agreement (GDA);

(f)           subject to the satisfactory completion of recommendation (e) approve the additional £4.745m Housing Infrastructure Fund grant for an overall budget provision of £106.756m for the A40 HIF2 Smart Corridor project within the capital programme, subject to the implementation of the Grant Determination Agreement with Homes England.

 

Supporting documents: