Agenda item

Cabinet Member: Travel & Development Strategy

Forward Plan Ref: 2021/131

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

Annex A is included in this agenda reports pack.

Annex B is published as a separate pack “Supplementary Documents” due to their number and size.

Report by Corporate Director Environment & Place (CA8).

To seek approval of the Statement and Orders Plans and approval to make the Compulsory Purchase and Side Road Orders.

The Cabinet is RECOMMENDED to:

a)            Confirm that the acquisition of the land identified on the map attached to this report (Annex B) (“the Order Map”) being the map accompanying The Oxfordshire County Council (Highways Infrastructure - A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) Compulsory Purchase Order 2022 (“the CPO”) is necessary for highway purposes;

b)           Approve the Joint Statement of Reasons (Annex A) for the CPO and The Oxfordshire County Council (Highways Infrastructure – A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) (Side Roads) Order 2022 (“the SRO”), together with approving the CPO, the Order Map, the SRO and the plans accompanying the SRO (“SRO Plans”) all substantially in the form annexed to this report but to delegate to the Corporate Director Environment & Place following consultation with the Monitoring Officer, authority to modify them as necessary;

c)            Authorise the Monitoring Officer to make The Oxfordshire County Council (Highways Infrastructure – A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) (Side Roads) Order 2022 (“the SRO”) to enable the stopping-up, diversion, alteration, improvement and creation of new lengths of highway or reclassification of existing highways, and giving authority to the acquisition of necessary land pursuant to the CPO. The SRO also enables the stopping up of private means of access as necessary where the scheme design necessitates and re-provision of private means of access.

d)           Authorise the Monitoring Officer to make The Oxfordshire County Council (Highways Infrastructure - A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) Compulsory Purchase Order 2022 pursuant to Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 (as amended) and Schedule 3 to the Acquisition of Land Act 1981 for the purpose of acquiring the land and interests shown on the Order Map and described in the Schedules to the CPO (or such lesser area of land should this in his opinion be appropriate) to facilitate the construction of new highway on such land and that the Common Seal of the Council be affixed to the CPO and to the Order Map;

e)            Authorise the Monitoring Officer to advertise the making of the CPO and the SRO and to submit the CPO and SRO to the Secretary of State for Transport for confirmation, together with authorising the Monitoring Officer to take all other relevant action thereon to promote the confirmation of the CPO and the SRO;

f)             In the event that any Public Inquiry is convened to consider objections to the CPO and/or SRO and/or planning application (by way of a call-in decision), to authorise the Monitoring Officer, in consultation with the Corporate Director Environment & Place to prepare and submit such evidence as is necessary in support of the CPO and/or SRO and/or planning application, including enlisting the assistance of outside consultants, legal advisors and Counsel to assist in the preparation and presentation of such evidence.

g)           As soon as the CPO and the SRO have been confirmed and become operative, to authorise the Monitoring Officer to comply with all associated requirements in respect of personal, site and press notices of confirmation and to make, seal and give notice of a General Vesting Declaration (or declarations where more than one is required) under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or to serve Notices to Treat and Notice of Entry in respect of those properties to be acquired compulsorily;

h)           Authorise the Corporate Director Environment & Place in consultation with the Monitoring Officer to negotiate terms with interested parties for the purchase by agreement or payment of compensation in accordance with the Compensation Code in respect of any interests or rights in or over any land included in the CPO and, where appropriate, to agree terms for relocation;

i)             Authorise the Director of Property in consultation with the Monitoring Officer to complete the acquisition of such interests or rights and their transfer to the Council;

j)             In the event that compensation for the acquisition of land and/or rights cannot be agreed between the relevant parties, to authorise the Monitoring Officer to make a reference to the Upper Tribunal (Lands Chamber) for determination of such compensation together with such other questions as may be necessary to determine, including the engagement of appropriate external legal advisors and surveyors and other experts, as required;

k)            In the event that any question of compensation in relation to the acquisition of land and/or rights is made by way of a reference to the Upper Tribunal (Lands Chamber) (whether by the claimant or the Council) to authorise the Monitoring Officer to take all necessary steps in relation thereto, including advising on the appropriate uses and compensation payable and issuing the appropriate certificates.

Cabinet considered a report seeking approval of the Statement and Orders Plans and approval to make the Compulsory Purchase and Side Road Orders.  Before discussing the report, Cabinet heard from a number of speakers.

Councillor Dan Levy, Eynsham, shared the concerns of local residents that this scheme was more about providing for more development around Eynsham and was probably not going to improve bus reliability but may increase traffic by providing a dual carriageway.  This would not help with climate change.  The plans involved a lot of new junctions and roundabouts that would provide difficulties for cyclists and pedestrians and may also encourage rat-running.  Eynsham roundabout in particular was badly designed.

Councillor Levy accepted it was an inherited project and officers had greatly improved it but there was still a long way to go.  Residents of Eynsham and Cassington would bear the brunt of the construction work and see fewest benefits from the scheme.  He asked that the cycle lane be kept open during works with a good surface.

Councillor Ian Middleton, Kidlington South, agreed with the points made by the previous speaker.  He believed that the scheme would do little to ease congestion but just attract more traffic as had been the case with development of the A34.  He hoped that the new Park & Ride at Eynsham would have more provision for cyclists and electric vehicles.

Councillor Middleton asked that dialogue continue on making improvements to the scheme and on ensuring that temporary facilities for Active Travel during construction were better than those provided at the Oxford North development.

Councillor Duncan Enright, Cabinet Member for Travel and Development Strategy, thanked the speakers and agreed that the scheme would be quite different if the current administration had been responsible for the design.  He emphasised though that there were benefits for residents of areas out beyond Eynsham in terms of improved bus service because the stretch from Eynsham to Oxford provided a bus lane and did not increase the space for cars.

The scheme, he added, should be seen in conjunction with other improvements such as increased capacity on the North Cotswold railway line, development of Oxford Railway Station to increase its capacity and possibly re-opening the Witney branch.

Councillor Enright stated that this provided an opportunity to make the proposed Park & Ride a transport interchange improving connectivity for residents of villages in the area.  He took on board the points made regarding roundabouts, rat-running and temporary cycle lanes.

He also noted that this project did not take account of the Salt Cross development but transport aspects of that development would clearly need to take account of this scheme.  The application for planning permission had already been made and this proposal was about the next step and the provision of CPOs if needed.

The Chair put the recommendations and they were agreed.

RESOLVED to:

a)            Confirm that the acquisition of the land identified on the map attached to this report (Annex B) (“the Order Map”) being the map accompanying The Oxfordshire County Council (Highways Infrastructure - A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) Compulsory Purchase Order 2022 (“the CPO”) is necessary for highway purposes;

b)           Approve the Joint Statement of Reasons (Annex A) for the CPO and The Oxfordshire County Council (Highways Infrastructure – A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) (Side Roads) Order 2022 (“the SRO”), together with approving the CPO, the Order Map, the SRO and the plans accompanying the SRO (“SRO Plans”) all substantially in the form annexed to this report but to delegate to the Corporate Director Environment & Place following consultation with the Monitoring Officer, authority to modify them as necessary;

c)            Authorise the Monitoring Officer to make The Oxfordshire County Council (Highways Infrastructure – A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) (Side Roads) Order 2022 (“the SRO”) to enable the stopping-up, diversion, alteration, improvement and creation of new lengths of highway or reclassification of existing highways, and giving authority to the acquisition of necessary land pursuant to the CPO. The SRO also enables the stopping up of private means of access as necessary where the scheme design necessitates and re-provision of private means of access.

d)           Authorise the Monitoring Officer to make The Oxfordshire County Council (Highways Infrastructure - A40 HIF2 Smart Corridor (Hill Farm to Dukes Cut)) Compulsory Purchase Order 2022 pursuant to Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 (as amended) and Schedule 3 to the Acquisition of Land Act 1981 for the purpose of acquiring the land and interests shown on the Order Map and described in the Schedules to the CPO (or such lesser area of land should this in his opinion be appropriate) to facilitate the construction of new highway on such land and that the Common Seal of the Council be affixed to the CPO and to the Order Map;

e)            Authorise the Monitoring Officer to advertise the making of the CPO and the SRO and to submit the CPO and SRO to the Secretary of State for Transport for confirmation, together with authorising the Monitoring Officer to take all other relevant action thereon to promote the confirmation of the CPO and the SRO;

f)             In the event that any Public Inquiry is convened to consider objections to the CPO and/or SRO and/or planning application (by way of a call-in decision), to authorise the Monitoring Officer, in consultation with the Corporate Director Environment & Place to prepare and submit such evidence as is necessary in support of the CPO and/or SRO and/or planning application, including enlisting the assistance of outside consultants, legal advisors and Counsel to assist in the preparation and presentation of such evidence.

g)           As soon as the CPO and the SRO have been confirmed and become operative, to authorise the Monitoring Officer to comply with all associated requirements in respect of personal, site and press notices of confirmation and to make, seal and give notice of a General Vesting Declaration (or declarations where more than one is required) under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or to serve Notices to Treat and Notice of Entry in respect of those properties to be acquired compulsorily;

h)           Authorise the Corporate Director Environment & Place in consultation with the Monitoring Officer to negotiate terms with interested parties for the purchase by agreement or payment of compensation in accordance with the Compensation Code in respect of any interests or rights in or over any land included in the CPO and, where appropriate, to agree terms for relocation;

i)             Authorise the Director of Property in consultation with the Monitoring Officer to complete the acquisition of such interests or rights and their transfer to the Council;

j)             In the event that compensation for the acquisition of land and/or rights cannot be agreed between the relevant parties, to authorise the Monitoring Officer to make a reference to the Upper Tribunal (Lands Chamber) for determination of such compensation together with such other questions as may be necessary to determine, including the engagement of appropriate external legal advisors and surveyors and other experts, as required;

k)            In the event that any question of compensation in relation to the acquisition of land and/or rights is made by way of a reference to the Upper Tribunal (Lands Chamber) (whether by the claimant or the Council) to authorise the Monitoring Officer to take all necessary steps in relation thereto, including advising on the appropriate uses and compensation payable and issuing the appropriate certificates.