Agenda item

Cabinet Member: Travel & Development Strategy

Forward Plan Ref: 2021/134

Contact: Timothy Mann, Senior Project Manager, Tel 07922 848408

Report by Director of Growth & Economy (CA17).

The information in this case is exempt in that it falls within the following prescribed categories:

2. Information which is likely to reveal the identity of an individual.

and since it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The CPO Schedules in Annex A, Appendix 8b and in Annex B, containing exempt information under the above paragraph are attached.

*** The Annexes are published as Supplementary Documents due to their number and length. ***

To seek approval of the Statement of Reasons 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 and new rights identified on the map attached to this report (Annex B) (“the Order Map”) being the map accompanying The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) Compulsory Purchase Order 2022 (“the CPO”) is necessary for highway purposes;

b)              Approve the CPO, the Order Map, the SRO, the plans accompanying the SRO (“SRO Plans”) and the Bridge Scheme all substantially in the form annexed to this report but to delegate to the Director of Transport and Infrastructure following consultation with the Director of Law & Governance, authority to modify them as necessary;

c)              Authorise the  Director of Law & Governance to make The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) Compulsory Purchase Order 2022 pursuant to Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 (as amended) and Parts II and III of Schedule 2, 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 and other necessary and related works and mitigation on such land and to affix the Common Seal of the Council to the CPO and to the Order Map;

d)              Authorise the Director of Law & Governance to make The Oxfordshire County Council (Didcot to Culham Thames Bridge) Scheme 2022 (“the Bridge Scheme”) pursuant to Section 106(3) of the Highways Act 1980 (as amended) for the purpose of allowing construction of a bridge over a navigable waterway, being the Thames River and to affix the Common Seal of the Council to the Bridge Scheme and its accompanying plan(s);

e)              Authorise the  Director of Law & Governance to make The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) (Side Roads) Order 2022 (“the SRO”) pursuant to Sections 14 and 125 of the Highways Act 1980 (as amended) to enable the stopping-up, diversion, alteration, improvement and creation of new lengths of highway or reclassification of existing highways, enabling the stopping up of private means of access as necessary where the scheme design necessitates and re-provision of private means of access and giving authority for the acquisition of necessary land pursuant to the CPO and to affix the Common Seal of the Council to the SRO and to the SRO Plans;

f)                Authorise the Director of Law & Governance to remove from the CPO any plot (or interest therein) no longer required to be acquired compulsorily, to amend the interests scheduled in the CPO (if so advised) and to request that the Secretary of State makes any modifications to the CPO prior to confirmation as may be appropriate;

g)              Authorise the Director of Law & Governance to amend and finalise the draft Joint Statement of Reasons (Annex A) for the CPO and The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) (Side Roads) Order 2022 (“the SRO”) and The Oxfordshire County Council (Didcot to Culham Thames Bridge) Scheme 2022 (“the Bridge Scheme”) considered necessary prior to its submission to the Secretary of State;

h)              Authorise the Director of Law & Governance to advertise the making of the CPO, the SRO and the Bridge Scheme and to submit the CPO, SRO and Bridge Scheme to the Secretary of State for Transport for confirmation, together with authorising the Director of Law & Governance to take all other relevant action thereon to promote the confirmation and/or publication of the CPO, SRO and Bridge Scheme (including by statutory instrument for the Bridge Scheme);

i)                In the event that any Public Inquiry is convened to consider objections to the CPO and/or SRO and/or Bridge Scheme and/or planning application (by way of a call-in decision), to authorise the  Director of Law & Governance, in consultation with the Director of Transport and Infrastructure to prepare and submit such evidence as is necessary in support of the CPO and/or SRO and/or Bridge Scheme 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.

j)                As soon as the CPO, the SRO and the Bridge Scheme have been confirmed and become operative, to authorise the  Director of Law & Governance to comply with all associated requirements in respect of personal, site and press notices of confirmation and at the appropriate time thereafter 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;

k)              Authorise the Director of Transport and Infrastructure in consultation with the Director of Law & Governance 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;

l)                Authorise the Director of Property in consultation with the Director of Law & Governance to complete the acquisition of such interests or rights and execute their legal transfer/grant to the Council;

m)            In the event that compensation for the acquisition of land and/or rights cannot be agreed between the relevant parties, to authorise the Director of Law & Governance 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;

n)              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 Director of Law & Governance to take all necessary steps in relation thereto, including advising on the appropriate uses and compensation payable and issuing the appropriate certificates.

o)              Be notified of the Statutory Blight regime that requires the Council to respond to claims for Statutory Blight pursuant to Part VI, Chapter II and Schedule 13 of the Town and Country Planning Act 1990 (as amended).

p)              In respect to Statutory Blight delegate authority to the Director for Property Services and the Director of Law & Governance to agree appropriate terms in accordance with statutory provisions.

Cabinet in July 2020 agreed the preferred options to proceed with the preliminary design and planning application for this Scheme. A subsequent report in June 2021 approved the “in principle” use of statutory powers.  Cabinet was now asked to approve the Compulsory Purchase and Side Road Orders deemed necessary as outlined in the report.

Before considering the report, the Chair had agreed to the following speaker:

Councillor Charlie Hicks noted that inflation forecasts had increased since the figures were calculated for this report and in particular construction costs were rising more quickly than general inflation.  He asked Cabinet to delay the decision until after the capital budget review.  There were ways to build homes that did not require more roads.  These ideas were gaining ground in government departments.

Councillor Tim Bearder left the meeting.

Councillor Liz Brighouse asked for confirmation that Cabinet had agreed that it would put no more of the Council’s money into this project.

Councillor Duncan Enright, Cabinet Member for Travel & Development Strategy, responded that he was comfortable with the funding arrangements.  These issues had already been given an airing when discussing the Grant Determination Agreement.  The argument against further delay was that the scheme was time-limited on the basis of the GDA.

Councillor Calum Miller, Cabinet Member for Finance, noted that paragraphs 79 and 80 of the report outlined how the risks associated with scheme delivery and inflation were accounted for within the overall forecast budget.  Since then, the inflation outlook had worsened but Cabinet had made it clear to Homes England that the current total for this scheme was the maximum that the Council can fund from its resources.  The team was already working on value engineering for this scheme.

Councillor Miller added that Homes England had agreed that their capital would be drawn down first and there was a “no clawback” clause.  There were various gateways at which it would be possible to review the funding situation.  Any discussion at those stages would be on the premise that the Council was not putting any more money in.

Councillor Pete Sudbury, referring to paragraphs 86 and 87, stated that there will only be positive impacts on air quality and carbon emissions for local villages if the old bridges are closed to motor traffic.

Recommendations a) to p) were proposed by Councillor Enright, seconded by Councillor Lygo and agreed.

RESOLVED to:

a)              Confirm that the acquisition of the land and new rights identified on the map attached to this report (Annex B) (“the Order Map”) being the map accompanying The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) Compulsory Purchase Order 2022 (“the CPO”) is necessary for highway purposes;

b)              Approve the CPO, the Order Map, the SRO, the plans accompanying the SRO (“SRO Plans”) and the Bridge Scheme all substantially in the form annexed to this report but to delegate to the Director of Transport and Infrastructure following consultation with the Director of Law & Governance, authority to modify them as necessary;

c)              Authorise the  Director of Law & Governance to make The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) Compulsory Purchase Order 2022 pursuant to Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 (as amended) and Parts II and III of Schedule 2, 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 and other necessary and related works and mitigation on such land and to affix the Common Seal of the Council to the CPO and to the Order Map;

d)              Authorise the Director of Law & Governance to make The Oxfordshire County Council (Didcot to Culham Thames Bridge) Scheme 2022 (“the Bridge Scheme”) pursuant to Section 106(3) of the Highways Act 1980 (as amended) for the purpose of allowing construction of a bridge over a navigable waterway, being the Thames River and to affix the Common Seal of the Council to the Bridge Scheme and its accompanying plan(s);

e)              Authorise the  Director of Law & Governance to make The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) (Side Roads) Order 2022 (“the SRO”) pursuant to Sections 14 and 125 of the Highways Act 1980 (as amended) to enable the stopping-up, diversion, alteration, improvement and creation of new lengths of highway or reclassification of existing highways, enabling the stopping up of private means of access as necessary where the scheme design necessitates and re-provision of private means of access and giving authority for the acquisition of necessary land pursuant to the CPO and to affix the Common Seal of the Council to the SRO and to the SRO Plans;

f)                Authorise the Director of Law & Governance to remove from the CPO any plot (or interest therein) no longer required to be acquired compulsorily, to amend the interests scheduled in the CPO (if so advised) and to request that the Secretary of State makes any modifications to the CPO prior to confirmation as may be appropriate;

g)              Authorise the Director of Law & Governance to amend and finalise the draft Joint Statement of Reasons (Annex A) for the CPO and The Oxfordshire County Council (Didcot Garden Town Highways Infrastructure – A4130 Improvement (Milton Gate to Collett Roundabout), A4197 Didcot to Culham Link Road and A415 Clifton Hampden Bypass) (Side Roads) Order 2022 (“the SRO”) and The Oxfordshire County Council (Didcot to Culham Thames Bridge) Scheme 2022 (“the Bridge Scheme”) considered necessary prior to its submission to the Secretary of State;

h)              Authorise the Director of Law & Governance to advertise the making of the CPO, the SRO and the Bridge Scheme and to submit the CPO, SRO and Bridge Scheme to the Secretary of State for Transport for confirmation, together with authorising the Director of Law & Governance to take all other relevant action thereon to promote the confirmation and/or publication of the CPO, SRO and Bridge Scheme (including by statutory instrument for the Bridge Scheme);

i)                In the event that any Public Inquiry is convened to consider objections to the CPO and/or SRO and/or Bridge Scheme and/or planning application (by way of a call-in decision), to authorise the  Director of Law & Governance, in consultation with the Director of Transport and Infrastructure to prepare and submit such evidence as is necessary in support of the CPO and/or SRO and/or Bridge Scheme 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.

j)                As soon as the CPO, the SRO and the Bridge Scheme have been confirmed and become operative, to authorise the  Director of Law & Governance to comply with all associated requirements in respect of personal, site and press notices of confirmation and at the appropriate time thereafter 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;

k)              Authorise the Director of Transport and Infrastructure in consultation with the Director of Law & Governance 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;

l)                Authorise the Director of Property in consultation with the Director of Law & Governance to complete the acquisition of such interests or rights and execute their legal transfer/grant to the Council;

m)            In the event that compensation for the acquisition of land and/or rights cannot be agreed between the relevant parties, to authorise the Director of Law & Governance 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;

n)              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 Director of Law & Governance to take all necessary steps in relation thereto, including advising on the appropriate uses and compensation payable and issuing the appropriate certificates.

o)              Be notified of the Statutory Blight regime that requires the Council to respond to claims for Statutory Blight pursuant to Part VI, Chapter II and Schedule 13 of the Town and Country Planning Act 1990 (as amended).

p)              In respect to Statutory Blight delegate authority to the Director for Property Services and the Director of Law & Governance to agree appropriate terms in accordance with statutory provisions.