Agenda item

Cabinet Member: Travel & Development Strategy

Forward Plan Ref: 2022/012

Contact: Abdul Waraich, Project Manager,

abdul.wairaich@oxfordshire.gov.uk

Report by Corporate Director Environment & Place (CA15).

NB Annex A is published as a Supplementary Document due to its size.

To seek approval of the Statement of Reason and Orders, subject to delegation to officers and to make the Statutory Orders.

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.

Annex B containing exempt information under the above paragraph is attached.

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 Access to Witney) Compulsory Purchase Order 2023 (“the CPO”) is necessary for highway purposes;

b)    Approve the CPO, the Order Map, The Oxfordshire County Council (Highways Infrastructure – A40 Access to Witney) (Side Roads) Order 2023 (“the SRO”), the plan accompanying the SRO (“SRO Plan”) 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 (Highways Infrastructure – A40 Access to Witney) Compulsory Purchase Order 2023 pursuant to Sections 239, 240, 246 and 260 of the Highways Act 1980 (as amended) and Part 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 Schedule to the CPO (or such lesser area of land should this in his opinion be appropriate) to facilitate the improvement of the A40 by the construction of two new west facing slip roads and other necessary related highway improvement 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 (Highways Infrastructure – A40 Access to Witney) (Side Roads) Order 2023 pursuant to Section 14 of the Highways Act 1980 (as amended) to enable the stopping up of highways and the alteration and improvement of existing highways, and giving authority to 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 Plan;

e)    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;

f)      Approve the draft Joint Statement of Reasons (Annex A) for the CPO and the SRO, substantially in the form annexed to this report, but to Authorise the Director of Law & Governance to amend and finalise the draft Joint Statement of Reasons as necessary prior to its submission to the Secretary of State;

g)    Authorise the Director of Law & Governance 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 Director of Law & Governance to take all other relevant action thereon to promote the confirmation and/or publication of the CPO and the SRO;

h)    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 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 planning application, including enlisting the assistance of outside consultants, legal advisors and Counsel to assist in the preparation and presentation of such evidence.

i)      As soon as the CPO and the SRO 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 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;

j)      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;

k)    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 to the Council;

l)      In the event that compensation for the acquisition of land 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;

m)  In the event that any question of compensation in relation to the acquisition of land 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;

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

o)    In respect of 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; and

p)    Underwrite the Scheme costs up to a figure of £6.638m and to forward fund any unsecured and/or conditional developer contributions to the Scheme (as may be secured through planning obligations pursuant to Section 106 of the Town and County Planning Act 1990 (as amended)) up to this underwritten sum, as may be necessary in order to enable the Scheme to have certainty of funding and so as not to create any untimely delay in Scheme delivery.

Cabinet had before it a report recommending approval of a Compulsory Purchase Order and Side Roads Order for the Access to Witney traffic scheme.

The scheme would provide new west-facing slip roads onto the A40 at Shores Green and new walking and cycling facilities on the B4022 and alongside the A40. The benefits included reduced traffic flow, reduced traffic delays and improved air quality within Witney town centre, improved connectivity, enhancements to active travel provision and safety, and support for residential and economic development in Witney. 

Councillor Duncan Enright, Cabinet Member for Travel and Development Strategy, introduced the report.  He gave examples of the benefits that would be delivered from the scheme  and answered a number of members’ questions.

During discussion, members welcomed the introduction of the scheme and the positive outcomes that would be realised for communities in Witney.

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 Access to Witney) Compulsory Purchase Order 2023 (“the CPO”) is necessary for highway purposes;

b)    Approve the CPO, the Order Map, The Oxfordshire County Council (Highways Infrastructure – A40 Access to Witney) (Side Roads) Order 2023 (“the SRO”), the plan accompanying the SRO (“SRO Plan”) 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 (Highways Infrastructure – A40 Access to Witney) Compulsory Purchase Order 2023 pursuant to Sections 239, 240, 246 and 260 of the Highways Act 1980 (as amended) and Part 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 Schedule to the CPO (or such lesser area of land should this in his opinion be appropriate) to facilitate the improvement of the A40 by the construction of two new west facing slip roads and other necessary related highway improvement 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 (Highways Infrastructure – A40 Access to Witney) (Side Roads) Order 2023 pursuant to Section 14 of the Highways Act 1980 (as amended) to enable the stopping up of highways and the alteration and improvement of existing highways, and giving authority to 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 Plan;

e)    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;

f)      Approve the draft Joint Statement of Reasons (Annex A) for the CPO and the SRO, substantially in the form annexed to this report, but to Authorise the Director of Law & Governance to amend and finalise the draft Joint Statement of Reasons as necessary prior to its submission to the Secretary of State;

g)    Authorise the Director of Law & Governance 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 Director of Law & Governance to take all other relevant action thereon to promote the confirmation and/or publication of the CPO and the SRO;

h)    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 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 planning application, including enlisting the assistance of outside consultants, legal advisors and Counsel to assist in the preparation and presentation of such evidence.

i)      As soon as the CPO and the SRO 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 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;

j)      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;

k)    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 to the Council;

l)      In the event that compensation for the acquisition of land 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; In the event that any question of compensation in relation to the acquisition of land 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;

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

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

o)    Underwrite the Scheme costs up to a figure of £6.638m and to forward fund any unsecured and/or conditional developer contributions to the Scheme (as may be secured through planning obligations pursuant to Section 106 of the Town and County Planning Act 1990 (as amended)) up to this underwritten sum, as may be necessary in order to enable the Scheme to have certainty of funding and so as not to create any untimely delay in Scheme delivery.