To consider a report of the Executive Member for Climate Change and Transport Strategy.
The Executive Member for Climate Change and Transport Strategy submitted a report which gave an update on progress since the Executive report in September 2021 selecting a preferred route, and set out the next steps in the process, including an update on project budget, risks and further consultation. Members were advised that the Council did not own all the land and therefore intended to acquire parcels of land that would be needed for the scheme to progress. It would endeavour to acquire the land through negotiations; however, to prevent delay, it would make a Compulsory Purchase Order for the land required as a risk mitigation measure. Appendix 2 to the report set out the indicative CPO Plots and Schedule; and in principle approval was now sought.
In discussion queries were raised regarding the usage of s.106 contributions, expectations in respect of HGV usage, flood mitigation and cost risks; though the relief road’s strategic significance for facilitating regeneration was also emphasised. It was agreed that clarification would be presented outside the meeting regarding the report’s presentation of the Homes England funding drawdown referred to in paragraph 5.2 of the report.
(1) That in principle support be provided to undertake the acquisition of land and new rights required for the construction of the Carrington Relief Road including:
1.1.1 The making of an order under sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and all other powers as appropriate for the compulsory purchase of land and rights required for the construction of the Carrington Relief Road (“CPO”)
1.1.2 The making of a Side Roads Order (or orders) under Sections 8, 14 and 125 of the Highways Act 1980 and all other necessary powers to improve, stop up existing highways, construct lengths of new highway and stop up and provide replacement private means of access as required to deliver the Carrington Relief Road (“SRO”)
(2) That authority be delegated to the Corporate Director for Place in consultation with the Director of Legal and Governance to take all steps necessary to prepare a CPO or SRO (together Orders) to be made including but not limited to:
(a) the carrying out of land referencing including without limitation the service of notices under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 and/or section 5A of the Acquisition of Land Act 1981;
(b) the authorisation of entry onto the land and other land for the purpose of carrying out surveys pursuant to section 172 of the Housing and Planning Act 2016;
(c) the preparation of a draft statement of reasons;
(d) the preparation of draft Orders and Order Schedules; and
(e) the preparation of notices to owners, lessees and occupiers, site notices and any other notices required to be served and/or advertised in accordance with the Acquisition of Land Act 1981 should the Executive authorise the making of an Order.
(f) Delegates authority to the Corporate Director for Place to negotiate for the voluntary acquisition of land and rights over land needed to enable the scheme to be delivered in advance of confirmation of an Order, as if such Order had been confirmed.
(g) Delegates authority to the Corporate Director for Place in consultation with the Director of Legal and Governance to consider alternatives to the use of compulsory purchase powers.
(h) Notes that before an order is made a further detailed report will be drafted seeking authority for the making of an Order and that such a report will need to address a number of issues including:
(i) that the Order is necessary to facilitate the carrying out of development, redevelopment or improvement on, or in relation to, the land being acquired;
(ii) that the scheme complies with the aspirations of the Local Plan with regards to the area and other relevant planning policy;
(iii) that there is a compelling case in the public interest for the land to be acquired which outweighs the interference with the human rights of those with an interest in the land affected;
(iv) that the scheme will contribute to the promotion or improvement of the economic and/or social and/or environmental well-being of the local area;
(v) that the scheme is viable and that there is a reasonable prospect that the scheme can be implemented within a reasonable timescale;
(vi) that there are no physical or legal impediments to the scheme
(vii) that all reasonable steps have been taken to acquire land and rights over land needed to deliver the scheme by negotiation and voluntary agreement;
(viii)that alternatives to the use of compulsory purchase powers have been considered; and
(ix) that the compulsory acquisition would not infringe the Council's equality duty.
(3) That the funding position for the next development phase and the strategy for securing further funds be noted.
(4) That authority be delegated to the Corporate Director for Place and the Director of Finance in consultation with the Executive Member Climate Change and Transport Strategy to negotiate and agree contracts with Grant Funding providers and external parties relating to grant funding, including variations of grant agreements and other related agreements regarding funding towards the design, pre-commencement works and development of the Carrington Relief Road.
(5) That the Director of Legal and Governance be authorised to finalise and enter into all legal agreements required to implement the above decisions.