Decision details

In order to progress the Town Centre Access Plan Phase 2 Travis Brow to Wellington Road North Link Road, the Leader of the Council has approved the following in relation to the Compulsory Purchase Order:

·      Agree the contents of the accompanying report, together with the drafts of the Order front sheet, the Order Schedule, the Order Map and the Statement of Reasons provided herewith, and having done so, to resolve to make the Order (under the Highways Act 1980 and the Road Traffic Regulation Act 1984) for the reasons set out in the draft Statement of Reasons and to assemble the land and secure the rights required to deliver the Travis Brow scheme, and to submit the Order to the Secretary of State for Transport for confirmation.

·      Delegate to the Corporate Director for Place Management and Regeneration authority to:

a)    make minor amendments and/or modifications, as required, to the Order front sheet, the Order Schedule, the Order Map and the Statement of Reasons, and to approve the said documents, prior to the Order being made and submitted to the Secretary of State for Transport for confirmation;

b)    if authorised by the Secretary of State, to confirm the Order;

c)    continue to engage in negotiations and, where possible, to agree terms for the Council to acquire by voluntary means all of the land and interests comprised within the Order Land where such land and interests are in third party ownership;

d)    in the event that objections are made to the Order, take all necessary steps to address and, where possible, resolve those objections and, if necessary, to prepare for and participate in any public inquiry convened by the Secretary of State for Transport to consider the Order.

·      Delegate to the Head of Legal and Democratic Governance authority to:

a)     provided the Order is confirmed by the Secretary of State, take all necessary steps to bring the Order into operation such that the Council’s powers of compulsory acquisition, as secured by the Order, are exercised, and possession of the Order Land taken (including the making and service of one or more General Vesting Declarations and, where necessary, the preparation and service of Notices to Treat and Notices of Entry);

b)     approve agreements with affected parties setting out the terms of any withdrawals of objections to the Order, including, where appropriate, the exclusion of land from the Order; if considered acceptable having regard to scheme delivery, seek the consent of the Secretary of State for Transport to make modifications to the Order (including the Order Schedule and the Order Map); and, where appropriate, agree to refrain from compulsorily acquiring/vesting any land and/or interests included within the Order;

c)     defend any third party proceedings challenging the confirmation of the Order by the Secretary of State for Transport;

d)     commence or defend any proceedings in the Upper Tribunal (Lands Chamber) concerning the determination of the compensation to which affected parties whose land and/or interests are acquired pursuant to the Order may be entitled, and to take all necessary steps to deal with, settle and/or dispose of those proceedings (as the case may be);

e)     do all things necessary or incidental to the implementation of the above-mentioned resolutions.

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