Issue - meetings

To consider a report of the Cabinet Member for Economy & Regeneration.

The report sets out proposals for a scheme that forms part of the Stockport Town Centre Access Plan, to link together cycle paths across the borough, by widening an existing shared use path.  Locally, the scheme will provide safety benefits to pedestrians and cyclists at an existing pinch-point by reducing pedestrian/ cycle conflicts. Negotiations to acquire land in 3^rd party ownership have thus far not concluded and therefore, in order to ensure certainty of the Council’s ability to assemble the land required to implement the Scheme within a reasonable timeframe, and to deliver the significant public benefits which the Scheme will give rise to, the Council considers that a Compulsory Purchase Order must be made.

The Cabinet it recommended to:-

·         Agree the contents of this 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 TCAP 601 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.

Officer contact: Sue Stevenson, 0161-474-4351, sue.stevenson@stockport.gov.uk

The Cabinet Member for Economy & Regeneration submitted a report (copies of which had been circulated) inviting the Cabinet to consider a proposal (scheme 601) for a Compulsory Purchase Order (CPO) to support a scheme within the Stockport Town Centre Access Plan that would provide for the widening of existing footways and the creation of share use path for pedestrians and cyclists on New Bridge Lane. Although negotiations with landowners had been undertaken it was considered that the use of CPO would ensure the implementation of the scheme within a reasonable timeframe.

RESOLVED – (1) That the Town Centre Access Package Compulsory Purchase Order 601 report be agreed 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) for the reasons set out in the draft Statement of Reasons and to assemble the land and secure the rights required to deliver the TCAP 601 Scheme, and to submit the Order to the Secretary of State for Transport for confirmation.

(2) That the Corporate Director for Place Management and Regeneration be authorised 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.

(3) That the Head of Legal and Democratic Governance be authorised to:

a)    (providing 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 abovementioned resolutions.

To consider a report of the Corporate Director for Place Management and Regeneration

The report updates Members in respect of the Travis Brow scheme and the Council’s detailed reasons for making a Compulsory Order, provides a summary of the Council’s negotiations with those parties whose land and interests are required to be assembled, and the stage which those negotiations have reached; and enables consideration of the human rights and equalities implications should the Order be made.

The Scrutiny Committee is invited to comment on the report.

Officer Contact: Sue Stevenson on 0161 474 4351 or email: sue.stevenson@stockport.gov.uk

The Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) providing the Committee with an update in respect to the Travis Brow Scheme as it related to the Town Centre Access Package.

The Cabinet Member (Economy & Regeneration) answered questions in relation to the report.

The Committee discussed the time taken, the use of and the circumstances in which Compulsory Purchase Orders were utilised.

RESOLVED – That the report be noted.