Agenda item

To consider a report Executive Councillors (Supporting Places) and (Thriving Economy)

As part of the Town Centre Access Plan -TCAP programme of Town Centre road traffic management control schemes which are currently being considered for inclusion with the TCAP Phase 2, the Executive on the 16th December 2014 approved the delegation to the Section 151 officer, Corporate Director Place Management and Regeneration in consultation with Executive Member (Communities and Sustainability) authority to approve the final business case for Phase 2 and for the Corporate Directors to take whatever action is necessary to promote the construction and completion of the Phase 2 TCAP schemes including planning applications to deliver the schemes and to appropriate land to planning purposes to utilise the power contained in Section 237 of the Town and Country Planning Act 1990 (as amended) in order to override any encumbrances that might otherwise fetter or frustrate the schemes

The Executive also gave approval for compulsory purchase orders to be made to support the TCAP Phase 2 schemes.

The purpose of this Report is to describe and explain to Members the schemes which are planned and to seek authority from the Executive to make any necessary compulsory purchase powers and side roads orders pursuant to the Highways Act 1980.

The Executive is recommended to:

•        Agree, in principle, to the making of all necessary compulsory purchase orders and if applicable, side roads orders (the “Orders”) to support the TCAP schemes and to delegate to  the Corporate Director: Corporate and Support Services in consultation with Executive Member Supporting Places the final decision on whether to authorise an individual compulsory purchase order and side roads order to be made and submitted  to the Secretary of State for Transport or any other appropriate Secretary of State for the purposes of confirming such Orders as the case may be under the relevant statutory powers and all other relevant powers to acquire all outstanding land and interests required for the TCAP schemes.

•        Agree that the final orders may be subject to amendments from the plans shown in the appendices subject to the approval of any changes by the Corporate Director: Corporate and Support Services in consultation with Executive Member Supporting Places.

•        Authorise the Chief Executive and Corporate Director: Corporate and Support Services to take all necessary steps to bring the Orders into operation, provided that the Orders are confirmed by the appropriate Secretary of State and to continue to enter into negotiations and to agree terms for the Council to acquire by voluntary means all the land and other interests and the rights needed to facilitate the proposed TCAP Phase 2 schemes.

•        Agree that if the Orders are confirmed, the Executive authorises the acquisition of the land and rights the subject of the Orders, subject to there being no material change in circumstances that would mean that the Council could not properly make and pursue the Orders.

•        Authorise the Corporate Directors of Place Management and Regeneration and Corporate and Support Services (1) to take all necessary steps to implement these resolutions and (2) to approve agreements with landowners setting out the terms of withdrawals of objections to the Orders once made including where appropriate the exclusion of land from the Orders, to make deletions from, and/or minor amendments, and modifications to the Orders and associated Order maps and plans, to agree to refrain from vesting any land/rights included within the Orders should this be in their opinion appropriate, and to negotiate terms for the acquisition by agreement of any outstanding interests/rights in the land within the Orders prior to its confirmation.

•        Reaffirm the previous Executive decision for officers to continue to develop and consult on any necessary traffic regulation orders to support the TCAP Phase 2 schemes and their construction.

Officer contact: Pete Price, 0161 474 4901, pete.price@stockport.gov.uk

A joint report of the Executive Councillors (Support & Governance) and (Supporting Places) was submitted (copies of which had been circulated) inviting the Executive to consider giving authority for the using of compulsory purchase powers and making of side roads orders to support the implementation of the Town Centre Access Plan programme.

A revised set of proposed Compulsory Order Boundary Plans were circulated prior to the meeting.

RESOLVED – That in relation to the implementation Town Centre Access Plan (TCAP) proposals:-

·           agreement be given, in principle, to the making of all necessary compulsory purchase orders and if applicable, side roads orders (the “Orders”) to support the TCAP schemes and to delegate to the Corporate Director for Corporate and Support Services in consultation with Executive Councillor (Supporting Places) the final decision on whether to authorise an individual compulsory purchase order and side roads order to be made and submitted  to the Secretary of State for Transport or any other appropriate Secretary of State for the purposes of confirming such Orders as the case may be under the relevant statutory powers and all other relevant powers to acquire all outstanding land and interests required for the TCAP schemes;

·           agreement be given that the final orders may be subject to amendments from the plans shown in the appendices subject to the approval of any changes by the Corporate Director for Corporate and Support Services in consultation with Executive Councillor (Supporting Places);

·           the Chief Executive and Corporate Director for Corporate and Support Services be authorised to take all necessary steps to bring the Orders into operation, provided that the Orders were confirmed by the appropriate Secretary of State and to continue to enter into negotiations and to agree terms for the Council to acquire by voluntary means all the land and other interests and the rights needed to facilitate the proposed TCAP Phase 2 schemes;

·           if the Orders are confirmed, the authorisation be given for the acquisition of the land and rights the subject of the Orders, subject to there being no material change in circumstances that would mean that the Council could not properly make and pursue the Orders;

·           the Corporate Directors of Place Management and Regeneration and Corporate and Support Services be authorised to (i) take all necessary steps to implement these resolutions and (ii) approve agreements with landowners setting out the terms of withdrawals of objections to the Orders once made including where appropriate the exclusion of land from the Orders, to make deletions from, and/or minor amendments, and modifications to the Orders and associated Order maps and plans, to agree to refrain from vesting any land/rights included within the Orders should this be in their opinion appropriate, and to negotiate terms for the acquisition by agreement of any outstanding interests/rights in the land within the Orders prior to its confirmation;

·           the previous Executive decision for officers to continue to develop and consult on any necessary traffic regulation orders to support the TCAP Phase 2 schemes and their construction be reaffirmed.