Decision details

RESOLVED:

1. That Cabinet authorise the making of a compulsory purchase order (the Order) under the provisions of section 239 of the Highways Act 1980 to acquire the Order Land to facilitate the carrying out of the said Scheme, being satisfied that there is a compelling case in the public interest for the compulsory purchase of the Order Land  to facilitate the carrying out of the A320 HIF Scheme.

2. That Cabinet authorise the Executive Director of Environment, Transport and Infrastructure (in consultation with the Cabinet Member for Transport and Infrastructure) to settle the final extent, form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation.

3. That Cabinet authorise the Director of Law and Governance (in consultation with the Cabinet Member for Transport and Infrastructure) to negotiate, agree land acquisition terms, and enter into agreements with interested parties, including agreements for the withdrawal of objections; to give undertakings not to enforce the Order on specific terms; (where appropriate) to remove land or rights from the Order, or to request the modification of the Order by the Secretary of State.

4. That Cabinet authorise the Director of Law and Governance (in consultation with the Cabinet Member for Transport and Infrastructure) to implement the Order powers following confirmation of the Order, including acquiring title to and/or possession of the land and paying compensation agreed or determined.

5. That Cabinet authorise the Director of Law and Governance (in consultation with the Cabinet Member for Transport and Infrastructure) to enter into an agreement (or agreements) with Highways England under sections 6 and 8 of the Highways Act 1980:

6. That Cabinet accept the delegation of the functions of Highways England with regard to the improvements to highways at M25 junction 11 including the making of the compulsory purchase order in respect of the Order Land at junction 11 (where the Council is not the highway authority).  

Reason for Decisions: 

In September 2020 the Cabinet confirmed acceptance of the HIF funding award of £41.8 million (see Cabinet Paper at item 13). 

As at the Cabinet decision date of September 2020 the Scheme had not been fully designed, thus the final land take was not known, and the Report anticipated that a further authority to pursue a compulsory purchase order would be sought from Cabinet. This paper seeks that further authority to make a Compulsory Purchase Order and to seek its confirmation by the Secretary of State.

The decision as recommended by this report will enable the Council with funding for its Infrastructure Fund Forward Funding scheme from the Ministry of Housing, Communities & Local Government (MHCLG) to construct the necessary infrastructure improvements described above. To facilitate such construction, it will be necessary to purchase additional land adjacent to the A320 public highway from third party landowners either by negotiation and voluntary agreements or by compulsory purchase.

[The decisions on this item can be called in by the Communities, Environment and Highways Select Committee]