Issue - meetings

The Wokingham Borough Council (Arborfield Cross Relief Road) Compulsory Purchase Order

Meeting: 29/03/2018 - Executive (Item 121)

121 The Wokingham Borough Council (Arborfield Cross Relief Road) Compulsory Purchase Order pdf icon PDF 131 KB

Additional documents:

Decision:

That:

 

1)        the Council make a compulsory purchase order ("CPO") for the acquisition of land and interests which are not already owned by the Council and new rights within the area as shown indicatively edged red on the draft plan at Appendix 1 of the report ("the Site") pursuant to sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and the Acquisition of Land Act 1981;

 

2)        the Interim Director of Environment, in consultation with the Leader and Executive Member for Strategic Highways and Planning, be authorised to:

 

(a)         continue to take all necessary steps to secure the making, the confirmation and, in accordance with a programme approved by the Executive, the implementation of the CPO including land referencing, serving any requisitions for information, preparing all necessary documentation (including the CPO, the Order Plan and the Statement of Reasons), publication and service of all relative notices, submission of the CPO to the Secretary of State for confirmation, and the presentation of the Council's case at any Public Inquiry; and

 

(b)         approve terms for the acquisition of legal interests (including rights) by agreement including for the purposes of resolving any objections  to the CPO and acquire all interests in the Site either compulsorily or by agreement;

 

(c)          deal with objections to the CPO including agreeing terms for the withdrawal of objections and where possible or necessary enter into compromise agreements;

 

(d)         remove from the CPO any plot or interest no longer required to be acquired compulsorily and to amend the interests scheduled in the CPO (if so advised);

 

(e)         make amendments to the boundaries of the interests to be acquired if necessary;

 

(f)           make any amendments to the Statement of Reasons annexed at Appendix 2 to the report as are considered necessary prior to its submission to the Secretary of State;

 

(g)         confirm the CPO if granted the power to do so by the Secretary of State; and

 

(h)         exercise the compulsory purchase powers authorised by the CPO by way of General Vesting Declaration[s] and/or notice to treat.

Minutes:

The Executive considered a report setting out a proposal to make a compulsory purchase order (CPO) in order to acquire all necessary land and interests to deliver the Arborfield Cross Relief Road which was a highways project supported by the planning and corporate policies of the Council.

 

The Executive Member for Strategic Highways and Planning introduced the report and advised that the proposal was to CPO a section of road which was required to bypass Arborfield Village and which currently suffered from heavy trucks going through it.  It was noted that three landowners would be affected by the proposal and that two of the landowners had already agreed terms. It was therefore the third landowner who would be the subject of the CPO and negotiations would, of course, continue with the landowner during the CPO process.

 

RESOLVED That:

 

1)        the Council make a compulsory purchase order ("CPO") for the acquisition of land and interests which are not already owned by the Council and new rights within the area as shown indicatively edged red on the draft plan at Appendix 1 of the report ("the Site") pursuant to sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and the Acquisition of Land Act 1981;

 

2)        the Interim Director of Environment, in consultation with the Leader and Executive Member for Strategic Highways and Planning, be authorised to:

 

(a)         continue to take all necessary steps to secure the making, the confirmation and, in accordance with a programme approved by the Executive, the implementation of the CPO including land referencing, serving any requisitions for information, preparing all necessary documentation (including the CPO, the Order Plan and the Statement of Reasons), publication and service of all relative notices, submission of the CPO to the Secretary of State for confirmation, and the presentation of the Council's case at any Public Inquiry; and

 

(b)         approve terms for the acquisition of legal interests (including rights) by agreement including for the purposes of resolving any objections  to the CPO and acquire all interests in the Site either compulsorily or by agreement;

 

(c)          deal with objections to the CPO including agreeing terms for the withdrawal of objections and where possible or necessary enter into compromise agreements;

 

(d)         remove from the CPO any plot or interest no longer required to be acquired compulsorily and to amend the interests scheduled in the CPO (if so advised);

 

(e)         make amendments to the boundaries of the interests to be acquired if necessary;

 

(f)           make any amendments to the Statement of Reasons annexed at Appendix 2 to the report as are considered necessary prior to its submission to the Secretary of State;

 

(g)         confirm the CPO if granted the power to do so by the Secretary of State; and

 

(h)         exercise the compulsory purchase powers authorised by the CPO by way of General Vesting Declaration[s] and/or notice to treat.