Decision details

To seek approval for the serving of a Compulsory Purchase Order to enable the acquisition of the land required to enable the implementation of the new slip roads at M58 Junction 1

Further to Minute No. 85 of the meeting held on 14 January 2016, the Cabinet considered the report of the Head of Locality Services - Commissioned which sought approval to make the Sefton Metropolitan Borough Council (M58 Junction 1 Improvements) Compulsory Purchase Order 2017 to enable the major transport scheme to be progressed by the Council.

The report indicated that in order to carry out the works it would be necessary to acquire land outside the ownership of the Council and whilst every effort was being made to acquire the land and other interests by negotiation it was considered necessary to make a compulsory purchase order to acquire those areas which were necessary to achieve the works, should negotiations not be successful.

Decision Made: That

(1)       approval be given to the Sefton Metropolitan Borough Council (M58 Junction 1 Improvements) Compulsory Purchase Order 2017 being made under Section 239 of the Highways Act 1980 and the Acquisition of Land Act 1981 to secure the compulsory acquisition of the land shown coloured pink on the plan attached at Appendix 1 of the report;

(2)       approval be given to the draft Statement of Reasons for making the said Order and the Head of Locality Services - Commissioned in consultation with the Head of Regulation & Compliance be authorised to finalise the Statement of Reasons for making the Order based on the draft set out in the report;

(3)       the Head of Locality Services – Commissioned be authorised in consultation with the Head of Regulation and Compliance to make, if necessary, minor or technical amendments to the Compulsory Purchase Order boundaries as shown on the plan at Appendix 1 of the report;

(4)       the Head of Regulation and Compliance be authorised to seal the Order and take all necessary and ancillary steps, including the publication and service of all statutory notices and the presentation of the Council’s case at any public inquiry to secure the confirmation of the Compulsory Purchase Order by the Secretary of State;

(5)       the Head of Regulation and Compliance be authorised, once the Order has been confirmed, to take all necessary steps, including the publication of any notices to secure the vesting of the land in the Council, including as necessary the making of any General Vesting Declaration under the Compulsory Purchase (General Vesting Declarations) Act 1981 or to serve notices to treat and notices to enter pursuant to the Compulsory Purchase Act 1965 or any legislation replacing or amending the same and thereafter to pay compensation due to affected landowners;

(6)       the Head of Locality Services - Commissioned be authorised to confirm the Order in the event that the Secretary of State notifies the Council that it has been given the power to confirm the Order, if it is still considered appropriate to do so;

(7)       approval be given to a Side Roads Order being made pursuant to Section 14 of the Highways Act 1980 to connect the new slip roads to the M58 motorway; and

(8)       the Head of Regulation and Compliance be authorised to seal the Side Roads Order and take all necessary and ancillary steps, including the publication and service of all statutory notices and the presentation of the Council’s case at any public inquiry to secure the confirmation of the Side Roads Order by the Secretary of State.

Reasons for Decision:

The Council, had determined a programme for the delivery of the scheme in order to ensure that the £5.5m Growth Fund allocation to the scheme was claimed in full. In order to achieve this, costs needed to be expended before June 2019 (this is a condition within the Liverpool City Region Funding Offer). This required the land and associated rights to be secured and works to be delivered in advance of this date. As the acquisition of the necessary land was a key element of this programme, the Council had determined that a Compulsory Purchase Order would need to be served on affected properties surrounding the junction. Whilst negotiations were ongoing with landowners affected by the proposals, the tight timescales involved mean that it was necessary to make the proposed Order to guarantee delivery of the land.

The recommendation to make the compulsory purchase order is in line with the recommendations and considerations set out in the previous report to the dated on 3 September 2015.(Minute No. 37 refers)

The new slip roads would be constructed as highway that joins a trunk road (the M58), which was also being improved under the proposals, and therefore a Side Roads Order was necessary to effect the connection.

Alternative Options Considered and Rejected:

The Council could agree not to make a compulsory purchase order for the scheme, but would then be wholly dependent upon the various elements of land and associated rights to be secured by agreement with the landowners. Should this not be achieved within the programme then either the scheme wouldn’t progress or, if the land was secured later than the programmed date and hence the construction extended beyond June 2019, the Council would be liable for additional costs as the full allocation from the Liverpool City Growth Fund wouldn’t be drawn down in full.