APPROVAL TO ENTER INTO A SECTION 278/38 HIGHWAYS ACT 1980 LEGAL AGREEMENT – LAND WEST OF FORMBY BYPASS AND NORTH OF LIVERPOOL ROAD, LIVERPOOL ROAD, FORMBY – OFFSITE WORK
Decision Maker: Cabinet Member - Locality Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
To seek approval for the Chief Legal and Democratic Officer in conjunction with the Head of Highways and Public Protection to negotiate and enter into an agreement with the organisation listed within the report, under Section 278 and Section 38 of the Highways Act 1980 for the implementation of a scheme of off-site highway improvements associated with their development, as detailed within the report.
That the Chief Legal and Democratic Officer be authorised in conjunction with the Head of Highways and Public Protection, to negotiate and enter into an agreement with the following organisation/company pursuant to Section 278/Section 38 of the Highways Act 1980 for the implementation of a scheme of off-site highway improvements associated with their development, as shown upon the attached drawings numbered DC1996/1, DC1996/2 and DC1996/3. as detailed within the report:
· Land west of Formby Bypass and north of Liverpool Road, Liverpool Road, Formby – Applicant – BDW Trading Ltd, Barratt House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire, LE67 1UF (reference DC/2018/00658).
Reasons for the Decision:
The decision is required in order to allow the implementation of schemes of highway improvements in respect of the developments which have been granted conditional planning approval.
Alternative Options Considered and Rejected:
The alternative is not to enter into a legal agreement with works being carried out on the public highway outside the control of the Council.
Publication date: 11/09/2019
Date of decision: 11/09/2019
Effective from: 19/09/2019