Issue - meetings

Report of the Assistant Director - Highways and Public Protection

The Cabinet considered the report of the Assistant Director - Highways and Public Protection seeking in principle authority to acquire the necessary land, outside of the ownership of the Council, to enable the construction of Phase 2 of both the Maritime Corridor and Southport Eastern Access Highway Schemes. The additional land, beyond the current highway boundary, was required to provide the additional capacity required at the junctions and the cycle and walking routes that formed an essential element of both schemes. Whilst every effort was being made to acquire the land and other interests by negotiation, it might be necessary to make a compulsory purchase order (CPO) to acquire the necessary land interest, should negotiations not be successful. The Cabinet was requested to authorise the in-principle use of compulsory purchase powers. This would be followed in the future by a second resolution, formally making the CPOs, if deemed necessary.

The following Appendices were attached to the report:

·       Appendix 1 - CPO Map for Maritime Corridor

·       Appendix 2 - Schedule for Maritime Corridor

·       Appendix 3 - CPO Map for Southport Eastern Access

·       Appendix 4 - Schedule for Southport Eastern Access

Decisions Made:

That

(1)    the in-principle use of compulsory purchase powers under Part XII 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 to the report, to deliver the Maritime Corridor Improvements, be approved; and

(2)    the in-principle use of compulsory purchase powers under Part XII 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 2 to the report, to deliver the Southport Eastern Access Improvements, be approved.

Reasons for the Decisions:

Following Legal advice sought, it was considered that the proposed CPO was necessary to facilitate the delivery of both schemes and that the statutory requirements for the use of compulsory purchase powers under the Highways Act 1980 had been met. The Order Lands had been determined to be the minimum needed to deliver both Schemes and the Schemes had both been designed to minimise the impact on those with land interests in the area. Given the significant public benefits that would be achieved with the delivery of the Schemes and the support of local, regional and national policy, it was considered that the use of compulsory purchase powers was necessary and justifiable in the public interest, and this should warrant a first stage ‘in principle’ resolution to allow the Council to move forward.

Alternative Options Considered and Rejected:

Relying on the securing of all land packages by negotiation had been considered, but this approach had been considered to involve significant risk to the Council in either the land not being secured in the funding window or the Council having to pay significantly in excess of the land value in order to persuade the landowner to sell.