Agenda item

Report of the Head of Locality Services - Commissioned

Further to Minute No. 38 of the meeting held on 3 September 2015, the Cabinet considered the report of the Head of Locality Services – Commissioned which sought authority to make the Sefton Metropolitan Borough Council (A565 Highway Improvements/Regent Road) Compulsory Purchase Order 2016, to enable the A565 North Liverpool Key Corridor Major Scheme to be progressed by the Council and Liverpool City Council.

Decision Made: That

(1)       the Sefton Metropolitan Borough Council (A565 Highway Improvements / Regent Road) Compulsory Purchase Order 2016 be 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 set out in Appendix 1 to the report;

(2)       the draft Statement of Reasons for making the said Order be approved and the Head of Locality Services - Commissioned in consultation with the Head of Regulation and 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 in consultation with the Head of Regulation and Compliance be authorised to make minor or technical amendments to the Compulsory Purchase Order boundaries if necessary, as shown on the plan at Appendix 1 to 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)       once the Order has been confirmed, the Head of Regulation and Compliance, be authorised 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

(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.

Reasons for Decision:

Liverpool City Council, as the scheme’s sponsor, have determined a programme for the delivery of the scheme to link with other proposed Key Corridor works within and around the Liverpool city centre. They have also committed to achieving indicative spend targets of the Liverpool City Region Growth Fund within 2016/17 and 2017/18. In order to achieve the programme, the City Council had determined that Compulsory Purchase Orders would need to be served on affected properties along the corridor in order to ensure that any land necessary to deliver the Scheme, the dualling of the A565, can be secured within the proposed programme. Whilst negotiations are ongoing with landowners affected by the proposals both within Sefton and Liverpool areas, the tight timescales involved mean that it is necessary to make the proposed Order to secure the land. Liverpool City Council would also be progressing its own compulsory purchases orders in tandem with the Council to ensure that any land required within the Liverpool area can also be delivered to meet the programme.

Liverpool City Council would be taking a report to its Cabinet in January 2016 seeking authority to make two compulsory purchase orders which will cover the remaining areas of the A565 at Derby Road and Great Howard Street, Liverpool which will form the remainder of the Scheme.

The recommendation to make the compulsory purchase order is in line with the recommendations and considerations set out in the previous report to the Cabinet on 3 September 2015.

Alternative Options Considered and Rejected:

The Scheme could be delivered as two separate projects, one in Liverpool and the other in Sefton. However, it is clear that the traffic management and control measures necessary for each part of the Scheme would impact greatly on traffic movements within the neighbouring district and, as such, the adjacent works would need to be very carefully programmed and managed.

It is considered sensible that the project should be delivered as one Scheme, phased to minimise disruption and delivered and managed by Liverpool given that they submitted the original project to the Liverpool City Region.

Notwithstanding this, both the Council and Liverpool have entered into a memorandum of understanding which deals with project management on the delivery of the Scheme as well as progressing any necessary compulsory purchase orders. Sefton would therefore retain all necessary controls over works which may take place within the Council’s area.

It is also considered important the Scheme is delivered as one project given that the benefits which will be likely to accrue as a result of the delivery of the Scheme are largely dependent on the Scheme being brought forward in its entirety. These benefits are dealt with in the report.