Agenda item

Report of the Assistant Director - Highways and Public Protection

Further to Minute No. 78 of 5 December 2024, the Cabinet considered the report of the Assistant Director - Highways and Public Protection indicating that a previous report to Cabinet on 5 December 2024 had sought Members’ approval in-principle to use Compulsory Purchase Powers 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. The report now presented sought approval to the details of the Order to enable it to be made. 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 following Appendices were attached to the report:

·       Appendix 1 - CPO Map for Maritime Corridor

·       Appendix 2 - Schedule for Maritime Corridor

·       Appendix 3 - Statement of Reasons for Maritime Corridor

·       Appendix 4 - CPO Map for Southport Eastern Access

·       Appendix 5 - Schedule for Southport Eastern Access

·       Appendix 6 - Statement of Reasons for Southport Eastern Access

Decisions Made:

That

(1)      approval be given to make the Sefton Metropolitan Borough Council (Maritime Corridor Improvements) Compulsory Purchase Order 2025  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 of the report;

(2)      approval be given to make the Sefton Metropolitan Borough Council (Southport Eastern Access Improvements) Compulsory Purchase Order 2025 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 4 of the report;

(3)      the draft Statement of Reasons for making both Orders, as set out at Appendix 3 and Appendix 6 of the report, be approved, and the Assistant Director - Highways and Public Protection, in consultation with the Chief Legal and Democratic Officer and Monitoring Officer, be authorised to finalise the Statement of Reasons for making the Order based on the draft attached to the report;

(4)      the Assistant Director - Highways and Public Protection, in consultation with the Chief Legal and Democratic Officer and Monitoring Officer, be authorised to make, if necessary, minor or technical amendments to both Compulsory Purchase Orders boundaries as shown on the plan at Appendices 1 and 4 of the report; and

(5)      the Chief Legal and Democratic Officer and Monitoring Officer 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 both Compulsory Purchase Orders by the Secretary of State.

Reasons for the Decisions:

Having sought Legal advice 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 that 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.