Agenda item

11.1

The Executive Director, Place submitted a report in relation to the Chesterfield Road Key Bus Route Improvement Scheme Land Acquisition and Compulsory Purchase Order.

11.2

RESOLVED: That:-

(a)

authority be given for the Council to make a Compulsory Purchase Order (CPO) under the powers conferred by the Highways Act 1980 to acquire the land coloured pink and occupy temporarily during the period of the works the land coloured blue on the map displayed at the meeting of the Cabinet on 16 September 2015 and marked ‘Map referred to in the City of Sheffield (Chesterfield Road) (Chesterfield Road Key Bus Route (Classified Road, A61) Compulsory Purchase Order 2015’;

(b)

delegated authority be given to the Director of Legal and Governance to authorise the CPO, to take all necessary procedural steps prior to and after the making of the CPO, to enable the CPO to be submitted to the Secretary of State for confirmation including:

(a) finalising the attached draft Statement of Reasons;

(b) finalising the Schedule of Interests;

(c) serving notices of the making of the CPO on all persons entitled to such notice and placing necessary press notices; and

(d) taking all necessary steps to confirm the Order if authorised by the Secretary of State

(c)

delegated authority be given to the Director of Finance and the Director of Capital and Major Projects, in conjunction with the Director of Legal and Governance, to acquire and/or secure affected land and rights by agreement in parallel with the CPO, so that the scheme can be implemented;

(d)

the Director of Legal and Governance be authorised to sign and serve any Notices and documents and together with the Executive Director, Place be authorised to take all the necessary action to give effect to these recommendations;

(e)

as soon as the Order is confirmed by the Secretary of State to advertise the confirmation of the CPO and serve all necessary notices of confirmation and once the CPO becomes operative, the Director of Legal and Governance be authorised to serve Notices to Treat under Section 5 of the Compulsory Purchase Act 1965, and where necessary, to serve Notices of Entry under Section 11 of the same Act in respect of the land included in the Order, or to execute general vesting declarations under the Compulsory Purchase (Vesting Declarations) Act 1981; and

(f)

it be noted that a Capital Approval submission will be brought forward for the acquisition of the land.

11.3

Reasons for Decision

11.3.1

The use of the CPO to acquire the Order Land required for the Scheme is possible under the Highways Act 1980, and would be justified in the light of a compelling case in the public interest for the acquisition of the Order Land to enable the delivery of the Chesterfield Road Key Bus Route Improvement Scheme.

11.3.2

Where the Council propose to make a CPO under these statutory provisions, the Council must be satisfied that the development is likely to contribute to the achievement of one or more of the following objectives, namely the promotion or improvement of the economic, social or environmental wellbeing of their area.

11.3.3

It is considered that there is a compelling case in the public interest to justify the Council using its CPO powers to acquire the Order Land because the implementation of this Scheme will reduce congestion and delays around this busy section of the network, improving service reliability for buses, conditions for economic inward investment and contributing to reduced vehicle emissions.

11.4

Alternatives Considered and Rejected

11.4.1

Where it is known that the City Council requires land for the delivery of a scheme, an owner or occupier may be prepared to sell their interest, and consequently the Council can, in some cases, pursue an acquisition by agreement, without the requirement for a CPO.

11.4.2

An attempt to acquire, by agreement, the land and rights affected by the proposed scheme, prior to making a CPO has been considered as an alternative option. Negotiations continue and are encouraging but given that the Government’s current spending review period dictates that all funds for the scheme need to be spent by December 2017, it is imperative for the Council to ensure that if negotiations to acquire the affected land by agreement fail, then it and any rights necessary to deliver the scheme can be acquired before the funding ends. Running these negotiations in parallel with the CPO process is therefore considered the most appropriate option.

11.5

Any Interest Declared or Dispensation Granted

None

11.6

Reason for Exemption if Public/Press Excluded During Consideration

None

11.7

Respective Director Responsible for Implementation

Simon Green, Executive Director, Place

11.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing

11.1

The Executive Director, Place submitted a report in relation to the Chesterfield Road Key Bus Route Improvement Scheme Land Acquisition and Compulsory Purchase Order.

11.2

RESOLVED: That:-

(a)

authority be given for the Council to make a Compulsory Purchase Order (CPO) under the powers conferred by the Highways Act 1980 to acquire the land coloured pink and occupy temporarily during the period of the works the land coloured blue on the map displayed at the meeting of the Cabinet on 16 September 2015 and marked ‘Map referred to in the City of Sheffield (Chesterfield Road) (Chesterfield Road Key Bus Route (Classified Road, A61) Compulsory Purchase Order 2015’;

(b)

delegated authority be given to the Director of Legal and Governance to authorise the CPO, to take all necessary procedural steps prior to and after the making of the CPO, to enable the CPO to be submitted to the Secretary of State for confirmation, including:

(a) finalising the attached draft Statement of Reasons;

(b) finalising the Schedule of Interests;

(c) serving notices of the making of the CPO on all persons entitled to such notice and placing necessary press notices; and

(d) taking all necessary steps to confirm the Order if authorised by the Secretary of State;

(c)

delegated authority be given to the Director of Finance and the Director of Capital and Major Projects, in conjunction with the Director of Legal and Governance, to acquire and/or secure affected land and rights by agreement in parallel with the CPO, so that the scheme can be implemented;

(d)

the Director of Legal and Governance be authorised to sign and serve any Notices and, documents and together with the Executive Director, Place, be authorised to take all the necessary action to give effect to these recommendations;

(e)

as soon as the Order is confirmed by the Secretary of State, the Director of Legal and Governance be authorised to advertise the confirmation of the CPO and serve all necessary notices of confirmation and once the CPO becomes operative, to serve Notices to Treat under Section 5 of the Compulsory Purchase Act 1965, and where necessary, to serve Notices of Entry under Section 11 of the same Act in respect of the land included in the Order, or to execute general vesting declarations under the Compulsory Purchase (Vesting Declarations) Act 1981; and

(f)

it be noted that a Capital Approval submission will be brought forward for the acquisition of the land.

11.3

Reasons for Decision

11.3.1

The use of the CPO to acquire the Order Land required for the Scheme is possible under the Highways Act 1980, and would be justified in the light of a compelling case in the public interest for the acquisition of the Order Land to enable the delivery of the Chesterfield Road Key Bus Route Improvement Scheme.

11.3.2

Where the Council propose to make a CPO under these statutory provisions, the Council must be satisfied that the development is likely to contribute to the achievement of one or more of the following objectives, namely the promotion or improvement of the economic, social or environmental wellbeing of their area.

11.3.3

It is considered that there is a compelling case in the public interest to justify the Council using its CPO powers to acquire the Order Land because the implementation of this Scheme will reduce congestion and delays around this busy section of the network, improving service reliability for buses, conditions for economic inward investment and contributing to reduced vehicle emissions.

11.4

Alternatives Considered and Rejected

11.4.1

Where it is known that the City Council requires land for the delivery of a scheme, an owner or occupier may be prepared to sell their interest, and consequently the Council can, in some cases, pursue an acquisition by agreement, without the requirement for a CPO.

11.4.2

An attempt to acquire, by agreement, the land and rights affected by the proposed scheme, prior to making a CPO, has been considered as an alternative option. Negotiations continue and are encouraging but given that the Government’s current spending review period dictates that all funds for the scheme need to be spent by December 2017, it is imperative for the Council to ensure that if negotiations to acquire the affected land by agreement fail, then it and any rights necessary to deliver the scheme can be acquired before the funding ends. Running these negotiations in parallel with the CPO process is therefore considered the most appropriate option.