Agenda item

The Board considered a report of the Strategic Director – Environment seeking authority to make Compulsory Purchase Orders (“CPOs”) to acquire all necessary interests in and rights over land in Widnes and land in Runcorn, and to enable the works described in the previous report before this meeting to be carried out, operated and maintained and to make Side Road Orders (“SROs”) in order to facilitate the Mersey Gateway Project.

It was noted that considerable progress had been made in respect of the preparation of the CPO. This included the appointment of Land Referencing Agents (Persona Associates) who were carrying out title investigations and site enquiries and who had prepared notices for service under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 to requisition ownership information from all parties likely to be affected by the Mersey Gateway Project; and the appointment of specialist agents (G.V.A. Grimley) to use the land ownership information to progress negotiations with affected parties.

Whilst negotiations would continue, given the number of interests involved, it was not considered possible to acquire all interest in land required for the Project on acceptable terms within a satisfactory timescale. This meant that the only practical way of ensuring that all necessary land and rights were brought into the Council’s ownership with clean title, and the necessary works could be carried out to enable the Mersey Gateway Project to proceed, was by progressing the CPOs and SROs.

It was proposed to make two CPOs – one for the land and rights required in Widnes and one for the land and rights required in Runcorn – under the Highways Act 1980. It was also proposed to make SROs under the Highways Act 1980.

It was noted that the Office of the Deputy Prime Minister Circular 06/2004 stated that “a Compulsory Purchase Order should only be made where there is a compelling case in the public interest”. The benefits of the Mersey Gateway Project and the case for the CPOs  had been set out in the previous report and it was considered that the CPOs and associated SROs were considered to be in the public interest.

Implications in terms of the Human Rights Act 1998 were outlined for the Board’s consideration. In addition, information in respect of the consultation procedure carried out to date was provided. It was anticipated that the making of the CPOs would  encourage affected parties to enter into, and actively progress, negotiations to agree terms for compensation and/or relocation.

Reason for Decision

The recommended decisions were required to support the delivery of Mersey Gateway.

Alternative Options Considered and Rejected

Alternative options for securing the powers to construct, maintain and operate Mersey Gateway had been assessed and rejected.

Implementation Date

The recommended decisions were required before the next phase of the statutory process took place in May 2008.

RESOLVED: That:

i)            authority be given for the Council to make CPOs under the powers conferred by Sections 239, 240, 246, 249, and 250 of the Highways Act 1980 (summarised in the table in Appendix 1) to acquire the interests in and rights over land shown on the plans available at the meeting. Similarly, land acquired by agreement should be included in such CPOs for the purpose of overriding covenants and other third party rights in accordance with s260 Highways Act 1980;

ii)            authority be given for the Council to make SROs under section 14 of the Highways Act 1980 in order to stop up or divert or otherwise alter or improve highways which cross, enter or are otherwise affected by the classified roads to be constructed or improved as part of the Mersey Gateway Project and to provide new highways and/or new means of access to premises as required;

iii)        the Chief Executive be authorised to settle the areas subject to the CPOs in accordance with the plans available at the meeting and confirm the roads to be subject to the SROs and also to settle any documentation required for the CPOs and the SROs including the Statement of Reasons for the CPOs which should be based upon the terms of this report and the overarching report before this meeting;

iv)        the Operational Director and Monitoring Officer (Legal, Organisational Development and Human Resources) be authorised to make the CPOs and the SROs and to take all necessary procedural steps prior to and after the making of the CPOs and SROs, including the submission of the CPOs and SROs to the Secretary of State for confirmation, together with the preparation and presentation of the Council's case at any public inquiry;

v)         the Operational Director and Monitoring Officer (Legal, Organisational Development and Human Resources) be authorised to sign and serve any notices or documents necessary to give effect to these recommendations and to take all other actions necessary to give effect to these recommendations; and

vi)        the Operational Director and Monitoring Officer (Legal, Organisational Development and Human Resources) be authorised as soon as the CPOs and SROs are confirmed by the Secretary of State to advertise their confirmation, to serve and publish all necessary notices of confirmation and, once the CPOs become operative, to take all necessary procedural steps to acquire the interests in and new rights over land included in the confirmed CPOs including the service of Notices to Treat under Section 5 of the Compulsory Purchase Act 1965, Notices of Entry under Section 11 of the CPA 1965 and the execution of General Vesting Declarations under the Compulsory Purchase (Vesting Declarations) Act 1981.