Lead Member – Councillor Dan Morris, Portfolio Holder for Highways

Lead Officer – Matt Johnson

RESOLVED:  to approve all recommendations in the report as set out at 3.1, 3.2, 3.1.1, 3.1.2 and 3.1.3 a – k  on pages 2 and 3 – available here:   Shrewsbury NWRR CPO Report

The Leader introduced the report on behalf of the Portfolio Holder for Highways and the Executive Director of Place provided assistance in responding to questions from members. 

RESOLVED:  to approve: 

3.1 subject to the grant of planning permission for the Scheme (hereafter referred to as “the Planning Permission”), to make a compulsory purchase order pursuant to the Council’s powers under Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 (as amended) to acquire land to construct a new highway in order to deliver the Scheme which in turn will contribute to the social and economic well-being of the Council’s administrative area; and to make a related side roads order pursuant to the Council’s powers under Sections 14 and 125 of the Highways Act 1980 (as amended).

3.2 to authorise, subject to the grant of the Planning Permission: 3.1.1 The Assistant Director of Legal and Governance to carry out the functions set out in (a), (b), (c), (d), (e), (f), (g), (h), (i), and (j) below;

 3.1.2 The Executive Director of Place to carry out the functions set out in (a), (b), (c), (d), (e), (f), (i), and (j) below; and

3.1.3 The Executive Director of Place to carry out the functions set out in (k) below

 a) To take all steps to secure the making, confirmation, and implementation of the CPO and SRO including the publication and service of all notices;
 b) To take all steps to prepare and present the Council’s case at any public inquiry called (or other procedure for determining the confirmation of the CPO and SRO) in relation to the CPO and SRO including the instruction of appropriately qualified Counsel;
 c) To identify and acquire all third party interests required to facilitate delivery of the Scheme either by agreement or compulsorily pursuant to the CPO (including pursuant to any blight notices as appropriate) including the conduct of negotiations and making provision for the payment of compensation;
d) To negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and/or the withdrawal Cabinet of objections to the CPO and/or undertakings not to enforce the CPO on specified terms, including where appropriate removing land or rights from the CPO and making provision for the payment of compensation;

e) In the event the CPO is confirmed by the Secretary of State, to advertise and give notice of confirmation and thereafter to take all steps to implement the CPO and acquire the Order Land including the making of a General Vesting Declaration(s) and/or service of Notices to Treat and Notices of Entry in respect of the acquisition of interests in the Order Land;

f) To prepare and serve any other notices, correspondence or applications necessary to acquire the Order Land, including (but not limited to) an application to the Secretary of State under s. 19 Acquisition of Land Act 1981 for the purchase of any open space which falls within the scope of the CPO Land;

g) To take all steps in relation to any legal proceedings relating to the CPO including defending or settling claims for compensation which are referred to the Upper Tribunal (Lands Chamber) and/or applications to the courts and any appeals or judicial reviews or statutory reviews;

h) To retain and/or appoint external professional advisers and consultants to assist in facilitating the promotion, confirmation and implementation of the CPO, the settlement of compensation and any other claims or disputes;

 i) To negotiate, execute and complete any documents required to give effect to the recommendations in this report;

j) To make any additions, deletions or amendments to the CPO Order, Map, or statement of reasons or other documents referred to in this report, so that such documents are an accurate reflection of the Council’s proposal and can be amended to the appropriate standard prior to submission of the application to the Secretary of State; and

k) To authorise the purchase at market value of land and premises included in compulsory purchase orders made by the Council or its predecessor councils, together with blight/purchase notices accepted by the Council, including payment of compensation in accordance with relevant legislation, subject to availability of funding within the Council’s capital programme, or from elsewhere.