Decision details

BRADFORD SHIPLEY ROUTE IMPROVEMENT SCHEME WEST YORKSHIRE PLUS TRANSPORT FUND PROJECT

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Recommended -

 

(1)       That the Executive approve the following recommendations:

 

(2)       That the Executive is satisfied that at this stage there is little or no prospect of the land and rights being acquired through voluntary means, that the proposed Bradford to Shipley Route Improvement Scheme is in the public interest and that any harm caused by the use of compulsory purchase powers to acquire and interfere with third party land and rights needed for the scheme is outweighed by the public benefits which the improvement  scheme will generate, having also taken into account at this stage, the Council`s statutory obligations under the Equality Act 2010 in relation to the differential impact a Compulsory Purchase Order might have on various groups of persons with protected different characteristics;

 

(3)       That in principle, the following Orders be made -

 

a)            The City of Bradford Metropolitan District Council (Bradford to Shipley Route Corridor) (Improvement Scheme) Compulsory Purchase Order 2020, pursuant to Sections 239, 240, 246, 250 and 260 of the Highways Act 1980; and Section 40 of the Road Traffic Regulation Act 1984 and Section 2 of the Acquisition of Land Act 1981 for the purpose of relieving or preventing congestion of traffic by providing off-street parking places together with means of entrance to and egress from them and Section 1 of the Localism Act 2011 and all other relevant and enabling powers to secure the compulsory acquisition of the land and rights needed to promote the scheme within the land shown edged red on the plan annexed hereto and displayed at the Executive and marked (Not for publication Appendix A) and as the case may be, the additional land shown edged red on the plan annexed hereto and displayed at the Executive and marked (Not for publication Appendix B).

 

b)            The City of Bradford Metropolitan District Council (Bradford to Shipley Route Corridor) (Improvement Scheme) (Side Roads) Order 2020, pursuant to Sections 14 and 125 of the Highways Act 1980.

 

(4)       That the Strategic Director: Place in consultation with the Portfolio Holder for Regeneration, Planning and Transport be granted delegated authority to:

 

            a)         Determine whether and the extent to which a CPO and Side Roads Order need to be made and submitted to the Secretary of State for Transport for confirmation, subject to being satisfied that there is sufficient justification to support the making of a CPO and Side Roads Order and that there is evidence that due diligence and governance has been correctly followed and observed in complying with all relevant statutory procedures, including but not limited to the Council’s statutory duties and obligations under human rights and public sector equality legislation;

 

            b)        vary and determine the exact statutory powers to make the CPO and Side Roads Order and if necessary, to make minor or technical amendments to each of the Orders to determine and settle the extent of the land needed to be included in the CPO and the extent of any associated highway alterations in the Side Roads Order, including varying and finalising the exact CPO boundary and highway alterations to be placed in the Side Roads Order;

 

            c)        modify and settle the draft “Statement of Reasons” to justify the use of compulsory purchase powers, the CPO Map and CPO Schedule and all other legal documentation necessary to support and accompany the CPO and Side Roads Order to the Secretary of State for Transport for confirmation;

 

            d)                    authorise if necessary, an application to be made to the Secretary of State for Housing, Communities and Local Government pursuant to Section 19: Acquisition of Land Act 1981 to obtain approval to include in the CPO any additional land needed to be acquired to replace land currently used for open space recreation, allotment land and any disused burial sites and any other special kinds of land where such statutory approval is needed to replace such land being lost as a result of the scheme;

 

            e)        approve agreements with landowners setting out the terms for withdrawal of any objections to the CPO, including where appropriate, seeking exclusion of land from the CPO and highway alterations from the Side Roads Order;

 

            f)         confirm the CPO if satisfied that it is appropriate to do so, in the event that the Secretary of State for Transport notifies the Council that the Council has been given the power to confirm the CPO;

 

            g)        promote any modifications to the CPO and Side Roads Order, if felt expedient to do so;

 

            h)        take all and any necessary action, as the case may be to continue or open negotiations with persons for the acquisition of land and rights needed to facilitate the scheme and any other interests included in the CPO and any other land and rights needed for the scheme and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation and to approve the purchase price, advance payments and all other compensation payments;

 

            i)          take all necessary steps in relation to any statutory blight proceedings instituted against the Council for the acquisition of land claimed to be blighted by the threat or presence of the CPO;

 

            j)                      take all necessary action, should the quantum of compensation flowing from the threat or use of compulsory purchase powers be in dispute and be referred to the Upper Tribunal (Lands Chamber) or other form of arbitration;

 

            k)        to take and do all things necessary or incidental to the implementation of the above resolutions; and

 

            l)          that all land acquired for the scheme be held for highway                         purposes.

 

 

Regeneration and Environment Overview & Scrutiny Committee                                                     (Richard Gelder – 01274 437603)

 

Publication date: 24/03/2020

Date of decision: 24/03/2020

Decided at meeting: 24/03/2020 - Executive

Accompanying Documents: