Resolved -

That the following recommendations be approved:

(1)       Support and approve the proposals including further       development as the preferred approach to the delivery of the A650   Tong Street Highway Improvement Project.

(2)       That the Strategic Director: Place be authorised to manage the             scheme programme as appropriate to meet changing           circumstances.

(3)       That the Strategic Director: Place be authorised to make any necessary applications to obtain planning permission for any aspect of the scheme that may require such consent.

(4)       That the Strategic Director: Corporate Resources be authorised to promote and take whatever action is necessary to submit the CPO and SRO to the Secretary of State for Transport for confirmation.

(5)       That further update reports are presented to Executive following approval of the Full Business Case by the DfT and / or West Yorkshire Combined Authority.

(6)       That the Executive is satisfied that the A650 Tong Street Highway Improvement Project is in the public interest and that any harm caused by the use of CPO/SRO  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 CPO/SRO might have on various groups of persons with protected different characteristics;

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

a.    The City of Bradford Metropolitan District Council (Tong Street, Bradford) (Highway Improvement Scheme) Compulsory Purchase Order 2022, pursuant to Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and Section 1 of the Localism Act 2011 and Section 40 of the Road Traffic Regulation Act 1984  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 all other relevant and enabling powers to secure the compulsory acquisition of such land and rights that are needed to promote the scheme.

b.    The City of Bradford Metropolitan District Council (Tong Street, Bradford) (Highway Improvement Scheme) (Side Roads) Order 2022, pursuant to Sections 14 and 125 of the Highways Act 1980.

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

a.    Progress and develop the scheme proposals through the DfT’s and West Yorkshire Combined Authority’s Assurance Processes and undertake consultation on scheme proposals.

b.    As may be required, secure the procurement of specialist external services having regard to the Council’s Contract Standing Orders and national procurement legislation in order to advice the Council on matters relating to the delivery of the A650 Tong Street Highway Improvement Project.

c.    Investigation of land ownership of land required for the delivery of the A650 Tong Street Highway Improvement Project.

d.    Undertake negotiation with land owners to secure by private treaty any land required outside of Council ownership for the delivery of the A650 Tong Street Highway Improvement Project.

e.    Where necessary, issue requisition notices requiring those believed to have an interest in relevant property to provide title information and details of their interest in land.

f.     Determine whether and the extent to which a CPO and SRO are needed  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 SRO  and that there is evidence that due diligence and probity of 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;

g.    vary and determine the exact statutory powers to make the CPO and SRO 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 SRO, including varying and finalising the exact CPO boundary and highway alterations to be placed in the SRO;

h.    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 SRO to the Secretary of State for Transport for confirmation;

i.     authorise if necessary, an application to be made to the Secretary of State for Levelling Up, Housing and Communities or any other appropriate Secretary of State 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;

j.     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 SRO;

k.    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;

l.     promote any modifications to the CPO and SRO if felt expedient to do so;

m.  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 SRO 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;

n.    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 or requests for the Council to exercise its statutory discretionary powers to acquire land and rights and any other interests on “hardship and compassionate” grounds 

o.    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;

p.    to take and do all things necessary or incidental to the implementation of the above resolutions; and

(9)       That all land acquired for the scheme be held for highway          purposes.

(Richard Gelder - 01274 437603)

ACTION: Strategic Director of Place