The report of the Strategic Director of place (Document “BF”) updates the Executive on the development of a series of junction upgrades which are to be delivered as part of the West Yorkshire Transport Fund’s Corridor Improvement programme. As part of this programme the outer ring road junctions of Great Horton Road/Horton Grange Road, Thornton Road/Cemetery Road and Toller Lane / Whetley Hill are to have major upgrades to improve traffic flow on the outer ring road.

As part of the upgrade proposals each of these schemes will require the acquisition of properties to deliver the proposed improvement. This report therefore seek approval in principle from Executive for the Council to use its Compulsory Purchase Order (CPO) powers to acquire the land needed should acquisition by private treaty fail together with arrangements for implementation of associated side roads orders and traffic regulation orders.

Recommended -

(1)       That the Executive is satisfied that the schemes referred to in this report, being part of the Council’s Corridor Improvement Programme, are 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 schemes 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;

(2)       That in principle a Compulsory Purchase Order to be made for each of the following schemes -

a)     The City of Bradford Metropolitan District Council (Great Horton Road and Horton Grange Road, Bradford) (Highway Junction Improvement Scheme) Compulsory Purchase Order 2019, in respect of the land shown shaded pink on Plan A annexed hereto;  

b)     The City of Bradford Metropolitan District Council (Thornton Road and Cemetery Road, Bradford) (Highway Junction Improvement Scheme) Compulsory Purchase Order 2019, in respect of the land shown shaded pink on Plan B annexed hereto;

c)     The City of Bradford Metropolitan District Council (Toller Lane and Whetley Hill, Bradford) (Highway Junction Improvement Scheme) Compulsory Purchase Order 2019, in respect of the land shaded pink on Plan C annexed hereto 

           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 under 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 buildings shown shaded pink on the plans annexed hereto, relating to the three highway improvement schemes, described above.

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

a)    Make  a final decision on whether Compulsory Purchase Orders should be made in respect of each of the proposed highway schemes outlined above, provided that the Strategic Director: Place and the Portfolio Holder for Regeneration, Planning and Transport are both satisfied that

·         that there are or are likely to be no planning obstacles to the implementation and completion of each of the highway schemes;

·         that there is or is likely to be available sufficient funds to meet all costs associated with an individual highway scheme;

·         that there is little or no prospect of all the land needed for each of the individual highway schemes being acquired by voluntary negotiations;

·         that due regard has been given to compliance with all relevant human rights and public sector equality requirements in the formulation of an individual highway scheme and in conducting negotiations;

·         that there are no impediments to the implementation and completion of an individual scheme; and

·         that an individual scheme is in the public interest and can be justified on highway management grounds.

b)   Determine the exact power to make the aforementioned Compulsory Purchase Orders and if necessary to make minor or technical amendments to each Compulsory Purchase Order.

c)    Modify and settle for each highway junction improvement scheme, the draft “Statement” to justify the use of compulsory purchase powers, the Compulsory Purchase Order Map and Schedule and all other legal documentation necessary to support and accompany each of the Compulsory Purchase Orders to the Secretary of State for Transport  for confirmation;

d)   Approve agreements with landowners setting out the terms for withdrawal of any objections to the Compulsory Purchase Orders, including where appropriate, seeking exclusion of land from the Compulsory Purchase Orders;

e)    Confirm the Compulsory Purchase Orders, 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 any of the Compulsory Purchase Orders;

f)     Promote any modifications to the Compulsory Purchase Orders, if expedient to do so;

g)   Take all and any necessary action, as the case may be to continue or open negotiations with persons for the acquisition of land and to facilitate each of the individual highway junction improvement schemes and any other interests included in the Compulsory Purchase Orders and any other land needed for the schemes 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; 

h)   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 Compulsory Purchase Orders;

i)     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; and

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

(4)       That Executive confirms that all land acquired for the highway improvement schemes be held for highway purposes.

(5)       That Executive delegate consideration of any objections to the associated traffic regulation orders to the Strategic Director of Place in consultation with the Portfolio Holder.

(Regeneration and Environment Overview &Scrutiny Committee)

                                                                        (Richard Gelder – 01274 437603)

The report of the Strategic Director of Place (Document “BF”) updated the Executive on the development of a series of junction upgrades which were to be delivered as part of the West Yorkshire Transport Fund’s Corridor Improvement programme. As part of this programme the outer ring road junctions of Great Horton Road/Horton Grange Road, Thornton Road/Cemetery Road and Toller Lane / Whetley Hill were to have major upgrades to improve traffic flow on the outer ring road.

As part of the upgrade proposals each of these schemes would require the acquisition of properties to deliver the proposed improvement. The report therefore sought approval in principle from Executive for the Council to use its Compulsory Purchase Order (CPO) powers to acquire the land needed should acquisition by private treaty fail together with arrangements for implementation of associated side roads orders and traffic regulation orders.

He introduced the report that gave details of the scheme, set out risks and options and how objections were proposed to be dealt with.

The Regeneration, Planning and Transport Portfolio Holder thanked officers for their work on the schemes.  He emphasised that the proposals would deliver junction upgrades to address congestion on the outer ring road that had been needed for a considerable length of time.  He added that officers would continue to engage with land owners regarding the acquisition of land.

The Strategic Director explained that the proposals included dedicated cycle facilities and pedestrian crossing facilities.  He added that officers were working with the Combined Authority and bus company to rationalise the number of bus shelters to realise the full benefit of the provision of additional traffic lanes.  He noted that new LED lighting would improve visibility.  The junction improvements would reduce the number of vehicles idling at junctions that would improve air quality. It was noted that a high level of assessments of air quality and a detailed evidence base were required by the Combined Authority.  High level monitoring of the impact of the scheme would be undertaken. 

The Portfolio Holder anticipated that improved bus routes would encourage more use of buses. 

Resolved -

(1)       That the Executive is satisfied that the schemes referred to in this report, being part of the Council’s Corridor Improvement Programme, are 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 schemes 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;

(2)       That in principle a Compulsory Purchase Order to be made for each of the following schemes -

a)     The City of Bradford Metropolitan District Council (Great Horton Road and Horton Grange Road, Bradford) (Highway Junction Improvement Scheme) Compulsory Purchase Order 2019, in respect of the land shown shaded pink on Plan A annexed hereto;  

b)     The City of Bradford Metropolitan District Council (Thornton Road and Cemetery Road, Bradford) (Highway Junction Improvement Scheme) Compulsory Purchase Order 2019, in respect of the land shown shaded pink on Plan B annexed hereto;

c)     The City of Bradford Metropolitan District Council (Toller Lane and Whetley Hill, Bradford) (Highway Junction Improvement Scheme) Compulsory Purchase Order 2019, in respect of the land shaded pink on Plan C annexed hereto 

           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 under 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 buildings shown shaded pink on the plans annexed hereto, relating to the three highway improvement schemes, described above.

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

a)    Make  a final decision on whether Compulsory   Purchase Orders should be made in respect of           each of the proposed highway schemes outlined    above, provided that the Strategic Director: Place             and the Portfolio Holder for Regeneration,     Planning and Transport are both satisfied that

·         that there are or are likely to be no planning obstacles to the implementation and completion of each of the highway schemes;

·         that there is or is likely to be available sufficient funds to meet all costs associated with an individual highway scheme;

·         that there is little or no prospect of all the land needed for each of the individual highway schemes being acquired by voluntary negotiations;

·         that due regard has been given to compliance with all relevant human rights and public sector equality requirements in the formulation of an individual highway scheme and in conducting negotiations;

·         that there are no impediments to the implementation and completion of an individual scheme; and

·         that an individual scheme is in the public interest and can be justified on highway management grounds.

b)   Determine the exact power to make the    aforementioned Compulsory Purchase Orders and if necessary to make minor or technical amendments to each Compulsory Purchase Order.

c)    Modify and settle for each highway junction        improvement scheme, the draft “Statement” to justify the use of compulsory purchase powers,      the Compulsory Purchase Order Map and       Schedule and all other legal documentation necessary to support and accompany each of the          Compulsory Purchase Orders to the Secretary of State for Transport  for confirmation;

d)   Approve agreements with landowners setting out the terms for withdrawal of any objections to the Compulsory Purchase Orders, including where appropriate, seeking exclusion of land from the     Compulsory Purchase Orders;

e)    Confirm the Compulsory Purchase Orders, 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 any of the Compulsory             Purchase Orders;

f)     Promote any modifications to the Compulsory   Purchase Orders, if expedient to do so;

g)   Take all and any necessary action, as the case may be to continue or open negotiations with persons for the acquisition of land and to facilitate each of the individual highway junction   improvement schemes and any other interests included in the Compulsory Purchase Orders and any other land needed for the schemes 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; 

h)   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 Compulsory Purchase Orders;

i)     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; and

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

(4)       That Executive confirms that all land acquired for the highway improvement schemes be held for highway purposes.

(5)       That Executive delegate consideration of any objections to the associated traffic regulation orders to the Strategic Director of Place in consultation with the Portfolio Holder.

ACTION:        Strategic Director of Place

(Regeneration and Environment Overview &Scrutiny Committee)