Decision Maker: Cabinet (Resources) Panel
Decision status: Recommendations approved
Is Key decision?: No
Is subject to call in?: Yes
This report is the open version detailing the
property acquisition details and approvals required to progress the
A454 City East Gateway Phases 1 and 2 (Willenhall Road)
1. That the Director of Resident Services be authorised to enter into negotiations for property acquisitions, operating within the financial parameters set out in the report.
2. That authority be delegated to the Cabinet Member for Environment and Climate Change in consultation with the Director of Resident Services to negotiate final terms for the acquisition of the properties identified in Appendix 2 (of the exempt report) within the financial parameters proposed and once budgetary approval has been secured.
3. That the Chief Operating Officer be authorised to:
a. Engage in the Compulsory Purchase Order (CPO) process if acquisitions by negotiation are unsuccessful.
b. Approve the appropriation of Council assets required to deliver the scheme to the transportation portfolio subject to securing funding and budgetary approval for the scheme.
4. That it be noted that a report from 2 April 2019 approved on-going discussions with interested parties and potentially affected landowners.
5. That it be noted that in making the property acquisition offers, these would operate within the financial parameters guided by the property valuation exercise. If the financial parameters are exceeded, the matter would be brought to the Cabinet (Resources) Panel for final approval.
6. That it be noted that approval to enter into and the commencement of negotiations places liability on the Council for legal costs incurred by impacted property owners. Such costs would be covered by the major scheme funding from the Department for Transport (DfT). However, if needed, development funding for the City Region Sustainable Transport Settlement (CRSTS) could be used.
7. That it be noted that the intention is to acquire by CPO under Section 226 of the Town and Country Planning Act 1990 / Section 239 of the Highways Act 1980 and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976, if negotiations to acquire are unsuccessful. If the pursuit of CPO powers is followed, a further report would be brought to the Cabinet (Resources) Panel.
Report author: Orla Duffey
Publication date: 16/11/2023
Date of decision: 15/11/2023
Decided at meeting: 15/11/2023 - Cabinet (Resources) Panel
Effective from: 21/11/2023