Agenda item

(To receive a report from the Interim Executive Director of Place, which seeks the Executive's approval to proceed with the making of the Compulsory Purchase Order and Side Roads Order for the Dunholme and Welton Junction Improvement Scheme)

1.    That Lincolnshire County Council make a Compulsory Purchase Order under sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and the Acquisition of Land Act 1981 generally in the form as set out in Appendices A and B to this report to secure the compulsory acquisition of the land shown coloured pink on the Order plans at Appendix C and the new rights over the land shown coloured blue on the said Order plans on the basis that there is a compelling case in the public interest for making this Order.

2.  That Lincolnshire County Council make a Side Roads Order under sections 14 and 125 of the Highways Act 1980 generally in the form as set out in Appendices D and E to this report to enable works to be carried out to existing highways and private means of access which are necessary to enable the Scheme to be built.

3.    That the draft Statements of Reasons for the above mentioned Orders set out in Appendix F be approved in principle.

4.    That authority be given to the Interim Executive Director for Place to make, if necessary, any minor or technical amendments to the Order referred to in paragraph (1) and (2) above or to the Statements of Reasons referred to in paragraph (3) above prior to publication of the Orders.

5.    That authority be given to the Chief Legal Officer to seal the Orders and to take all the ancillary or necessary steps, including the publication and service of all statutory notices and presentation of the County Council’s case at any Public Inquiry, to secure the confirmation of the Orders by the Secretary of State and the vesting of the land in the County Council.

6.    That authority be given to the Interim Executive Director for Place to request confirmation of the Order with modifications, if, in the light of new information, it appears expedient for the confirmation of the Order.

7.    That authority be given to the Chief Legal Officer to acquire all third party interests in the land and properties subject to the Compulsory Purchase Order (whether compulsorily or by agreement) on terms recommended by the Interim Executive Director for Place.

Consideration was given to a report on behalf of the Interim Executive Director for Place which sought the Executive's approval to proceed with making of the Compulsory Purchase Order and Side Road Orders for the Dunholme and Welton Junction Improvement Scheme.

The Executive Councillor for Highways and Transport stated that this junction was dangerous and that there had been numerous accidents.

The Senior Project Leader explained the scheme to the Executive, which included information on the consultations with local landowners and the proposed financial contribution being made to the scheme because of housing development in Dunholme and Welton.

The Chairman of the Overview and Scrutiny Management Board stated that the scheme had been considered and recommended for approval at a meeting of the Highways and Transport Scrutiny Committee.  The comments of the Committee were included in the report.

RESOLVED

(1)  That Lincolnshire County Council make a Compulsory Purchase Order under sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and the Acquisition of Land Act 1981 generally in the form as set out in Appendices A and B to the report to secure the compulsory acquisition of the land shown coloured pink on the Order plans at Appendix C and the new rights over the land shown coloured blue on the said Order plans on the basis that there is a compelling case in the public interest for making this Order.

(2)  That Lincolnshire County Council make a Side Roads Order under sections 14 and 125 of the Highways Act 1980 generally in the form as set out in Appendices D and E to this report to enable works to be carried out to existing highways and private means of access which are necessary to enable the Scheme to be built.

(3)  That the draft Statements of Reasons for the above mentioned Orders set out in Appendix F be approved in principle.

(4)  That authority be given to the Interim Executive Director for Place to make, if necessary, any minor or technical amendments to the Order referred to in paragraph (1) and (2) above or to the Statements of Reasons referred to in paragraph (3) above prior to publication of the Orders.

(5)  That authority be given to the Chief Legal Officer to seal the Orders and to take all the ancillary or necessary steps, including the publication and service of all statutory notices and presentation of the County Council’s case at any Public Inquiry, to secure the confirmation of the Orders by the Secretary of State and the vesting of the land in the County Council.

(6)  That authority be given to the Interim Executive Director for Place to request confirmation of the Order with modifications, if, in the light of new information, it appears expedient for the confirmation of the Order.

(7)  That authority be given to the Chief Legal Officer to acquire all third party interests in the land and properties subject to the Compulsory Purchase Order (whether compulsorily or by agreement) on terms recommended by the Interim Executive Director for Place.