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Issue - meetings

York Outer Ring Road –Phase 1 Dualling – Resolution for preparation of a Compulsory Purchase Order (CPO)

Meeting: 18/03/2021 - Executive (Item 113)

113 York Outer Ring Road Phase 1 Dualling - Resolution in principle to promote a Compulsory Purchase Order and associated Side Roads Order. pdf icon PDF 320 KB

The Assistant Director of Transport, Highways & Environment to present a report which seeks approval in principle to pursue a Compulsory Purchase Order and a Side Roads Order to acquire land required for Phase 1 of the York Outer Ring Road dualling and junction upgrade scheme, following completion of the procurement and consultation elements of the scheme.

 

Additional documents:

Decision:

Resolved:  (i)      That the general progress made on the YORR Phase 1 Dualling Scheme (the Scheme) be noted.

 

                   (ii)      That the principle of pursuing a CPO using powers contained in Part XII of the Highways Act 1980 to acquire the land required to deliver the Scheme (A19 Rawcliffe to A1036 Little Hopgrove) be approved.

 

Reason:     To enable officers to continue to prepare the documentation necessary to make the Order and, should continuing negotiations to acquire the land not be successful, to bring a report to a future Executive meeting requesting authority to make the Order.

 

                   (iii)     That the principle of pursuing a Side Roads Order under Sections 14 and 125 of the Highways Act 1980 to carry out works to the highway in association with the proposals for the CPO be approved.

 

                   (iv)    That authority be delegated to the Assistant Director of Transport, Highways & Environment to take all necessary steps to prepare to make the CPO referred to above, this delegation to include:

·        negotiation of easements and temporary rights where freehold ownership is not required e.g. for drainage purposes, or temporary occupation for the construction works; and

·        obtaining the release/extinguishment of, or variation of, any third party rights over affected land (for example a third party might have a right of way over land which needs to be acquired).

 

Reason:     To ensure that the council is in a position to make the Order as soon as practicable in the event that the making of a final Order is approved.

Minutes:

The Assistant Director of Transport, Highways & Environment presented a report which sought approval in principle to pursue a Compulsory Purchase Order (CPO) and a Side Roads Order (SRO) to acquire land required for Phase 1 of the York Outer Ring Road dualling and junction upgrade scheme (the Scheme).

 

Since the last report to Executive, on 25 June 2020, good progress had been made on the Scheme in respect of procurement, consultation and development of landscape principles.  The project team were now in a position to progress towards securing planning approval, acquiring as much of the required land as possible by private agreement, and developing a detailed design and business case.  Responses to consultation were still being evaluated and would be the subject of a further report.  Meanwhile, in-principle approval was sought for a CPO and SRO to enable preparations to be made should negotiations to acquire land by agreement fail.

 

In relation to comments made under Public Participation, officers and the Executive Member for Transport confirmed that the issues raised would be taken into account along with the responses to consultation.

 

Resolved:  (i)      That the general progress made on the YORR Phase 1 Dualling Scheme (the Scheme) be noted.

 

                   (ii)      That the principle of pursuing a CPO using powers contained in Part XII of the Highways Act 1980 to acquire the land required to deliver the Scheme (A19 Rawcliffe to A1036 Little Hopgrove) be approved.

 

Reason:     To enable officers to continue to prepare the documentation necessary to make the Order and, should continuing negotiations to acquire the land not be successful, to bring a report to a future Executive meeting requesting authority to make the Order.

 

                   (iii)     That the principle of pursuing a Side Roads Order under Sections 14 and 125 of the Highways Act 1980 to carry out works to the highway in association with the proposals for the CPO be approved.

 

                   (iv)    That authority be delegated to the Assistant Director of Transport, Highways & Environment to take all necessary steps to prepare to make the CPO referred to above, this delegation to include:

·        negotiation of easements and temporary rights where freehold ownership is not required e.g. for drainage purposes, or temporary occupation for the construction works; and

·        obtaining the release/extinguishment of, or variation of, any third party rights over affected land (for example a third party might have a right of way over land which needs to be acquired).

 

Reason:     To ensure that the council is in a position to make the Order as soon as practicable in the event that the making of a final Order is approved.


 

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