Agenda item

To advise the Executive Member of receipt of a petition from residents in the Heworth area requesting the City Council to ensure that the link road between James Street and Heworth Green is completed.

RESOLVED:             That the Executive Member for City Strategy agrees to:

      i)Note the content of the petition, and ask officers to pursue negotiations with the developer.

ii) When the outcomes of the negotiations are known, a   further report on the financial and legal implications is submitted to a future meeting with the Executive Member for a decision to be considered on:

·                    Pursuing the developer’s signing of the Agreement requiring him to construct the remaining southern section of Phase 2 (P2S).

·                    Authorising the commissioning of the remaining stages of the design programme to enable P2S to be considered for inclusion in the 2009/10 capital programme.

iii)    Reply to the lead petitioner.

REASON:            To enable Officers to complete negotiations with the developer with a view to obtaining completion of the Link Road.          

The Executive Member considered a petition received from residents in the Heworth area of the city, requesting the City Council to ensure that the link road between James Street and Heworth Green was completed.

Officers reported that the final section of Phase 2 of the link road was effectively provided by the access road currently being constructed by Persimmon Homes to its ‘The Forum’ residential development off Heworth Green, which was nearing completion. The remaining southern section passed through land, which had outline planning permission for residential development and was currently owned by a private developer. Construction of this section of the link road was one of the conditions attached to any permission and negotiations were still ongoing as to how the site was to be developed.

In view of this the following options were suggested:

Option 1 - Pursue the developer’s signing of the Agreement requiring him to construct the remaining southern section of Phase 2 (P2S). Under this option, the Council is expected to make a contribution from the Local Transport Plan allocation for enhancing the minor access road that would have otherwise been constructed, to the desired standard for the link road.

If the developer decides not to proceed with the development (and the Council revokes the Planning Permission) then proceed with Option 2.

Option 2 - When the outcome of negotiations with the developer is known a further report on the financial implications is submitted to EMAP for a decision to progress the commissioning of the remaining stages of the design programme so that P2S can considered for inclusion in the 2009/10 capital programme.

Councillor Potter questioned whether compulsory purchase of the land required for the line of the road would be an option if negotiations were not successful. Officers confirmed that negotiations were still ongoing and this option could, if necessary, be considered at a later stage.

It was reported that Councillor D’Agorne supported the recommendations on the basis that the design of cycle facilities on Phase 2 was an improvement on those provided on Phase 1.

The Executive Member referred to the present economic situation and confirmed that it had always been the Council’s intention to ensure completion of the link road, at the expense of the developer, at the earliest possible date. He also confirmed that he would not be in favour of completing this work at Council taxpayers expense.

RESOLVED:             That the Executive Member for City Strategy agrees to:

i) Note the content of the petition, and ask officers to pursue negotiations with the developer. ¹.

ii) When the outcomes of the negotiations are known, a   further report on the financial and legal implications is submitted to a future meeting with the Executive Member for a decision to be considered on:

·                    Pursuing the developer’s signing of the Agreement requiring him to construct the remaining southern section of Phase 2 (P2S).

·                    Authorising the commissioning of the remaining stages of the design programme to enable P2S to be considered for inclusion in the 2009/10 capital programme.^2.

iii)    Reply to the lead petitioner. ^3.

REASON:            To enable Officers to complete negotiations with the developer with a view to obtaining completion of the Link Road.