Decision details

Purchase land (CPO) and seeking an approval for a funding increase.

(a)           That full funding for the stabilisation scheme be approved with the additional funding achieved through reprofiling the existing Highway budgets for the financial years 2025/26 and 2026/2027.

(b)           That Cabinet authorise the use of the Council’s powers of compulsory acquisition under section 102, 239, 249 and 250 of the Highways Act 1980 and the Acquisition of Land Act 1981 and such other powers as may be appropriate to secure a compulsory purchase order (‘the CPO’) to acquire:

·       All land, interests, and rights in respect of the areas of land shown edged red and shaded pink on the Order map at Appendix D of the report to Cabinet - 9 July 2024 and

·       New rights over the land shown edged red and shaded blue on the Order map at Appendix D of the report to Cabinet - 9 July 2024

(c)           That authority be delegated to the Interim Lead for Place (including any officer nominated by them):

·       To take all necessary steps to secure he preparation, making and submission to the Secretary of State for Transport or the confirmation and implementation of the CPO including (but not limited to) drafting and publishing the Statement of Reasons; the publication, advertisement, notification and service of all necessary notices; the investigation of and responses to objections; and the presentation of the Council’s case at any public inquiry or other examination procedure.

·       To continue to negotiate to acquire the necessary land and new rights by agreement and to acquire the same by private treaty if agreement can be reached.

·       To make minor amendments, modifications, and deletions to the CPO and/ or the Order Map including (but not limited to) to the land or new rights required should this be considered appropriate.

·       If the CPO is confirmed, they take all necessary steps including (but not limited to ) to advertise the confirmation, of the CPO and serve all necessary notices of the confirmation and once the CPO becomes operative to execute General Vesting Declarations under the Compulsory Purchase (Vesting Declarations) Act 1981 and/ or to serve all necessary notices including serving Notices to Treat and Notices of Entry following confirmation of the CPO if required so that the land subject to the CPO vests in the Council.

·       To take all steps in relation to any leal proceedings relating to the CPO including defending or settling claims referred to the Upper Tribunal and/or applications to the courts and any appeals.

Reason for the decision

To deliver the stabilisation scheme approved by Cabinet.

The impact of a major slope failure would be high in respect of health and safety and financial implications. Possible consequences included loss of life, multiple major injuries, and legal action. There would also be reputational damage, impact on service delivery and disruption to the highway network affecting a key north-south route. Negotiations had taken place over a considerable amount of time, and it had not so far been possible to reach a formal agreement.

Compulsory purchase powers were therefore sought to enable the scheme to progress.