Agenda item

To consider a report of the Cabinet Member for Place Commissioned Services.

(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.

In the absence of the Cabinet Member responsible for this area, the Leader of the Council introduced the report and referred to the update sheet that was circulated to members prior to the meeting.

 

The Leader of the Council advised that this was an important long-standing issue for the community living alongside the C13 road and for those residents living parallel to the A350 route. He further advised that it was also an important long standing strategic issue for those residents, businesses and visitors traveling to, from and through Dorset using the north and south routes.

 

Members were reminded that Dorset Council had a legal obligation to provide a safe highway network across Dorset and it was essential to keep the travelling public as safe as was possible. It was important that the Council was aware and acted accordingly to mitigate risks.

 

Members were reminded that there was a risk of slope failure at Dinah’s Hollow along the C13 in North Dorset.  The Highways Team had been working on an engineering solution to reduce the risk and improve safety. The Leader of the Council advised that if the Council did not act there would be potential health and safety, and financial implications including reputational damage and impact to the highway network which would affect a key north-south route. Members were advised that the report before them was seeking support to take the Compulsory Purchase Order forward and approve the additional cost of the project.

 

The original funding of £4.493 million allocated from the Capital Programme Funds, for the project, had been set aside. However, the current cost estimate for delivering the scheme in 2025 was £8 million. Therefore, a further capital investment of £3.507 million was needed to deliver the scheme.

 

In response to non-executive member questions, the Head of Highways advised that in 2020/21 the Council was unable to negotiate the purchase of the land either side of the road. It was anticipated that the work would come under the full £8 million but preparation for unseen events had been factored into the budget. In respect of a question about permanently closing the road, Cabinet was advised that this process must be considered by a magistrate and would not be a decision of the local authority. It was also not considered to be a desirable option.

 

Cabinet supported the recommendation.

 

It was proposed by Cllr S Bartlett and seconded by Cllr R Biggs

 

Decision

 

(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.