APPENDIX
2
Purpose
: For Decision
REPORT
TO THE CABINET
Date :
Title : HIGHWAY IMPROVEMENT,
REPORT OF THE CABINET MEMBER FOR RESOURCES,
AUDIT, AN EFFICIENT COUNCIL AND CUSTOMER
CHAMPION AND THE CABINET MEMBER FOR ENVIRONMENT, TRANSPORT AND PLANNING POLICY
IMPLEMENTATION DATE :
1.
That the Council resolves to make a Compulsory
Purchase Order under Section 240 of the Highway Act 1980. To acquire the land
described in this report, and to continue negotiations with landowners.
BACKGROUND
2.
The
3.
Periodic damage had occurred to the road over a
long period of time necessitating its realignment in the 1920s. In 2001 a major
landslide caused substantial damage to the highway. Four sections of the highway have been
identified as requiring remedial engineering works to reinstate the highway,
including moving the route inland at one location. The severe damage means that
this is the only technical solution and a ‘make do and mend’ approach is no
longer possible.
4.
The Council’s geotechnical consulting engineers,
High-Point Rendel, have undertaken detailed investigative works and their
proposals have subsequently secured planning consent. The land involved can be seen in the plan
annexed to this report. The Department
for Transport will fund the £12.88 million for this scheme, which is included
in its capital programme. However, this funding cannot be accessed until the
Council has secured landowner agreements for all lands to implement the scheme.
5.
In total there are eleven landowners involved,
one of which is the Isle of Wight Council.
Your Officers have been negotiating with the landowners to secure land
required to implement this scheme.
Written or verbal agreement has been reached with five landowners and
none have completed a binding agreement.
Some landowners are wholly against the scheme and believe it to be a
waste of Council resources. Other frontagers
have differing views as to land value.
6.
Given the current position of some landowners it
is increasingly likely that the Council will be unable to reach agreement by
negotiation. If this proves to be the
case then the Council is at risk of losing the funding allocated to it by the
Department for Transport. The loss of the opportunity to extend the life of the
A3055 would have very serious implications for the economy of Ventnor, the
7.
As this is an important highway scheme and
because the Council could potentially lose the funding to finance this work the
Council is being recommended to use statutory powers to purchase the land
needed for the scheme. Subject to approval by the Secretary of State the right
to acquire property by compulsion is vested in the Council as Highway Authority
through a confirmed Compulsory Purchase Order (CPO).
8.
Given that Council officers have been in
discussions with landowners affected by this proposed Order and whilst some are
not content with the Council’s proposals, it is considered that the local and
The
proposed Order is made up of 13 different plots in four areas along the
|
Land to be Acquired |
Extent, description and situation of the land |
Owners or reputed owners |
|
|
Number of Map |
Number on Map |
||
1
(Area 1)
|
1 |
Land
at The Orchard Estate, ·
5,794m² or thereabouts ·
Copse and meadow ·
Severely affected by
landslip. |
Mr R Etherington |
1
(Area 1) |
2 |
Land at Orchard Dene, ·
2,515m² or
thereabouts ·
·
Severely affected by
landslip |
Mrs S Goodman |
1
(Area 1) |
3 |
Land
at Orchard Close, Undercliff Drive. ·
32m² or
thereabouts ·
Small area of |
Mr M Goodman |
1
(Area 2) |
4 |
Land at Mirables, ·
6,366m² or
thereabouts ·
Copse land |
Mr and Mrs A Fish |
1
(Area 3) |
5 |
Land at Mirables, ·
2,125 square metres or
thereabouts ·
Copse land |
Mr and Mrs A Fish |
1
(Area 3) |
6 |
Land to the west of Undercliff Drive Nature Reserve ·
1,896 square metres or
thereabouts ·
Copse land |
Owner unknown |
1
(Area 3) |
7 |
Land at ·
4,206 square metres or
thereabouts ·
Copse land ·
Extremely close to
edge of landslip |
Hants and IW Wildlife Trust |
1
(Area 3) |
8 |
Land opposite ·
8,928 square metres or
thereabouts ·
Devastated by landslip ·
Former copse land |
Mr and Mrs S Twining |
1
(Area 3) |
9 |
·
2,243 square metres or
thereabouts ·
Directly adjacent and
affected by landslip |
Mr and Mrs C Mimms |
1
(Area 3) |
10 |
‘Woodington’, ·
4,496 square metres or
thereabouts ·
Entire property |
Mr and Mrs C Morris |
1
(Area 3) |
11 |
‘Timber’, ·
1,098 square metres or
thereabouts ·
Part of lower garden |
Mrs T Hall |
1
(Area 3) |
12 |
Old Park Hotel. ·
843 square metres or
thereabouts ·
Old track devastated
by landslip |
Mr and Mrs J Sharp |
1
(Area 4) |
13 |
Old Park Hotel. ·
4,086 square metres or
thereabouts ·
Dense copse ·
Affected by southern
ends of works |
Mr and Mrs J Sharp |
9.
Planning consent for this scheme was granted on
10.
The Undercliff Defence Committee comprising of it is
believed 6 local landowners has been formed and has stated in writing its
intention to seek a Judicial Review of the Planning Permission on various
grounds. The Council will seek to resist
this review. However, if the Judicial
Review is brought and results in the permission being quashed, the Council will
undertake the planning process once again.
11.
It is a fundamental policy contained within the UDP
(Policy TR12 – The Strategic Road Network) to “approve proposals which maintain
the effectiveness of the strategic road network which is presently defined as
follows: a) all existing A class roads”. The Council is of the view that if a fresh
planning application has to be submitted, this is likely to be successful,
therefore it is unlikely that the scheme will be blocked by any impediment to
implementation.
12.
The Undercliff is a sensitive area in terms of
planning use and includes areas designated as Areas of Outstanding Natural
Beauty (AONB) and Sites of Special Scientific Interest (SSSI).
13.
Transport is one of seven key themes that have
been identified in the development and implementation of the measures set out
in the Council’s Community Plan. The
transport theme is being led by the Quality Transport Partnership (QTP) who
look to see how transport on the
14.
The Council use this
15.
By approving this request to initiate compulsory
purchase proceedings the Council will, should the order be confirmed, be able
to implement this scheme and help achieve the goals and objectives set out in
both the regional and national policies as set out above.
CONSULTATION
16.
Consultation has taken place with the local Town
and Parish Council, local Members and Officers.
The Council’s consultants have also held public meetings and an
exhibition, most recently in January 2005 at the Ventnor Winter Gardens, where
local residents were invited to raise their concerns and issues regarding the proposal
and The Environment Agency and English Nature have also been consulted
throughout the planning process as were the AONB Unit.
FINANCIAL/BUDGET
IMPLICATIONS
17.
Compulsory Purchase Orders can be a costly
process and it is almost impossible to predict the time it will take to reach
conclusion. The CPO process is detailed
below.
18.
The Council has already approved the spending of
over £1 million on the design, advice and planning for the scheme. Should the
Council not proceed with this proposal then this money will be abortive and
will need to be funded from our own resources as access to the £12.88 million
allocated by the Department for Transport, which was intended to cover such
costs, will be lost.
19.
A confirmed Compulsory Purchase Order will
enable the Council to proceed with the scheme.
This will incur both construction and acquisition costs. Construction costs are anticipated to be in
the region of £12.5 million with acquisition costs estimated at £550,000. In
addition, there will be legal fees incurred estimated to be in the region of
£4,000 with the possibility of additional legal fees being awarded to the
landowners by a Lands Tribunal. The majority of these costs will be paid for
out of the funding granted by the Department for Transport. However, this funding was determined without
the consideration that a CPO would be required, and a supplementary bid may
need to be submitted once greater detail is known.
20.
Planning consent for the scheme that forms the
CPO must be in place before the Council can make an application for the
Order. The application must be made on
Form 1 in accordance with the Compulsory Purchase of Land Regulations 1994. The form is then submitted to the confirming
authority and must include a Statement of Reasons.
21.
A Statement of Reasons details the reasons
behind the requirement of a CPO. The
process that your officers and Highpoint Rendel have gone through to achieve
planning consent has proved an excellent case for the reinstatement of
22.
Notices must be placed in local newspapers for
at least two weeks and allow at least 21 days for objections to be
submitted. Similarly, landowners affected
by the scheme must be served notices and allowed at least 21 days to object.
23.
If no objections are made or are withdrawn the
Order can be confirmed. However, given
the difficulties encountered in the negotiation process it is unlikely that
this application will not receive any objections.
24.
If objections are received it is usual practice
for the application to go to a public local enquiry unless a Compensation
Tribunal can resolve the objections.
LEGAL
IMPLICATIONS
25.
A Compulsory Purchase Order application can be
made whilst negotiating with landowners in parallel.
26.
The confirming Act that provides the Council with
the power to make a Compulsory Purchase Order is the Highway Act 1980.
Procedural advice can be found under the Acquisition of Land Act 1981.
27.
Should the proposed Judicial Review result in
the planning consent being quashed then the Council will need to go through the
planning process once more. However
provided it can be demonstrated that there is a reasonable prospect of the
scheme going ahead, within a reasonable timescale, the fact that a planning
consent may not be in place at the time confirmation of the CPO is sought from
the Secretary of State will not prevent the order being so confirmed.
28.
Consideration has been given to the rights set out
in Article 8 (Right to Privacy) and Article 1 of the First Protocol
(Right to Peaceful Enjoyment of Possessions) of the European Convention on
Human Rights. The impact this proposal
may have on the owners/occupiers of the land in question and other third
parties have been carefully considered.
29.
There will be interference with the rights of the
various landowners to varying degrees. However, having regard to the public interest
in the Highway Reinstatement Scheme and the economic and environmental
improvements that will result, together with the assistance and compensation
that will be given to those displaced or affected, it is considered that the
degree of interference is proportional to the legitimate aim of the Council and
is in the public interest.
30.
There are no Crime and Disorder issues apparent
in respect of this scheme and purpose of this report.
OPTIONS
(a)
That the Council resolves to make a Compulsory
Purchase Order under Section 240 Highway Act 1980. To acquire the land
described in this report, and to continue negotiations with landowners.
(b)
To continue with negotiations and hope for a
successful conclusion by agreement.
(c)
To look at an alternative route.
(d)
Do nothing.
31.
The initiation of CPO proceedings will have
costly implications for the Council and approval of the application is not
guaranteed. Receiving a notice that a
CPO has been served may encourage the landowners to negotiate terms for the
land by agreement.
32.
Although negotiations for the remainder of land
required are on going there is a risk not initiating a CPO now. Should Officers be unable to agree terms in
say, 6 months time, then a CPO would still be required and we would be in
exactly the same position as we are now delaying the matter further.
33.
Negotiations will continue regardless of the
outcome of this report. However,
negotiations have already been protracted and may continue to be so. The initiation of CPO proceedings will
emphasise the Council’s intent to undertake this scheme.
34.
To do nothing will jeopardise this scheme and
its funding and no doubt lose the potential to reinstate Undercliff Drive, St
Lawrence for many years if ever at all.
35.
In addition to this, to do nothing will lose the
36.
Consideration has been given to look at
alternative routes, including one that provides a bypass north of Niton. This
was assessed and costed during the bidding process to Government Office of the
South East (GOSE) and the cost of the alternative route was far in excess of
the current scheme. In addition to this, works would still be required in areas
1, 2 and 4 to maintain access for local residents.
|
RECOMMENDATIONS 37.
That the Council resolves to make a Compulsory
Purchase Order under Section 240 of the Highway Act 1980. To acquire the land
described in this report, and to continue negotiations with landowners. |
BACKGROUND
PAPERS
Acquisition
of Woodington – Executive,
Contact
Point : Kevin Gillett, Valuation
Surveyor, Property Services F 823467
|
MR T
FLOWER Head
of Property Services |
CLLR
J WOOD Portfolio Holder for Resources, Audit, an Efficient Council and Customer ChampionCLLR WARD Cabinet Member for
Environment Transport and Planning Policy |