SUMMARY/PURPOSE
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 A3055 Undercliff Drive is an important section of
the Island’s highway infrastructure that links the West Wight to the coastal
towns of Ventnor, Shanklin and Sandown.
It is also a vital part of the tourist route around the Island.
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
Islands tourist industry and the highway network, quite apart from the
environmental impact to properties on the alternative route. It is therefore proposed to initiate formal
procedures in parallel with negotiations.
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 Island wide
benefits of reinstating the Undercliff Drive on balance outweigh their concerns.
DESCRIPTION, LOCATION AND PRESENT USE OF THE LAND
The
proposed Order is made up of 13 different plots in four areas along the
Undercliff Drive. Plans showing the
land required under this Order can be seen in Appendix 1. Map 1 referred to in the table below will be
displayed at the Cabinet Meeting.
|
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, Undercliff Drive. ·
5,794m² or thereabouts ·
Copse and meadow ·
Severely affected by
landslip. |
Mr R Etherington |
1
(Area 1) |
2 |
Land at Orchard Dene, Undercliff Drive. ·
2,515m² or
thereabouts ·
Garden of Orchard Dene ·
Severely affected by
landslip |
Mrs S Goodman |
1
(Area 1) |
3 |
Land
at Orchard Close, Undercliff Drive. ·
32m² or
thereabouts ·
Small area of garden
of Orchard Close |
Mr M Goodman |
1
(Area 2) |
4 |
Land at Mirables, Undercliff Drive. ·
6,366m² or
thereabouts ·
Copse land |
Mr and Mrs A Fish |
1
(Area 3) |
5 |
Land at Mirables, Undercliff Drive. ·
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 Undercliff Drive Nature Reserve. ·
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 Undercliff Drive Nature Reserve. ·
8,928 square metres or
thereabouts ·
Devastated by landslip ·
Former copse land |
Mr and Mrs S Twining |
1
(Area 3) |
9 |
Undercliff Glen Caravan Park. ·
2,243 square metres or
thereabouts ·
Directly adjacent and
affected by landslip |
Mr and Mrs C Mimms |
1
(Area 3) |
10 |
‘Woodington’, Undercliff Drive. ·
4,496 square metres or
thereabouts ·
Entire property |
Mr and Mrs C Morris |
1
(Area 3) |
11 |
‘Timber’, Undercliff Drive. ·
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 |
PLANNING IMPLICATIONS
9.
Planning consent for this scheme was granted on 15th
February 2005 and involved consultation with bodies including The Environment
Agency, English Nature, the AONB Unit and Town and Parish Councils. In seeking a CPO the Council must be able,
as part of demonstrating that there is a reasonable prospect of the scheme going
ahead, to show that it is unlikely to be blocked by any impediment to
implementation.
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).
STRATEGIC CONTEXT
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 Island can be improved, including integration and
accessibility and reduce accidents and congestion.
14.
The Council use this information in conjunction with
the Local Transport Plan (LTP). The LTP takes into account a range of existing
national, regional and European policy, including Planning Policy Guidance 13
for Transport and Regional Planning Guidance 9, and considers the A3055 to be a
route of strategic significance to the Island.
The LTP funding recognises this is a scheme of national importance
because it had to bid in competition with other authorities.
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.
THE COMPULSORY PURCHASE ORDER PROCESS
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 Undercliff
Drive. This will be of considerable
help in getting a Compulsory Purchase Order confirmed.
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.
HUMAN RIGHTS IMPLICATION
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.
CRIME AND DISORDER IMPLICATIONS
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.
EVALUATION/RISK MANAGEMENT
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
Island an important tourist route used by both tourists and businesses alike.
The impact on the smaller, local businesses could potentially force them to
close down. This scheme is also vital to provide management of the water flows
at the Undercliff, without which, the winter peaks that have previously caused
so much damage could become more frequent.
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
A3055
Undercliff Drive Remediation Proposals – September 2003
A3055
Undercliff Drive Environmental Statement – July 2004
Acquisition
of Woodington – Executive, 15th December 2004
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 Champion CLLR WARD Cabinet Member for
Environment Transport and Planning Policy |
