Decision details

USE OF COMPULSORY PURCHASE POWERS - BELGRAVE GATE AND MANSFIELD STREET LINK ROAD AND IMPROVEMENT SCHEME

Decision Maker: City Mayor (Individual Decision)

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

To declare and make any Compulsory Purchase Order (CPO) to acquire any property interests and rights not already acquired, which are required for the delivery of the above mentioned scheme, and to underwrite the expected future funding earmarked for the scheme as necessary.

Decision:

1.         The City Council declare and subsequently make a Compulsory Purchase Order pursuant to Sections 239, 240 and 250 contained within Part XII of the Highways Act 1980, Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and the Acquisition of Land Act 1981 for the purpose of acquiring the land and rights identified in the plan in Appendix 1, which is required to successfully carry out the Belgrave Gate & Mansfield Street Link Road & Improvement Scheme.

 

2.         The formal making of the Order will be subject to the Council ensuring that all reasonable steps have been taken to acquire the required interests in the land by agreement.

 

3.         Authority is given for an increase of £2.5m in the capital programme for the North City Centre Access Improvement Programme, relating to the Belgrave Gate and Mansfield Street Link Road and Improvement Scheme and improvements to surrounding streets, (making the overall expected cost to be around £8.5m); this increase to be funded by an anticipated s106 contribution.

 

4.         Authority is given for the underwriting (by prudential borrowing if necessary) of up to £4.5m to finance any potential shortfall in funding of the scheme caused by Local Growth Fund and s106 monies not being confirmed as expected.

 

5.         The City Barrister & Head of Standards be authorised to advertise the making of the Order referred to above and take all relevant action thereon to promote the confirmation of the Order.

 

6.         The Director of Estates and Building Services be authorised:

 

i.          To agree terms to acquire the necessary interests within the CPO land, including those, if any, determined by the Upper Tribunal (Lands Chamber).

 

ii.         In the event that further decisions are required during and relevant to the CPO, to make those decisions.

 

7.         The City Barrister & Head of Standards is authorised to prepare and execute all the necessary documentation required throughout the CPO process, including the acquisition of land and interests by agreement.

Reasons for the decision:

To enable the acquisition of property and allocation of necessary funds required to implement the Belgrave Gate and Mansfield Street Link Road and Improvement Scheme.

Alternative options:

The acquisition by agreement of all property required to deliver the Scheme has been pursued. 

Publication date: 04/10/2017

Date of decision: 12/10/2017

Effective from: 20/10/2017

Accompanying Documents: