Meeting documents

The Council has been successful in gaining "programme entry" approval from the Department for Transport, for the Bath Transportation Package of improvements. The scheme necessitates assembly of land held in multiple ownerships. To achieve certainty of delivery it may be necessary for the scheme to be supported by a compulsory purchase order ("CPO") or orders.

The CPO implementation process will only be exercised if it is considered to be necessary by the Divisional Director- Planning & Transport Services with the approval of the S151 Officer and Cabinet Member for Resources in respect of the financial matters expected to arise from the making of the CPO.

The Cabinet is asked to agree that:

(a) The Council shall make, as necessary, a CPO or CPO's under the Highways Act 1980, the Road Traffic Regulation Act 1984 and Acquisition of Land Act 1981 for the acquisition of land and new rights within the areas shown (by the red line for the land and by a blue for the temporary rights) on the plan attached at Appendix 1 and described generally in Appendix 2 for the delivery of the Bath Transportation Package

The section 151 officer will need to be satisfied at the time that a CPO is capable of being funded from within the project budget, before the CPO is formally implemented.

Management action will need to be taken as the project progresses to ensure that the financial implications are contained within the available budgets and sources of external funding.

This report is a process report only to enable the scheme to continue to progress and to ensure that the Council's intent to deliver the project is clear to landowners.

3 HUMAN RIGHTS

Before deciding whether to make any CPO consideration must be given to the Human Rights Act 1998. Article 1 of the First Protocol of the European Convention on Human Rights provides that no-one shall be deprived of their possessions except in the public interest. It is therefore necessary to balance the public and private interests and the Cabinet must be satisfied that the interference with the rights of the owners of land the subject of the CPO is necessary, proportionate and justified.

A schedule of known land requirements for the Bath Package that are not currently within Council control, a description of the properties and why they are needed for the scheme is provided at Appendix 3. This should be read in association with the plans provided at Appendix 2. These parcels of land are required to facilitate the Bath Package as a whole. The inability of the council to acquire any of these plots would prejudice its delivery of the scheme.

4 COMMUNITY STRATEGY OUTCOMES

Included within the Bath Transportation Package. None arising directly from this paper.

5 CORPORATE IMPROVEMENT PRIORITIES

Included within the Bath Transportation Package. None arising directly from this paper.

6 CPA KEY LINES OF ENQUIRY

Included within the Bath Transportation Package. None arising directly from this paper.

7 THE REPORT

The Bath Transportation Package has obtained "programme entry" status from the Department for Transport for major scheme funding to implement a `package' of transport initiatives to improve transport opportunities and quality for all travellers and residents in the City of Bath and in the surrounding area. The scheme is promoted under the Joint Local Transport Plan (JLTP) 2006 of the four authorities of Bath and North East Somerset Council, Bristol City Council, North Somerset Council and South Gloucestershire Council.

Summary of the Bath Package

The overall aims of the Bath Package are:

• To create a new Park & Ride site to the east of Bath
  
• To expand the 3 existing Park & Ride sites
  
• To upgrade 10 local bus routes
  
• To improve the public transport system and accessibility
  
• To create an effective and efficient bus rapid transit route linking the western Newbridge Park & Ride site with the new eastern site through Bath city centre
  
• To create new electronic signs on major routes directing drivers to available spaces in Park & Ride and parking sites

Details of the scheme can be seen and have been publicised as part of the Bath Transportation Package - Major Scheme Business Case.

It is intended that a planning application with all necessary supporting documentation covering the scheme will be submitted January 2009. This will be supported by Traffic Regulation and other orders as necessary to bring the scheme forward.

Plans showing the route of the Rapid Transit System and other constituent parts of the Package will be displayed at the Cabinet Meeting and smaller scale versions are attached as Appendix 1. A schedule of the known land parcels to be acquired is attached at Appendix 2.

The Council does not own, nor is in direct control of, all the areas of land required to bring the Bath Package forward. It is a condition of the funding provisions that the Council demonstrates that it is able to deliver the necessary land holdings for the development. The only certain way of achieving this is by way of a Compulsory Purchase Order. Whilst it may prove possible, and is preferable, to achieve the acquisition of all necessary land holdings by negotiation, the use of a CPO can bring certainty to this process.

The use of Compulsory Purchase powers will only be made when the Transport Board and the Project Director are satisfied that the use of such powers is appropriate within the resource parameters of the Project and approval is given by the section 151 Officer in consultation with the Cabinet Member for Resources.

8. THE CPO POWERS AND PROCESS

Under the Highways Act 1980 and Acquisition of Land Act 1981, a local authority may be authorised to compulsorily acquire any land in its area which is suitable for and required in order to secure the carrying out of a highway scheme. If it is proposed to CPO land for car parking purposes (e.g. park and rides) then the relevant legislation is the Road Traffic Regulation Act 1984 and a separate CPO will be needed.

It is necessary for the Council to resolve formally to use compulsory purchase powers before it can make a CPO. Once an Order is made by the Council and statutory requirements to give, affix and publish notices (and obtain the proofs or certificates of service) are complied with, the Council must submit the Order to the confirming minister. In the case of an Order made under the Highways Act 1980 or Road Traffic Regulation Act 1984 the Order must be submitted to the Secretary of State for Transport for consideration of the Order, the justifications for the Order and any objections. The Secretary of State will decide whether or not to hold a public inquiry following which the Order may be approved as submitted, subject to amendment or rejected.

In resolving to use compulsory purchase powers, the Council must be satisfied that it is necessary to acquire the land in order to secure the delivery of the scheme. In this context, "necessary" means "something more than desirable" but not "essential". This justification forms a key part of the 'Statement of Reasons' which sets out the need for the CPO and sets the context of the powers and the process. The Statement of Reasons will be submitted in support of the CPO.

Further useful guidance is available from the Department for Communities and Local Government at:-

http://www.communities.gov.uk/publications/planningandbuilding/compulsorypurchase

9 RISK MANAGEMENT

The report author and relevant Cabinet Members have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance.

The risk register has been compiled in connection with the Bath Transportation Package and will be reviewed as the project progresses.

The Project team arranged a Risk Workshop in the first week in August and the timely approval of this authority was evaluated as a high risk if not approved in the first week of September 2008.

Financial risks have also been evaluated concerning the overall project and figure of £6.63 million is included as a risk contingency

10 RATIONALE

The use of CPO powers to acquire land in respect of a major scheme is an accepted method of gaining security of delivery. It provides certainty of property assembly.

Land assembly is essential to the delivery of the scheme. The CPO process sets out statutory provisions for compensation to landowners.

In order to draw down funding from the Department for Transport to undertake the scheme, the Authority is required to prove land assembly has taken place or there is certainty of delivery. A Compulsory Purchase Order gives this guarantee. The use of Compulsory Purchase powers would not be used except under the direct authorisation of the Transport Board and Project Director who have responsibility for the delivery of the Bath Package Project.

11 OTHER OPTIONS CONSIDERED

Seek to acquire necessary land by negotiation. This will be done where possible. However, the use of Compulsory Purchase powers may be necessary if the scheme is to progress to delivery. One landowner who is unwilling to deal with the Council has the potential to prevent the scheme from being delivered. The use of Compulsory Purchase powers gives the Council certainty.

Whilst acquisition by agreement is preferred it is considered that the use of compulsory purchase powers in tandem with negotiations is essential if the council is to bring forward the scheme and prevent ransom and other barriers to delivery.

12 CONSULTATION

Cabinet members; Other B&NES Services; Service Users; Section 151 Finance Officer; Chief Executive; Monitoring Officer

A draft copy of this report has been made available and comments received incorporated in to the final report.

13 ISSUES TO CONSIDER IN REACHING THE DECISION

Property; Other Legal Considerations

14 ADVICE SOUGHT

The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Resources and Support Services) have had the opportunity to input to this report and have cleared it for publication.