Meeting documents
Cabinet
Wednesday, 20th June, 2007
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Bath & North East Somerset Council |
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MEETING: |
Council Executive |
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MEETING DATE: |
20th June 2007 |
AGENDA ITEM NUMBER |
13 |
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TITLE: |
Greater Bristol Bus Network Land Assembly |
EXECUTIVE FORWARD PLAN REFERENCE: |
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E |
1643 |
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WARD: |
Bath Avon West and Odd Down |
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AN OPEN PUBLIC ITEM CONTAINING AN EXEMPT APPENDIX |
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List of attachments to this report: Appx 1 (pdf - 349kb)- Plan indicating maximum land take. Appx 2:(pdf-19kb) - Background paper on GBBN. ( Greater Bristol Bus Network ) Appx 3:(pdf -76kb) - Table 10.1 from JLTP Appx 4: (pdf- 31kb)- Public Interest Test relating to exempt Appx 5 Appx 5: (pdf31kb)- Exempt appendix on land cost issues(exempt by virtue of Local Government Act 1972 (amended Schedule 12A) paragraph 3) |
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1 THE ISSUE
1.1 This report identifies the need for the land shown in appendix one to be available when the programme requires, and asks the cabinet to agree in principle to the use of compulsory acquisition powers if such powers become necessary due to breakdown in negotiations to secure land.
2 RECOMMENDATION
The Cabinet agrees that:
2.1 It has noted the reasons why and the circumstances within which the making of a CPO (compulsory purchase order) may be recommended. The public interest test has been applied and the cabinet have decided that the appendix relating to land cost issues is not for public consideration.
2.2 It gives its `in principle' support for the making of a CPO if so recommended;
3 FINANCIAL IMPLICATIONS
3.1 Discussions with the land owners continue. As part of the MSBC the cost of land acquisition is considered to be an eligible cost and as such will be repaid by grant on decision by DfT to give full consent. In the meantime a capital allocation within the Transport Capital Programme is being identified by deferring specific schemes within block programmes, to be re-instated after grant approval, following direction given by Transport Board meeting June 4th.
4 COMMUNITY STRATEGY OUTCOMES
Improving our local transport
5 CORPORATE IMPROVEMENT PRIORITIES
Improving the Quality of Public Transport/Roads/Pavements and easing congestion
Developing a sustainable economy
Generically the scheme can be defined as a `Bus Showcase' network comprising a range of measures that will improve the speed, reliability, comfort and image of conventional bus travel across the Greater Bristol Area.
6 CPA KEY LINES OF ENQUIRY
Ambition for the community - i.e. What the council, together with its partners, is trying to achieve
Prioritisation of ambitions
Increasing capacity of the council to deliver ambition for the Community to ensure we achieve what we say we will
Managing performance of community ambition to ensure we achieve what we say we will
Creating and developing a better quality of life for the area through
o Sustainable Communities and Transport
o Safer and Stronger Communities
o Healthier Communities
7 THE REPORT
7.1 In order to meet the construction programme which forms part of the business case and which is with the DfT land alongside the A367 will need to be assembled to allow for a new bus lane to be constructed. Negotiations with land owners continue in an attempt to reach a voluntary arrangement. It is however imperative to avoid any delay incurred through failure to conclude successfully or the programme will slip and the 4UA's will not achieve their objectives. The extent of the land in question is modest.
7.2 Planning colleagues confirmed on the 24/04/07 that the construction of the bus lane is considered to be permitted development under the GPD Order 1995 ( General Permitted Development Order) With this in mind any CPO would need to be made pursuant to the Highways Act 1980 section 238.
8 RISK MANAGEMENT
8.1 The report author and Lead Executive member have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance and the risk related to land assembly for the project has initiated this report.
9 RATIONALE
9.1 The authority to use CPO powers will give certainty to availability of land.
10 OTHER OPTIONS CONSIDERED
10.1Consideration has been given to continuing to negotiate to secure the land and this will continue to be the case however there is a risk that this process fails to reach a satisfactory conclusion and therefore all avenues open to secure the land should be made available to the 4UAS's in pursuit of their objectives.
11 CONSULTATION
11.1 The Assistant Director has discussed the matter with the Executive Member and the Monitoring and Finance Officers have had sight of this report for comment.
12 ISSUES TO CONSIDER IN REACHING THE DECISION
12.1 At the Full Council Meeting on the 30/03/06 the Joint Local Transport Plan (JLTP) was approved. Table 10.1 of the JLTP shows the Major Scheme Development Programme & includes GBBN as priority scheme number one. A MSBC for GBBN was submitted to the DfT (Department for Transport) in July 2005. Programme Entry ( PE ) status for the scheme was granted in July 06 ( means DfT have set money aside to finance the project) A submission for full approval was made to the DfT on 23/03/07 the total scheme project cost is £69.826m DfT funding £42.343m third party funding £5.726m First £21.757m.
12.2 Social Inclusion; Customer Focus; Sustainability; Property; Other Legal Considerations
13 ADVICE SOUGHT
13.1 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.
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Contact person |
Joy Jefferys Strategic Transport Projects Manager |
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Sponsoring Executive Member |
Councillor Gerrish |
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Background papers |
JLTP |
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Please contact the report author if you need to access this report in an alternative format |
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