Decision details

To update Cabinet on progress towards delivery of a key enabling infrastructure scheme and to seek approval to the making of legal orders.
 

RESOLVED to:

1)      Note the outline of the critical next steps in ensuring timely delivery of the South Derbyshire Growth Zone project;

2)      Approve to proceed to deliver enabling infrastructure within the South Derby Growth Zone (“the Scheme”);

3)      Approve to enter into Delegation Agreements with Derby City Council and National Highways;

4)      Approve the making of the Side Roads Order (“the SRO”) followed by the Compulsory Purchase Order (“the CPO”) for the areas of land as shown on the plans in Appendices 2 and 3 taking into account the Project’s funding status in making these Orders;

5)      Approve the publication and notice of the CPO and SRO being given to land owners and members of the public in accordance with statutory procedures;

6)      Approve the submission of the CPO and SRO to the Secretary of State for Transport for confirmation and the taking of such steps as may be required to achieve confirmation;

7)      Approve to authorise the Director of Legal and Democratic Services, in consultation with the Executive Director – Place, to take all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings, in the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber);

8)      Approve to authorise the Director of Legal and Democratic Services to appoint suitable counsel to advise and represent the Council at any Public Inquiry held in respect of the SRO and CPO;

9)      Approve to authorise the Executive Director – Place to negotiate with objectors to the CPO and SRO and other landholders impacted by the Scheme to resolve objections to the scheme, including without limitation, agreeing accommodation works and the acquisition of interests in land to enable the Scheme to proceed and for the Director of Legal and Democratic Services to draw up and execute any such documents as are necessary to withdraw any objections raised;

10) Approve taking ownership of land voluntarily or pursuant to the CPO to deliver the Scheme and authorise the Director of Legal and Democratic Services to draw up and execute any such documents as are necessary to the completion of such acquisitions;

11) Approve to authorise the Executive Director – Place to negotiate the compensation and payment of the same to affected landowners in accordance with the Compensation Code;

12) Approve to authorise the Executive Director – Place to approve payment of relevant and reasonable professional fees incurred by landowners and others with compensatable interests in taking professional advice in connection with the acquisitions of their interests required for the Scheme and related compensation claims and related claims in advancing the development or implementation of the Scheme; and

13) Approve to authorise the Director of Legal and Democratic Services, in consultation with the Executive Director – Place to make minor amends to the schedules to the CPO as may arise as a result of any update to land referencing carried out prior to making the CPO.