Purpose

Highways and Transport
Committee, at its meeting on  9 December 2021 authorised the Head of
Estates to (inter alia):
 
1)   
Negotiate and agree terms to seek to acquire the
land and rights (or extinguish the same) required for the Scheme by
agreement and to instruct the Director of Governance and Compliance
to negotiate and enter into the legal agreements necessary to
facilitate any such agreements.
 
2)   
Negotiate and approve the payment of any relevant
and reasonable professional fees incurred by landowners and others
with compensatable interests in taking professional advice in
connection with the acquisition of their interests required for the
Scheme and to negotiate, approve and document by way of settlement
or other legal agreement payment of all related compensation claims
in advancing the development or implementation of the Scheme,
including the advance payment of compensation pursuant to Section
52 of the Land Compensation Act 1973 and the settlement of any
claims made pursuant to Part 1 of the Land Compensation Act
1973.
 

Content

To seek approval for
the Director of Governance & Compliance to:-
1)   
purchase the land known as Land at Kinderton Lodge Farm, Middlewich (as shaded pink on
Plan 1); and
2)   
authorise the Council to enter
into a Contracted-Out Lease for working areas on adjoining
land (as shaded green on Plan 1); and
3)   
authorise the Council to enter
into a Deed of easement for ecology mitigation works on
adjoining land (as blue green on Plan 1); and
4)   
enter into any ancillary agreements in connection
with the acquisition or use of land in advance of a compulsory
purchase order and pay all sums due in respect of compensatable interests to the landowner and the
reasonable and proper professional fees applicable to the
acquisition, on terms and conditions to be agreed by the Head of
Estates and the Director of Governance & Compliance.
 
In relation to the
environmental mitigation land:-
 
1)   
to authorise the Director of Highways to enter into
an agreement under Section 253 Highways Act 1980 that provides for
the management of the ecological mitigation areas on further
adjoining land. (as shaded yellow on Plan 1).