Purpose

To seek Cabinet
approval.
 

Decision

RESOLVED to:
 

1)   Note the update,
including the additional land to be added to the CPO, and outline
of the critical next steps to ensure 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 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 landowners
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)   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)   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)   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 land and
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 and
interests in land voluntarily or pursuant to the CPO to deliver the
Scheme and authorises the Director of Legal and Democratic Services
to draw up and execute any such documents as are necessary to the
completion such acquisitions;

 

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

 

12) Authorise the Executive Director – Place to approve
payment of relevant and reasonable professional fees incurred by
landowners and others with compensable 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) 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 be necessary prior
to making the CPO.