Content

11.1

To deliver the Nether Edge to
City Centre and Broomhall active travel route, third party land is
required. Negotiations on securing two plots of land have
stalled.
 
To progress negotiations, this
report asks that an ‘in principle’ decision be made to
endorse the use of powers conferred by the Highways Act 1980 to
make a Compulsory Purchase Order to acquire the two plots. In the
event that this ‘in principle’ decision does not
progress negotiations then authority is delegated to the Executive
Director, City Futures for a decision to use those powers to make a
Compulsory Purchase Order for the purpose of acquiring the two
plots.
 
The plots are required to
construct and maintain the proposed Highway Improvement - namely
the active travel route between Cemetery Road and Broomhall which
forms a section of the spur of the Nether Edge to City Centre
Active Travel Transforming Cities scheme.

 

 

11.2

RESOLVED
UNANIMOUSLY: That the Transport,
Regeneration and Climate Policy Committee:-
 

(a) 
in principle, approves the use of the Compulsory
Purchase Order (CPO) process to deliver the spur route along
Summerfield Street on the basis that there is a compelling case in
the public interest for the acquisition of the land to enable the
delivery of the Nether Edge Active travel route; and
 

(b) 
delegates authority to the Executive Director, City
Futures for a decision whether to make a CPO to acquire the
aforementioned land.

 

 

11.3

Reasons for Decision

 

 

11.3.1

In order to progress design and
development work for the spur route of the Nether Edge Active
Travel Route.

 

 

11.3.2

The use of a CPO to acquire the
Land required for the Scheme is possible under the Highways Act
1980 and would be justified in the light of a compelling case in
the public interest for the acquisition of the Order Land to enable
the delivery of the Nether Edge Active Travel Scheme

 

 

11.3.3

Where the Council propose to
make a CPO under these statutory provisions, the Council must be
satisfied that the development is likely to contribute to the
achievement of the council plans overall objectives, namely the
promotion or improvement of the economic, social or environmental
well-being of the area.

 

 

11.3.4

It is considered that there is
a compelling case in the public interest to justify the Council
using its CPO powers to acquire the Order Land because the
implementation of this scheme will reduce congestion and delays
around this busy section of the network, improving walking wheeling
and cycling connections, reducing the reliance or need to use a
motorised vehicle and , conditions for economic inward investment
and contributing to reduced vehicle emissions.

 

 

11.4

Alternatives Considered and Rejected

 

 

 

To avoid the need for any third
party land take the following were considered.

 

 

11.4.1

Alternative Option
1:
On road cycle lane widened this
would not be compliant with the design standard and would not
deliver the uptake in cycling we envisage. There would still be an
issue of overrunning and potential conflict between motorised
vehicles and cycling

 

 

11.4.2

Alternative Option
2:
Reducing the traffic on
Summerfield Street to it one way only. Discounted because of impact
on the ring road and implications at the bus gate at Boston Street.
To overcome these issues would have required a significant increase
in budget.

 

 

11.4.3

Alternative Option 3
Signing an alternate spur route
using Cemetery Road and Napier Street. making use of the core route
adds an additional 124 metres to the journey, which is a 42%
increase on the proposed route, significantly above the tolerated
diversion percentages set out in the LTN1/20.