Purpose

This report is the open version detailing the
property acquisition details and approvals required to progress the
A454 City East Gateway Phases 1 and 2 (Willenhall Road)
project.

Content

1.    
That the Director of Resident Services be authorised to enter into
negotiations for property acquisitions, operating within the
financial parameters set out in the report.

 

2.    
That  authority be delegated to the
Cabinet Member for Environment and Climate Change in consultation
with the Director of Resident Services to negotiate final terms for
the acquisition of the properties identified in Appendix 2 (of the
exempt report) within the financial parameters proposed and once
budgetary approval has been secured.
 

3.    
That the Chief Operating Officer be authorised
to:

a.     
Engage in the Compulsory Purchase Order (CPO) process if
acquisitions by negotiation are unsuccessful.

 

b.     
Approve the appropriation of Council assets required to deliver the
scheme to the transportation portfolio subject to securing funding
and budgetary approval for the scheme.

 

4.    
That it be noted that a report from 2 April 2019 approved on-going
discussions with interested parties and potentially affected
landowners.

 

5.    
That it be noted that in making the property acquisition offers,
these would operate within the financial parameters guided by the
property valuation exercise. If the financial parameters are
exceeded, the matter would be brought to the Cabinet (Resources)
Panel for final approval.
 

6.    
That it be noted that approval to enter into and the commencement
of negotiations places liability on the Council for legal costs
incurred by impacted property owners. Such costs would be covered
by the major scheme funding from the Department for Transport
(DfT). However, if needed, development funding for the City Region
Sustainable Transport Settlement (CRSTS) could be used.
 

7.    
That it be noted that the intention is to acquire by CPO under
Section 226 of the Town and Country Planning Act 1990 / Section 239
of the Highways Act 1980 and Section 13 of the Local Government
(Miscellaneous Provisions) Act 1976, if negotiations to acquire are
unsuccessful. If the pursuit of CPO powers is followed, a further
report would be brought to the Cabinet (Resources) Panel.