Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: March 26, 2025

Purpose:

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.