Purpose

Transfer and appropriation of land to facilitate works to junction at Waterloo Road, Old Wokingham Road and Peacock Lane.
Process for Highway Authority Agreement approval

Decision

RESOLVED that the Cabinet:

Confirms that the land identified in Appendix A is no longer required for the purpose for which it is currently held and approves:

·       the variation/partial surrender of an existing lease at Easthampstead Park to enable the release of land required for the scheme, with all transactional landlord and tenant costs to be met by Wokingham Borough Council;

·       appropriation of the land for planning purposes under section 122 of the Local Government Act 1972 in order to facilitate the delivery of Peacock Lane highway improvements, and in accordance with Planning Permission 24/00802/FUL once the deed of variation/partial surrender is completed;

·       delegation of relevant highway functions under Section 8 of the Highways Act 1980 and Section 101 of Local Government Act 1972 to Wokingham Borough Council to enable delivery of a new roundabout on Peacock Lane at its junction with Old Wokingham Road and Waterloo Road as shown on Appendix A;

·       delegation of authority to the Executive Director: Place, in consultation with the Borough Solicitor, to agree and complete all necessary legal agreements, documentation, and any associated settlement of claims or costs in conjunction with Wokingham Borough Council which is responsible for all such costs.

Reasons for the decision

The key reasons for the recommendation are:

(a)        to facilitate delivery of approved strategic highway infrastructure associated with the South Wokingham Distributor Road scheme;

(b)        to enable implementation of planning permission 24/00802/FUL;

(c)        to ensure that Bracknell Forest Borough Council (BFC) follows the appropriate statutory route to make the site available for the highway works through variation/partial surrender of leasehold interest, and subsequent appropriation, taking account of third-party rights and any existing interests over the site;

(d)        to provide an appropriate legal and governance framework for the delivery of highway works by WBC within the Bracknell Forest administrative area.

Alternative options considered

Not to vary/partially surrender the lease of the land required for the scheme, and not to appropriate the land concerned, thus preventing the implementation of Planning Permission 24/00802/FUL and the requirement for a roundabout at this location secured under Section 106 legal obligation for the south Wokingham strategic development. This option is discounted.

Not to enter into the section 8 agreement and related legal arrangements with WBC. This option has also been discounted because WBC is the authority promoting and funding the scheme and a formal legal mechanism is required if it is to deliver works within the Bracknell Forest area.