Purpose

To update
Cabinet on progress towards delivery of a key enabling
infrastructure scheme and to seek approval to the making of legal
orders.
 

Decision

RESOLVED
to:

 

1)     
Note the outline of the critical
next steps in ensuring 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 on the plans 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 land owners 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)     
Approve to 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)     
Approve to 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)     
Approve to 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 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 voluntarily or
pursuant to the CPO to deliver the Scheme and authorise the
Director of Legal and Democratic Services to draw up and execute
any such documents as are necessary to the completion of such
acquisitions;

 

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

 

12) Approve to authorise the Executive Director
– Place to approve payment of relevant and reasonable
professional fees incurred by landowners and others with
compensatable 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) Approve to 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 arise as a result of any update to land referencing carried out
prior to making the CPO.