Purpose

Resolution by cabinet to acquire land for the
construction of the Hereford Western Bypass Phase one project
through a compulsory purchase order.

Decision

To agree to resolve
that the Council
a)   
note the draft Statement of Reasons (at
Appendix 1);
b)   
makes The County of Herefordshire
District Council (Hereford Western Bypass – Phase One)
Compulsory Purchase Order 2026 (CPO) pursuant to sections 239, 240,
246, 250 and 260 of the Highways Act 1980 and the Acquisition of
Land Act 1981 for the acquisition of all interests (both
residential and commercial), and any other interests as may arise,
which are not already owned by the Council and new rights within
the areas shown edged red and shaded pink and blue on the plans
attached at Appendix 2 
c)   
note The County of Herefordshire District Council
(South Wye Transport Package – A4194 Southern Link Road)
(Classified Road) (Side Roads Order) Order 2018 (2018 SRO)
attached at Appendix 3 which was confirmed by the Secretary of
State in March 2019.
d)   
Delegate authority to the Corporate
Director for Economy and Environment to
a.    
make The County of Herefordshire
District Council (Hereford Western Bypass – Phase One) Side
Road Order 2026 (SRO) (if required) under Section 14 and 125 of The
Highways Act 1980 and all other purposes necessary
to
i)              
Improve the lengths of highway referred
to in the SRO and the corresponding plan
ii)            
Stop up each length of the highway as
referred to the SRO and the corresponding plan
iii)           
Construct a new highway along each route
as referred to in the SRO and the corresponding plan;
iv)           
Stop up each private means of access to
premises as referred to in the SRO and the corresponding
plan;
v)            
Provide new means of access to premises
as referred to in the SRO and the corresponding
plan.
which will
be as per the plan appended to the 2018 SRO (subject to any
amendments to the said plan the Corporate Director for Economy and
Environment shall determine as being necessary if the SRO is
required);
 
b.   
to make such minor or technical
amendments to the CPO and or SRO (together “the
Orders”) and associated plans as the Corporate Director for
Economy and Environment shall determine;
c.    
take all necessary and ancillary steps,
including preparing and finalising all necessary documentation
(including the Orders and supporting statements of reasons), the
submission of the Orders to the Secretary of State for
confirmation, publication and service of all statutory notices and
the presentation of the Council’s case at any public inquiry
to secure the confirmation of the CPO and SRO by the Secretary of
State;
d.   
acquire all interests in land within the
areas of the CPO either compulsorily or by agreement;
e.    
deal with objections to the Orders
including agreeing terms for the withdrawal of objections
in order to secure the delivery of Phase
One of the Hereford Western Bypass Scheme;
f.     
negotiate and enter into agreements or
undertakings with persons with any interest in the land affected by
or relating to the Orders;
g.   
remove from the CPO any plot (or
interest therein) no longer required to be acquired compulsorily
and to amend the interests scheduled in the CPO (if so advised) and
to alter the nature of the proposed acquisition from an acquisition
of existing property interests to an acquisition of new
rights ;
h.   
make any minor amendments as are
considered necessary to the Orders arising as a
result of negotiations with affected persons or further
design work to enable the delivery of Phase One of the Hereford
Western Bypass Scheme
i.     
make any amendments to the Statement of
Reasons a draft version of which is annexed at Appendix 1 to this
report as are considered necessary prior to its submission to the
Secretary of State;
j.     
confirm the CPO if granted power to do
so by the Secretary of State;
k.    
to implement the CPO, SRO and 2018 SRO,
including the acquisition of all necessary land and interests and
new rights and to take all steps to secure the settlement of
compensation arising from the implementation of the Orders
including referral to the Upper Tribunal Lands
Chamber.
l.     
to pay such compensation and to carry
out any other additional steps needed for the implementation of the
CPO, SRO and 2018 SRO and make any other operational decisions to
implement these recommendations;
 

Alternative options considered

1.            
The
alternative to not proceeding to resolve to make a CPO in order to implement the Phase One Hereford Western
Bypass Scheme would be to resolve to implement the scheme without a
CPO, i.e. by continuing to seek agreement with the owners of the
interests in land in the absence of a CPO.  This strategy puts the Council at considerable
risk from all owners who could seek the hold the Council to ransom
in order to escalate the purchase price
of their interest.  Additionally, if
voluntary agreement could not be reached between the Council and
the interest holders for the interests in the land the Council
would not be able to compulsorily acquire the land and interests
required for the delivery of the scheme which would put the
delivery of the scheme at risk.
2.            
In line with CPO Guidance the Council is seeking to
acquire land and interests voluntarily through negotiation as its
primary approach.  If all interests in
land and new rights required to facilitate the delivery of Phase
One Hereford Western Bypass Scheme are formally acquired through
voluntary agreement the Council may decide not to implement the
CPO.
3.            
Acquisition by compulsory purchase will only be
utilised where formal acquisition of all interests and new rights
over the land required for the delivery of the Phase One Hereford
Western Bypass Scheme has not been secured within a reasonable
timescale to enable the scheme to be constructed.
4.            
The 2018 SRO was confirmed on 14 March 2019. The
Council may implement that 2018 SRO  to enable works to progress.  However, a further SRO may be required to enable
the full extent of works required as part of the Phase One Hereford
Western Bypass Scheme.  If the further
SRO is not made it is possible that the proposed works as part of
the Phase one Hereford Western Bypass Scheme will not be
authorised, which would put the delivery of the scheme at
risk.