Purpose

Approval to use the Council’s Compulsory
Purchase powers to acquire land and property required for the
Smethwick to Birmingham Inclusive Growth Corridor Transport
Package

Content

Resolved:-
 
(1) 
that approval is given to the layout of the Smethwick to Birmingham
Inclusive Growth Corridor Transport Package: A457 Grove Lane/ B4135
Cranford Street Multi-modal Improvements scheme as shown on Drawing
No. 43535 S/1 (Appendix A);
 
(2) 
that subject to recommendation 2.1 being approved, delegate
authority is given to approve amendments to the scheme following
public consultation to the Cabinet Member for Environment &
Highways, in conjunction with the Cabinet Member for Regeneration
& Infrastructure;
 
(3) 
that delegated authority is given to the Executive Director –
Place to submit a Full Business Case to the West Midlands Combined
Authority in respect of the Smethwick to Birmingham Inclusive
Growth Corridor Transport Package: A457 Grove Lane/ B4135 Cranford
Street Multi-modal Improvements scheme following completion of all
statutory processes;
 
(4) 
that delegated authority is given to the Executive Director –
Place to enter into negotiations and to
acquire, on terms to be agreed by the Executive Director –
Place, land and property within the proposed Order lands, in
advance of confirmation of the Compulsory Purchase Order by the
Secretary of State subject to the availability of finances;
 
(5) 
that delegated authority is given to the Executive Director –
Place to make any necessary minor amendments to the Borough Council
of Sandwell (Grove Lane and Cranford Street Highway Improvements)
Compulsory Purchase Order and the "Map referred to in Borough
Council of Sandwell (Grove Lane and Cranford Street Highway
Improvements) Compulsory Purchase Order " prior to it being made
and submitted for confirmation;
 
(6) 
that delegated authority is given to the Service Director -
Governance to undertake all necessary actions and steps to make and
secure a Compulsory Purchase Order in respect of the land needed
for highway improvement purposes shown shaded blue on drawing 43672
S/1 (Appendix B) or such lesser land as may be deemed necessary
under the powers contained in sections 239, 240 and 250 of the
Highways Act 1980;
 
(7) 
that delegated authority is given to the Service Director -
Governance to affix the common seal of the Council and serve the
necessary notices and documentation as required by the Highways Act
1980 and Acquisition of Land Act 1981 and submit the Compulsory
Purchase Order to the Secretary of State for Transport for
confirmation;
 
(8) 
that delegated authority is given to the Service Director -
Governance in the event the Compulsory Purchase Order is unopposed
and granted powers to do so by the Secretary of State for
Transport, to confirm the above order and serve all necessary
notices to implement the Compulsory Purchase Order including the
issuing of sheriff warrants;
 
(9) 
that delegated authority is given to the Service Director -
Governance enter into any licences,
undertaking or other agreements to facilitate the Compulsory
Purchase Order on terms to be agreed on terms to be agreed by the
Executive Director of Place;
 
(10)              
that delegated authority is given to the Service Director -
Governance to take all necessary action to secure the making,
confirmation and implementation of the Compulsory Purchase Order
and if objections are received to the Compulsory Purchase Order
make arrangements for public inquiries
including instructing external Counsel and Consultants to assist in
the preparing evidence and the presentation of the Council’s
case at any public Inquiry;
 
(11)              
that delegated authority is given to the Service Director -
Governance in the event that the Compulsory Purchase Order is
confirmed by the Secretary of State for Transport, to serve all
necessary notices to implement the powers of compulsory
acquisition, including be authorised to make General Vesting
Declarations, notices to treat and notices of entry to take all
other requisite steps to obtain possession of the properties and to
obtain a Sheriff’s Warrant for possession of any lands where
it has not been given;
 
(12)              
that delegated authority is given to the Service Director -
Governance to acquire the necessary interests in the land and
property included in the confirmed Compulsory Purchase Order on
terms to be agreed by the Executive Director of Place or as ordered
by the Lands Tribunal.