Decision Maker: Cabinet

Outcome: For Determination

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: May 7, 2025

Purpose: To consider the appropriation of land adjacent to the A4123 New Birmingham Road from The Ormiston Academy

Content: Resolved:-   (1)          that the £1.56m grant from the West Midlands Combined Authority is accepted for the purposes of the early design and delivery of the section of the A4123 Bus, Walk, and Cycle scheme on the A4123 from Burnt Tree junction to Lower City Road;   (2)          that authorisation is given for the appropriation of land at A4123 New Birmingham Road (as shown in Appendix A) as highway to allow for highway improvements on the A4123 New Birmingham Road subject to the relevant completion certificates being issued to Highway Services under Section 36 (2) (a) of the Highways Act 1980, so that they are adopted as public highway and maintainable at public expense;   (3)          that authorisation is given for an application to the Secretary of State for Education for the appropriation of land at Ormiston Sandwell Community Academy, Lower City Road, Oldbury to Highways Services:   (a)          subject to the application being approved by the Secretary of State for Education, the Director of Children and Education be authorised to complete appropriation of the land to Highways Services; and,   (b)          subject to (3a) above, the Director of Regeneration and Growth be authorised to complete the appropriation from Children and Education to Highways Services and agree to any compensation required.   (4)          that approval is granted to Council to cover the cost of the appointment of legal advisors (up to a maximum of £5,000) to act on the behalf of the Ormiston Academies Trust to enable the legal drafting of documents such as a Deed of Surrender and the Re- Grant of new lease with amended extent of demise for the purpose of the Academy lease, to enable the disposal of part of the nonplaying field land leased by them under Part 3 of Schedule 1 to the Academies Act 2010;     (5)          that authorisation is given to the Assistant Director for Legal and Assurance to surrender the original lease dated 17 July 2013 granted to the Ormiston Academies Trust for the Ormiston Sandwell Community Academy and to re-grant the lease with amended extent of demise, which would exclude part of the land required for the purpose of the A4123 Highways Improvements and to vary the lease between Council and the Ormiston Academies Trust to take into account the disposal of part of the non-playing field land leased by them under Part 3 of Schedule 1 to the Academies Act 2010;   (6)          that authorisation is given to the Assistant Director for Legal and Assurance to apply to the Land Registry Applications to:   (a)          update the current Freehold Title (Title Number: WM881722);   (b)          update the Leasehold Title (Title Number MM8928) owned by the Council;   (c)          update the Leasehold Title owned by the Ormiston Academies Trust (Title Number MM134250); and,   (d)          subject to (a), (b) and (c) above, close any title/s no longer remaining and update title registers by arranging for the removal of any reference to non-applicable title/s.   (7)          that authorisation is given to the Assistant Director for Legal and Assurance to arrange for a Deed of Release of Big Lottery Fund administered land.