Funding from the Department for Transport is being provided for highway improvements to Torbay's Ring Road, known as the 'Western Corridor'.  The section of the A380 between Spruce Way and Churscombe Cross will require the acquisition of some private land.

Negotiations will be undertaken in the first instance to acquire land without the need for a Compulsory Purchase Order (CPO) however the Council will need to ensure that a CPO is in place in case land is unable to be acquired by negotiation.

(i)         that that Head of Estates use his delegated authority to continue negotiations with the landowners for acquisition of the land required for the Western Corridor scheme to completion and to acquisition by agreement when possible;

(ii)        that authority be delegated to the Executive Head of Commercial Services to make a Compulsory Purchase Order for the land required for the Western Corridor Highway Improvement Scheme affecting land adjacent to the A380 Kings Ash Road in accordance with the following:-

That Torbay Council makes a Compulsory Purchase Order under sections 239, 240, 249, 250 and 260 of the Highways Act 1980 for the acquisition of all interests in the land (except those already owned by the Council) and new rights within areas shown (shaded pink for areas of land in respect of which all interests are to be acquired and shaded blue for the areas over which new rights are to be acquired) on plan number 8/9/14_06 attached as Appendix 1 for the purpose of highway improvement.

(iii)       that the Executive Head of Commercial Services be authorised to:-

(a)       take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Order including the publication and service of all notices and the presentation of the Council’s case at any Public Inquiry;

(b)       acquire interests in land and new rights within the Compulsory Purchase Order either by agreement or compulsorily; and

(c)        approve agreements with land owners setting out terms for the withdrawal of objections to the Order, including where appropriate seeking exclusion of land or new rights form the Order; and

(iv)       that detailed design and preparation of proposals continue for the highway improvement scheme in order that a scheme can be implemented following acquisition of all required sections of land.

To enable the Council to acquire land between Spruce Way and Churscombe Cross for use as part of the Western Corridor Improvement, Paignton.

Alternative options are set out in the submitted report.

This decision will come into force and may be implemented on Wednesday, 18 February 2015 unless the call-in procedure is triggered (as set out in the Standing Orders in relation to Overview and Scrutiny).

The submitted report seeks to ensure that the major highway improvement scheme for the Western Corridor, Paignton is delivered by requesting Members’ approval to make a Compulsory Purchase Order for land required for the Scheme between Spruce Way and Churscombe Cross if agreement cannot be made with the land owners.

The Mayor considered the recommendations of the Council made on 5 February 2015 and his decision is set out above.

None