To consider the submitted report on the proposed improvement scheme for the junction of Kings Ash Road and Spruce Way, Paignton.

Members considered the submitted report on a proposal to make a compulsory purchase order for land required for the junction improvement scheme at Kings Ash Road/Spruce Way in Paignton, in order for it to be acquired if agreement could not be reached with the land owners.

It was proposed by Councillor Hill and seconded by Councillor Excell:

(i)         that negotiations with the landowners for acquisition of the land required for the scheme be commenced 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 Kings Ash Road/Spruce Way Junction Improvement Scheme affecting land adjacent to Kings Ash Road in accordance with the following:-

(iii)       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 8/09/12_04, attached as Appendix 1 to the submitted report for the purpose of highway improvement;

(iv)       subject to approval of (ii) above, 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

(v)        That detailed design and preparation of proposals continue for the junction improvement scheme with new access in order that a scheme can be implementedby a future developer(s) of Phase 2 (not Torbay Council), following acquisition of all required sections of land.

On being put to the vote the motion was declare carried (unanimous).