Minutes:
The Cabinet
considered a report of the Director of Environment and Transport which sought
approval to secure the compulsory acquisition of land for the northern and
eastern section of the Melton Mowbray Distributor Road (MMDR). A copy of the
report, marked ‘Agenda item 9’, is filed with these minutes.
Mr. Rhodes CC said
that he was pleased that the County Council had continued with this aspect of
the MMDR scheme, which demonstrated its commitment to development in Melton
Borough.
RESOLVED:
(a)
A Compulsory Purchase Order to be known
as “The Leicestershire County Council (North and East Melton Mowbray
Distributor Road) Compulsory Purchase Order 2020” (CPO) be made under Sections
239, 240, 246, 250 and 260 of the Highways Act 1980 and the Acquisition of Land
Act 1981 to secure the compulsory acquisition of the land shown coloured pink
and the new rights over the land shown coloured blue on the CPO Maps (Appendix
A);
(b)
A Side Roads Order to be known as “The
Leicestershire County Council (North and East Melton Mowbray Distributor Road)
(Side Roads) Order 2020” (SRO) be made under Sections 14 and 125 of the
Highways Act 1980 to construct new highways and public rights of ways, stop up,
divert, improve or otherwise deal with a highway including public rights of
ways and the closure and creation of private means of access as shown in the
SRO maps at Appendix B;
(c)
The Director of Environment and
Transport and Director of Corporate Resources be authorised, in consultation
with the Director of Law and Governance and following consultation with the
relevant Cabinet Lead Members, to:
i. finalise
and make, if necessary, any minor or technical amendments, modifications and
deletions to the Order Map and SRO Plan should this be considered appropriate;
ii. finalise
the CPO and the SRO (collectively referred to as “the Orders”) and the
Statement of Reasons;
iii. in
accordance with the Cabinet authority dated 6 July 2018, continue to take all
necessary steps to make, publish, obtain confirmation of the Orders including
(but not limited to) the publication and service of all statutory notices and
presentation of the Council’s case at any Public Inquiry or through written
representations, to secure the confirmation of the Orders (with or without
modifications) by the Secretary of State for Transport and implement the Orders
associated with the North and East Melton Mowbray Distributor Road scheme;
(d)
That the latest position with regard to
costs and timescales for the scheme, set out in Part B of the report, be noted.
(KEY DECISION)
REASONS FOR
DECISION:
The Cabinet (in
July 2018) authorised the Director of Environment and Transport to, among other
things, take the necessary steps to make, secure confirmation of and implement
the Orders necessary for the scheme. At that point in the scheme’s development
it was not known exactly which areas of land these orders would pertain to,
although a preferred route had been identified. The planning permission granted
in March 2019 was based upon the corridor of land required for the North and
East Melton Mowbray Distributor Road (NEMMDR) scheme whilst detailed design
work for the scheme continued. The final plans for land take for the NEMMDR Scheme
have only recently been finalised and in the interests of clarity for affected
landowners and to assist the Inspector should unresolved objections to the
County Council’s acquisition require a public inquiry, now that the areas of
land required for the scheme are known, the Cabinet should formally note and
approve the requirements subject to minor amendments.
Authorising the
Director of Environment and Transport and the Director of Corporate Resources
to proceed with the making, securing confirmation and implementation of the
Orders will help ensure this is done within the planned timescale. The land
areas represented in both the CPO and SRO plans, for example, may require minor
modifications following responses received to the notices served under Section
5A Acquisition of Land Act 1981 seeking information as to ownership of land and
rights.
To advise members
of the latest position since progress with the scheme was reported to the
Cabinet in July 2019.
Supporting documents: