Agenda item

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.