To seek authority to acquire by negotiation the land, properties, easements and rights of access over land needed for the construction of the southern link road between the A49 Rotherwas access road roundabout and the A465 Abergavenny road and the A465 and B4349 Clehonger road, and for in principle approval for the making of a compulsory purchase order (CPO) and side roads order (SRO) if required, for the same purpose.

THAT:

(a) the director for economy, communities and corporate, be delegated authority to take all operational steps necessary to acquire all the necessary land interests required for the delivery of the southern link road through negotiation with possible affected landowners, and;

(b) in principle use of the council's statutory powers of compulsory acquisition in making a compulsory purchase order, and the use of the council's statutory

powers to make a side roads order be approved, subject to a further decision to more specifically identify the land interests to be acquired and further explain the necessity for a CPO in a statement of reasons

(c) a further report be prepared to consider the business case for the purchase of properties outside of any proposed CPO boundary.

Planning permission for the Southern Link Road was granted in June 2016 for the

entire line of the road, in addition to all necessary junction works, side roads,

drainage and environmental mitigation.

To enable the construction of the road primarily agricultural land needs to be

acquired. The agricultural land is in five different ownerships plus land owned by the

council and Highways England. Part of the garden from one residential property is

also required. There are no residential dwellings that need to be acquired for the road

construction.

Approval is sought to commence negotiations to acquire required land interests and

to approve the use of compulsory purchase orders in principle. If the Council agrees

the “in principle” use of its powers of compulsory acquisition and powers of access,

this will not preclude the Council from endeavouring to acquire the necessary land

and rights by agreement. This report therefore asks for approval in principle to make

a CPO and SRO, whilst continuing with efforts to acquire, by agreement, the land,

business interests and rights needed to carry out the works.

Not to negotiate with landowners and rely on compulsory purchase powers to secure

all the necessary land and rights to deliver the road. This would place additional risk

on obtaining confirmation of the CPO and SRO as there is a duty on the council to

have made reasonable efforts to acquire the land and rights and use CPO powers

only if negotiations are unlikely to result in a timely and cost effective outcome.

2 To rely solely on acquisition by negotiation could result in considerable delay and

possible prevent delivery of the road due to one or more landowner not being

prepared to sell or only at a cost significantly in excess of the market value.