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 and for in principle approval for the making of  Compulsory Purchase Order (CPO) and Side Roads Order (SRO)  if required, for the same purpose.

The cabinet member transport and roads introduced the report. He highlighted that the South Wye Transport Package (SWTP) was a priority for the council and that the southern link road (SLR) would reduce congestion, provide access to the Hereford enterprise zone and encourage physical activity and exercise. Funding had been secured to deliver the package and moving to secure the land required would demonstrate the council’s commitment to delivery of the scheme. The council would seek to acquire the land by agreement but compulsory purchase orders (CPOs) would be used where necessary. Landowners would not be disadvantaged by entering into negotiations early. Terms for the purchases would be in accordance with statutory guidance. The cost of the proposed land acquisitions was estimated to be in the region of £1m excluding fees, taxes etc. The costs would be contained within the overall scheme budget.

In response to questions from a group leader the leader stated that the reasons for delivering the SLR in this time frame had been fully discussed in previous meetings, including at scrutiny, in previous cabinet meetings and as part of the core strategy. He further stated that the purchase of properties outside the footprint of the road would be considered on a case by case basis.

The cabinet member economy and corporate services drew attention to the many exciting plans in place for Herefordshire including the university project and shell store incubator. He acknowledged that the SLR would not solve all traffic related issues but would contribute as part of a wider programme of improvements.

The assistant director environment and place commented that some enquiries had been made regarding the potential purchase of properties outside the footprint of the planned SLR. A further report would be brought to cabinet in the event that there was a sound business case for making any such purchases.

A group leader queried the funding arrangements for the SWTP. He noted that the growth fund allocation of £27m was not fully secured and that the council was to contribute £3m towards the scheme. He asked which budget the £3m contribution would be taken from and what this would impact on.

The assistant director environment and place explained that the £27m allocation from the growth fund had conditions attached and required the council to deliver the whole package which included the SLR and complimentary measures. Certain elements could be delivered in advance of the SLR and some would come later. The Local Transport Plan (LTP) budget would fund the £3m contribution from the council with items prioritised on an annual basis.

A group leader stated his concerns that the SLR would enable housing development rather than deliver additional employment.

It was noted that the principle of delivery of the SLR and related issues had been debated on previous occasions and that permission for the road had been granted.

A group leader queried if it was appropriate to take the decision on land acquisition at the current meeting as there was a suggestion that the Local Government Ombudsman (LGO) was conducting an investigation into the SWTP.

The solicitor to the council stated that it was not permissible to disclose if an LGO investigation was ongoing or not but that regardless of any potential procedure it was appropriate for the cabinet to make the decision before them at the current meeting.

Resolved 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;

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; and

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