To confirm making of the Compulsory Purchase Order (CPO) and Side Roads Order (SRO) and to approve the procurement of a contractor for the Southern Link Road (SLR).

THAT:

(a)        the Director for Economy, Communities and Corporate be authorised to arrange for the making of the County of Herefordshire District Council (South Wye Transport Package – Southern Link Road) Compulsory Purchase Order 2017 pursuant to sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and the Acquisition of Land Act 1981 for the acquisition of the land interests and new rights within the areas coloured pink and blue respectively shown on the plan attached at appendix A (subject to any minor or technical amendments to the said plan as the Director for Economy, Communities and Corporate considers) and for compensation payments to be made in accordance with the relevant legislation;

(b)       the Director for Economy, Communities and Corporate be authorised to arrange for the making of the County of Herefordshire District Council (South Wye Transport Package – Southern Link Road) Side Road Order 2017 under Section 14 and 125 of the Highways Act 1980 as shown in the plan attached at Appendix B (subject to any final amendments of the said plan the Director for Economy, Communities and Corporate considers necessary);

(c)        the Director for Economy, Communities and Corporate be authorised to arrange for the making of the Compulsory Purchase Order and the Side Road Order and to take all the necessary and ancillary steps, including the publication and service of all statutory notices and the presentation of the Councils case at any public inquiry, to secure the confirmation of the orders by the Secretary of State;

(d)       the Director for Economy, Communities and Corporate be authorised to implement the Orders, including the acquisition of all necessary land and interests and new rights, and to pay compensation including acquisitions agreed by negotiation and to carry out any other additional steps needed for the implementation of the Orders for the Southern Link Road;

(e)        the Director for Economy, Communities and Corporate be authorised to take all operational decisions necessary to establish and implement a procurement strategy to inform and enable a decision to award a contract to the best value tender for the construction of the SLR within a budget up to £150,000.

Not to utilise CPO powers and rely on negotiations with landowners to secure all the necessary land and rights to deliver the Southern Link Road (SLR). This would place additional risk both in respect of timescale and could result in considerable delay and possibly prevent delivery of the road due to one or more landowners not being prepared to sell or only at a cost significantly in excess of the market value. In accordance with the Department for Communities and Local Government (DCLG) guidance on CPOs published in October 2015, the council has and will continue to try and negotiate the acquisition of the necessary land and rights by agreement if the order is made.