To seek approval from Cabinet to make a Compulsory Purchase Order (CPO) and Side Roads Order (SRO) for the acquisition of land and rights required to construct, operate, facilitate and maintain the first phase of the Hereford Western Bypass.

• The proposed Cabinet decision begins the process of acquiring land, aiming first to reach agreements with landowners and their agents through negotiation, to purchase land to pave the way for the Western Bypass – Phase 1 infrastructure project.
• If negotiations are unsuccessful, the Compulsory Purchase Order (CPO) process approved by Cabinet will serve as a backstop to ensure land acquisition stays on schedule.
• Where individual land parcels are acquired through negotiation, they will be removed from the CPO process.
• It was noted that some land was already owned by Hereford Council, while National Highways and Network Rail have interests in smaller parcels.
• The land to be acquired matches that of a previous CPO process concluded in 2019, but that order has now expired.
• If Cabinet approves the new CPO and Side Roads Order (SRO), the draft statement of reasons will be finalised and served on all relevant parties, along with the orders and recommendations as outlined in the report.

Group Leaders were invited to offer their views:

The Liberal Democrat Group outlined their views and noted that:

• They support the Cabinet’s recommendations regarding land acquisition - they view the measures as prudent precautions, ensuring that if there are any difficulties during negotiations for acquiring land, the council will have the ability to trigger further action to secure the required land.
• The group expresses their support for the recommendations to safeguard the process.

The Green Group outlined their views and noted:

• Significant concerns about the Hereford Western Bypass Phase 1 land acquisition process, criticizing the lack of transparency and detail regarding costs, risks, and the strategic business case.
• Additional concerns that the council is borrowing an additional £30 million, leading to a long-term financial burden for local taxpayers.
• Members do not have clear visibility on likely costs or risks of overspending which in turn is frustrated by the absence of a full strategic business case.
• The lack of clarity within the Compulsory Purchase Order process, biodiversity net gain (BNG) requirements, and up-to-date transport modelling opens the council up to the risk of being in breach of Department for Transport appraisal guidance.
• That the group would be more supportive if there were realistic prospects of the project staying within budget and if information were provided in a timely and transparent manner.

The Independent for Herefordshire Group outlined their views and noted:

• Concerns about the speed of the Compulsory Purchase Order (CPO) process for the Hereford Western Bypass, warning that rushing could lead to mistakes as happened in 2019.
• A challenge to the claims in the report about the bypass removing significant traffic from the A465/A49 junction, citing personal observations and a self-conducted traffic survey that found little evidence to support these statements.
• A contention around the factual accuracy in the report and questions the validity of claims about road collisions and the availability of supporting data.
• A lack of transparency, noting that some referenced data in the modelling had not been published or made available to councillors or the public. They request that all relevant documents be listed and accessible for scrutiny.
• That the administration is intent on proceeding with the bypass and associated housing developments without sufficient evidence.
• That the governance process for approving the final business case should involve a full council meeting due to the public interest and use of taxpayer money.

The Leader of the Council concluded the discussions noting that:

• Having a western bypass is an obvious necessity, despite differing views among councillors.
• There has been a commitment to provide and publish all the information in due course when that is appropriate.  It is misplaced to insinuate that information has been hidden. It was confirmed that when officers have had the opportunity to process all the information and it is deemed necessary, the information will be published and will be transparent. 
• The decision proposed at this meeting is not about debating the merits of the bypass but about putting in place a necessary backstop process in case negotiations for land acquisition do not proceed as hoped.

The Leader of the Council invited a proposer and seconder for the decision before them which is:

To agree to resolve that the Council

a)             note the draft Statement of Reasons (at Appendix 1);

b)             makes The County of Herefordshire District Council (Hereford Western Bypass – Phase One) Compulsory Purchase Order 2026 (CPO) 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 all interests (both residential and commercial), and any other interests as may arise, which are not already owned by the Council and new rights within        the areas shown edged red and shaded pink and blue on the plans attached at Appendix 2

c)             note The County of Herefordshire District Council (South Wye Transport Package – A4194 Southern Link Road) (Classified Road) (Side Roads Order) Order 2018 (2018 SRO) attached at Appendix 3 which was confirmed by the Secretary of State in March 2019.

d)             Delegate authority to the Corporate Director for Economy and Environment             to

a. make The County of Herefordshire District Council (Hereford Western Bypass – Phase One) Side Road Order 2026 (SRO) (if required) under Section 14 and 125 of The Highways Act 1980 and all other purposes necessary to

i)               Improve the lengths of highway referred to in the SRO and the corresponding plan

ii)             Stop up each length of the highway as referred to the SRO and the corresponding plan

iii)            Construct a new highway along each route as referred to in the SRO and the corresponding plan;

iv)            Stop up each private means of access to         premises as referred to in the SRO and the corresponding plan;

v)             Provide new means of access to premises as referred to in the SRO and the corresponding plan which will be as per the plan appended to the 2018 SRO (subject to any amendments to the said plan the Corporate Director for Economy            and Environment shall determine as being   necessary if the SRO is required);

b.    to make such minor or technical amendments to the CPO and    or SRO (together “the Orders”) and associated plans as the         Corporate Director for Economy and Environment shall determine

c.     take all necessary and ancillary steps, including preparing and finalising all necessary documentation (including the Orders and supporting statements of reasons), the submission of the Orders to the Secretary of State for confirmation, publication           and service of all statutory notices and the presentation of the Council’s case at any public inquiry to secure the confirmation of the CPO and SRO by the Secretary of State;

d.    acquire all interests in land within the areas of the CPO either compulsorily or by agreement;

e.     deal with objections to the Orders including agreeing terms for     the withdrawal of objections in order to secure the delivery of Phase One of the Hereford Western Bypass Scheme;

f.      negotiate and enter into agreements or undertakings with persons with any interest in the land affected by or relating to the Orders;

g.    remove from the CPO any plot (or interest therein) no longer required to be acquired compulsorily and to amend the interests scheduled in the CPO (if so advised) and to alter the nature of the proposed acquisition from an acquisition of existing property interests to an acquisition of new rights;

h.     make any minor amendments as are considered necessary to the Orders arising as a result of negotiations with affected persons or further design work to enable the delivery of Phase       One of the Hereford Western Bypass Scheme

i.      make any amendments to the Statement of Reasons a draft version of which is annexed at Appendix 1 to this report as are considered necessary prior to its submission to the Secretary of State;

j.      confirm the CPO if granted power to do so by the Secretary of State;

k.     to implement the CPO, SRO and 2018 SRO, including the acquisition of all necessary land and interests and new rights and to take all steps to secure the settlement of compensation arising from the implementation of the Orders including referral to the Upper Tribunal Lands Chamber.

l.      to pay such compensation and to carry out any other additional steps needed for the implementation of the CPO, SRO and 2018 SRO and make any other operational decisions to implement these recommendations

The Cabinet Member for Transport and Infrastructure proposed the vote, the Leader seconded.   

The recommendations were unanimously approved.