Agenda Item 11
BOROUGH OF POOLE
CABINET
8TH SEPTEMBER 2009
BOROUGH OF POOLE (POOLE HARBOUR OPENING BRIDGES) ORDER 2006
TRANSPORT AND WORKS ACT 1992: LAND ACQUISITION AND ACQUISITION OF EASEMENTS: REPORT OF THE HEAD OF PROPERTY SERVICES AND ASSET MANAGEMENT
PART OF THE PUBLISHED FORWARD PLAN YES
STATUS (Strategic, Service Delivery Information)
- PURPOSE
1.1The purpose of this report is to recommend the acquisition of the freehold of land, known as plots 10, 19 and 34 by private treaty and the acquisition of temporary and permanent easements over land known as plots 11, 12 and 18 which is land to be acquired for the bridge works under the terms of the Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (The Order), and to report the acquisition of freehold land and the acquisition of permanent and temporary rights owned by James and Charles Sherborne known as plots 2, 4, 14, 15, 17, 23, 24, and 26. All of the aforementioned plots are identified on the extract Order plan attached as Appendix 1.
- DECISION(S) REQUIRED
Cabinet is requested to approve:
2.1To approve the acquisition of the freehold land (and any other 3rd party interests), known as plot 10 being 153 square metres, plot 19 being 2 square metres and plot 34 being 21 square metres within the Book of Reference, (BoR), prepared for the Order.
2.2To approve the acquisition of a temporary easement (being 3 months prior to commencement of the Works and to continue for 12 months after the construction of the bridge is complete), across the land known as plot 11 within the BoR, being 73 square metres.
2.3To approve the acquisition of a permanent easement across the land known as plots 12 and 18 within the BoR, being 78 square metres.
2.4To authorise the Head of Property Services and Asset Management to amend the agreed heads of terms if necessary in order to secure the plots required, such amendments to be subject to consultation with the Portfolio Holder for Efficiency and Effectiveness and the Head of Financial Services to ensure the budget is secured and best consideration has been achieved.
- BACKGROUND/INFORMATION
3.1The Transport and Works Act Order (TWAO) came into effect on the 14th September 2006. The associated book of reference to the order identified 46 plots of land required to enable the construction of the Twin Sails Bridge (the updated book of reference from May 2009 reduced this number to 45 plots). The Order served as the first stage in the compulsory purchase process, which would be used as an instrument of last resort in the event that the Council was unable to reach agreement within prescriptive construction deadlines (i.e. before January 2010).
3.2Cabinet gave consent on the 4th December 2008 to the Head of Property Services and Asset Management to commence negotiations on the said land under the Council’s powers in the 2006 Transport and Works Act Order (TWAO). The agreed terms to be referred to Cabinet for approval.
3.3Negotiations have been undertaken and agreements have been reached in principal to acquire plots, 10, 11, 12, 18, 19 and 34 through freehold purchase and temporary and permanent easements without the need for compulsory acquisition powers.
3.4Principles of best consideration have been applied in arriving at the purchase price and easement fees. Plots 10, 11, 12, 18, 19 and 34 were negotiated on the same basis as plots’ 2, 4, 14, 15, 17, 23, 24, and 26 were acquired.
3.5As the plots required may be subject to third party rights, (i.e. rights of occupiers under leases) and it has not been possible to obtain the detail of all rights at the date of this report the agreed terms may be subject to renegotiation if any rights are found to be onerous to the land acquisition and easements. Notices have been served in order to obtain details of any third party rights. Any compensation payable due to any onerous third party rights will be resolved within the contingency budget.
- FINANCIAL IMPLICATIONS
Original Estimate for Land Acquisition / £500,000
Actual spend - Sherborne / £375,375
Budgeted Stamp Duty - Sherborne / £14,700
Budgeted Acquisition and Easement Cost for plots 10, 11, 12, 18, 19 and 34 / £120,000
Total Spend / £510,075
(Excluding stamp duty land tax, legal fees and disbursements)
The additional sum of £10,075 to be met from contingency.
- LEGAL IMPLICATIONS
5.1The plots of land referred to in this report are required to ensure the delivery of the works under the Order. Acquisition by private treaty will settle the amount of compensation arising from the Council’s compulsory purchase powers.
6.RISK MANAGEMENT IMPLICATIONS
6.1Failure to acquire the land in time will delay the award of the works contract.
6.2Construction works to the bridge cannot commence without full control of all plots of land identified in the BoR within the immediate area of the new bridge and associated link road. There is no guarantee that agreement by private treaty will be complete within the deadline. In order to mitigate this risk the compulsory purchase procedure may be invoked on or before the 16th September 2009.
6.3Cabinet has approved the use of the powers contained within the Borough of Poole (Poole Harbour Opening Bridges) Order 2006 and the Compulsory Purchase Act 1965 to take all the necessary and related action to serve all the statutory and non-statutory notices necessary to acquire compulsorily the land necessary for access to and for the construction and maintenance of the new bridge and associated works. (Cabinet Minute CA127.9)
7.EQUALITIES IMPLICATIONS
7.1There are no equalities implications arising from the acquisition of this land from a commercial operator.
8.CONCLUSIONS
8.1It is recommended that Cabinet approves the actions taken to date and authorises the Head of Property Services and Asset Management to complete any outstanding negotiation.
Report Author:Richard Hickman FRICS
Asset and Strategy Manager, Property Services
Contact officers: Sally Tomlinson BSc (Hons) MRICS
Strategic Estate Manager
Diana Goldsmith
Principal Solicitor
Appendix 1:Extract Order plan.