BOROUGH OF POOLE

CABINET

27TH SEPTEMBER 2005

TRANSPORT AND WORKS ACT ORDER – PUBLIC INQUIRY – WITHDRAWAL OF OBJECTION AGREEMENTS – REPORT OF THE PORTFOLIO HOLDER WITH RESPONSIBILITY FOR LOCAL ECONOMY (INCLUDING TRANSPORTATION)

1.0PURPOSE OF REPORT

1.1To seek delegated authority to resolve a number of outstanding issues in relation to the Inquiry into the Transport and Works Act Order.

2.0RECOMMENDATION

2.1Cabinet are recommended to grant delegated authority to the Policy Director in consultation with the Portfolio Holder and the Head of Legal and Democratic Services to enter into legally binding undertakings or other forms of agreements or to agree amendments to the draft order in order to secure the withdrawal or settlement of objections with the parties who have given notice of their objections to be heard at the forthcoming Public Inquiry. These include, Poole Harbour Commissioners, RNLI, JJ Gallagher and Land Improvement Holdings Ltd, Marine Developments Ltd and James Sherborne but others may come forward during the inquiry.

3.0BACKGROUND

3.1As Members will be aware, a Public Inquiry into objections to the Council’s Transport and Works Act Order opens on the 27th September 2005.

3.2Officers in the Regeneration Project Team have put in a considerable amount of work in recent months with the aim of reducing the nature and scope of the objections to the proposed Order.

3.3Good progress has been made with this, but inevitably discussions are still continuing as the Inquiry opens.

4.0ISSUES

4.1It is likely that the parties mentioned above, who have all signified their intentions to appear at the Inquiry in furtherance of their objections, will be prepared to withdraw these objections. Agreements will be needed to embody the terms of these withdrawals which can be likened to out of court settlements in litigation proceedings. The terms of the agreements revolve around operational matters with regard to the construction, use and operation of the new bridge but may involve modifications to the draft order . The agreements and undertakings will be completed on the advice of the Councils Parliamentary Agents Rees and Freres and Andrew Tait QC.

4.2Because negotiations are still continuing and these matters are now urgent, delegated authority is requested for the Policy Director in consultation with the Portfolio Holder and the Head of Legal and Democratic Services to enter into such agreements as are necessary with registered objectors with the view to securing the withdrawal of their objections at the Public Inquiry.

4.3Urgent action will need to be taken in connection with this matter and the decision should not be subject to the normal “call-in” period.

Bernie Topham

Policy Director responsible for Local Economy (including Transportation)

21st September 2005

1

21/04/201907:54 V3.0