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VALE OF GLAMORGAN COUNCIL

 

Minutes of a Special Meeting held on 25th January, 2016.

 

Present:  Councillor Fred Johnson (Mayor); Councillors Antony Bennett,  Jonathan Bird, Bronwen Brooks, Lis Burnett, Philip Clarke, Geoff Cox, Claire Curtis, Rob Curtis, Pamela Drake, John Drysdale, Kate Edmunds, Stuart Egan, Christopher Elmore, Christopher Franks, Eric Hacker, Howard Hamilton, Val Hartrey, Nic Hodges, Jeff James, Hunter Jarvie, Gwyn John, Dr. Ian Johnson, Peter King, Kevin Mahoney, Anne Moore, Neil Moore, Andrew Parker, Anthony Powell, Audrey Preston, Rhona Probert, Gwyn Roberts, John Thomas, Ray Thomas, Rhodri Traherne, Stefan Wiliam, Margaret Wilkinson, Christopher Williams, Clive Williams and Edward Williams. 

 

 

773     APOLOGIES FOR ABSENCE -

 

These were received from Councillors Richard Bertin, Janice Birch, Rhiannon Birch, Keith Hatton, Maureen Kelly Owen, Bob Penrose and Mark Wilson.

 

 

774     DECLARATIONS OF INTEREST -

 

Councillor Rhodri Traherne declared an interest in Agenda Item 3: Vale of Glamorgan Council (A4226, Five Mile Lane Highways Improvements) Compulsory Purchase Order 2016 and Related Side Roads Order.  His interest was of a prejudicial nature on the grounds that he was the owner of land contained within the Compulsory Purchase Order area and, as such, he duly left the meeting prior to consideration of the item.

 

 

775     VALE OF GLAMORGAN COUNCIL (A4226, FIVE MILE LANE HIGHWAYS IMPROVEMENTS) COMPULSORY PURCHASE ORDER 2016 AND RELATED SIDE ROADS ORDER (LEADER) -

 

In introducing the report, the Leader referred Members to the earlier report to Cabinet on 5th October, 2015.  The report represented a series of reports which would be submitted to Members as the scheme progressed.  He pointed out that Group Leaders had been invited to a briefing on the matter and also that the Plaid Cymru Group had sought a briefing for their Group, which had been provided.

 

The Leader reminded Members that, apart from some Council Officer time, the scheme was being sponsored entirely by Welsh Government.  In terms of the Compulsory Purchase Order process, he assured Members that efforts would be made in parallel with landowners to seek to reach agreement on the transfer of land.  However, the Compulsory Purchase Order process was designed to safeguard the Council’s interest in the event that such agreement could not be reached with any individual land owner(s). 

The Leader took Members through the report in detail, highlighting in line with the report the principles of the scheme, its route, the Business Case in support of the scheme and the funding arrangements which had been agreed with the Welsh Government were reported to Cabinet in October 2015. That report could be accessed via the following link.

http://www.valeofglamorgan.gov.uk/en/our_council/council/minutes,_agendas_and_reports/reports/cabinet/2015/15-10-05/A4226-Five-Mile-Lane-Road-Improvements.aspx

 

The A4226 (Five Mile Lane) was a non-primary single carriageway A-road which connected Barry at the Weycock Cross roundabout with the Sycamore Cross junction on the A48, and comprised an essential part of the highway network leading to the  Cardiff Airport and St Athan Enterprise Zones.

 

The proposed Five Mile Lane Highway Improvements would provide a derestricted (60mph) section of single carriageway road to current highway design standards. The existing highway would be retained to provide a safe and accessible route for cyclists along the length of the improved corridor.

 

The proposals stemmed from the strategic plans of both the Welsh Government and the Vale of Glamorgan Council. The new improvements would provide strategic and direct access to the Cardiff Airport and St Athan Enterprise Zone, supporting job creation and employment and would improve road infrastructure, safety and provision of a new cycle route.

 

Five Mile Lane had historically acquired a poor safety record, particularly in the period between 2005 and 2009. During this period there were a number of serious accidents and 3 fatalities. In response, the Council undertook the introduction of a number of safety measures including a 40 mph speed limit with a static speed camera, resurfacing, improved signage and solar powered road studs.

 

The existing road had been the subject of a number of reviews and problem identification exercises. The key problems identified from these studies included: 

  • A perception of poor safety – this was irrespective of the improvement to the accident record since 2011 following the introduction of the safety improvement measures;
  • Safety issues related to the implementation of maintenance and network management on the A4226 itself;
  • Poor horizontal and vertical alignment with inadequate visibility at both junctions and on the existing mainline.  This had the potential to result in increased incidents.  The geometry was sub-standard when compared to its usage (based on Design Manual Road and Bridges (DMRB) standards);
  • Slow moving vehicles used this link, which resulted in driver frustration, as there was no opportunity for overtaking;
  • Poor drainage, resulting in accelerated degradation of the surfacing materials (which were subsequently difficult to replace) and caused dangerous driving conditions;
  • The need to ensure safe  access for local land use and local attractions;
  • An unsafe environment for Non-Motorised User access (e.g. cyclists, pedestrians and equestrians) ;
  • Journey times between the trunk road network and Weycock Cross were variable and both this route and its alternative (Port Road A4050) were subject to this variability;
  • A lack of resilience on the local road network. In the event of incidents the A4226 was not a favourable alternative route due to the constraints of its geometry.

In July 2013 the Welsh Government  Minister for Economy, Science and Transport announced the intention to fund improvements to Five Mile Lane, as a means of improving access to the Cardiff Airport and St Athan Enterprise Zone.  Furthermore, the Welsh Government confirmed the commencement of the scheme preparatory work on 17 March 2014.

 

In addition to the Welsh Government Minister’s commitment for the scheme, the Council included the commitment to improve the road within its Local Development Plan.

 

Purpose of the Scheme

 

The overall aim of the scheme was to support the future land allocation and growth at both the Cardiff Airport and St Athan Enterprise Zones, as well as the wider development plan for the Vale of Glamorgan, as identified in the Vale of Glamorgan Council’s Local Development Plan.

 

At a strategic level the road scheme sought to:

  • Provide strategic and direct access to the St Athan and Cardiff Airport Enterprise Zone in support of the Welsh Government’s policy for job creation and employment;
  • Provide for improved road infrastructure to service traffic needs accessing or commuting through the area of  Barry and the areas west of Barry comprising, but not limited to, Rhoose, St Athan, Llantwit Major as well as the Enterprise Zone;
  • Reduce the risk faced by users of this route in its current form due to its geometry and limited driver visibility and in recognition that the existing proportion of Heavy Goods Vehicles is expected to increase as Enterprise Zone activity develops;
  • Provide a safer route for non-motorised road users in support of the provisions of the Active Travel Bill;
  • Support the ongoing regeneration of Barry (in line with recent major re-development projects currently on going at Barry) and to ensure its status as a visitor destination of regional and national significance was promoted and enhanced;
  • Provide network resilience to cater for additional demand  resulting from the development on or in proximity to the Port Road in Barry;
  • Provide network resilience to cater for alternative route planning in the light of proposals to develop modal shift options which utilised the Port Road and to allow for segregation of traffic accessing the road infrastructure at the local and more strategic levels, such as the Metro.

Description of the Improvement Scheme

 

The Improvement Scheme consisted of the following elements: 

  • A new 4.8km long, two lane single carriageway road designed to current highway standards. This included 1.3km of on line improvement at the southern end of the Improvement Scheme. The new highway alignment would provide a 7.3m wide carriageway with 1m hard-strips either side of the running surface and will provide 2.5m grass verges. The new road would be subject to a de-restricted (60mph) speed limit.
  • A minor reconfiguration of the traffic lanes at the Sycamore Cross junction to accommodate the traffic movements predicted as a consequence of the Improvement Scheme.
  • The creation of two new ghost island junctions and one staggered ghost island junction together with new side roads to link the Improvement Scheme to the existing highway network.
  • The creating of new private means of access from side roads to maintain access to land adjacent to the new Improvement Scheme.
  • The provision of a new accommodation bridge to link land situated on either side of the new road and to provide bridleway access across the new road.
  • A new bridleway route from Northcliffe Cottage to the existing A4226, approximately 200 metres south of the Sutton Fach Farm property
  • The provision of a new cycleway route along the existing road, including a new section of shared cycleway / footway adjacent to the on line highway improvements works from the vicinity of the Hawking Centre to Weycock Cross Roundabout.
  • Provision of new highway drainage within and adjacent to the new highway, including attenuation ponds to control surface water flow into existing watercourses to agreed discharge rates.
  • Realignment of existing watercourses including the provision of new culverts passing beneath the new road.
  • Street lighting and remodelling would be provided in the immediate vicinity at the Sycamore Cross junction and Weycock Cross roundabout.
  • The provision of woodland planting to mitigate for loss of existing vegetation in the Site of Special Scientific Interest (SSSI) Middleton Plantation.
  • A scheme of archaeological investigations works along the route corridor which might be carried out prior to the main construction contract.
  • To construct the scheme it would be necessary to divert or protect existing statutory undertakers’ apparatus. These diversions would take place within the land required for the Improvement Scheme and would be implemented by arrangements with the relevant statutory undertakers.

Benefits of the Improvement Scheme

 

The project would improve the present road to modern Design Manual for Roads and Bridges (DMRB) highway standards, addressing poor visibility, poor horizontal alignment and narrow road width.   This would be done by building a new section of offline highway which tied in to the existing road layout at either end of the existing Five Mile Lane between the roundabout at Weycock Cross and ended at a location circa 700 metres north of the Amelia Trust junction to the south of the new junction at Sycamore Cross.  This would: 

  • Improve strategic access for HGV and development traffic to the Cardiff Airport and St Athan Enterprise Zone;
  • Make cycling and walking safer - a safer environment on the new road and fewer vehicles on the bypassed road (that would have a lower speed restriction);
  • Improve access for regional and local businesses – better access to the M4 and markets and more reliable journey times for customers and freight;
  • Improve conditions for private road users – safer and more reliable journeys;
  • Provide greater resilience on the network by providing a more appropriate alternative route to the Port Road corridor;
  • Improve the safety aspects for highway maintenance on this strategic route;
  • By straightening and widening Five Mile Lane, provide a higher standard, more free-flowing alternative to Port Road;
  • Improve the perceived safety of this link for motorised and non-motorised users;
  • Provide community benefits by providing construction work locally and potential training opportunities.

 

Programme for the Improvement Scheme

 

The Council’s programme currently anticipated, on a without prejudice basis, that works would commence on site in 2017 following on from the consideration of the relevant planning application, an inquiry into the Compulsory Purchase Order, should one occur, and the procurement of the main works contract.

 

Funding for the Improvement Scheme

 

The cost of the scheme was currently estimated at £25.8 including land /property acquisition.  The spend on this project would be closely monitored as the project progresses through the delivery programme.

 

The scheme was being wholly financed through Grant funding to the Vale of Glamorgan Council from Welsh Government.

 

Description of the Order Lands

 

The Order Land was shown on the Order Map and comprised approximately 43.2hectares. The land was predominantly agricultural land in nature and situated to the east of the existing A4226 highway between Blackland Farm and Sutton Fach Farm.

 

Areas of land to the west of the A4226 and immediately south of Blackland Farm and immediately north of Grovelands Farm were also included in the Order.

 

South of Sutton Fach Farm the Order land was located adjacent to and either side of the existing A4226 Weycock Road. A small area of existing car park was required for road widening at the Welsh Hawking centre. To accommodate the online road widening, associated drainage and the provision of an adjacent shared cycle / pedestrian route, land adjacent to the road was required in the SSSI Middleton Plantation.  Loss of woodland would be mitigated through replacement planting in land situated immediately north of the Plantation.

 

Full details of the Order Land appeared in the Schedule to the Compulsory Purchase Order attached as Appendix C to the report to Council.

 

Details of known interest and rights to be acquired were listed in the Schedule to the Compulsory Purchase Order. This Schedule had been prepared based on information gathered through inspection of Land Registry title documents and enquiries made under Section 5A of the acquisition of land Act 1981 and section 297 of the Highways act 1980.

 

Enabling powers

 

Section 239 of the Highways Act 1980 provided a general power for a highway authority to acquire land for the construction of a highway which was to be maintainable at the public expense or to acquire land for the improvement of a highway.

 

Section 240 of the Highways Act 1980 provided a further general power for a highway authority to acquire land for the purposes of carrying out works to stop up, divert or alter an existing highway that crossed or entered the route of the road and to construct a new highway for purposes concerned with such alteration as authorised under Section 14 of the Act.

 

Section 246 of the Highways Act 1980 provided a power for a highway authority to acquire land for the purposes of mitigating any adverse effect the new highway had, or would have, on the surroundings of the highway.

 

Section 250 of the Highways Act 1980 provided a highway authority land acquisition powers to extend to creation as well as acquisition of new rights, while section 260 provided the clearance of title to land that the highway authority already had an interest by agreement.

 

The Council was using its powers under the Highways Act 1980 because there was no certainty  that it would be able to acquire the land and new rights required by agreement, although efforts would be made in parallel with the Compulsory Purchase Order process. The Cabinet  received and agreed a report on the scheme on the 5th October 2015 and at that time agreed the A4226 Land Acquisition Policy attached as an appendix to that report.

 

The land to be acquired was shown coloured pink on the Compulsory Purchase Order map. The land over which new rights were required was shown coloured blue on the Compulsory Purchase Order map. The plan was attached as Appendix A to the report to Council.  The details of the Side Roads Order were attached as Appendix B.

 

Reason for the proposed acquisition

 

The proposed highway realignment would improve a strategic route which supported future land allocation and growth at the Cardiff Airport and St Athan Enterprise Zone as well as the wider development of the Vale of Glamorgan, as identified in the Vale of Glamorgan Council’s Local Development Plan. This supported the Welsh Government’s policy for job creation and employment.

 

The improved highway would support the ongoing regeneration of Barry and ensure its status as a visitor destination of regional and national significance was promoted and enhanced.

 

The realigned highway would be built to current highway standards improving on the existing widening alignment and limited driver visibility. The improved alignment would reduce journey times and provide greater reliability for public transport and highway users. The new alignment would improve road safety and reduce the potential for accident.

 

The scheme would provide a safer route for non-motorised road users in support of the provisions of the Active Travel Bill. It would also provide network resilience to cater for potential alternative route planning in the light of proposals to develop modal shift options which utilise the Port Road and to allow for segregation of traffic accessing the road infrastructure and the local and more strategic levels, such as the Metro.

 

The Side Roads Order would provide for the construction, improvement and stopping up of highways and private means of access.

 

The Compulsory Purchase Order would enable the Vale of Glamorgan Council to acquire the land and the rights of the land necessary for the construction and maintenance of the proposed scheme.

 

The land acquisition included areas required to mitigate the impact of the scheme. This included land required for landscaping, drainage, ecological habitat connectivity, replacement woodland and land required to undertake archaeological investigations.

 

The scheme was identified as part of the deposit stage Local Development Plan and the Council's Local Transport Plan.

 

Relevant Considerations

 

Relevant considerations for Members in reaching their decision were set out throughout the report, but this section focused on factors which arose from case law and Government policy on compulsory purchase as set out in the CPO Circular, to which the Welsh Ministers would have regard if the Order was made by the Council and submitted to them for confirmation.

 

The overarching consideration for the Council in deciding whether to make an Order and for the Welsh Ministers in deciding whether to confirm an Order was set out in paragraph 14 of the Compulsory Purchase Order Circular ( NAFWC 14/2004). This stated: "A compulsory purchase order should only be made where there is a compelling case in the public interest. An acquiring authority should be sure that the purposes for which it is making a compulsory purchase order sufficiently justify interfering with the human rights of those with an interest in the land affected. Regard should be had, in particular, to the provisions of Article 1 of the First Protocol to the European Convention on Human Rights and, in the case of a dwelling, Article 8 of the Convention."  Specific consideration was given to Human Rights issues  below.

 

In the context of that overarching consideration , the following issues should be considered: 

  • whether the purpose for which the land is being acquired fitted in with the adopted planning framework for the area;
  • the extent to which the Scheme would contribute to the achievement of the promotion and/or improvement of the economic, social or environmental well-being of the Council's area;
  • the potential financial viability of the Scheme, general funding intentions and the timing of available funding;
  • impediments to implementation and whether the Scheme had a reasonable prospect of going ahead;
  • whether the purposes for which the proposed Order Land was to be acquired could reasonably be achieved by any other means.

The advice above indicated that the scheme was covered by local and national policy provisions. The scheme would contribute to the economic well - being of the area, it was viable and assuming that planning permission was granted, in due course, for the scheme there were no impediments to implementation.

  

Human Rights considerations

 

In contemplating the use of compulsory purchase powers, the Council had taken into account the Convention of Human Rights as incorporated into United Kingdom law by the Human Rights Act 1998. In particular consideration had been given to the rights set out in Articles 8 and 1 of the first protocol to the Convention of Human Rights. The land to be acquired compulsorily represented the minimum to enable the A4226 Five Mile Lane Highway Improvements scheme to proceed. It was considered that there was a compelling public need for acquisition, which outweighed private land interests.

 

Planning position

 

Planning consent was to be sought for the Improvement Scheme and a Planning Application (with an accompanying Environmental Statement) was likely be submitted in early 2016.

 

Special Considerations

 

At the southern end of the improvement scheme, land was required from the Middleton Plantation which was designated a Site of Special Scientific Interest (SSSI). Consultation had been undertaken with National Resources Wales in relation to the proposals and a scheme for mitigating the loss of woodland had been incorporated into the scheme proposals. In overall terms some 8.4h hectares of mitigation land was being provided.

 

There were no scheduled ancient monuments or listed buildings within the Order land. However, there was a known to be the remains of a Roman Villa within the site area. This had previously been excavated and surveyed for archaeological records.  Ground Penetrating Radar Surveys (GPRS) had revealed a number of possible archaeological features within the corridor of the Order land. A written scheme of investigation had been developed and agreed with Glamorgan and Gwent Archaeological Trust (referenced in the Environmental Statement supporting the scheme). These investigative works might be undertaken in advance of, or as an initial stage of, the construction works. Agreement to undertake the investigation works would be sought from respective landowners, but in case agreement could not be reached, areas had been incorporated into the Order land.

 

Views of Government Departments

 

The Welsh Ministers supported the proposed highway improvements scheme. The Council and the Welsh Ministers had entered an agreement providing funding for the Council to undertake the improvement works as the Highway Authority as reported to Cabinet in October 2015.

 

Consultation

 

The development of the A4226 Five Mile Lane Highway Improvements scheme had involved an ongoing process of consultation with statutory authorities and specialists over a number of years. Details of consultations relating to particular aspects of the environmental assessment and a full list of consultees were to be included in the relevant section of the Planning Application Environmental Statement.

 

Related Orders

 

The Council had, in conjunction with the Compulsory Purchase Order, made provision for a related Side Roads Order, namely the “The Vale of Glamorgan Council (A4226 (Five Mile Lane) Classified Road) Side Roads Order 2016. The Side Roads Order would, if confirmed by the Welsh Ministers enable the construction of the new highways, improvement of highways, stopping-up of highways, stopping up of accesses and creation of new private means of access required in association with the Improvement Scheme. Further details concerning this related order were set out in a separate Statement of Reasons for the Side Roads Order.

 

Resource Implications

 

The Welsh Government grant offer letter made financial provision for costs relating to the purchase of land covered by the proposed Compulsory Purchase Order as well as for any claims arising from the order. Additionally the grant offer would cover the estimated costs of running an Inquiry should there be objections to the compulsory purchase order as well as the costs of appointing a consultant valuer to aid the council in the acquisition process. The costs of staff involved in the scheme in the Property, Legal and Project Management Unit were being met by the Council but the costs of Highways staff technical inputs to the scheme were being met by the grant.

 

Sustainability and Climate Change Implications

 

As required by regulation 3(4) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 ("EIA Regulations") information would be provided in support of a planning application for the scheme.

 

Further environmental information might be required pursuant to the EIA Regulations in relation to reserved matters applications submitted pursuant to the planning permission, or in relation to any other planning applications which might be made in connection with the Scheme. The need for further environmental information would be considered by the Council, as local planning authority, in each case at the relevant time.

 

Equal Opportunities Implications

 

Steps were being and would be taken to ensure that the acquisition processes were applied in a fair and non - discriminatory manner.

 

Corporate/Service Objectives

 

The acquisition of the land, as set out in this report, supported the Corporate Objectives of the Deposit Local Development Plan and the Local Transport Plan which supported delivery of the Five Mile Lane Road Improvement scheme.

 

The Leader duly moved the recommendations contained in the report.

 

Councillor Bird, whilst in favour of the scheme, expressed concern regarding the level of Ward Member consultation undertaken prior to the matter being considered by Council.  He alluded to having only received the report on the Friday of the week prior to the meeting and to having requested the Lead Officer to contact him, but to not having received a reply.  He considered the use of the Compulsory Purchase Order process to be rather “heavy handed” and suggested that much of the land could, for example, be transferred under Licence.  Whilst acknowledging that the scheme would result in an improvement in safety, he did not consider it would improve traffic flow.  Councillor Bird was of the opinion that the Council and Welsh Government should be looking at direct access to linking the M4 motorway to Sycamore Cross or a separate Culverhouse Cross alleviation scheme linking the Airport and Enterprise Zone.

 

In concluding, Councillor Bird asked the Leader if he would give an assurance that interested Members could be kept up to date as the scheme progressed in more detail than had occurred to date. 

 

Councillor Dr. Ian Johnson confirmed the Plaid Cymru Group was broadly in favour of the scheme and recognised the safety issues currently existing in terms of the alignment of the road. 

 

In terms of being made aware of the proposals, Councillor Dr. Johnson referred to this having occurred via a letter of 16th December, 2015.  In addition to any beneficial impact on Barry, he was hopeful that the scheme would also alleviate traffic flow around Port Road and Wenvoe.  However, he questioned whether the scheme would result in increased traffic and, perhaps, to the possibility of future calls for a road going through to Junction 34 of the M4 (something he referred to as having been rejected by the previous Welsh Government).  In that context, he also alluded to the additional housing developments likely to take place in that area of the Vale in the future. 

 

In terms of references to Active Travel, Councillor Dr. Johnson considered there to be a need to tighten up on the terminology used.  In concluding, he considered that the provision of a Dinas Powys By Pass, which had been rejected during discussions of the Local Transport Plan in 2015, to be as important, if not more important than the Five Mile Lane Scheme. 

 

Councillor James was disappointed regarding the negativity of Councillor Dr. Johnson’s comments regarding a scheme which he considered most people had been pressing for and were supportive of improvements.  He felt that Council should be grateful for the support being provided by Welsh Government for the scheme and confirmed that he personally was fully in support of it. 

 

Acknowledging that landowners might well have their own individual issues, he was hopeful that the Council could resolve such matters.  He shared the concerns regarding Ward Member consultation as expressed by Councillor Bird.  Acknowledging there had been consultation previously regarding the principles of the scheme, he did not see that as the same as consulting on the more detailed elements of the process.  Councillor James felt the scheme would benefit Barry, Cardiff Wales Airport and the Enterprise Zone.  In concluding, he concurred with Councillor Bird’s request that they (as local Ward Members) be consulted more fully as the scheme progressed. 

 

The Deputy Leader welcomed the scheme and the recommendations contained in the report and duly seconded the recommendations.

 

Commenting on the earlier comment regarding the definition of Active Travel, Councillor Drysdale considered the reference within the report to the criteria for Active Travel to be valid.

 

Councillor Franks expressed his appreciation to officers for fully engaging with the Plaid Cymru Group and for providing the full information that had been available.  Whilst acknowledging that the Scheme would improve traffic flow, Councillor Franks pointed out that no proposals existed for improvements to Culverhouse Cross, where a significant amount of the traffic would still reach.  He understood how the scheme would benefit the Enterprise Zone, but was unsure as to its ability to help regenerate Barry.  In concluding, Councillor Franks reiterated the call for the provision of a Dinas Powys By Pass and to that scheme deserving a far higher priority than it had been accorded.

 

In summing up, the Leader reminded Members of the briefing offered to Leaders of all the political groups on the Council and to the additional briefing provided at the request of the Plaid Cymru Group.  As such, it could be seen that additional information was available for Groups and Members if such information had been requested.  He again reminded Members of the existence of the earlier report to Cabinet in October 2015.  As far as ‘local Ward Members’ were concerned, he suggested that the actual scheme affected people on a much wider scale and to the scheme being, in some respects, of ‘Council-wide’ relevance. 

 

The Leader did not consider the proposed use of the Compulsory Purchase Order process to be ‘heavy handed’.  Some of the land would be required for drainage works, some would need to be acquired for archaeological reasons.  Referring to the suggestion of land being transferred under licence, he reiterated the point that the Council, in tandem with the Compulsory Purchase Order approach, would be talking to all landowners with a view to reaching agreement.  Whilst there might be scope for a ‘licence’ approach to be used, this would depend on the use of the land concerned.  Again, he reminded Members of the advantages of the process being proposed in that it would provide a degree of control for the Council in the event of agreement not being reached with landowners.  He acknowledged the point made regarding traffic conditions at either end of the Five Mile Lane, but pointed out that the overall route would, indeed, be a safer one. 

 

He reminded Members that the Dinas Powys By Pass Scheme was not under consideration and that it was not a scheme that had been either agreed or supported by Welsh Government.  He accepted the limited number of jobs which had been created at the Enterprise Zone to date, but reiterated the benefits that the scheme would have in terms of attracting future employment, given the improved accessibility which the scheme would provide. 

 

The Leader felt that the support being provided by Welsh Government was illustrative of the need for the road improvements.  Given that certain parts of the existing Five Mile Lane would be capable of being utilised by pedestrians/cyclists, he was satisfied that Active Travel references in the report were valid. 

 

He agreed in principle with the comments made by Councillor James relating to land ownership and suggested that the implementation of the proposed scheme would relieve traffic issues on the existing road network and that any future direct link to Junction 34 would also be better, as it would relieve traffic pressure on Port Road, the Link Road and, Cardiff Road Barry, which, in turn, would alleviate traffic pressure through Dinas Powys.  In terms of regeneration, the proposal was not necessarily about the regeneration of Barry town, but he anticipated that it would allow easier access to the town.  He reminded Members that the scheme was part of the Welsh Government’s national policy and had been included in the Councils Local Development Plan.  In terms of phasing, the next stages were the CPO, Planning and tender exercises. 

 

Upon being put to the vote, it was unanimously

 

RESOLVED -

 

(1)       T H A T, subject to consideration of the matters set out in this report to make a Compulsory Purchase Order, entitled “The Vale of Glamorgan (A4226 Five Mile Lane Highway Improvements) Compulsory Purchase Order 2016  (“the Compulsory Purchase Order”) pursuant to powers under 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 shown coloured pink and the creation and acquisition of new rights over the land coloured blue on the draft Compulsory Purchase Order map attached at Appendix A to this report (the proposed "Compulsory Purchase Order Land") for the purposes of facilitating the delivery of the A4226 Five Mile Lane Highways Improvement Scheme on land adjacent to the existing route of the A4226 Five Mile lane, as more fully described in the report ("the Scheme").

 

(2)       T H A T, subject to consideration of the matters set out in this report to make a Side Roads order, entitled “ The Vale of Glamorgan Council A4226 (Five Mile Lane) Classified Road Side Roads Order 2016 pursuant to powers under sections 14 and 125 of the Highways Act 1980 for the construction of new highways and for the stopping up of private means of access to premises and the provision of new means of access to premises in support of the Five Mile Lane Road Improvement scheme, as more fully described in the report ("the Scheme") and  the draft Side Roads Order map attached at Appendix B to this report ( the proposed “Side Roads Order”).

 

(3)       T H A T the Director of Environment and Housing, acting in consultation with  Head of Legal Services, be authorised on behalf of the Council:

 

(a)          to take all steps to secure the making, confirmation and implementation of both  the Compulsory Purchase Order ("the Compulsory Purchase Order") and the Side Roads Order  (“the Side Roads Order”) including the publication and service of all notices and the promotion of the Council's case at any public inquiry, including but not limited to the steps in (b) to (h) below;

 

(b)          to make any amendments, deletions or additions to the draft Order Maps and/or draft schedules to the Orders so as to include and describe all interests in land and rights required to facilitate the carrying out of the Scheme;

 

(c)          to acquire interests and new rights in the Order Land either by agreement or compulsorily (including pursuant to any blight notices as appropriate) including conduct of negotiations, making provision for the payment of compensation and where appropriate, provision for temporary and/or permanent relocation of affected parties and/or for cases of exceptional hardship ;

 

(d)          to negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and/or the withdrawal of objections to the Order and/or undertakings not to enforce the Order on specified terms, including where appropriate seeking the exclusion of land or rights from the Order, making provision for the payment of compensation and/or for relocation;

 

(e)          in the event that the Order is confirmed by the Welsh Ministers, to advertise and give notice of confirmation and thereafter to take all steps to implement the Order including, to execute General Vesting Declarations and/or to serve Notices to Treat and Notices of Entry in respect of interests and rights in the Order Land;

 

(f)           to take all steps in relation to any legal proceedings relating to the Order including defending or settling claims referred to the Lands Tribunal (Lands Chamber of the Upper Tribunal) and/or applications made to the courts and any appeals; and

 

(g)          to retain and/or appoint external professional advisers and consultants to assist in facilitating the promotion, confirmation and implementation of the Order, the settlement of compensation and any other claims or disputes; and

 

(h)          to appoint external valuers to assist in dealing with the land acquisition process and land valuation issues relating to the Order and any resultant claims for compensation.

 

Reasons for decisions

 

(1)       To provide authority for the Compulsory Purchase Order required to acquire land for delivery of the A4226 Five Mile Road Improvement scheme.

 

(2)       To provide authority for the Side Roads Order required in support of the Compulsory Purchase Order.

(3)       To delegate authority to officers to take forward the processes involved in taking forward both the Compulsory Purchase Order and the Side Roads Order.