Agenda item

To consider the report of the Director of City Development setting out the work undertaken to date in order to assemble land to facilitate the delivery of the East Leeds Orbital Road and which requests Executive Board approval to make a Compulsory Purchase Order and a Side Roads Order and also to approve the financing package for the scheme.

(Please Note: Appendix 6 of this report is designated as exempt from publication under the provisions of Access to information Procedure Rule 10.4(3))

Further to Minute No. 149, 8^th February 2017, the Director of City Development submitted a report which sought approval for the Council to make a Compulsory Purchase Order and related Side Roads Order in order to assemble the land necessary for the construction and adoption of the East Leeds Orbital Road (ELOR). The report also sought agreement to a financing package for the ELOR scheme, and presented an update on the work undertaken on this project to date.

In considering the report, further to the Wards highlighted within the submitted report, it was highlighted that Alwoodley Ward would also be affected by the initiative, specifically the advanced junctions work.

Responding to a Member’s enquiry, it was confirmed that although there was no provision for a bus lane on the East Leeds Orbital Road itself, there were a number of public transport improvements proposed to be undertaken as part of the overall East Leeds Extension programme.

Following consideration of Appendix 6 to the submitted report designated as exempt from publication under the provisions of Access to information Procedure Rule 10.4(3), which was considered in private at the conclusion of the meeting, it was

RESOLVED –

(a)  That the Director of City Development be authorised to make the Leeds City Council (East Leeds Orbital Road) Compulsory Purchase Order 2017 ("the CPO") under sections 239, 240, 246, 249, 250 and 260 of the Highways Act 1980, the Acquisition of Land Act 1981 and all other enabling powers, as per the details set out in paragraphs 3.5 – 3.8 of the submitted report, and the plan at Appendix 3 (subject to any final amendments the Director of City Development considers necessary);

(b)  That the Director of City Development be authorised to make the Leeds City Council (A6120 (East Leeds Orbital Road Classified Road) Side Roads and Other Works) Order 2017 ("the SRO") under sections 14 and 125 of the Highways Act 1980 and all other enabling powers, as per the details set out in paragraphs 3.5 – 3.8 of the submitted report and the plan at Appendix 4, (subject to any final amendments the Director of City Development considers necessary);

(c)  That the Director of City Development be authorised to take all necessary steps to proceed with, and secure confirmation of the CPO and SRO, including the service of all requisite notices on affected parties in connection with the making, confirmation and implementation of the CPO and SRO and making of agreements and undertakings with landowners and other affected parties necessary in order to secure removal of any objections made to the CPO and SRO (where such agreements and undertakings are appropriate), and subject to the confirmation of the CPO, the making of one or more general vesting declarations under the Compulsory Purchase (Vesting Declarations) Act 1981 or the service of Notice to Treat and Notice of Entry under the Compulsory Purchase Act 1965, and if necessary presenting the Council’s case at any public inquiry or other proceedings;

(d)  That approval be given to the provisional financing package for the East Leeds Orbital Road, as set out within section 4.4 of the submitted report, and as detailed within exempt Appendix 6, and that approval be delegated to the Director of City Development: to enter into a funding agreement with the West Yorkshire Combined Authority for an initial grant from the West Yorkshire Transport Fund of £11.81m and to draw down the full amount of an £82.95m grant allocation; and also for the approval of a provisional borrowing requirement of £43.68m;

(e)  That approval be given for the Council to underwrite all land assembly costs and compensation costs arising from the making and implementation of the CPO and SRO in the event that these exceed the available WYTF grant available, and on the basis that such costs will be fully recoverable through roof tax payments, as set out in section 4 of the submitted report;

(f)  That approval be given for the scheme to be injected into the Council’s Capital Programme, and subject to confirmation of the WYTF Grant, that ‘Authority to Spend’ be delegated to the Director of City Development, in consultation with the Chief Officer (Financial Services), to procure and let the construction contract or contracts for the East Leeds Transport Package;

(g)  That in the event that the Council will need to acquire additional land or interests in order to ensure that ELOR is delivered, the Director of City Development, in consultation with the Chief Officer (Financial Services) and Executive Member for Regeneration, Transport and Planning be authorised to inject relevant schemes to the capital programme and be provided with the necessary delegated authority to agree ‘authority to spend’ for such schemes, with it also being noted that such additional costs will be recovered through the East Leeds Extension roof tax;

(h)  That approval be given for the estimated cost of land assembly for interests that include land outside the direct route of ELOR (as set out in exempt Appendix 6 to the submitted report), to be injected into the Capital Programme, and that the Director of City Development be authorised to agree appropriate terms and acquire such land or interests in land that may be necessary in order to enable the delivery of the ELOR scheme;

(i)  That it be agreed that the information as contained within Appendix 6 to the submitted report be treated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4(3), and that the recommendations, as detailed within the exempt Appendix 6 (considered in private at the conclusion of the meeting), be approved.