Issue - meetings

CPO

Meeting: 15/02/2011 - Cabinet (Item 17)

17 Compulsory Purchase Order - New Medway River Bridge, Halling

Minutes:

This exempt report set the context for a recommendation that compulsory purchase powers be used to facilitate the construction of a new bridge connecting Halling and Wouldham in Tonbridge and Malling Borough Council's area.

 

During the discussion of this item Members were advised that following a communication from Tonbridge and Malling Borough Council confirmation would need to be sought as to whether the determination of this issue was a matter for Cabinet or Council. If it was a matter for Council the matter would be referred to Council on 3 March 2011 for determination.

 

Decision number:

Decision:

40/2011

The Cabinet agreed that a Compulsory Purchase Order be made under Section 239 and Section 250 of the Highways Act 1980 in respect of the land shown as No. 2, Medway Ports land (Peel Holdings) within Medway Council’s area; and No. 4, Network Rail land on the plan attached to the report to facilitate the construction of a new Medway Bridge connecting Wouldham with Halling, subject to a formal deed of indemnity being entered into to ensure a full indemnity by Tonbridge and Malling Borough Council of any costs/compensation incurred by Medway Council in the CPO process.

41/2011

The Cabinet agreed that decision 40/2011 should be referred to Council on 3 March 2011 for approval if legal advice after the meeting confirms this to be necessary.

 

Reasons:

 

Without a compulsory purchase order it appears most unlikely the new Medway Bridge can be constructed.