URL: https://sandwell.moderngov.co.uk/ieDecisionDetails.aspx?ID=1107

Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: Approval to use the Council’s Compulsory Purchase powers to acquire land and property required for the Smethwick to Birmingham Inclusive Growth Corridor Transport Package

Content: Resolved:-   (1)  that approval is given to the layout of the Smethwick to Birmingham Inclusive Growth Corridor Transport Package: A457 Grove Lane/ B4135 Cranford Street Multi-modal Improvements scheme as shown on Drawing No. 43535 S/1 (Appendix A);   (2)  that subject to recommendation 2.1 being approved, delegate authority is given to approve amendments to the scheme following public consultation to the Cabinet Member for Environment & Highways, in conjunction with the Cabinet Member for Regeneration & Infrastructure;   (3)  that delegated authority is given to the Executive Director – Place to submit a Full Business Case to the West Midlands Combined Authority in respect of the Smethwick to Birmingham Inclusive Growth Corridor Transport Package: A457 Grove Lane/ B4135 Cranford Street Multi-modal Improvements scheme following completion of all statutory processes;   (4)  that delegated authority is given to the Executive Director – Place to enter into negotiations and to acquire, on terms to be agreed by the Executive Director – Place, land and property within the proposed Order lands, in advance of confirmation of the Compulsory Purchase Order by the Secretary of State subject to the availability of finances;   (5)  that delegated authority is given to the Executive Director – Place to make any necessary minor amendments to the Borough Council of Sandwell (Grove Lane and Cranford Street Highway Improvements) Compulsory Purchase Order and the "Map referred to in Borough Council of Sandwell (Grove Lane and Cranford Street Highway Improvements) Compulsory Purchase Order " prior to it being made and submitted for confirmation;   (6)  that delegated authority is given to the Service Director - Governance to undertake all necessary actions and steps to make and secure a Compulsory Purchase Order in respect of the land needed for highway improvement purposes shown shaded blue on drawing 43672 S/1 (Appendix B) or such lesser land as may be deemed necessary under the powers contained in sections 239, 240 and 250 of the Highways Act 1980;   (7)  that delegated authority is given to the Service Director - Governance to affix the common seal of the Council and serve the necessary notices and documentation as required by the Highways Act 1980 and Acquisition of Land Act 1981 and submit the Compulsory Purchase Order to the Secretary of State for Transport for confirmation;   (8)  that delegated authority is given to the Service Director - Governance in the event the Compulsory Purchase Order is unopposed and granted powers to do so by the Secretary of State for Transport, to confirm the above order and serve all necessary notices to implement the Compulsory Purchase Order including the issuing of sheriff warrants;   (9)  that delegated authority is given to the Service Director - Governance enter into any licences, undertaking or other agreements to facilitate the Compulsory Purchase Order on terms to be agreed on terms to be agreed by the Executive Director of Place;   (10)               that delegated authority is given to the Service Director - Governance to take all necessary action to secure the making, confirmation and implementation of the Compulsory Purchase Order and if objections are received to the Compulsory Purchase Order make arrangements for public inquiries including instructing external Counsel and Consultants to assist in the preparing evidence and the presentation of the Council’s case at any public Inquiry;   (11)               that delegated authority is given to the Service Director - Governance in the event that the Compulsory Purchase Order is confirmed by the Secretary of State for Transport, to serve all necessary notices to implement the powers of compulsory acquisition, including be authorised to make General Vesting Declarations, notices to treat and notices of entry to take all other requisite steps to obtain possession of the properties and to obtain a Sheriff’s Warrant for possession of any lands where it has not been given;   (12)               that delegated authority is given to the Service Director - Governance to acquire the necessary interests in the land and property included in the confirmed Compulsory Purchase Order on terms to be agreed by the Executive Director of Place or as ordered by the Lands Tribunal.  

Date of Decision: July 30, 2025