Decision Maker: Director of Law and Assurance
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
A scheme is under preparation for improvements to the A259 near Littlehampton. The project includes dualling parts of the existing single carriageway and necessitates the use of land in the ownership of the County Council as well as land owned by other persons.
In January 2018, approval was given by the Cabinet Member for Highways and Infrastructure (ref. HI25 17/18) for the use of powers available to the County Council to make Compulsory Purchase Order (CPO) decisions as the best available option to acquire or make use of the land required by the scheme. The use of those powers was delegated by that decision to the Director of Law and Assurance who proceeded to exercise them.
The decision was intended to provide authority for the use of all of the statutory powers needed to give effect to the proposed acquisitions and arrangements in relation to land. However, some references to specific powers were inadvertently omitted from the report seeking confirmation of the authority to act. This report corrects those omissions and seeks ratification of decisions taken by reference to the powers not specifically cited in the original decision.
This decision is urgent due to statutory deadlines. The Cabinet Member for Highways and Infrastructure has authorised that this urgent decision can be taken by the Director for Law and Assurance. The Chairman of the Environment, Communities and Fire Select Committee agreed that this decision is urgent and delay would prejudice the County Council’s interests.
The Cabinet Member for Highways and Infrastructure has approved:
(1) That the decision taken in January 2018 (ref.HI25 17/18) be read and treated for all purposes as if it had included reference to ss 246 and 260 Highways Act 1980 when setting out the statutory provisions for which authority was being given to the Director of Law and Assurance in connection with the highway scheme described in the report on which the decision was based.
(2) That all decisions taken by the Director of Law and Assurance on the authority of the earlier Cabinet Member decision (ref. HI 25 17/18) and up to the date of this decision are hereby ratified as a valid and proper exercise of delegated authority pursuant to that decision.
Urgent item?: Yes
Publication date: 07/08/2019
Date of decision: 07/08/2019