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Woodville to Swadlincote regeneration route orders

The Woodville to Swadlincote regeneration route requires the purchase of land, the creation of a new highway and the modification of other highways to enable the project to proceed.


Compulsory purchase order (CPO)

Compulsory purchase powers are provided to enable acquiring authorities to compulsorily purchase land to carry out a function which Parliament has decided is in the public interest.

We had sought to acquire land we needed to build the regeneration route by negotiation but, recognising that multiple land owners were involved, a decision was also taken to run the compulsory purchase order (CPO) at the same time in case we could not reach agreement with all parties in time to meet the grant funding deadline.

Please find documents attached to this page with the orders as returned by the Department for Transport and modified by them following the Public Inquiry in January 2020.

Side roads orders (SRO)

Side roads orders (SRO) is a statutory order in the UK which authorises a highway authority to make alterations to roads or other highways affected by a trunk road scheme. For example, stopping up, diverting or connecting them to new trunk road and stopping up and replacing private accesses affected. It is defined by section 14 of the Highways Act 1980.

The regeneration route creates a new highway and requires the modification of others to enable the project to proceed. Several industrial accesses also require modification, stopping or re-provision as part of the scheme. A public right of way is also affected by the route and needed to be subsumed or diverted as to enable the project to proceed.

We began both a compulsory purchase order, and side roads orders, in June 2019 by advertising our intent to acquire land and to make highway modifications we needed in order to build the regeneration route.

Please find documents attached to this page with the orders as returned by the Department for Transport and modified by them following the Public Inquiry in January 2020.

Section 19 certificate

As we're acquiring land with a public open space covenant, land had to be added to the compulsory purchase order to be offered in exchange for that being lost. The details of the land to be exchanged was advertised under section 19 of the Acquisition of Land Act in 2019. The section 19 certificate that accompanies the making of the compulsory purchase order reflects the fact that we've since acquired some of the land by negotiation in the interim.

Objections

Objections were raised by some of the affected landowners which meant that a public inquiry was needed for their views and concerns to be considered by an inspector appointed by the Secretary of State for Transport.

Inquiry

The inquiry was held in January 2020 at which a number of objections were withdrawn. The inspector went away after the inquiry to consider the 2 remaining objections, write his report and make his recommendation to the Secretary of State.

Decision

The Secretary of State has now confirmed that both the CPO and SRO can proceed and links to the order decision notice, the inspector's report and the order plans are attached to this page.

Those that have had land acquired through compulsion are generally entitled to compensation at market values.

General Vesting Declaration

We made a General Vesting Declaration (GVD) on 17 July 2020 to take possession of land needed for the construction of the Woodville to Swadlincote Regeneration Route following confirmation of the Compulsory Purchase Order and Side Roads Order on 3 July 2020 by the Secretary of State for Transport. The GVD will extinguish all interest in the land from mid-October 2020. The general vesting declaration notice and the plan annexed to the declaration are attached to this page.

Notices to Treat have also been served on some landowners as a formal request from us to agree a price for the property needed for the road following ongoing negotiations over its acquisition.