Agenda item

To consider the attached report.

            The Executive Board had considered a report of the Strategic Director – Environment relating to the applications and orders required to be promoted in order to secure powers to promote the Mersey Gateway Project (the “Project”), and seeking authority for a number of important matters relating to the Project outlined within the report. The minutes of the Executive Board meeting, held on 10^th April 2008, had been published on the Council’s website and a copy was tabled for Members’ information (NB Councillor Higginson declared a personal and prejudicial interest in respect of minute number EXB129 in these minutes due to a family member being employed by Halton Housing Trust. In addition, Councillor M. Ratcliffe declared a personal and prejudicial interest in respect of minute number EXB129 due to being a Halton Housing Trust Director.)

 

            An updated report had been circulated with the Summons further expanding on the need for the Council to resolve to promote the proposed Transport and Works Act Order in accordance with the requirements of Section 239 of the Local Government Act 1972, setting out the basis of the Transport and Works Act Order, and what it intended to achieve.

 

In this respect, the Executive Board resolved on 10^th April 2008 to recommend to a meeting of the Council that it should resolve to promote an order under Section 3 of the Transport and Works Act 1992 to authorise interference with public rights of navigation by the construction of a new bridge over the River Mersey comprised in the Project and certain other matters.

 

Reason for Decision

 

            The recommended decisions were required to support the delivery of Mersey Gateway.

 

Alternative Options Considered and Rejected

 

            Alternative options for securing the powers to construct, maintain and operate, including tolling, the Mersey Gateway project had been assessed and rejected.

 

Implementation Date

 

            The recommended decisions were required before the next phase of the statutory process took place in May 2008.

 

            By a show of hands it was unanimously

 

RESOLVED: That

 

(1)       the Council note the content of this report and have regard to it in considering whether to promote an order under s3 of the Transport and Works Act 1992 authorising the construction of works that interfere with navigation and certain other matters explained elsewhere in this report;

 

(2)       in accordance with the terms of s239 of the Local Government Act 1972 as applied by section 20 of the Transport and Works Act 1992 the Council resolve to promote an order under the provisions of s3 of the Transport and Works Act 1992 authorising the construction of works that interfere with navigation and certain other matters explained elsewhere in this report, for effecting all or some of the following objects and purposes:

 

(i) for statutory authority to construct a new bridge across the River Mersey between Runcorn and Widnes in the Borough of Halton being works which interfere with public rights of navigation;

 

(ii) for statutory authority to construct works that interfere with navigation in the St Helens Canal, the Manchester Ship Canal and the Bridgewater Canal;

 

(iii) to authorise permanent and temporary changes to the highway network in the Borough of Halton;

 

(iv) to authorise the compulsory acquisition of land and rights in land for the purposes of this project;

 

(v) to authorise the charging, levying, setting and collection of tolls or charges for the use of the works and the creation of summary offences in connection with non-payment;

 

(vi) to authorise the making of byelaws and their enforcement, including the creation of summary offences;

 

(vii) to apply and/or disapply legislation relevant to the works; 

 

(viii) to make arrangements for the letting of a concession to operate and manage the works and their construction; and

 

(ix) to authorise such ancillary, incidental and consequential provisions as may be necessary and/or convenient, and such other purposes as may be determined by the Council;

 

(3)       the Chief Executive be authorised to settle the areas subject to works to be authorised by the Order and the areas to be the subject to powers of compulsory acquisition contained in the Order and also to settle any documentation required for the Order;

 

(4)       the Operational Director and Monitoring Officer (Legal, Organisational Development and Human Resources)  be authorised to make the application for the Order to the Secretary of State and to take all necessary procedural steps prior to and after the making of the application, including the preparation and presentation of the council's case at any public inquiry;

 

(5)       the Operational Director and Monitoring Officer (Legal, Organisational Development and Human Resources) be authorised to sign and serve any notices or documents necessary to give effect to these recommendations and to take all other actions necessary to give effect to these recommendations; and

 

(6)       the Operational Director and Monitoring Officer (Legal, Organisational Development and Human Resources) be authorised, as soon as the Order is made by the Secretary of State and comes into effect, to take all necessary procedural steps in order to implement the powers of the Council authorised by the Order as made.