Issue - meetings

To seek approval of a legal strategy to enable the implementation of the Priors and Oakley Flood Alleviation Scheme, Cheltenham. 

Please note: this report contains both exempt and non-exempt information.

If cabinet members wish to discuss the exempt information contained in the appendices to the published report, consideration must first be given to whether the public should be excluded from the meeting by passing the following resolution: -

In accordance with Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public to be excluded from the meeting for this item of business because it is likely that, if members of the public were present there would be disclosure to them of exempt information as defined in Paragraphs 1 and 3 of Part 1 of Schedule 12 A to the Act, and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Cllr Vernon Smith, Cabinet Member: Highways and Flood sought approval of a legal strategy to enable the implementation of the Priors and Oakley Flood Alleviation Scheme, Cheltenham. 

Having considered all of the information, including known proposals and the reasons for the recommendations, Cabinet noted the report, including the exempt annex, and, 

RESOLVED to: 

      i.                Subject to the granting of planning permission, approve the use of Section 64 of the Land Drainage Act 1991 to issue a notice on the relevant landowners for the purpose of undertaking the construction of a flood alleviation scheme in relation to the land outlined red in the planning application 17/00017/FUL;

    ii.                Settle compensation claims from affected landowners arising from the interference in their use of land affected by the work if it can be shown that injury is sustained by reason of the exercise of the Council to construct the flood alleviation asset, the periods of time when the storage basins fill with surface water and the occasions when maintenance and inspection is undertaken, and;

   iii.                Delegate authority to the Commissioning Director for Communities   and Infrastructure in consultation with the Lead Cabinet member for Highways and Flood and the S151 officer, to undertake such ancillary steps necessary to;

(a)  Exercise the powers contained in the FWMA 2010 to approve the designation of the flood risk management asset on completion and, subject to the granting of planning permission, and

(b)  Undertake such ancillary steps necessary to implement the recommendations set out above in paras (i), (ii),and (iii)

Prior to the discussion, members were advised that, should Cabinet wish to discuss the contents of the exempt annex at the meeting, consideration would need to be given as to whether the press and public should be excluded from the meeting in accordance with Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. Cabinet agreed to consider the item without reference to the exempt information.

Cllr Vernon Smith, Cabinet Member: Highways and Flood sought approval of a legal strategy to enable the implementation of the Priors and Oakley Flood Alleviation Scheme, Cheltenham. 

Members noted a correction to recommendation iii (b) and deletion of the reference to paragraph iv).

Having considered all of the information, including known proposals and the reasons for the recommendations, Cabinet noted the report, including the exempt annex, and, 

RESOLVED to: 

      i.                Subject to the granting of planning permission, approve the use of Section 64 of the Land Drainage Act 1991 to issue a notice on the relevant landowners for the purpose of undertaking the construction of a flood alleviation scheme in relation to the land outlined red in the planning application 17/00017/FUL;

    ii.                Settle compensation claims from affected landowners arising from the interference in their use of land affected by the work if it can be shown that injury is sustained by reason of the exercise of the Council to construct the flood alleviation asset, the periods of time when the storage basins fill with surface water and the occasions when maintenance and inspection is undertaken, and;

   iii.                Delegate authority to the Commissioning Director for Communities   and Infrastructure in consultation with the Lead Cabinet member for Highways and Flood and the S151 officer, to undertake such ancillary steps necessary to;

(a)  Exercise the powers contained in the FWMA 2010 to approve the designation of the flood risk management asset on completion and, subject to the granting of planning permission, and

(b)  Undertake such ancillary steps necessary to implement the recommendations set out above in paragraphs (i), (ii),and (iii)

Prior to the discussion, members were advised that, should Cabinet wish to discuss the contents of the exempt Annex at the meeting, consideration would need to be given as to whether the press and public should be excluded from the meeting in accordance with Regulation 4(2)(b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. Cabinet agreed to consider the item without reference to the exempt information.