Proposed highway improvements to Brighton Hill Roundabout, : land required for scheme implementation

Cllr Hannah Golding, Cabinet Member for Economic Development

Cllr Simon Bound: Cabinet Member for Communities, Planning and Infrastructure

Report to Cabinet Ward(s): /Brighton Hill/Eastrop-Grove Key Decision: No Appendix 1: Location Plan Appendix 2a: Site plan of BDBC landownership required for dedication Appendix 2b: Other BDBC land ownership at Brighton Hill roundabout

Appendix 3a/b/c: Updated scheme plan and consultation slides Appendix 4: Valuation Context

Papers relied on: Cabinet report- January 2019

FOREWORD

Cllr Hannah Golding, Cabinet Member for Economic Development

These proposals have my support, in enabling the major highway improvements planned by County Council to the A30 South West gateway to Basingstoke.

The proposed transfer of a small area of council owned land in the vicinity of the existing roundabout will help facilitate delivery of significant vehicle capacity improvements, reduced congestion, and safety and pedestrian benefits for our residents using Brighton Hill roundabout. It will help maximise the value to residents of the £19.3m of funding from the government, LEP and HCC towards this highway improvement.

1 of 16

Following previous consultations, I am pleased that these improvements have the support in principle overall of local residents, who have been kept informed as detailed scheme plans developed. I note also that the proposed land dedication to a single party, HCC, at potentially less than full market value is supported by our Standing Orders in relation to the economic and social benefits and inward investment that will result from the completed scheme.

Cllr Simon Bound, Cabinet Member for Communities Planning and Infrastructure

The delivery of these proposed updated highway improvements are a further example of where the council can help support improved highway infrastructure to meet additional pressures arising from development of Basingstoke, and particularly that anticipated within the south west of the town. Local Enterprise Partnership funding has been secured, and this supports the objectives set out in the Local Plan and Council Plan. We are pleased to work in partnership with the county council to help secure this much needed infrastructure project, which will benefit the town’s highway network.

Recommendation to Cabinet:

.Endorses the updated highway improvements to be undertaken by Hampshire County Council, at Brighton Hill roundabout, as set out in this report.

.Approves the dedication of council owned land at and in the vicinity of the Brighton Hill roundabout to Hampshire County Council at nil value for incorporation into the public highway, to support the implementation of the highway improvements. This accords with S123 of the Local Government Act 1972 where any disposal at less than best consideration (in this case a land dedication) may proceed where social, economic and environmental benefits can be achieved. .Delegates the detailed terms and conditions associated with the dedication of the land, the deed of dedication and related documentation, and any other supplementary legal or other agreements that may be required to facilitate the highway improvements to the Executive Director of Corporate Services (S151 officer) in consultation with the Executive Director of Residents Services and the Head of Law and Governance and monitoring officer.

2 of 16 BACKGROUND, CORPORATE OBJECTIVES AND PRIORITIES

This report accords with, and directly supports Council Plan priorities of planning for the future and to ensure better transport options and good connectivity, and that the necessary infrastructure is in place to support sustainable growth by investing in the town’s infrastructure and by making the most of a partnership approach, (to include Hampshire County Council and the Local Enterprise Partnership). It also accords and supports the objectives detailed within the council’s Adopted Local Plan (2011 to 2029) to support and facilitate infrastructure, alongside development. GLOSSARY OF TERMS

Term Definition

‘The council’ Borough Council HCC or the ‘County Council’ Hampshire County Council LEP Enterprise M3 Local Enterprise Partnership

MAIN CONSIDERATIONS

1 Executive Summary

1.1 This report provides Cabinet with details of a proposed and updated highway scheme for improvements to be made to the Brighton Hill roundabout, (see location plan at Appendix 1) which are to be undertaken by Hampshire County Council (HCC) as highway authority. It seeks authority for the council to dedicate into the public highway, the necessary council land required to help facilitate the improvements, by way of a deed of dedication. The county council will subsequently take forward a highway construction programme, upon the release of the required scheme funding and any further consents necessary. This report is in accordance with the council’s disposal procedure for land and property.

1.2 HCC has requested that the council dedicates to HCC, borough council owned land at nil value, which has been the case with similar recent schemes where there are considered to be significant highway infrastructure benefits to the town. This report details the matters to be taken into account when considering such an approach, and what would constitute an off market disposal to one party, in accordance with the council’s disposal procedures.

1.3 Details of the proposed updated scheme are included in this report and which is subsequent to the previously proposed scheme option, set out in a report to Cabinet (as approved) in January 2019. This report sets out details of the updated highway improvements, and the intended benefits that would result from the improvements. These improvements are considered to represent the most suitable updated scheme option which has been assessed by HCC as highway authority. The improvements will assist in the delivery of key Local Plan development sites to the south west of the town, as well as supporting other key development projects in Basingstoke.

3 of 16 1.4 This report includes details of the council’s land to be included in the scheme, the proposed revisions to the scheme given the change in circumstances since the January 2019 report, and the timescales associated with delivery of the highway improvements. Legal, planning and financial matters are included in this report, together with details of the proposed highway improvements.

2 The Proposal

2.1 Hampshire County Council has received a formal allocation of funding for highway improvements to the A30 South West corridor (which includes Brighton Hill roundabout) from the Government’s Local Growth Fund, to be made available via the Enterprise M3 Local Enterprise Partnership. This represents substantial inward investment to the town. The funding, together with County Council funding to include developer contributions, will provide a total funding stream of approximately £19.3m to implement improvements to the roundabout. More broadly, this has also supported improvements at the Road roundabout, which were implemented in 2016/17 at a cost of £4m.

2.2 The Brighton Hill roundabout scheme will be the first major highway infrastructure improvement in this location, with the scheme works intended to commence in November 2021, with an estimated two year build programme to final completion.

Proposed Highway Scheme

2.3 Appendix 3 provide details of the scheme plans for the proposed highway improvements. The slides at Appendix 3 also show what was included as presentation material during the county council’s June 2020 public consultation. In summary, it is proposed that the roundabout will become fully traffic signal controlled and that it will be widened to incorporate additional vehicle lanes. This will increase vehicular capacity and assist traffic and directional flow and reduce congestion at this strategic location, as a key gateway into the town. Together with junction improvements, there will be improved safety and ease of movement, which will enable better traffic control and speed measurements to be introduced. This is a particular issue at this roundabout, which is a result of its size, traffic volumes and number of access points. Improvements to this junction are key to the delivery of development sites allocated in the Local Plan to the south west of the town, in addition to other major projects in Basingstoke which will generate additional vehicle trips in this corridor.

2.4 The junction improvements will also deliver improved infrastructure for cyclists and pedestrians, with all of the subways replaced by new ‘at grade’ pedestrian routes. Cycle ways will be segregated throughout most of the scheme except near the surface crossings and along the connecting points with Winchester Road. These facilities have been designed to the latest Government standards, to encourage and facilitate trips on foot and by bicycle with segregated cycle lanes and links to a proposed new cycleway on Brighton Way to the junction with Sullivan Road, providing access to Brighton Hill district centre.

4 of 16 2.5 Some advanced works are to be undertaken to include construction cycle lanes, service diversions and traffic regulation orders. It is proposed that work on the new cycle lane on Brighton Way will commence from July 2021 and other measures to divert utilities were undertaken commencing in March and April.

Previous highway design option presented to Cabinet in January 2019

2.6 The previous option presented to Cabinet (as approved) included closing to vehicles, the south-bound entry onto the roundabout from Western Way, with the north bound exit from the roundabout to Western Way remaining open. It had been intended that vehicles travelling south along Western Way would have been provided with an alternative route that involved a new highway link through the Camrose Football ground site (referred to as the ‘Camrose link.’) A signal controlled junction would have been provided at the southern terminus of the new link, so that vehicles would have undertaken a left turn towards the town centre, or a right turn across the junction onto the A30 Winchester Road, travelling in a west bound direction. This would have enabled vehicles to enter the roundabout to continue journeys in a west or southbound direction.

2.7 The delivery of a highway solution to include the Camrose link was however dependent on land being made available within the council’s ownership but also further land within the Camrose grounds and not owned by the council. Whilst terms had been agreed in principle for the inclusion of the required land within the Camrose grounds to enable implementation of the link, any land dedication was conditional upon planning permission being granted for two applications for housing development, which included land being made available and set aside for the Camrose road link, as well as serving the proposed development.

2.8 These planning applications refs: 19/01110/OUT and 19/02889/OUT have been refused by the planning authority (although not on the grounds of the provision of the Camrose link) and the decisions to refuse are currently at appeal. Regardless of the outcome of the appeal, HCC as highway authority have decided to progress a scheme which now excludes the Camrose link, as shown at Appendix 3 and which is the subject of this report.

2.9 Whilst the original scheme to include the Camrose link was considered by HCC to represent the best design option available, the updated proposal to exclude the link would still represent a significant design improvement to the current layout, and improvements to traffic flows and safety; and with enhanced infrastructure to include traffic signal controls, additional lanes and at surface crossings. If circumstances allowed for further future highway improvements, the Highway Authority could consider further upgrades to the new layout after scheme implementation, however this would require alterations to new infrastructure and gearing up for another road improvement programme. Further, a new bid for additional funding would be required to the LEP, to facilitate the additional costs of a Camrose link.

2.10 HCC could consider the use of Compulsory Purchase Order (CPO) powers to acquire the necessary land to enable delivery of the Camrose link option. However, given the time and cost associated with compulsory purchase

5 of 16 procedures, and with an uncertain outcome of a CPO given the recent refusal of the two planning applications set out at 2.8, HCC consider that it is more practical to commence the updated scheme which has more certainty of delivery and within a set timescale. The scheme will still deliver the majority of the design benefits that had been anticipated with the original scheme. Funding has been secured for the revised scheme, and which should be committed and spent by March 2023 for the LEP contributions, and December 2023 for the HCC contributions. A potential Camrose link, is however, not formally excluded in the future.

Land ownership arrangements: BDBC land

2.11 In order to undertake the updated scheme option to be implemented by the HCC as shown at Appendix 3, it would be necessary for the council to dedicate the required land coloured orange on the plan at Appendix 2a. This land extends to about 238 sq m (0.058 acre) and is outside of the public highway, therefore HCC needs the borough council’s agreement, as landowner, for the land to be incorporated (‘dedicated’) into the public highway.

2.12 The required council owned land currently comprises a grassed landscaped area and with a tree line along its eastern perimeter. Apart from part of the subway structure, there are no permanent structures on the land, although there is likely to be underground services present. The land is currently vacant and not subject to any lease or agreements known to the council. It is not public open space.

2.13 The council’s land would be dedicated into the highway and which would help facilitate overall, additional highway lanes to be created, a public footpath and new landscaping (see Appendix 3). It is understood that it is intended, as far as possible, to retain all the trees on the council’s land to be dedicated and where this is not possible, discussions will continue with the council’s tree officers to ensure replacement of trees within the vicinity of the roundabout. It should be noted that as part of HCC’s environmental mitigation work, HCC are also intending to plant further trees on BDBC land in the vicinity of the roundabout, although outside of the areas to be dedicated. This has provisionally been agreed with HCC, subject to a financial sum to be paid by HCC for future tree maintenance.

2.14 The borough council’s wider land ownership in the vicinity of the roundabout also extends to the land coloured red on the plan at Appendix 2b. Any of the red land required for the highway scheme is understood to already be within the extent of the public highway. Therefore, the county council may undertake alterations or improvements to the roundabout in accordance with the Highway Act 1980, and without requiring the council’s specific consent as landowner of the subsoil. Therefore, for any additional land required which is already situated within the highway, no formal consents or legal documentation is required. Any service apparatus existing within the land will if required be diverted by HCC at its own cost, in consultation with the utility providers.

2.15 HCC have also requested that small areas of council owned land in the vicinity of the roundabout be used to support the construction of the road by way of a licence agreement, to include the land coloured green on the plan at Appendix 2a. This would typically allow the council’s land to be used to support accommodation works and the licence would be subject to appropriate

6 of 16 conditions to include reinstatement. On this basis, it is considered that the grant of a licence, and which gives HCC no legal status in the land, should be acceptable.

3 Project Timetable

3.1 Investigative work has already started, including surveys, service diversions, anticipated Traffic Regulation Orders (TROs) and consideration of any other third party land which may need to be included; although it is understood that no other land other than that within public ownership will be required. HCC officers reported to their Environment and Transport Member in December 2020 and subsequently obtained approval for the tendering of the scheme set out at Appendix 3, following a detailed technical and updated business case submitted by HCC officers in March 2021. This included LEP funding specifically for the updated project, and which has now been secured.

3.2 Tendering for the scheme will commence in summer 2021, selection of contractors in August 2021 and with the intention that construction work will commence in November 2021. The construction phase is projected to complete by the end in 2023 and council officers will work proactively with HCC, to ensure that local residents and stakeholders are kept informed of progress (see also 5.0). This will be particularly important given the number of communities that are reliant on Brighton Hill roundabout for their journeys, as well as those neighbourhoods who may be impacted by diverting traffic.

4 Corporate implications and council policy

4.1 This highway improvement scheme (as updated) accords with a number of the council’s policies and corporate objectives. The improvements are inherent within the Council Plan (2020 to 2024) such as planning for the future and to ensure better transport options and good connectivity and that the necessary infrastructure is in place to support sustainable growth. This highway scheme, together with other junction improvements recently completed within the town, will support future economic vitality and help to ensure that investment is made in Basingstoke, and that it is considered by business as an accessible location. The roundabout improvements will also support the delivery of future development proposals, such as those coming forward in the A30 corridor and in the wider town context, including Manydown, Basing View and the future of the Leisure Park. The proposal is also in line with the adopted Transport Strategy and provides the scope for future amendments to incorporate improvements associated with the proposed Mass Rapid Transit network, with investment in walking and cycling facilities also supported and to be considered as a part of the proposed Local Walking and Cycling Infrastructure Plan.

4.2 The adopted Local Plan 2011 to 2029 (currently under review) recognises the importance of access and transport and as such highway improvements such as proposed for the Brighton Hill roundabout form an integral part of the Local Plan, by providing the necessary infrastructure for existing and future development.

4.3 The dedication of borough council owned land needed to help facilitate the improvements to the Brighton Hill roundabout thus supports a range of council objectives and wider transport policies.

7 of 16 5 Consultation and Communication

5.1 Hampshire County Council and officers from BDBC undertook a public consultation on the highway proposals during September 2018, and subsequently HCC on the updated scheme in May-June 2020. Residents had the opportunity to view plans and details of the proposals, raise any concerns with HCC officers and complete a feedback questionnaire form. Responses to the questionnaire were supportive of the principle of improving the roundabout and the design set out at Appendix 3, albeit some of the specific details of the scheme had mixed responses. Details of the scheme are on HCC’s website. Following the most recent public consultation, a paper was taken to the county council’s Executive Member for Environment and Transport on 2 December 2020, and was approved by the Executive Member to proceed with an updated scheme and which excludes the Camrose link.

5.2 There has been on-going consultation with county and borough councillors and the officer teams at HCC and BDBC since 2018 and subsequent to the May- June 2020 consultation. As set out in the previous January 2019 Cabinet report, Councillors have previously confirmed that they were happy in principle with the proposed roundabout improvements, on the basis of the specifications set out in the public consultation documents. The main concerns had been in respect of the proposed highway link through the Camrose, however as detailed in this report, the link will not now be included in the current proposal.

5.3 Ward Councillors had also asked that, where possible any pedestrian and cycle links being provided should maximise the potential to improve connectivity and safety. The current proposal includes new at surface pedestrian and cycle links which improve both connectivity and safety.

5.4 Discussions have previously been undertaken with the disability access group and the Hampshire Fire and Rescue service. As far as possible, it is understood that their respective operational requirements and mobility needs have been taken into consideration.

5.5 It should be noted that HCC does not require planning permission to implement the scheme, and therefore there will not be a statutory consultation period as would normally be the case associated with a planning application.

5.6 The council will continue to input into HCC’s project programme to ensure, as far as possible, that proper traffic and construction management is undertaken during the works programme. Any works undertaken should comply with any existing legislation, such as ensuring the welfare of any protected species in the vicinity of the roundabout. HCC is proposing to undertake appropriate environmental and tree assessments to determine any impact on trees and protected species and to mitigate, as far as possible any negative impacts and in accordance with the appropriate governing legislation.

5.7 HCC is keen to ensure implementation of the scheme in accordance with their relevant transport strategies, including the Basingstoke Transport Strategy and Local Transport Plan. However, the county council is not obliged to undertake the works. In the event that the scheme did not proceed, the Local Growth Deal could potentially be re-allocated to other projects, possibly outside of the borough.

8 of 16 5.8 The council’s project and communications officers are currently discussing the forthcoming works programme with HCC officers to include the HCC Highways and communications Teams. It is intended that an agreed programme of further communication, and where appropriate media notification and publication dates, will be arranged and confirmed to ensure members, stakeholders and residents are kept informed of key dates and milestones before and during scheme commencement. HCC have already notified appropriate stakeholders of the preliminary works to be undertaken, to include diversions and works to services.

5.9 HCC have offered to have a further member briefing in the lead up to the commencement of the main works programme, and a date to ‘meet the contractor’, once the contractor has been appointed. Suitable dates for these meetings will be confirmed with members accordingly.

6 Financial issues around dedicating of land

6.1 In order to facilitate the construction of the scheme, Hampshire County Council has requested that land within the area coloured orange on the Plan at Appendix 2a, be dedicated to HCC as highway authority. The land would then become public highway as part of the future scheme, and thus subject to public highway rights. While the council would retain ownership of the land (the ‘sub soil’), dedication of highway rights is considered to be a disposal, falling within the auspices of the council’s disposal procedure.

6.2 Hampshire County Council has requested that the land be dedicated to it at nil value. In accordance with the Disposals Procedure, there are a number of considerations that have to be taken into account in considering such a request. These matters were set out in detail in January 2019 report, and which had previously involved the inclusion of a significant portion of council owned land and which was considered to have development value, in order to enable the delivery of the option that had included the ‘Camrose link’. Since the revised scheme detailed in this report only includes a small quantum of council land which is considered to have a nominal value, the council’s disposals procedures are thus summarised below, to ensure that the proposed land dedication complies with those procedures and standing orders, and S123 of the Local Government Act 1972.

6.3 The council’s Disposal Procedure

6.3.1 The council’s adopted Disposal Procedure for Land and Property, includes a general presumption that land disposals (and in this case, dedication of land) should follow competitive marketing, and the need to obtain best value under S123 of the Local Government Act 1972. The dedication of the land to Hampshire County Council would amount to a disposal by negotiation with one party, HCC, without any marketing. However, the council’s disposal procedures and standing orders may justify a dedication of the council’s land to HCC on the grounds that the council’s objectives would be best met by undertaking private treaty negotiations with them, who would bring social environmental or economic benefit.

6.3.2 Officers consider that the principle of dedication of the land to HCC as highway authority, is justified in the context of the Standing Orders and procedures described above, satisfying the appropriate grounds in whole or in part, given

9 of 16 the substantial economic benefit and inward investment to the town that would result from the scheme. However, the dedication would still need to satisfy other parts of the disposal procedure where it is considered that less than full market value might be obtained, as detailed below.

6.3.3 The disposal procedure also states that “the council will consider the contribution of a disposal to the furtherance of council priorities or the promotion or improvement of the economic, social or environmental well-being of the area”, and the council’s Standing Orders - Disposal of Land state that:

“In certain circumstances, the council may dispose of land (in this case a highway dedication) for less than the full market value. Those circumstances are clearly defined by law and in any other case, specific consent is needed from the Secretary of State. General Disposal Consents have been given by the Secretary of State for certain transactions.”

6.3.4 This General Disposal Consent makes provision for the council to dispose of land at less than full market value where the council considers that the purpose for which the land is to be disposed of (in this case dedication of land) is likely to contribute to the promotion or improvement of the economic, social or environmental wellbeing of the whole or part of its area, or any person resident or present in its area; and the difference between the unrestricted or market value of the land to be disposed of and the consideration for the disposal does not exceed £2million.

The proposed dedication of the land to HCC, fall within the terms of that Consent.

6.3.5 Included within this report, are summary details of the considerable economic/ transport benefits that will result from implementation of this scheme. The council are not committing any funds to the scheme, which together with other nearby improvements has an overall cost as set out at 7.2. In the absence of the land being dedicated to HCC, the project in terms of its optimum updated solution as detailed in this report, would be compromised.

6.3.6 In the absence of the proposed highway scheme, it is unlikely that the council’s land coloured orange would have any development or hope value. It’s location in proximity to the roundabout, its size and its relative isolation from nearby existing development, makes its use for a more valuable financial purpose unlikely. Considerable costs would be incurred in dealing with the existence of the adjoining subway and service diversions. It is also considered that HCC would object to any development in the vicinity of the roundabout to keep visibility splays clear of any development. Therefore, the council’s land to be dedicated has been assigned a NIL or nominal value for its existing use or hope value for development. The land has also been assigned a NIL value for its proposed use as highway, as highway use has no investment benefit, and its future upkeep represents a maintenance liability. These valuation aspects are dealt with more fully at Appendix 4.

6.3.7 It is therefore considered that dedication of council owned land to HCC as highway authority is justified in terms of the council’s disposal procedure. Basingstoke will gain considerable economic benefit and £19.3m of inward investment from this highway improvement, and the dedication of the land will enable HCC to facilitate scheme implementation accordingly. It will also

10 of 16 demonstrate to the Local Enterprise Partnership, the council’s willingness to help facilitate these types of infrastructure project by the inclusion of its land accordingly.

7 Financial Implications

7.1 Dedication of land

7.1.1 For council owned land already within the public highway, and for any small areas where the existing use comprises ancillary green space to be dedicated, the council receives no rental income, and would not receive any capital receipt in the event of its sale. The land value for alternative use of the land, is considered to represent a NIL or nominal value. See also 6.3.6 and Appendix 4.

7.1.2 Once dedicated to HCC, HCC will derive no future financial benefit from the land, which is required purely to implement a highway scheme and not for the generation of income. The land cannot be sold by HCC as it will comprise public highway and the sub-soil remains within the ownership of the council. The benefits of the scheme will however be of significant benefit for the town, but has no investment benefit to HCC. The future use of the land for highway purposes represents a financial liability in terms of its future maintenance and upkeep. See Also Appendix 4.

7.1.3 It should be noted that the scheme will attract significant inward investment to include LEP funding, and the council is making no direct financial contribution to the scheme.

7.2 Cost of updated Brighton Hill Roundabout Improvement scheme

7.2.1 The council will not be providing any funding towards the scheme. The total estimated costs of works at Brighton Hill roundabout are £19.3m.

7.2.2 The work is being funded as follows:-

Local Growth Fund//LEP £11.65m Developer contributions/HCC match funds £7.65m Total £19.3m

7.2.3 HCC have advised that there is no other funding available for the project. Therefore, if the council were to request land value to enable implementation of the scheme, it is unlikely that this scheme solution detailed in this report would proceed, or would lead to a design compromise.

7.2.4 Other Costs

There are no VAT or stamp duty implications as the land is being dedicated to HCC at nil value. HCC will be responsible for the council’s legal costs associated with the consideration of legal documentation to enable completion of the dedication and any supporting legal documents.

There is a possibility that Part 1 claims may be received by residents who own properties whose value is adversely affected by the scheme. In that event,

11 of 16 HCC would pay for any upheld claims although it is intended that, as far as possible, accommodation and mitigation works will be undertaken to minimise the scheme’s impact on nearby property.

8 Summary of terms for Deed of Dedication

8.1 The land is to be dedicated by the council, to Hampshire County Council at nil value with HCC confirming that they have all the necessary funding and consents in place in order to enable them to proceed. The deed will only permit HCC to use the land for highway purposes, in connection with the proposed highway scheme detailed in this report. The freehold (subsoil) of the land will remain in the ownership of the council. If the scheme were not to proceed, conditions within the deed would mean that the deed would become void and thus no longer subject to highway rights. HCC will be responsible for the council’s legal costs associated with completing the deed of dedication.

9 Legal Issues

9.1 Under the provisions of the Highways Act 1980, the Council and County Council may enter into an agreement for the dedication of land owned by the Council as highway maintainable at the public expense. The effect of the dedication will be that the freehold ownership of the subsoil of the land will remain with the Council but the land will be subject to overriding highway rights and will be highway maintainable at the public expense by Hampshire County Council as the relevant highway authority.

9.2 Once dedicated as highway maintainable at the public expense, the County Council would be able to use it statutory powers as the highway authority to carry out works on that area of land.

9.3 In accordance with the Council’s procedures, the dedication of land as highway is considered a disposal and must therefore comply with the requirements of section 123 of the Local Government Act 1972.

9.4 Section 123 of the Local Government Act 1972 allows a Council to dispose of land within their ownership subject to a requirement that such disposal should be for the best consideration that can reasonably be obtained. The Council also has a general power of competence under section 1 of the Localism Act 2011.

9.5 Where a disposal is proposed for consideration less than the best that can reasonably be obtained, section 123(2) requires that the consent of the Secretary of State should be obtained.

9.6 Section 128 of the Local Government Act 1972 provides that the Secretary of State may issue general consent for certain disposals without the need to seek specific consent to comply with the requirements in section 123(2).

9.7 The Local Government Act 1972: General Disposal Consent 2003 provides consent to the disposal of land by a local authority where:

(1) the local authority considers that the purpose for which the land is to be disposed is likely to contribute to the achievement of any one or more of the following objects in respect of the whole or any part of its area, or of all or any persons resident or present in its area:

12 of 16 i) the promotion or improvement of economic well-being;

ii) the promotion or improvement of social well-being;

iii) the promotion or improvement of environmental well-being; and

(2) the difference between the unrestricted value of the land to be disposed of and the consideration for the disposal does not exceed two million pounds.

9.8 Formal licences should be entered into with the County Council for the temporary use of other Council land required to facilitate the works being carried out, for example where land is needed to undertake surveys, store materials or support the construction of adjoining works. Such licences should be entered into before the County Council use the land and should require the County Council to make good the land once the use has been completed.

9.9 Should the council not agree to dedicating the land to Hampshire County Council, HCC could consider the use compulsory purchase powers under the Highways Act 1980 to acquire the land necessary for the scheme. This would be an inappropriate, expensive and unnecessary procedure, given that both councils wish to ensure the implementation of these improvements at the earliest opportunity.

9.10 It should be noted that whilst the plan at Appendix 2a shows the approximate areas of council owned land to be included in the scheme, small additional areas of council owned land may subsequently be required for inclusion in the deed of dedication, to ensure implementation of the most practical and cost effective highway improvement solution. However any small areas of additional land required will have no significant bearing on the financial and legal issues detailed within this report. Only that additional land as is absolutely necessary for the completion of the highway improvements will be included in the deed of dedication.

10 Climate Change

A decision to dedicate the council land would have a net positive carbon impact, compared to not dedicating the land in that this will deliver the most favourable technical solution for the scheme, including effectively incorporating new cycle routes and footpaths and which have been designed to appropriate safety standards and to include at surface crossings. Given the council’s climate emergency declaration, BDBC officers will continue to work with HCC and other stakeholders to explore future options for increased connectivity for pedestrians and cyclists in the locality, and at this important transport node.

It should be noted that it is proposed to keep all existing trees, and where this may not be possible that trees are replaced with more diverse species and in appropriate locations, so that there is a net gain in the number of trees in the vicinity of the roundabout.

11 Equalities

11.1 The impact of the proposed highway scheme at Brighton Hill roundabout on the protected characteristics and other vulnerable groups, and the implications for

13 of 16 the Public Sector Equality Duty (Equality Act 2010), were considered in an Equality Impact Assessment (EIA) prepared by and completed by HCC and which includes the County Council’s duty under Section 149 of the Equality Act 2010 to have due regard in the exercise of its functions.

11.2 The assessment has identified that the roundabout currently has limited accessibility to mobility impaired people, due to the steep gradients on the approaches to some of the subways. All subways within and associated with the roundabout are being removed, with replacement at grade-crossings. This will address existing issues for those with mobility impairments as well as providing an improved environment for pedestrians from a personal safety perspective.

11.3 As set out above the EIA has been completed by HCC as project lead. It is acknowledged nonetheless that the proposed highway improvements meet a number of Council Plan, Local Plan and Corporate objectives. The proposed highway improvements will, overall have a positive impact on travel for borough residents and improve overall accessibility within the town as a result of improved traffic management, and improve the level of safety for those utilising the roundabout.

11.4 If Cabinet approve the decision, officers at BDBC will continue work with HCC to ensure that residents and stakeholders are aware of the timescales and phasing of the future work programme, and that it is communicated in a suitable manner.

12 HR Implications

12.1 There are no HR issues expected to arise from the dedication of the council’s land for the proposed highway scheme. It is anticipated that the completion of the legal documentation associated with the dedication of land to HCC, can be achieved with the use of in-house resources.

13 Risk Management

13.1 There is a possibility that the funding may be withdrawn or that the detailed terms of the dedication agreement will not be reached with HCC. In that event, the council would not complete a deed of dedication with HCC, and thus the implementation of a less favourable scheme design might be considered by HCC. If the necessary funding were withdrawn, alternative funding sources might be sought, or the scheme might not proceed. HCC have advised however, that they are confident that the necessary funding will continue to be made available, given that these improvements are already recognised by the LEP as an important component in the town’s overall transport strategy. However, it is important that it is demonstrated that the scheme can and will be delivered promptly.

13.2 In the event that the scheme proceeds, there would be no financial implications or risk for the council, as the council would not be constructing the scheme.

13.3 It should also be noted that the outcome of the planning appeals for the Camrose site are still outstanding and, whilst this is not a specific risk that

14 of 16 impacts on deliverability of the proposed scheme, it should be flagged as an area that may require further future consideration.

14 Conclusion

Summary and reasons for the decision

14.1 The proposed updated improvements to the Brighton Hill roundabout will help support current and future growth for the town and facilitate additional transport capacity at this important highway node, to be facilitated by the securing of further LEP funding and developer contributions. The proposed dedication of a small quantum of council owned land to Hampshire County Council for highway purposes, will also help support the delivery of the most advantageous highway solution now available. This road improvement will have wider reaching economic and infrastructure benefits for the town, and these improvements accord with the aims and objectives detailed within the Council Plan, Local Plan, and relevant transport access plans and strategies. This project also demonstrates the ongoing and important partnership work being undertaken by the respective councils and their officers, on a number of significant infrastructure projects.

14.2 If Cabinet give approval, the council will enter into a deed of dedication with HCC as highway authority, once HCC have confirmed that they have entered into a construction contract to commence at a given date. Any other documents or agreements (if required) will be simultaneously entered into with third parties with a property interest.

The options considered and rejected

14.3 The alternative option would be not to dedicate the council’s land and thus, HCC may proceed with a scheme without its inclusion. However, this would result in a less favourable technical solution for the proposed scheme, or HCC may consider proceeding with a CPO which would result in the delivery of the scheme being delayed. This would also result in the council’s corporate and transport objectives, particularly those relating to the delivery of improved infrastructure, being compromised.

Date: 6 July 2021 Decision taken by: Cabinet

Executive Director of Corporate Services Lead officers Executive Director of Residents Services

15 of 16 Jason Christou, Principal Surveyor (Housing, Regeneration and Infrastructure) Telephone: 01256 845295 [email protected] Report authors Mark Lambert, Design Environment and Infrastructure Manager Telephone: 01256 845750 [email protected]

Version For Cabinet Dated 6 July 2021 Status Open

Confidentiality N/A- None of the papers included or referred to within this report contain exempt information

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