Report to Cabinet
29 April 2014
Subject:
Black Dam Roundabout, Basingstoke:Land required for proposed Highway Improvements
Status:
Open
Report Ref:
Ward(s):
All
Key Decision:
No
Key Decision Ref:
Report Of:
Contact:
Appendices:
Papers relied on to
produce this report
Head of Resources
Jason Christou
Asset Surveyor Ext 2295 or 01256 845295
Jason.christou@basingstoke.gov.uk
1 Plan of Junction Improvements
2 Council owned land to be included in the scheme
Cabinet report 26 June 2012
SUMMARY
1
This Report
1.1
The purpose of this report is to seek authority to the dedication of council
owned land in Hampshire County Council as the highway authority, by way of
a deed of dedication. This will enable land within the ownership of the council
to be incorporated into the scheme as public highway, to facilitate highway
improvements to the Black Dam roundabout. This report is in accordance with
the council’s disposal procedure for land and property.
1.2
Hampshire County Council (HCC), as highway authority, has requested that
the council dedicates to HCC, council owned land at nil value. This report
details the matters to be taken into account when considering such a request,
which should be treated as an off market disposal in accordance with the
disposal procedures. This report also provides details of the proposed
scheme, and a summary of the intended benefits that would result from this
comprehensive highway improvement project within the town.
1.3
This report also seeks authority to the release of capital budget from the
Leader Portfolio to Hampshire County Council, as part of the match funding
approach taken to secure Pinch Point Funding, in partnership with HCC and
the Local Enterprise Partnership (LEP) as approved under decision 775/PL in
June 2012.
1
2
Recommendation
2.1
It is recommended that Cabinet:
2.1.1
Note the contents of this report
2.1.2
Approves the dedication of council owned land at and in the vicinity of the
Black Dam roundabout, Basingstoke, to Hampshire County Council at nil
value for incorporation into the public highway, to support the implementation
of the highway improvements detailed in this report.
2.1.3
Delegate 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 Head of Resources (S151 officer), and the
Head of Governance and Monitoring Officer, in consultation with the Portfolio
Holder for Property, Finance and Commissioning and the Portfolio Holder for
Planning.
2.14
Delegates to the Portfolio Holder for Property, Finance and Commissioning
the consideration of any objection received in relation to the notice of
dedication of open space under S123 of the Local Government Act 1972 for
him to decide whether or not Cabinet should re-consider its decision in light of
any objections received.
2.1.5
Approves the release of the £500,000 capital budget within the Leader
Portfolio to Hampshire County Council, in order to support the implementation
of the highway improvements detailed in this report.
2
CONTRIBUTION TO COUNCIL PRIORITIES
This report accords with the council’s Budget and Policy Framework and directly
supports Council Plan priorities and proposals of improving economic viability, and
‘getting connected’ by working with partners on the delivery of road improvements
which include those within the vicinity of Junction 6 of the M3.
GLOSSARY OF TERMS
Term
Definition
HCC
Hampshire County Council
HA
Highways Agency
DfT
Department for Transport
M3 (J6)
M3 Junction 6
TAP
Basingstoke Town Access Plan
LTP3
Hampshire’s Local Transport Plan 3
LEP
Local Enterprise Partnership
DETAIL/MAIN CONSIDERATIONS
3
Background
3.1
In June 2012 Cabinet approved (decision 775/PL) a budget of £500,000 to be
taken from the Community Infrastructure Reserve, to support the project costs
for the delivery of highway improvements at the Black Dam Roundabout. The
pinch point funding bid to the DfT has been successful, and will now enable
improvement works of a total value of about £10m to be undertaken to the
roundabout. These works are intended to commence in July 2014 and with an
estimated completion date of March 2015.
3.2
The council own areas of land in the proximity of the roundabout or adjoining
the existing public highway. These areas are currently outside of the public
highway (not subject to highway rights) but have been identified as being
required for inclusion into the scheme. These areas comprise grassland,
verge areas, the edge of tree belts and a small area of grazing land owned by
the council. The approximate extent of this land is outlined red on the plan at
Appendix 2 and extends in total to about 0.2 ha (0.49 acre).
3.3
The land required includes:-the edge of a wooded belt and grassed area along the south western edge of
the existing roundabout and carriageway, in the vicinity of Black Dam pond,
extending to about 1044 sqm
-a landscaping and tree belt and grassed area along the south eastern edge
of the existing roundabout and carriageway, extending to about 227 sq m
-a landscaping and tree belt and grassed area, and subject to some minor
details of the scheme being determined, a small area of council owned
grazing land, extending to about 750 sq m.
3
4
Summary of Scheme
4.1
In 2010 the Highways Agency commissioned a study looking at potential
junction improvements that could be undertaken at Black Dam. In 2012, the
council and County Council commissioned some additional work to build upon
that produced by the Highways Agency and to support a bid by the Enterprise
M3 Local Enterprise Partnership for Pinch Point Funding.
4.2
The studies identified that morning and evening congestion and queuing upon
exiting junction 6 of the M3, was one of the key priorities along the M3 corridor
requiring improvement. The highway studies examined how journey times and
safety between the M3 and the town might be improved. By improving
transport links into the town, it is anticipated that there will be economic
benefits and additional road capacity ahead of proposals for growth over the
next 15 years, including supporting the infrastructure needed for the
regeneration of Basing View and the growth in housing in the town.
4.3
In June 2012, it was announced that the Black Dam improvement scheme had
been included in the Pinch Point Programme and following this award detailed
modelling and design of a preferred option was completed and a final design
was subsequently agreed by both the Highways Agency and Hampshire
County Council.
4.4
In summary, the final junction design involves the construction of a four-lane
northbound through carriageway through Black Dam roundabout to the A339,
realignment and widening of all approaches, installation of safety barriers,
new traffic signs, signals and streetlights. The principle of the scheme is
shown on the Plans at Appendix 1. There may be some minor modifications to
this plan, as minor details of the scheme are finalised.
4.5
This junction arrangement will increase the capacity and reduce congestion at
this strategic road junction and improve access to the Town Centre and
Basing View.
4.6
The council owned land required for the scheme will be utilised for
carriageway widening, visibility splays, service infrastructure and drainage
facilities. These elements form a vital component of the overall scheme.
5
Project Timetable
5.1
Work has already commenced to enable the delivery of the scheme, notably
surveys and trial holes have been undertaken to identify what utilities
infrastructure lies beneath the roundabout. The clearance of vegetation in the
centre of the roundabout has also recently commenced and following the
completion of this, utilities providers will be undertaking statutory diversions
before the main construction works commence in July 2014.
Surveys and trial holes
Complete
Vegetation and site clearance
Commenced
4
Statutory diversions
April – July 2014
Start of construction
July 2014
Completion
March 2015
6
Corporate implications and Council Policy
6.1
This highway improvement scheme accords with a number of the council’s
policies and corporate objectives, including those within the Council Plan
(2013-2017). Specifically, the Council Plan, under its directive of ‘getting
connected’ refers to ‘working with partners to deliver and capitalise on the
improvement of the M3 junction 6’. Further, these improvements are inherent
within other parts of the Council Plan, such as ensuring economic vitality is
improved and investment is made in Basingstoke, to ensure it is considered by
business as a premier location along the M3 corridor. These improvements will
also have a direct impact on development proposals such as the regeneration
of Basing View which is specifically referred to within the Council Plan.
6.2
The Local Plan (1996-2011) also refers to the implementation of these highway
improvements in accordance with Policy A3, which states that these
improvements are required to ease congestion and improve safety. Going
forward, these objectives are supported within the council’s Pre submission
Local Plan (2011-2029). Within the Plan, there is specific reference to HCC’s
Local Transport Plan 3 (LTP3) which includes as a component, the Basingstoke
Town Access Plan (TAP). The TAP identifies the Black Dam roundabout
improvements as a targeted measure to improve capacity at identified
bottlenecks, with such measures intended to improve access to the town,
ahead of proposals for growth for the next 15 years.
6.3
The dedication of council owned land needed to help facilitate the Black Dam
roundabout improvements will thus support a range of council objectives and
policies. The financial issues around dedicating council owned land are dealt
with in Part 8 of this report.
7
Consultation and Communication
7.1
There have been county member and officer meetings and further borough
councillor meetings, as part of an open invite to all members to receive an
update on the project scheme design and discuss the proposals with project
partners. Ward members have also confirmed their support in principle. In
summary, it is understood members who have attended these consultation
events and / or provided comments are supportive of the principle of this
project, and consider that it is a good example of infrastructure investment. As
detailed within this report, the principle of undertaking junction improvements at
Black Dam and committing council funds to support the delivery of this project
was approved by Cabinet in June 2012.
7.2
The Borough Council has continued to work in partnership with the HA and
HCC to publicise the works being undertaken, and to date has facilitated:
•
A briefing session for all Borough Councillors on 17 December 2013.
•
A briefing session for Parish Councils on 3 March 2014.
5
•
A briefing at the Borough Business Partnership on 20 March 2014.
7.3
In addition, a web-page has been set up on the Borough Council’s website to
provide information on the scheme, with links to more detailed information on
the HA’s website.
7.4
More recent discussions have taken place with HCC as both landowner (who
also own land in the vicinity of the roundabout) and as highway authority. HCC
have confirmed their continuing commitment to the project and are anxious that
the highway improvements commence in accordance with the July 2014 target
start date. Discussions have also taken place with the Highway Agency who
will be undertaking the works, and both HCC and council officers will remain on
the Highway Authority’s project team until completion of the works.
7.5
It should be noted that the Highways Agency, who are to undertake the scheme
works in consultation with HCC and the council, do not require planning
permission to implement the scheme. Nonetheless, both the council and HCC
will continue to input into the Highway Agency’s project programme and 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 protected species
which are understood to be present in the vicinity of the roundabout.
7.6
As part of the council’s disposal procedure, ward members will be consulted to
establish whether they have any objections about council owned land being
dedicated as highway.
7.7
Under S123 of the Local Government Act 1972, should any of the council’s
land required for the scheme be identified as public open space, the dedication
of the land would be deemed to be a disposal for the purposes of the Act, and it
would thus need to be advertised in the local press, and any objections given
due consideration.
8
Financial issues around vesting of land
8.1
In order to facilitate the construction of the scheme, Hampshire County Council
has requested that the land outlined red on the Plan at Appendix 2 be
dedicated to HCC as Highway Authority. The land would then become public
highway, and thus subject to public highway rights. Whilst the council would
retain ownership of the land, dedication of highway rights is considered to be a
disposal, falling within the auspices of the council’s disposal procedure.
8.2
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, as detailed at 8.3 below.
8.3
The council’s Disposal Procedure
8.3.1 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 vesting of the land to Hampshire
County Council would amount to a disposal by negotiation with one party,
without any marketing.
6
8.3.2 However, the council’s Standing Orders: - ‘Disposal of Land’ state that
negotiations with one party may be justified where:
a) the land is small in size/value
b) the purchaser is an adjoining or closely located landowner, and the
only potential or likely purchaser
c) the nature of the council’s land ownership is such that the land must
be sold to adjoining or surrounding land owners if best consideration is to
be obtained
d) where there is a special purchaser for whom the land has a higher
value than anyone else e.g. ransom strips, or where there is marriage
value
e) where council objectives would be best met by undertaking private
treaty negotiations with a single party who would bring social
environmental or economic benefit
f) where the proposed transaction involves a party who already has a
property interest in the land in question.
8.3.3
Officers consider that the principle of dedication of the land to HCC as
highway authority is justified in the context of the Standing Orders described
above, satisfying ground (e), in whole or in part, given the substantial
economic benefit that would result from the scheme. However, the dedication
would still need to satisfy other parts of the disposal procedure where it is
anticipated that less than full market value might be obtained, as detailed
below.
8.3.4
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
dedication) for less than the full market value. Those circumstances are
clearly defined by law and in any other cases specific consent is needed from
the Secretary of State. General Disposal Consents have been given by the
Secretary of State for certain transactions.”
8.3.5
This General Disposal Consent makes provision for the council to dispose of
land at less than full market value. Specified circumstances must apply as
follows:
The council considers that the purpose for which the land is to be
disposed of (in this case vesting) 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.

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.
7
The proposed dedication of the land to HCC, fall within the terms of that
Consent.
8.3.6
Further, all disposals (in this case dedication of land) covered by the definition
of these Standing Orders at less than best consideration must be referred to
Cabinet for approval.
8.3.7
Thus, to satisfy the disposal procedures and the standing orders detailed
above, and to support the dedication of land, the council must be satisfied that
the proposed scheme is not viable without the dedication of council land and
that there are clear economic, social and environmental objectives that would
result from the scheme.
8.3.8
Included within this report, are summary details of the considerable economic
benefits that will result from implementation of this scheme. The council are
also committing funds of £500,000 from the Community Infrastructure
Reserve in support of this DfT project, which has an overall cost of £10M. In
the absence of the land being dedicated in HCC, the project could be
compromised or require modification at considerable cost, with resultant
delays to the project.
8.3.9
The land, which constitutes in the main landscaping, trees and grassed areas,
has little or no value, given its use as grass verge or landscaping in the
immediate vicinity of the existing roundabout. The land could not realistically
be developed in isolation in the absence of the highway scheme, and it is
unlikely that it would attract any market interest given its position next to the
carriageway. Further, its need for upkeep represents a maintenance liability.
Given the location of the land and it being used for landscape and grassed
verge, it is considered to have a nil or negligible land value.
8.3.10 Whilst there will be a small loss of council owned grazing land to the north east
of the roundabout, the impact on the remaining grazing land will be negligible.
Ongoing discussions with the Highway’s Agency’s design team have indicated
that the loss of any grazing land might be reduced still further subject to
ensuring that the highway design is not compromised. It is considered that the
grazing land lost would have a rental value of not more than £100pa in
isolation, which is considered to be a negligible sum considering the overall the
scheme cost of £10m and considering the council’s contributions detailed at
9.2.
8.3.11 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 from these highway
improvements, and the dedication of the land (which has little or no value to the
council) to HCC will help facilitate scheme implementation accordingly.
9
Financial Implications
Dedication of land
9.1
The council would receive no capital receipt from the dedication of the land,
which is assigned a nil value in the council’s accounts. There would be a
minimal (c.£100pa) loss of annual rental income as a result of the slight
reduction in grazing land required for the scheme. The remaining land
8
comprises grassed areas and landscaping, which is currently maintained by the
council.
Costs of Black Dam Roundabout Improvement
9.2
The total estimated costs of the work are approximately £10m and the funding
for the improvements is as follows:BEST S106 contributions
Basingstoke and Deane Borough Council*
Hampshire County Council
Highway Agency (pinch point funds)
Total
£574,000
£500,000
£400,000
£8,526,000
£10,000,000
*The revised capital programme for 2014/15, which was approved by Council in
February 2014, includes a budget of £500,000 within the Leader Portfolio for
Black Dam roundabout improvements. In order that the work can commence in
July 2014 and be completed in 2014/15, it is recommended that Cabinet gives
approval for the release of the budget. The council is not committing any other
funds towards the project.
VAT and Stamp Duty
9.3
There are no VAT or stamp duty costs as the land is being dedicated to HCC at
nil value. The council and HCC will be responsible for their respective legal and
surveyors costs associated with the preparation of legal documentation to
complete the dedication. This council’s costs will be met from within existing
budgets.
10
Legal Issues
10.1
Dedicating the council’s land to Hampshire County Council by way of a deed of
dedication is considered to be the most appropriate, cost effective and quickest
method by which the council owned land can be incorporated into the public
highway, thus enabling the highway works to be undertaken. The land (ie the
sub soil) will however remain in the freehold ownership of the council, although
it will be maintainable in future by HCC, as highway authority.
10.2
Should the council not agree to dedicating the land in Hampshire County
Council, HCC could use compulsory purchase powers under the Highways Act
1980 to acquire the land necessary for the scheme. This would be an
inappropriate and unnecessary procedure, given that both councils wish to
ensure the implementation of these improvements at the earliest opportunity.
10.3
Should any of the land be identified as public open space, there is a
requirement under S123 of the Local Government Act 1972 to advertise the
dedication and consider any objections received.
10.4
As detailed within this report, a small portion of the land owned by the council is
subject to an annual grazing licence. Whilst the licence does not represent any
legal interest in the council’s land, nonetheless the licensee has been consulted
and has agreed in principle that the area required for the highway
9
improvements shall be excluded from the licence. The council will require that
the works programme include the replacement of any stock proof fencing.
10.5
Other licences, easements and working agreements may be required to help
facilitate the works programme. This includes inter alia the granting of highway
drainage easements to HCC and the granting of licences to the Highway
Agency and/or HCC to enter onto other areas of council owned land to install
habitat for protected species, licences to undertake surveys or to store
materials. It is anticipated however that such agreements would only involve
council owned land within the immediate vicinity of the roundabout. Where any
retained council owned land is to be subject to the grant of licences or
easements, the land would be made good by the Highways Agency upon
completion of the works.
10.6
It should be noted that whilst the plan at Appendix 2 shows the approximate
area 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 additional land required will have
no 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.
10.7
It is proposed that Cabinet approve the principles of the proposed dedication of
council owned land that is required, to Hampshire County Council by way of a
deed of dedication, to enable implementation the Black Dam highway
improvements by the Highways Agency in consultation with HCC and the
council. Further, Cabinet is requested to delegate authority to the Head of
Resources (S151 officer) and the Head of Governance and Monitoring Officer,
in consultation with the Portfolio Holder for Property, Finance and
Commissioning and the Portfolio Holder for Planning to decide the detailed
terms and the exact area of land to be included in the deed of dedication, and
any other supplementary agreements, easements or licences required to
facilitate the implementation of the works programme and completion of the
scheme.
11
Conclusion
11.1 This report seeks authority to the dedication of council owned land to
Hampshire County Council. This will help to facilitate much needed highway
improvements to the Black Dam roundabout, which will help ease congestion
and improve safety on this major route into Basingstoke. This will have far
reaching economic benefits for the town, and accords with the aims and
objectives detailed within the Council Plan.
11.2 This report also seeks authority to release of capital budget to HCC as part of
the match funding approach taken to secure Pinch Point Funding, in
partnership with HCC and the LEP as approved under decision 775/PL in 2012.
10
Black Dam Roundabout Junction Improvements
Appendix 1
Local highways network
11
Proposed Scheme
12
13