Decision - Pool Valley Enhancement Scheme - Arbitration
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Decision details
Pool Valley Enhancement Scheme - Arbitration
Decision Maker: Environment Cabinet Member Meeting
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Decision:
1. That officers be authorised to initiate and partake in arbitration proceedings between the council and Imperial Property and the council and Brighton Coaches Limited in order to secure the consent of both parties, as required by Part VIIA of the Highways Act 1980, to the construction of a ticket office and associated facilities at Pool Valley Coach Station.
Reasons for the decision:
1. That officers be authorised to initiate and partake in arbitration proceedings between the council and Imperial Property and the council and Brighton Coaches Limited in order to secure the consent of both parties, as required by Part VIIA of the Highways Act 1980, to the construction of a ticket office and associated facilities at Pool Valley Coach Station.
Alternative options considered:
1. As stated above, the consent of the frontagers with an interest is required before consent can be granted under section 115E of the 1980 Act. In this case the frontagers with an interest have been identified as:-
· Brighton & Hove Council
· Lace House
· Imperial Property
· Brighton Coaches Limited
2. Each party was approached in December 2007 and to date consent has been received from Brighton & Hove Council and Lace House. Discussions have been held with the remaining two parties although to date their consent has not been secured.
3. Insofar as consent has not been obtained from Brighton Coaches Limited and Imperial Property, and in order to take matters forward, the issue of the withholding of consent will need to go to arbitration for determination.
Report author: Tom Campbell
Publication date: 06/07/2008
Date of decision: 04/07/2008
Decided at meeting: 04/07/2008 - Environment Cabinet Member Meeting
Effective from: 12/07/2008
Accompanying Documents: