Report - London Borough of Hillingdon

normally be made to participating boroughs as and when particular sections of the
work progress. The details of the capital funding will need to be examined when
more details are available. However the Mayor of London’s Business Plan does not
include funding for the implementation of the scheme. It is expected that during the
next Central Government Spending Review a bid for funding will be made.
CORPORATE CONSULTATIONS CARRIED OUT
Corporate Finance comments
27. As noted in paragraph 25 above, if the option to formally object to the West
London Tram proposals is pursued, additional, unquantified, revenue costs will be
incurred, most likely in 2006/07 and 2007/08 based on the timetable in Table 2
above. It is noted from paragraph 19 above that Cabinet would receive a further
report determining the level and timing of these costs. Along with the cost of this
additional work, the funding for it has yet to be established, although in the absence
of any countervailing savings it should be assumed to be an additional burden on the
Council Tax requirement in the first instance.
Legal Implications
28. As indicated in the body of the report this scheme is being implemented under
the process of a Transport Works Act Order. This is a system which was devised to
deal with major infrastructure projects.
29. In summary an Order can be made under the provisions of the Transport
Works Act 1992. The effect of such an Order is to authorise the construction or
operation of the works in question and to grant powers of compulsory purchase. An
Order does not replace the need for planning permission but it should be noted that
as part of the submission for the Order a request for deemed planning permission
can be made. Given that the tram link will pass through 3 boroughs it is highly likely
that such a request will be included in this case. It operates in a similar fashion to
what are called Permitted Development rights, these are the rights people rely on to
construct certain sizes of extensions to existing properties.
30. The Council can elect to either support the project or to oppose it. If it elects
to support the project it will have to provide a letter indicating that it supports it. This
will avoid the need for the Council to attend the public inquiry which will be required
as part of the process for obtaining the Order. In the event that Members resolve to
oppose the scheme the Council will need to attend at the public inquiry to put
forward its objections to the scheme. Any objections will have to be based on
relevant grounds such as impact on traffic or environmental matters. The Council will
have to instruct a barrister to represent it at such an inquiry and may also have to
instruct external experts to appear as witnesses if there are no staff who can deal
with this matter. It is not possible at the present time to provide any indication as to
the costs the Council would incur in attending such an inquiry.
It should be noted that which ever course of action the Council decide to adopt it will
be necessary to pass a resolution at a full Council meeting making that decision.
PART 1 – MEMBERS, PUBLIC AND PRESS
Cabinet report 10 th November 2005 Page 161