Decision details

The Cabinet Member considered a report which sought approval to enter into an Under Bridge Agreement between Network Rail (NR) and Cheshire East Council (CEC), and also the undertaking to pay NR’s reasonable professional fees for their role in supporting the delivery of the Crewe Green Link Road (South) scheme.

The bridge agreement was a NR requirement in order to protect the rail infrastructure and to grant the Council access onto NR land for the design, construction and maintenance of a new underbridge on the existing Crewe to Stoke railway line, which would carry the railway over Crewe Green Link Road (South). 

Sufficient budget provision was available within the approved capital programme to cover NR’s forecast fees in the 2013/14 financial year.  In total the NR estimate was £625,200, however only approximately £125,000 of this was forecast to be incurred before DfT funding approval was expected.  In the unlikely event that DfT funding was not approved then the Council would be liable to cover the cost of NR fees incurred.

The fees were an estimate only but were considered to be reasonable given the complexity of the project.  The Council would pay the actual costs incurred.

The total estimate was included within the previously advised total delivery cost of Crewe Green Link Road (South).  Final approval, and thus liability for the full estimated costs would only accrue after a final Council decision to proceed with the scheme was taken.

RESOLVED

That

(1)  the Council enter into a formal Underbridge Agreement with Network Rail on the terms and conditions set out in Appendix 1 to the report;

(2)  the estimate of Network Rail’s professional fees associated with the development of the scheme, including those incurred before the DfT Final Funding Approval stage, be accepted and formal approval of such be provided to Network Rail; and

(3)  any further amendments or modifications of the terms of the agreement or scale of the estimated costs to be incurred prior to final exchange of legal contract be delegated to the Head of Highways and Transport in consultation with the Council’s Monitoring Officer and Chief Financial Officer, and the Portfolio Holder for Prosperity and Economic Regeneration.