Agenda item

To consider a report which seeks approval to submit the Final Funding application to the Department of Transport to release funding towards the construction of the Crewe Green Link Road South scheme.

Cabinet considered a report seeking approval to submit the Final Funding application to the Department of Transport to release funding towards the construction of the Crewe Green Link Road South scheme.

Crewe Green Link Road Southwas a key project within the Council’s major programme of new strategic infrastructure across the Borough. It would enable draw down of Department for Transport investment of £15.7m and would deliver benefits in terms of unlocking economic growth, delivering highway network efficiency improvements and providing environmental benefits. The road would also facilitate the delivery of employment and housing at the Basford sites and deliver wide-reaching transport benefits to the local highway network, including improved access to Crewe railway station.

The Deputy Leader and Portfolio Holder for Strategic Communities advised that there was a shortfall of £8.8m in the funding for the scheme which would be met from other sources. He added that the Council was committed to completing the scheme by November 2015.

RESOLVED

That

1.    the Target Cost for Phase 2: Detailed Design and Construction of the Scheme of £16.640m, which was agreed by the Project Steering Group on 30^th January 2014, be approved;

2.    the DfT Final Funding application, which is based on the Target Cost and Scheme Outturn Forecast of £26.5m developed and agreed by the Project Steering Group, be approved and submitted to the DfT;

3.    subject to confirmation of DfT approval of the Final Funding application, and the prior endorsement of the business case from the Executive Monitoring Board, the Council issue a Notice to Proceed to Construction which would mark the start of Phase 2 of the existing Contract with Morgan Sindall, comprising the Detailed Design and Construction of the Crewe Green Link Road South;

4.    the Director of Economic Growth and Prosperity in consultation with the Portfolio Holder for Assets and The Head of Legal Services be authorised to exercise the Council’s existing agreements in respect of the land agreements in place with the Duchy of Lancaster and Network Rail, including payment of any outstanding option fees. If necessitated by the programme for start of works, notices be served in advance of the DfT Final Funding confirmation being received;

5.    delegated authority be given to the Director of Economic Growth and Prosperity in consultation with the Portfolio Holder for Assets and the Head of Legal Services to negotiate and finalise legal and financial terms for legal agreements allowing early access to Crown land and instruct completion of such legal agreements for the purpose of carrying out advance environmental mitigation measures, including limited low level vegetation clearance and erection of newt fencing and subsequently newt trapping and relocation, erection of tree protection fencing, and installation of bird and bat boxes;

6.    delegated authority be given to the Director of Economic Growth and Prosperity in consultation with the Portfolio Holder for Assets and the Head of Legal Services to negotiate and finalise legal and financial terms and instruct completion of a legal agreement or agreements for the acquisition of additional land to accommodate great crested newt mitigation habitat to satisfy Natural England requirements to grant a European Protected Species Licence;

7.    authority be given to the undertaking of advance environmental mitigation works in advance of the final funding approval from DfT, as is required in order to meet the programme for construction of the Scheme.   And that delegated authority be given to the Director of Economic Growth and Prosperity to approve the advance works which will include, but may not be limited to: erecting newt fencing across the site including localised vegetation clearance to facilitate it, trapping great crested newts (GCN), and relocating them in accordance with an EPSL for which an application has been prepared ready for submission; installation of bird and bat boxes on land adjacent to the scheme, subject to agreement with landowners; and, erection of tree protection fencing;

8.    Cabinet approves a revised estimate of Network Rail‘s professional fees associated with the development and delivery of the Scheme, including fees incurred before the DfT Final Funding approval stage, reviews of submitted information and technical approvals, track access, and (some limited) post-completion monitoring, and formal approval of such is provided to Network Rail;

9.    if required for commercial or programme reasons, the Council enter into Contract direct with Network Rail Works Delivery Unit (WDU) to deliver specialist elements of the underbridge construction.  This may require amendment to the existing contract with Network Rail or new contract to transfer liabilities for the NR works to the Contractor for the Scheme, Morgan Sindall, agreement of the terms and conditions of each agreement to be delegated to the Director of Economic Growth and Prosperity and the Head of Legal Services;

10.authority be delegated to the Director of Economic Growth and Prosperity and the Head of Legal Services in consultation with the Portfolio Holder, if required, to make any changes to the DfT Final Funding Application, Target Cost, NR fees estimate, scope of advance environmental mitigation works, terms and conditions of land agreements/undertakings and any other agreements required to facilitate the advance works or construction;

11.Cabinet approves a revised funding profile for the Scheme, including a possible increase to the Council’s Local Transport Plan contribution and, pursuant to the Cabinet decision of May 2013, Cabinet re-affirms its commitment to provide a maximum of £8.8m of funding to cover the expected, but contingent, developer contributions to the scheme and that the risks and alternative reimbursement options be noted;

12.Cabinet notes that the Compulsory Purchase  Order for the Scheme has been confirmed by the Secretary of State and is now free from challenge, and that in accordance with the Cabinet decision of 20^th August 2012, land acquisition is to be progressed using a combination of General Vesting Declaration and Notice to Treat / Notice of Entry;

13.further to the Cabinet decision of 20^th August 2012, where approval was granted Cabinet authorises the appointment of appropriate consultants to assist and advise in the preparation and presentation of the Council’s case in the event that the question of compensation is referred to the Upper Tribunal (Lands Chamber).