Agenda item

To consider a report on the steps required to implement the construction phase of the Sydney Road Replacement Bridge (Crewe) Project.

Cabinet considered a report on the steps required to implement the construction phase of the Sydney Road Replacement Bridge (Crewe) Project.

The Chairman of the Environment and Regeneration Overview and Scrutiny Committee had agreed that the decision on this matter should be treated as urgent and that the call-in process should not apply.

RESOLVED

That Cabinet

1.    authorises the Executive Director of Place, in consultation with the Portfolio Holder for Environment, to:

(a)  enter into an Implementation Agreement with Network Rail for them to deliver construction of the scheme through their design and build supply chain framework; and

(b)  approve acceptance of the newly-constructed bridge into Council ownership upon payment of an appropriate commuted sum by Network Rail and to enter into an Asset Transfer Agreement, a Two Party Bridge Agreement, Option Agreements and any Easement and other related agreements relating to use of and rights over Network Rail’s land, with Network Rail as necessary;

2.    authorises the Executive Director of Place, in consultation with the Director of Legal Services, to enter into discussions with land owners, utility companies, Network Rail and all third parties in relation to acquiring the necessary land and acquiring and granting rights to deliver the scheme and to delegate the negotiation and entering into of any necessary supporting legal agreements (including but not limited to option agreements, permanent land take, temporary land take/use of third party land, licences, easements (granting and acquiring), rights of support, rights to go onto land to do works, rights of access and rights for services, wayleaves and oversail agreements) and any variations required to those agreements during the course of the project;

3.    authorises the Executive Director Place, in consultation with the Portfolio Holder for Environment, to proceed with the scheme on the basis of the proposed funding arrangement as outlined in Section 7 of the report and approve the underwriting, in principle, of any necessary gap funding required to deliver the scheme due to timing of receipt of Section 106 contributions;

4.    further to the authorisation at Cabinet on 13^th October 2015, authorises the Executive Director Place to proceed with the use of the Council’s Compulsory Purchase Powers (CPO) to acquire land to construct the scheme and to approve the following specific recommendations:

authorise the Executive Director of Place in consultation with the Director of Legal Services to take all appropriate actions to secure the confirmation of the contemplated orders including:

(a)  the making of an order (or orders) under Sections 239, 240, 246, 250 and 260 of the Highways Act 1980 and all other powers as appropriate for the compulsory purchase of land and rights required for the construction of the project;

(b)  taking all necessary action to secure the making, submission to the Secretary of State for confirmation and (if confirmed) implementation, of the CPO including the publication and service of all relevant notices and for the Director of Legal Services to secure the presentation of the Council’s case at any public inquiry and the subsequent service of Notices to Treat and Notices of Entry or, as the case may be the execution of General Vesting Declarations;

(c)  negotiating and entering into agreements and undertakings with the owners of any interest in the CPO and any objectors to the confirmation of the Orders setting out the terms for the withdrawal of objections to the Orders including where appropriate, the inclusion in and/or exclusion from the CPO of land or new rights and to authorise the Director of Legal Services to agree, draw up, and to sign all  necessary legal documents to record such agreements and undertakings;

(d)  In the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber), the Director of Legal Services taking all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings; and

(e)  authorising the Head of Assets to negotiate and approve the payment of relevant and reasonable professional fees incurred by landowners and others with compensateable interests in taking professional advice in connection with the acquisition of their interests required for the scheme and related compensation claims;

5.    notes the previous Cabinet consideration and the associated engagement with elected members on this project as outlined in paragraph 5.17 of the report; and

6.    endorses the report author’s analysis regarding the urgency of this decision and his view that the delay caused by any call-in process would seriously prejudice the Council’s and the public’s interests.