On 22
March 2022, Cabinet:-
(i) Approved the Full
Business Case (FBC) for the A457 Dudley Road Improvement Scheme Revised Main
Scheme – at a total estimated capital cost of £32.135m, as detailed in Appendix
A and shown on the Revised Main Scheme plans in Appendix D of the report,
noting that this will replace the preferred option approved by Cabinet in the
Outline Business Case (OBC) for the Dudley Road Improvement Scheme on 10 November
2020;
(ii) noted the Revised Main Scheme is split into 3 elements:
• Development of a shelf ready scheme (including previous years expenditure) -
£5.515m (already approved)
• Western Road Junction Scheme Phase 1 Advanced Works - £5.147m including
revised risk allowance of £0.400m and updated Target Cost value (FBC approved
and currently on site)
• Revised Main Scheme Delivery - £21.473m including £19.941m capital funding
secured from the Levelling Up Fund bid (approval sought in this FBC);
(iii) approved a contribution
of £0.250m from the Transportation & Highways Capital Programme (unallocated
funding) towards delivery of the Western Road Junction Scheme Phase 1 Advanced
Works;
(iv) delegated authority to
the s151 Officer / Assistant Director, Transport and Connectivity to accept
£19.941m from the LUF and to enter into the associated Funding Agreement to
facilitate the delivery of the Revised Main Scheme, subject to the final terms
and conditions being acceptable;
(v) authorised the Assistant
Director, Transportation and Connectivity to progress the delivery of highways
improvement works for the Revised Main Scheme noting that this will be
delivered under the existing design contract awarded to McPhillips (Wellington)
Ltd using the Council’s Highways and Infrastructure Works Framework Agreement
as part of the Original Scheme approvals already authorised by Cabinet;
(vi) delegated authority to
the Assistant Director, Property to negotiate and complete the acquisition (and
disposal if required) of land, airspace and rights to facilitate the building
of the Revised Main Scheme including easements and drainage in the adjoining
land connected to the Revised Main Scheme, in advance of any CPO and to agree
costs and compensation. The report authorises the Assistant Director of
Property Services to pay statutory home loss, basic loss and negotiate disturbance
compensation to all qualifying owners and tenants;
(vii) authorised the City
Solicitor to complete such acquisitions and any necessary related agreements,
disposals or easements and seal any documents in connection pursuant to
paragraph 2.6 and to pay statutory compensation to all qualifying owners and
tenants;
(viii) delegated authority to
award the contract for demolition and remediation of the MOT garage, Old
Windmill PH, 195-201 Dudley Road and properties within the scheme boundaries to
the Strategic Director of Place, Prosperity and Sustainability in conjunction
the Assistant Director, Procurement (or their delegate), the Director of
Council Management (or their delegate) and the Acting City Solicitor (or their
delegate) in order to progress the scheme;
(ix) delegated authority to
the Assistant Director Transportation and Connectivity to place orders with any
utility company to allow the works to progress;
(x) delegated authority to
the Assistant Director Transportation and Connectivity to place orders with
McPhillips (Wellington) Ltd under the current contract award to deliver the
highways improvement works as previously outlined in the OBC approved on 10
November 2020. In the event of the failure to agree a contract price with McPhillips
(Wellington) Ltd, authority is sought to commence a procurement exercise and
delegate the award of contract(s) to the Strategic Director of Place,
Prosperity and Sustainability in conjunction the Assistant Director,
Procurement(or their delegate), the Director of Council Management (or their
delegate) and the Acting City Solicitor (or their delegate) to deliver future
phases of the Revised Main Scheme in accordance with the strategy in paragraph
7.4 and Appendix G of the report;
(xi) authorised the Assistant
Director of Transport and Connectivity to complete the transfer of land and
dedicate as Highway Maintainable at Public Expense (HMPE) to facilitate the
building of the new carriageway, footway including easements and drainage in
the adjoining land connected to the Revised Main Scheme and authorised the City
Solicitor to complete such acquisition and disposal or easement and seal any
documents in connection therewith;
(xii) authorised the removal
of 85 trees to undertake the works and the implementation of the detailed
landscape proposal (Appendix N) to mitigate tree loss and allowing for
retention of existing trees where realistically possible. These measures will
be supplemented by additional high-grade tree planting and landscaping as per
the Capital Asset Valuation for Amenity Trees (CAVAT) calculations;
(xiii) approved the making of
a new CPO for additional land, airspace and rights requirements to implement
the A457 Dudley Road Revised Main Scheme under sections 239, 240 and 250 of the
Highways Act 1980 as shown on drawings in Appendix K of the report together
with any related SRO under Sections 14 and 125 of the Highways Act 1980;
(xiv) approved the making of an
order under Section 106 of the Highway Act 1980 or via a licence agreement with
the Canal and River Trust to allow the construction and implementation of a new
bridge for pedestrian and cycle use over the Spring Hill Canal as part of the
Revised Main Scheme. The new footbridge will be created as a public highway for
those identified purposes;
(xv) approved the making of
Traffic Regulation Orders (TROs) to facilitate implementation of the Revised
Main Scheme as per the nine Delivery Phases detailed in Appendix G of the
report and including the Section 116 Stopping Up Order for Hooper Street. This
will enable the Spring Hill, Barford Estate, Spring Hill Canal Bridge and Lee
Bridge Structural Enhancements to be delivered in advance of the anticipated
CPO Decision in autumn / winter 2022. The rephasing of the delivery will
provide continuity with the Western Road Junction Phase 1 works and develop a
continuous segregated cycle link from Tesco to Western Road;
(xvi) authorised the Acting
City Solicitor (or their delegate) to negotiate, execute, seal, and complete
all necessary documentation and take any necessary action to give effect to the
above recommendations, including the appointment of land referencers, confirmation
of the CPO if granted power to do so by the Secretary of State, and appointment
of the High Court Enforcement Officer to secure possession of the land on
implementation of the CPO.
THE
DEADLINE FOR CALL IN IS 1600 HOURS ON MONDAY 28 MARCH 2022