On 10
November 2020, Cabinet:-
(i) Approved
the Outline Business Case (OBC) for the A457 Revised Dudley Road Improvement
Scheme at a total estimated capital cost of £29.935m, as detailed in Appendix A
and shown on the scheme plan in Appendix D of the report, noting that this will
replace the preferred option approved by Cabinet in the Project Definition
Document (PDD) for the Dudley Road Improvement Scheme on 26 June 2018, at a
total estimated capital cost of £29.464m;
(ii) Noted
the Revised scheme is split into 3 elements:
- Development of Shelf Ready Scheme (including
previous years expenditure) - £6.494m;
- Delivery of the Western Road Junction as
Phase 1 Advanced Works - £3.405m – subject to agreement between the City
Council and the Soho Loop Developer;
- Delivery of the Main Scheme - £20.036m.
(iii) Authorised
the Assistant Director Transport and Connectivity to proceed with the public
consultation for the revised scheme;
(iv) Noted that
to date £6.494m of funding has been confirmed, £5.043m Greater Birmingham and
Solihull Local Enterprise Partnership (GBSLEP) Local Growth Fund (LGF) subject
to acceptance, £0.500m DfT, £0.942m Council Prudential Borrowing and £0.009m
Integrated Transport Block approved through the Dudley Road Improvement Scheme
Cabinet report on 26 June 2018. Progression of Western Road Junction Phase 1
Advance Works at a cost of £3.405m and the Main Scheme at a cost of £20.036m
will be subject to approval of separate Full Business Cases (FBCs) and
identification and approval of additional resources to address the funding gap;
(v) Delegated
authority to the Assistant Director, Transport and Connectivity in conjunction
with the Interim Chief Finance Officer to submit bids for additional resources
as identified to address the current estimated funding gap of £23.441m Page 5
of 19 (£3.405m relating to Weston Road Junction Phase 1 Advanced Works and
£20.036m for the Main Scheme);
(vi) Delegated
authority to the Assistant Director, Transport and Connectivity to accept
£5.043m LGF from the GBSLEP and to enter into the associated Funding Agreement
to facilitate development and land acquisition, subject to the final terms and
conditions being acceptable;
(vii) Subject
to formal acceptance of grant funding and the associated Funding Agreement as
detailed in (vi) above, approved the release of £5.043m of GBSLEP funding to
cover estimated costs detailed below to progress the scheme to the required
stage, in line with Funding Agreement: 2.5.1 Development, demolition,
remediation, further investigative surveys, and advanced utilities work as
appropriate, (£2.026m); 2.5.2 Acquisition (and disposal if required) of
interest to facilitate the development of the scheme, (£3.017m);
(viii) Authorised
the Assistant Director, Transport and Connectivity to progress the development
of detailed design up to the value detailed in Exempt Appendix E, noting that
this will be delivered under the existing design contract awarded through the
Council’s Highways and Infrastructure Works Framework Contract as part of the
original scheme approvals;
(ix) Noted
that the Western Road Junction was included within the original PDD and should
the anticipated opportunity arise to bring forward the scheme as Phase 1
Advance Works, (subject to securing a Developer Contribution and approval of
the FBC) the award of the design and works contract is covered by the Cabinet
approval dated 26 June 2018;
(x) Delegated
authority to the Assistant Director Property to negotiate and complete the
acquisition (and disposal if required) of any interest to facilitate the building
of the improved highway including easements and drainage in the adjoining land
connected to the revised scheme, in advance of any Compulsory Purchase Order
and to agree costs and compensation, subject to costs being within available
funding;
(xi) Authorised
the City Solicitor to complete such acquisitions and any necessary related
agreements, disposals or easements and seal any documents in connection therewith.
To pay statutory home loss, basic loss and negotiate disturbance compensation
to all qualifying owners and tenants;
(xii) In the
event that a new Side Roads Order and Compulsory Purchase Order (CPO) is
required for the entirety of the revised scheme, delegated authority to the
City Solicitor to withdraw the Side Roads Order made on the 12 September 2019
and the existing CPO made on 4 November 2019 and approved the making of a new
Sides Roads Order under Sections 14 and 125 of the Highway Act 1980 and a new
Compulsory Purchase Order under Sections 239, 240 and 250 of the Highways Act
1980, in principle, in respect of the land edged black shown on Page 6 of 19
drawing CA_02715_S1_025 RevA in Appendix F to support negotiations to acquire
by agreement and allow implementation of the revised scheme;
(xiii) If
there is no need to withdraw the existing CPO, approved the making of a new CPO
in principle under Sections 239, 240 and 250 of the Highways Act 1989 in
respect of the additional land required for the revised scheme shown on
drawings in Appendix F and any related Side Road Order to support negotiations
to acquire by agreement and allow implementation of the revised scheme;
(xiv) In
relation to (xii) and (xiii), noted that the main scheme FBC will seek full
authority to the making of a CPO and any related Side Road Orders, if voluntary
negotiations to acquire the sites are not successful;
(xv) Approved
the strategy and commencement of the procurement activities for the demolition
and remediation of the MOT garage and various adjacent retail properties as
detailed in Appendix G subject to the successful completion of the Voluntary
Land Purchases;
(xvi) Delegated
authority to award the contract for demolition and remediation of the MOT
garage and various adjacent retail properties to the Acting Director, Inclusive
Growth, the Assistant Director, Development and Commercial (or their delegate),
the Interim Chief Finance Officer (or their delegate) and the Acting City
Solicitor (or their delegate) in order to progress the scheme;
(xvii) Authorised
the City Solicitor to progress an agreement with the Canal and River Trust for
a deed of indemnity to enable widening over the Lee Bridge to be implemented as
part of the revised scheme and noted that authority to enter into the Deed of
Indemnity, once a full risk assessment of liability, responsibility and costs
has been undertaken, will be sought within the main scheme FBC. Further details
are provided in Appendix H;
(xviii) Authorised
the City Solicitor to advertise the loss of Public Open Space within the area
shown edged black on the plan at Appendix F in accordance with Section122(2A)
of the Local Government Act 1972;
(xix) Authorised
the City Solicitor (or their delegate) to negotiate, execute, seal, take any
necessary action, and complete all necessary documentation including land
referencing to give effect to the above recommendations.
THE
DEADLINE FOR CALL IN IS 1600 HOURS ON MONDAY 16 NOVEMBER 2020.