Decision Maker: Cabinet
Decision status: Recommendations Approved (subject to call-in)
Is Key decision?: Yes
Is subject to call in?: Yes
To obtain Cabinet approval to enter into agreements and undertakings to acquire through negotiation with the owners or persons with any legal interest in the non-Council owned land at the development site (“the Land”) which is required to construct the Kodak footbridge and if attempts to secure the land and rights required for the construction of the Kodak footbridge through negotiations fail or are being delayed, to carry out work in preparation for the making of a CPO. Also pursuing procurement options and seek Cabinet approvals as required.
Having noted the confidential appendix to the report, Cabinet
1. the Corporate Director of Community be authorised to carry out work in preparation for the making of a Compulsory Purchase Order (CPO) in respect of the Property as shown in edged red on the attached plan at Appendix 10 to the officer report). The work will include:
· appointment, if necessary, of land referencers to review all interests in the Property and produce a draft schedule and plan for the CPO; and
· serve request for information notices under section S16 of the Local Government (Miscellaneous Provisions) Act 1976 on those potentially affected by the proposed CPO.
2. the Corporate Director Community, be authorised to negotiate with landowners (freehold owners and leasehold owners) and to acquire property through private treaty;
4. the Direct Award to Network Rail (NWR) as the supplier to build the bridge in accordance with Regulation 12(7) of the Public Contracts Regulations 2015 relating to contracts to establish co-operation between contracting authorities as set out in Appendix 2 to the officer report, be approved;
5. the option of pursuing a competitive tender process following the design phase of the project, in the event that the final proposal from Network Rail was unsatisfactory or did not provide value for money, be approved;
6. the Corporate Director of Community, following consultation with the Director of Finance and Deputy Leader and Portfolio Holder for Finance and Resources, be authorised to award contract to NWR following the evaluation of the Direct Award option or make a decision not to pursue that route and instead undertake procurement to identify a build partner to award contract(s) for the delivery of the Pedestrian Bridge; and
7. pursual of a Direct Award to NWR, be approved (the Cabinet Report dated 20 May 2021 foresaw a competitive process only).
Reasons: Funding has been secured from Ministry of Housing, Communities and Local Government (MHCLG) by way of Future High Street Fund (FHSF) to construct the Kodak Footbridge. There were five parcels of land that need to be purchased. Negotiations are still ongoing with the landowners to acquire the Property. In addition to the construction costs there will be associated costs with regards to legal fees, Land referencing fees and compensation for businesses and landowners. The costs will be funded from the FHSF. The construction of the Kodak Footbridge, the CPO and all associated costs were unlikely to exceed £8.9m, which was made up from the funding provided by the FHSF plus £1.76m from the Borough CIL. The CPO process must begin by December 2021 to meet the FHSF requirements to build the footbridge by early 2024. The CPO process can take up to 18 months.
The procurement option would allow the Council to collaborate with NWR to deliver the project within budget. If contractors were required to undertake the works, it was expected that NWR will commission the contractors using their own competitively procured frameworks.
The Planning application for the bridge was submitted on 04.10.2021 (Appendix 5 to the officer report).
Alternative Options Considered and Rejected: As set out in the report.
Conflict of Interest relating to the matter declared by Cabinet Member/Dispensation Granted: None.
Report author: Director of Environmental Services
Publication date: 19/11/2021
Date of decision: 18/11/2021
Decided at meeting: 18/11/2021 - Cabinet
Date comes into force if not called in: 27/11/2021
Call-in deadline date: 26/11/2021