Agenda item

Report of the Deputy Chief Executive (Place)

The Cabinet considered a report of the Deputy Chief Executive (Place), which set out proposals to secure land required to complete the Coventry Station Masterplan.

A corresponding private report detailing confidential aspects of the proposals was also submitted to the meeting for consideration.

The Coventry Station Masterplan programme was set to deliver transformational improvements to Coventry Railway Station.  The £82m scheme was approved by the Council in January 2017 and the procurement strategy for the scheme was approved by Cabinet in November 2017.

The scheme was designed to minimise the extent of third party land required.  Much of the land required for the Masterplan proposals was within the ownership of Network Rail.  However, some of the land required for the scheme was also subject to leases or other interests, or owned by various third parties.  The scheme would benefit the land owners affected, through introducing new road links and improving highway capacity alongside the wider improvements at the railway station.

The Cabinet noted that land assembly would remain a risk to the project until it had been achieved.  In particular, it was necessary to acquire the interests of land owned by third parties in order to deliver the bus interchange, NUCKLE bay platform and western highways elements of the project, which was all critical infrastructure to support the Coventry Station Masterplan.  If the land was not acquired, parts of the project could still be delivered, including the new station building, car park and footbridge, alongside improvements to Warwick Road, and a separate agreement would be required between the land owner and Network Rail to support the delivery of the bay platform, for which a minor part was affected by third party land.  An alternative arrangement for buses and highways arrangement would need to be sought.  However, this was considered to be a low risk given positive negotiations to date with the land owners alongside Counsel advice regarding the case for Compulsory Purchase Orders (CPO).

The report indicated that the land required to deliver the bus interchange, new link road and the area at the back of the bay platform was currently used for car parking.  Negotiations had been ongoing with the owners regarding the acquisition of the necessary interests.  Whilst the Council’s preference was to acquire all land by negotiation rather than CPO as this would assist with bringing forward the highways element of the scheme and avoid a costly and lengthy legal process, approval was being sought to the making of a CPO in respect of the acquisition of all interests, as set out in Appendix 1 of the report, to assist in the delivery of the Station Masterplan.  Negotiations with landowners would therefore continue in parallel with the CPO process. 

It was noted that the funding package was in place for the CPO, within the £82m programme budget and that the approved scheme funding included:

·  £39.4m West Midlands Combined Authority  Devo Deal funding (subject to Full Business Case Approval due in March 2018)

·  £10.9m prudential borrowing to finance the multi storey car park, repaid from car parking  income received which will be used to repay capital and interest charges (the change of ownership of parking at the station was subject to Department for Transport approval via a Memorandum of Understanding due to be agreed by early 2018).

·  £31.7m of funding was secure from Coventry and Warwickshire Local Enterprise Partnership Local Growth Deal, Network Rail and partners.

If costs were to escalate, approval would be sought from the Deputy Chief Executive (Place) and Cabinet Member for Jobs and Regeneration to draw down additional funds from the allocated scheme contingency budget within the £82m funding envelope. 

RESOLVED that the Cabinet:-

1.  Authorise the making of a Compulsory Purchase Order (CPO) under Section 226(1) (a) Town and Country Planning Act 1990 (as amended) in order to acquire the interests in the land edged black on the plan at Appendix 1 of the report, including where necessary, the acquisition of new rights under Section 13 Local Government (Miscellaneous Provisions) Act 1976, in order to facilitate the delivery of Coventry Station Masterplan.

2.  Delegate to the Deputy Chief Executive (Place) the authority to, notwithstanding the recommendations above, continue to negotiate terms to acquire all interests in land by agreement alongside progressing of a CPO.

3.  Authorise the Director of Finance and Corporate Services following consultation with the Legal Services Manager to finalise the Order Map (within the black line boundary of the Appendix 1 Plan), the Statement of Reasons and the CPO Order and advertise the Order and submit it to the Secretary of State and to take all necessary steps to secure the making, confirmation and implementation of the CPO, including High Court Enforcement Officer Notices and (if granted power to do so) to confirm the CPO.

4.  Delegate authority to the Deputy Chief Executive (Place) following consultation with the Cabinet Member for Jobs and Regeneration to approve the costs of land acquisition within the Coventry Station Masterplan funding envelope.

5.  Delegate authority to the Director of Transport and Highways to make an application under Section 247 of the Town and Country Planning Act 1990 to stop up areas of highway necessary to implement the proposals.