Decision details

(a)      That the responses to the consultation and evidence from the further work undertaken to develop the Outline Business Case for the northern and eastern sections of the Melton Mowbray Distributor Road (MMDR) be noted;

 

(b)      That the Cabinet reaffirms its decision to prioritise and progress the development of the northern and eastern sections of the MMDR;

 

(c)      That the route for the northern and eastern sections of the MMDR, as illustrated on the plan at paragraph 75 to the report, be agreed for the purposes of further development and consultation subject to (e) and (f) below;

 

(d)      That the decision of Melton Borough Council’s Policy Finance and Administration Committee agreeing to proceed with the funding arrangements for the MMDR as set out in the Heads of Terms be noted;

 

(e)      That the basis for the agreement regarding the future funding of the northern and eastern MMDR as set out in the Heads of Terms be supported and that the Director of Finance in consultation with the Director of Law and Governance, following consultation with the Cabinet lead member for Resources be authorised to record the agreement by an exchange of letters with Melton Borough Council;

 

(f)       That subject to an exchange of letters with Melton Borough Council before 22 December 2017 further funding be committed by the County Council in order to -

 

(i)       Submit a planning application for the scheme in summer 2018 (including detailed design, environmental work, consultation, and preparation of statutory orders),

 

(ii)      Complete all further work necessary to prepare the scheme for construction by spring 2020 (noting this is subject to Department for Transport (DfT) funding and full completion of all necessary processes),

 

(iii)      Provide, in negotiation with the DfT, an appropriate local contribution, including underwriting forward-funding contributions to be provided by developers and/or third parties as necessary,

 

          - noting that there could be additional scheme costs following submission of the outline business case and the Heads of Terms with Melton Borough Council will address how this will be financed;

 

(g)      That pursuant to the above, that the officers identified below be authorised, in consultation with the Director of Law and Governance and following consultation with the relevant Cabinet Lead Members, to

 

(i)       Continue discussions with landowners and stakeholders, with a view to reaching voluntary agreement over the purchase and/or reservation of land for the northern and eastern sections of the MMDR where possible - Director of Environment and Transport;

 

(ii)      Undertake to acquire by agreement necessary land (and) rights to facilitate delivery of the northern and eastern sections of the MMDR and make preparations in parallel for use of Compulsory Purchase Orders pursuant to the Highways Act 1980 and the Acquisition of Land Act 1981, taking all steps to include the preparation of Draft Order and Statement of Reasons - Director of Environment and Transport and Director of Corporate Resources; 

 

(iii)      Undertake further engagement and consultation arising from any changes or improvements to the recommended route that may arise from detailed design work and feedback - Director of Environment and Transport;

 

(iv)     Agree the preferred route for planning and acquisition purposes - Director of Environment and Transport; 

 

(h)      That subject to agreement with Melton Borough Council regarding future financing as set out above, the Chief Executive be authorised to approve and submit the Outline Business Case for the northern and eastern sections of the MMDR to the DfT as part of the bid for Large Local Majors Funding;

 

(i)       That it be noted that, assuming DfT funding for the MMDR is forthcoming, a further report will be submitted to the Cabinet regarding the detailed funding agreement between the County Council and Melton Borough Council;

 

(j)       That a further report be submitted to the Cabinet prior to submission of a planning application to include, amongst other things -

 

(i)       Any alterations made to the recommended route as a result of detailed design work or further consultation;

 

(ii)      The detailed design and updated cost estimates for the scheme which will form the basis for the planning application;

 

(iii)      Requests for approval to make and implement any required Compulsory Purchase Orders and associated statutory orders.

 

(KEY DECISION)

 

REASON FOR DECISION:

 

The proposed route to the north and east of the town has been supported by the consultation responses and evidential work undertaken to date and it is considered to be the route that has the greatest chance of being awarded funding from the DfT Local Majors Fund.

 

The Council is working to an extremely tight timescale set by the DfT in order to be able to apply for Large Local Majors Funding, and further detailed work and consultation needs to take place before the OBC is submitted (on or prior to 22 December 2017) and planning permission sought (spring/summer 2018). This may include, for instance, alterations to the route and additional expenditure.  It will not be feasible for reports to be submitted to the Cabinet to seek approval for this and the preparation of statutory orders, further engagement/consultation, and so on and it is therefore proposed that the relevant Chief Officers are authorised to progress such matters. The Cabinet, Environment and Transport Overview and Scrutiny Committee, and local members will be kept informed of progress and any significant issues would be the subject of a formal report.

 

The MMDR is included in the Melton Mowbray Transport Strategy, which is being developed jointly by the County and Melton Borough Councils and supports the planned growth in Melton Borough Council’s Local Plan.  Development of the northern and eastern MMDR will require financing from the County Council’s capital programme in advance of DfT funding being received and a funding agreement with MBC will mitigate the risk to the County Council.

 

The Heads of Terms set out the basis for a financial agreement between the County Council and Melton Borough Council, and will need to be refined further to enable the OBC to be submitted to the DfT by 22 December 2017.  It is considered appropriate that the final detailed funding agreement should be submitted to the Cabinet for approval.

 

The County Council must submit the OBC to the DfT by 22 December 2017 as part of its bid for Large Local Majors Funding, which is key to early provision of the MMDR.