To approve changes to the delivery arrangements for Grays Underpass

Councillor Coxshall addressed Members explaining that on the 2 February 2017 the Council received notification that its bid for £10.8million from the Local Growth Fund had been successful and that the Council would receive the full amount requested to complete the funding package to deliver the Grays South Project.

He continued to inform Cabinet that the Grays South Project aimed to create public squares and a pedestrian rail crossing to replace the level crossing in Grays High Street, together with the development of modern retail and residential units.

It was mentioned that the project had been a long standing priority for the Council. It was stated that the Council had been working with Network Rail to develop the proposals for the pedestrian rail crossing.

Councillor Gledhill, Leader of the Council, commented that the £11million was awarded by the South East Local Enterprise Partnership, so it was businesses and Council Leaders from East Sussex to the top of Essex who all saw and agreed with the benefit of the scheme. He further commented that the scheme would allow the Council to transform Grays and make it modern.

RESOLVED:

1.    To approve the implementation of the Grays South Project and delegate to the Corporate Director Environment and Place, in consultation with the Portfolio Holder for Regeneration, the negotiation of a joint delivery approach and agreement with Network Rail and C2C.

2.    To resolve that the use of Compulsory Purchase powers under Section 226(1) (a) and powers of acquisition under section 227 and 237 of the Town and Country Planning Act 1990 (as amended) and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 would in principle be justified in order to facilitate the delivery of a pedestrian rail crossing to replace the level crossing in Grays High Street (the Scheme) on the land outlined red on the plan in Appendix 1.

3.    Delegate to the Corporate Director of Environment and Place  in consultation with the Portfolio Holder for Regeneration the implementation of the Land Acquisition and Partnership Strategy including:

                 i.             To grant written authority to officers and their appointed agents to enter on to the land and other land for the purposes of carrying out surveys under section 15 of the Local Government (Miscellaneous Provisions) Act 1976

               ii.             To issue notices requisitioning information from persons in relation to the land  and other land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 or Section 5A of the Acquisition of Land Act 1981.

              iii.             Undertake land referencing and rights to light surveys to identify all owners, tenants, occupiers, and other interests or those who would be likely to be qualifying persons under Section 12(1) of the Acquisition of Land Act 1981 in relation to the scheme.

iv.          Negotiate to acquire land needed to facilitate the Scheme by agreement.

4.    To approve the option 4 design for the pedestrian rail crossing as the basis for the next stage of design and for further consultation about the Scheme to be undertaken.

5.    To approve the funding strategy.

6.    To note that

i.            A detailed report in relation to the exercise of the Compulsory Purchase Powers, setting out the full justification for their use including a full statement of reasons, will be presented for consideration by a future Cabinet.

ii.           The appropriation of Council owned land required for the Scheme from the purposes for which it is currently held to planning purposes is likely to be required under section 122 of the Local Government Act 1972 to deliver the Scheme and the need to do so will be identified once detailed proposals have been prepared.

iii.          The use of stopping up powers under section 247 of the Town and Country Planning Act 1990 (as amended) is likely to be required to deliver the Scheme.

iv.          An equalities assessment will be carried out during the following design stages.

Reason for Decision - as stated in the report

This decision is subject to call-in