Issue - meetings

Peter Osborne (Cabinet Member for Highways and Transport) and Simon Jones (Corporate Director for Growth, Environment &Transport) were in attendance for the item.

1. The Cabinet Member for Highways & Transport, Mr Osborne, explained that the report sought approval to proceed with engineering works to stabilise the cliff and enable the historic route to be safely reopened. He advised that Option 3 was the preferred option.

2. The Committee was advised that legal advice had concluded that KCC would likely to be held liable in respect of any further future collapse(s) affecting the Road of Remembrance and that there was a theoretical risk of a corporate manslaughter prosecution in the event of a fatal incident if appropriate action was not taken.

3. Members strongly welcomed the proposal to progress works and acknowledged the symbolic and practical importance of the Road of Remembrance to the local community of Folkestone. Members also queried the following:

a)    Contributions from Folkestone and Hythe District Council, including the use of on?street parking funds. Officers responded that discussions with the district council regarding financial contributions would be concluded following the Committee’s consideration.

b)    Clarification on the land ownership were raised as well as the possibility of any cost recovery. It was highlighted that the original registered landowner had died without a will and tracing inheritors had proved to be a complex endeavour. KCC would place a charge on the land to enable any possible future cost recovery, although this was considered unlikely at this stage.

c)      Members asked whether a contingency was in place given the complexity and risk of cost escalation. Officers confirmed that some contingency had been built into the estimated costs. They added that any pressures arising once works began could affect the wider capital programme but would be carefully managed.

RESOLVED to endorse the proposed decision, namely:

That the Cabinet Member for Highways and Transport agree to:

(a)    Give approval to progress the construction of the embankment stabilisation and associated works utilising KCC capital funding as identified in the 26/27 H&T capital budget.

(b)      Accept a contribution from Folkestone and Hythe District Council to contribute towards funding the works.

(c)      Deliver the works via the Road Asset Renewal Contract that has provision and financial capacity to accommodate these works.

(d)      Approval for any other further decisions required to allow the scheme to proceed through to construction to be taken by the Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member for Highways and Transport.