Agenda item

(1)       Further to Minute 6 of 18 September 2007, the report provided an update on progress of the major transport and highway schemes  The last six months continued to be dominated by the considerable efforts in progressing the growth area schemes in Kent Thameside and Ashford within the funding and time constraints and general resource pressures on the Team.

(2)       A claim against the County Council for some £500,000 was successfully defended in the High Court.  Schemes had achieved successful internal and external financial audits and a Gateway review.  Fastrack continued to be recognised for awards and in particular was a key factor in the County Council receiving the prestigious Transport Authority of the Year award in November.

(3)       A progress or status report on Fastrack Thames Way, Fastrack Everards Link Phase 2, Ashford Ring Road, Newtown Road Bridge, Ashford, Rushenden Relief Road, Eurokent Phases 4 & 5, Sittingbourne Northern Relief Road, East Kent Access Phase 2, other schemes and Land matters was set out in the appendix to the report.  For brevity, only some of the background provided in previous reports was provided with the focus given to activity in the last half year.

(4)       There had been substantial progress and the key milestone achievements had been:-

o                   Fastrack Thamesway.  Completed. – March 2008

o                   Ashford Ring Road.  Award of contracts for the final stages and complex public realm stages of the Ring Road and Bank Street. – October 2007

o                   Newtown Road Bridge, Ashford.  Network Rail instructed to award contract– January 2008

o                   Eurokent Phases 4 & 5.  Funding and land Agreement completed.  Contract award and start of construction – January 2008

o                   Fort Hill De-dualling.  Ringway instructed – February 2008

o                   Sittingbourne Northern Relief Road.  Planning permission for amended scheme and publication of new statutory Orders – January 2008

o                   Rushenden Relief Road.  Planning consent – October 2007

o                   West Malling Station Link.  Completion of the Deed of Easement with Network Rail that would allow the private car park implementation – December 2007

o                   Everards Claim.  The claim for about £500,000 successfully defended and a vindication of actions taken in 1994, in the High Court with award of costs.– October 2007

o                   Union Railways/London & Continental Railways claim.  Preliminary Issues Hearing before the President of the Lands Tribunal – December 2007.

o                   ZED Homes Planning Inquiry Ashford – January 2008

o                   East Kent Access Phase 2– Successful Gateway 1 Review by 4ps – November 2007.

o                   Corporate Finance Audit of A228 Leybourne & West Malling Bypass and East Kent Access Phase 1C noted good project management and no recommendations.

o                   EU Commission and DCLG audit of expenditure of European funding on Fastrack Thames Way.  Successful audit with no adverse comments – December 2007

(5)       The key problems in the period had been:-

o                   Ashford Ring Road remained a challenging project to deliver with its innovative public realm design, many interfaces, funding uncertainties and working within a difficult urban environment.

o                   Rushenden Relief Road contract award remained on hold as SEEDA continued to assemble all the land and satisfy the planning conditions.

o                   East Kent Access Phase 2.  Delay by Secretary of State confirming statutory Orders.

(6)       The Chairman referred to the progress report relating to Borough Green and Platt Bypass, and informed the Board that  the coverage of the Celcon planning application and the Certificate of Lawful Development was incorrect.  The view of the Council’s legal advisor was:-

“KCC did issue a Certificate of Lawful Development/Use in relation to the 1990 bypass planning permission.  Upon being challenged it determined that the certificate was issued in error and was therefore unlawful.  KCC however regarded and still regards that CELCON could have carried on with its planning application for the blockworks factory and that a permission could have been issued subject to a Grampian style condition.  KCC committed itself to make a fresh planning application for the balance of the bypass.  Despite these assurances, CELCON without consultation of its own accord determined to withdraw its planning application for the blockworks factory.”

(7)       The Board:-

(a)       noted the report; and

(b)       agreed that a site visit to a selection of schemes be arranged to enable Board members to meet relevant officers involved, and witness progress first hand.