Reason for the decision
Approval to use of compulsory purchase to secure the land and rights required for the scheme and to give programme certainty.
Background
The proposed A28 Sturry Link Road is a key element of new highway infrastructure that will link with development roads that together will support the consented development of 1,150 new homes at Sturry/Broad Oak. The scheme received planning consent in September 2021.
The next critical stage is for land assembly. Negotiations have commenced and it is hoped that all land can be achieved by voluntary agreement. However, a compulsory purchase order needs to be progressed in parallel to ensure all land can be secured and to give programme certainty for a target start of construction during 2025.
Options (other options considered but discarded)
The CPO is a backstop to ensure the programme can be completed. Delays will cause additional costs.
How the proposed decision supports Framing Kent’s Future 2022-2026
The scheme supports Priority 2: Infrastructure for communities: Transport and connectivity are vital to ensuring a good quality of life for Kent’s residents, impacting accessibility of employment, education, health provision and leisure.
Decision type: Key
Reason Key: Affects more than two Electoral Divisions;
Decision status: Recommendations Approved
Division affected: Canterbury City North; Canterbury North; Herne Village & Sturry;
Notice of proposed decision first published: 27/06/2023
Decision due: Not before 26th Jul 2023 by Cabinet Member for Highways and Transport
Lead member: Cabinet Member for Highways and Transport
Lead director: Haroona Chughtai
Department: Growth, Environment & Transport
Contact: Richard Shelton, Project Manager - Major Projects Phone number: 03000 419550 Email: Richard.Shelton@kent.gov.uk Tel: +443000419550.
Financial implications: The most recent cost estimate based on the tender prices (January 2023) for the design and build contract is £41.6m. This includes CPO cost and £3.7m contingency. This is higher than the original estimate of £29.6m due to inflation, Covid and Brexit. Current funding from the Local Growth Fund and developer contributions secured by s106 agreement including indexation is £40.2m. Sufficient developer contributions and the Local Growth Funding are banked to enable the design phase of the design and build contract to proceed. There is a break clause in the design and build contract to protect Kent should any of the developer contributions not materialise and an alternative funding source not be identified. Once the design phase is completed, a further key decision will need to be taken to approve costs and funding
Legal implications: The land and rights that will be included in the compulsory purchase order are the minimum that will be necessary to deliver the scheme. The use of compulsory purchase is a strong power available to a local authority and justification for its use must satisfy numerous legal and policy tests. If these are not met, there could be a challenge to KCC and potentially costs, delay to the project and reputational damage. The service is working with KCC legal and the details of how the scheme meets these tests will be included in the Statement of Reasons that will be published with the Order
Equalities implications: An updated Equalities Impact Assessment has been prepared.