Agenda item

In the event that it is intended to make a key decision at least 28 days before the Cabinet meeting is impracticable due to special urgency, the local authority obtain the agreement of the Chair of the relevant overview and scrutiny committee (Corporate Performance Panel) that the making of the decision is urgent and cannot reasonably be deferred (Regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012). 

Councillor Dark, Chair of the Corporate Performance Panel has given agreement to this. 

The matter will therefore not be subject to call in. 

RESOLVED:            That  the extension of scope on the existing road and infrastructure contract on the Nar Ouse Regeneration Area Enterprise Zone, to include the removal of the contamination in the Enterprise Zone area, including areas adjacent to the alignment of the road and utility works be approved.  The additional costs of this contract extension will be covered by the existing NORA Remediation budget within the Capital Programme.

Reason for Decision

This decision is urgent as the road and utility construction contract is already underway, and there are significant risks associated with pausing and/or delaying this contract.  If this decision is not taken in accordance with the recommendations, the contractor will need to cease works as they will not be able to comply with the requirements of the statutory regulator (Environment Agency) in respect of the contamination.  This could lead to significant contractual dispute, cost and liabilities.

In addition to the above the new NHS Health Facility, currently under construction on the Enterprise Zone, is required to be open in March/April 2024.  Delay in delivering the road and utility infrastructure could impact upon this.

The road and infrastructure delivery will open-up a significant swathe of development land that can be sold for capital receipts and encourage private sector investment and job creation.  This site will have a potentially significant financial contribution to make to the King’s Lynn & West Norfolk local economy.

In the event that it is intended to make a key decision at least 28 days before the Cabinet meeting is impracticable due to special urgency, the local authority obtain the agreement of the Chair of the relevant overview and scrutiny committee (Corporate Performance Panel) that the making of the decision is urgent and cannot reasonably be deferred (Regulation 11 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012). 

Councillor Dark, Chair of the Corporate Performance Panel had given agreement to this. 

The matter will therefore not be subject to call in. 

Cabinet considered the report which explained that the borough council had been progressing the Nar Ouse Regeneration Area (NORA) for many years and it had been one of its main, most significant, major projects.  The road and utility infrastructure project on the Enterprise Zone element was perhaps one of the last major investments necessary in the site as, after completion, most of the site would be capable of sale and development.

In assembling, and taking control of, the land at the NORA site, the borough council had been aware of contamination issues, and had sought to mitigate these costs in the acquisition prices of the land.  However, recent changes in regulatory requirements, particularly to remove a specific contaminant from site and its disposal in an appropriately licensed waste site, had caused costs to rise significantly.

The borough council needed to decontaminate/remediate the land to be able to complete the delivery of the road and other infrastructure.  The report set out the issues, options considered and the cost implications.  These cost implications were already budgeted for within the council’s Capital Programme.

Cabinet discussed the report, its cost implications along with those cost implications if the report was net dealt with as urgent business, the business rate proposals on the site and recommendations and agreed the recommendations contained within the report.

Cabinet thanked Councillor Dark for his pragmatism in agreeing the urgency factor.

RESOLVED:                 That  the extension of scope on the existing road and infrastructure contract on the Nar Ouse Regeneration Area Enterprise Zone, to include the removal of the contamination in the Enterprise Zone area, including areas adjacent to the alignment of the road and utility works be approved.  The additional costs of this contract extension will be covered by the existing NORA Remediation budget within the Capital Programme.

Reason for Decision

This decision is urgent as the road and utility construction contract is already underway, and there are significant risks associated with pausing and/or delaying this contract.  If this decision is not taken in accordance with the recommendations, the contractor will need to cease works as they will not be able to comply with the requirements of the statutory regulator (Environment Agency) in respect of the contamination.  This could lead to significant contractual dispute, cost and liabilities.

In addition to the above the new NHS Health Facility, currently under construction on the Enterprise Zone, is required to be open in March/April 2024.  Delay in delivering the road and utility infrastructure could impact upon this.

The road and infrastructure delivery will open-up a significant swathe of development land that can be sold for capital receipts and encourage private sector investment and job creation.  This site will have a potentially significant financial contribution to make to the King’s Lynn & West Norfolk local economy.