Report to: Report of: BIRMINGHAM CITY COUNCIL Date of Decision: 21 st October 2013 SUBJECT: CABINET PUBLIC STRATEGIC DIRECTOR OF DEVELOPMENT & CULTURE METRO EXTENSION TO CENTENARY SQUARE AND ASSOCIATED WORKS PROJECT DEFINITION DOCUMENT Key Decision: Yes Relevant Forward Plan Ref: 480651/2013 If not in the Forward Plan: (please "X" box) Chief Executive approved O&S Chairman approved Relevant Cabinet Member(s): Councillor Tahir Ali Development Jobs and Skills Relevant O&S Chairman: Councillor Victoria Quinn Wards affected: 1. Purpose of report: Transport, Connectivity and Sustainability Ladywood 1.1 To seek approval to the Project Definition Document (Appendix A) in respect of the Metro Extension to Centenary Square and Associated Works (including the Refurbishment of Centenary Square and Complementary Highway Works) at a total estimated cost of 42.4m. 1.2 To seek approval to the release of 0.400 m of funding to develop the proposals to detailed design stage and Full Business Case stage. 1.3 To seek authority to undertake necessary preparation for the making of a CPO relating to the proposed acquisition of private land, the making of Compulsory Purchase and Side Road Orders, and submission of a planning application for Navigation Street Link. 1.4 To seek authority to begin public consultations on the Complementary Highway Works. 2. Decision(s) recommended: That Cabinet: 2.1 In both its capacity as the Council and as Accountable Body for the City Centre Enterprise Zone Investment Plan, approves the Project Definition Document for Metro Extension to Centenary Square, the Refurbishment of Centenary Square, and the Complementary Highway Works (Appendix A of this report) at a total estimated capital cost of 42.4m and supports a submission to the Greater Birmingham and Solihull Local Transport Board of a major scheme business case to secure their funding contribution. 2.2 Notes that Birmingham City Council may need to provide funding of up to 25.0m towards the overall cost of the project, funded through prudential borrowing,to be repaid through the forecast business rates growth generated by the Enterprise Zone in line with the principles approved by Cabinet on 30 th July 2012. 2.3 Approves prudential borrowing of 0.400m to develop the project to detailed design and Full Business Case stage including consultation on highway proposals; such expenditure will be the first part of the City Council s overall prudential borrowing requirement in respect of this project. Recommendations continued overleaf Lead Contact Officer(s): Anne Shaw Telephone No: 0121 303 7493 E-mail address: anne.shaw@birmingham.gov.uk 1
Recommendations continued 2.4 Authorises the Director of Legal and Democratic Services to negotiate, execute and complete all necessary documentation to give effect to the above recommendations. 2.5 Approves the highway scheme (shown on the Drawing No. CA_01863_015 rev) appended to this report to provide a new link road from Navigation street to Holliday Street / Suffolk Street Queensway. 2.6 Approves the making of a Compulsory Purchase Order (CPO) under Sections 239, 240 and 250 of the Highways Act 1908 in respect of the land etc. shown edged in black on the attached Drawing No. CA_01863_015 rev and authorises the Director of Legal and Democratic Services to carry out all preparatory work for the CPO (including land referencing), save that the CPO shall not be made and submitted to the Secretary Of State pending further approvals within the FBC. Specific requirements for the Navigation Street link are contained within appendix B. 2.7 Authorises the Director of Legal and Democratic Services to draft for confirmation an Order in accordance with Section 14 and Section 125 of the Highways Act 1980 (or other such similar Orders as may be required) to support the CPO but the order shall not be made and submitted to the Secretary of State pending further approvals within the FBC. 2.8 Authorises the Director of Property to commence negotiations to acquire any interest in advance of the confirmation of the CPO. The purchase of any such acquisitions will be subject to further approvals within the FBC. 2.9 Authorises the Director of Development and Culture to submit a planning application under State Regulations for the Navigation Street Link. 3. Consultation 3.1 Internal Officers from Planning and Regeneration, Highways and Sustainability Transportation and Partnerships have been consulted as part of these proposals and are represented on the Project Board within the framework for delivering on the Enterprise Zone Investment Plan (EZIP). Ward Councillors and the District Committee Chair have been consulted with respect to the development of the Enterprise Zone Investment plan which was approved by Cabinet on 30 th July 2012. The Cabinet Member for Development, Jobs and Skills together with the local Ward Members offered their full support for the proposals to extend Metro from Birmingham Gateway (New Street Station) to Centenary Square, together with associated complementary highway works to benefit traffic movements in the city centre following the extension of Metro and the refurbishment of Centenary Square. Further consultation on the design of Centenary Square and the Complementary Highway works will take place at Full Business Case stage. In accordance with the Gateway and the Projects and Programmes methodology, the Corporate Quality Assurance and Governance Team have appraised this project and recommend it for approval 3.2 External Officers from Centro have led the development of proposals to extend the Metro from Birmingham Gateway to Centenary Square and fully support the EZIP. Business Improvement Districts for both Broad Street and Colmore Row together with the developers associated with Paradise Circus and Arena Central proposals have been consulted and fully support the proposals subject to their input into final designs. The impact on private property owners along the route will be assessed as the project moves to FBC for approval. All consultation requirements for any CPO will be met at the appropriate stage. 2
4. Compliance Issues: 4.1 Are the recommended decisions consistent with the Council s policies, plans and strategies? This proposal supports the Council Business Plan and Budget 2013+, The Big City Plan and the LEP Strategy for Growth. It contributes towards the Leader s policy theme of a prosperous sustainable city built on an inclusive economy and the developing Birmingham Development Plan and the Mobility Action Plan. It also contributes towards a Green, Safe and Smart city and the Be Healthy objective to enable people to choose sustainable modes of travel. The project will increase the penetration of Metro services within the city centre core contributing towards improving the environment, reducing car usage, and improving connectivity for households without a car as well as improved public realm. Proposals will also benefit pedestrians, cyclists, bus users and road safety. The project will also support the recommendations of the Transport, Connectivity & Sustainability Overview and Scrutiny Committee (TCS O&S) report Changing Gear, Transforming Urban Movement Through Walking & Cycling in Birmingham. The projects also support the targets set out in the West Midlands Local Transport Plan 2011-26 (LTP3) in terms of annual traffic growth limitation, increase of active travel, reduction of CO2 emissions from transport, and air quality improvements. 4.2 Financial Implications (will decisions be carried out within existing finances & resources?) 4.2.1 The following table shows the estimated capital expenditure and funding in relation to this project which consists of three elements: BCC Led Centro Led Total Expenditure: 'm 'm 'm Metro Extension 30.900 0.000 30.900 Centenary Square Refurbishment 8.000 8.000 0.000 Complementary Highway Works 3.500 3.500 0.000 Project Total 42.400 11.500 30.900 Funding: Enterprise Zone Supported 25.000 8.350 16.650 Local Transport Board (DfT) 8.000 3.150 4.850 Prudential Borrowing (Centro Supported) 5.000 0.000 5.000 Developer Contributions 4.400 0.000 4.400 Project Total 42.400 11.500 30.900 3
Funding assumptions in relation to the project are as follows: Enterprise Zone BCC will, acting as accountable body for the LEP, provide the revenue funding stream for the Enterprise Zone elements of the project (up to a total of 25.00m). As part of the FBC work the optimal borrowing arrangements will be sought, including whether Centro or BCC will directly borrow the Metro extension funds and the term of the repayment. The Prudential Borrowing costs incurred by BCC will be repaid by the revenue resources provided by the uplift in business rates within the Enterprise Zone in accordance with the financial principles in relation to the Enterprise Zone Investment Plan which were detailed in the report to Cabinet on 30th July 2012. Local Transport Board (Department for Transport) Application has been made to the Greater Birmingham and Solihull Local Transport Board (LTB) for a joint proposal by BCC and Centro totalling 8.0 million for works within the City Centre (Centenary Square refurbishment and Highway measures associated with the Metro project). This Board, in respect of which BCC is the Accountable Body, has been established to administer major transport scheme capital funding devolved from the Department for Transport (DfT) from 2015/16 onwards. Initial programme entry approval has been received from the LTB in relation to this application. Confirmation of funding will be included as part of the Full Business Case (FBC) reports that will be submitted to Cabinet at a later date. Prudential Borrowing (Centro) Centro will fund this element, via Prudentially Borrowing, and repayment will be recovered (by Centro) through additional revenue generation from fares. Developer Contributions Paradise Circus redevelopment will provide a significant contribution towards the scheme principally through works in kind as a result of alterations to the highway, i.e. some of the works that would have been required had the Metro extension and Centenary Square project proceeded in isolation will be either unnecessary or complemented by works on the Paradise Circus redevelopment. 4.2.2 This report seeks approval to enable the development of the project to Full Business Case (FBC) stage. In the event that this project does not proceed beyond the FBC, such costs will be abortive and will be funded through the Development and Culture Directorate s Revenue Budget. Subject to Cabinet approval, the project would be developed to FBC stage using in house resources (on a fee charge basis). These fees will form part of the total project costs, made available through prudential borrowing and funded by the LEP Enterprise Zone business rate receipts. 4.2.3 The design approach to this overall scheme will seek to minimise ongoing revenue consequences. Further details are provided in the PDD. The position for each scheme element will be confirmed at FBC stage. 4
4.3 Legal Implications The City Council will deliver the Complementary Highway Works and has powers to implement highway schemes under the Highways Act 1980 (which includes powers of compulsory purchase); Road Traffic Regulation Act 1984; Traffic Management Act 2004; Transport Act 2000; and other related regulations, instructions, directives and general guidance.in considering whether to make a Compulsory Purchase Order, the rights of property owners under the Human Rights Act 1998 particularly Article 8 and Article 1 of the First Protocol, have been taken into account. Any future compulsory acquisition would not constitute an unlawful interference with any of these rights. The City Council has responsibility through the Local Enterprise Partnership to manage the EZIP funding as an Accountable Body. The EZIP included 128m of investment for infrastructure with a 25m investment identified and agreed for Metro Extension and the refurbishment of Centenary Square agreed by their Board in July 2012. 4.4 Public Sector Equality Duty (see separate guidance note) An initial screening of the project has identified that improvements to public transport will have a positive impact on all sectors of the community improving accessibility and availability. The refurbishment of Centenary Square will stipulate requirements to ensure that the design is such that is has no impact on vulnerable road users and it will create a space of quality to be enjoyed by all. 5. Relevant background/chronology of key events: 5.1 The Enterprise Zone Investment Plan was approved at Cabinet on 30 th July 2012 at a total cost of 128.0m. As part of this report, Cabinet also approved Birmingham City council as the Accountable Body for the Enterprise Zone and the financial principles associated with this arrangement. 5.2 This project is the first major infrastructure project to come forward from within the EZIP plan and will deliver an extension of Metro into Centenary Square, a refurbishment of Centenary square and a number of highway complementary works. This accords to the City Council s Big City Plan and supports the EZ delivery plan. This project provides greater public transport penetration to the Enterprise Zone sites at Arena Central and Paradise Circus as well as to the existing business and cultural offerings within Broad Street/Brindley Place connecting more readily with rail services at Snow Hill Station and New Street Station providing wider benefits. 5.3 This project will also deliver the refurbishment of Centenary Square to produce a quality public realm across the existing square and Broad Street within the boundaries identified on appendix F. To cater for the opening of the new Library of Birmingham an interim design was implemented however the project brief has been developed which identified the opportunities for the refurbishment of Centenary Square, including Broad Street, to provide a high quality space which could cater for a number of uses ranging from events, increased accessibility, a space to relax and enjoy the surroundings and provide a suitable frontage to key leisure and cultural offerings including the Symphony Hall, ICC, Repertory Theatre and the new Library of Birmingham. 5.4 The Enterprise Zone is predicted to create an additional 40,000 new jobs, the delivery of 1.3 million square metres of new floor space with uplift in GVA of 2.8bn per annum. This project provides infrastructure to support that regeneration through the Business Rate uplift generated from developments which will be retained by the GBSLEP and used to invest in infrastructure supporting the wider economic priorities across the LEP geography. 5.5 Metro is currently being constructed from Snow Hill Station to Stephenson Street (New Street Station) and is due to be completed in 2015 in accordance with the original TWA Order, which gave powers to construct the route to Edgbaston. 5.6 Paradise Circus Redevelopment was approved by the Planning Committee in December 5
2012 and includes major changes to the existing Paradise Circus gyratory and is shown on the attached plan Appendix G. This has provided the opportunity to provide an alternative Metro alignment design at this location, which provides major cost savings as result of not requiring the construction of a new bridge structure over Suffolk Street Queensway. It does however require a minor modification to the TWA which Centro will be submitting in late 2013 supported by the City Council. 5.7 As part of the Metro extension a series of Complementary Highway Works have been identified and their locations are shown on the attached plan in Appendix E and will be delivered by the City Council to mitigate any traffic re-assignment. Authority is sought to commence public consultations on these complementary works. Appendix B details steps which are specifically required for the Navigation Street Link. 5.8 In the event that the private interests in the land required for the construction of the Navigation Street Link element of the Complementary Highway Works cannot be secured by negotiation, a Compulsory Purchase Order (CPO) will be required to acquire these private land interests. The land requirements are shown in Appendix B. Some side road and private accesses are affected by the Navigation Street Link and to deal with these a Side Roads Order (SRO) will also be required. 5.9 Subject to Cabinet approval to this report, individual Full Business Cases for the component elements of the overall project will be developed and these, together with their procurement plans will be submitted for Cabinet approval in early 2014. 6. Evaluation of alternative option(s): 6.1 Do nothing Do not progress the Metro extension to this area, only allow the refurbishment of Centenary Square to be completed to a basic quality following the completion of the library, and do not implement the Complementary Highway Works. This would not take advantage of EZ resources to improve the accessibility of public transport and create a space of high quality. 6.2 Deliver Metro without the Refurbishment of Centenary Square or the Complementary Highway Works. This would result in improved access to public transport and other benefits associated with this, but would not provide the added benefits of a high quality public space within Centenary Square or the mitigation measures needed to manage traffic reassignment and any resulting congestion. 7. Reasons for Decision(s): 7.1 To approve the Project Definition Document for the Metro Extension to Centenary Square, the Refurbishment of Centenary Square, and the Complementary Highway Works at a total estimated capital cost of 42.4m. 7.2 To approve prudential borrowing of 0.400m to develop the projects to detailed design and Full Business Case stage. 6
Signatures Councillor Tahir Ali Cabinet Member for Development, Jobs and Skills Date. Mark Barrow Strategic Director of Development and Culture. List of Background Documents used to compile this Report: Midland Metro Birmingham City Centre Extension and Associated Highway Works Report of the Assistant Director (Development Strategy) to Cabinet, 14 th March 2011 City Centre Enterprise Zone Investment Plan Report of the Strategic Director of Development and Couture to Cabinet, 30 th July 2012. The Big City Plan Local Major Transport Scheme Prioritisation, report to the Greater Birmingham and Solihull Local Transport Board, 10 th July 2013. Establishment of the Greater Birmingham and Solihull Local Transport Board, 11 th February 2013 The Midland Metro Extension and Complimentary Works 31 st March 2013 Major Scheme Submission to The Greater Birmingham and Solihull Local Transport Board List of Appendices accompanying this Report (if any): Appendix A Project Definition Document Appendix B Additional recommendations relating to Navigation Street Link, and CPO Plan Appendix C Analysis of Impacts on Equality Appendix D Midland Metro Centenary Square Extension, Layout Plan Appendix E Metro Extension Locations of Complementary Highway Works Appendix F Centenary Square Extent of Refurbishment Works Appendix G Paradise Circus Redevelopment, Highway Layout Plan Report Version Dated 7
PROTOCOL PUBLIC SECTOR EQUALITY DUTY 1 The public sector equality duty drives the need for equality assessments (Initial and Full). An initial assessment should, be prepared from the outset based upon available knowledge and information. 2 If there is no adverse impact then that fact should be stated within the Report at section 4.4 and the initial assessment document appended to the Report duly signed and dated. A summary of the statutory duty is annexed to this Protocol and should be referred to in the standard section (4.4) of executive reports for decision and then attached in an appendix; the term adverse impact refers to any decision-making by the Council which can be judged as likely to be contrary in whole or in part to the equality duty. 3 A full assessment should be prepared where necessary and consultation should then take place. 4 Consultation should address any possible adverse impact upon service users, providers and those within the scope of the report; questions need to assist to identify adverse impact which might be contrary to the equality duty and engage all such persons in a dialogue which might identify ways in which any adverse impact might be avoided or, if avoidance is not possible, reduced. 5 Responses to the consultation should be analysed in order to identify: (a) whether there is adverse impact upon persons within the protected categories (b) what is the nature of this adverse impact (c) whether the adverse impact can be avoided and at what cost and if not (d) what mitigating actions can be taken and at what cost 6 The impact assessment carried out at the outset will need to be amended to have due regard to the matters in (4) above. 7 Where there is adverse impact the final Report should contain: a summary of the adverse impact and any possible mitigating actions (in section 4.4 or an appendix if necessary) the full equality impact assessment (as an appendix) the equality duty see page 9 (as an appendix).
Equality Act 2010 The Executive must have due regard to the public sector equality duty when considering Council reports for decision. The public sector equality duty is as follows: 1 The Council must, in the exercise of its functions, have due regard to the need to: (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Equality Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 2 Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to: (a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. 3 The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities. 4 Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to: (a) tackle prejudice, and (b) promote understanding. 5 The relevant protected characteristics are: (a) age (b) disability (c) gender reassignment 2
(d) (e) (f) (g) (h) pregnancy and maternity race religion or belief sex sexual orientation 3