Part 1
ITEM NO.
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REPORT OF STRATEGIC DIRECTOR FOR SUSTAINABLE REGENERATION
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TO THE LEAD MEMBER FOR PLANNING ON 2 MARCH 2010
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TITLE: GREENGATE PUBLIC REALM PROJECT PHASE 1A AND 1B –
HIGHWAYS ACT 1980, SECTION 106 (3) BRIDGING ORDER AND SECTION 8
WORKS AGREEMENT
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RECOMMENDATIONS:
That the Lead Member for Planning:
1. Give approval to the making of a Bridging Order under section 106 (3) of the
Highways Act 1980 to assist the delivery of the new Greengate footbridge,
which forms part of the Phase 1A, Greengate public realm works;
2. Give approval to the city council entering into a Works Agreement with
Manchester City Council under Section 8 of the Highways Act 1980 to also
assist the delivery of the footbridge; and
3. Instruct the City Solicitor to prepare the appropriate legal documentation.
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EXECUTIVE SUMMARY:

The purpose of the report is to seek Lead Member for Planning approval to the
making of a Bridging Order under section 106(3) of the Highways Act 1980 and to
the city council entering into a Works Agreement with Manchester City Council
under Section 8 Highways Act 1980, in order to secure the delivery of the new
Greengate footbridge.

Under Section 106,(3) of the Highways Act 1980 a Local Authority is required to
make a Bridging Order in respect of the construction of a bridge over specified
navigable waters as part of a highway or proposed highway which is or is to be a
highway maintainable at public expense by a highway authority.

Under Section 8 of the Highways Act 1980 a Local Authority is permitted to enter
into an Agreement with the adjoining Local Authority in respect of the
construction, reconstruction, alteration, maintenance or improvement of a
highway for which any party to the Agreement are the highway authority.

Phase 1A of the Greengate public realm scheme comprises the Urban Cove,
which includes the new pedestrian footbridge linking Salford with Manchester.
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Phase 1B is the link between Chapel Street and the area of Greengate to the
north of the railway viaduct.
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BACKGROUND DOCUMENTS:
Highways Act 1980, Section 8 and Section 106
Manchester City Council:
Planning Application - 089669/FO/2009
Conservation Area Consent - 089541/CC/2009
Salford City Council:
Planning Application - 09/57595/FUL
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KEY DECISION:
YES
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DETAILS:
1.
Background
1.1
Greengate is a priority project for Salford City Council and Central Salford
Urban Regeneration Company and is a joint project with the Homes and
Communities Agency, Northwest Regional Development Agency and private
sector partner ASK Developments.
1.2
The Exchange Greengate Planning Guidance, adopted 18th January 2007 sets
down the principles to establish Greengate as a dynamic new part of the city
centre. The transformation of this area will deliver a distinctive and diverse
mixed-use quarter, which will combine high quality commercial development
and residential properties with leisure uses, dramatic public spaces and new
waterside environments.
1.3
The high quality public realm is seen as an important component of a
redeveloped Exchange Greengate and a catalyst to the development potential
set out in the Planning Guidance. This development potential could see up to
£490M of private sector investment in the area over the next 10-15 years and
the establishment of a new commercial quarter at the heart of the Regional
Centre.
1.4
On 18th December 2007, Central Salford Urban Regeneration Company
secured an increased investment decision from the then English Partnerships
to bring together a funding package of £5.4M. On 12 th January 2010, Central
Salford Urban Regeneration Company secured investment of £4.79M from the
Northwest Regional Development Agency to give a total funding package of
£10.19M to deliver Phase 1A and 1B of the Greengate public realm scheme. Of
this total £10.19M funding package, £8.82M of the funding requires the
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Bridging Order and Works Agreement with Manchester City Council to be in
place.
1.5
At the same time the Urban Regeneration Company has been working with
ASK Developments and Network Rail to bring forward the delivery of the
ASK/Network Rail scheme to ensure that this commences on site on or before
the start of the Phase 1A of the public realm works, in accordance with the
milestone schedule set out in the ASK Developments/Salford City Council
Collaboration Agreement.
1.6
On 23rd July 2009, Central Salford Urban Regeneration Company secured a
revised planning consent (09/57595/FUL) from Salford City Council and on
9th November 2009 secured a revised planning consent and Conservation
Area Consent from Manchester City Council.
2.
Greengate – Phase 1A, Urban Cove and Footbridge
2.1
In August 2008, landscape architects, Whitelaw and Turkington were
appointed by Salford City Council to lead a Design Team to work up the
detailed design of the Phase 1A and Phase 1B of the Greengate public realm
scheme. The Design Team included Arups to provide structural engineering
services, lighting engineering services, civil engineering services and
mechanical and electrical engineering services.
2.2
At the outset of the commission the Design Team were asked to review the
Greengate public realm scheme (06/53597/FUL) that was granted planning
consent on 21st June 2007 by Salford City Council and granted planning
consent (080817/FO/2006 and 080818/CC/2006) by Manchester City Council
on 7th September 2007. This review resulted in a number of design changes to
the public realm scheme and a comprehensive review of the footbridge design.
The outcome of the review was that Central Salford Urban Regeneration
Company had to secure a new planning consent.
2.3
In working up the revised scheme, a number of changes were made to the
design and gradient of the footbridge. The revised scheme still assumed the
footbridge landing on the same site on the Manchester side and on a podium
on the Salford side. A revised planning application was submitted to Salford
City Council and a revised planning application and Conservation Area
Consent submitted to Manchester City Council.
2.4
Central Salford Urban Regeneration Company secured a revised planning
consent (09/57595/FUL) from Salford City Council on 16th July 2009 and a
revised planning consent (089669/FO/2009) and Conservation Area Consent
(089541/CC/2009) from Manchester City Council on 9th November 2009
(Annex A).
2.5
Arups have now worked up the detailed footbridge design in conjunction with a
steel fabricator, Fairfield Mabey and the ‘Approval in Principle’ was submitted
to Urban Vision for assessment. This ‘Approval in Principle’ was signed off
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following consultation with Manchester City Council’s bridge engineers on
30th September 2009.
2.6
The delivery of the new footbridge will involve Salford City Council’s contractor,
Carillion, having to dismantle those parts of the historic Manchester Cathedral
Vaults, between the start of Cathedral Approach and Victoria Bridge St (Annex
B). Once the Vaults have been carefully dismantled, piles will be constructed to
take the new footbridge.
2.7
When the new footbridge is in place, the historical Vaults arches will be rebuilt
and a concrete slab constructed across the top of the Vaults. This concrete
slab will then form the sub base to the new public realm on the Manchester
side of the Greengate public realm works. The detail design of these public
realm works is been worked up with Manchester City Council’s, highway
engineers and will have to be signed off as a planning condition under the
revised Manchester planning application (089669/FO/2009).
2.8
Under Section 8 of the Highways Act 1980, Salford City Council are permitted
to enter into an Agreement with Manchester City Council in relation to the
construction, reconstruction, alteration maintenance (including future
maintenance) or improvement works required in delivering the Greengate
public realm works.
3.
Highways Act 1980, Section 106 - Bridging Order
3.1
The delivery of the new Greengate footbridge across the River Irwell, will
constitute the crossing of a navigable river. Although the river is no longer
navigable at this point, historically the river was navigable from a point in front
of Manchester Cathedral.
3.2
The Bridging Order will set out the principles of the bridge design, the bridge
span, head height from the navigable river and the construction methodology.
In addition, the Order will also set out Salford’s future management and
maintenance responsibilities for the new footbridge. The future management
and maintenance for the footbridge will be undertaken by the Greengate
Management Company, for which separate contractual documentation will be
required. The Order must be formally confirmed by a Minister.
4.
Conclusion
4.1
Central Salford Urban Regeneration Company has now secured the complete
funding package of £10.19M to deliver Phase 1A and Phase 1B of the
Greengate public realm scheme.
4.2
Approval has also been secured for all the revised planning consents and
Conservation Area Consents needed to deliver Phase 1A and 1B, and the
Design Team is at present in the process of discharging all the pre-start on site
planning conditions.
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4.3
The Urban Regeneration Company in project managing the delivery of the
Greengate public realm works is required to make sure that all legal
agreements are in place prior to commencement on site of the Phase 1A
works. Given that a significant amount of the Phase 1A works are to be
undertaken on land owned by Manchester Highway Authority, Salford City
Council are required to enter into an Agreement with Manchester City Council
in respect of the public realm works carried out on the Manchester side of the
River Irwell. In addition, given that the new footbridge will be crossing a
navigable river, Salford City Council are also required to make a Bridging
Order under Section 106(3) of the Highways Act 1980..
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Recommendation
5.1 The Lead Member for Planning is asked to:
1. Give approval to the making of a Bridging Order under section 106 (3) of
the Highways Act 1980 to assist the delivery of the new Greengate
footbridge, which forms part of the Phase 1A, Greengate public realm
works;
2. Give approval to the city council entering into a Works Agreement with
Manchester City Council under Section 8 of the Highways Act 1980 to also
assist the delivery of the footbridge; and
3. Instruct the City Solicitor to prepare the appropriate legal documentation.
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KEY COUNCIL POLICIES:

Policy MX1 – Development in Mixed-use Areas, Salford City Council, Unitary
Development Plan 2004-2016;
 Policy DES3 – Design of Public Space, Salford City Council, Unitary
Development Plan 2004-2016;
 Policy EG 1 - City of Salford Exchange Greengate Planning Guidance (January
2007); and
 Policy EG 17 - City of Salford Exchange Greengate Planning Guidance (January
2007).
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EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS:
The detailed Greengate public realm scheme and footbridge have been designed in
accordance with the design specifications set out in the Disability Discrimination Act.
The footbridge has been designed with a gradient of 1 in 20.5.
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ASSESSMENT OF RISK:
Medium – Failure to enter into the Section 8 Agreement and to have a confirmed
Bridging Order prior to the programmed commencement of the Phase 1A public
realm works and footbridge in June/July 2010 will result in delays in commencing on
site.
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SOURCE OF FUNDING:
The Phase 1A public works and footbridge are to be funded from the Homes and
Communities Agency £5.4M funding set out in the Funding Agreement entered into
on 9th February 2009.
The remainder of the funding for Phase 1A will come from £3.42M of Northwest
Regional Development Agency’s Single Programme funding and the subject of a
Funding Agreement presently being negotiated.
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LEGAL IMPLICATIONS: Supplied by Ian Sheard, 0161 793 3084
The Bridging Order will have to be the subject of a consultation procedure as set out
in the Highways Act 1980. If there are no objections to the Order, it will require
ministerial confirmation. Detailed heads of terms will be required in relation to the
section 8 Agreement.
Further legal documentation may be needed in relation to any consents required
from any relevant landowners. In addition there will be the need for contractual
documentation in relation to the bridge construction, and for the future maintenance
of the bridge by Greengate Management Company
The Council will need to enter a Grant Funding Agreement with NWDA
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FINANCIAL IMPLICATIONS: Supplied by Alison Swinnerton, 0161 686 7423
Greengate Public Realm Project Phase 1A and 1B forms part of the Central Salford
Urban Regeneration Company’s approved Business and Investment Plan Capital
Programme.
The NWDA have committed to give Salford City Council a total grant of £4.79M to
complete phases 1A and 1B. Of this total grant, £3.42M contributes to the delivery of
Phase 1A, the subject of the Bridging Order and Works Agreement with Manchester
City Council. The expenditure will be spread across several financial years but will
be finished by 31st December 2013 - subject to the signing of the Grant Funding
Agreement.
The Homes and Communities Agency have agreed a grant of £5.4M for Greengate
which has been in force since February 2009. There are no further financial
implications for Salford City Council at this stage as approval is sought to enter into
agreements with Manchester City Council.
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OTHER DIRECTORATES CONSULTED:
The subject matter set out in this Lead Member report means that there is no
requirement to consult with other Directorates.
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CONTACT OFFICER: Nik Puttnam
TEL. NO: 0161 686 7421
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WARD(S) TO WHICH REPORT RELATE(S): Ordsall
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Greenate Annex
A.pdf
Greengate Annex
B.pdf
Greengate Press
Release 020310.doc
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