Archived decisions

Contact: Les Herbert, tel 023 9284 1770

1. Summary

1.1 This report informs the Panel of the background to the preparation of a Code of Construction Practice (the Code) for the scheme and its context, sets out generally the matters included within the Code. It describes the steps that are being taken to investigate strengthening the Code and seeks the Panel's approval to continue consultation with Fareham Borough Council and Gosport Borough Council with a view to making the Code available to bidders in May/June 2002.

2. Background

2.1 The Code was developed by the Promoters in consultation with the Borough Councils of Fareham and Gosport as part of the development of the project. It was included in the application for powers under the Transport and Works Act (TWA) submitted on 6 March 1998.

2.2 The Code sets out requirements for the Concessionaire and its contractors during construction of the scheme. In essence it is the `rule book'. It defines working methods, hours of working, measures to be taken to protect the public and the environment and related matters. In addition, it places duties on the Concessionaire relating to the selection and supervision of contractors. A copy is attached as an appendix.

2.3 In the lead up to, and during, the Public Inquiry in February/March 1999 a number of amendments were made to the document following representations made by objectors and other interested parties, including Fareham Borough Council and Gosport Borough Council.

2.4 Members may also be aware that the Promoters entered into legal agreements with both Fareham Borough Council and Gosport Borough Council at this time. Each agreement contains a number of clauses which further enhance the protective provisions contained in the Code, particularly in relation to minimising the impact of construction on residents in specific localities and to protect amenity.

2.5 As with the Urban Design and Landscape guidelines, the Panel will appreciate that the document forms only part of a raft of provisions contained in approvals which protect many and varied interests. The South Hampshire Rapid Transit (SHRT) Order itself contains, inter alia, protective provisions relating to the harbour works and works affecting railway interests. The deemed planning consent is conditional upon various investigative works relating to protection of groundwaters, disposal of any contaminants, other measures to protect residential amenity and so on. Advance works and accommodation works are required by conditions attached to the planning consent. These works are time constrained and generally are designed to protect amenity and the interests of adjoining residential and business premises.

2.6 In excess of 20 legal agreements have been completed with third parties to protect both their interests and those of the Promoters. The Concessionaire will be required to deliver the scheme within the restrictions and obligations set out in all the above.

3. The Way Forward

3.1 Following the granting of TWA powers, the project team considered it prudent to revisit the Code in consultation with the three local authorities to examine whether there were opportunities to strengthen its provisions.

3.2 It is anticipated that these discussions will continue throughout spring 2002 and a revised Code will be produced to be available for the consortia selected to bid for the SHRT concession.

Recommendation

That the Panel notes the background to the development of a Code of Construction Practice for the scheme, endorses the actions taken thus far to investigate whether the Code can be strengthened and authorises the Project Procurement Board to approve a revised Code for inclusion within the contract documents, in consultation with Fareham Borough Council and Gosport Borough Council officers.

6960/LH