Purpose

Construction Contractor Procurement
Strategy

Decision

That Cabinet:

 

1.        
Notes that Appendix 1 is not for
publication on the basis that it contains information relating to
the financial or business affairs of any particular person
(including the authority holding that information) as set out in
paragraph 3 of Schedule 12A of the Local Government Act 1972 (as
amended).
 

2.        
Approves a total
Development capital budget, including contingencies, of
£25,218,839 of which £1,802,000 has already been
approved, to deliver the proposed new homes and to be funded
through a combination of HRA borrowing, Right to Buy receipts and
capital receipts from private sales as set out in exempt Appendix
1.
 

3.        
Authorises the Strategic
Head of Regeneration and Development to take decisions on
expenditure against this contingency budget subject to the
continued viability of the development.

 

4.            
Approves the Procurement
Strategy, as set out in Appendix 2, to procure a principal
construction contractor, using a JCT standard form of building
contract, on a design and build basis via the open Find a Tender Service (FTS) procurement
route.
 

5.        
Delegates authority to
the Strategic Director for the Economy, in consultation with the
Assistant Director of Legal Services to carry out the appropriate
procedural steps to identify all rights affected and consider
whether the area shown shaded yellow on the plan at Appendix 5 is
no longer required for the current purpose for which it is held as
specified in paragraphs 3 of the ‘Detailed Analysis’
section of this report.
 

6.        
Delegates authority to
the Strategic Director for the Economy, in consultation with the
Assistant Director of Legal Services to appropriate that part of
the Site shaded yellow for planning purposes pursuant to section
122 of the Local Government Act 1972 as it will facilitate the
carrying out of redevelopment of the Site pursuant to section
226(1)(a) of the Town and Country Planning Act
1990)on
being satisfied that  the specified area
is surplus and is no longer necessary for the current purpose for
which it is held .

 
7.        
Delegates authority to the Strategic
Director for the Economy, in consultation with the Assistant
Director of Legal Services to carry out the appropriate procedural
steps to identify all rights affected and consider whether the area
shown shaded pink and edged blue on the plan at Appendix 5 is no
longer required for the purposes for which it is currently held as
specified in paragraph 3 of the ‘Detailed Analysis’
section of this report.
 
8.        
Delegates authority to the Strategic
Director for the Economy, in consultation with the Assistant
Director of Legal Services to appropriate that part of the Site
shaded blue for planning purposes pursuant to section 122 of the
Local Government Act 1972 as it will facilitate  the carrying out of redevelopment in relation of
the Site pursuant to section 226(1)(a) of the Town and Country
Planning Act 1990) on being
satisfied that the part of the Site shaded blue is no longer
necessary for the current purpose for which it is held.
 

9.        
Delegates authority to
the Strategic Director for the Economy, in consultation with the
Assistant Director, Legal Services to take any necessary steps to
resolve matters arising from the grant of planning permission,
including the authority to enter into any associated legal
agreements arising from the delivery of the development and
enabling deeds and agreements with statutory utility providers,
housing associations  and third parties
including the surrender and re-grant of a lease on existing
sub-station, highways agreements, apply for the stopping up or
diversion of footpaths necessary to enable the Development to be
carried out pursuant to section 257 of the Town and Country
Planning Act 1990 and consider and decide any necessary
appropriation to expedite and secure the best use of the
land.
 

10.     
Delegates authority to the Strategic Director for
the Economy, inconsultation with the
Assistant Director of Legal Services, to carry out such steps as
are necessary to effect the appropriation and to  deal with the necessary arrangements to record the
appropriation of the Site for planning purposes pursuant to section
122 of the Local Government Act 1972 including the transfer of the
land shaded yellow on the plan attached at Appendix 5 from the
Housing Revenue Account (HRA) to the General Fund account (GF); to
negotiate and enter into agreements by deed and payment of
compensation for the release of third-party rights where this can
be achieved on reasonable terms within a reasonable
timescale;  and the subsequent use of
powers under Section 203 of the Housing and Planning Act 2016 in
order to authorise any interference with easements, covenants and
other rights in respect of the Site including authorisation to take
all necessary steps required in relation to any associated claims,
settlements relating to compensation under section 204 of the
Housing and Planning Act 2016 and other legal agreements so as to
enable the Development of the Site.
 

11.     
Delegates authority to the Strategic Director for
the Economy, inconsultation with the
Assistant Director of Legal Services to note the responses to
consultations undertaken by the Council in relation to the
Development to carry out such further consultation as is
appropriate and to take all such action as is appropriate to deal
with any notice served in relation to the Site to facilitate the
Development.