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(a) Decisions
RESOLVED:
1.1       
That the public and press be
excluded from the meeting by virtue of Paragraph 3 (Information
relating to the Financial or Business Affairs of the Authority) of
Part 1 of Schedule 12A of the Local Government Act 1792, in order
that the meeting may consider the Confidential Annexes (B, C, D,
and E) to the report.
1.2       
That Cabinet recommends to full
Council, that:
a)     
resource allocation and
spend approval within the Capital
Programme be increased to £76.8m as detailed in this report,
which includes the cohousing, (Block C); and
b)    
total borrowing within the
Capital Programme be approved for up to
£59.7m, (an additional
£25.9m).
1.3       
That subject to full Council
approval for increased borrowing and revisions to the Capital
Programme in 1.2 above:
a)  
In respect of Block
C:
i)         
approval be granted for the
Council to directly develop block C, the cohousing block for over
50s and for the Council to dispose of the units on long leasehold
to the Still Green members and to transfer the Head Lease of the
block to Still Green upon completion, at no loss to the Council;
and
ii)       
approval be granted to
terminate the Agreement for Lease with TOWN for block C and for the
Council to purchase the work in progress and design rights from
TOWN for block C for an amount of £528,144.64 which
represents actual and evidenced costs paid by TOWN to date, subject
to 1.3 b) v) and vi).
b)    
 Authority is delegated to the Director for
Environment and Property, in consultation with the Cabinet Member,
the Director of Finance and Resources, and the Director for Law and
Governance (subject to any further subsidy decisions being reserved
to the executive) to affect this
decision and to:
i)              
finalise,
and submit to the Local Planning Authority for approval, changes
(as set out in para to the regeneration design and S106
contributions via application under section 73 of the Town and
Country Planning Act 1990 (applications to vary existing planning
permission) and Deed of Variation respectively;
ii)            
award the main construction
works contract to John Graham Construction Ltd. including block C,
under the PAGABO Major Works Framework Lot 3 and to approve any
final details for execution;
iii)          
approve any further necessary
changes to the contract dated 6 April 2022 between the Council and
TOWN (for project management and development management
services);
iv)          
finalise arrangements for the appropriation of HRA land to the
General Fund;
v)            
agree the terms of the sales
for the cohousing over 50s with individual long leasehold
purchasers, subject to full cost recovery of delivery, at market
value;
vi)          
agree the final lease
arrangements for Still Green CIC;
vii)        
agree any
variations to the terms and lease with MKDP as set out in this
report, and to agree any other necessary
documents, subject to consideration and approval of the MKDP Board;
and
viii)      
engage any external advisors,
including legal and other professionals as necessary, (subject to
compliance with the Council’s Contract Procedure Rules and
financial governance arrangements), including services but not
limited to specialist cost advice, employer’s agent and clerk
of works (as set out in exempt annex C).
c) That
Cabinet approved an additional project subsidy of £515,665.00
to the subsidy approved in 2021 of £5,719,270 for further
development and project management services required to complete
the regeneration, as set out in exempt annex C, noting that this is
also subject to 1.3 b) v) and vi) above.
d) That
subject to MKDP Board approval on 24 February 2026, Cabinet agreed
that MKDP add the management of the project to its business plan,
which is a Reserved Matter under clause 5.2.10 of the Members
Agreement, noting that the project will be reflected in the next
MKDP Business Plan (scheduled for March 2027).
(b) Reasons for decisions
Recommendations adopted for the reasons given in the
report.
(c) Alternative options considered
See report
for any alternative options considered.