Agenda item

Better Queensway Regeneration Project

Report of the Deputy Chief Executive (Place) to follow

Minutes:

The Cabinet considered a report of the Deputy Chief Executive (Place) concerning the outcome of the procurement process and requesting agreement to the appointment of a 50/50 joint venture (JV) partner to work with the Council to deliver the Better Queensway regeneration project in accordance with the agreed objectives for the project.

 

On consideration of the report, the Cabinet Members expressed their appreciation to the officers of the Better Queensway Project Team in recognition of their sterling work in connection with the project.

 

Resolved:

 

1. That Swan Housing Association (Swan) be appointed as the preferred bidder, and subsequently the joint venture partner following the conclusion of the competitive dialogue process undertaken in compliance with the Public Contracts Regulations 2015.

 

2. That a limited liability partnership (LLP) be established with Swan through a Swan subsidiary company.

 

3. That the Chief Executive, in consultation with the Leader, be authorised to:

 

(a) Negotiate the final details of, and then enter into, the following agreements:

 

·         LLP partnership agreement;

·         Land agreement;

·         Compulsory Purchase Order (CPO) Indemnity Agreement;

·         Development and purchase agreement;

·         Such further agreements that the Council are party to which are required to enable the delivery of the Project;

·         Any ancillary agreements or documents necessary to give effect to the constitution, implementation and functioning of the LLP in accordance with the submitted report and appendices.

 

(b) Establish and implement a process for the on-going selection and appointment of appropriate individuals to the board of the LLP.

 

4. That the Chief Executive and S151 Officer, in consultation with the Leader, be authorised to identify, declare surplus and dispose of assets to the LLP (subject to the Council’s obligations under S123 of the Local Government Act 1972 or any such other statute that is appropriate for any such disposal) and acquire assets within the Project boundary for the purpose of facilitating the delivery of the Project.

 

Recommended:

 

5. That an investment of £1.5M equity and £13.5M junior debt be made by the Council to match the level of investment by Swan, and that the capital investment programme for 2019/20 to 2023/24 be adjusted to reflect this.

 

6. That the terms of reference of the Council’s Shareholder Board be amended to include this joint venture.

 

Reasons for decision:

 

The Council has undertaken a procurement process which is fully compliant with the Public Contracts Regulations 2015.  Swan’s submission has been evaluated and demonstrates that Swan is not only able to meet the Council’s agreed red line requirements, but also that they have developed an example scheme that delivers significant value against a challenging set of evaluation criteria.

 

Other options:

 

To withdraw from the procurement and abandon the process of appointing the JV partner.  This is not recommended due to the significant potential risks associated with this course of action, which are identified in paragraph 3.27 of the submitted report. 

 

The result of such a decision would be a termination of the regeneration of the Queensway site and the benefits of the Project would not be delivered.  Existing residents would continue with the status quo until an alternative could be identified and the costs of it met.

 

Note: This is an Executive Function save that Recommendations 5 and 6 above are Council Functions.

Referred direct to: Special Place Scrutiny Committee

Cabinet Member: Cllr Courtenay

 

Supporting documents:

 

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