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Decisions recommendations approved (subject to call-in)

13/10/2021 - Luxborough Street Development ref: 1499    Recommendations Approved (subject to call-in)

This paper recommends the approval of the full business case and the appointment of Wates to undertake the works.


Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 15/10/2021

Effective from: 21/10/2021


1.     Recommendations

1.1.That Appendix A of the report be exempt from disclosure as it involves the disclosure of information as prescribed by paragraph 3 of Part 1 of Schedule12a to the Local Government Act 1972, (as amended), in that they contain information relating to the financial or business affairs of any particular person (including the authority).

1.2. That the Cabinet Member approves the following:

1.2.1.     The preferred way forward as set out in the Full Business Case, namely;

o   A development of 14 affordable Homes for Intermediate Rent together with commercial space at the ground floor,together with Landscaping works to Luxborough Tower


o   The direct development of the site by the council


o   The appointment of Wates Construction Ltd (Wates) as Main Contractor to deliver the construction works

1.2.2.     To approve the balance of capital expenditure totalling £10.038m       required to deliver the project as set out in paragraph 9.4.

1.2.3.     The execution of the Building Contract between the Council and Wates as Main Contractor to deliver the construction works as referred to in the Legal Implications in Appendix A.

1.2.4.     To pay £311k into the Security for Expenses Escrow Account as required under the Party Wall Act, as referred to in Appendix A and that any draw down against this sum is allocated to central contingency


2.     Reasons for the Decision

2.1.         The Council is satisfied that the scheme will contribute towards meeting the City for All objectives, in particular Greener and Cleaner, Vibrant Communities and Civic Leadership and Responsibility.

2.2.         The Council’s City For All objectives set a commitment to deliver 1,850 Affordable homes by 2023.

2.3.         The proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the whole, or any part, of their area (section 226(1)(a) and (1A), TCPA 1990).

2.4.         The Full Business Case represents the final business case stage in the project and reconfirms that project remains the most suitable option for the Council to deliver

2.5.         The Full Business Case has shown that there is still a strong strategic, economic, commercial, financial and management case for the project to progress to the delivery phase.

2.6.         Wates have now completed the detailed design and a rigorous open book tendering exercise has been undertaken and overseen by the Council’s appointed Cost Consultant (Aurora Cost Consultancy). Aurora have confirmed that the Contract Sum for the main works represents reasonable value for money.

2.7.         Having previously recommended the approval of Wates for the pre-construction services agreement in October 2020 following an OJEU compliant tender process, the Commercial Gate Review Panel also recommended on 14 September 2021 the award of the main construction works contract to Wates, subject to Cabinet Member approval

2.8.         The main construction works are scheduled to commence in October 2021


Wards affected: Marylebone High Street;

12/10/2021 - Acquisition of 291 Harrow Road ref: 1496    Recommendations Approved (subject to call-in)

Cabinet Member report outlining the recommendation for the acquisition of the 291 Harrow Road Site currently owned by the NHS.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 12/10/2021

Effective from: 19/10/2021


1.     Recommendations


1.1. That Appendix 1 and 2 are exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A, Part 1, paragraph 3 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).


1.2.That the Cabinet Member for Finance and Smart City approves:


1.2.1.  the Council proceed with the acquisition of the parcels of land known as 291 Harrow Road, 1-2 Elmfield Way and the DHSC owned N3 site (“the Site”) for the value set out in Appendix 1.


1.2.2.  delegates approval to agree final commercial terms of the acquisition as set out in Appendix 2 to the Executive Director of Finance & Resources.


1.2.3.  a virement from the General Fund’s central contingency to fund the acquisition and feasibility costs falling in this financial year and notes that a separate budget request for future years will be submitted as part of the Council ’s annual budget setting process.


1.3. Subject to approval of recommendation 2.2 above and the legal completion of the acquisition of the Site by the Council, the Cabinet Member for Communities and Regeneration approves:


1.3.1.  That further options analysis is undertaken in relation to various proposals as set out in the OBC Part. 1 (Appendix 2) including further consultation and engagement as required.


1.3.2.  A feasibility budget of up to £1.5m to appoint a multi-disciplined project team, to undertake the work set out in 2.3.1. 



2.     Reasons for Decision 


2.1. The Council commissions Learning Disabilities care from Yarrow Housing and Westminster Society on the proposed site. The units are now nearing the end of their useful lifecycle and without intervention would become uninhabitable in the near future, after which the provision would likely move out of Borough.


2.2. Acquiring the Site potentially enables the Council to re-provide new, high quality learning disabilities homes alongside a mix of affordable and market sales homes, increasing the provision of affordable housing in the Borough.


Wards affected: Westbourne;

Lead officer: James Green