Agenda and draft minutes

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The Cabinet Member for Placemaking and Local Economy referred to the notice of filming at meetings and this information was noted.

To receive any apologies for absence.

There were no apologies for absence.

There were no items of urgent business.

There were no declarations of interest.

This report sought approval by the Cabinet Member for Placemaking and the Local Economy for a contract variation under Contract Standing Order (CSO) 10.02.1 (B), to increase the contract value. CSO 10.02.1 (B) states that subject to provisions of CSO 3.01 and the Regulation 72 of Public Contracts, compliance with Financial Regulations and subject to satisfactory outcomes of contract monitoring, Cabinet may authorise a variation to a contract.

As noted, in 2017 the Council entered into a DA and CPOIA with Lendlease to deliver the Scheme. The DA sets out the agreed commitment to deliver the regeneration of the Love Lane Estate and surrounding land to deliver the following:

 Over 2,600 high-quality, sustainable homes, including at least 546 council owned social rent homes.

 Over 130,000sqft of commercial, retail and leisure space throughout the Scheme

 Funding for social and economic support for businesses and residents

 A new Library and Learning Centre and a refurbished Grange Community Hub

 Public Realm investment including a civic square, c.143,000sqft of green space, a large new community park with an outdoor gym, children’s play area and new gardens.

The CPOIA sets out both the Council and Lendlease’s obligations to acquire and

secure vacant possession of the land within the Scheme, including considering

the use of CPO powers.

RESOLVED

The Cabinet Member for Placemaking and the Local Economy was recommended to approve the variation of the contract with Pinsent Masons LLP, to increase the value of the contract by the amount set out in the exempt report, pursuant to CSO 10.02.1 (B), for the reasons set out in the body of this report.

Reasons for decision

The Council required the support of a strong and highly regarded legal practice

for the Scheme, to provide legal advice and support across a range of legal

issues, including land assembly, CPO and management of funding agreements

and the DA in place between the Council and Lendlease.

In March 2022, following a competitive procurement exercise, the Council awarded a contract to Pinsent Masons as the Most Economically Advantageous Tender for the legal advisor contract to support the Scheme and was appointed on a four-year contract. Since being appointed, Pinsent Masons has provided valuable support to the Council in key workstreams across the range of legal issues mentioned above and delivered on their brief to a high standard.

Although there were two years remaining on the contract, the contract spend was

projected to reach the current limit within the next six months. This was a result of

the Council requiring a significantly greater level of legal service provision over

the course of the contract to date, particularly in relation to the land assembly and

CPO workstreams. In this period, the Council had made a CPO to enable delivery

of Phase A, which was confirmed on behalf of the Secretary of State for Levelling

Up, Housing and Communities in February 2024. In addition, the Council and

Lendlease have been working towards satisfying the phase conditions within the

DA for the first  ...  view the full minutes text for item 5.

Item 4 is likely to be subject to a motion to exclude the press and public be from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

To exclude the press and public be from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

The Cabinet Member for Placemaking and the Local Economy considered the exempt information.