Agenda and decisions

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To receive any apologies for absence.

The Chair will consider the admission of any late items of Urgent Business. (Late items of Urgent Business will be considered under the agenda item where they appear).

DECLARATIONS OF INTEREST FOR THIS ITEM:

There were none.

RESOLVED

It was recommended that the Cabinet Member for Placemaking and Local Economy:

Approved the commencement of a mixed procurement strategy (i.e. works, supply and services) and direct negotiations with the district heat network, Lee Valley Heat Network Operating Company Limited (company number: 09763702) concerning the connection, supply and potential management/ maintenance agreements for 40 years for the Selby Urban Village scheme. The potential agreements are as set down in Section 5.14 and 5.15.

Reasons for decision

Cabinet approved the overall design concept and sustainability aims behind the Selby Urban Village Project on the 19 September 2023 Cabinet Report: ‘Contract award to KCA for design and architectural services for the Selby Urban Village masterplan’. Section 8, ‘Carbon and Climate Change’ of that report sets out that the energy strategy of the detailed Planning Applications would be developed in line with the energy policies of the London Plan, LBH and LBE, to achieve a zero-carbon target, and in accordance with the London Plan’s energy hierarchy. These policies and the project’s planning approvals require connecting to a District Energy Network.

In the subsequent Cabinet Member Signing Report ‘Gateway 0 Report - Phase 2, Selby Urban Village, N17 – Bruce Castle Ward’ on 19 June 2024, para 8.12 notes “A communal heating system is the preferred solution, with connection to the local District Energy Network. Further work would be undertaken to establish if this was the best option for the Council and its residents”. Work undertaken since that decision, confirmed that due to the nature of the scheme and policy requirements, the best option remained to connect to the Energetik network operating in LB Enfield. Further detail on this could be seen in para 5.1 and Section 6.

Given the strong rationale to approach Energetik, officers had investigated the Procurement, Legal and Other issues and recommended a way forward based upon the overall context.

The proposed Procurement Strategy was set out in this paper and required Cabinet Member approval based on CSO 2.01(b).

The proposal was for a mixed procurement covering the connection and supply arrangements for both the housing and non-residential elements of the development. A mixed procurement means the procurement is for works/ services/ goods. It was also a mixed procurement made up of public contracts and utility contracts (the housing elements are utility contracts by virtue of the Procurement Act 2023 Schedule 4, Para 1a). Further detail on the mixed procurement approach and rationale is set out in the exempt report.

The nature of the mixed procurement means this procurement was exempt from procurement regulations requiring competitive processes. The rule for mixed procurement (where it is not realistic to separate it out) is to apply the rules from the largest element of the procurement to the entire contract. The largest element of this mixed procurement was the utility services element. In reviewing the utility services parts of the contract and considering the exemptions in Schedule 2 of the Procurement Act  ...  view the full decision text for item 6.

Item 8 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, namely information relating to the financial or business affairs of any particular person (including the authority holding that information).