North Westgate Development - KEY/30MAR20/04
The Cabinet Member, in consultation with the Leader of the Council:
1. Authorised the Council to enter into a land assembly collaboration agreement with Hawksworth Securities plc to enable the development of the first phase of North Westgate to proceed within the scope of the outline planning permission 18/01374/OUT approved by the Planning and Environmental Protection Committee on 27th November 2018.
2. Authorised the Council to procure the services of a Land Referencing Agent and Valuation Surveyor (not expected to exceed £60k) for the purpose of clarifying land ownership title and constraints across the proposed development site and completing accurate valuation of all remaining third party owned land and property to inform and update the Council’s budget for assembling the third party land and cleansing title to enable development to proceed.
3. Authorised the procurement by the Council of necessary expert legal advice and other expertise to support the Council at a CPO Inquiry (not expected to exceed £100k), should it prove necessary for the Council as Planning Authority to make a CPO (Compulsory Purchase Order) resolution.
4. Authorised financial arrangements proposed in this report and set out in the summary Heads of Terms shown in the commercially protected information at Appendix 2 whereby the Council can be required by Hawksworth Securities plc to purchase third party properties, on terms and at a price negotiated by Hawksworth Securities plc, but approved by the Council (such approval not to be unreasonably withheld or delayed). In relation to any such land so acquired, and in relation to the Council’s existing land on site, the Council could recover all its costs and transfer properties at Market Value to the scheme promoter Hawksworth Securities plc if the necessary conditions for the scheme to progress to construction procurement have been met;
5. Agreed that, in the event of failure of a CPO to be confirmed by the Secretary of State (and for the avoidance of doubt, the Cabinet or Cabinet Member would first need to approve the making of a CPO at a future date and following a further report), the costs incurred in the making and pursuit of the CPO and related CPO Inquiry costs would be shared on a 50:50 basis by the Council and the scheme promoter Hawksworth Securities plc.
6. Agreed that in the event that the scheme promoter is unable to progress the scheme through failure of a CPO, or for other reasons, (a) that the Council having by then expended up to an estimated £9m to secure land assets (as set out at item 2 above) may, depending on market demand and fluctuations, not be able to recover the entirety of such expenditure, and (b) that the Council should retain an option that will allow it to acquire the land assets at North Westgate then owned by Hawksworth Securities plc at market value and progress the scheme either itself or with and through another developer.
7. Delegated the authority to agree the finalisation of the necessary legal contract documentation to give effect to the Heads of Agreement at Appendix 2 to the Executive Director of Place and Economy and the Director of Law and Governance for PCC and CCC.
Decision type: Key
Reason Key: Expenditure or savings greater than £500,000;
Decision status: Recommendations Approved
Wards affected: Central;
Notice of proposed decision first published: 28/02/2020
Anticipated restriction: Part exempt - View reasons
Explanation of anticipated restriction:
The decision will include an exempt annexe. By virtue of paragraph 3, information relating to the financial or business affairs of any particular person (including the authority holding that information).
Decision due: Not before 8th Apr 2020 by Cabinet Member for Strategic Planning and Commercial Strategy and Investments
Lead director: Acting Corporate Director Resources
Contact: Dave Anderson, Interim Development Director Tel: 07810 839 657; Email: firstname.lastname@example.org.
Relevant internal and external stakeholders.
Relevant Scrutiny Committee: Growth, Environment and Resources Scrutiny Committee
- 08/04/2020 - Proposed Development of North Westgate: Collaboration Agreement with Hawksworth Securities PLC - APR20/CMDN/99