Decision details

OD/16/80 Ipswich Garden Suburb - Appointment of Pinsent Masons for S106 legal agreement completion

Decision Maker: Officer Decision

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

The Council is currently in the process of considering two planning applications which form part of the Ipswich Garden Suburb (IGS).

1.    Ref 16/00608/OUT (1,100 homes)

2.    Ref 14/00638/OUTFL (815 homes)

 

Application 16/00608/OUT has a resolution to approve, following the Planning & Development Committee on the 8th February 2017. This is subject to a Section 106 agreement being finalised prior to the permission being issued. Application 14/00638/OUTFL is expected to be presented to the Planning & Development Committee in Summer 2017, if the application is approved by the committee this too will require a S106 agreement to be completed.

 

The scale and complexity of delivering the IGS in a manner which is comprehensive and suitably supported by the necessary infrastructure has necessitated the production of an Infrastructure Delivery Plan (IDP) to guide and inform how each planning application within IGS will contribute to the infrastructure requirements.

 

The IDP was produced by a consortium of consultants appointed by IBC following a tendering process to a targeted group of consultants chosen from the Home’s and Communities Agency’s Multi-disciplinary Technical Panel. The Panel provides a broad range of services including design, project management, planning, architecture and ecology. The Panel goes through a fully OJEU compliant process and offers a quick and efficient means to procure high quality, good value development related technical services through a simple mini-competition process. Three tenders for the work were received. Following consideration of the written submissions and interviews, final scoring was undertaken based on the evaluation criteria contained in the original brief. As a result of the final scoring Mott MacDonald (supported by Gerald Eve and Pinsent Masons) were appointed and awarded the contract. The decision making process included officers from procurement, legal and planning teams within IBC.

 

Pinsent Masons have provided the legal advice on the IDP commission and were instrumental in producing the final IDP. The S106 agreements which will need to accompany the IGS planning permissions will need to be informed and negotiated on the basis of the IDP. Pinsents have quoted £25,000 to produce the Section 106 for the first application (16/00608/OUT) and £15,000 for the later one (14/00638/OUTFL). This represents good value for money and to that end it is proposed that Pinsent Masons are appointed to undertake this work.

 

The interim Legal Services Manager has confirmed that our in-house legal team do not currently have the capacity to do this work expeditiously and therefore using external consultants would be appropriate. Bearing in mind the prices quoted, the complexity of the Section 106s and Pinsent Masons involvement to date, the best course of action would be to appoint Pinsent Masons to undertake this work. It should also be noted that the costs of the work will be passed on, all or in part, to the developers.

 

In order to appoint Pinsent Masons for this work it is necessary to waive contract standing orders. This is permissible under Contract Standing Order 3 at the discretion of the Chief Executive on the grounds that it is “economically in the best interests of the Council”. The rationale being that anyone coming to this fresh would replicate work already done and would add to the cost and timescales.

Decision:

The decision is to appoint Pinsent Masons to undertake all the legal work on behalf of Ipswich Borough Council to draft and finalise (ready for signature) the Section 106 agreements for planning applications 16/00608/OUT and – if required - 14/00638/OUTFL to the value of £25,000 and £15,000 respectively and to authorise the Head of Development, in consultation with the Legal Services Manager, to agree terms with Pinsent Masons for this work.

Publication date: 07/04/2017

Date of decision: 16/03/2017

Accompanying Documents: