Issue - meetings

a)    Notice invoking the Call-in;

b)    Minutes of the Cabinet meeting held on 30 May 2019;

c)    Report submitted to the Cabinet on 30 May 2019.

The Sub-Committee received the papers in respect of the call-in notice submitted by 11 Members of the Council in relation to a decision made by the Cabinet on 30 May 2019, setting out a process to procure a Strategic Development Partner to assist with the delivery of a number of the Council’s core strategic development sites within the Regeneration Programme.

The Chair advised the Sub-Committee on the suggested order of proceedings and reminded members of the timings allowed for submissions and questions.  The Chair then invited the representative of the signatories to present his reasons for the call-in.

The representative began by explaining that he was not calling in the decision to develop a Partnership; the call-in was more concerned with the shortcomings in the processes that had been followed to reach this decision as set out in the Call-in notice.  The representative went on refer to the specific reasons for the call-in and made a number of points with regard to each of the grounds as follows:

Inadequate consultation with stakeholders prior to the decision

Given that that the proposals were a significant departure from previous plans there was a reasonable expectation that further consultation would take place with residents or stakeholders.  The report however only refers to consultation carried out 5 years ago.  It was also disappointing that the Opposition had been denied an opportunity to discuss suggestions and concerns so that a cross party consensus to what would be a long term commitment could be secured.

The absence of adequate evidence on which to base a decision

The report includes three sites but specifically excludes the Greenhill Way site.  No explanation is provided for this exclusion and no financial assessment is given about the site.

The decision is contrary to the policy framework, or contrary to, or not wholly in accordance with the budget framework

The decision sets the Council on a path that may result in expenditure outside the current budget framework set by Full Council in February 2019.  Any changes to this framework would require the approval of Full Council.

Insufficient consideration of legal and financial advice.

The report does not address the financial implications of the three schemes.  Nor does it provide financial evidence to support the preferred site for the New Civic Centre.

The representative concluded his presentation by saying that he was disappointed that he had found it necessary to call-in the decision but felt that it was important for the Cabinet to get things right from the beginning given the implications for ratepayers for the next 20/30 years.

Responding to each of the grounds for the call-in the Portfolio Holder for Planning, Regeneration and Employment made the following points:

Inadequate consultation with stakeholders prior to the decision

Further consultation was not appropriate or necessary at this stage as the decision being sought was to agree a framework and commence a procurement exercise.  Further consultation would be carried out once the exercise had been completed and the delivery mechanism set up.  ...  view the full minutes text for item 6

Report of the Corporate Director, Community

Having considered the confidential appendices, it was

RESOLVED:  That

(1)          the Regeneration Programme Objectives, as set out in paragraph 3.2  of the officer report, be approved;

(2)          a Strategic Development Partnership, established through a partnership vehicle, be agreed as the preferred delivery approach for the development of Core Sites in the Regeneration Programme;

(3)          the commencement of the proposed procurement exercise to identify a Strategic Development Partner, as set out in paragraph 7.1 of the officer report, be approved;

(4)          the proposition to be put to the market, as part of the procurement exercise, and as set out in confidential Appendix 5 to the officer report be agreed; 

(5)          the Corporate Director, Community, following consultation with the Portfolio Holder for Planning, Regeneration and Employment and the Portfolio Holder for Finance and Resources, be authorised to:

a.            make any necessary amendments to the draft procurement documentation and agree the final versions for publication; and

b.            take all other necessary steps to conduct the procurement exercise, including shortlisting and deselection of bidders in accordance with the Public Contract Regulations 2015; and

(6)          the Corporate Director, Community, be authorised to procure support for external commercial and legal advice to support the procurement exercise, the costs of which must be contained within the agreed financial capacity stated at paragraph 9.1. to the officer report.

Reason for Decision:  In order to progress the delivery of the Council’s Regeneration Programme for Core Sites in its ownership which would contribute to Harrow’s regeneration ambitions.