Decision details

To agree that the Corporate Agreement between the Council and Crest Nicholson Regeneration Ltd in support of delivery of the Bath Western Riverside (BWR) Development can be signed

The Cabinet Member agrees and authorises that the council enter into a Corporate Agreement with Crest Nicholson Regeneration Ltd.

The Cabinet Member authorises the Chief Executive in consultation with the Cabinet Member for Economic Development, Cabinet Member for Resources, the Divisional Director (Finance) and the Divisional Director (Legal & Democratic Services) to settle the final form of the Corporate Agreement and authorise its execution, subject to his being satisfied that financial, technical and regulatory compliance issues have been resolved.

The Cabinet Member agrees that an additional £2m budget be allocated in the 2011/12 capital programme for infrastructure, funded by a Homes and Communities Agency grant.

As advised by the Local Planning Authority (LPA) planning permission for BWR West should be granted after the CA with Crest is signed. The planning permission is essential for the development to start on site and for resultant outputs for the Council to be delivered. Any delay in completing the CA would similarly delay the issuing of the Planning permission.

By moving to secure a planning permission through entry into the Section 106 and the CA the Council is in a position to crystallise the progress made to date on this major development project. It is also a demonstrable step highlighting Bath and North East Somerset Council’s commitment to the delivery of this strategic regeneration site which in itself will act as a catalyst by unlocking the potential of the City Centre and adjacent areas through infrastructure investment.

The Chief Executive, in consultation with Monitoring Officer and Divisional Director of Legal and Democratic Services, Divisional Director of Finance, Strategic Director of Resource and Support Services, Divisional Director of Property Services, and Strategic Director of Development and Major Projects have agreed that the urgency process for this decision should be implemented. The Strategic Director of Development and Major Projects has been authorised to request the Cabinet Member for Economic Development and Major Projects,  to make the decision in accordance with the Council’s urgency provisions contained in Rule 16 of the Access to Information rules in the Constitution.

Not signing the CA would put the Council in a position where it only had the influence on the future site development through the planning process with no prospect of financial recovery.

Completion of a “traditional” Development Agreement which would have incorporated wider reaching obligations on Crest with regard to starting on site and commencing development. Completion of such an Agreement is no longer possible due to European procurement legislation. The Council has therefore been advised by its legal advisers to not complete a Development Agreement.