Decisions

This decision relates the contractual agreements for the provision of electrical infrastructure works by utility providers at Bath Quays North (BQN). Approval is sought to novate the “Council/Western Power Distribution (WPD), Point of Connection agreement (PoC)” to “PowerOn Connections Ltd (PowerOn)”.

Novation has been recommended by the Councils development partner (L&G). The novation will allow PowerOn to have sole responsibility for the management and co-ordination of the electrical installation direct with WPD. The novation will also place control of electrical supply with PowerOn.

PowerOn has been appointed by the Council for the main electrical infrastructure works. The appointment arises through the BQN Early Works agreement and is managed by L&G and their development manager.

Background:
The Council has appointed L&G as its development partner for the Bath Quays North (BQN) regeneration development. To secure the electrical capacity for BQN, a point of connection (PoC) was procured with WPD. During the course of 2021 and 2022, PowerOn have been engaged by L&G to execute off site preparatory works, the installation of a temporary substation and diversionary works co-ordination. It is recommended that the WPD PoC agreement is now novated to PowerOn to allow direct management control of WPD by PowerOn.

Novation Contractual Matters.
Novation of the WPD PoC agreement to PowerOn will take place using WPD standard terms of contract. The novation agreement has been signed by PowerOn and requires the signatures of the Council and WPD.

Additional assurances have been agreed between the Council and PowerOn and recorded in a side letter agreement. The side letter agreement is to be executed simultaneously with the Council/WPD/PowerOn novation.

Decision:

Novate the WPD PoC agreement to PowerOn Connections Ltd under the WPD standard novation agreement terms.

Enter into a further side letter agreement between the Council and PowerOn Connections Ltd.

To fund the completion of committed highways works to York Street to replace waterproofing above the vault and reconstruct the road to complete the repairs and reduce risk of any premature failure of the vault in the future. At the same time to improve the public realm in York Street between Kingston Parade and Stall street and the northern section of Swallow Street which included resurfacing in in high-quality natural stone.

To fully approve capital amounting to £175k from capital contingency.

The Local Plan Partial Update (LPPU) has been prepared in order to ensure that, upon its adoption, the Council's planning policy framework better addresses the climate and ecological emergencies and that the Core Strategy housing requirement can be met in a plan-led manner. As such it needs to be adopted as swiftly as possible.
The LPPU is currently being examined by a Planning Inspector. The Inspector requires that some changes (known as Main Modifications) are needed to the LPPU for soundness. These Main Modifications need to be subject to public consultation for a period of six weeks prior to the Inspector issuing his final Report and the LPPU progressing towards adoption.
The main modifications need to be agreed for public consultation as a matter of urgency. Given the time critical and urgent nature of the decision it has been delegated to Sophie Broadfield, Director of Sustainable Communities, in consultation with Group Leaders and the Chair of the Council under rule 3.4.3

To agree the Schedule of Main Modifications to the LPPU for consultation for a period of 6 weeks.
To agree the Schedule of Additional Modifications to the LPPU for publication (not consultation).