Decision details

Procurement of consultants to support the development of the draft Local Plan.

The Portfolio Holder for Planning Policy presented a report on the procurement of Consultants to support the draft Local Plan.

The Portfolio Holder reminded the Cabinet that earlier in the meeting it had considered an updated Local Development Scheme which reflected the intention to go out to consultation on a Regulation 18 Draft Plan Preferred Approach for a six week period from the 31 October 2016.  This was designed to coincide with similar Local Plan consultations being undertaken by the three other authorities in the Council’s Strategic Market Housing Area. The Government had made clear their expectation that all local planning authorities should have a post National Planning Policy Framework Local Plan in place by Spring 2017, and had set out their intention to intervene in order to ensure compliance, including sanctions in relation to loss of New Homes Bonus. 

The Portfolio Holder stated that the preparation of the Local Plan for Epping Forest was an ongoing and complex process, requiring the procurement of external expert support to help develop the significant amount of technical evidence required. Therefore, authority was being sought to regularise the appointment of Ove Arup & Partners Limited, who were central to the timely delivery of the plan.  Their work had been timely and of high quality and it was clearly in the Council’s interests to ensure the timetabled commitments were met. However there were risks of a legal and procedural nature which Members should be aware of. To that end, specialist legal procurement advice has been obtained in order to mitigate any challenge, and it was recommended that the appointment of Ove Arup & Partners Limited be approved with the publication of an appropriate Contract Award Notice in the Official Journal of the European Union.

The Cabinet supported the recommended action as it was recognised that the Council needed a strong evidence base for development in its Local Plan.

Decision:

(1)        That the letting of the entire Contract for the provision of technical support for the Local Plan in the sum of £366,272 to Ove Arup & Partners Limited be confirmed, and the publication of an appropriate Contract Award Notice in the Official Journal of the European Union be approved; and

(2)        That the Chairman of Council be requested to waive the call-in for this decision on the grounds that an urgent decision was in the best interests of the Council.

Reasons for Decision:

The adoption of a new Local Plan was a high corporate priority for the Council, and  considerable time and resource had been invested in developing the Plan to this stage. A decision was required to confirm the contractual position between the parties and agree mitigating action in order to achieve the revised Local Development Scheme timetable and meet the expectations of the Government, as any delay would have significant negative consequences.

Other Options Considered and Rejected:

The following options were considered and rejected on legal advice:

(i)         enter into a new contract/variation with Ove Arup & Partners Limited but do not publicise it;

(ii)        publish a Voluntary Ex-Ante Transparency notice (VEAT) and wait 10 days before entering into a new contract/variation with Ove Arup & Partners Limited; or

(iii)       run a competitive procurement process for the additional work.