Agenda and minutes

Council Housebuilding Cabinet Committee
Thursday, 22nd September, 2016 5.30 pm

Venue: Committee Room 2, Civic Offices, High Street, Epping. View directions

Contact: Jackie Leither Tel: 01992 564756  Email:

No. Item


Substitute Members

(Director of Governance) To report the appointment of any substitute members for the meeting.


The Cabinet Committee noted that Councillor H Kane substituted for Councillor W Breare-Hall.


Declarations of Interest

(Director of Governance) To declare interests in any item on the agenda.


Pursuant to the Council’s Code of Member Conduct, Councillors H Kane and S Stavrou declared a personal interest in Agenda Item 7, by virtue of being Waltham Abbey Ward Councillors. The Councillors had determined that their interest was non-pecuniary and would remain in the meeting for the consideration of the item.


Minutes pdf icon PDF 98 KB

(Director of Governance) To confirm the minutes of the last meeting of the Committee held on  24 March 2016.




That the minutes of the meeting held on 24 March 2016 be taken as read and signed by the Chairman as a correct record.


Any Other Business

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council Procedure Rules contained in the Constitution require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.


The Cabinet Committee noted that there was no other urgent business for consideration.


Exclusion of Public and Press


To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):


Agenda Item No


Exempt Information Paragraph Number


Council Housebuilding Programme – Phase I Tender (Recovery Package)

3 & 5


The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.


Background Papers

Article 17 - Access to Information, Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:


(a)        disclose any facts or matters on which the report or an important part of the report is based;  and


(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information and in respect of executive reports, the advice of any political advisor.


The Council will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers.




That the public and press be excluded from the meeting for the items of business set out below on the grounds that they would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:


Agenda                                                                       Exempt Information

Item No.                      Subject                                   Paragraph Number


    7                              Council Housebuilding                        3 & 5

                                    Programme – Phase 1

                                    Tender (Recovery



Council Housebuilding Programme - Phase I Tender (Recovery Package)

(Director of Communities) To consider the attached restricted report (CHB-001-2016/17).


The Assistant Director (Housing Property & Development) presented a report to the Cabinet Committee. He advised that after taking legal advice from Trowers & Hamlin Solicitors, on 1 June 2016 the Council formally determined the contract for Phase One of the Council Housebuilding programme with Broadway Construction Ltd. The decision was reached following informal consultation with members of the Cabinet and following concerns expressed by the Council Housebuilding Cabinet Committee over a period of time. From 1 June 2016 onwards, the Council took over responsibility for the sites.


He further advised that the sites had been secured and a full audit of the works completed up to the date of the contract determination, along with an assessment of materials on site. Using this information, a new tender package had been prepared by Pellings LLP, Employers Agents, under the direction of the Council’s Development Agent, East Thames. With the previous informal agreement of the Cabinet, informal discussions had taken place with known local companies. However, P A Finlay & Co Ltd emerged as the only contractor that expressed a keen interest to take over the contract. P A Finlay & Co Ltd had successfully completed the refurbishment and conversion works on behalf of the Council at Marden Close. Negotiations commenced on 6 June 2016 based on a design and build contract, and pricing documents had been issued to P A Finlay & Co Ltd.


The pricing documents had been returned direct to Pellings LLP and opened on 7 July 2016. P A Finlay’s proposed programme to complete the works was as follows:


·           Site 4              -    10 calendar weeks

·           Site 7              -    16 calendar weeks

·           Harveyfields       -       22 calendar weeks

·           Red Cross      -    48 calendar weeks


A full evaluation of the pricing document had been carried out by Pellings LLP. It was the opinion of Pellings LLP that P A Finlay & Co Ltd had provided a submission that was competitive and reasonable in relation to the prevailing market conditions (where there was currently even less appetite in the market place for works of this nature) and therefore represented value for money.




(1)       That P A Finlay & Co Ltd be awarded the Design and Build contract for the recovery phase of the construction works making up Phase 1 of the Council’s Housebuilding Programme in Waltham Abbey in the negotiated contract sum of £2,674,335.10;


(2)       That a contingency sum be set aside for any unforeseen matters that might materialise once works had commenced on site; and


(3)     That the Chairman of Council be requested to waive the call-in for this decision on the grounds that there was insufficient time to wait for the call-in period to expire before the Statutory Utility quotes expired and the programme time-slot agreed with them would be extended, causing a price uplift and a delay to the start and completion of the works.


Reasons for Decision:


Since the Council determined the contract with Broadway Construction Ltd for failing to regularly and diligently progress with the works, the Council now needs to complete these  ...  view the full minutes text for item 6.