Recommendation
Executive is recommended to authorise the Council to enter into a Grant Agreement with Brierley Homes for £2,600,000 to deliver the Broomfield’s Farm Eco-Homes Development subject to satisfying Subsidy Control Regulations.
Minutes:
Considered – A report of the Corporate Director for Community Development advising on changes to the Whitby Town Deal Project in relation to the Broomfield’s Farm net zero village, now renamed Broomfield’s Farm Eco-Homes Development. The report also sought approval for entering into a grant agreement with Brierley Homes in respect of the Whitby Towns Fund grant of £2.6m to deliver the Broomfield’s Farm Eco-Homes Development.
The Executive Member for Open to Business, Councillor Mark Crane, introduced the report and reported that the project would see 49 affordable homes provided in Whitby. The original developer had proposed 60 homes, however that developer had pulled out and officers had worked to enable Brierley Homes to take over the project with the number of homes reduced to 49 in line with pre-planning advice. Whitby residents were supportive of the scheme.
Councillor Simon Myers advised that the homes would use 90% less carbon than the average home and be cheaper to run.
Resolved (unanimously)
That the Council enter into a Grant Agreement with Brierley Homes for £2,600,000 to deliver the Broomfield’s Farm Eco-Homes Development subject to satisfying Subsidy Control Regulations.
Reasons for decision
To allow the successful delivery of 49 100% affordable homes in Whitby through the Broomfield’s Farm Eco-Homes Development project as part of the Whitby Town Deal programme and secure the £2.6m investment from the Towns Fund.
Alternative options considered
The
Council explored a few options for the delivery of the Broomfield’s Farm project
including:
Competitively procured
contract
1. This option would
see the Council undertake a tender exercise to the open market to competitively
procure a Housing Developer and Registered Provider (RP) partnership to deliver
the project.
2. Because the total
value of the procurement would have been above WTO thresholds, the Council
would be required to follow the ‘above threshold process’ set out in the
Procurement and Contract Procedure Rules within the Constitution. This process
would require a minimum of 6 months to complete.
3. The housing
developer and registered provider would receive the £2.6m grant from the Towns
Fund via the Council as accountable body through a third party grant agreement.
The housing developer or registered provider would be responsible for
purchasing the land from Keyland.
4. Until the tenders
had been returned, the Council would not know what proposals the housing
developer or RP would put forward for the provision of any interventions within
the homes to achieve net zero standards.
5. Due to the length
of time to go through a procurement process, which may yield zero returns, this
option would not meet Keyland’s requirements for the land sale to complete by the
31st March 2025.
Partner
delivery utilising a local registered provider
1. This option would
see the Council utilise the £2.6m grant to purchase the land from Keyland and
act as the developer and landowner. The Council would procure a Registered
Provider to both build and manage the homes on completion.
2. The Council would
be the project sponsor and responsible for ensuring the project was delivered
and the outputs for MHCLG met.
3. Again, the Council
would have to go through a lengthy procurement process to appoint a Registered
Provider which may yield zero returns. Officers held initial conversations with
Sanctuary Housing (the previously involved RP) and Together Group, both
providers indicated concerns and believed the current timescales rendered it undeliverable
due to the procurement process and uncertainties with the planning
process.
4. There would also
be an additional Council approval process to go through in order to secure
authority to purchase the land.
5. Both these
processes would take several months to complete and therefore would be not meet
Keyland’s timescale of completing the land purchase by 31 March 2025.
6. Because the Council would be the landowner and developer, it would maintain a high level of control over the project and its outputs but it would require a higher amount of internal resources to deliver and keeps most of the risk of the project and development with the Council.
Purchase
of the land and sell onto a third party for delivery
1. This option would
see the Council utilise the £2.6m Towns Fund grant, subject to approval from
MHCLG to purchase the land from Keyland, currently valued at £1,815,340 and
then market the land itself for sale to a developer. Council approval would be
required in order to undertake a land purchase.
2. There is no
guarantee that the Council would be able to sell on the land to a developer
leaving it at considerable financial risk in the event MHCLG clawed back the
funding due to non-delivery of the project.
3. The Council would
also not be able to guarantee the provision of a 100% low carbon affordable
homes development on the site by 31st March 2029 because it would
lose any control over the project delivery.
None of the above options would have given the Council, or Government, assurance that a low carbon 100% affordable housing scheme would have been delivered on the site within the timescales of the Towns Fund programme and therefore were discounted as viable options to secure delivery of the site.
Supporting documents: