Notice Information
Notice Title
Hermitage Lane Development
Notice Description
A lease and development agreement relating to the development of land at Hermitage Lane, London NW2
Lot Information
Lot 1
TBG Open Door Limited ("Open Door") is a Registered Provider of social housing. Open Door is entering into a lease and development agreement with Hill Residential Limited ("HRL") relating to the development of a site at Hermitage Lane, London NW2. The development will comprise of the construction of 52 homes on the site, 31 of which will be for private sale on the open market and 21 of which will be affordable housing units. The contractual arrangements between the parties will be structured as follows: 1. Open Door is the freehold owner of the site. 2. Open Door will enter into an agreement with HRL to grant HRL a lease of the site in consideration for an agreed sum. 3. The lease will place HRL under an obligation to deliver the entire 52 unit scheme (both the private sale and affordable units) on the site in accordance with the planning permission for the site and the requirements of the associated Section 106 agreement, but it will not place HRL under an obligation to carry out the construction works to a specification prescribed by Open Door which is set out in the lease. 4. Alongside the lease, there will be a separate development agreement between Open Door and HRL for the delivery of the 21 affordable units only. This development agreement will place HRL under a positive obligation to carry out the affordable housing works to a specification prescribed by Open Door which is contained in the agreement. 5. The affordable housing units will be retained by Open Door following completion. 6. HRL will be entitled to sell leasehold interests in the 31 private units on the open market and will be entitled to retain the proceeds of sale.
Procurement Information
Open Door is of the view that the contractual arrangements to be entered into with HRL (as described in section II.2.4) fall outside the scope of the Public Contracts Regulations 2015 (Regulations) for the following reasons: 1. Although the lease will place HRL under an obligation to deliver the entire 52 unit scheme (both the private and affordable units) in accordance with the planning permission and requirements of the associated section 106 agreement, it will not place HRL under an obligation to carry out the works to a detailed specification prescribed by Open Door which is set out in the lease. Accordingly, Open Door is of the view that the lease should be classified as an agreement for the disposal of an interest in land, and so is excluded from the scope of the Regulations by virtue of Regulation 10(1)(a) of the Regulations. 2. The development agreement relating to the development of the 21 affordable units will place HRL under an obligation to carry out the affordable housing works to a specification prescribed by Open Door hence it will be categorised as a works contract for the purposes of the Regulations. However the estimated value of such works at the relevant time for the purposes of Regulation 6(7) of the Regulations was PS4,472,068 which is less than the PS4,733,252 works threshold at which the Regulations apply. Accordingly, the development agreement is not subject to the Regulations.
Notice Details
Publication & Lifecycle
- Open Contracting ID
- ocds-h6vhtk-0290ff
- Publication Source
- Find A Tender Service
- Latest Notice
- https://www.find-tender.service.gov.uk/Notice/002456-2021
- Current Stage
- Award
- All Stages
- Award
Procurement Classification
- Notice Type
- Award Notice
- Procurement Type
- Standard
- Procurement Category
- Works
- Procurement Method
- Limited
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Tender Suitability
- Not specified
- Awardee Scale
- Large
Common Procurement Vocabulary (CPV)
- CPV Divisions
45 - Construction work
-
- CPV Codes
45000000 - Construction work
Notice Value(s)
- Tender Value
- Not specified
- Lots Value
- Not specified
- Awards Value
- Not specified
- Contracts Value
- £4,472,068 £1M-£10M
Notice Dates
- Publication Date
- 8 Feb 20215 years ago
- Submission Deadline
- Not specified
- Future Notice Date
- Not specified
- Award Date
- 2 Mar 20205 years ago
- Contract Period
- Not specified - Not specified
- Recurrence
- Not specified
Notice Status
- Tender Status
- Complete
- Lots Status
- Not Specified
- Awards Status
- Active
- Contracts Status
- Active
Buyer & Supplier
Contracting Authority (Buyer)
- Main Buyer
- TBG OPEN DOOR LIMITED
- Contact Name
- Meera Bedi
- Contact Email
- meera.bedi@barnethomes.org
- Contact Phone
- Not specified
Buyer Location
- Locality
- LONDON
- Postcode
- NW9 4EW
- Post Town
- North West London
- Country
- England
-
- Major Region (ITL 1)
- TLI London
- Basic Region (ITL 2)
- TLI7 Outer London - West and North West
- Small Region (ITL 3)
- TLI71 Barnet
- Delivery Location
- TLI London
-
- Local Authority
- Barnet
- Electoral Ward
- Colindale North
- Westminster Constituency
- Hendon
Further Information
Notice URLs
Open Contracting Data Standard (OCDS)
View full OCDS Record for this contracting process
The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts.
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