Agenda item

To consider a report on the Levelling Up Fund

Councillor Afrasiab Anwar and Mick Cartledge both left the meeting for this item and they did not take part in any discussion or vote on this item. 

Councillor Sue Graham took the Chair for this item

PURPOSE

The purpose of the report is to seek executive approval for the Council to purchase a property and to enter into various agreements necessary to enable delivery of the Levelling Up Fund (LUF) programme.

REASON FOR DECISION

Burnley Borough Council has been awarded £20m of Levelling Up Fund monies.  A portion of the funding is to carry out works including the construction of new teaching and student facilities, public realm works and site preparation for future phases.  The decisions are required to facilitate this work and ensure the timely delivery of the project.

The development is identified as a key project in the Burnley Town Centre and Canalside Masterplan.  The proposed property purchase is key to delivering the masterplan and the levelling up fund programme

It is necessary to waive call-in to enable the acquisition of the strategic site to be completed by the end of March 2022

DECISION

(1)  That the purchase of the property be authorised set out at paragraph 9 of this report and edged red on the plan in Appendix A of this report to be funded from the 2021/22 Capital Programme and delegates authority to the Head of Finance and Property to negotiate and agree terms of the purchase in consultation with the Strategic Head of Economy and Growth and the Executive Member for Resources and Performance Management;

(2)  That a variation to the boundary of the ”Property” be approved as defined in the Development Agreement relating to Weavers’ Triangle, Sandygate, Burnley (the “Development Agreement”) to incorporate the property edged red on the plan in Appendix A of this report and delegates authority to Head of Legal and Democratic Services to enter into a Deed of Variation to the Development Agreement Dated 29th March 2012 to include the said property edged red on the plan at Appendix A;

(3)  That authority be delegated to the Strategic Head of Economy and Growth to agree the terms of a Supplemental Agreement to the Development Agreement to (inter alia) facilitate the redevelopment and construction works required to the property edged red and the land shaded blue on the plan at Appendix A to deliver the Levelling Up Fund bid;

(4)  That authority be delegated to the Strategic Head of Economy and Growth to agree the terms of the Building Contract and Collateral Warranties to facilitate the construction works required to the property edged red and the land shaded blue on the plan at Appendix A;

(5)  That authority be delegated to the Head of Finance and Property Services in consultation with the Strategic Head of Economy and Growth and the Executive Member for Resources and Performance Management to approve the Development Proposal Notice (DPN);

(6)  That authority be delegated to the Head of Finance and Property Services in consultation with Strategic Head of Economy and Growth and the Executive Member for Resources and Performance Management to agree terms for the disposal of the building on completion of the works to UCLAN as set out in this report;

(7)  That authority be delegated to the Strategic Head of Economy and Growth to agree the terms of the instruction to Barnfield Investment Properties to authorise the remainder of the upfront design work to be instructed at risk to enable the completion of the DPN and Supplemental Agreement and ensure that the tight timetable in the Levelling Up Bid is not compromised;

(8)  That authority be delegated to the Head of Legal and Democratic Services to appoint solicitors via the NW Legal Consortium Framework to draft the documents necessary to give effect to the decision;

(9)  That authority be delegated to the Strategic Head of Economy and Growth to accept tenders and appoint a consultant to undertake a Monitoring Surveyor role;

(10)               That authority be delegated to the Head of Legal and Democratic Services to execute all documents necessary to give effect to this decision; and

(11)               That call-in be waived subject to the prior approval of the Chair of Scrutiny or in their absence the Vice Chair of Scrutiny.

In accordance with and following the requirements set out in Paragraph 15 of Part 4.5 of the constitution regarding the agreement which has been provided by the Chair of Scrutiny, it is stated that in the opinion of the Executive the decision is an urgent one and therefore not subject to call in.