Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-03-11
Buyer: Haringey Council
Country: UK
Contract type: Works
Procedure: Negotiated without a prior call for competition
CPV classification: 45100000: Site preparation work | 45110000 | 45200000: Building and civil engineering work | 45210000: Building construction work | 45211000: Construction work for multi-dwelling buildings
Estimated value: 29400000 GBP

Technical requirements: London Borough of Haringey (the ‘Council’) intends to enter into a development agreement with Berkeley Square Developments BSD Ltd (‘Berkeley Square’) relating to the development of land in Ashley Road Tottenham Hale, London N17 belonging to Cannon Street Jersey Fabrics Ltd (‘Cannon Street’). Berkeley Square has entered into an agreement with Cannon Street for the acquisition of the land and will be entering into a development with the Council to redevelop part of the land by constructing one block containing 104 affordable social housing, 4 private residential units and 2 commercial units. The Council's objectives for entering into the agreement are: to realise the Borough Plan’s objectives: deliver 1 000 new council homes at council rents by 2022 and deliver new Council homes via acquisitions and direct delivery by securing the delivery of 104 affordable housing.
The contract is awarded under the negotiated procedure without prior publication of a call for competition. The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights.
The key objective of entering into this arrangement is to enable the delivery of affordable housing. The acquisition of the land and the construction of the residential building from Berkeley Square will enable the delivery of much needed affordable homes. The contractual documents which will govern the arrangement will include: an agreement (the ‘Agreement’) providing for:
(a) the acquisition by the Council of freehold land currently owned by Cannon Street and which will be purchased by Berkeley Square and then sold to the Council and the subsequent development of the freehold land by Berkeley Square to include one residential block comprising 104 affordable homes and 4 residential units for sale and 2 commercial units. Both the private units and the commercial units will be lease back to Berkeley Square; two land transfer documents, an agreement for lease, two leases and a licence to alter.
As stated in Sections II.1.4) and VI.3), Berkeley Square will facilitate the delivery of a block comprising 104 affordable homes for the Council as part of its obligations pursuant to a development agreement.
Berkeley Square has exclusive rights over essential elements of the development area due to its agreement with the owners of the land which forms part of the Cannon Street site (‘CS’), which is vitally important to the delivery of affordable housing as part of a comprehensive scheme involving all of the CS site. The arrangement qualifies for use of the negotiated procedure pursuant to Article 32(2)(b)(iii) of Directive 2014/24 EU/Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015. It would be impracticable for the Council to advertise/enter into several contracts with multiple developers and it would not be possible to rely on compulsory purchase powers in respect of CS as the affordable housing are being delivered on only part of the site. CS is located next to a London Underground/Rail Station, and is crucial to the delivery of the 104 affordable housing units. The Council's Cabinet has authorised entry into the development agreement and the acquisitions of the 104 affordable housing and this is crucial to help the Council meet its housing delivery targets of 1000 homes. The relationship between Berkeley Square and Cannon Street puts Berkeley Square in a unique position to deliver the whole scheme a comprehensive development of CS. The delivery of the affordable housing is part of that development. Further, the Council does not consider that any element of the scheme is objectively severable from the rest. It is within the interests of time, deliverability, coordination and health and safety issues that as both local planning authority and potential landowner of a significant part of the regeneration area, it should endorse one development partner for the entire scheme.


Winner: Berkeley Square Developments ARS Ltd
Award value: 29400000