Hillingdon Council Cabinet Member and Officer Decisions
Redevelopment of Nelson Road Former Garage Site – Contract Variation and Release of Associated Funds - PART II
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Executive Decision Notice – 15 February 2023 Page 1
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
OFFICIAL EXECUTIVE DECISION NOTICE
PUBLISHED BY DEMOCRATIC SERVICES
Notice is hereby given that the following decision(s) have been made today by
Cabinet Members at the London Borough of Hillingdon:
Title of decision
REDEVELOPMENT OF NELSON ROAD FORMER GARAGE
SITE – CONTRACT VARIATION AND REL EASE OF
ASSOCIATED FUNDS
Reference No. 685
Date of decision Wednesday 15 February 2023
Call-in expiry date Wednesday 22 February 2023
Relevant Select
Committee
Property, Highways and Transport Select Committee
Relevant Wards Hillingdon East
Decision made
Cabinet Members
making the decision
Councillor Ian Edwards – Leader of the Council
Councillor Jonathan Bianco – Cabinet Member for Property,
Highways and Transport
Councillor Martin Goddard – Cabinet Member for Finance
Approved
That the Leader of the Council, the Cabinet Member for
Property, Highways and Transport, and the Cabinet
Member for Finance:
1. Approved a variation to the construction contract for
the completion of 6 new houses at Nelson Road to
NFC Homes Ltd in the sum o f £222,678 varying
contract value from £1,561,735 to £1,784,413;
2. Approved a virement of £133k from the 2022/23 HRA
Unallocated Acquisitions and Development Budget
to the Nelson Road Development Project; and
3. Approved the capital release of £243k (Appendix A of
the associated report) for the revised cost estimate,
inclusive of the budget virement (recommendation
2).
Reason for decision To enable the Council to fulfil its contractual obligations and to
ensure payment can be made.
During the construction phase at the N elson Road Former
Garage Site in Hillingdon East unforeseen additional works were
identified which included remedial works to address works
Executive Decision Notice – 15 February 2023 Page 2
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
carried out by the previous contractor, NHBC (National House
Building Council), and essential sewer works.
The additional work has led to the contractor requesting further
time to accommodate these into their programme.
Whilst elements of costs are all yet to be fully agreed, these
variations to the contract in Table A are expected to be sufficient
to settle the final account.
Alternative options
considered and
rejected
A do -nothing option would mean that the Council would be
unable to fund the contractor’s next application for payment and
be in breach of its contractual obligations. The Council would
also be at risk of incurring additional interest costs on unpaid
amounts, or legal action for non-payment.
A decision not to support the increase in the value of the
construction contract could also result in reputational damage to
the Council for non-payment and non-compliance with payment
terms, as set out in the JCT contract and or other payment
legislation such as Housing Construction and Regeneration Act
1996.
Returning to the market to re- tender was discounted as this
would likely cause further delays, inflated market rates and
further disruption and cost to the build with the site deteriorating.
Classification Part II – Members’ Only and Not for Publication
Link to associated
report
That this report be declared as exempt from publication as it
involves the disclosure of information in accordance with section
100(A) and paragraph 3 of Part 1 of Schedule 12 (A) to the Local
Government Act 1972 (as amended), in that the report contains
information relating to the financial or business affairs of any
particular person (including the authority holding that
information) and that the public interest in withholding the
information outweighs the public interest in disclosing it.
Relevant Officer
contact & Directorate
Michael Naughton, Place Directorate
Any interest declared
by the Cabinet
Member(s) /
dispensation granted
N/A
Executive Decision Notice – 15 February 2023 Page 3
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Implementation of decision & scrutiny call-in
[Internal Use only]
When can this
decision be
implemented by
officers?
Officers can implement Cabinet Member decision in this notice
only from the expiry of the scrutiny call-in period which is:
5pm on Wednesday 22 February 2023
However, this is subject to the decision not being called in by
Councillors on the relevant Select Committee. Upon receipt of a
valid call-in request, Democratic Services will immediately advise
the relevant officer(s) and the decision must then be put on hold.
Councillor scrutiny
call-in of this
decision
Councillors on the relevant Select Committee shown in this
notice may request to call-in this decision. The request must be
before the expiry of the scrutiny call-in period above.
Councillors should use the Scrutiny Call-in App (link below) on
their devices to initiate any call-in request. Further advice can be
sought from Democratic Services if required:
Scrutiny Call-In - Power Apps (secure)
Further information These decisions, where applicable, have been taken under The
Local Authorities (Executive Arrangements) (Meetings and
Access to Information) (England) Regulations 2012.
This is the formal notice by the Council of the above executive
decision, including links to the reports where applicable.
If you would like more information on this decision, please
contact Democratic Services on 01895 250636 or email:
democratic@hillingdon.gov.uk.
Circulation of this decision notice is to a variety of people
including Members of the Council, Corporate Directors, Officers,
Group Secretariats and the Public. Copies are also placed on
the Council’s website.
Democratic Services
London Borough of Hillingdon
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