Agenda item

The Committee had before it a report by the Director of Housing and Environment which (a) advised of the current position with regard to the National Housing Trust (NHT) Initiative (the “Initiative”) to enable the development of short term affordable housing and (b) sought approval to award contracts to Stewart Milne Group Limited and for the Head of Legal and Democratic Services (or either of the Legal Managers or the Chief Executive) to sign all contractual documentation relative to the Initiative.

The report recommended –

that the Committee –

(a)       approve contracts being awarded to Stewart Milne Group Limited in respect of affordable housing at Countesswells, Huxterstone, Cornhill and Froghall, subject to their satisfying all Certificate of Title and any other legal issues to the satisfaction of the Head of Legal and Democratic Services and the Director of Housing and Environment;

(b)       approve entry by the Council into the Limited Liability Partnership Development Vehicle(s) which would be created in respect of the developments with Scottish Futures Trust Limited and Stewart Milne Group Limited;

(c)        approve the entry into, and execution of, the initiative agreements substantially in the form issued in accordance with the Invitation to Negotiate and all other necessary documentation described in more detail below;

(d)       authorise the Head of Legal and Democratic Services (or either of the Legal Managers or the Chief Executive) to agree and execute on behalf of the Council all letters, contracts and other documents relative to the Initiative, including, but not limited to, the following:

(e)       approve the Director of Housing and Environment becoming the Council’s representative on the Board(s) of Management of the Development Vehicle(s) with the Head of Housing and Community Safety acting as substitute as required;

(f)         authorise lending to the Development Vehicle(s) in accordance with the Facility Agreements to be entered into, which lending shall not exceed £9.8 million, subject to receiving formal consent to lend from the Scottish Government;

(g)       delegate authority to the Director of Corporate Governance, the Director of Housing and Environment and the Head of Finance, in consultation with the Convener and Vice Convener of the Finance, Policy and Resources Committee, to agree the final loan value, which should not exceed £9.8million, and authorise the Head of Legal and Democratic Services (or either of the Legal Managers or the Chief Executive) to sign documentation to enter into the loan to be provided to the Development Vehicle(s); and

(h)        approve that any contractual documentation in connection with the Initiative be exempted from Standing Orders 11 (Corrupt or Illegal Practices), 13 (Insurances) and 26 (Freedom of Information) of the Council's Standing Orders Relating to Contracts and Procurement and any other Standing Orders from which exemption was or might be required in order to allow the said contractual documentation to be entered into.

The Committee resolved:-

to approve the recommendations.