Decision under Delegated Powers

Officer requesting decision

Richard Bennett (Head of planning and Regeneration Services)

Officer making decision

Richard Bennett (Head of planning and Regeneration Services)

Recommendation

That approval be given to enter into a Partnering Agreement, executed as a deed, with the and Enterprise Partnership, Leicestershire County Council, Leicester City Council and the seven Leicestershire district authority partners with a commitment of £13,927 towards the commissioning of consultants.

Reason

To define the terms and conditions for the joint procurement and funding of a consultancy to undertake a study to provide a Leicester and Leicestershire Housing and Economic Development Needs Assessment.

Authority for Decision

Under the provisions of the Constitution the Head of Service has delegated authority to sign contracts up to a value of £50,000 entered into on behalf of the Council in the course of the discharge of an Executive function (subject to compliance with the Financial Regulations).

Decision and Date

Background

Local Authorities in Leicester and Leicestershire are working collaboratively with the Leicester and Leicestershire Enterprise Partnership to bring forward a Strategic Growth Plan for the Leicester and Leicestershire housing market area.

This work requires evidence to support judgements on the future distribution of jobs and homes and the infrastructure required to support it. The first of these evidential studies is the Housing and Economic Development Needs Assessment which is expected to cost £92,450.

North West Leicestershire District Council has agreed to procure the study on behalf of the partnership and has drawn up a legal agreement detailing the apportionment of costs to enable an equitable share across the partnership as agreed by the Strategic Planning Group. The costs are to be met by the LLEP and Leicestershire County Council contributing a percentage of the overall costs with the balance being met by local authority partners on a percentage of overall HMA population basis, as detailed in the report to Strategic Planning Group on 14 December 2015

Comments from HR

The report has no HR implications

Financial Implications

The total costs of the commission will run to £92,450 with £13,927 being apportioned to the Borough Council, as set out in schedule 2 to the partnering Agreement. The costs can be met from the 2016/17 consultancy budget within the Planning Policy cost centre (P330 D0501).

Risk Management

No specific risks have been identified with this report.

Key Decision: No

Background Papers: Draft Partnering Agreement. Strategic Planning Group Paper - HEDNA Cost Sharing Arrangements (December 2015) Dated

BLABY DISTRICT COUNCIL (1) CHARNWOOD BOROUGH COUNCIL (2) COUNCIL (3) AND BOSWORTH BOROUGH COUNCIL (4) LEICESTER CITY COUNCIL (5) LEICESTERSHIRE COUNTY COUNCIL (6) MELTON BOROUGH COUNCIL (7) NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL (8) AND BOROUGH COUNCIL (9) LEICESTER CITY COUNCIL on behalf of LEICESTER AND LEICESTERSHIRE LOCAL ENTERPRISE PARTNERSHIP (10)

In relation to the Leicester and Leicestershire Housing and Economic Development Needs Assessment 2016

PARTNERING AGREEMENT

1 T H I S A G R E E M E N T is made the day of 2016

B E T W E E N:

(1) DISTRICT COUNCIL of Council Offices, Desford Road,

Narborough, Leicestershire LE19 2EP

(2) CHARNWOOD BOROUGH COUNCIL of Council Offices, Southfield

Road, , LE11 2TN

(3) HARBOROUGH DISTRICT COUNCIL of The Symington Building, Adam

and Eve Street, , Leicestershire, LE16 7AG

(4) BOROUGH COUNCIL of Hinckley Hub,

Rugby Road, Hinckley, Leicestershire LE10 0FR

(5) LEICESTER CITY COUNCIL of City Hall, 115 Charles Street, Leicester,

LE1 1FZ

(6) LEICESTERSHIRE COUNTY COUNCIL of County Hall, Leicester Road,

Glenfield, LE3 8RA

(7) MELTON BOROUGH COUNCIL of Parkside, Station Approach, Burton

Street, , Leicestershire LE13 1GH

(8) NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL of Council

Offices, , Leicestershire, LE67 3FJ (“the Lead Member”)

(9) OADBY & WIGSTON BOROUGH COUNCIL of Council Offices, Bushloe

House, Station Road, Wigston, Leicestershire, LE18 2DR

(10) LEICESTER CITY COUNCIL on behalf of LEICESTER AND

LEICESTERSHIRE LOCAL ENTERPRISE PARTNERSHIP of City Hall,

115 Charles Street, Leicester, LE1 1FZ

(hereinafter together called “the Members” and references to “Member” shall be to any one individual party)

2 W H E R E A S the Members have agreed to collaborate together as set out in this

Agreement to support the procurement of a consultant (“the Consultant”) by one of

them (“the Lead Member”) who will produce a report (“the Report”) which will be an assessment across the City, Borough and District areas served by the Members.

1. DEFINITIONS AND INTERPRETATION

1.1 The following words and expressions shall have the meanings assigned to

them except where the context otherwise requires:

1.1.1 “Agreement” means the terms and conditions contained herein together with

the schedules attached hereto and such other documents as may be specified

as forming part of this agreement;

1.1.2 “Consultant” means G L Hearn Limited who have been procured by the Lead

Member to prepare the Report;

1.1.3 “Consultancy Agreement” means the agreement between the Consultant and

the Lead Member;

1.1.4 “Contribution” means the financial contribution by each Member towards the

costs of the Consultancy Agreement, as set out in Schedule 2 and

“Contributions” shall mean all of the individual Members’ Contributions

together;

1.1.5 “Procurement Process” means the scoping, advertising, receiving and

answering of questions, receiving of bids, interviewing and assessing of bids

and the subsequent completion and execution of the Consultancy Agreement

all carried out by the Lead Member.

3 1.1.6 “Lead Member” means North West Leicestershire District Council which shall

act on behalf of the Members together and not on its own account, in relation

to the Procurement Process and shall execute the Consultancy Agreement

and thereafter continue liaison with the Consultant and Members (as

appropriate) and unless otherwise agreed by the Members shall provide the

services of the Joint Strategic Planning Manager to manage the Report

preparation stage.

1.1.7 “Notice” means notice in writing and in accordance with clause 12 to be

delivered to any Member under the terms of this Agreement by another

Member and to take effect in accordance with clause 12.1.

1.1.8 “Project brief” means the Leicester and Leicestershire Housing and Economic

Development Needs Assessment.

1.1.9 “Proportions” means the individual shares to be the responsibility of a Member

as set out in Schedule 2 of any amount due under this Agreement;

1.1.10 “Report’’ means a final written report which satisfies the requirements of the

Project Brief.

1.1.11 “Representative” means the individual (or any successor to the post) identified

as against the respective Member as detailed at Schedule 1.

1.1.12 “Working Day” means any day which is not a Saturday, Sunday or public

holiday in England and Wales.

1.1.13 This Agreement comprises these conditions and terms together with the

Schedules attached hereto and such other documents as may be specified as

forming part of this Agreement.

4 1.2 Words importing the singular also include the plural and the masculine

includes the feminine and vice-versa where the context requires

1.3 The headings in this Agreement shall not be taken into consideration in its

interpretation

1.4 Unless otherwise stated all references to Clauses are references to Clauses

numbered in the conditions and terms of this Agreement and not to those in

any other document attached or incorporated by them

2. PARTNERING - PURPOSE AND COMMENCEMENT

2.1 The Members hereby agree to collaborate in accordance with the terms of this

Agreement.

2.2 The Members hereby appoint the Lead Member and confirm their individual

addresses and their Representative as stated in Schedule 1.

2.3 Unless otherwise agreed in writing by the Members, this Agreement shall not

terminate if a Member changes its name or is taken over by, or merged with,

another local authority or district or area.

3. PROCUREMENT PROCESS

3.1 The Lead Member has carried out the Procurement Process to engage the

Consultant. The Lead Member warrants that it has carried out the

Procurement Process in accordance with all applicable law (including for the

avoidance of doubt, the Public Contracts Regulations 2015)

3.2 The Lead Member shall enter into the Consultancy Agreement for and on

behalf of all the Members.

5 3.3 Under the authority granted to him or her, the Representative of a Member

shall represent the Member for all purposes connected with the performance

of the Member's obligations hereunder. The execution of this Agreement shall

bind each Member in respect of all obligations and liabilities contained in this

Agreement.

3.4 The Representative of the Lead Member shall be the representative for the

purpose of correspondence and discussion with the Consultant on matters

involving the interpretation of the Consultancy Agreement and alterations to

its terms and to the services to be performed under it. The Representative of

the Lead Member shall give Notice of any proposed alteration to the terms of

the Consultancy Agreement and these shall be mutually agreed in writing

between the Members.

4. PERFORMANCE OF THE SERVICES

4.1 The services to be performed under the Consultancy Agreement shall be

carried out in accordance with the terms and conditions of the Consultancy

Agreement, the Project Brief and this Agreement. In the event of any

inconsistency between the terms of the Consultancy Agreement and this

Agreement regarding the carrying out of the services, the Consultancy

Agreement shall prevail.

4.2 The Members agree to pay their Contribution to the Lead Member within

fourteen (14) days of receipt of the Lead Member’s invoice on or after the date

of this Agreement.

4.3 Any alterations or additions to the services to be carried out under the

Consultancy Agreement shall be made by the Lead Member with the prior

6 written consent of all Members. Responsibility for paying for the carrying out

of any additional services under the Consultancy Agreement shall be as

agreed in writing between the Members, in accordance with the proportions

set out in Schedule 2 or as set out in this Agreement.

5. EXECUTIVE AUTHORITY

5.1 No Member shall have authority to bind or to make any commitment on behalf

of any other Member unless such authority is expressed in writing by the

Member concerned.

5.2 Each Member shall give prior Notice of any change in its Representative as

may occur from time to time.

5.3 In the event of there being disagreement between the Members the relevant

Chief Officers of the relevant Members shall meet together and shall use all

reasonable endeavours to seek a resolution.

6. DOCUMENTS

6.1 All documents produced by a Member or the Members in connection with

obtaining the Report shall be made available to other Members at all times.

6.2 During the period of this Agreement and after its termination without limit in

time, no Member shall, save as required by law, disclose to any person any

information which it obtains through its participation under this Agreement

(and shall ensure that its employees shall observe such restrictions) unless

the said information:

6.2.1 Becomes public knowledge; or

6.2.2 Must be disclosed for the proper performance of the services.

7 6.3 The Lead Member shall deal with and co-operate with any requests received

by any Member for information regarding this Agreement in accordance with

the Freedom of Information Act 2000 and shall immediately upon written

receipt notify the other Members to enable Members to recommend a

response to that request for information.

6.4 Notwithstanding clause 6.3 above, nothing in this Agreement shall act to limit

any duties imposed on any Member under the Data Protection Act 1998, the

Freedom of Information Act 2000 and/or the Environmental Information

Regulations 2004 and the Members shall co-operate and assist any Member

who is required to discharge statutory obligations under any of the

aforementioned legislation. The Members shall provide the assistance and

co-operation within reasonable timescales to be prescribed by the Member in

receipt of the statutory enquiry.

7 DEFAULT

7.1 A Member that delays or fails to fulfil its obligations in whole or in part under

this Agreement shall be deemed in default and shall indemnify the other

Members in respect of any losses directly or indirectly arising from such

default.

7.2 A Notice in writing to a Member from all the other Members or the Lead

Member on behalf of the other Members, that the performance of its

obligations under this Agreement is unsatisfactory, shall set out such

reasonable steps to remedy its performance and give the relevant Member a

reasonable time to implement these steps, such period being not less than

seven (7) days. Failure to remedy its performance within the reasonable

8 timescales specified shall for the purposes of this clause mean that the

Member concerned is in default.

7.3 If there shall be a want of performance by the Consultant under the terms of

the Consultancy Agreement such that in the reasonable opinion of the Lead

Member (in consultation with the Strategic Planning Group) the Consultant is

substantially in breach of its obligations under the Consultancy Agreement,

the Members shall determine the appropriate method of re-procuring the

services to be provided under the Consultancy Agreement.

7.4 If a reassignment of work under the Consultancy Agreement is made in

accordance with the foregoing sub-Clause, the Lead Member shall through its

Representative seek to ensure that the defaulting Consultant shall not

obstruct the person, body or firm appointed to undertake the reassigned work

but shall provide him or it with access to all documents and information

necessary for the proper performance of the services under the Consultancy

Agreement.

7.5 Any sums received by the Lead Member from the other Members in payment

for the obligations already undertaken shall be used to reimburse it for its

reasonable expenses incurred and reasonable fees expended pursuant to this

Agreement. The Lead Member shall provide the Members with notice

detailing the amount of the proposed reimbursement pursuant to this clause

7.5. The Lead Member shall provide the aforementioned notice at least

fourteen (14) days prior to the date the reimbursement is required.

7.6 Upon completion or earlier termination of the Consultancy Agreement and

receipt of all amounts due thereunder, the Lead Member shall account to the

other Members and shall be entitled to receive within fourteen (14) days of

9 such account any balance properly due from any Member towards the fees of

the Consultant and the reasonable management and legal costs of the

Consultancy Agreement.

8. FORCE MAJEURE

8.1 The Members shall have no liability to each other in respect of any event

excusing performance for a reason beyond its control including without

prejudice to the generality of the foregoing fire, flood, acts of God, riot, civil

disturbance, war or sabotage the coming into force of any statute, statutory

instrument, regulation or byelaw of the government or any competent

authority rendering the continued performance of the obligations of this

Agreement illegal or impossible.

9. DURATION OF THE AGREEMENT

9.1 This Agreement shall terminate when the Report has been received by the

Members and paid for and the reasonable expenses of the Lead Member

reimbursed to it in accordance with the terms of this Agreement, or later or

earlier as the Members shall decide.

9.2 Provided that the terms of this Agreement shall nevertheless continue to bind

the Members to such extent and for so long as may be necessary to give

effect to the rights and obligations specified in the Agreement.

10 10. LIABILITY

10.1 Each of the Members warrants that it will indemnify and keep indemnified the

other Members against all legal liabilities arising out of or in connection with

the performance, or otherwise, of its obligations under this Agreement save

except any Member which is in default as set out in clause 7 of this

Agreement, any such Member in default shall be responsible for its own

liabilities.

10.2 In the event of it being alleged by one Member in writing that any legal liability

is attributable to another Member or to particular Members, the Members

concerned shall use reasonable endeavours to reach agreement on the

liabilities to be borne by each of the Members alleged to be at fault, and in the

event of the Members concerned failing to so agree, a proper apportionment

shall be determined by resolution between the respective Chief Officers of the

Members concerned in accordance with Clause 5.3.

11. FINANCIAL ADMINISTRATION AND ACCOUNTING

11.1 Each Member shall be responsible for keeping its own accounts in respect of

payments due to it and for its own financial affairs generally.

11.2 The Lead Member shall be responsible for provision of payments to the

Consultant and passing on a note of the costs and any payments due from

each Member accordingly and such costs shall be in accordance with

Schedule 2.

11 12. NOTICES

12.1 Notices under the Agreement shall be in writing and will take effect from

actual receipt at the address stated in Schedule 1. Delivery can be by hand

or facsimile message against a written confirmation of receipt or by registered

letter or by e-mail subsequently confirmed by letter.

13. ARBITRATION

13.1 In event of a failure to resolve any dispute or difference arising out of or in

connection with this contract as set out in clause 5.3, the matter shall be

determined by the appointment of a single arbitrator to be agreed between the

Members in dispute , or failing agreement within fourteen days, after such

Members have given to the other a written request to concur in the

appointment of an arbitrator, by an arbitrator to be appointed by the President

or a Vice President of the Chartered Institute of Arbitrators. The costs of such

appointment to be borne by the Members in dispute in such proportions as the

arbitrator may determine.

14. GOVERNING LAW

14.1 This agreement is made and shall be governed by and construed in

accordance with English Law and the parties irrevocably submit to the

jurisdiction of the English Courts.

15. COUNTERPARTS

15.1 This agreement may be executed in any number of counterparts, each of

which when executed and delivered to the Lead Member shall constitute a

12 duplicate original, but all the counterparts shall together constitute the one

agreement.

16. PROVISION OF REPORTS

16.1 The Lead Member shall, within two (2) Working Days, share with the

Members any draft Report that it may be in receipt of from the Consultant.

The Lead Member shall, as soon as reasonably practicable, forward to the

Consultant any comments that may be received from Members in respect of

the draft Report.

16.2 The Lead Member shall provide the Members with a copy of the Report within

two (2) Working Days of it being received from the Consultant.

13 EXECUTED as a DEED by BLABY DISTRICT COUNCIL

Witness to the Seal

14 EXECUTED as a DEED by CHARNWOOD BOROUGH COUNCIL

Witness to the Seal

15 EXECUTED as a DEED by HARBOROUGH DISTRICT COUNCIL

Witness to the Seal

16 EXECUTED as a DEED by HINCKLEY AND BOSWORTH BOROUGH COUNCIL

Witness to the Seal

17 EXECUTED as a DEED by LEICESTER CITY COUNCIL

Witness to the Seal

18 EXECUTED as a DEED by LEICESTERSHIRE COUNTY COUNCIL

Witness to the Seal

19 EXECUTED as a DEED by MELTON BOROUGH COUNCIL

Witness to the Seal

20 EXECUTED as a DEED by NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL

Authorised Signatory

21 EXECUTED as a DEED by BOROUGH COUNCIL

Witness to the Seal

22 EXECUTED as a DEED by LEICESTER CITY COUNCIL on behalf of the LEICESTER AND LEICESTERSHIRE LOCAL ENTERPRISE PARTNERSHIP

Witness to the Seal

23 SCHEDULE 1 Local Representative Chief Director’s Authority Officer designation Member

Name: Rob Thornhill Title: Development Strategy Manager Email: [email protected]

Blaby District Blaby District Council Director of Place Mark Alflat Council Council Offices Desford Road Narborough Leicester LE19 2EP

Name: Paul Tebbitt Title: Principal Planning Officer Email: [email protected] Strategic Director of Charnwood Eileen Housing, Planning, Borough Charnwood Borough Council Mallon Regeneration and Council Council Offices Southfield Road Regulatory Services Loughborough LE11 2TN

Name: Stephen Pointer Title: Strategic Planning and Housing Manager Email: [email protected] Harborough Norman Corporate Director – District Harborough District Council Proudfoot Community Services Council The Symington Building Adam and Eve Street Market Harborough Leicestershire LE16 7AG

Name: Andy Killip Title: Planning Manager (Policy) Email: andy.killip@hinckley- bosworth.gov.uk

Name: Valerie Bunting Hinckley and Title: Housing Strategy and Enabling Officer Bosworth Deputy Chief Email: valerie.bunting@hinckley- Bill Cullen Borough bosworth.gov.uk Executive Council Hinckley & Bosworth Borough Council Hinckley Hub, Rugby Road, Hinckley, Leicestershire, LE10 0FR

24 Name: Fabian D’Costa Title: Team Leader Policy Team Email: [email protected]

Name: Rob Foers Title: Senior Planning Officer Director of Planning, Leicester City Email: [email protected] Andrew Transportation & Council Smith Economic Leicester City Council Development City Hall 115 Charles Street Leicester LE1 1FZ

Name: Sharon Wiggins Title: Strategic Planning Manager Email: [email protected]

Name: Andy Yeomanson Title: Team Manager (Transport Strategy Leicestershire and Policy Team) Tom Assistant Chief County Email: [email protected] Purnell Executive Council Leicestershire County Council County Hall Leicester Road Glenfield LE31 8RA

Name: Ripple Gupta Title: Planning Policy Officer Email: [email protected]

Melton Melton Borough Council Christine Borough Parkside Strategic Director Station Approach Marshall Council Burton Street Melton Mowbray Leicestershire LE13 1GH

Name: Katie Mills Title: Planning Policy and Town Centres Team Manager North West Email: [email protected] Director of Services Leicestershire Steve North West Leicestershire District Council and Deputy Chief District Bambrick Council Offices Executive Council Whitwick Road Coalville Leicestershire LE67 3FJ

25 Name: Adrian Thorpe Title: Planning Policy and Regeneration Manager Email: adrian.thorpe@oadby- Oadby & wigston.gov.uk Wigston Mark Hall Chief Executive Borough Council Offices Council Bushloe House Station Road Wigston Leicestershire LE18 2DR

Leicester City Name: Mandip Rai Council on Title: Head of Strategy and Engagement behalf of Email: [email protected] Director of Planning, Leicester and Andrew Transportation and LLEP Leicestershire City Hall Smith Economic Local 115 Charles Street Development Enterprise Leicester Partnership LE1 1FZ

26 SCHEDULE 2

Local Authority Member Financial Contribution

£7,698.00 Blaby District Council

£13,927.00 Charnwood Borough Council

£7,065.00 Harborough District Council

Hinckley and Bosworth £8,647.00 Borough Council

£19,833.00 Leicester City Council

£9,500.00 Leicestershire County Council

£4,095.00 Melton Borough Council

£7,698.00 North West Leicestershire District Council

£4,487.00 Oadby & Wigston Borough Council

£9,500.00 Leicester and Leicestershire Local Enterprise Partnership

27