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complete
Official procurement procedure
West Marina Land Disposal and Development
Construction work
Published value
Not published
Submission deadline Not published
Lots published1
Procurement Executive Summary
AI & Search Synopsis
Generated from official OCDS record
Tenderline Synopsis: Hastings Borough Council: "West Marina Land Disposal and Development". Published status: complete. Published value: Value not published. 1 published lot. Submission deadline not published. See the official notice for participation instructions.
| Contracting Authority | Hastings Borough Council | Scope & Categories | Not published | Submission Window | complete No deadline published |
|---|---|---|---|---|---|
| Submission Gateway | Direct notice route | Legal Basis & Regime | Standard procurement | Estimated Value (exc. VAT) | Not published |
Bidder Intelligence · Authority Profile: Hastings Borough Council
Market Analytics
Derived from OCDS awards & bid statistics
Published history for Hastings Borough Council. These figures describe retained records, not a forecast of bids or a measure of buyer bias.
Published-to-award variance
Not availableInsufficient comparable data
Competition Density
2Bids / Report
Supplier ConcentrationNo estimate
Insufficient attributable awardsNo concentration estimate availablePayment Terms
Check noticePublished terms
Coverage: 2 active published awards; 1 bid reports (which may be per lot). Supplier values exclude multi-supplier awards, frameworks and DPS, and use GBP only. They are published award values, not payments. Published-to-award variance compares single-lot, single-award, single-supplier GBP procedures with explicitly non-framework/non-DPS status; increases remain in the average. Unpublished data stays unknown. Awarded suppliers are winners, not all bidders.
Procedure terms
Contracting AuthorityHastings Borough Council | Procedure methodNot published | Procurement categoryNot published |
Statuscomplete | Framework / DPSNot published | CompetitionNot published |
Above thresholdNot published | Legal basisNot published | Tender period startsNot published |
Clarification deadlineNot published | Electronic submissionNot published | Submission languagesNot published |
Published15 Apr 2021, 13:18 BST | Last source update15 Apr 2021, 13:18 BST | Recurring procurementNot published |
ClassificationConstruction work | ||
Delivery area | ||
OCIDocds-h6vhtk-02a654 | ||
What is being bought
A development agreement for commercial and residential development of land at West Marina, Seaside Road, St Leonards-on-sea, and associated grant of leases and transfers of freehold properties.
What changed
From the official release history
- Status changed to complete
15 Apr 2021, 13:18 BST - Official notice release published
15 Apr 2021, 13:18 BST - Buyer information updated
15 Apr 2021, 13:18 BST
Lots and requirements (1)
Published by the contracting authority
- Lot 1 · #1Individual lot title not publishedStatus not publishedPublished valueNot publishedHastings Borough Council ("the Council") is entering into an agreement with West Marina St Leonards Limited ("WMSLL") for the development and disposal of land at West Marina, Seaside Road, St Leonards-on-sea ("West Marina"). West Marina has been largely vacant for over 30 years following the closure of the former lido. The site represents an opportunity for land to be developed to create a high quality development which can help regenerate the area. Development of the site will include a mix of residential units (including some affordable housing) as well as commercial units, beach huts and "glamping spaces". The arrangements will entail a minimum of 1,500 sqm of buildings comprising workshops / live works space within sui generis use class, 50 beach huts and 12 glamping huts as well as a minimum of 125 residential buildings and a car park. The Council invited proposals from two bidders, from which its preferred partner has been selected. Additional information: The Council has decided to award a contract to WMSLL which is wholly owned by County Gate Properties Holdings Limited ("County Gate"). County Gate's bid is guaranteed by the Generator Group Limited who replaced County Gate's original proposed guarantor Sunley Holdings Limited.Contract periodNot publishedEligibilityNot publishedOptions / renewalNot published
Timeline
- Procedure published
15 Apr 2021, 13:18 BST - Award active
Not published · Not published - Contract active
Signed 4 Mar 2019, 00:00 GMT · £35,000,000
Commercial outcome and competition
Awards West Marina St Leonards Limited Not published · Not published · active |
Contracts West Marina Development £35,000,000 · signed 4 Mar 2019, 00:00 GMT · active |
Bid statisticsNo aggregate bid statistics published |
Buyer and organisations in this procedure
Hastings Borough Council
Contracting authority GB-FTS-12450Documents (0)
Official links; attachments are not copied
No linked documents are published
Related procedures (0)
No related procedures published
Planning and rationale
Planning budgetNot published |
No-engagement rationaleNot published |
Procedure rationaleThe Council considers that the contract between the Council and WMSLL for the West Marina Development and Land Disposal falls outside the scope of Public Contract Regulations 2015 (PCR) as the main object of the transaction is a land transaction and not a public works contract. Therefore the Council relies on Regulation 10(1)(a) PCR, alternatively that the definition of a public works contract is not met.
The Council considers that the contractual arrangements with WMSSL do not fall within the definition of a public works contract for the following reasons:
(1) In respect of the land intended for residential use, the freehold will be transferred to WMSLL for a nominal value. Whilst the Council has stipulated the minimum number of residential units (125) and will be able to request variations to the plans and specifications for the construction of the residential units, WMSLL retain the absolute discretion to approve such variations. In relation to the land intended for the commercial use, the Council will dispose of this by way of a 250 year lease.
The Council has specified a minimum number of 1,500 sqm of buildings comprising workshops / live works space within sui generis use class, 50 beach huts and 12 glamping huts. The Council has the right to approve the planning application in so far as it relates to the commercial development. The Council may (before the development commences) request variations to the plans and specifications for the construction of the commercial developments and WSMLL must not unreasonably withhold its approval of any such variation (although it may do so if the variation would, in WSMLL's reasonable opinion, have a significant adverse financial consequence to WSMLL).
There is no absolute obligation on WMSLL to carry out the works as it has a right to issue a notice of unsatisfactory survey and subsequently terminate the agreement.
(2) In terms of economic benefit, as said above the freehold of the residential units will be transferred to WMSLL following completion of the development albeit that the Council will have pre-emption rights over fifteen residential units for purchase at market value with a 5% discount if the Council purchases six or more units. The Council will not retain nomination rights in relation to the affordable housing units. For the commercial units, in consideration of the grant of the 250 year lease the Council will derive a rent. The rent is fixed at a minimum amount. There is an additional rent paid in the form of 50% of the profits generated by the commercial units once the commercial development has been completed. Given the length of the lease, the Council does not anticipate to obtain an economic benefit from the development itself as by the time the land reverts back to the Council the works are likely to no longer exist.
The Council therefore considers that the contract is outside the scope of the PCR. |