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The Deputy Chief Executive and Executive Director Place submitted a report a copy of which had been circulated to each Member.
Councillor Dundas attended and with the consent of the Chair addressed the Cabinet. This element of the Northern Gateway project had proved challenging and as a result the Council had an additional £20 million of capital funding which it had anticipated would have been paid off by now. This was a drag on the Council. He had previously received assurances on the resilience and viability of the project. It should be recognised that a project conceived in 2016 was no longer suitable in 2024 and that the Council did not have the skills or resources to deliver such a complex scheme. Whilst the recommendations at 2.2. and 2.3 of the Deputy Chief Executive’s report were supported, the Council should not commit further capital funding to a project which might not be necessary. This would also have an impact on the revenue budget and expose the Council to potentially volatile market forces. The section 278 works were for the old scheme and may no longer be relevant for any new scheme that was brought forward. There was no longer demand for the office space envisaged in the project and therefore it was possible that a housing development could be brought forward for the site, which would generate less traffic and therefore the works on this scale may not be needed. Clarification was sought as to whether negotiations with the healthcare provider were still ongoing, the state of the power supply to the site and how the evaluations in the Part B appendix were arrived at as they differed from the viability assumptions used in the Tendring Colchester Garden Communities Garden Community.
Councillor Sunnucks attended and with the consent of the Chair addressed the Cabinet to support Councillor Dundas’ comments. There was no plan of the proposed road development. The Council should not be acting as a developer and should be looking to sell the site and let a master developer take it forward and accept the risks of the development.
Councillor King, Leader of the Council and Portfolio Holder for Strategy, agreed that the market had changed since the initial vision. The Council had had some success at Northern Gateway acting as a developer but it was right to take another look. This was a well-placed site with great potential for the right scheme. The proposal was just to make provision for a possible capital spend not a commitment to spend it as this point. Further discussions would take place cross party as matters developed.
Councillor Cory, Portfolio Holder for Resources, supported Councillor King’s comments. He understood the caution proposed by Councillor Dundas. The questions and concerns would be looked at and discussed with officers. However, the proposal would keep the door open for the section 278 works and potential development. This was an opportunity to improve the infrastructure as the junction was already over capacity. He would address the specific questions raised in a separate meeting.
RESOLVED that:-
(a) The inclusion of £7.7 million in the Council’s capital programme for 2024/25 to fund the enabling works and some construction works required to Junction 28 of the A12 be approved.
(b) To revisit the delivery strategy for Colchester Northern Gateway (South) (CNGS) acknowledging that the Council has taken on the leadership and responsibility for delivery from Colchester Commercial Holdings Ltd and needs to review the development strategy and retest the market and site options both within the context of the current planning permission and potentially a new planning approach. It is intended that this work will be completed by summer 2024 culminating in a new delivery strategy for the site.
(c) Authority be delegated to the Deputy Chief Executive, in consultation with the Portfolio Holder for Resources, the drawdown of the earmarked reserve (the Revolving Investment Fund (RIF)) to fund resourcing within the emerging Corporate Landlord Team, which is being established as part of the Fit for the Future transformation project on Assets to progress the necessary due diligence, a review of the development strategy, market and potential delivery options and to fund any viability and feasibility work needed to progress the delivery of the site.
REASONS
CNGS is a key site in delivering some of the Council’s priorities in the Strategic Plan.
It will directly contribute to the improvement of health, wellbeing, and happiness:
• With a key new active travel route through the site: The Walk, already delivered and enabling a high-quality walking, cycling, and wheeling option.
• A new health hub providing a private hospital, GP surgery, and a care home.
As a key employment site in the Local Plan, it will support growing the local economy so everyone benefits.
It will also make a significant contribution to delivering homes for those most in need with a minimum of 30% affordable, as well as supported housing options.
In addition, the whole Northern Gateway is a key gateway to the City of Colchester, and it will also be a community hub providing access and services to residents across the city area and beyond.
The Colchester Commercial Holdings Ltd (CCHL) review recommended the delivery strategy for CNGS needs to be reviewed for the following reasons:–
• A change in the Council’s appetite for financial risk given the financial context and significant financial challenges facing Councils across the Country.
• Change in the property market since it was originally approved, for example the significantly reduced market demand for office space following the Covid Pandemic.
• The economic slow-down, cost of living crisis, inflationary pressures and increased interest rates affecting developer, investor, and occupier confidence during 2023.
• Master developer approach to the site has not progressed due to the investment challenges and significant cost escalation on build and infrastructure costs. The market is starting to show signs of returning to some normality as the latest BCIS forecast for 2024 projects a 2% increase (compared to 10.7% annual increase in previous years). Therefore, from a high-level perspective, the confidence in the market is expected to start to improve as prices settle and risk exposure to build costs reduce.
• The CCHL review recommended hibernation of Colchester Amphora Housing Ltd and Colchester Amphora Energy Ltd which were both delivery vehicles for elements of the site.
CNGS is a strategic site of significant socio-economic and financial value which will facilitate delivery of some of the Council’s key Strategic Plan priorities. As a key employment site in the Local Plan, it will support growing the local economy, so everyone benefits as well as providing inward investment. It will also make a significant contribution to delivering homes for those most in need with a minimum of 30% affordable housing. As well as the improvement of health, wellbeing, and happiness with the facilitation of active travel options, the site also has designated community open space. A key strategic gateway site into the City of Colchester, CNGS is also of great financial significance and value.
Delivery of the whole of the CNGS consented scheme is predicated (via Condition 8 of the planning consent 190665) around the physical completion of the offsite highway works. A cost estimate was prepared in 2019 associated with the highway works and therefore given the market material and labour costs, alongside the development of the highways detailed design works now requires a refresh. The refresh will capture both legal and technical due diligence to feed into the cost plan estimate to provide a robust and complete analysis of the highway works project. Until this work is completed it is proposed the latest working assumption detail in Part B will be included in the Capital Programme.
Technical due diligence will also identify location, issues and solutions relating to existing utilities within the sites which are a significant risk and a key dependency upon time and cost to the delivery of CNG.
It is recognised specialist advice will be needed to review and develop delivery strategy options to meet the strategic objectives of CCC, access the occupier, developer, and investor markets, ensure the delivery of high-quality developments, facilitate infrastructure works and explore options to leverage potential third party investment.
ALTERNATIVE OPTIONS
Do nothing – if the S278 highways work is not completed then it will not be possible for any part of the development to be occupied. It is also highly unlikely that any developer would be willing to purchase the site, or part thereof, without this work being completed.
If the delivery strategy is not reviewed, in light of the significant social and economic changes that have occurred in the last 5 years, any development is less likely to meet current needs or deliver the maximum benefits for residents or the Council and will increase risk to the Council in relation to its investment and successful delivery of the expected outcomes.
Dispose of the site “as is”. This option is likely to prove very difficult without the completion of the S278 highways work as market interest will reduce due to increased cost and risk for developers and, if achievable, will return significantly less capital than if the work is completed. It will also mean that the Council will lose control over the development of the site and the outcomes that can be achieved.