Bell Road

Concepts

• hounslow
• real estate
• bell road
• bell road hounslow
• affordable housing
• use scheme
• flexible use a1-3
• new commercial space
• purpose of directive
• site owner

Location

Hounslow

Description

The Council considers that the contract is not a public works contract for the purpose of Directive 2014/24/EU, it requires the delivery of a large mixed-use scheme comprising new commercial space (flexible use A1-3, B1, D1 or D2) and 127 homes (to be 100 % affordable housing) (the ‘Development’) at 9-21 Bell Road Hounslow (the ‘Site’) pursuant to planning permission reference 00108/9-21/P4 granted on 24 January 2018 and any variation thereof. The Site owner being A2Dominion Homes Ltd.

Award Detail

Award Criteria

CPV Codes

• 70000000 - Real estate services

Indicators

• Award on basis of price and quality.

Legal Justification

The Council considers that the contract is not a public works contract for the purpose of Directive 2014/24/EU, taking account of the decision of the Court of Justice of the European Union in the Helmut Muller case(C-451/08). Although the Council will have an intermediate leasehold title to the site, the contract does not concern a development carried out for the direct economic benefit of the Council, as the Council will have no economic interest in the development (its leasehold title being entirely subject to a sub-lease) or any right to use the development, nor has it financed or taken economic risks in connection with the works. Furthermore, whilst the economic operator will be under an obligation to develop the land, the Council in its capacity as a contracting party will not set design or specification requirements beyond very broad parameters. In any event, the development site’s freehold owner is the economic operator and the site would not be made available by that owner to other bidders. Accordingly, even if the contract were a public works contract, only one bidder would be able to perform the works for the purpose of Regulation 32(2)(b)(iii) of the Public Contracts Regulations 2015.