Legal services

Tender description

Ebbsfleet Development Corporation (EDC) was established by the Department of Communities and Local Government in April 2015 to drive delivery of a new Garden City in Ebbsfleet, North Kent. The Chancellor of the Exchequer announced that through the Government's Spending Review up to 270 000 000 GBP would be made available for investment in the Garden City. The EDC has agreed a Core Infrastructure Programme to drive delivery of a series of housing, utilities, commercial and transportation projects. The EDC holds development management powers within its area and will determine a range of major schemes. Legal advice is required with the delivery of these planning powers and the development and delivery of projects, a number of which will require complex land assembly. An NCIP is envisaged in the area. Bespoke legal advice will be required in many instances. In particular early advice on scoping schemes and identifying areas of risk, options for delivery and legal structures will be required. The EDC is seeking a ‘One Stop Shop’ approach from a substantial team able to draw from a broad range of in house specialists across the various fields listed below. Consortia approaches will not be considered. Legal advice will include — but is not limited to — advice on the following: — Acquisition and disposal of land; — Lease of property; — Utilities; — Transportation and highways; — Memoranda of Understanding with utilities, landowners and residual bodies; — Design Team / consultant appointments; — Procurement, including complex procurement; — State aid; — Advice on estate management issues; — Loan agreements and joint ventures; — Compulsory Purchase Orders; — Planning and NCIP Advice; — Construction contracts, CPD and HSE. Other legal matters relating to the EDC's project development and delivery activities, including day to day advice to be provided within 24 hours. The EDC is seeking to award a contract for 24 months for the provision of specialist legal advice relating to the EDC's Planning function. This will include — but is not limited to — advice on the following: — Section 106 Agreements — providing advice, drafting, attending negotiation meetings with developers, advising and drafting on Deeds of Variation and other forms of legal agreements. — Advise on NSIP applications including process and procedures and their implementation. — Land transfers / acquisitions. — Judicial Review. — Environmental Impact Regulations and assessment. — EU Habitats Directives and their implementation. — Planning procedures / conditions / enforcement of gypsy and traveller sites (including prosecutions, PACE and Proceeds of Crime Regulations). — 5 year land supply and sustainable development proposals contrary to policy. — Appeals. — Community Infrastructure Levy matters. — National legislation / guidance / policy. — Local Policy and affordable housing. — Other legal matters relating to the EDC's planning activities, including day to day advice to be provided within 24 hours. — For the avoidance of doubt the advisor will not be required to provide legal advice in support of the EDC Planning Committee except in exceptional circumstances; a provider has already been procured for this through a separate tender exercise.