Find a TenderAwarded without competition
Published 30 Jun 2023, 14:26 BST

Official UK procurement notice

Warwick Bar - Land at Fazeley Street

Official notice

Authority: Homes England (the name adopted by the Homes and Communities Agency) (Public body)

WorksAward procedure without prior publication of a call for competition
Awarded value£400,000published contract · exc. VAT
Awarded 19 Jun 2023no call for competition
Awarded to Digbeth Loc Limited

What is being bought

Published requirement description

This notice relates to an Agreement for Lease and accompanying Lease between the Homes and Communities Agency (trading as Homes England) and Digbeth Loc Limited for a term of 200 years relating to the Banana Warehouse and accompanying land at Fazeley Street, Digbeth, Birmingham, B5 5RT. The subject matter of this contract is not considered by the contracting authority to represent a procurement as defined by the Public Contract Regulations 2015. The resulting agreement includes protections but no controls or positive obligations which would result in this land transaction being considered a procurement of Works or Services. This notice is published on a voluntary basis to satisfy the transparency requirements of both parties to the contract.

The value published at II.1.7 and V.2.4 represents the land value to be paid to Homes England as a result of this land transaction, which has been certified as Market Value by independent RICS certified valuers.

CPV: Construction work

The lotProcurement structure

single lot · no lot value published
Lot #1The site is located approximately 1.0km (0.6 miles) to the east of Colmore Row, which…

The site is located approximately 1.0km (0.6 miles) to the east of Colmore Row, which is considered as Birmingham City Centre. Birmingham Moor Street railway station is located circa 500m away and Birmingham New Street circa 900 m. The site is approximately five minutes' walk from the proposed HS2 arrival point into Birmingham, Curzon Street station.

Homes England acquired the Fazeley Street site under the UK Governments “Single Land Programme” in 2016. The proposed parcel of land is a smaller portion of this overall site.

Birmingham City Council adopted the Birmingham Development Plan in 2017. This identifies Digbeth as a Creative Quarter and new urban village primarily centred on creative industries, leisure and residential-led mixed use development, and the Council has actively investors and developers to deliver these uses within the area.

In February 2022, Digbeth Loc Limited, an English Private Limited Company, approached Homes England with proposals to acquire a portion of the Agency’s land in Digbeth to deliver a TV studio led redevelopment by way of a direct negotiated disposal (via an Agreement for Lease). Following detailed consideration, the Agency agreed it was minded to consider the proposals and negotiate disposal terms on the basis of an Agreement for Lease at Market Value.

Such an Agreement for Lease at Market Value, as permitted and envisaged within the Public Contract Regulations 2015; the Localism Act 2012 and accompanying regulations and circulars. The Agency has taken advice from external legal advisors and King's Counsel (KC) who have confirmed their opinion that such a lease agreement stands outside the Public Contract Regulations 2015 and does not constitute a procurable opportunity for the purposes of the Regulations.

Digbeth Loc Limited have developed proposals for the delivery of a TV studio and related offices on the proposed area outlined in the Agreement for Lease. The gross development value of this scheme is, at 19/12/2022 £9,073,077 (GBP). This value has been reviewed and independently verified by RICS qualified valuers and Quantity Surveyors on behalf of the Homes England. As of 19/12/2022, an independent Red Book Valuation for the value of the area of land within the proposed Agreement for Lease has been obtained which supports the value of the transaction - Homes England is to sign an Agreement for Lease with Digbeth Loc Limited for £400,000 (GBP). This payment relates solely to the Banana Warehouse building and adjacent land to deliver a commercial TV studio premises, not the wider Fazeley Street site.

The Agency has taken the view that given the nature of the transaction that it is appropriate to publish this Notice on a voluntary basis to satisfy the transparency requirements of both parties to the contract.

Delivery: West Midlands

Procedure terms & legal framework

From the official record
Procedure method
Award procedure without prior publication of a call for competition
Legal basis
CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)
Procurement category
Works
Notice status
Awarded without competition
Procurement threshold
Unspecified in notice
Regulatory regime
Standard
Commercial structure
Stand-alone contract (no framework)
Competition type
Direct award (no call for competition)
GPA / WTO covered
Yes (GPA)
Recurring procurement
Unspecified in notice
First published
30 Jun 2023, 14:26 BST
Last source update
30 Jun 2023, 14:26 BST
Authority reference
DN647625
FTS notice number
2023/S 000-018701
Classification (CPV)
Construction work
Delivery area
West Midlands (UKG31)
Official registry OCID
ocds-h6vhtk-03ddec Find a Tender
Why no open competition
The procurement falls outside the scope of application of the directive
Published justification

The subject matter of this contract is not considered by the contracting authority to represent a procurement as defined by the Public Contract Regulation 2015. The resulting agreement includes protections but no controls or positive obligations which would result in this land transaction being considered a procurement of Works or Services. This notice is published on a voluntary basis to satisfy the transparency requirements of both parties to the contract.

Commercial outcome & contract awards

Published awards, contracts and bid statistics, not a forecast
Awards 1
Awarded value £400,0001 contract exc. VAT
Contracts signed 1latest 19 Jun 2023
Awarded toValueDateStatus
Digbeth Loc Limited£400,000 †—Awarded

Contracts

Contracting authority & participating public bodies

Homes England (the name adopted by the Homes and Communities Agency)

Contracting authorityPublic bodyNational or federal agency/officeHousing and community amenities 1 Friargate, Coventry, West Midlands, CV1 2GNContact email

Dispute resolution & review bodies

  • Royal Court of JusticeReview body London

Bidders & participating suppliers

1 commercial party on the notice
  • Digbeth Loc LimitedAwarded supplier c/o Stanhope, 2nd Floor, 100 New Oxford Street, London, London, WC1A 1HB

Official documents & specifications

Official links; attachments are not copied

No document links were published on the notice.