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This notice relates to an arrangement which includes a series of agreements, with the main object being a land transaction which the Council considers is exempted under paragraph 8, Schedule 2 of the Procurement Act 2023, (an agreement for the acquisition of land and buildings). The Council considers that the land transaction pursuant to the Land Swap Agreement (as further detailed below) will not meet the definition of public "works contract" as Berkeley will not be obligated to complete any works pursuant to it. The arrangements do include a series of ancillary agreements, as further set out below. This includes an agreement for the conditional purchase and development of Linear Blocks. Should any of the arrangements ultimately be considered caught within the definition of a public works contract, the Council considers it has reasonable grounds for a direct award under Schedule 5 of the Procurement Act 2023 in the circumstances (as explained below). By way of background, Bath Western Riverside is a major component of the Council's SHLAA and housing delivery trajectory. The project was committed in 2010 and has successfully delivered 854 new homes with 25% affordable housing
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