DELEGATED PORTFOLIO MEMBER
Title of Report: Waveney Sunrise Scheme – Contract Approvals July 2006
Report Ref: RE409
Portfolio: REGENERATION AND ENVIRONMENT (Economic Regen.)
Portfolio Holder Details: Cllr Mawer Tel - 07788 892838
Meeting Date 23 August 2006 Identify which
Continue to regenerate Report Author and Tel No Paul Moss Lowestoft, the market
towns, the rural areas and 01502 523392 the sub region.
Is the report Open or Exempt? Open
MATTER FOR DECISION
Approval is required to: -
Extend the contract for services as the schemes lead artist,
Proceed with a one off out of court settlement for alleged breach of patent rights, and To enter into agreement with SCC for land at Horn Hill Lowestoft to be dedicated as Highway. EXTERNAL CONSULTATIONS HELD
OTHER OPTIONS CONSIDERED AND REJECTED Not to complete the art related items forming part of the scheme.
Legal action in respect of the one off payment was rejected, as legal cost would have far outweighed
the settlement cost.
Not proceeding with the dedication would prevent construction of the link road from the ASDA
roundabout to the Clifton Road car park, which is central to sustaining Kirkley as part of the south
Lowestoft associated measures.
The employment costs for the artist will be covered by Financial Implications
The cost of the one off settlement is ?750 to be paid from
Minor legal costs will be associated with the dedication,
which will be paid for from Sunrise budgets.
Settlement will prevent WDC and partners being sued for Legal Implications
alleged breach of patent rights.
WDC will still own the land but it will be dedicated as
No Human Resources Implications
Best Value Implications No
Human Rights Implications No
Community Safety Implications The link road includes several measures to improve
personal safety and reduce crime within the regenerated
areas of Kirkley. Measures include, street lighting to Part
9 national safety standard, increased and enhanced
Asset Management Implications WDC will still own the land but it will be dedicated as
Key Decision No
The lead artist was procured through Commissions East to deliver the art elements of the scheme,
following an initial competitive selection procedure. The initial contract was due to complete by March 2006 but to enable completion of several new art interventions it is proposed to extend the contract under contract procedure exception rule 2(c) until March 2007 on the same conditions.
As part of the Sunrise scheme a bell shaped bollard was manufactured for use in pedestrian safety areas. The bollard is of unique design and is not considered by WDC officers to be in breach of any patent rights. However a bell bollard manufacturer has a patent on a differently shaped bell bollard, which he claims the WDC bollard is so similar to that it does cause a breach of patent rights. The advise from the WDC legal team is that even with no breach of patent the costs involved in
defending the claim even in preliminary legal negotiations would far outweigh the proposed one off settlement figure of ?750 that has been negotiated and agreed by the claimant. Defending the claim would be very expensive due to the nature of patent law and there is no guarantee that full costs would be awarded even if the case were successfully defended.
The land for which a dedication is requested is part of the old railway land at the northern end of Clifton Rd car park. The land is presently partly used as a ped/cycle route but is generally unkempt. The proposal is to construct a link road from the car park up to the new ASDA roundabout as part of the Sunrise regeneration works in Kirkley. The proposed construction work has delegated member
approval through the Sunrise Strategy Group.
REASONS FOR RECOMMENDATION
To maintain continuity of delivery of the art related by retaining and extending the employment of
the lead artist and to comply with WDC procedures.
1. Councillors approve extension of the lead artist contract to March 2007 under exception rule
2. Approval be given for a one off out of court settlement for alleged breach of patent rights.
3. Permission is granted to enter into an agreement with Suffolk County Council for land owned by
Waveney District Council at Horn Hill Lowestoft to be dedicated as Highway.