Issue details

20/00023 - Letting of the building contract for the Barton Court Academy Trust Free School Project, Canterbury


KCC is delivering the construction of the new Barton Court Free School on the former Chaucer School site in Canterbury. The DfE has appointed KCC to act as the Local Delivery Agent (Responsible Body), with Gen2 acting as KCC’s Agent. As the Responsible Body, KCC will be the contracting authority for the purpose of delivering the scheme. The new school will be located on part of the former Chaucer School site, with the remainder allocated to the land disposal programme.


Decision type: Key

Reason Key: Expenditure or savings of more than £1m;

Decision status: Recommendations Approved

Division affected: Canterbury City South;

Notice of proposed decision first published: 03/03/2020

Anticipated restriction: Fully exempt  - View reasons

Explanation of anticipated restriction:
the supporting paperwork contains commercailly-sensitive information

Decision due: Not before 11th Mar 2020 by Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Reason: To allow for the minimum 5 clear working day notice.

Lead member: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Lead director: Rebecca Spore

Department: Strategic & Corporate Services

Contact: Andrew Chauvin, Capital Commissioning Consultant 3000417953 Email:


Consultation on the provision for the new school has been undertaken by the DfE as part of the free school commissioning process.


A pre-planning application consultation exercise has also been undertaken with the local community surrounding the site as part of the successful planning application noted above.


Cabinet Committee

The Barton Court School project was considered at 8th November 2019 Policy and Resources Cabinet Committee.


In response to Cabinet Committee member comments at the 8th November 2019 P&R Committee, further work was undertaken to review and consider the contract and legal implications prior to this Phase 2 decision being progressed.


An urgent Decision is required prior to the completion of the 28 day FED publication period and the 20 March 2020 P&R Cabinet Committee meeting, to avoid increased costs to the Council and Academy Trust. Members will be consulted in advance on the Proposed Record of Decision.


Financial implications: The main contract sum amounts to £20,690,642. This is funded by the Project Delivery Grant provided by the Department for Education. KCC applies for the grant on a stage by stage basis. Business Plan: The Educational Commissioning Plan includes the requirement for a new 5FE Secondary School on the former Chaucer Technology site in Canterbury.

Legal implications: A detailed planning application was lodged with KCC Planning Group, with consent granted by 6th November 2019 Committee for the new school. It is the intention to enter into a Department for Education Bespoke Design and Build (2018 edition) building contract with Kier Construction for the Main Contract works This form of contract has been designed for use with procurements from the Department for Education Construction Framework 2017 and is suitable for Local Authorities and other public bodies. KCC will also enter into a Development Agreement and a Works Funding Agreement with the DfE governing the payment of grants and transfer of the new school when complete. Separate legal advice has been obtained by the General Counsel’s Office that confirms that the proposed form of contract is suitable for this application.

Equalities implications: None


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