The Provision of Town Planning Legal Advice Services

Frimley Health NHS Foundation Trust ("the Trust") is seeking to procure a provider for the provision of specialist town planning legal advice services in connection with the New Hospital Programme at Frimley Park Hospital, Heatherwood Hospital and the Trust's existing estate (Ref C468556).

The procurement is for the provision of specialist planning legal services, providing legal advice, drafting, negotiation, advocacy support and representation across the full range of town and country planning and related matters arising under the law of England and Wales, in support of the planning approval process for the three sites associated with the Trust's New Hospital Programme during RIBA Stages 2 to 4.

The scope includes, but is not limited to:

• Strategic planning advice, risk assessment and legal input on planning strategy and the programme of consents;
• Advice on planning applications, consents, conditions, variations and certificates of lawfulness;
• Heritage, listed building and related statutory consents;
• Negotiation and drafting of section 106 agreements, unilateral undertakings and Community Infrastructure Levy (CIL) advice;
• Highway and transport agreements under sections 278 and 38 of the Highways Act 1980;
• Management of planning appeals, inquiries and hearings, including instruction of counsel and expert witnesses;
• Enforcement and compliance advice, including responses to enforcement notices and related appeals;
• Judicial review and statutory challenge advice under the Town and Country Planning Act 1990;

*Environmental Impact Assessment (EIA), Habitats Regulations Assessment (HRA) and biodiversity net gain advice;

*Governance, committee and decision-making advice, and information rights support.

The appointed provider will be expected to deliver responsive, commercially focused legal advice on a matter-by-matter basis, working as part of an integrated professional team and co-ordinating with the Trust's planning consultants and the wider design and construction programme. The Trust operates from a live, occupied acute site and places a strong emphasis on stakeholder engagement, transparency and the management of planning risk.

The initial contractual commitment is for RIBA Stage 2 only. The anticipated overall contract term is two years, subject to the time required for RIBA Stages 2, 3 and 4 to be completed and planning approval obtained; the Trust reserves the right to extend the contract to include RIBA Stages 4 and 5. The contract duration under this notice is for the provision of the town planning legal advice requirements only, and does not represent or imply any timeframe for completion of the wider New Hospital Programme or the Trust's retained estate works.

This procurement is being conducted as an open procedure under the Procurement Act 2023. Interested suppliers must submit a full tender by the deadline stated in the tender documents, including responses to the conditions of participation, which are assessed on a pass/fail basis.