Key information
Decision type: CEO
Directorate: Corporate Operations
Reference code: CD008
Date signed:
Date published:
Decision by: David Lunts, Chief Executive Officer, Old Oak and Park Royal Development Corporation
Executive summary
Following the progress of its land assembly programme, OPDC now owns eight
subsidiary asset owning companies, inherited as Special Purpose Vehicles (SPVs),
which require specific financial management and other corporate services. OPDC does
not have the relevant capacity or experience in house and has determined that the best
value for money option for supplying these services is to appoint a specialist external
financial management company rather than recruit a dedicated resource as we are
looking to restructure and consolidate our holdings and reduce the number of SPVs.
This is essential to ensure the professional financial management of these subsidiaries
and to meet the obligations and responsibilities of the OPDC staff who are directors of
them.
This decision is to appoint a chartered accountancy firm for three years with the option
to extend for an additional two years, to oversee management and financial accounting
services for all acquired SPVs.
Decision
That the Chief Executive Officer approves:
- Spend of £500,000 over a 5-year period starting 1 April 2025, on the basis of a spend of £100,000 per annum with an initial 3-year contract and the option to extend for a further two years. This is to cover financial and management accounting, audit and tax services for each SPV owned by OPDC.
Part 1: Non-confidential facts and advice
1.1 As part of its Land Assembly Programme, OPDC has acquired c£200m of land
assets, some purchased directly by OPDC and others acquired through purchasing
the Special Purpose Vehicle (SPV) company which owned the asset.
1.2 This has resulted in a more complex corporate structure for OPDC, which has
added an administrative burden, increased risk of accounting error and increased
risk of tax liability.
1.3 Due to not having the skills and capacity in house to carry out the financial
management of these entities, OPDC outsourced the management and financial
accounting services for these SPVs to a third-party provider, Mercer & Hole, for the
year which ended on 31 March 2025.
1.4 Mercer & Hole have provided full year services for four SPVs, and have completed
their work on time and on budget. In particular the audits, forming approximately
50% of the expected spend, for the period ended 31 March 2025 have been
successfully completed. We have established a bi-weekly call between OPDC and
Mercer & Hole to ensure regular communication and early notification of any
issues.
1.5 In March and April 2025 OPDC acquired a further four SPVs. OPDC now intends
to manage all eight SPVs under a single contract after running a competitive
procurement exercise, in line with the Corporation’s Contracts and Funding Code
and applicable procurement legislation.
1.6For the financial period to 31 March 2025, OPDC spent £52,000 on the financial
management for three property owning companies and one holding company. The
additional two property owning companies and two holding companies acquired in
March and April 2025 are expected to cost approximately £40,000, leading to a
total annual cost of just under £100,000 for all SPVs.
2.1 OPDC will outsource the following services:
- Management Accounts – quarterly information for management to assess financial performance.
- Financial Accounts – statutory requirement to prepare accounts to file at Companies House.
- Corporation tax returns – statutory requirement to calculate and pay tax on profits earned.
- VAT returns – statutory requirement to account for and pay VAT correctly.
- Company secretarial – manage filings with Companies House.
- Other ad hoc services as required
2.2 OPDC currently does not have the internal resource to carry out these financial
management services and having assessed options for addressing these it has
been concluded that outsourcing will offer the most effective and best value for
money.
2.3 These services will be delivered over the next 5 years, on the basis of a 3-year
initial contract with the option to extend for a further two years, if OPDC elects to
exercise this option.
2.4 The number of SPVs may increase or reduce over time, dependent on further land
acquisitions and a proposed review of OPDC’s corporate structure to assess
options for simplifying our asset ownership arrangements. Simplifying the
corporate structure of OPDC should reduce administration costs (including on this
procurement) and the internal management time dealing with these SPVs.
3.1 The appointed provider will prepare and submit all the services listed in paragraph
2.1 and as these are routine services for managing small companies, so we do not
expect any issues in delivering them.
3.2 Due to the wide range yet specific nature of the required services, it would not be
cost effective to carry out these services in house. Professional service companies
have a range of departments covering each individual service (accounts, VAT,
corporation tax, company secretarial), so can access expertise at minimal cost,
delivering value for money for OPDC.
3.3 The costs associated with the financial management of our SPVs will be charged
against any associated tax liabilities.
4.1 This proposal is an important part of the effective stewardship of OPDC’s Land and
Property assets and is required to meet the statutory obligations of OPDC and of
its employees who are appointed as directors of the SPVs.
4.2 The financial management of the SPVs will also simplify OPDC’s offer when
working with developers in future years to regenerate the Old Oak area. OPDC will
need to demonstrate that it has good financial management and control, which
these services will help to provide.
5.1 As part of the procurement exercise OPDC will agree clear timetables and
deliverables for each of the services outlined in section 2.1. A monthly data share
with the successful bidder will be established, and bi-weekly meetings will be held
with the OPDC finance team to ensure regular communication and issues are
raised in good time.
5.2 The Project Lead will be the Senior Finance Business Partner and the Senior
Responsible Officer will be the Head of Finance. Further review will take place by
the directors of the SPVs (currently the Chief Finance Officer and Executive
Director - Development).
5.3 The appointed consultant’s performance will be assessed by whether the
management and statutory deadlines are met for each SPV, in addition to
responsiveness to ad hoc queries. At the end of the first three years, OPDC will
decide whether to extend the contract for a further year(s).
6.1 This work will reduce OPDC’s financial risk by ensuring each entity has strong
financial controls in place, and accounts and tax returns are prepared and
reviewed on a regular basis.
6.2 This work will reduce the risk for the directors of each SPV as they will have fewer
statutory responsibilities if the number of SPVs is reduced.
6.3 Costs will be managed by clearly agreeing an annual fee for service set out above.
7.1 Under Section 149 of the Equality Act 2010, as a public authority, OPDC must
have ‘due regard’ to the need to eliminate unlawful discrimination, harassment and
victimisation as well as to the need to advance equality of opportunity and foster
good relations between people who share a protected characteristic and those who
do not.
7.2 The protected characteristics and groups are: age, disability, gender reassignment, pregnancy and maternity, race, gender, religion or belief, sexual orientation and marriage/ civil partnership status. Fulfilling this duty involves having due regard to: the need to remove or minimise any disadvantage suffered by those who share a protected characteristic or one that is connected to that characteristic; taking steps to meet the different needs of such people; and encouraging them to participate in public life or in any other activity where their participation is disproportionately low. Compliance with the Equality Act may involve treating people with a protected characteristic more favourably than those without the characteristic. The duty must be exercised with an open mind and at the time a Decision is taken in the exercise of the OPDC’s functions.
8.1 Strong financial management of the SPVs is integral to long-term investment
considerations as we prepare to engage the market for partners to bring forward
the Old Oak scheme. This will act as one of many steps that enables us to
effectively ascertain our capacity to deliver inclusive and sustainable development.
Social value commitments will be considered during the procurement process.
9.1 There are no other considerations that need to be considered in the taking of this
decision.
10.1 No one involved in the preparation or clearance of this Form, or its substantive
proposal, has any conflict of interest.
11.1 Will not affect Corporate Operations bottom line budget as the costs that come in
will be apportioned to their respective SPVs. These costs have been included in
the asset management budget for future years.
12.1 The foregoing sections of this report indicate that the decision requested of the
Chief Executive Officer concern the exercise of the Authority’s general powers;
falling within the Authority’s statutory powers to do such things considered to
further or which are facilitative of, conducive or incidental to the promotion of
economic development and wealth creation in Greater London; and in formulating
the proposals in respect of which a decision is sought officers have complied with
the Authority’s related statutory duties to:
- pay due regard to the principle that there should be equality of opportunity for all people;
- consider how the proposals will promote the improvement of health of persons, health inequalities between persons and to contribute towards the achievement of sustainable development in the United Kingdom; and
- consult with appropriate bodies.
12.2 In taking the decisions requested, the Chief Executive Officer must have due regard to the Public Sector Equality Duty; namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010, and to advance equality of opportunity between persons who share a relevant protected characteristic ( age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation) and persons who do not share it and foster good relations between persons who share a relevant protected characteristic and persons who do not share it (section 149 of the Equality Act 2010). To this end, the Chief Executive Officer should have particular regard to section 7 (above) of this report.
12.3 All procurements of works, services and supplies required for the project must be
procured in accordance with the Authority’s Contracts and Funding Code (the “Code”) and, where the value exceeds £150,000, in accordance with the Procurement Act 2023. Furthermore, the officers must liaise with Transport for London’s procurement and supply chain team, which will determine the detail of the procurement strategy to be adopted in accordance with the Code and the Procurement Act 2023. Officers must ensure that appropriate contractual documentation be put in place and executed by chosen service provider/supplier and the Authority before the commencement of the attendant services.
Signed decision document
CD008 - Accountancy Services