Decision

To seal and complete the collateral warranties relevant to the build contract dated 07 November 2025 between Wiltshire Council and Bellway Homes Ltd for the construction of 11no. Affordable Housing Units at Rowden Park, Chippenham (Phase 4).

Reasons for the decision

The decision is pursuant to the RoOD attached dated 22 May 2025 and the Development Agreement dated 07 November 2026 and is to authorise the sealing and completion of two collateral warranties relevant to the purchase of and contracts for the construction of 11 Affordable Homes at Rowden Park, Chippenham, Wiltshire (Phase 4).

Rowden Park in Chippenham will provide a mix of 2 & 3-bedroom houses and 1 & 2 bedroom maisonettes, which will be delivered as Affordable Rent homes. The homes will be constructed by Bellway Homes Ltd (South West) and have started on site. It is estimated that all homes will reach Practical Completion by December 2026.

The Council are to own and manage the Affordable Homes as described in section 2 upon completion. The Affordable Homes are to be completed and handed over from July 2026. Each of the Affordable Homes will be allocated in line with the council’s allocations policy and will go towards meeting the affordable housing needs of Wiltshire.

The two Collateral Warranties to be sealed and completed relate to the work undertaken by the Architect (Trower Davies Limited) and the Structural Engineer (Craddy Pitchers Limited). The Collateral Warranties are in the form attached to their respective consultant framework agreements with Bellway Homes Limited, as detailed in the signed Development Agreement.

The benefit to the Council of entering into these Collateral Warranties is that they provide direct contractual protection from the Architect and Structural Engineer in relation to the design and construction of the s106 affordable housing units. This supports the Council’s ability to manage defects, protect its investment and seek appropriate remedies if issues arise, reducing reliance on the developer alone and strengthening long-term asset management and value for money.

I confirm that in making this decision I have considered the following in line with Wiltshire Council’s Constitution:

Key decision requirements:

Views of relevant cabinet member(s), committee chairman, area board(s): N/A - on this occasion, the development contract for the affordable homes has been entered into and being implemented. The requirement of the Collateral Warranties to be signed, form part of the development contract.

Consultation with cabinet member(s), the Leader and Scrutiny (for Executive decisions taken under Emergency Powers): N/A - as above.

Consultation in accordance with the council’s consultation guidance and the views emanating from that process: N/A - no consultation required.

Implication of any council policy, initiative, strategy or procedure: Yes – legal procedures and instructions followed prior to seeking approval to enter contracts.

Staffing, financial and legal implications: Yes - as above.

The assessment of any associated risks in accordance with the Council’s risk management strategy: The project has its own risk register and the
delivery of the CHBP is included within the
HRA Risk Register.

Involvement of appropriate statutory officers and/or corporate directors and directors: Yes – as per this RoOD decision making process.

Regional or national guidance from other bodies where relevant: N/A – Collateral Warranties are standard practice for s106 development agreement acquisition.

The council’s constitution, including the Procurement and Contract Rules (Part 10) and the Financial Regulations and Procedure Rules (Part 9), all relevant guidance, legislation, codes of practice, and protocols: Yes - as above.

Alternative options considered

Not to enter into the Collateral Warranties. This was discounted as the council would have less protection should an issue arise with the homes. Bellway are contractually bound to provide the Collateral Warranties.