Smithfield Birmingham - Variation of Joint Venture Development Agreement

This notice concerns the intended variation of a Joint Venture Development Agreement ("JVA") covering the development of the scheme known as Smithfield Birmingham that was awarded to Lendlease Smithfield Development LLP (JVA PSP) (a subsidiary of Lendlease Europe, guaranteed by Lendlease's Australian parent company, Lendlease Corporation Limited) ("Lendlease") pursuant to a procurement carried out under the Public Contracts Regulations 2015 ("PCR 2015") that was advertised via a contract notice with reference 2017/S 148-305798 on 4 August 2017. The JVA was entered into between BCC and JVA PSP on 28 June 2021. Details of the intended variation are given in sections II.2.4 and IV below. Birmingham City Council ("BCC") considers that the variation of the JVA is permitted without requiring a new procurement procedure in accordance with Regulation 72(1)(e) of the PCR 2015 for the reasons set out in this notice.