Rydon enters into Contract and joins RAS
Rydon enters into Contract and joins RAS
On 21 July 2023 Rydon was invited to apply to join the RAS. To join the Scheme, eligible developers had to sign the SRTs. Failure to do so would, as set out above, lead to the developer being added to the Prohibitions List. On the same date, Rydon was informed by KDG that the RMCs had applied to the BSF in respect of remediation works to the Cable Street Buildings. Rydon had not been aware before this date that such applications had been made. In fact, that application process had commenced in 2021.
Approval for full funding was communicated to the RMCs on 21 August 2023 (for Arta House and Ikon House) and 24 August 2023 (for Stylus House), at which point the buildings reached ‘Stage C’ under the Contract. The SoS then worked with the RMCs and the Greater London Authority (“GLA”) to draw up the GFAs, with planned start dates for the works being 30 October 2023 (Ikon House), 15 December 2023 (Arta House) and 15 January 2024 (Stylus House). The terms of the GFAs were not disclosed to Rydon until much later in June 2024.
On 15 September 2023, Rydon entered into the Contract. As at that date, the Cable Street Buildings were at Stage C in that grant funding had been approved although the SoS had not signed an agreement to that effect. On the same date, pursuant to Clause 13.2 of the Contract, Rydon applied to the Department to request the transfer of the Cable Street Buildings from the Funds to Rydon (“the Transfer Request”) to allow Rydon to undertake the remediation works. In its letter of the same date, Rydon stated that it would be able to commence the remediation works within 28 days of confirmation that the Transfer Request had been accepted.
On 18 September 2023 Rydon formally applied to join the RAS and was registered as a member.
- Heading
- Introduction
- Background
- Background to the contract between Rydon and the SoS (“ the Contract ”)
- Building Safety Act 2022 and RAS Regulations
- Relevant contractual provisions
- Rydon enters into Contract and joins RAS
- The process leading to the Decisions
- Since the decisions
- Agreed List of Issues
- Amenability to and Scope of Judicial Review
- Amenability - Discussion
- Ground 1 – Breach of Natural Justice
- Ground 1 – Discussion
- Ground 2 – Breach of Tameside duty
- Ground 2 - Submissions
- Ground 2 - Discussion
- Ground 3 – Failure to take account of Material Considerations
- Ground 3 - Discussion
- Grounds 4 & 5 – Predetermination / Improper Motive
- Ground 6 – Wednesbury irrationality / Failure to provide reasons
- Conclusions
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