Swindon Leisure Centre refurb deal could be 'unlawful'

A deal to reopen a derelict leisure centre could be considered "unlawful", according to a leaked council document.

Swindon Borough Council wants to fund a £20m refurbishment of the Oasis by scrapping a snow dome plan and letting Seven Capital build on the site.

But lawyers have warned the council the "new deal" includes an "unlawful modification" which breaches "public contracts regulations".

The council has been contacted for comment but has yet to respond.

The Oasis Leisure Centre has been shut since November 2020 and needs a multi-million pound refurbishment before it can reopen.

The council, which owns the freehold for the Oasis and North Star sites, revealed last week plans for a snow dome on the neighbouring North Star site was unviable.

Under new proposals, the authority wants to allow developer Seven Capital to use the site instead for housing to help fund the leisure centre's refurbishment.

But in a leaked document, seen by the Local Democracy Reporting Service (LDRS), solicitors have warned the council the new deal might be considered a "significant variation" to the agreement without a "competitive tendering process" having taken place.

According to the legal advice, if the new deal is "subject to public contracts regulations" any amendment must comply with procurement law which "generally prohibits substantial changes to regulated contracts".

Solicitors added the change was "likely to be substantial" and the new agreement could be open to a legal challenge, seeking to cancel the contract or seek damages.

"We consider there is at least a medium to high risk of this challenge being successful," solicitors said.

The council's cabinet is due to discuss the proposal on 15 November.

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