Funding and development agreement South Coalville Primary School

Tender description

Leicestershire County Council (“LCC”) is entering into a supplementary funding and development agreement (“DFA”) to support the new build delivery of South Coalville primary school (“School”) to fulfill s.106 obligations. The School site is owned by the developer, Harworth Estates. The site is subject to planning obligations imposed by North West Leicestershire District Council in its capacity as local planning authority and LCC in its capacity as local highway authority and local education authority in the s.106 agreement of 26 September 2016 (as varied). Under the s.106 agreement the developer is required to build a two-form entry primary school. The freehold to the site of the School will be transferred by the developer to LCC for nominal consideration at or around the time the DFA is entered into. Under a Deed of Variation to the s.106 agreement made on 21 March 2023 the developer is not obliged to build the School if the development cost is above £9m but is instead obliged to pay a contribution cost and transfer the site to LCC. Continues II.2.4 below. Lot 1: Continues from II.1.4 above. The developer must consult with LCC if the development cost is in excess of £9m on possible alternatives and has absolute discretion as to whether to agree alternative routes to deliver the School. The LCC intends to enter into the DFA with the developer which will provide up to £3m support funding if the School development cost exceeds £9m in order to facilitate its delivery. The DFA will also address specification requirements, certification and step-in rights to protect LCC’s interests relating to making the funding contribution available. The developer is delivering a wider housing development scheme of up to 2,700 dwellings in the area as consented for in the relevant outline planning permission and the School forms part of the planning requirements under the s.106 agreement. Additional information: The date in V.2.1 below relates to the approval by LCC to proceed with the DFA.