Development Consultation Draft Residential From ... · 2POLICYCONTEXT National-ODPMCircular05/2005 2.1 Circular05/2005(Planning Obligations)containsGovernment adviceontheapplicationofSection106

1

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1Consultation Arrangements

3INTRODUCTION1

Body0

4POLICY CONTEXT2

7LOCAL JUSTIFICATION3

9THE CRITERIA FOR EDUCATION CONTRIBUTIONS4

10THE FORMULA FOR NEGOTIATING SECTION 106 AGREEMENTS5

12USE AND MONITORING OF SECTION 106 AGREEMENTS6

13STANDARD LEGAL AGREEMENT7

Appendix0

14Supply of School Places1

16Number on roll and capacity at primary schools in LB Sutton2

19Number on roll and capacity at secondary schools in LB Sutton3

21Child yield figures for LB Sutton4

22Education contributions for two, three and four bedroom units5

23Calculating the child yield for a specific example6

24Example of Standard Agreement7

29Translation Page

Education Contributions From Residential Development Consultation Draft

Contents

Consultation Arrangements

CONSULTATION ARRANGEMENTS

1.The period of public consultation over this document is six weeks: between 25September 2007 and 6 November 2007. All comments must be received by 17:00on Tuesday 6 November 2007.

2.Comments should ideally be made on the electronic response form on the Council’swebsite at www.sutton.gov.uk/environment/suttondevelplan or emailed [email protected]. You can also make comments on the standard response formenclosed at the back of the document which should be sent to:

Mark McLaughlin

Freepost SEA 0135

London Borough of Sutton

Strategic Planning & Projects

Environment & Leisure

24 Denmark Rd

Carshalton, SM5 2JG

3.If you want to discuss any issues raised in this document please contact MarkMcLaughlin or Keith Fraser on 020 8770 5345.

4.In dealing with the outcome of the consultations the Council will:

I.Acknowledge all responses made;

II.Contact you if we need to clarify any points you have raised;

III.Summarise all responses;

IV.Prepare a report to Councillors on all responses and set out the Council’s viewson these, including recommendations on the way forward. This report will be madepublicly available on the Council’s website (http://www.sutton.gov.uk) and in locallibraries; and

V.Send you a letter telling you when and where the report on the outcome of thisconsultation is available.

5.The London Borough of Sutton handles personal data in accordance with the DataProtection Act 1998. Please be aware that by providing your contact details you areconsenting to your data being used in this way.


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http://www.sutton.gov.uk/environment/suttondevelplan

mailto:[email protected]

http://www.sutton.gov.uk

6.If you want independent help and advice on this consultation document or anyother planning matter you can contact Planning Aid for London on Tel: 020 72474900 or by emailing [email protected].

7.Useful general information on the planning system can be found on the PlanningPortal (http:www.planningportal.gov.uk), which is managed by the Government’sPlanning Inspectorate.


Consultation

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http://www.planningportal.gov.uk

1 INTRODUCTION

1.1 New housing development in theLB Sutton has the potential to increasethe number of children within theBorough and therefore to place greaterdemand upon existing educationalresources. Schools in LB Sutton arecurrently under pressure in terms ofdemands on existing educationalfacilities, particularly in the secondaryschool sector (See Appendix 1 ‘Supplyof School Places’), and the Council haslimited means with which it canundertake expansion of these facilities.

1.2 LB Sutton recognises that it maybe necessary to seek contributions fromdevelopers in order to facilitateimplementation of an acceptabledevelopment.

1.3 This draft Supplementary PlanningDocument (SPD) updates the existingSupplementary Planning Guidance“Education Contributions fromResidential Developments” (February2003). It sets out the context to thenegotiation of Section 106 Agreementsfor education contributions fromresidential developments; outlines thecriteria whereby LB Sutton will beseeking education contributions; sets outthe formula used for negotiating Section106 Agreements; discusses themonitoring procedures to ensure that

education contributions are spentcorrectly; and sets out a standard draftagreement (for use where only educationcontributions are required), which will beused to streamline the process.

1.4 LB Sutton is not alone amongLondon Boroughs in seeking educationcontributions from developers.Education contributions are wellestablished as a planning obligation forresidential developments. Several otherLondon Boroughs also have adoptedplanning guidance seeking educationcontributions from developers: forexample, Camden, Barnet, Haringey,Kingston, Hillingdon, Richmond,Croydon, Redbridge and Southwark.

3Education Contributions From Residential Development Consultation Draft

1INTR

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2 POLICY CONTEXT

National - ODPM Circular 05/2005

2.1 Circular 05/2005 (PlanningObligations) contains Governmentadvice on the application of Section 106of the Town & Country Planning Act1990 (as amended by the Planning &Compensation Act 1991). This advicestates that where a proposeddevelopment would, if implemented,create a need for a particular facility thatis relevant to planning but cannot berequired through the use of planningconditions, it will usually be reasonablefor planning obligations to be secured tomeet this need. For example, if aproposed development would give riseto the need for additional or expandedcommunity infrastructure, for example,a new school classroom, which isnecessary in planning terms and notprovided for in an application, it mightbe acceptable for contributions to besought towards this additional provisionthrough a planning obligation.

2.2 As set out in Circular 05/05, wherethe combined impact of a number ofdevelopments creates the need forinfrastructure, it may be reasonable forthe associated developers’ contributionsto be pooled, in order to allow the

infrastructure to be secured in a fair andequitable way. In some cases, individualdevelopments will have some impact butnot sufficient to justify the need for adiscrete piece of infrastructure. In suchinstances, local planning authorities maywish to consider whether it is appropriateto seek contributions towards specificfuture provision. The Circular makes itclear that, in these cases, any sparecapacity in existing infrastructureprovision should not be credited toearlier developers. Similarly, where alocal authority or other body provides anitem of infrastructure necessitated by thecumulative impact of a series ofdevelopments before all thedevelopments have come forward, thelater developers may still be required tocontribute the relevant proportion of thecosts.

Regional - London Plan (2004)

2.3 Policy 3A.21 of the London Plandeals with education facilities. It statesthat in reviewing their UDPs, Boroughsshould monitor the demands forpre-school, school and communitylearning facilities, taking into accountGLA demographic projections.Boroughs should also ensure thatadequate provision is provided inpartnership with the local educationauthority, local strategic partnership andusers.

2.4 Policy 3A.21 states further thatBoroughs should provide a criteria-basedapproach to providing different types ofeducational facilities and expandingexisting facilities, including:

the need for new facilities;

Education Contributions From Residential Development Consultation Draft4

2POLIC

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the potential for the expansion ofexisting provision;

the possibility of inter-Boroughprovision;

the protection of Metropolitan OpenLand, Green Belt and other openspaces in London;

accessibility by public transport;

accessible design and safety;

the impact on neighbouring use.

2.5 The London Plan states that by2016, London’s school age populationis projected to increase by almost 8%.Just over half of this total growth of140,000 is expected to be in outerLondon. The London Plan further statesthat Boroughs should ensure thatadequate school provision is providedto cope with this increase, including theavailability of land for any potentialschool expansion.

2.6 The London Plan also states thatBoroughs should, where appropriate,employ planning obligations to addressshortfalls in schools’ capacity, arisingfrom new housing development.Developers may be required tocontribute to funding one-off capital costsof providing new, permanent andtemporary classroom space in order tomeet rising school rolls. Further,demand for additional special needs andpre-school facilities may also arise.

Draft Further Alterations to the Plan(May 2006)

2.7 Policy 3A.21 has been amendedwithin the Draft Further Alterations to theLondon Plan (May 2006) to emphasise

the need to achieve full use of schoolsin the evenings and weekends.Additionally, it is noted that informationregarding strategic education needs isset out in the Sub-Regional DevelopmentFrameworks. Learning and skillsremains one of the Mayor’s priorities forplanning obligations.London

South London Sub RegionalDevelopment Framework

2.8 The South London Sub RegionalDevelopment Framework sets outinformation regarding the strategiceducation needs in the sub-region. In2005 there were 224,980 pupils in southLondon in 552 schools. The number of5-15 year olds is projected to increaseby over 12% by 2026. However, it isnoted that changes in school provisionwill not exactly reflect demographicchanges due to the impact of pupilpreference, admissions policies ofschools, and government policy (forexample, the development of academiesand the government commitment toevery secondary school in the countrybeing refurbished or rebuilt within 15years from 2005/06).

2.9 The SRDF notes that there issignificant pupil movement from innerLondon boroughs into schools inboroughs within the sub-region. Inrelation to the maintained sector, Suttonis a net importer, with pupils comingmainly fromMerton and Croydon. Thereis a high level of independent sectorprovision in South London, howeverSutton has the lowest level within thesub-region.


2POLICYCONTE

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Local - London Borough of SuttonUnitary Development Plan April 2003

2.10 The Sutton Unitary DevelopmentPlan contains two policies through whichthe Council seeks developercontributions from new developmentlikely to generate additional demand foressential community facilities. PolicyCL2 (Additional Demand for Facilities)states: “Where proposed newdevelopment is likely to create additionaldemand for essential communityfacilities, the Council will ensure, as faras practicable, that planning permissionis granted only where adequate facilitiescan be provided”.

2.11 The amplification to Policy CL2refers to Circular 1/97 (now supersededby Circular 05/05) and PPG1 (nowsuperseded by PPS1) and indicates that,where appropriate, relevant planningagreements, including communityfacilities related to the development,should be negotiated.

2.12 Policy IMP1 outlines the natureand scale of the planning agreementsthat the Council will seek to obtain,where additional demand for facilities iscreated. Policy IMP1 states: “Whereappropriate, the Council will seek tosecure planning obligations or unilateralundertakings from developers to providecommunity benefits”.

2.13 The justification for Policy IMP1is set out at paragraphs 13.10-13.19.Paragraph 13.14 states: “One of themost important applications of PolicyIMP1 is the use of planning obligationsto help meet the educational costsarising from new housing development”.

2.14 It is therefore clear that there ispolicy support within national, regionaland local guidance for contributions

through planning obligations foreducational facilities from developers ofresidential schemes.


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3 LOCAL JUSTIFICATION

3.1 The Sutton Unitary DevelopmentPlan was adopted in 2003 and, togetherwith the London Plan, forms thedevelopment plan for the Borough. Theamplification (Paragraph 13.15) to PolicyIMP1 (Planning Obligations) deals withdeveloper contributions for schoolplaces. It states that: “the Council willonly seek developer contributions to fundextra school places in areas where needhas been shown to exist in localschools”. Whilst this applies to primaryschools, secondary schools have aBorough-wide catchment and theapplication of this Policy has thereforebeen refined.

3.2 The Council will seek contributionsfor primary and secondary schools ondifferent bases. For primary and nurseryschools, children tend to use their mostlocal school. The majority of primaryschool students live within one mile oftheir school. The situation thereforeneeds to be considered on acase-by-case basis. For the secondaryschool sector, however, contributionsfrom developers will be sought on aborough-wide scale. This is becausethe borough is relatively small and hasno natural boundaries. It is quite

common for children to travel from oneside of the borough to the other forsecondary education.

3.3 The amplification (Paragraph 8.35)to Policy CL5 (Land Safeguarded forEducation Purposes) deals withprojected demand for secondary schoolprovision in the Borough. Itstates:“Projected additional demand forsecondary school provision in theBorough will be met largely by the newOverton Grange High School at VentnorRoad, which will eventually provide for1050 places including a sixth form”. Asdetailed in Appendix 1 (Table 2), this isno longer the case and there is ashortage of secondary school places inthe Borough.

3.4 Appendix 1 (Table 2) demonstratesthat there are approximately 3% surplusplaces at secondary schools in Sutton,even including places provided throughtemporary classrooms. The AuditCommission recommends this figureshould be 5% to enable a LocalEducation Authority to cope withfluctuations in pupil numbers. TheBorough is deemed to be at capacitywhen this figure is less than 5%. As setout in Appendix 1, the pupil numbers insecondary schools in the Borough arepredicted to continue to rise. Therefore,all appropriate residential developmentswill require a contribution as detailed inAppendix 5.

3.5 Surplus places in primary schoolsrepresent 5% of the total places inSutton schools. The Audit Commissionrecommends that this figure should be5% to enable a Local EducationAuthority to cope with fluctuations inpupil numbers. The surplus places are


3LO

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not consistent throughout the Borough(see Appendix 2 ‘Number on roll andcapacity at primary schools in LB Sutton’for details). Furthermore, surplus placesin two primary schools will be convertedto Special Educational Needs (SEN)provision which will mean the forecastroll compared to net capacity will remainat the Audit Commission’s minimum 5%.In addition, there are 55 temporaryclassrooms in Sutton primary Schools,representing 1,300 places.

3.6 The Borough will decide whethera contribution is required from adeveloper with regard to the primarysector based on the following:

the location of the development, i.e.whether or not it is in a specific areawith few (i.e. 5% or less) or nosurplus places;

the quantity of temporaryclassrooms in the local schools; and

the size of the development, i.e.whether a single developmentwould have a large impact onschool places in the local area,particularly if it would prevent pupilsfrom existing neighbourhoods beingable to attend existing popularschools.

3.7 Appendices 1 and 2 set out thecurrent situation in Sutton in relation topressures on school capacity and shouldbe referred to in determining whether acontribution for nursery and primaryschool provision will be sought from aparticular development.


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4 THE CRITERIA FOR EDUCATIONCONTRIBUTIONS

4.1 Education contributions will besought from all residential schemes,where there is a net increase of at leastfive units. Contributions will not besought for schemes that provide a netincrease of less than five units on thebasis of the disproportionate costsinvolved.

4.2 Contributions will be sought frommixed-use schemes that include anelement of residential use. The amountsought will only relate to the additionalchild yield created by the residentialelement.

4.3 It is clear, however, that not allresidential schemes will place demandson the education facilities within theBorough. The following types ofdevelopment will therefore not have toprovide contributions:

single bedroom dwellings, as thechild yield is likely to be low;

specialist housing for the elderlyand housing in multiple occupation(HMO) for single persons.

4.4 The Council considers that only theprivate sector element of mixed housingschemes should provide educationcontributions. Contributions will nottherefore be sought from affordablehousing units provided.


4TH

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5 THE FORMULA FORNEGOTIATINGSECTION106 AGREEMENTS

Child Yield

5.1 The estimated number of childrengenerated by a particular developmentis set out at Appendix 4. It is based onfigures set out in the Greater LondonAuthority Data Management andAnalysis Group (GLA DMAG) Briefing2005/25 (August 2005). The GLADMAG figures differentiate between 2,3 and 4+ bedroom properties. Thesefigures replace the London ResearchCentre (LRC) figures based on the 1991Labour Force Survey, which have beenutilised in the past. The GLA researchindicates that the LRC data is almostcertainly an overestimate of child yieldand should no longer be used if othersurveys with suitable attributes areavailable. The GLA research suggeststhat a recent survey in Oxfordshire ofchild yield from new dwellings is a very

robust survey and the results aresuitable for Outer London boroughs. Thedata is based on owner-occupieddwellings, which has a lower child yieldthat social rented housing.

5.2 Appendix 4 also details the costmultiplier against each child. Thesefigures represent the per pupil cost ofbuilding new accommodation. These arebased on Department for Education andSkills (DfES) figures and are updatedannually.

Primary/ Secondary School Yields/Contributions

5.3 Appendix 5 sets out the educationcontribution sought by LB Sutton for two,three and four bedroom units for nursery,primary and secondary schools in theBorough.

5.4 Appendix 6 sets out a workedexample of how the Council calculatesprimary (including non-statutoryschooling for 3 and 4 year olds, which isa standard requirement for residents inthe Borough) and secondary school childyields and education contributions for ahypothetical new-build residentialscheme comprising 10 four-bedroomunits, 5 three-bedroom units and 5two-bedroom units.

5.5 Sutton, as the Local EducationAuthority, does not provide schoolingcosts for every child in the Borough as7.6% of children within the Borough areindependently schooled (DfES March2005). This percentage has been takeninto account in the calculations foreducation contributions, as set out inAppendices 5 and 6.


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5.6 In view of the impact of significantresidential development on educationalprovision within the Borough, where aproposal involves in excess of 100residential units the contribution soughtwill be subject to further negotiation.Planning officers will consult with theCouncil’s Children, Young People andLearning Services Group in order toensure that educational needsassociated with such developments areidentified and can be met.


5TH

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6AGREEMENTS

6 USE AND MONITORING OF SECTION 106AGREEMENTS

6.1 It is important that developersentering into Section 106 Agreementsfor education purposes know where,when and how their money will bespent. The Council’s Children, YoungPeople and Learning Services Group willuse the education contributions toexpand education provision toaccommodate the additional childrenfrom a proposed development.Examples include providing additionalschool places, providing new schools orschool buildings, replacing temporarybuildings that may have been redundantwithout the additional demand from thedevelopment with permanent new build,and providing additional facilities e.g.school libraries, which are a direct resultof the additional demand by theadditional children. Contributions willnot be used to fund school revenueexpenditure. In accordance with Circular05/05, in the event that contributions aremade towards specific infrastructureprovision but the infrastructure is notprovided within an agreed timeframe,arrangements will be made forcontributions to be returned todevelopers.

6.2 The Council’s Strategy Committeemust agree expenditure of developercontributions for the development andimplementation of education projects.In this way both Elected Members andthe public are able to see that theexpenditure is appropriate, properlyjustified and that it meets the requisitelegal tests. A section 106 database ismaintained, and incorporates a range ofinformation in relation to planningagreements including details of thedevelopment site, relevant dates forreceipt of funds, the purpose of theobligation and level of funding andwhether there is financial approval forthe expenditure of funds.

6.3 During negotiations, whereverpossible, developers will be informed ofthe projects that their contributions willbe likely to help fund. Given the timelapse from the planning application tothe completion of the houses, andtherefore the additional pupils, this willnot always be possible. Developers orinterested parties are welcome to contactthe Council to enquire as to the use ofs106 obligations.

6.4 Further details regarding the useand monitoring of s106 agreements isset out within the Council’sSupplementary Planning Document onPlanning Obligations.


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7 STANDARD LEGAL AGREEMENT

7.1 In the cases where section 106requirements are known, developers areinvited to submit executed unilateralplanning obligations as part of theirplanning application. The Council hasa standard unilateral legal agreement foruse in such cases (See Appendix 7‘Example of Standard Agreement’).

7.2 If the proposal involves a morecomplex agreement, wherever aneducation contribution is sought from adeveloper, developers are encouragedto submit a draft s106 agreement withtheir planning application, using thestandard legal agreements that areavailable from the Council’s website(www.sutton.gov.uk). Where aneducation contribution is sought from adeveloper, the following standard clausewill be inserted into the Section 106Agreement. “Before commencement ofdevelopment, the sum of £**** shall bepaid to the London Borough of Sutton inorder to improve education provisionwithin the Borough”

7.3 If a planning agreement orunilateral obligation is not complete orsubstantially complete when theapplication is presented for decision, thiswill be a factor in the recommendationthat is made.

7.4 In addition to the EducationContribution that developers will berequired to pay, an additional 2.5% ofthe stated amount will be required for allagreements over £10,000 to cover theCouncil’s estimated costs in monitoringcompliance with the terms of theplanning obligation. The Council mayalso require reimbursement of its legalcosts either where the unilateralobligation does not conform to theCouncil’s recommended format or wherethere are complex title issues. Theadministration/monitoring fee formonetary obligations will be capped ata maximum of £10,000.


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Appendix 1 Supply of School Places

To be updated annually every August.

Primary/Nursery:

2010/112009/102008/092007/082006/072005/06

130131301213099131681322013460

Projectedpupilnumbers

136761376613856139461403614009Total NetCapacity

95%95%95%94%97%96%% of NetCapacity

Table 1.1 Projected Primary Pupil Numbers Compared to Net Capacity

Projected Primary Pupil Numbers Compared to Net Capacity

8000

9000

10000

11000

12000

13000

14000

2005/06 2006/07 2007/08 2008/09 2009/10 2010/11

Year

Num

ber

Projected Pupil Numbers Total Net Capacity

Figure 1.1 Projected Primary Pupil Numbers Compared to Net Capacity


Appendix

1Supply

ofSchoolP

laces

Secondary:

2010/112009/102008/092007/082006/072005/06

127201293712974130031305712953Secondary<16

342033733355327531943215Secondary16+

161401631016329162781625116168SecondaryTotal

167501675016750167501675016750Total NetCapacity

96%97%97%97%97%97%% of NetCapacity

Table 1.2 Projected Secondary Pupil Numbers Compared to Net Capacity

Projected Secondary Pupil Numbers Compared to Net Capacity

10000

11000

12000

13000

14000

15000

16000

17000

18000

2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11

Year

Num

ber

10000

11000

12000

13000

14000

15000

16000

17000

18000

Series2Series1

Figure 1.2 Projected Secondary Pupil Numbers Compared to Net Capacity


App

endix1Sup

plyof

Schoo

lPlaces

Appendix 2 Number on roll and capacity atprimary schools in LB Sutton

Surplus placesas a percentageof net capacity

SurplusCapacityat Jan2007

NetCapacity atJan 2007

Number onRoll at Jan

2007

School

1146418372Abbey Primary

0-1245246All Saints' Benhilton CEPrimary

-2-4240244All Saints' CarshaltonPrimary

1645288243Amy Johnson Primary*

213630617Avenue, The Primary

-3-12408420Bandon Hill Primary

13420417Barrow HedgesPrimary

-21-46222268Beddington Infants'

510210200Beddington ParkPrimary

36153420267Brookfield Primary **

-1-2332334Camden Junior

-2-6249255Cheam CommonInfants'

-6-20330350CheamCommon Junior

01408407Cheam Fields Primary

-3-9307316Cheam Park FarmInfants'

312420408Cheam Park FarmJunior

1352400348Culvers House Primary

01420419Devonshire Primary


Appendix

2Num

beronrolland

capacityatprim

aryschools

inLB

Sutton





2007

School

310364354Dorchester Primary

-1-2179181Foresters Primary

1339293254Green Wrythe Primary**

520396376Hackbridge Primary

-4-17396413High View Primary

-1-3360363Holy Trinity CE Junior

1978420342Manor Park Primary

12364362Muschamp Primary

-9-17192209Nonsuch Primary

-6-16252268Robin Hood Infants'

-5-17336353Robin Hood Junior

418403385Rushey MeadowPrimary

-3-12417429St Cecilia's Primary

-2-10420430St Dunstan's CEPrimary

24162158St Elphege's RCInfants'

922240218St Elphege's RC Junior

00180180St Mary's RC Infants'

01264263St Mary's RC Junior

12270268Stanley Park Infants'

-11-37330367Stanley Park Junior

1459420361Tweeddale Primary

-1-3252255Victor Seymour Infants'

-2-9411420Westbourne Primary

1368813340


App

endix2Num

bero

nrollan

dcapa

cityat

primaryscho

ols

inLB

Sutton





2007

School

Attached nurseries are not included in the above figures as they are not includedin DfES returns

* Amy Johnson Primary - Admission Number reduced from 60 to 30 from Sep 2006.

Some surplus space to be used for Children's Centre.

** Brookfield & Green Wrythe Primaries - Consulted on SEN bases, which willremove all surplus places once existing 2 Form entry children have filtered throughthe school.

Table 2.1 Number on Roll and Capacity at Primary Schools in LB Sutton 2007


Appendix

2Num

beronrolland

capacityatprim

aryschools

inLB

Sutton

Appendix 3 Number on roll and capacity atsecondary schools in LB Sutton

SurplusPlaces as aPercentage

of NetCapacity

SurplusCapacity2007

NetCapacityJan 2007

Number on Roll atJan 2007

School

67712011124Carshalton BoysSports College

1812371229Carshalton HighSchool for Girls

814218841742Cheam HighSchool

11712201203Glenthorne HighSchool

-1-1314541467GreenshawHighSchool

-3-2610001026John Fisher, TheSchool

22012421222Nonsuch HighSchool for Girls

56613391273Overton GrangeSchool

1012613221196St. Philomena'sRC High for Girls

11104968864Stanley ParkHigh School

0-4826830SuttonGrammarSchool for Boys

-5-42850892WallingtonCountyGrammar

School

-10-11411671281Wallington HighSchool for Girls


App

endix3Num

bero

nrollan

dcapa

cityat

second

ary

scho

olsinLB

Sutton

SurplusPlaces as aPercentage

of NetCapacity

SurplusCapacity2007

NetCapacityJan 2007

Number on Roll atJan 2007

School

111271121994Wilson's School

Table 3.1 Number on Roll and Capacity at Secondary Schools in LB Sutton 2007


Appendix

3Num

beronrolland

capacityatsecondary

schoolsinLB

Sutton

Appendix 4 Child yield figures for LB Sutton

4+ bed3 bed2 bedNumber per household

0.160.120.073 – 4 year olds (non-statutoryschooling)*

0.410.210.085 – 10 year olds (primary schooling)

0.310.130.0311-15 year olds (secondaryschooling)

Table 4.1 Child Yield Figures for LB Sutton

From: GLA Data Management and Analysis Group Briefing 2005/25 Child Yield(August 2005), private owner occupied dwellings from Oxfordshire survey 2004.

*Note – all Sutton’s infant/primary schools have an attached Nursery on their site.Therefore, a contribution is required for 3-4 year olds consistent with the requirementdetailed in paragraph 3.7. The figures for 3-4 year old contributions have beencalculated on the basis of data supplied by the GLA to LB Sutton.

Average Cost per pupil place (‘cost-multiplier’) for primary and secondaryschools (2006/07)

Average cost per pupil place at a nursery/ primary school

£11,202

Average cost per pupil place at a secondary school

£17,116

These figures are derived from the basic need cost multiplier and location factorwhich can be found at:http://www.teachernet.gov.uk/management/resourcesfinanceandbuilding/schoolbuildings/designguidance/costinformation/

The average cost per pupil place for nursery/ primary and secondary schools will beupdated annually.


App

endix4Childyieldfigures

forL

BSutton

http://www.teachernet.gov.uk/management/resourcesfinanceandbuilding/schoolbuildings/designguidance/costinformation/

http://www.teachernet.gov.uk/management/resourcesfinanceandbuilding/schoolbuildings/designguidance/costinformation/

Appendix 5 Education contributions for two,three and four bedroom units

To make a simple calculation manually, the cost per dwelling once the 7.6%reduction is allowed for pupils attending independent schools is as follows:

1X4+ bed1X3 bed1X2 bed

£1,656£1,242£7253 – 4 year olds(non-statutory schooling)

£4,244£2,174£8285 – 10 year olds (primaryschooling)

£4,903£2,056£47411-15 year olds(secondary schooling)

Table 5.1 Education Contributions for Two, Three and Four bedroom Units for Nursery, Primary and secondary Schools in LBSutton


Appendix

5Education

contributionsfortw

o,threeand

fourbedroom

units

App

endix6Calcu

latin

gthech

ildyieldfora

specificexam

ple

Total

Seco

ndary

Prim

ary

Nursery

Maximum

total

potential

cost(£)

Total

Child

Yield

Cost

from

Multiplier

(£)

Child

yield

11-15

Cost

from

Multiplier

Child

Yield

5-10

Cost

from

Multiplier

(£)

Child

Yield

3-4

No.

of Units

Total

Sec’dry

(11-15

yrold)

Prim

ary

(5-10yr

old)

Nursery

(3-4

yrold)

17,116

11,202

11,202

Cos

tMultip

lier

116,911

8.8

53,060

3.1

45,928

4.1

17,923

1.6

100.88

0.31

0.41

0.16

4be

dsor

over

29,608

2.3

11,125

0.65

11,762

1.05

6,72

10.6

50.46

0.13

0.21

0.12

3be

ds

10,969

0.9

2,56

70.15

4,48

10.4

3,92

10.35

50.18

0.03

0.08

0.07

2be

ds

123.9

5.55

2.55

Total

Child

Yield

145,519

61,679

57,446

26,394

TotalC

ostw

ith7.6%

redu

ctionfor

child

renattend

inginde

pend

ent

scho

ols

Table6.1CalculatingtheChildYieldan

dResultingCosts


Appe

ndix6Calculatingthechild

yieldfora

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Appendix 7 Example of Standard AgreementExample of Standard Agreement

UNILATERAL PLANNING OBLIGATION

THIS UNILATERAL PLANNING OBLIGATION is made the day of

(YEAR) pursuant to Section 106 of the Town and Country Planning Act 1990(as amended)

PARTICULARS:

"The Owner" means

"the Council" means The Mayor and Burgesses of the London Borough of Sutton ofCivic Offices St Nicholas Way Sutton Surrey SM1 1EA

"the Application Site" means

"the Development" means

“the Monitoring Contribution” means an amount equating to 2.5% of the EducationContribution (over £10,000) and payable in addition thereto to cover the Council’sestimated costs in monitoring compliance with this planning obligation.

"the Planning Application" means Application Number

"the Planning Permission" means the planning permission if granted pursuant to thePlanning Application whether or not subject to conditions

"the Education Contribution" means the sum of £………….

"the Supplemental Planning Guidance means the Supplemental Planning Guidancerelating to education contributions from residential developments a copy of which isattached hereto

WHEREAS:

The Council is the local planning authority for the purposes of the Town and CountryPlanning Act 1990 (as amended) for the area within which the Application Site issituated

The Owner is the freehold owner of the Application Site shown edged red on theattached plan subject to the interests set out in the Second Schedule below

The Owner has made the Planning Application for the Development


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In accordance with the Council's Supplementary Planning Guidance the Owner hasagreed to make a contribution towards the provision of educational facilities in theLondon Borough of Sutton

WITNESSETH

The expressions ("the Council") and ("the Owner") shall include their respectivesuccessors in title and assigns (or otherwise deriving a legal interest in the ApplicationSite from them) as shall any reference to any person company trust body orassociation

This Deed is by way of a unilateral obligation made in pursuance of Section 106 ofthe 1990 Act (as amended) and is enforceable by the Council

The obligations on the part of the Owner contained in this Deed are planningobligations for the purposes of Section 106 of the 1990 Act

This Deed shall come into effect on the grant of the Planning Permission PROVIDEDthat unless and until the Planning Permission is implemented by the carrying out ofa material operation or the making of a material change of use (as defined in Section56 of the 1990 Act) nothing in this Deed shall oblige the Owner to comply with theobligations contained in Clause 5 and the First Schedule to this Deed (unless thisDeed states otherwise)

The Owner hereby undertakes with the Council that the Application Site shall be thesubject to the obligations specified in the First Schedule hereto

The Owner undertakes to pay Value Added Tax and other taxes or duties (if any) atthe rate of the time being in force chargeable in respect of this Deed

The Development shall not be occupied until the contributions due under thisagreement have been paid.

Any sum due and unpaid for more than 21 days from the date it becomes due shallgather interest at the rate of 4% above the Base Rate of the National WestminsterBank plc from time to time in force from the due date of payment fell due until thedate payment is actually received by the Council

IN WITNESS whereof the parties have executed this document AS A DEED the dayand year first before written

FIRST SCHEDULE

Planning Obligations

The Owner hereby gives the following undertakings to the Council:

Before commencement of development to pay to the Council the EducationContribution and the Monitoring Contribution


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To give prompt written notice to the Council's Executive Head of PlanningTransportation and Highways of the substantial completion of the proposed residentialunit(s)

SECOND SCHEDULE

Details of Other Interests in The Application Site

THE COMMON SEAL of [name] - - - - - - - - - - - - - - - - - - - - -

was hereunto affixed in the presence of:-

Director

Secretary

OR

Signed as a Deed by [name] ) - - - - - - - - - - - - - - - - - - - - -

in the presence of:- )

Signature:

Witness Name (block capitals)

Address:

NOTES TO ACCOMPANY MODEL PLANNING

OBLIGATION FOR EDUCATION

CONTRIBUTIONS

Why Prepare a Unilateral Planning Obligation?

The supplementary planning guidance accompanying these notes will explain whythe Council seeks developer contributions towards education provision in relation tonew housing developments. You are of course under no obligation to enter into aUnilateral Planning Obligation at this stage and the absence of this document willnot in anyway prejudice the consideration of your planning application. If a UnilateralPlanning Obligation has not been submitted and it becomes apparent that anEducational Contribution will be required, we will contact you about this, althoughdealing with it later may lead to delay and some additional administrative cost. Thepurpose of a Unilateral Planning Obligation is to enable us to issue a decision noticeimmediately allowing you to commence development as soon as the relevant CouncilCommittee has resolved to grant your application.

How do I complete the pro-forma Planning Obligation?


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The pro-forma should be typed on thick white paper (at least 100 gram) with allrelevant details completed. You will see that the pro-forma has been designed sothat all relevant details relating to your ownership of the property and your planningapplication go on the first page and the last page. Pages 2 and 3 are standardalthough you should still read the whole of the document carefully and ensure thatyou understand it. Details which you will need to include on the first page are:

"Application Site" - briefly describe the location of the site (a postal address maysuffice). You will also need to attach a scale plan showing the location of the siteedged red, which should correspond exactly with your planning application.

"Development" - summarise in a few words your development proposal for whichyou are seeking planning permission.

"Planning Application" - simply write down the registration number allocated by theCouncil to your planning application so that it is clear to everyone that the planningobligation relates to that particular application.

"Education Contribution" - insert the appropriate contribution figure as advised bythe planning officer assigned to your application.

Now turn to the last page of the agreement and insert in the Second Schedule detailsof anyone else (besides the named owner) having an interest in the land. This mayinclude mortgagees and leaseholders. But note that anyone named as an ownerof the property will be required to sign the agreement personally.

Finally complete the "Attestation Clause". This is the clause found at the end ofevery Deed reading, "THE COMMON SEAL of etc" or "SIGNED AS A DEED etc" -as the case may be.

After you have prepared and executed the document

Please send it to the case officer dealing with your planning application. At the sametime enclose an up to date copy of your title to the land, so that we can ensure thatthe document is signed by everyone who will be affected by it. If your title isregistered at H.M. Land Registry, you may find it easiest to obtain an up to date copyof your title from the Croydon District Land Registry. They will charge a small feefor this. Where the property is in mortgage and the amount of the educationcontribution exceeds £5,000, the agreement must also be accompanied by amortgagee’s letter of consent.

What happens next?

Your Unilateral Planning Obligation will be checked against the title documentationyou have supplied and we will let you know if there any apparent discrepancies orother information we require. Having done this, we will keep the executed documenton our file pending determination of your planning application by the appropriateCouncil Committee. What happens next will then depend on how your applicationis determined.


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If your planning application is granted (with or without conditions) - your agreementwill be registered against the land as a local land charge. This is to alert anyoneinterested in the site of the existence of your planning obligation and the requirementfor an Educational Contribution to be paid. Once you have commenced yourdevelopment and before any building is first occupied it will be your responsibility toensure that the Educational Contribution is paid. No reminder will be issued andyou may be charged interest if payment is delayed.

If your application is refused - if you ask us to do so, we will return the executeddocument to you. Otherwise we will keep it on file in case you decide to appealagainst the Council's decision refusing your application.

If you decide to withdraw your application - the Unilateral Planning Obligation will bereturned to you.

If you require advice on anything relating to Unilateral Planning Obligations orEducation Contributions or anything else contained or referred to in the modeldocument or these explanatory notes, you should obtain independent professionaladvice before entering into any contractual commitment.

End


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Documents

Development Consultation Draft Residential From ... · 2POLICYCONTEXT National-ODPMCircular05/2005 2.1 Circular05/2005(Planning Obligations)containsGovernment adviceontheapplicationofSection106