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The likely impact of housing development within a school's normal area.

Introduction

A Section 106 Planning Agreement Contribution (S106) may be levied by district councils on developers as part of the planning process in order to assist with provision of local facilities. Part of a S106 contribution may be agreed for educational provision. The development section liaises with developers through district councils for all proposed S106 agreements.

Assessment criteria

Assessment of S106 contributions is based on the ‘formula’ that for every 100 dwellings there will be 20 primary, 15 secondary and six post-16 pupils. This is applied pro rata according to the number of dwellings proposed in a development. It is based on a statistical assessment of birth rate and housing occupancy data which is averaged across the number of bedrooms in a dwelling. The application is assessed on this basis to identify how many primary and secondary pupils will be generated by the proposed development.

The next step is to identify the normal area schools at primary and secondary phase for that address. The local authority is obliged to provide a place for each child in the normal area (formerly catchment area) school. Having identified the normal area schools, the net capacity and current number on roll is identified and a decision taken on whether there is sufficient accommodation available currently to accommodate all pupils from the proposed development. The pupil projections for the coming five years are assessed to identify whether there will be a shortfall of accommodation in the near future as a result of known pupils/children already in the area. On the basis of this information, a judgement is made. There are three potential outcomes:

  1. There is sufficient accommodation already and therefore no S106 contribution is required.
  2. There is accommodation currently but projections indicate this will be utilised by pupils already within the area and so additional numbers will put pressure on the school’s accommodation and therefore a S106 contribution is required.
  3. There is insufficient accommodation currently and so a S106 contribution is required.

Where a development consists of one bedroom flats or apartments only, or where a developer identifies one-bedroom properties within the overall plan of the development, no account will be taken of these properties in the assessment against the formula, and in 2003 cabinet approved a policy by which any development of less than 10 dwellings is not included in any bid for S106 funds.

This assessment establishes whether there is a requirement for a S106 contribution. The level of contribution in financial terms is determined by using multipliers formerly provided by the DfES on an annual basis of the cost per pupil of capital development in schools (we continue to use the latest available figures). The figures were based on analysis of building costs per pupil nationally with indicative proportions to take account of regional variation in costs.

The request for a S106 education contribution is submitted to the district or borough council in written form for inclusion in the negotiations with the developer leading to the planning permission for the development (or otherwise).

Current multipliers

Primary

£11,399.01 per pupil

£2,279.80 per house

Secondary

£17,176.17 per pupil

£2,576.42 per house

Post-16

£18,627.90 per pupil

£1,117.67 per house

Allocation and spending S106 monies

Income from S106 will be notified to the development section which will review the need for development in line with the requirement of the agreement and schools circumstances. Discussions will be held with the school/schools, an appropriate scheme will be identified and the necessary member approvals will be obtained.

Income from S106 will vary in size, it is likely that the larger projects will require architectural support and will be managed by officers from the development team, the smaller amounts may be used to support school identified projects.

Further information and advice

Contact your development contact officer or Jennie McCusker, development manager, by email: jennie.mccusker@derbyshire.gov.uk.

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