Education contribution triggers at Aneurin Way, Sketty, Swansea

“The applicant has sought to amend the following aspects of the S106 agreement:”

“Modification of Section 106 agreement (completed 17 Nov. 2022) of planning permission 2022/0249/FUL dated 11th April 2022 to amend Second Schedule - to amend the trigger points for payment of Education Contribution - To pay to the Council 50% of the Education Contribution prior to the occupation of 51 dwellings (as opposed to 30 dwellings currently) and to pay the Council the remaining 50% of the Education Contribution prior to the occupation of 85 dwellings (as opposed to…”

“Olchfa Comprehensive School, Aneurin Close & Aneurin Way, Sketty, Swansea, SA2 8NW Residential development (up to 101 units) with vehicular access from Aneurin Way and cycle/footpath access from Parkway, with drainage attenuation; landscaping / green infrastructure and associated works…”

“Full planning permission for the Residential development (up to 101 units) with vehicular access from Aneurin Way and cycle/footpath access from Parkway, with drainage attenuation; landscaping / green infrastructure and associated works was granted 11 th April 2022.”

“A Section 106 Planning Obligation was completed 17 th November 2022.”

“On an application for modification by agreement pursuant to Section 106A(1)(a) of the 1990 Act, the Courts have considered the matters that a Council must have regard to (see R(Bachelor Enterprises Ltd) V North Dorset District Council [2003] EWCH 3006 and in R(Millgate Development Ltd) v Wokingham DC [2011] EWCA Civ 1062). The Council must ask itself: a. Does the existing planning obligation still serve a useful planning purpose? b.”

“In terms of the tests in para 4.1 above, a) Yes – the existing planning obligation still serves a useful planning purpose; b) Yes - the planning purpose could be equally served by the proposed modification. c) Yes - the Council should agree the modification.”

“Council’s Legal Officer - I do not have any substantial comments on the proposal.”

“Education Dept. - the funds will be used to secure additional space at the schools which will increase the capacity in line with the S106 agreement. We will not be able to undertake any detailed design work until we have the funding secured, so as yet no plans have been drawn up.”

“During the development of The Willows, we decided to work with Pobl and provide the affordable homes much earlier in the build programme. This helped ease the demand that was growing on affordable homes and rent in the area, and this was well ahead of our obligation under the S106 agreement for the number of affordable homes handed over as a ratio to the number of sales homed built and sold.”

“The affordable homes provided on this project are built at a financial loss to the project and the number of sale homes sold are much lower than we initially anticipated adding significant pressure on to our financial viability for the development. We have also incurred significant additional cost to the project for dealing with unforeseen contamination encountered in the ground of the site which has added even further pressure to our viability on this project to date.”

“The request has been submitted by the applicant under S106(A)(1)(a) of the Town & Country Planning Act 1990 (as amended), and requested the following amendment: • Modification of Section 106 agreement (completed 17 Nov.”

“Resolved that consent be granted for the modification of Section 106 agreement (completed 17 Nov. 2022) of planning permission 2022/0249/FUL dated 11th April 2022 to amend First Schedule - to amend the trigger points for payment of Education Contribution - To pay to the Council 50% of the Education Contribution prior to the occupation of 51 dwellings (as opposed to 30 dwellings currently) and to pay the Council the remaining 50% of the Education Contribution prior to the…”