Notice Information
Notice Title
Funding and development agreement South Coalville Primary School
Notice 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 PS9m but is instead obliged to pay a contribution cost and transfer the site to LCC. Continues II.2.4 below.
Lot Information
Lot 1
Continues from II.1.4 above. The developer must consult with LCC if the development cost is in excess of PS9m 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 PS3m support funding if the School development cost exceeds PS9m 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.
Procurement Information
The primary obligation for the developer to deliver the School derives from obligations under the s.106 agreement. S.106 agreements are recognised as being a different kind of agreements from public works contracts under the Public Contracts Regulations 2015 (as amended) ("PCR"). Its purpose is to regulate the development of land so its essential object is to ensure the proper planning in the local planning authority's area rather than the delivery of the specified works. Consequently, such agreements are not governed under the PCR as per the principle in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532. There is no positive obligation for the developer to deliver the School with costs in excess of PS9m under the terms of the s.106 variation. If the developer elects to deliver the School with costs in excess of PS9m and wishes to access LCC's funding, then the DFA contains an enforceable obligation to deliver works specified by LCC in order to define and regulate the expenditure of LCC's contribution towards discharging the s.106 obligations. LCC considers that the DFA is incidental and ancillary to the performance of the pre-existing s.106 agreement and is not intended to form a separate project to deliver a work in its own right. The DFA will provide for LCC to have: the benefit of step-in rights through the Collateral Warranties to enable LCC to step-in and instruct the completion of the build should the developer default; a Performance Bond from the building contractor; and payment of liquidated damages for late delivery to reflect LCC's anticipated cost of procuring temporary alternative school accommodation. LCC does have an economic benefit in the School being transferred to it on completion. However LCC does not consider that the DFA forms a public works contract for the purposes of the PCR given its primary purpose is to provide supplemental funding and any perceived works obligations are incidental and ancillary to the performance of the s.106 agreement which is exempt from the PCR.
Notice Details
Publication & Lifecycle
- Open Contracting ID
- ocds-h6vhtk-03e0fc
- Publication Source
- Find A Tender Service
- Latest Notice
- https://www.find-tender.service.gov.uk/Notice/019903-2023
- Current Stage
- Award
- All Stages
- Award
Procurement Classification
- Notice Type
- Award Notice
- Procurement Type
- Standard
- Procurement Category
- Works
- Procurement Method
- Limited
- Procurement Method Details
- Award procedure without prior publication of a call for competition
- Tender Suitability
- Not specified
- Awardee Scale
- Large
Common Procurement Vocabulary (CPV)
- CPV Divisions
45 - Construction work
-
- CPV Codes
45214210 - Primary school construction work
Notice Value(s)
- Tender Value
- Not specified
- Lots Value
- Not specified
- Awards Value
- Not specified
- Contracts Value
- Not specified
Notice Dates
- Publication Date
- 12 Jul 20232 years ago
- Submission Deadline
- Not specified
- Future Notice Date
- Not specified
- Award Date
- 25 Jun 20232 years ago
- Contract Period
- Not specified - Not specified
- Recurrence
- Not specified
Notice Status
- Tender Status
- Complete
- Lots Status
- Not Specified
- Awards Status
- Active
- Contracts Status
- Active
Buyer & Supplier
Contracting Authority (Buyer)
- Main Buyer
- LEICESTERSHIRE COUNTY COUNCIL
- Contact Name
- Mr Simon Ip
- Contact Email
- commissioning.support@leics.gov.uk
- Contact Phone
- +44 1163055390
Buyer Location
- Locality
- LEICESTER
- Postcode
- LE3 8RA
- Post Town
- Leicester
- Country
- England
-
- Major Region (ITL 1)
- TLF East Midlands (England)
- Basic Region (ITL 2)
- TLF2 Leicestershire, Rutland and Northamptonshire
- Small Region (ITL 3)
- TLF22 Leicestershire CC and Rutland
- Delivery Location
- TLF22 Leicestershire CC and Rutland
-
- Local Authority
- Blaby
- Electoral Ward
- Glenfield Faire
- Westminster Constituency
- Mid Leicestershire
Further Information
Open Contracting Data Standard (OCDS)
View full OCDS Record for this contracting process
The Open Contracting Data Standard (OCDS) is a framework designed to increase transparency and access to public procurement data in the public sector. It is widely used by governments and organisations worldwide to report on procurement processes and contracts.
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