---
title: "Funding and development agreement South Coalville Primary School"
ocid: "ocds-h6vhtk-03e0fc"
canonical_url: "https://d3tenders.com/contract/?ocid=ocds-h6vhtk-03e0fc"
markdown_url: "https://d3tenders.com/contract/ocds-h6vhtk-03e0fc.md"
json_url: "https://d3tenders.com/contract/ocds-h6vhtk-03e0fc.json"
source: "Find A Tender Service"
current_stage: "Award"
buyer: "LEICESTERSHIRE COUNTY COUNCIL"
published: "2023-07-12"
---

# Funding and development agreement South Coalville Primary School

Buyer: LEICESTERSHIRE COUNTY COUNCIL  
Current stage: Award  
OCID: ocds-h6vhtk-03e0fc

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## Summary

The Leicestershire County Council is seeking a funding and development agreement for the construction of South Coalville Primary School in the UK. The procurement stage is completed, and the method used is a limited award procedure without prior publication. The contract was awarded to Harworth Estates (Agricultural Land) on June 26, 2023. The primary objective of the contract is to provide supplemental funding for the school development, which is part of a wider housing scheme, and ensure compliance with planning obligations.

This tender presents growth opportunities for businesses specializing in primary school construction works. Companies experienced in delivering large-scale housing developments and educational infrastructure projects would be well-suited to compete. The Leicestershire County Council's emphasis on regulatory compliance and adherence to planning agreements signifies a need for reliable suppliers with a track record in the construction sector. The contract aims to facilitate the delivery of critical educational facilities while supporting broader urban development initiatives in the region.

## Notice

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.

## Key Details

| Field | Value |
| --- | --- |
| Publication source | Find A Tender Service |
| Latest notice | https://www.find-tender.service.gov.uk/Notice/019903-2023 |
| 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 |
| All stages | Award |

## Dates

| Field | Value |
| --- | --- |
| Publication date | 12 Jul 2023 |
| Submission deadline | Not specified |
| Future notice date | Not specified |
| Award date | 25 Jun 2023 |
| Contract period | Not specified |
| Recurrence | Not specified |

## Values

| Field | Value |
| --- | --- |
| Tender value | Not specified |
| Lots value | Not specified |
| Awards value | Not specified |
| Contracts value | Not specified |

## Status

| Field | Value |
| --- | --- |
| Tender status | Complete |
| Lots status | Not specified |
| Awards status | Active |
| Contracts status | Active |

## Buyer

| Field | Value |
| --- | --- |
| Main buyer | LEICESTERSHIRE COUNTY COUNCIL |
| Locality | LEICESTER |
| Post town | Leicester |
| Postcode | LE3 8RA |
| Country | England |
| ITL 1 | TLF East Midlands (England) |
| ITL 2 | TLF2 Leicestershire, Rutland and Northamptonshire |
| ITL 3 | TLF22 Leicestershire CC and Rutland |
| Local authority | Blaby |
| Electoral ward | Glenfield Faire |
| Westminster constituency | Mid Leicestershire |
| Delivery location | TLF22 Leicestershire CC and Rutland |

## Supplier

| Field | Value |
| --- | --- |
| Number of suppliers | 1 |
| Supplier names | HARWORTH ESTATES (AGRICULTURAL LAND |

## CPV Codes

### Divisions

- 45 - Construction work

### Codes

- 45214210 - Primary school construction work

## Release History

- 12 Jul 2023 at 09:36 - Award - Award Notice - https://www.find-tender.service.gov.uk/Notice/019903-2023

## Notice URLs

- https://www.eastmidstenders.org/index.html
- https://www.eastmidstenders.org/index.html/https://www.southeastcoalville.co.uk/

## Provenance

This Markdown file is an alternate public rendering of the D3 Tenders contract record. The canonical page is https://d3tenders.com/contract/?ocid=ocds-h6vhtk-03e0fc. The underlying structured data is available as OCDS JSON at https://d3tenders.com/contract/ocds-h6vhtk-03e0fc.json.