* An application (17/01359/MOUT) to erect sixty dwellings on a site at Higher Town, Sampford Peverell was given outline planning permission in April 2021 following appeal (Ref – APP/Y1138/W/19/3238631).
* As part of that application, a Section 106 Agreement was signed by the landowners, Mid Devon District Council and Devon County Council. By the time reserved matters were approved, the site was owned by Edenstone Homes Ltd who took over the owners’ commitments
made in that S106.
* I have set out my questions below.
1. Question 1
1.1. Schedule 2 Paragraph 2.1.1 of the S106 concerns a Covenant made by the owners with Devon County Council to pay 50% of an agreed Secondary Education Contribution prior to occupation of 10% of the dwellings forming the development.
1.2. Has the developer paid DCC 50% of the Secondary Education Contribution?
50% of the agreed Secondary Education contribution has not yet been paid. Please note, the invoice for this payment has recently been requested by the developer and has now been raised by Devon County Council
1.3. If so, on what date was the sum paid?
Please see our response above
1.4. If so, was indexation applied as set out in paragraph 5.1.1 of Schedule 2?
There is no indexation required to be paid at present.
2. Question 2
2.1. Schedule 2, Paragraph 3.1.1 of the S106 concerns a Covenant made by the owners with Devon County Council to pay 50% of an agreed Early Years Education Contribution prior to occupation of ‘the dwellings forming part of the development’.
2.2. Schedule 2, Paragraph 3.1.3 of the S106 concerns a Covenant made by the owners with Devon County Council to ensure that no more than 9% of the dwellings shall be occupied until 50% of an agreed Early Years Education Contribution shall have been paid to
DCC for ‘Sandford [sic] Peverell Primary School’. Clearly this means Sampford Peverell Primary School.
2.3. Has the developer paid 50% of the Early Years Education Contribution to DCC?
Yes 50% of the agreed Early Years contribution has been paid
2.4. If so, on what date was the sum paid?
4th March 2024
2.5. If so, was indexation applied as set out in paragraph 5.1.1 of Schedule 2?
There is no indexation to be paid at present
3. Question 3
3.1. Schedule 2, Paragraph 4.1.1 of the S106 concerns a Covenant made by the owners with Devon County Council to pay 50% of an agreed School Transport Contribution prior to occupation of 10% of the dwellings forming the development.
3.2. Has the developer paid 50% of the School Transport Contribution to DCC?
3.3. If so, on what date was the sum paid?
In response to question 3.1-3.3, 50% of the agreed Secondary Transport contribution has not yet been paid. Please note, the invoice for this payment has recently been requested by the developer and has now been raised by Devon County Council
3.4. If so, was indexation applied as set out in paragraph 5.1.1 of Schedule 2?
There is no indexation required to be paid at present