How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22618
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Type Your Law Question Here...
Stuart J is online now

this question straddles both property and family law. I

Customer Question

this question straddles both property and family law.

I have moved house from Somerset to Nottingham. I have bought a new build house. My daughter has been granted a place at her catchment area primary school.
My son has been declined a place at his catchment area secondary school due to over-subscription. This means my son currently has no school place in Nottinghamshire and I am going through an appeals process

My question relates to a section 106 agreement which I have a copy of. This shoes that as part of the planning consent the developer had to provide payments to both schools in respect of educational facilities £959k in the case of the secondary school.

I wanted to understand the legal position of this as I understood that such payments where to ensure that the schools were adequately recompensed for taking in additional pupils directly relating to the development.

Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

Did they make the payment?

What would you like to know about it?

Customer: replied 4 years ago.
I can't identify if the payment has been made but the schedule of when it falls due for payment would indicate that this will have happened.

I simply want to understand the obligation on the school in relation to additional school places in relation to accepting payments under a section 106 agreement
Expert:  Stuart J replied 4 years ago.

You need to look at the planning consent because for each 106 obligation,
there is a reason behind it stated.

However the obligation is on the developer to provide the substance of the
obligation and the planning consent cannot put any obligation on the school to
provide those extra places. It might be the reason the obligation exists but he
cannot compel the school.

This is something that you would need to take up with the Planning
department of the Local Authority and of course via your appeal.

I am not altogether so what information you are looking for but if you ask
any specific questions, I will endeavour to assist

Customer: replied 4 years ago.
It appears from your response that there is nothing to compell the school to make a place available for my son despite the existence of a S106 agreement. If this is the fe then I have my answer.
Expert:  Stuart J replied 4 years ago.
There is nothing compelling the school to make a place available for everyone in the area who moves into the area

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice