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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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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:  James Mather 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:  James Mather 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:  James Mather 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