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Information for developers

Planning obligations (Section 106/CIL)

New residential development often places pressure on existing education infrastructure and therefore its impact must be mitigated for the development to be acceptable in planning terms as outlined in the national planning policy framework, 2018. 

Developer contributions for education are secured by means of conditions attached to planning permissions, a planning obligation under Section 106 of the Town & Country Planning Act 1990, or the Community Infrastructure Levy (CIL).

A Section 106 planning obligation secures a contribution directly payable to Staffordshire County Council for education (or direct provision of a school 'in kind'). Alternatively, CIL revenues are intended to help fund the supporting infrastructure needs to address cumulative impact of development across a local authority. This levy is optional for local planning authorities (LPAs) in England and Wales. Some of the LPAs across Staffordshire have adopted this approach.

We have a planning obligations policy which sets out the approach to planning obligations for necessary education infrastructure. It provides the basis for calculating likely educational contributions and enables indicative figures to be calculated by developers wishing to understand what the anticipated contributions would be for a development site. It is not based on any analysis of the local area for development.

Where it is deemed appropriate, we reserve the right to determine an educational contribution using a different methodology. This may be where a more precise cost for providing additional and necessary educational facilities is known, where a development is of a large size or where one or more separate developments are to be phased across an area. 

Staffordshire County Council (SCC) is consulting on its revised policy to seek financial contributions for the necessary education infrastructure to mitigate new housing development.

National Planning Policy Framework (NPPF) revisions and new guidance on requesting developer contributions from the Department for Education (DfE) has provided the opportunity to review and update our existing policy document.

The Staffordshire Education Infrastructure Contributions Policy (SEICP) document sets out the approach SCC will take in identifying the impact of new residential development on education infrastructure and the necessary mitigation to make developments acceptable in planning terms. It provides the basis for determining education contributions to provide the necessary additional education infrastructure.  

The policy now includes the provision of seeking Special Education Needs and Disabilities (SEND) school places and home to school transport provision.

SCC are seeking views from stakeholders and interested parties on the SEICP through a 6-week public consultation process which starts on Monday 12 October 2020 and finishes on Monday 23 November 2020.

In particular, we are seeking views on the following key aspects:

  • Mainstream education provision
  • Home to school transport provision
  • Special education needs and disabilities provision

If you would like to view the policy and/or make any comments on the updated policy please go directly to the consultation portal page.

A summary of the representations submitted during the consultation period and a copy of the final policy will be presented to Cabinet on 17 February 2021 to make the final decision on implementation.

If approved, the SEICP will come applicable to any planning applications submitted from the 1 March 2021.

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