71 Exemption Report - Marcham Primary School
Cabinet Member: Business & Customer Services
Forward Plan Ref: 2013/093
Contact: Nigel Cunning, Asset Strategy Manager – Property & Facilities Tel: (01865) 810457
Report by Deputy Director for Environment & Economy – Strategy & Infrastructure Planning (CA13).
The information contained in the appendices is exempt in that it falls within the following prescribed category:
3 – information relating to the financial or business affairs of any particular person (including the authority holding that information)
It is considered that in this case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, in that such disclosure would distort the proper process of free negotiations between the authority with another party for the purposes described and would prejudice the position of the authority in those negotiations and other negotiations of a similar nature in future.
Vale of White Horse has resolved to grant Taylor Wimpey planning consent for a housing development adjacent to Marcham VC Primary School subject to prior completion of section 106 agreement. The development generates the need for 17 additional pupil places.
As identified in the County Council’s response on the planning application “standard” developer contribution would be required and this funding would be passed to OCC to procure and manage the construction works.
Due to the developer’s engagement with the community and in particular the primary school pre-application, the developer is willing to contract with the County Council to construct a two classroom extension to the school in lieu of providing contributions to OCC.
Since this work is to be undertaken on the land outside the developer’s site legally it cannot be covered by Section 106 agreement and thus, it is proposed that there should be a hybrid agreement with the developer’s section 106 obligations to provide funding being ‘released’ in return for the delivery of the school extension.
The developer’s commitment to construct the two classroom extension in return for release from section 106 obligations to provide funding constitutes a works contract with the County Council and brings the need to comply with procurement law and the Council’s Contract Procedure Rules. Therefore an exemption is sought from tendering under Contract Procedure Rule 4.3.
The Cabinet is RECOMMENDED to approve this exemption from the Council’s Contract Procedure Rules.
Minutes:
The information contained in the appendices is exempt in that it falls within the following prescribed category:
3 – information relating to the financial or business affairs of any particular person (including the authority holding that information)
Cabinet agreed that the item be considered in public as having read the report they had no queries on its contents.
Cabinet was advised that Vale of White Horse had resolved to grant Taylor Wimpey planning consent for a housing development adjacent to Marcham VC Primary School subject to prior completion of section 106 agreement. The development generates the need for 17 additional pupil places.
As identified in the County Council’s response on the planning application “standard” developer contribution would be required and this funding would be passed to Oxfordshire County Council (OCC) to procure and manage the construction works.
Due to the developer’s engagement with the community and in particular the primary school pre-application, the developer was willing to contract with the County Council to construct a two classroom extension to the school in lieu of providing contributions to OCC.
Since this work is to be undertaken on the land outside the developer’s site legally it cannot be covered by Section 106 agreement and thus, it is proposed that there should be a hybrid agreement with the developer’s section 106 obligations to provide funding being ‘released’ in return for the delivery of the school extension.
The developer’s commitment to construct the two classroom extension in return for release from section 106 obligations to provide funding constitutes a works contract with the County Council and brings the need to comply with procurement law and the Council’s Contract Procedure Rules. Therefore an exemption was sought from tendering under Contract Procedure Rule 4.3.
RESOLVED: to approve this exemption from the Council’s Contract Procedure Rules.