MyEDC

    Technical Notes 2022, Issue 96 - Education Contributions Relating to TP/ED/17/0717 – 6 St Mungo Street, Bishopbriggs

    • Report by:

      Ann Davie, Depute Chief Executive

    • TN Number:

      096-22

    • Subject:

      Education Contributions Relating to TP/ED/17/0717 – 6 St Mungo Street, Bishopbriggs

    • Responsible Officer:

      Max Wilson, Team Leader – Planning (Development Applications)

    • Publication:

      This Technical Note will be published on the Council’s website following circulation to Members. Its contents may be disclosed or shared outwith the Council.

    Section

     

    1. The purpose of this Technical Note is to inform Members of the status of the developer contributions relating to education provision required from the developer of this site.  This follows a request raised at the Planning Board of 29 March 2022 for a Technical Note with further information.
       
    2. The timeline of relevant applications and appeals at this site is as follows:
    • TP/ED/17/0717 – Full Planning permission for erection of 64 flats approved subject to Section 75 agreement.  This included a standard requirement for education contributions, which based on the number of units and bedroom numbers was £176,689.74.
       
    • TP/ED/20/0152 – Application received to amend the Section 75 to remove the obligation relating to education contributions was received. Following consideration and consultation with colleagues in Education, this application was refused as the Council considered that there was still a demonstrable need for the education contributions as originally required.
       
    • POA-200-2003 - Appeal submitted to DPEA against the refusal of the above application.  A Notice of intention has been issued by the Reporter advising the appeal would be dismissed following some amendments to the original Section 75 agreement.  The Reporter agreed with the conclusion that the requirement for the contribution was necessary and met the various tests required of such an obligation.  However, there were some issues with the precise drafting of the Section 75 agreement that they felt needed to be amended prior to the appeal decision being issued.  Legal Services are currently drafting the amended agreement for discussion with the appellant’s solicitors.