The Section 106 agreement is the blueprint for what Galliard has to do to qualify for its planning consent from Lewisham Council for the redevelopment of Leegate. It covers a wide range of commitments which will be important for the local community.
The Lee Manor Society planning expert has been through the full document and produced a summary of the main points. This is the Leegate Centre Section 106 Agreement/Deed that has been entered into by the parties noted on page 1 (essentially the Council, the Developers and financiers).
The planning notice can be found here.
Below is our summary.
SCHEDULE 1 – AFFORDABLE HOUSING – PART 1
1. To provide a minimum of 173 Affordable Housing Units in the Development, which minimum
number shall be delivered in accordance with the unit size mix and tenure shown in the Table
in Schedule 1 Part 1 para 2.
2. Not to carry out any Above Ground Works in respect of Block B or Block C until the
Affordable Housing Scheme for the relevant Block has been submitted and approved in
writing by the Council.
SCHEDULE 1 – AFFORDABLE HOUSING – PART 2
3. The London Affordable Rented Housing Units to be provided in Block B (if any) and Block C (if
any) shall be provided in accordance with the Affordable Housing Scheme for Block B and
Block C respectively and shall be subject to rents as set out in Schedule 1 Part 2 para 11.
4. The Shared Ownership Housing Units to be provided in Block B (if any) and Block C (if any)
shall be provided in accordance with the Affordable Housing Scheme for Block B and Block C
respectively.
SCHEDULE 3 – WHEELCHAIR HOUSING
5. The Owner shall Complete the Wheelchair Housing Units by no later than the date of
Completion of the non-Wheelchair Housing Units within the Block within which the
Wheelchair Housing Units are to be provided.
6. The Owner shall construct and fit out 10% of the London Affordable Rented Housing Units as
Wheelchair Housing Units (‘Affordable Rent Wheelchair Units’).
7. The Owner shall construct 10% of the Shared Ownership Units as Wheelchair Housing Units
(‘Shared Ownership Wheelchair Units’).
8. The Owner shall construct 10% of the Market Dwellings as Wheelchair Housing Units
(‘Market Dwelling Wheelchair Units’).
SCHEDULE 4 –FINANCIAL CONTRIBUTIONS
9. The Owner shall pay to the Council the legal costs included in the preparation and
completion of the Deed that forms the Section 106 Agreement.
10. The Owner shall pay a Monitoring Contribution (£39,853) to the Council solely towards the
reasonable costs, fees and expenses incurred in connection with the administration,
monitoring and discharge of the obligations in the Deed that forms the Section 106
Agreement.
11. The Owner shall pay the Air Quality Management Contribution (£50,000) to the Council prior
to Commencement of the Development.
12. The Owner shall pay the First Carbon Off-Set Contribution (£100,000) to the Council prior to
Commencement of the Development.
13. The Owner shall pay the Second Carbon Off-Set Contribution (50,000) to the Council prior to
the date of the first Occupation of Phase 1 of the Development.
14. The Owner shall pay the Third Carbon Off-Set Contribution (£50,085.60) to the Council prior
to the date of the first Occupation of Phase 2 of the Development.
15. The Owner shall pay the CPZ Contribution (£30,000) to the Council prior to Commencement
of the Development to be applied by the Council for CPZ Review and Implementation.
16. The Owner shall pay the Legible London Contribution (£13,000) to the Council prior to
carrying out any of the Above Ground Works.
17. The Owner shall pay the Phase 1 Local Labour and Business Contribution (£201,400) to the
Council prior to Commencement of the Development in Phase 1.
18. The Owner shall pay the Phase 2 Local Labour and Business Contribution (£201,400) to the
Council prior to Commencement of the Development in Phase 2.
19. The Owner shall pay the Off-Site Play Space Contribution (£183,000) to the Council prior to
Commencement of the Development to be paid to the Council to be used towards off-site
play facilities for 12-17 year olds in the vicinity of the Development which may include but is
not limited to Edith Nesbitt Pleasure Ground and Manor House Gardens.
20. The Owner shall pay to each of the Existing Traders the Relocation Contribution (£5,000 per
Existing Trader) no later than 20 Working Days prior to the relevant relocation taking place.
21. The Owner shall pay to the Council the Reduction in Commercial Floorspace Contribution
(£230,661) prior to the Development in Phase 1 and Phase 2.
SCHEDULE 5 – HIGHWAYS AND TRANSPORTATION
22. The Owner shall prior to Commencement of the Development submit the Highways Phasing
Plan to the Council for its written approval and shall not Commence Development unless and
until the Highways Phasing Plan has been approved and has entered into the Highways
Agreement. (Highways Works are set out in Annex A to Schedule 5 although it is incorrectly
titled Annex to Schedule 6).
23. No later than 2 months following Commencement of the Development, the Owner shall
submit the Car Club Strategy to the Council for approval and shall not carry out any works
beyond Above Ground Works in the Development unless and until the Car Club Strategy has
been approved in writing by the Council. (Car Club membership to be offered by the Car Club
Operator to Occupiers free for the first 3 years from Occupation provided that at least one
member of the household Occupying a Dwelling is eligible for membership under the rules of
the Car Club). Continuation of membership after 3 years shall be at the Occupiers expense.
24. The Owner covenants with the Council not to apply for a Parking Permit in respect of any
Controlled Parking Zone in connection with the Occupation of the Land or any Dwelling nor
knowingly permit any owner or occupier of a Residential Unit to apply for a Parking Permit.
The Owner shall inform each new owner or occupier of a Residential Unit (save in respect of
a holder of a disabled person’s badge or one who subsequently becomes a holder) that they
shall not be eligible to be granted a Parking Permit. These obligations shall apply to all future
owner or occupiers of any Residential Unit.
SCHEDULE 6 – LOCAL LABOUR AND BUSINESS
25. The Owner shall fully participate in the Local Labour and Business Scheme and shall use
Reasonable Endeavours to achieve a target of 30% Local People and Local Businesses as
employees, suppliers and sub-contractors for and during the demolition and construction of
the Development.
26. The Owner shall submit the Coaching and Enterprise Scheme to the Council at lease 3
months prior to Commencement of the Development, which shall provide for 4 hours of
business support to Existing Traders.
27. No later than 6 months prior to Completion of the relevant Phase the Owner shall, in relation
to each Existing Trader, ascertain whether such Trader intends to return to a Commercial
Unit in the Development such that an approved Commercial Relocation Strategy may be
reasonably deployed to assist such return. The Commercial Relocation Strategy shall include
initiatives to Existing Traders generally based on those set out in the ‘Fourth Street
Commercial Strategy’ dated May 2022 which accompanied the Planning Application.
28. Annex to Schedule 6 – Highways Works (contained at end of document – pages 94-95):
contains the statement ‘The removal of TfL trees’ which is stated as meaning ‘the four trees
located on land owned by Transport for London as shown on Plan 9 in Appendix 2’. However,
I have been unable to locate these trees on the Plan indicated.
SCHEDULE 7 – COMMERCIAL UNITS
29. The Owner shall construct and Complete the Commercial Units in a Block to Shell and Core,
prior to Occupation of any Dwellings in that relevant Block.
30. The Owner shall not Occupy the Commercial Units in a Block or any part thereof until the
Commercial Units Marketing Strategy for the relevant Block has been approved in writing by
the Council.
SCHEDULE 8 – COMMUNITY CENTRE
31. The Owner shall construct and Complete the Community Centre to Shell and Core prior to
the Occupation of any Dwellings in the Phase that the Community Centre is to be located.
SCHEDULE 9 – PUBLIC REALM & COMMUNAL RESIDENTIAL AMENITY SPACE
32. The Owner shall prior to Above Ground Works in Phase 1 submit the Phase 1 Public Realm
Phasing and Delivery Strategy to the Council for written approval and will not occupy any
Block until the Phase 1 works is open for use by the public and a Public Realm Management
Plan in respect of the Phase 1 Public Realm works has been submitted to and approved in
writing by the Council.
33. The Owner shall prior to Above Ground Works in Phase 2 submit the Phase 2 Public Realm
Phasing and Delivery Strategy to the Council for written approval and will not occupy the
relevant Block until the Phase 2 works is open for use by the public and a Public Realm
Management Plan in respect of the Phase 2 Public Realm works has been submitted to and
approved in writing by the Council.
34. As from the date of Completion of the Public Realm the Owner shall permit the general
public to have continuous access on foot and pedal cycles to and from and over such Public
Realm subject to any Permitted Closures, any lawful requirements of the police or any other
competent authority, and such public access shall be available free of charge at all times save
for Permitted Closures.
35. Phase 1 – the Owner shall prior to carrying out any Above Ground Works in Phase 1, submit
the Phase 1 Communal Residential Amenity Space Details and the Phase 1 Communal
Residential Amenity Space Phasing and Delivery Strategy to the Council for approval. Prior to
the opening of any Communal Residential Amenity Space in Phase 1 a Communal Residential
Amenity Space Management Plan must be submitted to and approved in writing by the
Council.
36. Phase 2 – the Owner shall prior to carrying out any Above Ground Works in Phase 2, submit
the Phase 2 Communal Residential Amenity Space Details and the Phase 2 Communal
Residential Amenity Space Phasing and Delivery Strategy to the Council for approval. Prior to
the opening of any Communal Residential Amenity Space in Phase 2 a Communal Residential
Amenity Space Management Plan must be submitted to and approved in writing by the
Council.
SCHEDULE 10 – HEALTH FACILITY (Approx 800m2
)
37. The Owner covenants from the date on which Planning Permission is free of Challenge and
Finally Determined and for a period of no less than 12 calendar months to market the Health
Facility Floorspace for use as a Health Facility by a Health Provider.
38. The Owner shall not Occupy the Phase in which the Health Facility Floorspace is located until
it has constructed the Health Facility to Shell and Core standard.
39. The Owner shall not Occupy any of the Dwellings in Block A until the Owner and the Health
Facility Provider (an NHS body) have entered into the Health Facility Lease.
SCHEDULE 11 – ADDITIONAL OBLIGATIONS
40. Prior to Occupation of the Development the Owner shall provide updated accurate and
verified ‘as-built’ design estimates of the ‘Be Seen’ energy performance indicators for each
Reportable Unit of the Development.
41. Upon Completion of the first year of Occupation of the Development of following the end of
the Defects Liability Period (whichever is the later) and at least for the following four years
after that date, the Owner is required to provide accurate and verified annual in-use energy
performance data for all relevant indicators under each Reportable Unit of the Development.
42. Any under performance shall be investigated by the Owner and potential mitigation
measures approved in writing by the GLA be identified and implemented as soon as
reasonably practicable.
43. The Owner shall use reasonable endeavours to secure the retention of Rolfe Judd (architects)
on an overseeing/ executive role throughout the discharge of the Conditions and until the
Completion of the Development.
44. The Owner must provide the Public House as part of the Development and ensure it is
retained as a Public House for the lifetime of the Development unless otherwise agreed in
writing by the Council.
45. The Owner shall not Occupy any Phase which contains Public Realm until it has submitted to
the Council for its written approval a Phase Specific CCTV Scheme for that Phase and until the
CCTV for that Phase has been installed at the sole cost of the Owner in accordance with the
relevant approved scheme and is operational and to maintain all installed CCTV cameras for
the lifetime of the Development.
SCHEDULE 12 – COUNCIL’S OBLIGATIONS
46. Not to use any Financial Contributions other than for the purpose for which they are paid by
the Owner and to repay (together with any accrued interest) any Contribution (or part
thereof) not committed for spend or spent within 10 years of receipt by the Council.