Leegate – What Galliard have committed to under the Section 106 Agreement

Artist’s impression of how the Galliard development will look.

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.