New School Developments

When determining the size of school required, be it primary or secondary, the Council uses the formula that 1,000 dwellings would generate one form of entry.

The minimum size primary school permissible by the DfE is a one form entry school. Primary schools can increase in size by half forms up to a maximum of three forms of entry. Wherever a new primary school is being commissioned, a suitably-sized pre-school should be included as a pre-requisite element of the provision.

The minimum viable size for a new secondary school would be four forms of entry. Secondary schools can increase in size by half forms commensurate with the size of the housing development/s. Wherever a new secondary school is being commissioned, a suitably-sized sixth form should be included as a pre-requisite element of the provision.

The cost of building a new school is based upon benchmark costs (per pupil place) published annually by the DfE and adjusted for local variations in building costs. The Council uses these costs when negotiating financial contributions with developers to be paid through a planning obligation (Section 106 Agt.). All contributions are index-linked from the date of the planning agreement to the date that the contribution is paid to the Council, in order to ensure that the final payment reflects any increases in build costs. It should be noted that developer contributions are intended to be a contribution towards the cost of infrastructure, proportionate to the impact of the proposal, and are subject to financial viability assessments. Therefore, the agreed contribution will not always cover the full cost of the project and the Council may be required to source additional funding.

Where a new school is required to mitigate the impact of development/s, the County Council will require fully serviced land (remediated to a residential standard) to be provided within the development site. The land is provided as an in-kind contribution by the developer through the means of a planning obligation (Section 106 Agt.) which will set out the specification for the land and the terms under which it should be transferred to the Council. Where the school is required to meet the needs of several developments,  the Council will agree an approach to securing land on an equitable basis, factoring in where one developer provides the land. This should be set out in the Development Plan.

The decision to commission a new school will depend on the forecast availability of school places locally at the time that the new housing comes forward and that the developer contributions are paid to the Council. Where there is forecast to be school places available within the vicinity of the site, it may not be necessary to commission a new school and an alternative approach might be more economical, such as an expansion to an existing school. The Council will request that it has up to ten years to utilise the funding and land before it is returned to the developer, in order to allow it to respond to changing circumstances. For example, further local development, changes in local demographics, or a reduction in the capacity of existing schools might improve the case for a new school to be delivered in the future and so the Council will continually review its position.

Where land and financial contributions are paid to the Council, the Council will commission the construction of the new school through its Property Services Partnership, Arc. Where a housing development is large enough to sustain its own school, the Council will provide the developer with the option of building the new school instead of paying the contributions. This approach may represent a better value for money solution for both parties. Where the developer elects to build the school, they will be required to submit a scheme to the Council for approval and will be expected to build the school in accordance with the construction schedule in the S106 Agreement - this will contain limitations on the number of residential dwellings which can be occupied on the wider development site before the school is completed. The Council expects that the school is constructed in accordance with the DfE’s Generic Design Brief and handed over in a state that is capable of being opened without any further additions to furniture, fixtures, and equipment.
Prior to construction, the Council will carry out a selection process for an Academy Trust to manage and operate the school when it is completed. This is known as the free school presumption process.

Pupils who move into the new housing before the new school is built would usually take-up available school places in the local area, where they are within a reasonable walking distance of the development. Where there are no available places, the Council will seek to fund temporary capacity provision at the nearest school  or, where there are no schools within a reasonable walking distance, the Council will fund free home-to-school transport. Where it is known that there will be limited options for early arrivals, the Council will seek  to ensure early delivery of the school and may seek contributions from developers to  cover the expected costs associated with providing temporary provision or school travel.

Where a housing developer has elected to build the new school, they will be responsible for submitting a detailed planning application to the Local District or Borough Planning Authority to seek planning consent for their scheme, following consultation with the County Council. Where the developer opts to pay a financial contribution to the County Council to build a school on its development site, the County Council will be responsible for determining its own application, submitted by its Property Services Partnership, Arc.

If you have any further questions about the process of developing new schools in Nottinghamshire, please contact either: planning.policy@nottinghamshire.gov.uk or place.planning@nottinghamshire.gov.uk