In October and November 2009 Sharpe Pritchard completed major section 106 agreements on three of five sites in the Cambridge Southern Fringe, namely, Trumpington Meadows, Clay Farm and Glebe Farm.

The Cambridge Southern Fringe is a housing growth area identified for the development of a mix of uses such as housing, leisure and recreation, education, health, employment land use, local shopping and open space.  The land to be developed falls within the administrative areas of Cambridge City Council and South Cambridgeshire District Council who are the local planning authorities.  Cambridgeshire County Council is responsible for related infrastructure, including highways, education and waste provision. The Councils have formed a Joint Development Control Committee to deal with major applications in designated growth areas in the Cambridge sub-region Sharpe Pritchard were appointed through Catalist to act for all three authorities.

In parallel to our work dealing with planning aspects, the firm also advised the councils on procurement issues and on the form of appropriate draft transfers and leases which were to be included in the section 106 agreements.

Soon after Sharpe Pritchard was instructed to deal with the Clay Farm and Glebe Farm section 106 agreements, the developers lodged an appeal by reason of the Joint Development Control Committee’s non‑determination of the applications.  The firm was required to support officers in continued negotiations and to complete the section 106 agreements in parallel and within a very tight timescale, imposed by procedural rules and the requirements of the Inspector.

Various other initiatives assisted in the process.  These included use by the County Council of its prudential borrowing powers and the availability of flexible finance to the applicants by Cambridgeshire Horizons (the body managing delivery of growth), through innovative use of the Housing Growth Fund.

The Trumpington Meadows agreement was completed on 9 October 2009.  The scheme provides for 1,200 dwellings.  40% of the housing is to be provided as affordable housing under a scheme approved by Cambridge City and South Cambridgeshire District Councils.  The section 106 agreement also provided for financial contributions in excess of £20 million, approximately 75% of which was for transport and primary and secondary education provision.

The agreements for Clay Farm and Glebe Farm were completed on the 12^th November 2009. The scheme for the Clay Farm site provides for 2,300 mixed tenure dwellings (which includes an element of affordable housing), community, sports and recreational facilities, and new primary and secondary schools together with related infrastructure.  A range of recreational facilities such as allotments, plantations, play areas and public open space was also secured. The financial contributions provided under the Section 106 Agreement amount to over £50 million, which includes provision for education and transport. The Glebe Farm scheme provides for up to 300 dwellings with associated landscaping and open space provision. The section 106 agreement provides for financial contributions in excess of £3.7 million of which approximately 75% is to go towards transport and education provision.  

Many of the triggers in the Clay Farm and Glebe Farm agreements are shared, but provision is made in both to enable them to take effect in the eventuality that the other permission is not implemented. In all three agreements, provision is made to secure that the developer transfers the freehold in the affordable housing (on a phase by phase basis) to an approved affordable housing provider. Separate development agreements have been completed between Bedfordshire Pilgrims Housing Association and the owners to facilitate the transfer. 

Sharpe Pritchard partner Brian Hurwitz dealt with the Trumpington Meadows agreement.  Partner Denise Stephenson and senior assistant Lorna Bowry dealt with the Clay Farm and Glebe Farm agreements respectively (including areas of overlap).  Partner Jo Pickering undertook the property work for the City and (in the case of Clay and Glebe Farms) the County and partner Keith Simkins advised on procurement issues.