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Agreement further to Section 106 of the Town and Country Planning Act 1990 relating to development on land to the east of Kingston Bagpuize, Oxfordshire

Building construction work
South East (UKJ14)
Published value
Not published
Submission deadline Not published
Lots published1
Procurement Executive Summary
AI & Search Synopsis
Generated from official OCDS record
Tenderline Synopsis: Oxfordshire County Council: "Agreement further to Section 106 of the Town and Country Planning Act 1990 relating to development on land to the east of Kingston Bagpuize, Oxfordshire". Published status: complete. Published value: Value not published. 1 published lot. Submission deadline not published. See the official notice for participation instructions.
Contracting AuthorityOxfordshire County CouncilScope & CategoriesNot publishedSubmission Window
complete
No deadline published
Submission GatewayDirect notice routeLegal Basis & RegimeStandard procurementEstimated Value (exc. VAT)Not published
Bidder Intelligence · Authority Profile: Oxfordshire County Council
Market Analytics
View Authority Profile →
Derived from OCDS awards & bid statistics
Published history for Oxfordshire County Council. These figures describe retained records, not a forecast of bids or a measure of buyer bias.
Published-to-award variance
Not availableInsufficient comparable data
Requires at least 5 comparable procedures
Competition Density
51.9Bids / Report
14.8% of reports have one bid
Supplier ConcentrationNo estimate
Insufficient attributable awardsNo concentration estimate available
Payment Terms
Check noticePublished terms
Payment obligations depend on the applicable regime and contract. Consult the official documents.
Coverage: 28 active published awards; 27 bid reports (which may be per lot). Supplier values exclude multi-supplier awards, frameworks and DPS, and use GBP only. They are published award values, not payments. Published-to-award variance compares single-lot, single-award, single-supplier GBP procedures with explicitly non-framework/non-DPS status; increases remain in the average. Unpublished data stays unknown. Awarded suppliers are winners, not all bidders.
Procedure terms
Contracting AuthorityOxfordshire County Council
Procedure methodNot published
Procurement categoryNot published
Statuscomplete
Framework / DPSNot published
CompetitionNot published
Above thresholdNot published
Legal basisNot published
Tender period startsNot published
Clarification deadlineNot published
Electronic submissionNot published
Submission languagesNot published
Published21 Mar 2024, 10:41 GMT
Last source update21 Mar 2024, 10:41 GMT
Recurring procurementNot published
ClassificationBuilding construction work
Delivery area
South East (UKJ14)
OCIDocds-h6vhtk-044b1e
What is being bought
The proposed contract will be a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 relating to proposed residential and associated development (“the Development”) on land to the east of Kingston Bagpuize, Oxfordshire (“the Site”). It will contain a series of commitments by the ultimate developer, conditional on implementation of the Development (entirely at the discretion of the developer) and the progress of the Development for the design and execution of a series of improvements to highway infrastructure in the area to facilitate and mitigate the impact of the Development.
What changed
From the official release history
  1. Status changed to complete
    21 Mar 2024, 10:41 GMT
  2. Official notice release published
    21 Mar 2024, 10:41 GMT
  3. Buyer information updated
    21 Mar 2024, 10:41 GMT
Lots and requirements (1)
Published by the contracting authority
  • Lot 1 · #1
    Individual lot title not published
    Status not published
    Published valueNot published
    The proposed contract will be a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 relating to proposed residential and associated development (“the Development”) on land to the east of Kingston Bagpuize, Oxfordshire (“the Site”). It will contain a series of commitments by the ultimate developer, conditional on implementation of the Development (entirely at the discretion of the developer) and the progress of the Development for the design and execution of a series of improvements to highway infrastructure in the area to facilitate and mitigate the impact of the Development. Further information: • It is understood that the contract award is taking place under EU directive 2014/24/EU. Although it is noted that the relevant UK legislation is the Public Contracts Regulations 2015 as the procedure was not commenced prior to 31st December 2020 (end of the transition period) so it is not governed by the EU directive 2014/24/EU but just by the Public Contracts Regulations 2015 (which of course transposed directive 2014/24/EU into UK Law) as amended by the Public Procurement (Amendments)(EU Exit) Regulations 2020. • Start and end date of the contract: not known as it is conditional on the grant of planning permission by Vale of the White Horse District Council and the commencement of development by the developer. Oxfordshire County Council intends to conclude the proposed agreement as soon as practicable after the operation of a standstill period of at least 10 days from the day after the date of publication of this notice
    Contract periodNot published
    EligibilityNot published
    Options / renewalNot published
Timeline
  1. Procedure published
    21 Mar 2024, 10:41 GMT
  2. Award active
    Not published · Not published
  3. Contract active
    Signed 21 Mar 2024, 00:00 GMT · £12,418,920
Commercial outcome and competition
Awards
Lioncourt Strategic Land Limited, The President and Scholars of Saint John Baptist College in the University of Oxford
Not published · Not published · active
Contracts
Contract
£12,418,920 · signed 21 Mar 2024, 00:00 GMT · active
Bid statisticsNo aggregate bid statistics published
Buyer and organisations in this procedure

Oxfordshire County Council

Contracting authority GB-FTS-3851
View buyer profile

  • Oxfordshire County Council
    buyer

    3rd Floor, County Hall, Oxford, UKJ14, OX1 1ND
    Lauren.Hawkins@Oxfordshire.gov.uk
    +44 0

  • High Court of England and Wales
    reviewBody

    Royal Courts of Justice, London, WC1A 2LL

  • Lioncourt Strategic Land Limited
    supplier

    Apex Park, Wainwright Road, Worcester, UKJ14, WR4 9FN

  • The President and Scholars of Saint John Baptist College in the University of Oxford
    supplier

    St. Giles, Oxford, UKJ14, OX1 3JP
Documents (0)
Official links; attachments are not copied
No data
No linked documents are published
Related procedures (0)
No data
No related procedures published
Planning and rationale
Planning budgetNot published
No-engagement rationaleNot published
Procedure rationaleThe proposed agreement (“the Section 106 Agreement”) will contain commitments by the ultimate developer (“the Developer”) to design and execute a series of improvements to existing highway infrastructure in the area to provide suitable safe and satisfactory access to the Development and to address the additional demands that will be placed upon the local highway network by the Development. It is considered that the Section 106 Agreement will not constitute a public works contract for the following reasons: 1. The Section 106 agreement is required to make the Development acceptable in planning terms, in accordance with Regulation 122 of the Community Infrastructure Levy Regulations 2010. The essential objective of the Section 106 Agreement is for a planning purpose in accordance with the statutory planning regime. It is to ensure the grant of a satisfactory permission to develop the Site rather than the realisation of any specific public works by the Developer on or near the Site. It was endorsed in Faraday Development Ltd v West Berkshire Council and St Modwen Developments Ltd (“the Faraday Case”) following the principle established in Helmut Muller GMbH v Bundesanstalt fur Immobilienaufgaben-Helmut Muller) that an agreement was not a public works contract where the contracting authority’s primary objective was of a planning nature under the statutory regime. 2. An essential ingredient of a public works contract is that it is for pecuniary interest – see Regulation 2 of the Public Contract Regulations 2015. The Advocate General’s opinion in European Commission v Kingdom of Spain seeks to provide a definitive statement of the meaning of “pecuniary interest” concluding that it implies that the contracting authority needs to use its own funds either directly or indirectly. No direct financing will be provided by the contracting authority in respect of the Section 106 agreement. Indirect financing occurs when the contracting authority suffers economic detriment as a result of the method of funding the works. No economic detriment will be sustained by the contracting authority in consequence of entering into the section 106 agreement. The highway works will be delivered in kind rather than through the provision of funding to the contracting authority. 3. It is a requirement of a public works contract that there must be a legally enforceable obligation to carry out works. Under the Section 106 Agreement there will be no obligation for the highway works to be delivered unless the Development is implemented and it is entirely at the discretion of the Developer as to whether the Development is implemented. Thus the Section 106 Agreement corresponds to the agreement considered in the case of R (Midlands Co-operative Society Ltd) v Birmingham City Council (1) Tesco Stores Ltd (2) (as subsequently approved in the Faraday Case) where the agreement contained no obligation contingent or otherwise for the carrying out of development and so was not a public works contract. Notes: a. The estimated aggregate value (including VAT) of the highway works further to the Section 106 Agreement which the Developer is to undertake is £14,902,703. b. In the agreements under Section 278 of the Highways Act 1980 that will follow the Section 106 Agreement and the grant of planning permission for the Development, the Developer will undertake a transparent and impartial procurement process for the highway works. c. The contract (Section 106 Agreement) has been awarded jointly to: The President and Scholars of Saint John Baptist College in the University of Oxford (1) and Lioncourt Strategic Land Limited (2).