Land at former Sunderland College North Hylton campus, Sunderland Planning and Development Brief

October 2017 Offers in the region of £1.5 Million Contents

Introduction 1

Section 1: Planning and Design Guidance 2

Location and description 3

Site Context 4

Planning Policy Context 5

Site Constraints 8

Land use and quantum of development 10

Planning and Design Principles 11

Section 2: Tender Process and Submission Requirements 14

Additional Information 15

Tender Process 17

Appendix 1: Abnormal Policy 20 Introduction

Sunderland College and Sunderland City Council are seeking to dispose of its freehold The disposal will be conducted through a two stage process, set out below. interest in 3.3 ha of surplus land at the former North Hylton Campus, North Hylton Road, Sunderland. Stage one:

The sites offer an opportunity to provide new residential development of high quality Developers are now invited to submit planning and design proposals for consideration family accommodation within this established residential area. in accordance with the requirements set out in this brief.

Located within North Sunderland the site is strategically placed between Sunderland The deadline 12 noon on Friday 12th January 2018 City Centre ( 2.5 miles) and Washington (3 Miles). The area is close to retail and leisure facilities of Southwick Local Centre and employment opportunities at Sunderland City Stage two: Centre and Nissan (2.5 miles). Those developers whose submissions in the opinion of Sunderland College and This planning and urban design brief has been prepared in partnership between Sunderland Council are satisfactory, and in the case of redevelopment proposals Sunderland College and Sunderland City Council to support the disposal of the joint comply with the requirements of the brief, will be invited to submit a financial offer. land interests and to ensure development achieves the highest possible planning and urban design standards. The brief identifies the key planning and design issues most The successful applicant will be required to submit their proposals for pre-application relevant to this site and indicates the considerations that will be used among other stage two advice. things to assess submitted proposals.

Candidates should therefore consider the advice offered as part of this brief and clearly demonstrate through their submissions how their proposals meet these requirements.

Requirements for the comprehensive development of the site are set out in Section One of this document.

Former College buildings Existing hardstanding on site

1 Section 1: Planning and design requirements

2 Location and description

Location and description The site is located within the North Hylton area of Sunderland, a predominately residential area with good access links to local retail and community facilities at Southwick Local Centre (0.5 miles), and Sunderland City Centre (2.5 miles).

The brownfield/greenfield mix site is relatively flat in nature and was previously occupied by Sunderland College Hylton Campus until its closure in 2016 when the Cemetery college relocated to Sunderland City Centre.

Allotments To the north lies the former Mapelwood Primary School and associated playing fields with allotments and cemetery beyond this. Directly to the east is English Martyr R.C Primary School and an existing residential area of predominately semi-detached family dwellings. To the south is Southwick Industrial Estate consisting of a variety of single Former School and two storey industrial units with some instances of brick constructed office blocks. Primary edcar Road Directly to the west is an area of open space and old aged miners cottages beyond R School which lies further residential areas of predominantly two storey family dwellings.

lton Road North Hy

Approved residential Southwick Industrial Estate development

Supermarket

Wessington Way (A1231)

Hardstanding on site View westward across site Location plan

3 Site context

Connections Directly to the west is a row of single storey white render aged miner cottages, beyond The site is situated between North Hylton Road and Redcar Road providing excellent this a residential area consisting of two storey semi-detached properties of red brick connections to the wider local highway network. Wessington Way is 800m from the construction. . site and provides links to the A1231 and A19 which provide further connections to Washington and the regional road network. To the north west of the site is an existing residential area of inter-war semi-detached bungalows of traditional construction with front and rear gardens and low level With regard to public transport the North Hylton area is well serviced by buses boundary treatment. providing regular access to Sunderland City Centre, Doxford Park, Washington, Houghton and Newcastle. To the north east the English Martyrs RC Primary school is predominantly single storey in nature with a small element of two storey toward the south. The school is of The site is not subject to any public rights of way however in the south west of the traditional brick construction and grey tile pitched roof. site a pedestrian route is provided through the amenity green space which will require retention. To the south links are provided to the National Cycle network including To the south beyond Hylton Road the built form consists of two storey office blocks connections to Sunderland and National Cycle Route 7. of traditional brick construction however due to the changes in topography the most easterly block presents only one storey onto the site. Surrounding built form The former college site is situated within a well established residential area of inter-war and post war properties. The surrounding built form to the east consists of two storey linked properties of brick and render construction with some properties having modern additions such as bay windows and porches.

Miners cottages to west Residential properties to north west North Hylton Road Redcar Road

4 Planning Policy Context

National Planning Policy Framework character and distinctiveness. In March 2012 the Coalition Government published the National Planning Policy • Preventing both new and existing development from contributing to or being put Framework (NPPF) and the National Planning Policy Guidance (NPPG) replacing all at unacceptable risk from, or being adversely affected by unacceptable levels of former Planning Policy Statements and Planning Policy Guidance. At the heart of the soil, air, water or noise pollution or land instability. NPPF is the presumption in favour of sustainable development, however, the NPPF • Minimise impacts on and provide net gains in biodiversity where possible. also establishes the following principles relevant to this site and to which development • Encourage opportunities to incorporate biodiversity in and around developments. proposals must adhere: Local Adopted Planning Policy & Guidance • Seek positive improvements in the quality of the built environment as well as in people’s quality of life. Unitary Development Plan • Encourage the effective use of land by reusing land that has been previously The council’s saved Unitary Development Plan (UDP) contains the most up-to-date and developed. relevant development policies for the city and will be a major influencing factor in the • Deliver a wide choice of high quality homes, widen opportunities for home redevelopment of this site. Ranging from site specific planning policies relevant to this ownership and create sustainable, inclusive and mixed communities. site, or more general city wide policies relevant to all developments within the city. • Respond to local character and history, and reflect the identity of local surroundings and materials, whilst not preventing or discouraging appropriate • H4: New housing innovation. • H16: Affordable housing • Address the connections between people and places and the integration of new • H21: Open space in residential areas development into the natural, built and historic environment. • B2: Scale, massing, layout and setting • Establish a strong sense of place, using streetscapes and buildings to create • CS1: Community facilities attractive and comfortable places to live, work and visit. • CF1: New community facilities • Create safe and accessible environments where suitable access can be achieved • CF5: Education by all. • CN17: Retention of trees • Seek to secure high quality design and a good standard of amenity for all existing • CN18: Nature conservation and future occupants of land and buildings. • T14: Highways • Create visually attractive places as a result of good architecture and appropriate • T22: Parking landscaping. • NA14: Redcar Road College campus development • Function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development. Emerging Core Strategy and Development Management Policies (2017) • Support the transition to a low carbon future. The emerging Core Strategy provides the overarching policy framework to guide the • Take account of landform, layout, building orientation, massing and landscaping development of the city over the next 15 years and once adopted will replace the to minimise energy consumption. current UDP. The emerging Core Strategy is currently at the preferred options stage • The desirability of new development making a positive contribution to local and is not formally adopted; however, it is now considered a material consideration in

5 determining planning applications. Residential Design Guide SPD The council’s adopted Residential Design Guide aims to deliver high quality sustainable Proposals should therefore take into consideration the policies within the document in development. The document identifies the principles upon which good urban design is particular those outlined below based and identifies key criteria against which proposals will be assessed. These criteria include the degree to which a development: • SS2: Principles of sustainable development • H1: Sustainable neighbourhoods • Responds to the context of a site. • H3: Housing mix • Successfully connects to existing routes and facilities • H4: Affordable housing • Addresses the needs of a community • E1: Urban design • Establishes a well-structured layout • E2: Public realm • Creates a safe and attractive public realm • E7: Biodiversity and Geodiversity • Considers the detailed elements and materials necessary for good design • E8: Woodlands/hedgerows and trees • Harnesses the potential for energy efficient layout and construction • E9: Greenspace • E17: Quality of life and amenity Design and Access Statements SPD • CM5: Surface water management The city council and central government are committed to achieving the highest • CM6: Water quality possible standard of design in new developments. This document outlines key • CM7: Disposal of foul water principles that will inform the design process and suggests a structure for supporting • CM8: Sustainable design and construction information to be included in a Design and Access Statement. • CC5: Local road network • CC6: New development and transport • ID1: Delivering Infrastructure • ID2: Planning obligations

Development proposals will be considered alongside the NPPF, the UDP and the council’s emerging Core Strategy in informing the redevelopment of this site.

Supplementary Planning Documents To supplement the above policies, a number of Supplementary Planning Documents have been produced to provide greater clarity on the expectations and aspirations of the council, and should be used to help inform the development process. The documents considered most relevant to this site are:

6 Other Guidance

National To complement the above policies, the council also endorses the use of a number of national guidance documents to help deliver the highest standards in urban design. It is recommended that these are also given due regard when proposals for a scheme are being developed. The documents considered most relevant to this site include:

• Building for Life 12 • Secure by Design • Manual for Streets

Local

Sunderland Strategic Housing Market Assessment (SHMA) The Sunderland Strategic Housing Market Assessment provides an assessment of housing need across Sunderland including types of housing, locality of housing and affordable housing need. The SHMA identifies a clear demand within North Sunderland for the provision of 2-3 bedroom semi-detached, detached and bungalow properties.

7 Constraints

The site is subject to a number of constraints which must be fully taken into account in the preparation of development proposals:

Allotments • Mature tree planting: There are instances of mature trees scattered throughout

the site. Proposals to remove existing trees must be supported by an arboriculture d

report and include potential mitigation in the form of planting of at least an a

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equivalent number of semi-mature native species at the planning application stage. t

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• Vehicle access: The site is located between two primary routes, Redcar Road a R and North Hylton Road, access can be provided for the development from both Former Maplewood highways however a connection between the two will not be permitted. School and grounds oad Redcar R • Activation: A pedestrian footpath and green space runs along the eastern boundary English Martyrs’ RC of the site, it is important that the layout of proposals provide appropriate levels of Primary School activation and frontage onto this area.

d • Boundary treatment: Proposals for the development of the site will need to take a o R

into consideration the boundary treatment between the development and the d o o w existing built form, in particular, the school to the north and the greenspace to the e in west. P

Road Hylton North

Primary routes Sub stations Pedestrian routes Source Protection Zone Boundary treatment Retail car park No build zone Pylon and overhead cable Residential amenity Mature trees Surface water flooding Mature tree planting Pedestrain route to west and amenity space Constraints plan 8 • Substation: A electricity substation is located on the western boundary of the site, proposals may need to move the structure or design around it. A gas substation is also located on the south eastern edge of the site, however this has been disconnected.

• Electricity Pylons: A high voltage overhead electric line and two electricity pylons are located on the western edge of the development, one of which is within the site boundary. A minimum of a 10m no-build zone will be applied to these.

• Ground water Soure Protection Zone (SPZ): Part of the site is currently designated a groundwater SPZ (mainly SPZ2).

• Car park: A retail unit and its associated car park are located directly to the east of the site, any residential development on the eastern boundary will need to take into consideration the implications on amenity.

Electricity Pylons and substation Existing sports pitch to north of site

9 Land use and quantum of development

The site is allocated within the UDP as CS1: Community Facilities, since then Sunderland College, in accordance with their Property Strategy, have consolidated their hubs and relocated its campus to the city centre.

The site has therefore been identified as suitable for residential development and capable of accommodating up to 90 units.

In line with planning policy and the findings of the SHMA, there is an aspiration to redevelop this for family dwellings. Taking into consideration the surrounding context of the site, the council is of the opinion that a mixed tenure family housing development would best suit the site and be able to fully harness the sites assets and natural attributes. Bungalows would also be welcome on the site.

Development blocks Long distant views Gardens Primary route Open Space Pedestrian route Pedestrian area. Trees parking/landscaping Landmark buildings

Indicative development layout 10 Planning and design principles

Layout Architectural Quality The layout of the development is not being prescribed within the brief however there The architectural character of new developments, their elevations and the materials are constraints to development which will need to be addressed within an appropriate with which they are constructed provide opportunities to complement and better response, therefore, proposals will be expected to implement the below. integrate a development within its surrounding context and reflect positive features of the local vernacular. Whilst the arrangement and built form of a development is • Properties to front onto North Hylton Road and Redcar Road continuing the important, of equal importance is its detailing. facade proportions, window sizes / existing building line. positioning and materials used play a key role not only in how a development appears • Direct vehicle access to private drives will not be permitted from North Hylton now, but how it may appear in the future, and how it interacts with its surroundings. Road, this will result in the back of the properties facing onto the sides/fronts of new properties within the development and vehicle access being provided In line with good design practice, the appearance and form of new developments from the rear. It is therefore considered appropriate for the properties on North should be relevant to and complement its surrounding context. New development Hylton Road to consist of double fronted house types providing adequate levels within the site should provide a individual character which responds to the surrounding of detailing and activation. The boundary treatment will also need to ensure that area through the use of scale and materials. activation is maintained whilst ensuring security. • Inclusion of amenity open space should act as an extension to the existing grassed Properties on the north and south boundaries will be located in a prominent position area on the west of the site and utilise the electricity pylon buffer zone. on primary routes through North Hylton. It is therefore important that proposals • In the main development should back onto the English Martyrs RC School. carefully consider their architectural design of these properties to ensure a strong • Pedestrian connections should be provided between North Hylton Road and design response is presented through the use of detailing and high quality materials. Redcar Road through the site. • Development will front onto areas of public realm and provide adequate levels of Materials ground floor activation. The choice of materials to be used should also be a key consideration in the design process. Materials which require significant levels of maintenance, which are not Scale and Massing durable, and which are likely to age/weather badly should be avoided. Only materials The scale and massing of the development is a fundamental component of a scheme which is likely to influence how well it sits within and complements its surrounding context. Taking into consideration the surrounding built form of the site it is considered that the development should be predominantly two storey in nature with an increase to 2.5 storeys in key locations such as gateways, corners and focal points.

Residential units should in the main consist of semi-detached properties to sit comfortably within the surrounding context.

Modern housing development Variety of materials

11 which are developed to the highest possible specification and are durable to the Highways and Access changeable climate of the UK should be used. Long-term maintenance issues must be Vehicular access to the site should be from both North Hylton Road and Redcar Road satisfactorily addressed in any proposal for the sites. however a vehicle connection between the two will not be permitted. It is anticipated that the former Maplewood School site will be brought forward for development in the Amenity Open Space and the Public Realm future, therefore any proposals for accessing the Hylton Campus site from Redcar Road Policy H21 of Sunderland City Council’s UDP sets out the amenity green space must take this into consideration. requirements for residential developments within the city. The 2012 Greenspace Audit identifies that the Southwick Ward has below average quantity and quality of amenity The developer will be required to produce a Transport Assessment to support a future greenspace therefore a minimum of 0.9ha of amenity open space per 1000 bedspace planning application. will be required on the site. New amenity green space should be provided in addition to that already existing on the western edge of the site. Pedestrian connections should be provided between Redcar Road and North Hylton Road, a connection should also be provided through to the greenspace to the west The suitability of any proposed scheme is highly dependent on the quality of any increasing levels of permeability throughout the area. landscaping works associated with the development, both in terms of improving the aesthetic value of the setting of the site, but also as a meaningful mitigation tool Parking to protect the amenity of those within and around the development. The council Parking must be well designed and integrated into the development and contribute to envisages proposals to provide usable, easily maintained hard and soft landscaping the overall quality of the public realm. Proposals should create an environment which is treatment to all public areas within the site. not dominated by car parking and provide a variety of parking methods.

There should also be a legible environment established that is easy to move around, Developments should avoid the dominant use of integrated garages in order to create including gateways, landmarks and identifiable nodes. a high quality public realm and create a safer pedestrian environment. The aim is to provide parking which will add to the overall quality and character of the development. Appropriate arrangements may include a combination of in plot parking, within well- designed public realm spaces or on street parking bays

The following vehicle parking provision will be expected within the developments: • 2 and 3 bed properties should be provided with one space per dwelling • 4+ bed properties two spaces per dwelling should be provided. • Parking for visitors should be evenly distributed throughout the development with each space in reasonable proximity to the group of properties it is intended to serve. Visitor parking provision should be made at a rate of one space per three residential units (30 spaces for 90 units). Cycle parking will also be required as part of the development Landmark building - Material pallet Existing Amenity green space

12 Sustainability Ecology Sustainability in its widest sense should be fundamental to any development proposals. Mature trees are scattered throughout the site, development proposals should seek to The site has the potential to demonstrate Sunderland City Councils commitment to retain the trees unless there is evidence of disease or their retention is situ would make sustainable, low carbon building. It is therefore particularly important that the principles development unfeasible. Any proposals to remove the trees will need to be accompanied behind eco-friendly, low carbon developments are explored and integrated into the by an arboricultural report and include mitigation in the form of planting of at least an development. equivalent number of semi-mature native species at the planning application stage.

The design of proposals should be informed by a commitment to sustainability and energy conservation issues, making prudent and efficient use of natural resources and HRA Mitigation materials. The site lies within 6km of the coast and the internationally important Northumbria Coast Special Protection Area (SPA), Durham Coast Special Area of Conservation Sustainable Urban Drainage Systems (SAC) and Northumbria Coast Ramsar, as such it will be necessary to ensure that the Development proposals will need to ensure the integration of SUDs to manage development proposal will not have any likely significant effects on the designations, as surface water drainage. The drainage requirements of the site should be informed by required through the Habitats Directive. a detailed assessment of the existing drainage regime in the area and a site Flood Risk Assessment. SUDs for greenfield discharge rates should be incorporated in the earliest The Council is in the process of preparing a Habitats Regulations Assessment (HRA) stages of the site design. SUDs should endeavour to contribute to the provision of which will identify whether development within this area will have any adverse effects green infrastructure but not reduce the level of usable amenity space. Arrangements on the integrity of the SPA, SAC and Ramsar and if so whether mitigation measures will must be put in place for the whole life management and maintenance of the SUDs. be required and what these might be.

It will be necessary for a planning application for this development site to be submitted along with a HRA Screening Assessment, informed by the councils Habitat Regulations Assessment. For any questions regarding this process please contact Linzi Milley ([email protected])

S106 Contributions Through the planning process financial contributions will be sought for the following: • Education * TBC • Play - £701 per dwelling • Affordable Housing - 15% ( 80% affordable rent 20% intermediate ) • HRA Mitigation - * TBC

Car ports SUDs

13 Section 2: Tender process and submission requirements

14 Additional information

Ground conditions Obligation to develop (call option) If the development of the site has not commenced within 2 years of the date of No ground investigations have been undertaken and it is the responsibility of the completion of documentation the council and college shall have the option to buy developer to ensure the site is suitable for the development proposed. back the land at the purchase price. Any costs incurred by the developer will be at their own risk. Services The bidders should make their own enquiries about the availability of services. Fees The purchaser will be responsible for the payment of the council’s surveyor’s fees Tenure of 3% + VAT of the gross offer in addition to the council’s legal fees the higher of This will be a joint disposal with the Sunderland College site under title TY199743 0.5% + VAT of the gross offer or £2,100 + VAT. Fees will be payable on the exchange and TY334427. Sunderland Council owns the freehold interest in the site under title of contracts and will not be refunded in the event the sale does not proceed to TY376888. The site will be made available with vacant possession. completion.

Brief terms of sale A 10% refundable deposit will also be payable at the exchange of contracts. The deposit will be refundable in the event the conditions can not be satisfied, provided Purchase Price that the developer has used reasonable endeavours to satisfy the conditions. The Gross Offer will be subject to any reduction to reflect abnormal building costs that may be agreed in accordance with the Abnormal Costs Schedule attached Appendix 1 Planning of this brief. Any known costs including S106 and demolition will not be considered as abnormals and should be accounted for before the Gross Offer. Pre-application Pre-application discussions are an opportunity for the Councils key stakeholders and Gross Offers in the region of £1.5 Million are invited developers to work together to consider a proposed scheme in detail and give advice on any issues that may affect the proposal. Conditions The sale will be conditional on: The council have already sought Pre-application Stage One advice from Development Management for the development of the site. The preferred developer will be • Pre-app stage two permission expected to submit their proposal for Pre-app Stage Two advice. • Planning permission • Surveys and investigations satisfactory to the buyer Further advice on the pre-app process can be obtained from: • Agreement of abnormal costs http://www.sunderland.gov.uk/index.aspx?articleid=4347 • Proof of funds.

15 Complementary Council Services

Building Control It is assumed that the purchaser will use the councils Building Control service subject to a competitive quote being provided by the council for this function.

As the Planning and Building Control teams operate as a unified service, the use of the councils Building Control services will help to provide a seamless passage through the regulatory process. SCC Building Control offer a bespoke service to clients, offering free Building Regulation pre-submission advice to developers on design and compliance with Building Regulations. This can avoid costly delays in the programme and errors on site. Building controls fees are extremely competitive.

Contact the Building Control Team on (0191) 561 1550 for further advice and to speak to a surveyor.

Developer services The Infrastructure Commercial Services (ICS) section within Sunderland City Council offers design services relating to all developments with a highways element. This can include the creation of new highway or the modification of existing highway which would be covered under Section 38 & 278 of the Highways Act 1980.

The ICS section can guarantee adoptable designs first time for all highway layouts and provide the latest adoptable construction criteria. Furthermore should SCCs Highways Operations section be contracted to carry the construction works then a Bond of Surety will not be required in relation to the required Highways Agreement.

For further details contact the ICS section on 0191 561 7969.

16 Tender process

Offer procedure Indicative disposal timetable The disposal will be conducted through a two stage process: In order to ensure that the transaction is completed as quickly and efficiently as possible, the Council expects the prospective developers to adhere to the following Stage one: indicative timetable:

Developers are now invited to submit planning and design proposals for consideration Stage one submission: in accordance with the requirements set out in section . 12 noon on Friday 12th January 2018

Stage one submissions should be returned to the address below by no later than Confirmation of bidders for Stage 2: 12 noon on Friday 12th January 2018 12 noon on Friday 26th January 2018

The council has endeavoured to provide all the information at stage one to enable Stage two submission (financial offer): potential bidders to put together a submission for both stages however the right is 12 noon on Friday 16th February 2018 reserved to issue further documentation clarification and information for those who progress to stage two. Selection of preferred developer: Stage two: 12 noon on Friday 2nd March 2018

Only those developers whose submissions comply with the requirements set out Exchange of conditional contract: in Section one of this brief will be invited to submit a financial offer. See stage two 12 noon on Friday 20th April 2018 submission requirements (page 22) Submission of pre-application stage 2 by: All submissions should be returned in a sealed envelope marked ‘Tender for Land 12 noon on Friday 18th May 2018 at North Hylton College’ to the following address. The envelope must not have any marking on it which could identify the sender. Submission of planning application by: 12 noon on Friday 10th August 2018 Head of Property Sunderland City Council Completion expected by: Civic Centre 12 noon on Friday 16th November 2018 Burdon Road Sunderland Completion will be subject to planning consent being granted for the proposed SR2 7DN development, together with the settlement of any agreed, reasonable, unforeseen development costs.

17 Stage one submission: planning and design brief Furthermore, plans, photomontages and computer modelling submitted in support of Developers are invited to put forward proposals in accordance with the requirements proposals must provide an accurate illustration of the final massing and appearance of below. The submission of planning and design proposals allows the College and proposals, including the use of materials. Council to assess which bids meet the requirements of the Development Brief in Section 2 of this document. The council will not approve the preferred bidder’s proposals at contractual stage which detrimentally alter the accepted Stage One proposal on the grounds of cost, For the purposes of stage one, developers are required to submit: feasibility or viability. • A written statement to include: - Explanation and justification for proposals Submissions must be provided in both electronic and paper format, but not by email - Concept sketches - Design precedents and inspirations Assessment Methodology - Illustrated examples of their architect’s previous experience in producing high The submissions will be assessed against the guidance contained within the Planning quality buildings. and design requirements (Section One of this document) and evaluated on a pass/fail • A 1:1250 scale site layout plan rendered in full colour or otherwise detailed to basis based upon the criteria below: enable buildings, boundaries, roads, footpaths, landscaping, car parking etc. to be easily identified. Pass: • Fully annotated elevations, floor plans and sectional drawings The information submitted demonstrates evidence of a deliverable proposal and responds • Axonometric sketches or other 3D modelling of the proposed development to the briefs minimum requirements in relation to planning and design criteria provided in to illustrate the relationship between individual dwellings, open space etc. and section one of this document. between the site and its immediate surroundings.. • Details of the palette of materials for all works to be undertaken (both in buildings Fail: and landscape). Information and plans are fundamentally absent or limited / lacking in information to a • Indicative funding strategy. significant proportion of material elements.

Applicants are reminded that the information contained within Stage one submissions Fail: will form the basis for future discussions through the planning process. Whilst minor The concept is physically unachievable or does not respond to the briefs Planning and amendments may be required throughout the statutory planning process the applicant Design criteria. should not seek to revise principles of the development proposals submitted at stage one. Submissions at stage one should therefore be based upon realistic and achievable proposals.

18 Stage 2 Warranty Those developers who pass the stage one submission requirements in compliance with The Council in both it’s capacity as Local Authority for the City of Sunderland and as the details above will be invited to submit a financial offer at stage two on an informal owner of the property and Sunderland College as owner of the property described for tender basis. The preferred developer will be selected at stage two on the basis of the their self, their servants and agents give notice that: most financially advantageous offer to the College and Council. • Whilst every effort has been taken to ensure the accuracy of the information All submissions should provide evidence of the developers ability to fund the scheme. contained in these particulars, the council offers no guarantee of accuracy. You are Please submit a gross financial offer taking into account known site constraints. This accordingly advised to visit the property before submitting an application to satisfy should include affordable housing requirements and any other known planning or yourself regarding physical conditions, services etc. highways requirements for this site. • The College and Council do not bind itself to accept the highest or any offer Reasonable unforeseen abnormal costs will be negotiated and deducted from the received and will accept no responsibility for any expenditure incurred by any gross financial offer following detailed site investigations and production of evidence by interested party in relation to the submission of any offer, whether successful or the successful developer (see Appendix One: Abnormal Policy). The council’s surveyors not. fees, demolition costs, any S106 requirements and any other known planning or highways requirements for this site will not be deducted as an abnormal cost in line • The College and Council do not give any guarantee for the current or proposed with appendix A and therefore should be accounted for within the gross financial offer use of the property.

Please note that the College and Council are not bound to sell the land to the highest or any bidder.

19 Appendix 1: Abnormal costs schedule

20 Abnormal costs schedule

1. Interpretation (5) the cost of providing on or off site pumping stations and on or off site storage and/or balancing requirements and/or the cost of upsizing drains on site and/ 1.1 In this Schedule, unless stated otherwise, the following words and expressions shall or the cost of a providing an electricity substation and/or gas governor on or off have the following meanings:- site in relation to the property which are in excess of the normal requirements for the proposed development; 1.1.1 “Abnormal Development Costs” the proper cost of all and any of the following :- (1) diverting the existing Services within or outside the boundaries of the (6) removal of any underground storage tanks from the property; Property to enable the Development to proceed and which could not have been foreseen or allowed for without site investigations; (7) additional development costs required to over come physical problems such as mine shafts or other sub ground structures which could not have been (2) substructures including foundations reasonably required as the result reasonably forseen or allowed for without site investigations; of adverse ground conditions (including but not limited to the proximity of trees and their root systems) which exceed the usual method appropriate for that (8) extraordinary costs required to provide services or service media to the site type of development which could not be fore seen or allowed for without site or divert services or service media which could not have been anticipated at the investigations time of the offer;

This shall include grubbing up of all such foundations and filling of all such (9) All costs associated with any planning obligations required by the Local foundation voids left remaining to the extent that the same is reasonably Planning Authority in the granting of planning permission for the proposed required to those parts of the Property where new foundations are required development which could not have been anticipated at the time of the offer or for new development such grubbing up and filling of voids to be carried out are not detailed in this brief. to the specification required by the local planning authority and/or Building Inspectorate Authority; (10) but excluding any costs associated with the site constrains identified within the development brief or visible on site (save for those costs over and above (3) measures which are reasonably required for dealing with any contamination what could have been reasonably anticipated by the developer). pollution or reclamation of the Property (including but not limited to asbestos) including removal of material and the provision of capping and any land fill tax 1.1.2 “Services” water gas electricity foul and surface water drainage that is applicable regarding the Property which could not have been foreseen or telecommunications and other services. allowed for without site investigations; 1.1.3 “Services Media” pipes cables wires (including supporting structures including poles and inspection chambers) and all other conducting media for the passage of (4) the cost of providing drainage outside of the boundaries of the Property for Services. the discharge of foul and surface water for the proposed development which are in excess of the normal requirements for the proposed development;

21 1.2 Obtain reports supplied and approved before any or all of the investigations commence.

1.2.1 The buyer shall as soon as practicable and in any event not more than [6] 1.2.2.7 the Buyer shall keep the Seller fully indemnified against all actions, months from the date of this contract obtain all necessary reports to enable it to claims, demands and proceedings taken or made against the Seller and all costs, calculate the estimated abnormal development costs. damages, expenses, liabilities and losses incurred by the Seller as a consequence 1.2.2 The Seller (if demanded hereafter by the Buyer) hereby grants a licence to the of the Investigations or other activities of the Buyer on the Property. Buyer and its contractors to enter onto the Property with or without vehicles and machinery to carry out the Investigations on the following conditions:- 1.3 Agreement of Abnormal Development Costs

1.2.2.1 the Buyer shall give reasonable notice in writing to the Seller before 1.3.1 The Buyer shall within ten Working Days of receiving the last of any necessary entering the Property of at least 10 Working Days including details of the nature reports serve a notice (“the Costs Notice”) on the Seller (with copies of the of the investigations to be carried out on the Property and the identity of the Reports) detailing the estimated amount of the Abnormal Development Costs and contractors carrying these out. requesting that the Seller shall advise the Buyer whether this estimated amount is agreed. 1.2.2.2 the Buyer and its contractors shall use the main entrance as specified by the Seller for access to and egress from the Property and shall keep the Property 1.3.2 The Seller shall consider the Buyer’s estimate of the Abnormal Development secure and safe for members of the public at all times. Costs and advise the Buyer whether this estimate is agreed within the period of 28 Working Days following service of the Costs Notice on the Seller. The estimate 1.2.2.3 the Buyer and its contractors shall fill in bore holes and excavations as shall not be treated as agreed unless and until the Seller’s Conveyancer confirms soon as practicable and leave the Property in the same state and condition as at in writing that the relevant committee cabinet or officer acting in accordance with the date of this Contract. delegated powers of the Seller has approved the revised Purchase Price reflecting the amount of the Abnormal Development Costs. 1.2.2.4 the Buyer and its contractors shall not allow any unnecessary damage to the Property and shall take all reasonable steps to identify and avoid damage to or 1.4 Failure to agree Abnormal Development Costs disruption of Services or Services Media. 1.4.1 If the Seller disagrees with the Buyer’s estimate of the Abnormal Development 1.2.2.5 the Buyer and its contractors shall clear up immediately any earth or other Costs then (save where the costs condition has been waived by the Buyer pursuant materials deposited on the highway by its vehicles plant and machinery. to clause 1.5.4 of this Agreement) unless the parties are able to agree the Abnormal Development Costs within a further period of twenty working days together with 1.2.2.6 the Buyer and its contractors shall observe any further conditions which such further period stipulated by the Seller as necessary to satisfy the Seller’s the Seller may attach to this Licence at its absolute discretion and without internal procedures either party may elect to rescind this Agreement by written prejudice to the foregoing the seller may require that a method statement be notice to that effect on the other (but without prejudice to the rights of either party

22 in respect of any antecedent breach).

1.4.2 If the Seller fails to serve a notice within the relevant period set out in paragraph 1.3.2 then the Seller shall be deemed to disagree with the buyers estimate of abnormal development costs and the provisions of paragraph 1.4.1 shall apply.

1.5 General Obligations

1.5.1 The Buyer agrees that it shall at all times operate an open book policy in relation to the calculation of the Abnormal Development Costs both with regard to the Seller and any independent consultant appointed by the Seller to advise on the information supplied in the Costs Notice.

1.5.2 Without prejudice to the generality of paragraph 1.5.1 the Buyer shall provide such information required by the Seller or by such independent consultant appointed by the Seller which they regard as necessary to determine the accuracy or acceptability of the estimated amount of the Abnormal Development Costs.

1.5.3 The Buyer and the Seller mutually agree that they shall deal with each other in the utmost good faith with regard to this Schedule.

1.5.4 Notwithstanding any other provision within this Schedule, the buyer shall at all times be entitled to waive the costs condition of this contract and in the event of such waiver the purchase price shall be deemed to be the gross offer as defined by the conditional contract and not be reduced by any purported Abnormal Development Costs.

23 For further details and copies in large print and other languages please contact:

Louise Whitaker- Valuation Surveyor

Sunderland City Council Civic Centre Burdon Road Sunderland SR2 7DN

Tel: (0191) 561 2633 email: [email protected]