[NNote 1 Insert the address of the Application Site
ote 1 ]
[NNote 3 Insert the names of all those named as the owner of the land at the Land Registry if different to the Applicant. This should include all those with an interest in land to which Section 106 of the Town & Country Panning Act 1990 applies (including mortgagees). If the Applicant is the only landowner, delete this box. Please supply up to date Land Registry Official Copies in respect of all registered titles within the development site.
ote 3 ]
Waverley Borough Council
1 Definitions 1
2 Statutory Authorities 2
3 Conditionality 2
4 Planning Obligations 3
5 Interest and Statements of Account 3
6 Obligations after Disposal of Whole or Part 3
7 Notices 3
8 VAT 4
9 General 4
10 Local Land Charges 4
11 Contracts (Rights of Third Parties) Act 1999 4
12 Costs 4
Schedule 1 – The Application Site 6
Schedule 3 – Planning Obligation 7
Schedule 3 – Planning Obligation 8
Schedule 4 – The Landowner 9
SJW/SJA/44513.00004/7039045.02 Page 11
This Undertaking is
[NNote 4 Insert the name of the Applicant for planning permission
ote 4 ] (the Applicant)
[of NNote 5 If the Applicant is an individual, insert his/her address after "of". If the applicant is a registered company, insert the company number, registered office address and (if different) the principal place of business. Delete the boxes which are not applicable.
ote 5 ]
[registered in England with number [ ]
whose registered office is at[ ] whose principal place of business is at [ ]; and
The Landowner as defined in Schedule 4
Waverley Borough Council of the Council Offices, the Burys, Godalming Surrey, GU7 1HR (the Borough Council)
The Borough Council is the local planning authority for the purposes of Section 106 of the Act for the area within which the Application Site is situated.
The [Applicant] [and] [Landowner]NNote 6 Delete as appropriate
ote 6 is registered as the freehold owner of the Application Site with title absolute at HM Land Registry under title number [NNote 7 Insert the Land Registry title number(s) for the land comprising the Application Site
ote 7 ].
[The Applicant has an interest in the Application Site]NNote 8 This recital should be included only if the Applicant has a legal interest in the title to the Application Site but is not the landowner.
The Application for Planning Permission has been made by the Applicant to the Borough Council to develop the Application Site.
The Parties have agreed that the provisions herein contained should have effect in order to secure the proper tariff in accordance with the Planning Obligations Code of Practice (the Code of Practice) adopted by the Borough Council on 14 June 2007. This Deed reflects the form of agreement that the Borough Council intends to enter into in relation to all relevant sites
It is agreed:
Act means the Town and Country Planning Act 1990 (as amended).
Application for Planning Permission means the application submitted by the Applicant with reference number [NNote 9 Insert the Council's planning application reference number here (this can be found on the correspondence received from the Council
ote 9 ] seeking permission for development of [NNote 10 Insert the description of development as it is worded in the planning application
ote 10 ] on the Application Site.
Application Site means the site the subject of the Application for Planning Permission more particularly described in Schedule 1 of this Deed.
Commercial Buildings means any commercial floorspace which the Applicant intends to build on the Application Site.
Development means the development the subject of the Application for Planning Permission.
Dwellings means any residential units which the Applicant intends to build on the Application Site.
Index-Linked means linked to the annual rate of inflation as measured by the Retail Price Index from the date of this Deed to the date of payment
Infrastructure Contribution means the sum of [NNote 11 Insert the total amount of the contribution in words and in numbers
ote 11 ] pounds (£[ ]) Index-Linked as set out at Schedule 3 of this Deed comprising contributions towards the infrastructure, education, environmental and community facilities detailed in the Code of Practice.
Legal Costs Sum means the sum of five hundred pounds (£500) for the reasonable legal costs of the Borough Council in reviewing this Deed.
Material Operation means a material operation pursuant to the Planning Permission on the Application Site the subject of this Deed pursuant to Section 56(4)(a)-(e) of the Act provided that for the avoidance of doubt a Material Operation shall be deemed not to have taken place for the purposes of this Deed by any surveying ground investigation archaeological investigations structural or advanced planting site clearance demolition and decontamination works site preparation including earth moving laying of sewers and services the erection of fences and hoardings and the creation of a site compound. The undertaking of a Material Operation is considered to be the commencement of development pursuant to the Planning Permission.
Parties means (1) the Applicant (2) the Landowner.
Plan means the plan annexed at Schedule 2.
Planning Permission means a planning permission for the Development granted pursuant to the Application for Planning Permission.
5 Interest and Statements of Account
5.1 Without prejudice to any other right remedy or power herein contained or otherwise available to the Borough Council if any payment of any sum referred to herein shall have become due but shall remain unpaid for a period exceeding thirty (30) days the Parties shall pay on demand to the Borough Council interest thereon at the interest rate of five percentum (5%) per centum per annum above the Bank of England Base Rate from the date when the same became due until payment thereof.
6 Obligations after Disposal of Whole or Part
6.1 The Parties shall cease to have any obligation or liability under the terms of this Deed in relation to the Application Site or any part thereof once it shall have parted with all its interest in the Application Site or that part thereof but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
6.2 Subject to Clause 6.3, notwithstanding the foregoing sub-clause the obligations under this Deed shall not be enforceable against the persons who purchase (including purchasers of long leases) for their own occupation by themselves or their lessees tenants or others individual Dwellings or Commercial Buildings erected or to be erected on the Application Site nor against any statutory undertaker or public authority which acquires any part of the Application Site or an interest in it for the purposes of its statutory undertaking or functions (other than housing functions).
6.3 If the Applicant or Landlord permits the occupation of any Dwelling or any part of any Commercial Building in circumstances that would be a breach of the obligation in Schedule 3 of this Deed and such obligation shall not be enforceable against the purchaser then, on notice from the Borough Council, all further development on the Application Site shall cease until the breaches have been remedied to the satisfaction of the Borough Council
7.1 Any notice to be given hereunder shall be in writing and shall either be delivered personally or sent by first class pre paid post. The addresses for service on the Applicant, the Landowner, and the Borough Council shall be those stated in this Deed or such other address in England for service as the Party to be served may have previously notified in writing.
7.2 Each notice served in accordance with sub-clause 7.1 hereof shall be deemed to have been given or made and delivered if by delivery when left at the relevant address or if by letter forty eight (48) hours after posting.
8.1 All consideration given in accordance with the terms of this Deed shall be exclusive of any VAT properly payable.
8.2 If at any time VAT is or becomes chargeable in respect of any supply made in accordance with the terms of this Deed then to the extent that VAT has not been charged in respect of that supply the person making the supply shall have the right to issue a VAT invoice to the person to whom the supply was made and the VAT shall be paid accordingly.
9.1 The headings appearing in this Deed are for ease of reference only and shall not affect the construction of this Deed.
9.2 For the avoidance of doubt the provisions of this Deed (other than those contained in this sub-clause) shall not have any effect until this document has been dated.
9.3 Any covenant in this Deed by which the relevant Party is not to do an act shall be construed as if it were a covenant not to do or permit or suffer to be done such act.
9.4 Any covenant contained herein whereby the relevant Party is not to omit to do an act or thing shall be construed as if it were a covenant not to omit or permit or suffer to be omitted such act.
9.5 References to statutes by-laws regulations orders and delegated legislation shall include any statute by-law regulation order or delegated legislation re-enacting or made pursuant to the same.
9.6 References to the Landowner and the Applicant include references to their successors in title as owners of the Application Site or any part thereof and this Deed shall bind such successors in title of the Application Site or any part thereof.
10 Local Land Charges
– The Application Site
All that piece or parcel of land comprising [NNote 12 Insert a description of the Application Site (i.e. its address or location)
ote 12 ], outlined red for identification purposed only on the Plan being land over which the Application for Planning Permission is made.
Schedule 2 – The Plan
NNote 13 After this page include a plan showing the boundary of the Application Site for which planning permission is sought (sometimes referred to as the "red-line" plan)
Schedule 3 – Planning Obligation
1 The Parties covenant with the Borough Council so as to bind the Application Site to pay the Infrastructure Contribution to the Borough Council within twenty eight (28) days of the carrying out of a Material Operation.
2 The Infrastructure Contribution as at the date of this Deed is calculated according to the “Basis for Calculating Formulae and Charges” which forms part of the Planning Obligation Code of Practice and as agreed on the s106 Standard Charges Sheet.
Schedule 4 – The Landowner
NNote 14 Include the name, address, company number (if applicable) and relevant Land Registry title number for each landowner with an interest in the Application Site. If there is a mortgage over the property, the mortgagee should be listed in Schedule 4.
Name: [ ]
Address: [ ]
Company number (if applicable): [ ]
Land Registry Title Number: [ ]
Name: [ ]
Company number (if applicable): [ ]
Land Registry Title Number: [ ]
Executed as a deed and delivered on the date appearing at the beginning of this Deed
NNote 15 The Applicant and each Landowner listed in Schedule 4 must execute the Undertaking as a deed:
· If a party is a company then either: