PLANNING OBLIGATIONS. 3.1 This Agreement is made and entered into pursuant to the 1990 Act and to the extent that it does not contain planning obligations Section 111 of the Local Government Act 1972 (as amended) and Section 1 of the Localism Act 2011 (as amended) and all other enabling powers and both the positive and restrictive covenants and undertakings herein on the part of the Owners in respect of the Site are entered into with the intent that the same shall be enforceable without limit of time not only against the Owners but also against their successors in title and assigns and any person corporate or otherwise claiming through or under the Owners an interest or estate created hereafter in the Site (or any part or parts thereof) as if that person had also been an original covenanting party in respect of such of the covenants and undertakings which relate to the interest or estate for the time being held by that person provided that:
3.2 no party hereto shall be liable for a breach of covenant or undertaking relating to any part of the Site in which it has no interest at the date of this Agreement or which occurs once it has parted with all interests relating to that part of the Site but without prejudice to liability for any breach occurring at a time when the party held an interest in the relevant part of the Site; and
3.3 the obligations contained in this Agreement shall not be binding upon any and all statutory undertakers who have as part of their statutory undertaking any interest in the Site nor the mortgagee or chargee of any such persons nor any receiver appointed by a mortgagee or chargee of any such persons; and
3.4 the obligations contained in this Agreement shall not be binding upon any freehold leasehold owner-occupiers or tenants of Dwellings nor against those deriving title from them and shall not be binding upon any mortgagee of an owner-occupier save that this clause shall not apply to the restrictions on the use of the Affordable Dwellings.
PLANNING OBLIGATIONS. 5.1 The Owners covenants with the Council and the County Council to observe the restrictions and to perform the obligations and activities specified in Schedule Two to this Deed.
5.2 The Council covenants with the Owners to perform the obligations or activities specified in Schedule Three to this Deed.
5.3 The County Council covenants with the Owners and the Council to perform the obligations or activities specified in Schedule Four to this Deed.
PLANNING OBLIGATIONS. 6.1. The obligations contained in this Deed are planning obligations for the purposes of Section 106 of the Act and are enforceable by the County Council.
6.2. The Owner and the Applicant covenant to comply with the planning obligations contained in this Deed. The obligations contained in this Deed are entered into by the Owner and the Applicant with the intention that they should bind their interests in the Obligation Land as provided by Section 106 of the Act.
6.3. The County Council covenants with the Owner and the Applicant to perform the obligations contained in clause 17 of this Deed.
PLANNING OBLIGATIONS. Consistent with subsections 13.2.6 and 12.2.3.5, no Party may assert that a Federal or State agency’s obligation for a plan or policy under this Agreement is a pre-decisional commitment to any action.
PLANNING OBLIGATIONS. 3.1 This Planning Obligation by Agreement is made pursuant to Section 106 of the Act and all other enabling powers and the obligations contained in this Deed are planning obligations for the purposes of that section insofar as they fall within the terms of sub-section 106(1).
PLANNING OBLIGATIONS. 3.1. Each covenant by the Owner contained in this Agreement is a planning obligation for the purposes of Section 106 of the Planning Act and subject to Clause Error! Bookmark not defined.10.1 to 10.1.1, the grant of the Planning Permission and (with the exception of clause 8.1, clauses 13, 14, 15, 16, and clause 1) and the Commencement of Development, they shall be enforceable without limit of time against the Owner and/or its successors in title and assigns and any other person or persons claiming an interest through or under the Owner in the Application Site (or any part or parts of it), as if that person or persons had been a party to this Agreement.
3.2. To the extent that any of the obligations are not planning obligations under the 1990 Act they are entered into according to the powers contained in Section 111 of the Local Government Act 1972 Section 1 of the Localism Act 2011 and all other enabling powers
3.3. Regulation 128 of the CIL Regs shall apply to the Planning Permission granted for the Development with the effect that the Development is not a “chargeable development” as defined in the CIL Regs.
PLANNING OBLIGATIONS. The covenants contained in Schedules 1-10 (inclusive) to this Deed are planning obligations for the purposes of Section 106 of the 1990 Act
PLANNING OBLIGATIONS. 2.1 This Agreement is made under Section 106 of the Act and the planning obligations entered into by way of the covenants in this Agreement are obligations under Section 106 of the Act to be discharged by the Owners and the Developer and are enforceable by the Council against the Owners and the Developer and any person deriving title from them and subject to the provisions of clause 13 the Mortgagee.
2.2 This Agreement shall take effect from the date hereof
2.3 Nothing in this Agreement shall be construed as restricting the exercise by the Council of any powers exercisable by it under the Act or under any other Act PROVIDED ALWAYS that this Agreement shall remain in full force and effect notwithstanding the terms and conditions of any planning permission which may be or has been issued by the Council or any other appropriate person or Authority pursuant to the provisions of that Act
PLANNING OBLIGATIONS. This Deed is made pursuant to the Acts and both the positive and restrictive covenants and undertakings herein on the part of the Developer are entered into with the intent that the same shall be enforceable without limit of time not only against the Developer but (subject to the terms hereof) also against its successors in title and assigns and any person corporate or otherwise claiming through or under the Developer an interest or estate created hereafter in the Site or any part or parts thereof as if that person had also been an original covenanting party in respect of such of the covenants and undertakings which relate to the interest or estate for the time being held by that person
PLANNING OBLIGATIONS. 3.1. Each covenant by the First Owner and the Second Owner contained herein is a planning obligation for the purposes of Section 106 of the Planning Act and is conditional upon the grant of the Planning Permission and the Commencement of Development, they shall be enforceable without limit of time against the Owner and/or its successors in title and assigns and any other person or persons claiming an interest through or under the Owner in the Application Site (or any part or parts thereof), as if that person or persons had been a party to this Deed.
3.2. To the extent that any of the obligations are not planning obligations within the meaning of the Planning Act they are entered into pursuant to the powers contained in Section 111 of the Local Government Act 1972 Section 1 of the Localism Act 2011 and all other enabling powers.
3.3. Regulation 128 of the CIL Regs shall apply to the Planning Permission granted for the Development [and all reserved matters approvals granted pursuant to the full planning permission with the effect that the Development is not a “chargeable development” as defined in the CIL Regs.
