Planning Permission. The Council and the Owners having regard to the Development Plan and to all other material considerations including the Court of Appeal decision in the case of Secretary for Communities and Local Government and West Berkshire Council and Reading Borough Council (CO/76/2015) consider that Planning Permission should be granted for the Development pursuant to the Application subject to the prior completion of this Agreement NOW IN PURSUANCE OF THE POWERS CONTAINED in Section 106 of the 1990 Act IT IS HEREBY AGREED AND DECLARED between the parties hereto as follows:-
Planning Permission. Nothing in this Deed is or amounts to or shall be construed as a planning permission or approval.
Planning Permission. 5.1 In the event the Phase 1 PARCA Works Report or Phase 2 PARCA Works identify a need for NGG to obtain Planning Permission in relation to reinforcement works NGG shall undertake those works necessary and submit an application for Planning Permission as soon as reasonably practicable after the date on which the Reservation Party has complied with its obligations under Clauses 3.1.1 and 3.1.2.
5.2 NGG shall:
5.2.1 use all reasonable but commercially prudent endeavours; and
5.2.2 act in accordance with the standards of a Reasonable and Prudent Operator, to obtain any such Planning Permission on terms reasonably satisfactory to NGG.
5.3 Where pursuant to Clause 5.1 NGG made an application for a Planning Permission and has complied with Clause 5.2 but fails to obtain such Planning Permission in the first instance on reasonably satisfactory terms, the Reservation Party shall remain liable for the PARCA Termination Amount in the event NGG terminates the Agreement in accordance with Clause 13.1.1(b).
5.4 Where pursuant to Clause 5.1 NGG made an application for a Planning Permission and has not complied with Clause 5.2 and fails to obtain such Planning Permission in the first instance on reasonably satisfactory terms, the Reservation Party shall not be liable for the PARCA Termination Amount in the event NGG terminates the Agreement in accordance with Clause 13.1.1(b).
5.5 Where NGG fails to obtain any Planning Permission in the first instance on reasonably satisfactory terms, NGG shall meet the Reservation Party as soon as reasonably practicable to discuss in good faith available options prior to termination under Clause 13.1.1(b), and both Parties shall use their respective reasonable endeavours to agree an alternative proposal acceptable to both Parties.
5.6 In the event the Reservation Party needs to obtain Planning Permission for works to be undertaken by it the Reservation Party shall submit an application for Planning Permission; and following the receipt of such Planning Permission the Reservation Party shall promptly provide NGG with evidence of having obtained the Planning Permission.
5.7 A Party submitting an application for Planning Permission shall notify the other Party of:
5.7.1 the submission of the application for Planning Permission;
5.7.2 the progress of the application for Planning Permission and all material issues arising in relation to the application; and
5.7.3 the granting or refusal of Planning Permission and the terms on which the grant...
Planning Permission. 6.1 In the event the Phase 1 PARCA Works Report identifies a need for NGG to obtain Planning Permission in relation to reinforcement works NGG shall submit an application for Planning Permission as soon as reasonably practicable after the date on which the Reservation Party provides Acceptable Security to NGG in accordance with Clause 4.1.
6.2 In the event the Reservation Party needs to obtain Planning Permission for works to be undertaken by it the Reservation Party shall submit an application for Planning Permission; and following the receipt of such Planning Permission the Reservation Party shall promptly provide NGG with evidence of having obtained the Planning Permission.
6.3 A Party submitting an application for Planning Permission shall notify the other Party of:
6.3.1 the submission of the application for Planning Permission;
6.3.2 the progress of the application for Planning Permission and all material issues arising in relation to the application; and
6.3.3 the granting or refusal of Planning Permission and the terms on which the grant or refusal was made.
Planning Permission. 1. Defined terms
1.1 In this Schedule, the following words and expressions have the following meanings:
Planning Permission. 10.1 [If any form of development within the Land which individually or in combination with any other permission for development would lead to the levels of development exceeding those set out in the Application that development may be the subject of additional planning obligations.]
10.2 This Deed shall cease to have effect if the Planning Permission is quashed, revoked, expires, is modified by any statutory procedure without the consent of the Owner or is otherwise withdrawn;
Planning Permission. 7.1 The Parties shall, with the assistance of consultants, procure the drawing up of a detailed master plan for each Site or any part or parts of the Site for any Scheme of Development where a Scheme of Development is proposed by the Parties.
7.2 The Parties shall seek to agree such master plan with a view to a Party making an application for new planning permission to reflect the revised views of the Parties.
Planning Permission. In addition to the Part 1 requirements, you must be satisfied that the Property has complied with all pre-commencement and pre-occupation planning conditions set out within any planning permission decision notice or planning agreement affecting the Property. Building Regulations You must ensure that the Property complies with Part 1 and: the Building Regulations standards for the Property either prescribed by the relevant Local Planning Authority or set out within the Building Regulations Approved Inspector's Initial Notice; and (Unless the Property is an Exempt Flat) The 2013 energy efficiency requirements of Building Regulations (Part L). EPC You must obtain the latest version of an Energy Performance Certificate (EPC) from the Builder. You must also check the EPC whether this evidences compliance with the 2013 energy efficiency requirements of Building Regulations (Part L). Leasehold Houses You must ensure that any Property that is a house will be transferred on freehold terms only and immediately report to [Local Authority] if this is not the case. Ground Rent (Where the Property is leasehold and not prohibited as a leasehold house) you must ensure that any ground rent charged by the Builder does not exceed a peppercorn. Estate Rent Charge Enforcement Where the Property is subject to an estate rent charge you must ensure that the Property transfer deed contains a covenant on the part of the Builder (or such other third party who has the benefit of the estate rent charge): Not to enforce its powers under Section 121 Law of Property Act 1925 or prescribe any such other express terms of enforcement within the transfer deed enabling re-entry, the granting of a lease or repossession of the Property; and Not to assign/sell or transfer the estate rent charge unless such assignee or transferee has entered into a deed of covenant with the Purchaser to comply with the above covenant. First Homes Builder plot sale contract Ensure that the Builder’s plot sale contract contains the First Homes plot sale provisions as set out in Schedule 3 and does not contain any provisions which conflict with or vary the First Homes plot sale provisions as set out in Schedule 3. If the First Homes plot sale provisions as set out in Schedule 3 are not included within the Builder’s plot sale contract (or have been varied or conflicted) you must immediately notify [Local Authority] and must not exchange contracts unless: the First Homes plot sale provisions as set out in Schedule 3 a...
Planning Permission. This Deed shall cease to have effect if the Planning Permission is quashed, revoked, expires, is modified by any statutory procedure without the consent of the Owners or is otherwise withdrawn.
Planning Permission of the planning permission (A180485) is included with these particulars for your information. A copy of the agreement is available in PDF format on request. Prospective purchasers please note that the commuted sum payable (see third schedule) is 10% of the Gross Development Value as confirmed in the confirmation of valuation to be paid on the date of disposal of the dwelling to be built on the land.
