Common use of Statutory Provisions Clause in Contracts

Statutory Provisions. 2.1 This Deed is made pursuant to Section 106 of the 1990 Act Section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest 2.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the 1990 Act; 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.6 In the event the Council shall at any time grant a Section 73 Permission after the date of this Deed: (i) obligations in this Deed will relate to and bind any and all such Section 73 Permission; (ii) the definitions of Application, Development and Planning Permission shall include reference to any such subsequent planning applications for the Section 73 Permission, the development permitted by the Section 73 Permission and the Section 73 Permission itself and this Deed shall hereafter take effect and be read and construed accordingly; PROVIDED THAT (iii) nothing in this clause will xxxxxx the discretion of the Council in determining any planning application for a Section 73 Permission and the appropriate planning obligations required in connection with the determination of any such planning application and any such further planning obligation or amendment by deed in connection with any Section 73 Permission in the event the Council considers it necessary.

Statutory Provisions. 2.1 3.1 This Deed is made pursuant to Section 106 and Section 106A of the 1990 Act Section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided. 2.2 3.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest. 2.3 3.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the 1990 Act;0000 Xxx. 2.4 3.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed. 2.5 3.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.6 In the event the Council shall at any time grant a Section 73 Permission after the date of this Deed: (i) obligations in this Deed will relate to and bind any and all such Section 73 Permission; (ii) the definitions of Application, Development and Planning Permission shall include reference to any such subsequent planning applications for the Section 73 Permission, the development permitted by the Section 73 Permission and the Section 73 Permission itself and this Deed shall hereafter take effect and be read and construed accordingly; PROVIDED THAT (iii) nothing in this clause will xxxxxx the discretion of the Council in determining any planning application for a Section 73 Permission and the appropriate planning obligations required in connection with the determination of any such planning application and any such further planning obligation or amendment by deed in connection with any Section 73 Permission in the event the Council considers it necessary.

Statutory Provisions. 2.1 This Deed is made pursuant to Section 106 of the 1990 Act Section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest 2.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the 1990 Act; 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.6 In the event the Council shall at any time grant a Section 73 Permission after the date of this Deed: (i) obligations in this Deed will relate to and bind any and all such Section 73 Permission; (ii) the definitions of Application, Development and Planning Permission shall include reference to any such subsequent planning applications for the Section 73 Permission, the development permitted by the Section 73 Permission and the Section 73 Permission itself and this Deed shall hereafter take effect and be read and construed accordingly; PROVIDED THAT (iii) nothing in this clause will xxxxxx the discretion of the Council in determining any planning application for a Section 73 Permission and the appropriate planning obligations required in connection with the determination of any such planning application and any such further planning obligation or amendment by deed in connection with any Section 73 Permission in the event the Council considers it necessary.

Statutory Provisions. 2.1 This Deed is made pursuant to Section 106 of the 1990 Act Section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all other enabling powers and enactments which may be relevant for the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained with the intent to bind the Owner’s interest in the Land and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest 2.3 This Deed shall take effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the 1990 Act; 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.6 In the event the Council shall at any time grant a Section 73 Permission after the date of this Deed: (i) obligations in this Deed will relate to and bind any and all such Section 73 Permission; (ii) the definitions of Application, Development and Planning Permission shall include reference to any such subsequent planning applications for the Section 73 Permission, the development permitted by the Section 73 Permission and the Section 73 Permission itself and this Deed shall hereafter take effect and be read and construed accordingly; PROVIDED THAT (iii) nothing in this clause will xxxxxx the discretion of the Council in determining any planning application for a Section 73 Permission and the appropriate planning obligations required in connection with the determination of any such planning application and any such further planning obligation or amendment by deed in connection with any Section 73 Permission in the event the Council considers it necessary.

Statutory Provisions. 2.1 This Deed is made pursuant to Section constitutes a planning obligation for the purposes of section 106 of the 1990 Act Section TCPA 1990, section 2 of the Local Government Xxx 0000 and section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all any other enabling powers powers, and enactments which may be relevant for are entered into by the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained Owner with the intent to intention that they bind the Owner’s interest interests held by the Owner in the Land Property and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act their respective successors and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter providedassigns. 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest 2.3 This Deed shall take come into effect from on the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the 1990 Act; 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.6 2.3 To the extent only that any of the obligations contained in this Deed are not planning obligations within the meaning of the TCPA 1990 they are entered into pursuant to the powers contained in the Local Government Xxx 0000 and Local Government Xxx 0000. 2.4 It is acknowledged that the obligations contained in this Deed are: 2.4.1 necessary to make the Development acceptable in planning terms; 2.4.2 directly related to the Development; and 2.4.3 fairly and reasonably related in scale and kind to the Development 2.5 In the event that any new planning permission(s) are granted by the Council shall at any time grant a pursuant to Section 73 Permission after of the date of this Deed:TCPA 1990 (as amended) and unless otherwise agreed between the parties:- Pembrokeshire County Council (i) 2.5.1 the obligations in this Deed will shall relate to and bind any and all such subsequent planning permission(s) in respect of the Property granted pursuant to Section 73 Permission;of the TCPA 1990 and the Property itself, and (ii) 2.5.2 the definitions of Application, Development and Planning Permission in this Deed shall be construed to include reference to any such subsequent planning applications for the application under Section 73 Permissionof the TCPA 1990, the planning permission(s) granted thereunder and the development permitted by the Section 73 Permission and the Section 73 Permission itself and such subsequent planning permission(s), and 2.5.3 this Deed shall hereafter take effect be endorsed with the following words in respect of any future Section 73 application:- "The obligations in this Deed also relate to and be read bind the Property in respect of which a new planning permission referenced …………………………… has been granted pursuant to Section 73 of the Town and construed accordingly; Country Planning Xxx 0000 (as amended)". PROVIDED THAT (iii) THAT nothing in this clause will shall xxxxxx the discretion of the Council in determining any planning application for a application(s) under Section 73 Permission and of the TCPA 1990 or the appropriate planning nature and / or quantum of Section 106 obligations in so far as they are materially different to those contained in this Deed and required in connection with the pursuant to a determination of any such planning application and any such further planning obligation or amendment by deed in connection with any under Section 73 Permission in of the event TCPA 1990 whether by way of a new deed or supplemental deed pursuant to S106 of the Council considers it necessary.TCPA 1990

Statutory Provisions. 2.1 This Deed is made pursuant to Section constitutes a planning obligation for the purposes of section 106 of the 1990 Act TCPA 1990, Section 65 of the Environment Xxx 0000 section 2 of the Local Government Xxx 0000 and section 111 of the Local Government Act 1972 and Section 1 of the Localism Act 2011 and all any other enabling powers powers, and enactments which may be relevant for are entered into by the purpose of giving validity hereto or facilitating the enforcement of the obligations herein contained Owners with the intent to intention that they bind the Owner’s interest interests held by the Owners in the Land Property and to the intent that the obligations on the part of the Owner herein contained falling within the provisions of Section 106 of the 1990 Act shall be planning obligations for the purposes of Section 106 of the 1990 Act their respective successors and are enforceable by the Council as local planning authority in accordance therewith but subject as hereinafter provided 2.2 No person shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenants prior to parting with such interest 2.3 assigns. This Deed shall take come into effect from the date hereof PROVIDED THAT if the Planning Permission is revoked or expires by the effluxion of time then this Deed shall cease to have effect provided always that at the time of the said revocation no development has begun within the meaning of Section 56 of the 1990 Act; 2.4 The provisions of the 1999 Act shall not apply to this Deed and no third party shall have any rights to enforce the terms of this Deed 2.5 Insofar as any clause or clauses of this Deed are found (for whatever reason) to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Deed. 2.6 In the event the Council shall at any time grant a Section 73 Permission after on the date of this Deed: . To the extent only that any of the obligations contained in this Deed are not planning obligations within the meaning of the TCPA 1990 they are entered into pursuant to the powers contained in Section 65 of the Environment Xxx 0000 and if relevant the Local Government Xxx 0000 and Local Government Xxx 0000. It is acknowledged that the obligations contained in this Deed are: necessary to make the Development acceptable in planning terms; directly related to the Development; and fairly and reasonably related in scale and kind to the Development In the event that any new planning permission(s) are granted by the PCNPA pursuant to Section 73 of the TCPA 1990 (ias amended) and unless otherwise agreed between the parties:- the obligations in this Deed will shall relate to and bind any and all such subsequent planning permission(s) in respect of the Property granted pursuant to Section 73 Permission; (ii) of the TCPA 1990 and the Property itself, and the definitions of Application, Development and Planning Permission in this Deed shall be construed to include reference to any such subsequent planning applications for the application under Section 73 Permissionof the TCPA 1990, the planning permission(s) granted thereunder and the development permitted by the Section 73 Permission and the Section 73 Permission itself such subsequent planning permission(s), and this Deed shall hereafter take effect be endorsed with the following words in respect of any future Section 73 application:- "The obligations in this Deed also relate to and be read bind the Property in respect of which a new planning permission referenced …………………………… has been granted pursuant to Section 73 of the Town and construed accordingly; Country Planning Xxx 0000 (as amended)". PROVIDED THAT (iii) THAT nothing in this clause will shall xxxxxx the discretion of the Council PCNPA in determining any planning application for a application(s) under Section 73 Permission of the TCPA 1990 or the appropriate nature and / or quantum of Section 106 obligations in so far as they are materially different to those contained in this Deed and required pursuant to a determination under Section 73 of the TCPA 1990 whether by way of a new deed or supplemental deed pursuant to S106 of the TCPA 1990 Confirmation of Interests The Owners hereby warrant and confirm that apart from the parties hereto there are no other persons with a legal estate or beneficial interest in the rest of profits or proceeds of sale of the Property or any part thereof. Obligations of the Owners The Owners hereby undertake and covenant with the PCNPA and the appropriate Council as the local housing authority by way of a planning obligations required in connection obligation pursuant to Section 106 of the TCPA 1990 with the determination intention of binding the Property and each and every part thereof into whosoever hands the same may come that the Property shall be subject to the several restrictions and provisions as to the use thereof as specified herein Site Not to be Encumbered The Owners hereby covenant with the PCNPA that it will not encumber nor deal with the Property in any such planning application manner whereby any party hereto or successor in title may be prevented from carrying out their covenants and any such further planning obligation or amendment by deed in connection with any Section 73 Permission in the event the Council considers it necessaryobligations contained herein.