The Lake District National

DATED 20

THE LAKE DISTRICT NATIONAL PARK AUTHORITY (1)

[INSERT NAME] (2)

PLANNING OBLIGATION made pursuant to Section 106 of the Town and Country Planning Act 1990 relating to Land *********** In the Lake District National Park

File Ref: LEG/ (7/20**/****)

Minute Ref: [insert date]

Julie Wood Solicitor Lake District National Park Authority Murley Moss Oxenholme Road Kendal Cumbria LA9 7RL Telephone: 01539 792665 Email: [email protected] THIS DEED is made the day of 20 BETWEEN

(1) THE LAKE DISTRICT NATIONAL PARK AUTHORITY of Murley Moss, Oxenholme Road, Kendal, Cumbria, LA9 7RL (“the Authority”) and

(2) [INSERT NAME] of [address] (“the Owner”)

WHEREAS:-

(1) The Owner is the owner free from encumbrances of the registered land known as [insert address] (Title No. CU*******) and shown edged red on the plan annexed hereto (“the Land”)

(2) The Authority is the Local Planning Authority for the purposes of the 1990 Act for the area of the Lake District National Park including the Land

(3) On the [insert date] the Authority’s Development Control Committee decided to grant the Planning Permission pursuant to the Application subject to the completion of this Planning Obligation without which the Planning Permission would not have been granted Or (3) [The Authority has resolved to grant the Planning Permission pursuant to the Application subject to the completion of this Planning Obligation without which the Planning Permission would not have been granted]

IT IS HEREBY AGREED AS FOLLOWS:-

1 The restrictions and obligations hereinafter contained are planning obligations for the purposes of the 1990 Act and are enforceable as such by the Authority

2 The following expressions shall have the meaning set opposite them “the 1990 Act” the Town and Country Planning Act 1990 (as amended)

“Affordable Dwellings” [insert number] dwellings as identified on the plan attached to this deed outlined in [colour] to be constructed in accordance with the Planning Permission to be used as affordable housing units at an Affordable Rent as provided for in Schedule One of this Agreement

“Affordable Rent” such rent including service charges as is from time to time deemed appropriate for the letting of similar Affordable Dwellings in the Locality Defined by a Registered Provider responsible for effecting the letting but subject to such recommendations and guidelines as may from time to time be published by the Homes and Communities Agency or any statutory successors thereto

“the Application” the planning application reference number 7/20**/**** made to the Authority to carry out the Development of the Land

“Certificate of Local Housing Need” written confirmation signed by the Officer in a form approved by the Authority certifying that a Person satisfies the criteria set out in Schedule 3 of this Agreement

“the Development” the carrying out of the development of the Land by the erection of [insert number] dwellings as authorised by the Planning Permission granted pursuant to the Application and consisting of [insert description]

“Evidence of Unsuccessful Marketing” means in respect of each three month period stipulated in Schedule 1 to this Agreement written confirmation provided by an Estate Agent, Letting Agent or Chartered Surveyor who commonly practices in the relevant Locality Defined that the Affordable Dwelling has been marketed unsuccessfully for the required three month period at an Affordable Rent, such confirmation shall include:- (i) copies of the particulars of the letting which shall include the Affordable Rent; and, (iii) details of all viewings received during the relevant three month period (iv) copies of at least two advertisements relating to the rent of the Affordable Dwelling placed in newspapers commonly circulated in the relevant Locality Defined during each three month period

“Implementation” means the implementation of the Development by the carrying out by or on behalf of the Applicant pursuant to the Planning Permission of a material operation (as such term is defined in section 56(4) of the 1990 Act) which is not a Preparatory Operation

“Local Needs Dwellings” [insert number] dwellings as identified on the plan attached to this deed outlined in [insert colour] to be constructed in accordance with the Planning Permission to be used as provided for in Schedule One of this Agreement

“the Locality Defined” the administrative district of the parishes of [insert details of Locality]

“the Officer” means the person nominated by the Authority for the purposes of determining whether a person is a Person with a Local Housing Need

“Only or Principal Home” shall have the same meaning as it does in Section 1 of the Housing Act 1988

“Person with a Local Connection” means an individual who before taking up occupation of the dwelling satisfies one of the criteria listed in Schedule Two of this Agreement

“Person with a Local Affordable means a person who before taking up Housing Need” occupation of any Affordable Dwelling was certified by the Officer as being a Person with a Local Connection and satisfying the criteria set out in Schedule Three of this Agreement such definition shall include that person’s dependants and the widow or widower of such a person

“the Planning Permission” means planning permission for the Development reference 7/20**/****

“Preparatory Operation” means (a) an operation or item of work of or ancillary to: (i) archaeological investigations; or (ii) site clearance; or (iii) site or soil investigations; or (iv) site remediation works; or (v) the laying of services; or (b) temporary works including the erection of temporary fencing and hoardings

“Registered Provider” has the meaning set out in the Housing and Regeneration Act 2008 as may be amended

3 This Agreement is made pursuant to the provisions of Section 106 of the 1990 Act

4 Except for the provisions of clause 12 (which shall come into effect on today’s date) all obligations contained in this agreement shall come into effect and bind the Land and every part of the Land from Implementation

5 The Owner so as to bind the Land hereby covenants with the Authority to observe and perform the restrictions and obligations set out in Schedule One.

6 No party shall be liable for breach of a covenant contained in this Agreement after having 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 covenant prior to parting with such interest

7 Nothing in this Deed shall prohibit or limit the right to develop any part of the Land in accordance with a planning permission (other than one relating to the Development as specified in the Application) granted (whether or not on appeal) after the date of this Agreement

8 The Authority will upon the written request of the Owner at any time after the obligations of the Owner under this Agreement have been fulfilled issue written confirmation thereof and thereafter cancel all related entries in the Register of Local Land Charges

9 This Agreement is a local land charge and an application for registration shall be duly made 10 The Owner hereby consents to the registration by the Authority at HM Land Registry of a restriction in respect of the relevant part of the Land in the following terms ‘no disposition of the registered estate, or part of the registered estate (other than by charge) by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed by the Solicitor of Lake District National Park Authority, Murley Moss, Oxenholme Road, Kendal, Cumbria, LA9 7RL or its Conveyancer confirming that the provisions of this Deed have been complied with’

11 The obligations contained in this deed shall not be binding or enforceable against any mortgagee of a Registered Provider or any receiver appointed by such a mortgagee, or any person deriving title through such a mortgagee or receiver provided always that a successor in title of such a person will be bound by the obligations contained in this deed

12 The Owner agrees to pay the Authority’s reasonable legal costs, charges and disbursements incurred in connection with the preparation of this agreement and registration at the Land Registry

13 The parties of this Deed do not intend that any of its term shall be enforceable by virtue of a contract (rights of third parties) act 1999 by any persons not a party to it

IN WITNESS whereof this deed has been executed by the parties hereto and is intended to be and is hereby delivered on the date first above written SCHEDULE ONE Planning Obligations of the Owners

1. The Owner shall not permit the occupation of any of the Local Needs Dwellings other than by a Person with a Local Connection occupying it as their Only or Principal Home

2. Subject to the provisions of this Schedule the Owner shall not permit the occupation of the Affordable Dwellings otherwise than by a Person with a Local Affordable Housing Need as tenant and such occupation shall be at an Affordable Rent

3. The Owner shall not permit the occupation of the Affordable Dwellings other than by a Person with a Local Affordable Housing Need occupying them as their Only or Principal Home.

4. The Owner will supply to the Authority within two weeks of the Authority’s written request so to do such information as the Authority may reasonably require in order to determine whether the restrictions and obligations referred to herein are being observed.

5. The Owner will supply to the Authority within two weeks of the Authority’s written request so to do such information as the Authority may reasonably require in order to determine whether the restrictions and obligations referred to herein are being observed.

6. If on an initial or subsequent marketing of one or more of the Affordable Dwellings for a period of twenty working days no person within the Locality Defined has satisfied the Owner that they are a Person with a Local Affordable Housing Need and applied for a tenancy of one of the Affordable Dwellings then the provisions of paragraph 7 of this Schedule shall apply.

7. When the provisions of this Section apply the Owner shall market the Affordable Dwellings as available for occupation by Persons with a Local Housing Need save that “the Locality Defined” shall on this occasion be treated as being the parish/wards of [insert Distinctive Area cascade] SCHEDULE TWO

1. The person has been continuously resident in the Locality Defined for three years immediately prior to occupation; or

2. The person has been in continuous employment in the Locality Defined for at least the last 6 months and for a minimum of 16 hours per week immediately prior to occupation; or

3. The person is a former resident who wishes to return to the Locality Defined having completed a post-secondary (tertiary) education course within 12 months prior to occupation and who immediately prior to attending the course lived in the Locality Defined for at least three years; or

4. The person is currently in the Armed Forces, in prison, in hospital or similar accommodation whose location is beyond their control, and immediately before moving to this type of accommodation lived in the Locality Defined for at least three years; or

5. The person needs to live in the Locality Defined because they need substantial care from a relative who lives in the Locality Defined, or because they need to provide substantial care to a relative who lives in the Locality Defined. Substantial care means that identified as required by a medical doctor or relevant statutory support agency; or

6. The person is a former resident who lived in the Locality Defined for three years and then lived outside the Locality Defined for social and/or economic reasons and is returning to live in the Locality Defined within three years of the date of their departure. SCHEDULE THREE

Person with a Local Affordable Housing Need

(Part 1)

1. The provisions of this schedule shall apply for the purposes of determining whether a person shall be certified by the Officer as a Person with a Local Affordable Housing Need and shall be interpreted in a manner consistent with Policy CS18 of the Lake District National Park Authority Core Strategy adopted in October 2010 and with the supplementary planning document entitled ‘Housing Provision’ adopted by the Authority in October 2010 in relation to that policy.

2. A Person with a Local Affordable Housing Need shall be a person who satisfies one of the criteria set out in column 1 of Part 2 of this Schedule and meets one of the criteria contained in Schedule 2.

3. When determining whether to certify that a person is a Person with a Local Affordable Housing Need the Officer shall apply the criteria set out in Column 1 of Part 2 of this Schedule taking into account the factors set out against each criterion in Column 2 of Part 2 of this Schedule

(Part 2) Column 1 Column 2 (Criteria) (factors to be taken into account) Is the person unable to afford to rent or  There is a demonstrable buy on the open market? disparity between the person’s household income and/or assets and local house prices or rents Does the person need to move from  The person is living in sub- accommodation which is shared, standard accommodation, or temporary, overcrowded or has  Is living in accommodation hazards as defined by the Housing Act shared with parents, or 2004 (Housing Health & Safety rating  The person is homeless, or System)  The person’s current house is unsuitable for the needs of the person or the person’s household, or  The person currently lives in another, less appropriate, Registered Provider property and a move to another Affordable Dwelling will leave the original dwelling free for another person with a Local Affordable Need.  Is an older person or disabled and need to move to more suitable accommodation due to medical conditions Need to be housed as a result of  Accommodation provided leaving tied accommodation through employment ceases to be available

Executed as a DEED by ) Affixing the COMMON SEAL ) Of the LAKE DISTRICT ) NATIONAL PARK AUTHORITY ) In the presence of: )

……………………………………………………………….AUTHORISED SIGNATORY

Signed as a DEED by ) ) In the presence of: )