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Section 106 Agreement Relating to Land at Smiths Yard, Water Lane, Sherington, Newport Pagnell, MK16 9NS

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Section 106 Agreement Relating to Land at Smiths Yard, Water Lane, Sherington, Newport Pagnell, MK16 9NS Section 106 Agreement relating to Land at Smiths Yard, Water Lane, Sherington, Newport Pagnell, MK16 9NS Dated 2017 THE COUNCIL OF THE BOROUGH OF MILTON KEYNES and C.H.SMITH AND SONS LIMITED I and CHALDEAN PROPERTIES LIMITED Planning Application Reference: 16/02614/0UT Milton Keynes Council's Legal Services Reference: PE-015435-EK Legal Services Milton K(:lynes Council Civic Offices 1 Saxon Gate East Central Milton Keynes MK9 3EJ This Agreement Dated 5 tlv 2017 Between (1) The Council of the Borough of Milton Keynes ("the Council") of Civic Offices, 1 Saxon Gate East, Milton Keynes, MK9 3EJ;. (2) C.H.Smith and Sons Limited ("the Owner") (Company Registration Number 00520013) of Water Lane, Sherington, Newport Pagnell, Milton Keynes, MK16 9NS (3) Chaldean Properties Limited ("the Developer'') (Company Registration Number 04337960) of The Old Grain Store, Bromley, Lane, Much Hadham, SG10 6HU together known as the Parties and Party shall b~ construed accordingly Recitals A The Council is the local planning authority for the purposes of the Act for the area in which the Application Site is situated B The Owner is the registered proprietor of the Application Site which is registered at the Land Registry under title number BM319820 C The Developer is a registered proprietor of the legal charge dated 12 August 2013 and registered on 28 August 2013 against title number BM319820 D The Developer has an interest on the Application Site by way of a development agreement dated 12 August 2013 and registered on 4 September 2013 against title number BM319820 E On 9 September 2016 the Developer submitted the Planning Application to the Council and the Council resolved to grant Planning Permission subject to the prior completion of this Agreement F The Council is satisfied that the provisions of this Agreement and the obligations contained in Schedule 3 comply with its policy in relation to section 106 of the Act and Regulation 122 of the Community Infrastructure Levy Regulations 2010 and are sufficient in respect thereof EK/ PE-015435·EK Page2 G The Council considers that the obligations contained in Schedule 3 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 It is agreed: 1 Definitions and Interpretation 1.1 In this Agreement where the context admits the following expressions shall have the following meanings: I the Act means the Town and Country Planning Act 1990 (as amended) ~ Application Site means the site of the Development as described in Schedule 1 and shown edged red on the Plan annexed to this Agreement BCIS Index means the All in Tender Price Index published by the Building Costs Information Service of the Royal Institute of Chartered Surveyors or such similar index as may from time to time be published to replace such index Carbon Neutrality Contribution means a contribution to be paid to the Council in accordance with the Council's Sustainable Construction Supplementary Planning Document (2007) and Milton Keynes Local Plan (2001-2011) Policy D4 and calculated at a rate of two hundred pounds (£200) Index Linked per tonne of _carbon dioxide anticipated to be produced by the Development in one year (to include but not limited to all energy use for space heating and cooling, hot water, lights, appliances and processes but not including embodied energy and transport) and calculated in accordance with the provisions in this Agreement to be used by the Council for the purposes of off-setting carbon dioxide emissions produced by the Development Community Facilities Contribution means a contribution in the sum of thirty thousand pounds (£30,000) to be paid to the Council in accordance with Schedule 3 of this Agreement to be used by the Council towards community facilities for the use of residents within the Parish of Sherington Contributions means together the Carbon Neutrality Contribution, the Community Facilities Contribution and the Highway Works Contribution Development means the development of the Application Site pursuant to the Planning II Permission as is described in Schedule 2 EK/ PE-015435-EK Page3 I Highway Works Contribution means a contribution in the sum of twenty thousand pounds (£20,000) to be paid to the Council in accordance with Schedule 3 of this Agreement to be used by the Council for the purpose of implementing traffic calming measures and other works including passing places and sections of pavements where required at Water Lane, Sherington Implementation means implementation of the Planning Permission by the carrying out of I any material operation within the meaning of sections 56(2) and (4) of the Act provided that for the avoidance of doubt and for the purposes of this Agreement only the demolition I, of existing buildings and structures, termination or diversion of existing services, temporary construction, site preparation, site clearance, archaeological investigations for I the purposes of assessing ground conditions, the temporary display of site notices or advertisements, investigation,_ work, ..decontamination works and any other preparatory I, works as may be agreed in writing with the Council shall not constitute a material operation and Implement and Implemented shall be construed accordingly Index Linked means the recalculation of any financial contribution or component part to be made under this Agreement by applying the following formula (and Indexation shall be ' construed accordingly) ' (AX B/C) + (D X E/F) = G Where: 'I A = 50% of the payment specified in this Agreement B = the figure shown in the Retail Price Index for the period last published immediately I prior to the due date for payment of such sum under the provisions of this Agreement C = the figure shown in the Retail Price Index for the period last published immediately prior to the date of this Agreement. D = 50% of the payment specified in this Agreement E = the figure shown in the BCIS Index for the period last published immediately prior to the due date for payment of such sum under the provisions of this Agreement I F = the figure shown in the BCIS Index for the period last published immediately prior to the date of this Agreement. Local Connection means in accordance with the Policy NP8 of the emerging Sherington Neighbourhood Plan 2016 - 2031 (i) having lived in the Parish of Sherington for three (3) out of the last five (5) years or more or (ii) working at least sixteen (16) hours per week or I EK/PE-015435-EK Page 4 I more within the boundaries of Parish of Sherington or (iii) providing personal or physical support to a family member resident in the Parish of Sherington as to enable that person to live independently in the community Monitoring Fee means a fee of three thousand and two hundred pounds (£3,200) to be used towards the Council's expenses incurred in monitoring and ensuring compliance with the obligations set out in Schedule 3 of this Agreement. Occupation means occupation of the Development (including causing or permitting occupation of the Development) for use in accordance with the Planning Permission and I Occupy and Occupied shall be construed accordingly Offer Period means a period of not less than three (3) months from the date that any I ... Residential Unit or individuarplot upon which such Residential Unit is to be constructed I (Individual Plot and Individual Plots shall be construed accordingly) pursuant to the Planning Permission is released to the market for an Open Market Sale during which time I purchasers with a Local Connection shall be offered the opportunity to purchase any such Residential Unit or Individual Plot in preference to those purchasers not having such a I Local Connection Open Market Sale means the sale of either a freehold interest or a long leasehold interest (being more than 21 years) in a Residential Unit and/or Individual Plot for the I market value on the open market or as the Owner or Developer sees fit Plan means the 1: 1250@A3 scale plan Drawing Title 'Site Location Plan' Drawing I Number '16.06-102', Revision A dated 2016.08.08 a copy of which is annexed to this Agreement Planning Application means the application for outline planning permission dated 9 September 2016 submitted by the Developer to the Council for the Development and allocated reference 16/02614/0UT I Planning Permission means the outline planning permission to be granted pursuant to the Planning Application in the form of the draft annexed to this Agreement in Schedule 5 I' Residential Units means the nine (9) detached dwellings to be constructed on the Application Site as part of the Development (and "Residential Unit" shall be construed accordingly) I EK/ PE-OlS43S-EK Page5 I Retail Price Index means the retail price index (all items) published by the Office for I National Statistics or such similar index as may from time to time be published to replace such index or as agreed between the Parties Secretary of State means the Secretary of State for Local Government and Communities or any other minister charged with performing the functions of the secretary of state under the Act I Statutory Undertaker means a statutory undertaker as defined by section 262 of the Act Working Day means any weekday from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or a statutory bank holiday in England and Working Days shall be construed accordingly 1.2 Any covenant by the Parties not to do any act or thing shall be deemed to include an obligation not to permit or suffer
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