Blaenau Gwent County Borough Council

Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

Date signed Site Ad dress & Parties to the Deed Undertakings Dev elopment Trigger s & Dates Discharged undertakings, date & Officer Notes Development Commenced? finance code (contributions) Date of last review Deed Ref. Description (1) = Bi-lateral agreement Y/N numbered party Date Outstanding undertakings, action Filed (F) Scanned Proof of taken & date (S) Civica (C) (UU) = Unilateral Undertaking commencement

11/02/2014 Land at Ysgurbowen, UU The First Owner covenants: N/A No triggers to monitor Sirhowy, Tredegar C/2011/0273 NP22 4PN. S Jones & A Hoskins • Not to use the First Property for any purposes other than as a Hot Food Takeaway or any F S Change (part other use within Class A3 of the Use Classes constructed) hot food Order. takeaway to general store and change • Not to use the Second Property as a Hot Food existing general store to Takeaway. hot food takeaway. • Not to claim or seek compensation from the Council in relation to the restriction of the uses of the First Premises and the Second Premises stipulated above.

The Second Owner agrees to pay the sum of £200 as a contribution towards the Council’s legal costs in preparation of the Agreement.

10/01/2014 Land at Commercial (1) BGCBC The Dwellings built under the Planning N No triggers to monitor - - Street, Briery Hill, Ebbw Permission as part of the Development shall C/2013/0250 Vale (2) United Welsh Housing be developed as Affordable Housing Association F Erection of 32 Notice : To provide the Council with not less than affordable housing units 10 working days prior notice in writing of the (revision to planning commencement of the Development. permission C/2008/0353) Supersedes legal agreement signed in connection with C/2008/0353

25/09/2013 Land North of Rassau (1) BGCBC Pl ease refer to the separate Circuit of Wales N No obligations have Due to the scale of the Industrial Estate, monitoring matrix (COW_S106 matrix) for been triggered to development this agreement C/2013/0062 Rassau, Ebbw Vale (2) The Most Honourable Henry details of the clauses and triggers contained date. is being separately John Fitzroy Marquess of in the legal agreement. monitored, together with the FSC Circuit of Wales Worcester planning conditions. motorsport facility (Comprising: high (3) Heads of the Valleys performance circuit; Development Company motocross circuit; karting circuit; four- wheel drive circuit; riding academy; innovation centre; hotels; retail showrooms; ancillary retail; industrial and business uses; driver trining area; solar park; camping; parking; landscaping and associated uses) *The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

(Outline)

19/02/2013 Tesco Store, North (1) BGCBC Landscaping Contribution: £32,000 for funding N Landscaping Legal costs paid on signature and West Approach, Ebbw a scheme of landscape enhancements including Contribution: pay retained by Legal. C/2011/0154 Vale NP23 6TS (2) Tesco Stores Ltd., Unit 5 tree replacement, improvements to landscaped the Council prior to Greenways Business Park, verges within the vicinity of the Development, occupation F Extension of existing Bellinger Close, Chippenham, management of trees and landscaped verges and Class A1 foodstore, Wilts SN15 1BN other such landscaping works as the Council in its Town Centre reconfigured car reasonable opinion considers enhance and Contribution: pay parking, new site regenerate the town centre and are reasonable the Council prior to access, new petrol related to the development. occupation filling station and associated ancillary Town Centre Contribution: £10,000 to be paid Community Notice works (Full) to the Council for the purposes of funding a Board: To provide a scheme of public art in Ebbw Vale town centre. Community notice board in the Retail Community Notice Board : a notice board to be Store within 20 erected in the retail store to be used for the Working Days from promotion of town centre activities and events. Occupation

Pedestrian Link Improvements : works to Pedestrian Link: improve the Pedestrian Link between the a) Submit details of Development and Hughes Avenue as shown for the Pedestrian Link identification purposes only on Plan 2. Improvements to the Council for Monitoring Fee : £1,350 to be paid to the Council written approval towards the costs of managing and monitoring the within 20 working costs of the planning obligations contained in this days from Agreement implementation

Legal Costs: payment not exceeding £600 b) Developer to towards the Council’s reasonable legal costs in complete the connection with the preparation of this Agreement Pedestrian Link improvements prior to occupation

Monitoring Fee: pay the Council the prior to Implementation

Legal Costs: pay no later than the date of this Agreement.

01/11/2012 Former Blaina & District (1) BGCBC The Dwellings built under the Planning N On signing of the Legal costs paid on signature and Hospital, Hospital Permission as part of the Development shall Agreement the retained by Legal. C/2012/0082 Road, Nantyglo NP23 (2) United Welsh Housing be developed as Affordable Housing Developer shall pay 4LY Association £400.00 as a F contribution towards Construction of 18 no. the County Borough’s bungalows and legal costs. associated works for general needs and No further triggers to neutral tenure social monitor *The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

housing (Full)

12/04/2012 BKF Plastics Ltd., (1) BGCBC 10% Affordable Housing as per adopted SPG N On completion of Monitoring Fee has not been Ashvale Works, Fair the Deed Monitoring received – Check with legal to C/2007/0730 View, Tredegar (2) Brian Foster and Kevin Foster Education Facilities Contribution of £2,884.36 Fee of £500 ensure not paid with legal fees in (the Managing Trustees of BKF per two-bed dwelling towards secondary error. 13.03.2014 F Existing industrial Plastics Ltd Retirement Benefits education within the vicinity of the site to be paid Prior to building to be Scheme) of Coed Robin, in two equal payments commencement: demolished and Llanover, Abergavenny NP7 Approval of a residential site to be 9EP Leisure Facilities Upgrade Contribution of programme and created (Outline). £30,000 to improve access and upgrade play timetable of provision (3) HSBC Bank Plc (Co. Reg. No. facilities serving the site ( n.b. originally identified of Affordable Housing 14259) of Sheffield Securities as facilities at Parc Bryn Bach, Tredegar ) to be Processing Centre, PO Box paid in two equal payments Within 2 weeks of 3924, Sheffield S1 9BD commencement of Ecological Mitigation Contribution of £19,975 development the towards the cost of establishing an equivalent following payments priority habitat within the boundaries of Bryn Bach are due : Park. Ecological Mitigation Off-site highway improvement works to be Payment (£19,975) undertaken under Section 278 Highways Act 1980 agreement, as follows : 1st Stage Leisure Facilities Payment 1. New footway links from the site along the (£15,000) existing access road to Maple Avenue and Gwent Way (Industrial access road) 1st Stage Education 2. Traffic calming measures along the whole Facilities Payment length of Gwent Way linking the proposed payable for each development and Sycamore Avenue. dwelling of two or 3. New street lighting scheme along Gwent Way more beds. and existing factory access junction 4. New street signing/name plate, direction signs Prior to the occupation of any Monitoring Fee: £500 to be paid to the Council dwelling towards the costs of managing and monitoring the off-site Highways costs of the planning obligations contained in this Works t o be Agreement implemented in accordance with the S278 Agreement

Upon occupation of no more than 50% of the completed and occupied Market Housing Units the following are due:

2nd Stage Leisure Facilities Payment (£15,000)

2nd Stage Education *The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

Facilities Payment payable for each dwelling of two or more beds.

The provision to a habitable standard of all the Affordable Housing units .

22/03/2012 Land at Bryn Serth (1) Newbridge Construction Ltd., Lapwing Habitat Mitigation Payment of £25,000 N Lapwing Payment Lapwing Payment – 1st Road, Ebbw Vale 23A Gold Tops, Newport, to be paid in two equal payments to enable the First instalment of Installment received 28.03.2012 C/2010/0269 South Wales Council to establish an alternative Lapwing habitat £12,500 to be paid on Paid into Planning Control Holding Application for variation on adjacent land within its ownership the issue of planning account pending transfer to RSPB (FSC) of condition no.28 of (2) BGCBC permission to implement mitigation. Transfer outline planning Woodland Maintenance Contribution of from BGCBC to RSPB cleared permission £10,000 towards the cost of maintenance of Second instalment of 24.05.2012 C/2002/0061 to allow a woodland to the north west of the land coloured £12,500 payable on further three (3) years greed as set out in Schedule 1 (Woodland commencement of for the submission of Maintenance) development Reserved Matters. Transport Contribution of £20,000 towards the Woodland provision of up to four bus stops along the A4046 Maintenance and A4067 roads abutting the site Contribution Payable on commencement of development

Transport Contribution Payable on commencement of development

18/05/2011 Sirhowy Infants School (1) BGCBC Covenant N Payable on Site commencement of C/2009/0007(Out) (2) United Welsh Housing Education Contribution of £57,684 as a development Proposed community Association, of Y Borth 13 Beddau consequence of the Development prior to the F centre and residential Way, Caerphilly, CF83 2AX commencement of the Development development

29/10/2010 Arrael Farm, Aberbeeg, UU Commuted P ayment of £50,000 towards a Y Within 1 month of the Payment in full (£50,000) received Obligation discharged in full (pp granted Abertillery community project in Six Bells Ward. date of planning 10/01/2011. Paid into Planning 10.05.2011 07/12/2010) John Wardlaw Hanbury-Tenison permission being Control Holding account pending Removal of shallow Pontypool Estate Office, This payment is made voluntarily by the developer granted. transfer to Regeneration account C/2010/0255 coal seams and outcrop Maesderwen Road, Pontymoile, and not required to mitigate any impacts coal on land adjacent to Pontypool, Torfaen NP4 5LE (‘the associated with the development . Six Bells Car Park Project F tip reclamation scheme Owner’) confirmed by Regeneration and for Six Bells & Vivian £48,000 transferred to Regen on Tips complex. Six Bells Coal Company Ltd. , 8 10.05.2011 Restoration of land Willowbrook, park Llandogo Road, agricultural use after St. Mellons, Cardiff CF3 0EF (‘The £2,000 retained by Planning Control removal of various adit, Developer’) as a monitoring fee. *The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

sinks and spoil tips of from old mine workings

01/09/2010 Former St Joseph’s (1) BGCBC Education Contribution: £28,842 N Education School Site, Contribution : Payable C/2008/0459 Glandovery Terrace, (2) William Anthony Lewis, Mydrim in four instalments Tredegar Place, Tredegar, NP22 4QN (£7,210 per F instalment) in respect Erection of 10 no. 2 and (3) Claire Louise Clarkson, 35 Vaga of the first, third, sixth 3 bed properties and Crescent, Ross-on-Wye, and ninth dwelling associated works Herefordshire HR9 7R0 being constructed to a habitable standard.

22/07/2010 Land at Briery Hill, (1) BGCBC Affordable Housing: The dwellings built under N Notice : To provide 10 New planning permission Commercial Street, the planning permission as part of the housing working days prior C/2013/0250 with legal C/2008/0021 Ebbw Vale (2) United Welsh Housing development shall be developed as Affordable notice of the agreement approved for the Association, Ty Cennyd, Caste Housing: commencement of site 15/01/14 F 43 residential units Street, Caerphilly CF82 1NZ development. Notice : To provide the Council with not less than 10 working days prior notice in writing of the commencement of the Development.

07/07/2010 Land at Park Hill Road, (1) BGCBC Undertakings N Affordable Housing : Tredegar No more that 50% of C/2009/0329(Full) (2) Tredegar Investments Ltd., 2 20% Affordable Housing: 29 Units Market Housing Units Residential Water Court, Water Street, to be occupied until F development of 143 Birmingham B3 1HP (‘Owner’) Community Play Area Contribution : £170,000 all of the AH units dwellings, associated for provision and long-term maintenance of a have been roads and infrastructure (3) Real Estate Investors PLC, 8 th LEAP play area. constructed and floor, West Plaza, 144 High Street, suitable for West Bromwich B70 6JJ Transfer of Community Play Land: for the habitation. (‘Mortgagee’) provision of a LEAP play area by BGCBC. Ecological Impact Ecological Impact Mitigation Contribution : Mitigation £35,000 for management of adjacent RSPB Contribution : payable Heads of the Valley’s Lapwing site for 10 years. within 2 weeks of the commencement of Management Company : to be set up to manage the development. in the long term the communal areas of the site which be used to implement landscape and Community Play Area ecology masterplan. Contribution : payable within 2 weeks of the commencement of the development.

Management Company : development shall not be occupied until management company set up.

*The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

07/07/2010 Land at Park Hill Road (1) BGCBC Undertakings N Affordable Housing : Tredegar AH details to be C/2009/0328(Out) (2) Tredegar Investments Ltd., 2 20% Affordable Housing submitted via RMs Proposed outline Water Court, Water Street, applications. No more F residential development Birmingham B3 1HP (‘Owner’) Primary Education Contribution: £2,831.56 per that 50% of Market dwelling when no. of two-bed homes and above Housing Units to be (3) Real Estate Investors PLC, 8 th on entire site reach trigger threshold of 236 occupied until all of floor, West Plaza, 144 High Street, dwellings. the AH units have West Bromwich B70 6JJ been constructed and (‘Mortgagee’) Secondary Education Contribution: £2,884.36 suitable for per dwelling when no. of two-bed homes and habitation. above on entire site reach trigger threshold of 124 dwellings. Ecological Impact Mitigation Sports Facilities Upgrade Contribution: Contribution : payable £80,000 within 2 weeks of the commencement of Ecological Impact Mitigation Contribution: the development. £6,000 Sports Facilities Management Company : to be set up to manage Upgrade in the long term the communal areas of the site Contribution : payable which be used to implement landscape and within 2 weeks of the ecology masterplan. commencement of the development.

Education Facilities Contribution : when the no. of dwellings reaches 124 (Secondary Threshold) and 236 (Primary Threshold); payable thereafter prior to the occupation of each School Trigger Home.

Management Company : development shall not be occupied until management company set up.

10.03.2010 Land at Gwaun Helyg UU Undertakings Groundworks Education Road, Hilltop, Ebbw Linc-Cymru Housing Association commenced contribution due in C/2009/0266(Full) Vale Limited of 387 Newport Road, The Owner hereby undertakes to pay the Council three instalments: Cardiff CF24 1GG the sum of £75,504.00 as a contribution towards F Residential the provision of Educational facilities in the area £25,000 on/before development in which the Land is situated, which sum shall be occupation of any payable in three instalments : dwelling *The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

£25,000 on or before occupation of any dwelling; £25,000 on/before £25,000 on or before the occupation of the 30 th occupation of 30 th dwelling; and dwelling

£25,504 on or before occupation of the 60 th £25,000 on/before dwelling. occupation of 60 th dwelling Covenants

1.1 The Owner covenants to construct or procure the construction of 15 units of Affordable Housing . 1.2 Not to occupy or permit occupation of more than 50% of any other permitted residential units upon land until such time as all of the units of Affordable Housing have been constructed. 1.3 To construct the Affordable Housing units to the standard required by WAG DQR standards.

03.02.2010 Land off Mountain BGCBC (1) Covenant Y On signature of Legal Fees paid on signature 09.02.2010 Road, Rassau Brook, agreement the 03.02.2010. Refer to Legal. C/2007/0237 Rassau, Ebbw Vale Newbridge Construction Ltd. Of 23a 8. Within 21 days of commencement of the following fee is due: Goldtops, Newport, Monmouthshire development the Developer covenants to pay the Development substantially complete No Interest clauses included F Residential NP20 4UL (2) Borough Council: Legal Costs : £250 and commuted sums not paid. if payment not received in 21 Development (Outline) Newbridge Construction notified days. However, HP advises 8.1 £10,000 as a contribution towards formally of outstanding payments that if delay in payment Educational provision generated as a 28/01/14. Non-compliance being County Borough can sue consequence of the Development. 21 days after actively investigated/ payment under the covenant in the commencement of pursued 13/03/14 deed and claim statutory 8.2 £20,000 as a contribution to the additional development the interest in court proceedings. costs of Leisure provision generated as a following financial consequence of the Development. contributions are due:

9. In the event the number of approved dwellings Education : £10,000 meets or exceeds the threshold for the provision of social housing under such SPG in force at the Leisure : £20,000 date of any detailed planning consent, the Developer shall enter into a further agreement which shall be referred to as supplemental to this deed requiring social housing provision is accordance with County Borough planning policy.

Costs

10. The Developer shall pay £250 on the signing of the Agreement as a contribution towards the Council’s Legal costs.

29.01.2010 Former Swffryd Junior (1) BGCBC Covenant Y Payment to be made Cheque received and cashed Education put a request to School Site , Swffryd 7. Developer covenants to pay the Council prior to planning 27.01.2010. transfer money in respect of C/2009/0265 Road, Swffryd, Crumlin, (2) Melin Homes of Ty’r Efail, £51,915.60 as a contribution towards the permission being works undertaken on (Supersedes Gwent Lower Mill Field, Pontypool, additional cost of Educational provision generated issued Money transferred to Planning Abertillery Comprehensive C/2008/0324) Torfaen, Pontypool NP4 0JX by the development. Control holding account) (refer to School (April 2011). Construction of 20 (2) Finance). Requested that invoices be F residential units 7(a) Upon the Developer making the education sent to Finance to contribution planning permission shall be issued. demonstrate spend (May 2011). Invoices not received and reminder sent 18.01.12 to resolve by year end. Confirmation received from Finance 16.12.13. Invoice information supplied by Education and payment from the S106 Reserve to Capital Reserve completed in 2011/12 financial year.

19.08.2009 Higgs’ Yard, New BGCBC (1) Third Schedule N Prior to Church Road, Ebbw commencement the C/2007/0658 Vale Richard John Higgs, George The following financial contributions are payable: following shall be Thomas Higgs, Margaret Carolyn submitted and F Residential dwellings of Reardon (2) Education Contribution: £75,504 approved in writing 1, 3, and 4 bedrooms by the LPA: (29 dwellings) Leisure Facilities Contribution: £30,000 An enhanced The owner covenants and agrees. mitigation strategy relative to 1. To pay one third of the Leisure Facilities protecteced species contribution prior to the occupation of the 5th (reptiles) dwelling, to pay one third prior to the occupation of the 15 th dwelling and the final Full details of all one third prior to the occupation of the 25 th landscaping works dwelling. and future management 2. To pay one third of the Education contribution proposals for the site. to the Council in its capacity as LEA prior to the occupation of the 5th dwelling, to pay one third Programme of prior to the occupation of the 15 th dwelling and implementation of the the final one third prior to the occupation of the landscape and 25 th dwelling. management strategy. 3. Any payments made shall additionally include an amount representing the percentage Implement the difference between the amount of the RPI at development in the date of this agreement and that at the time accordance with the when the payments become due. commitments and recommendation of 4. To implement the development in accordance the Higgs Yard Ebbw with the commitments and recommendation of Vale – Ecological the Higgs Yard Ebbw Vale – Ecological Assessment. *The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

Assessment by David Clements Ecology Ltd dated January 2008 relative to European Prior to occupation Protected Species. the financial contributions are 5. Not to allow commencement of works on the payable subject to development until an enhanced mitigation RPI adjustments: strategy relative to protected species (reptiles) has been submitted and approved in Leisure Facilities writing by the LPA and to adhere to the contribution . A recommendations of any approved mitigation payment of £25,168 relative to the development. is due prior to the occupation of: 6. Not to allow commencement of works until full details of all landscaping works and future The 5 th dwelling: management proposals for the site and the Estimated date : adjacent ecological river corridor have been submitted to and approved by the LPA . Such The 10 th dwelling: details shall include (inter alia) phasing planting Estimated date : plans, detailing of ground preparation, and maintenance/management strategy for a The 25 th dwelling: minimum period of 10 years. Estimated date :

7. To implement the landscape and management Education strategy (as approved pursuant to paragraph 5 contribution . A above) in accordance with a programme to payment of £10,000 be submitted to and approved in writing by the is due prior to the LPA before commencement of works. occupation of:

The 5 th dwelling: Estimated date :

The 10 th dwelling: Estimated date :

The 25 th dwelling: Estimated date :

23.07.2009 Land at Peacehaven, BGCBC (1) Schedule Part I Y Prior to the Off –site highways works March 2014 Deed of variation Tredegar Davies Homes Ltd (2) occupation of the April 2012 – Compliance Officer prepared for the site C/2007/0400 147 dwellings, roads Michael Frederick Davies (3) 1. 8 of the units constructed on site are affordable 1st unit the off site confirms that off-site highways regarding substitute dwelling and associated works. housing units which shall be completed to a highways works as works completed subject to laying types - not yet FSC habitable standard prior to the occupation of 50% recommended by the of final course. It has been mutually signed.13.03.14 of the total number of open market units. Traffic Assessment agreed that this can be delayed to Report undertaken avoid damage by construction Schedule Part II pursuant to Condition traffic. 3 shall be completed. 1. No more than 25 units shall be occupied until the Owner has paid the Education Payment Estimated date: April (£47,000 ), Leisure Payment ( £60,000 ) and 2012 Landscaping Payment ( £5,000 ). Prior to occupation Full payment for commuted sums 2. The Owner shall carry out any off site of the 25 th unit the £112,000 received in two payments highways works prior to the beneficial financial contributions November/December 2013. Held in *The monitoring matrix is prepared for internal monitoring purposes and is a summary of the detailed clauses contained in the legal agreements listed. Copies of the S106 agreements are available upon request from Blaenau Gwent County Borough Council, Development Management section, e-mail: [email protected]. Blaenau Gwent County Borough Council - Planning Agreements made under Section 106 of the Town & Country Planning Act (as amended) - Monitoring Matrix* Updated 13.03.2014

occupation of the first unit as shall be are payable subject holding account under Code recommended by the Traffic Assessment Report to RPI adjustments: 140753. undertaken pursuant to Condition 3 of the planning permission. Estimated date : Monitoring Fee of £2,356 retained. Departments notified of the receipt Schedule Part IV Education:£47,000 of monies. No requests for spend received to date (13.03.14). 1-4. 4 of the units constructed on site are Leisure:£60,000 social rented housing (plot numbers 22-25) and shall be built in accordance with minimum DQR Landscaping:£5,000 standards set out by WAG. The units shall be completed to a habitable standard prior to the TOTAL: £112,000 occupation of 50% of the open market units. Prior to the Recitals occupation of the 68 th unit the 8 Index Linked Payments affordable housing 1.1 All financial contributions shall be increased units and 4 social by the percentage which reflects any difference rented housing units between the Uplifted Retail Prices Index between shall be completed to the date of the Agreement and the date of a habitable standard. payment of the contribution Esti mated date: Late Payments : 2.7 In the event of late payment of any such sum required by the Agreement to be paid to the Council the sum shall bear interest at the rate of 4% per annum above the base rate of Barclays Bank plc from the date due until the date of payment.

30.04.2009 Land at Arrael Farm, John Wardlaw Hanbury-Tenison 2.1 For first 10 months from commencement: Y Monitoring by 1st & 2 nd stage payments paid Six Bells, Abertillery (UU) 2.1.1 No more than 8 trucks loaded with coal shall Highway Authority directly to Highways as works C/2008/0146 (known as Six Bells and leave the land and travel along the A4046 road completed. (14.12.2009) Vivian Tips) between Cwm and Ebbw Vale each day and not F Variation of condition more than 8 empty trucks travelling onto the land C/2004/0363 to be filled with coal will travel along the A4046 Development completed (Reclamation of coal road between Cwm and Ebbw Vale each day. waste) 2.1.2 No more than 8 trucks loaded with coal shall leave the land and travel along the A467 road between Aberbeeg and Brynmawr each day and not more than 8 empty trucks travelling onto the land to be filled with coal will travel along the A467 road between Aberbeeg and Brynmawr each day.

2.2 Thereafter: 2.2.1 No more than 5 trucks loaded with coal shall leave the land and travel along the A4046 road between Cwm and Ebbw Vale each day and not more than 5 empty trucks travelling onto the land to be filled with coal will travel along the A4046 road between Cwm and Ebbw Vale each day.

2.2.2 No more than 5 trucks loaded with coal shall leave the land and travel along the A467 road between Aberbeeg and Brynmawr each day and not more than 5 empty trucks travelling onto the land to be filled with coal will travel along the A467 road between Aberbeeg and Brynmawr each day.

4. The Developer shall pay to the Council the Permission granted Stage 1 payment received sum of £30k in respect of highway related 30.04.2009 therefore 19.11.2009. Paid into Highways works to be paid in two stages: Stage 1 payment Local Road Safety Grant. due: 12.06.2009 11.12.2009 Stage 1 : £15k due 6 weeks from grant of planning permission Stage 2 Payment received Stage 2 : £15k due on the 1 st anniversary of the 13/05/2010. Paid into Highways payment of first sum. Stage 2 Payment Local Road Safety Grant. Highway due: 12.06.2011 Authority informed.

12.12.2008 Land adjacent to Heol (1) Blaenau Gwent County Borough Second Schedule Y Ten working days Development completed Elan, Rassau Council notice of the C/2008/0021 Notice commencement of 43 units Affordable (2) United Welsh Housing 1. To provide the Council with not less than ten development. F Housing Development Association of Ty Cennydd, Castle working days prior notice in writing of the Street, Caerphilly CF82 1NZ commencement of the Development which shall be defined by section 54 of the Town & Country Planning Act 1990

Affordable Housing 2. The Dwellings built under the Planning Permission as part of the Development shall be developed as Affordable Housing

18.09.2008 Rehobeth Chapel, King (1) Blaenau Gwent County Borough Third Schedule N Commencement of Street, Brynmawr Council development C/2007/0614 The Owners covenants: to pay the Council all Housing development (2) Freeholder Chrysalis reasonable costs and disbursements in F for 8 No dwellings. Developments Ltd. Of 2 nd Floor, undertaking all legal duties and responsibilities New road, junction and 145-147 St. John’s Street, London involved in exhuming human remains at the mews court. EC1V 4PY Development.

(3) National Westminster Bank PLC Fourth Schedule of High Street, Abergavenny Council’s Covenants: at the written request of the Owner the Council shall provide written confirmation of the discharge of the obligations contained in this Deed when satisfied that such obligations have been performed.