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I Broadland District Council .And. Wherry Housing

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j i L-- I I BROADLANDDISTRICT COUNCIL .AND. I I + WHERRYHOUSING ASSOCIATION LIMITED l I I L- AGREEMENTUNDER SECTION 106 OFTHE TOWN AND COUNTRY PLANNING I I 1 ACT1990 Relatingto thedevelopment of landat BurlinghamRoad, South Walsham, Norfolk l l t-- l 1 i L- I I i-_ L I FC/JKH-BDCCTR/19419(Section 106 Agreement) L Created: 07.10.05 updated: 10.11.05 j l I '!- i i I t. TH I S AG REEM ENT ismadethe l-5" dayof r*"i, 2006 BETWEEN: BROADLANDDISTRICT COUNCIL of ThorpeLodge 1 YarmouthRoad Thorpe St Andrew NorwichNorfolk NR7 0DU ("the Council") of thefirst part and WHERRYHOUSING ASSOCIATION LIMITED ("the Owner") whose office is at AngliaHouse 6 StAndrews Business Park ThorpeSt Andrew Norfolk NR7 OHR of thesecond part 1. INTERPRETATIONAND DEFINITIONS In this Agreementunless the contextotherwise requires the following expressionsshall have the following meanings:- "Act" theTown and Country Planning Act 1990(as amended) "AffordableHousing" housingwhich is availableto meetthe needs of thosewho cannot afford to rentor buydwellings generallyavailable on theopen market to be ownedand/or managed by a RegisteredSocial Landlord "AffordableHousing Units" semi-detachedhouses to be constructedor providedon the Siteas partof the Development "AffordableRental Units " fourAffordable Housing Units to be constructed or provided on the Site as part of the Developmentshown in the positionoutlined in blueon the Planannexed hereto and to be let for a rentupon either a weeklybasis or monthly tenancy basis not exceeding housing 1 corporationtarget rents (or if suchtargets cease to be setsuch other measure of affordablerents as the relevantDistrict Council shall reasonably determine)and to be let by or on behalfof a RegisteredSocial Landlord "Application" the applicationdated 30 November2A04 for planningpermission for eight semi-detached housesin accordancewith the plansdeposited withthe Council bearing reference no 20041894 "Development" the developmentpermitted by the Planning Permission "Director" the Council'sStrategic Director (Community Services)or otherofficers of the Councilacting underhis hand "LocalLettings Policy" the orderin whichthe Affordable Housing Units are to be allocatedand which is set out under the title"Local Lettings Policy" at Appendix1 to thisAgreement as amendedfrom time to time "Plan" theplan annexed to thisAgreement "PlanningPermission" the planningpermission dated 27th May 2005 grantedpursuant to theApplication "QualifyingOccu piers" in relationto any person housed in an AffordableHousing Unit, any person who meets the qualifying criteria as having a total householdincome at a level which prevents them from obtainingon the open market housing accommodationlocally which is 2 reasonablyadequate for theirneeds contained in the Council'spolicies relating to housing allocation(as amended from time to timeand as formulatedpursuant to the provisionsof the HousingActs 1985, 1996 and 2004 and the HomelessnessAct 2002) and ranked in accordancewith the Local LettingsPolicy or wheresuch personshave been exhausted any personas nominatedby the Councilon the BroadlandHousing Register that the Registered Social Landlord owning or managingthe AffordableHousing Units on the Siteis entitled to housewithin its rules "RegisteredSocial a registeredsocial landlord in the registerkept l-andlord" by the HousingCorporation under Part 1 of the Housing Act 1996 (or any statutory re- enactmentor modificationthereof) as approved bythe Council "SharedOwnership four AffordableHousing Units to be let on a Dwellings" SharedOwnership Lease "SharedOwnership Lease" a lease of a Shared OwnershipDwelling granted at a premium whereby up to a maximum of 50o/o(fifty per cent) on first purchaseof theequitable interest in theShared OwnershipDwelling is paidby the tenantupon completionof suchlease or raisedby mortgage or chargefrom a bankor buildingsociety and which lease shall include arrangements enablingthe lessee to acquireup to 80%(eighty 3 per cent)of the legaland equitableinterest in the SharedOwnership Dwelling at somefuture dateor datesand shallallow a rentalpremium to be chargedon the remainderof theequitable interest not exceeding housing corporation targetrents (or if suchtargets cease to be set suchother measures of affordablerents as the relevant District Council shall reasonably determine) "Site" the landat BurlinghamRoad SouthWalsham shownfor the purposesof identificationonly edgedred on the Plan ln thisAgreement unless the contextothenruise requires: (i) referencesto anyparty shall include the successors in titleand assigns of thatparty (ii) referencesto clausesand schedules are referencesto clausesin and schedulesto thisAgreement (iii) anymention herein of anyAct or of anySection Regulation or Statutory Instrumentshall be deemedto referto thesame source as at anytime amended and where such Act Section Regulationor Statutory Instrumenthas been replacedconsolidated or re-enactedwith or withoutamendment such mentionshall be deemedto referto the relevantprovision of the updatingconsolidating or re-enactingAct or Sectionor Regulationor StatutoryInstrument (iv) headingsin this Agreementshall not form part of or affect its construction WHEREAS: 4 A. TheCouncil is the LocalPlanning Authority for the purposes of theAct for the areawithin which the Site is situated B. The Owneris the freeholdowner of the Site and an applicationfor title absolutehas been submitted to Kingstonupon Hull District Land Registry C. The Ownersubmitted the Applicationand the Councilhas grantedthe PlanningPermission 2. dTruTnnIPRoVISIoNS APPLIcABLE To THISAGREEMENT 2.1 ThisAgreement is madeunder Section 106 of theAct, Section 1 1 1 of the LocalGovernment Act 1972and any other enabling powers 2.2 Theobligations of theOwner hereunder are planning obligations enforceable bythe Council against the Owner and its successors in title and assigns 2.3 The provisionsof this Agreementshall have immediateeffect upon completionof thisAgreement 2.4 ThisAgreement shall cease to haveeffect if the PlanningPermission shall be quashedrevoked or otherwisewithdrawn 2.5 ThisAgreement shall be registeredas a chargein the Council'sRegister of LocalLand Charges 2.6 In theevent that this Agreement comes to an endthe Council if so requested by the Ownerwill executea Deedof Release(or partialrelease) from the relevantprovisions of thisAgreement and procurethat a notethereof shall be registeredon theCouncil's Register of LocalLand Charges 3. Agreementsand Declarations 5 IT lS HEREBYAGREED AND DECLARED as fottows: 3.1 No Fetterof Discretion Saveinsofar as legallyor equitablypermitted nothing contained or impliedin this Agreementshall prejudiceor affect the rights powers duties and obligationsof the Councilin the exerciseof its functionsas LocalPlanning Authorityand the rightspowers duties and obligationsunder all publicand privatebylaws and regulationsmay be as fullyand effectivelyexercised as if theCouncilwere not a partyto thisAgreement 3.2 lnvalidityor Unenforceabilityof any of theTerms of thisAgreement lf any provisionin this Agreementshall be held to be invalidillegal or unenforceablethe validitylegality and enforceabilityof the remaining provisionshereof shall not in any way be deemedthereby to be affectedor impaired 3.3 NoWaiver No waiver(whether express or implied)by the Councilof any breachor defaultby the Ownerin performingor observingany of the covenantsin this Agreementshall constitute a continuingwaiver and no such waivershall preventthe Councilfrom enforcing any of the covenantsor fromacting upon anysubsequent breach or defaultin respectthereof 3.4 No personshall be liableunder this Agreementfor any breachof the covenantscontained in this Agreementafter that partyhas partedwith its interestin the Site or the part of the Site in respectof whichsuch breach occursprovided that liabilitywill stillremain for any breachoccurring prior to the partingof anyperson's interest in the Siteor anypart thereof in respectof whichany such breach has taken place 4. Notices 6 4.1 Any noticedocument or othercorrespondence required to be servedor given underthe provisionsof this Agreementshall be in writingand delivered personallyor sentby pre-paidletter or facsimile 4.2 Theaddress for any noticeor otherwritten communication in the caseof each partyto thisAgreement shall be as follows:- TheCouncil TheStrategic Director (Community Services) ThorpeLodge YarmouthRoad ThorpeSt Andrew Nonvich TheOwner 6 StAndrews Business Park ThorpeSt Andrew Norwich Norfolk NR7OHR 4.3 Anynotice or otherwritten communication to be givenby theCouncil shall be deemedto be validand effectiveif on its face it is signedon behalfof the C.ouncilby a dulyauthorised officer 5. ThirdParties 5.1 The Contracts(Rights of Third Parties)Act 1999shall not applyto this Agreementand no personwho is nota partyto thisAgreement (other than a successorin title to oneof theoriginal parties) shall be entitled in that person's own right to enforceany provisionsof this Agreementpursuant to the provisionsof the saidAct 6. Costs 6.1 TheOwner shall on completionof thisAgreement pay the Council's legal and administrativecosts incurred in thepreparation negotiation and completion of thisAgreement 7. PaymentOf Interest 7.1 The Ownershall pay interestat the rateof 4o/oabove HSBC Bank base rate for the time beingin forceon any moniesdue underthe provisionsof this Agreementin the event of late paymentfor the periodfrom the date the moniesshould have been paid to thedate the money is received 8. VAT 8.1 All considerationgiven in accordancewith the termsof thisAgreement shall be
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