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I BROADLANDDISTRICT COUNCIL

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I L- AGREEMENTUNDER SECTION 106 OFTHE TOWN AND COUNTRY PLANNING I I 1 ACT1990 Relatingto thedevelopment of landat BurlinghamRoad, , l l t--

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I FC/JKH-BDCCTR/19419(Section 106 Agreement) L Created: 07.10.05 updated: 10.11.05

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i I t. TH I S AG REEM ENT ismadethe l-5" dayof r*"i, 2006

BETWEEN:

BROADLANDDISTRICT COUNCIL of ThorpeLodge 1 YarmouthRoad 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

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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 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 exclusiveof anyVAT properlypayable

8.2 lf at anytime VAT is or becomeschargeable in respectof anysupply made in accordancewith the termsof thisAgreement, then to the extentthat VAT has notpreviously been charged in respectof thatsupply the personmaking the supplyshall have the rightto issuea VAT invoiceto the personto whomthe supplywas made and the VAT shall be paidaccordingly

9. Jurisdiction

9.1 ThisAgreement is to be governedby and interpretedin accordancewith the lawof Englandand Wales

10. The Owneragrees that any rightsto claimcompensation arising from any limitationsor restrictionson theplanning use of theSite under the terms of the Agreementare herebywaived

11. PLANNINGOBLIGATIONS

8 TheOwner hereby covenants with the Councilas follows:

11.1 To carryout and,complywith the obligationsand restrictionsset out in Schedule1 to thisAgreement

SCHEDULE1

1. AFFORDABLEHOUSING

1.1 To constructor procurethe constructionof the AffordableHousing Units in abcordancewith current NHBC standards and building regulations in forceat thetime of buildingand to thesatisfaction of theCouncil and to completethe constructionof theAffordable Housing Units by 30 June2006

1.2 Notto useallow or permitthe Affordable Housing Units to be occupiedfor any purposeother than as AffordableRental Units and Shared Ownership Dwellings

1.3 TheAffordable Housing Units shall not be occupiedother than by Qualifying Occupiers

L 1.4 TheOwner shall not dispose of itsinterest in the freehold of theAffordable , HousingUnits or anypart thereof (except by wayof mortgage)other than to L anyother Registered Social Landlord

in possessionof theAffordable Housing Units or partthereof nor any receiver or manager(including an administrativereceiver) for such mortgagee and shallcease to applyto anyof theAffordable Housing Units where the Owner shallbe requiredto disposeof suchUnits pursuant to a rightto buyunder Part 5 of theHousing Act 1985or Section16 of theHousing Act 1996or any similaror substituteright applicable

I EXECUTEDby the partieshereto as a deedon the datewritten above

THECOMMON SEAL of ) BROADLANDDISTRICT COUNCIL ) washereunto affixed in the presenceof )

#Fllrrm{=OLir[vE @iees @

THECOMMON SEAL of ) WHERRYHOUSI NG ASSOCIATION ) LIMITED ) washereunto affixed in the presenceof )

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10 APPENIX1 LOCALLETTINGS POLIGY

1. NominationsRights Policy

1.1 ThePolicy will apply to allcategories of propertieson the basis of 100%of all lettingsfor thefirst 80 years.

1.2 TheCouncil and the Association are both committed to eradicatingdouble scrutiny of nominatedhouseholds for general needsaccommodation. They are also agreed on the move awayfrom a poolnomination sygtem to a directnomination systemwhere a maximumof 2 householdswill be nominatedin priorityorder for anyletting other than those designated as hard to letwhere a maximumof 3 householdswill be nominated.

-o 2. Criteriafor Selecting Nominations

ln thecase of generalneeds accommodation the Council will attempt to makenominations in linewith its current allocation priorities to need exercisingthe following criteria:

2.1 Allocationswill be madeto peopleliving in SouthWalsham, workingin SouthWalsham or witha needto moveto South Walshaminorder to giveor receivesupport;

2.2 Prioritywill then be givento peopleliving in, working in, or witha needto moveto thefollowing areas in orderto giveor receive support Uptonwith Fishley Lingwoodand Burlingham Woodbastwick

2.3 Prioritywill then be given to peopleliving in, working in, or witha needto moveto thefollowing areas in orderto giveor receive support Beighton Greatand Little Plumstead 3:lilS;l"

,-.1,, 2.4 Prioritywill then be givento peopleliving in, working in or witha i,1;-:;,,1;, needto moveto anyother Parish within District for -.r::.:.:rir:,, : .,,-i:,:.,.,,::t:. r l thepurpose of givingor receivingsupport. 2.5 TheCouncil will consult the Association in theevent of consideringchanges to its relevantpriorities. However it is acceptedthat the abilityto maintainthese priorities will be largelydependent on thetype of HousingAssociation property thatbecomes available.

2.6 Inthe case of designatedspecial needs accommodation (the designationof whichwill be agreedbetween the Council and the Association)theCouncil will seek to makenominations in line withits relevantallocation programme priorities. However it is acceptedby theAssociations that the Councilis onlyobliged to ensurethat the nominated household is an appropriate nominationfor thetype of property

3. AdministrativeProcedure for nominations

Theadministrative procedure for nominationsshall be in accordancewith -o theoperational procedures of theCommon Housing Register as amended fromtime to timeor in accordancewith such alternative procedures as the Counciland the Association shall aoree between them.