Planning Obligations SPD 2021

Ended on the 17 December 2021
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ANNEX 1 : DRAFT PROPOSED INDEMNITY AGREEMENT

 

Dated 2021

HARBOROUGH DISTRICT COUNCIL

AND

 

[ ]

 

RECEIPT FOR MONIES ARISING UNDER PLANNING AGREEMENT

Pursuant to Section 106 of the Town and County Planning Act 1990

Relating to [Development Site]

 

 

 

 

Harborough District Council

THIS AGREEMENT is made on the [ insert date as number] day of [ insert month] Two Thousand and Twenty

BETWEEN:

  1. THE DISTRICT COUNCIL OF HARBOROUGH of The Symington Building, Adam and Eve Street Market Harborough Leicestershire LE16 7AG (''the District Council'')
  1. [ insert name and address of the Recipient . ] (''the Recipient'')

RECITALS

  1. Planning permission was sought from the District Council to carry out the development of [insert the description of the development] and [insert the address of the site/land]
  2. The District Council is the Local Planning Authority for the purposes of the Town and Country Planning Act 1990 (As Amended) for the District of Harborough within which the Application Land/Site is situated
  3. On [insert date] the District Council resolved to grant planning permission in accordance with the planning application ref no. and subject to planning conditions and a Section 106 Planning Agreement/Unilateral Undertaking dated [insert date] (''the Deed'')
  4. The Recipient [insert name & address] is in receipt of the [name the contribution e.g. Health Contribution or police contribution] which amounts to [£ insert figure and also describe in words and state if inclusive of indexation] and is for [ insert the purpose/use of the contribution e.g. for the provision of and improvement of health facilities at Bushby Surgery]
  5. The parties have agreed to enter this indemnity agreement with the intention that the obligations/covenants contained herein may be enforced by the District Council against the Recipient and their respective successors in title, where necessary.

 

THE DISTRICT COUNCIL COVENANTS

In accordance with [insert the relevant clause nos.] of the [Section 106 planning agreement dated ]

The District Council will serve written notice to [insert name and address of the recipient ] . which :-

  1.  Advises the [Recipient] that the Deed has been entered into and that it contains an obligation on the Owner to pay the [type of contribution]
  2.  Advises the [recipient] of the purpose of the [type of contribution] as set out in the Deed
  3.  Advises the [recipient] of the amount of the [type of contribution] and each tranche there-of together with details of the trigger dates for payment and
  4.  Requests confirmation from the [recipient] as to which of them the Council should pay the contribution to in accordance with the Deed
  5.  The District Council covenants with the Owner to pay the Contribution to the [relevant recipient]

 

THE RECIPIENT COVENANTS

The Recipient to provide a written undertaking for the benefit of the District Council and the Owner that it will:-

  1.  apply the [ Contribution] in accordance with the purposes set out in the Deed
  2.  provide full details of the expenditure of the [ Contribution] on demand to the District Council or the Owner PROVIDED that no such demand shall be made before the expiry of three years from the date of receipt of the [ Contribution] by the District Council and such demands shall not be made more frequently than once a quarter thereafter and
  3.  return any unspent or uncommitted part of the [ Contribution] (with any required interest at the Bank of England Base rate from time to time that has accrued thereon in the period from the date of receipt by the District Council to the date of repayment) to the District Council after expiry of five years from the date of receipt of the Health Contribution by the District Council regardless of when the same was paid to the relevant Health Body.
  4.  to co-operate fully and to provide such information as is reasonably requested by the District Council in the event that repayment of the [ Contribution] is sought by the Owner under the terms of the Deed and
  5.  to notify the District Council immediately in writing of any instances of fraud or misappropriation of the [ Contribution] and
  6.  to indemnify the District Council in respect of all claims made against the District Council for repayment of the [ Contribution] including (but not limited to) legal costs and interest awarded against the District Council arising from the repayment of the [ Contribution].

IN WITNESS WHEREOF this Agreement is executed as a DEED in the manner hereinafter appearing the day and year first before written

The COMMON SEAL of

MARKET HARBOROUGH DISTRICT COUNCIL

was hereunto affixed in the presence of:-

 

Authorised Signatory

 

Signed as a deed by in the presence of

 

The COMMON SEAL of The RECIPIENT e.g.

Signed as a deed by in the presence of

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