Print Form
Unilateral Undertaking
Unilateral Undertaking pursuant to Section 106 of the Town and Country Planning Act 1990 relating to land at Note 1
……………………………………………………………………………………… Dated ……………………………………….. Note 2
Applicant(s) …………………………………………………………………………………….. …………………………………………………………………………………….. Note 3
Landowner(s) ……………………………………………………………………………………. ……………………………………………………………………………………. Charge Holder(s) …………………………………………………………………………………….. …………………………………………………………………………………….. given to Elmbridge Borough Council Note 1 Note 2
Note 3
Insert the address of the Application Site Insert the name of the person applying for planning permission. Please indicate if the Landowner is also the Applicant by adding the words “and Landowner “ to the details of the Applicant on the front page of this Deed and at the top of page 1 (see Note 3). Landowner - Insert the names of all those named as the owner of the land at the Land Registry . This should include all those with an “interest in land” to which Section 106 of the Town & Country Planning Act 1990 applies (including mortgagees). If the Applicant is the only landowner, delete this box. You must supply up to date Land Registry Official Copies in respect of all registered titles within the development site. Insert the names of all those holding a charge over the land (e.g. first mortgagees) that are capable of entitling the charge holder to possession of the land.
Page 1 of 22
Contents 1
Definitions
4
2
Statutory Authorities
8
3
Conditionality
8
4
Planning Obligations
9
5
Interest and Statements of Account
9
6
Obligations after Disposal of Whole or Part
9
7
Notices
10
8
VAT
10
9
General
10
10
Local Land Charges
10
11
Contracts (Rights of Third Parties) Act 1999
11
Schedule 1 – The Application Site
12
Schedule 2 – The Plan
13
Schedule 3 – The Planning Application
14
Schedule 4 - Planning Obligations
15
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This Undertaking is Dated ……………………………………….. and Given by (1)
Note 4
………………………………………………………………… the Applicant(s)
of …………………………………………………………………………………… a company registered in England with company registration number………………. whose registered office is………………………………………………………….......... ;and (2)
……………………………………………………… the Landowner(s) of ……………………………………………………………………………………… a company registered in England with company registration number ……………… whose registered office is
…………………………………………………………….
; and (3)
………………………………………………………
the Charge Holder(s)
of ……………………………………………………… a company registered in England with company registration number whose registered office is …………………………………………….. To (4)
Elmbridge Council of Civic Centre, High Street, Esher, Surrey, KT10 9SD (the Council)
Recitals A
The Council is the local planning authority for the purposes of Section 106 of the Act for the area within which the Application Site is situated.
Note 4 If the Applicant/Landowner/Charge Holder is an individual, insert his/her address after “of”. If the Applicant/Landowner/Charge Holder is a registered company, insert the company number, registered office and (if different) the principal place of business. Delete sections which are not applicable.
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B
The [Applicant] [and] [Landowner]Note 5 is registered as the freehold owner of the Application Site with title absolute at HM Land Registry under title number Note 6 …………………………
C
The Applicant has an interest in the Application Site Note 7
D
The Application for Planning Permission has been made by the Applicant to the Council to develop the Application Site.
E
The Parties have agreed that the provisions herein contained should have effect in order to secure both the provision of affordable housing within the Development and/or a financial contribution towards the provision of affordable housing offsite in accordance with the Council’s Developer Contributions Supplementary Planning Document dated 18 April 2012. This Deed reflects the form of Unilateral Undertaking that the Council requires Landowners and/or Developers to enter into in relation to all relevant sites Note 8
F
The Parties have agreed that the provisions herein contained should have effect in order to secure the proper contribution towards the costs of managing access on to the Thames Basin Heath and the monitoring of such access in accordance with the Thames Basin Heath Special Protection Area Interim Mitigation Strategy (“the Strategy”) as adopted by the Council on 11 April 2007. This Deed reflects the form of Unilateral Undertaking that the Council requires landowners and/or developers to enter into in relation to all relevant sites.
G
The Charge Holder consents to this Unilateral Undertaking being offered.
It is agreed: 1
Definitions In this Deed the following expressions shall apply: Act means the Town and Country Planning Act 1990 (as amended). Affordable Dwellings mean the dwellings to be provided as Affordable Housing and constructed and made ready for Occupation to the Affordable Housing Standards, comprising the tenure, size and type mix set out in Table 1 of Schedule 4 Affordable Housing means social rented housing, affordable rented housing and intermediate affordable housing, provided to eligible households whose needs are not met by the market, in conformity with the National Planning Policy Framework and related policies set down by the Council in its Local Development Framework . Affordable housing should meet the needs of eligible households including availability
Note 5
Delete as appropriate Insert the Land Registry title number(s) for the land comprising the Application Site Note 7 This recital should be included only if the Applicant has a legal interest in the title to the Application Site but is not the landowner Note 8 This Unilateral Undertaking template is to be used for applications where either the affordable housing contribution is to comprise a mix of on-site provision OR a financial contribution towards affordable housing delivery off-site OR a combination of both of these elements as explained and set out in Section 3 of the Developer Contributions Supplementary Planning Document published in April 2012 www.elmbridge.gov.uk/planning/policy/devcspd.htm Note 6
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at a cost low enough for them to afford, determined with regard to local incomes and local house prices and should include provision for the home to remain at an affordable price for future eligible households or, if these restrictions are lifted, for the subsidy to be recycled for alternative affordable housing provision. Affordable Housing Contribution means a sum calculated in accordance with Schedule 4 being a contribution to the Council towards the provision of affordable housing in the Council’s district. Affordable Housing Standards means the standards set out in the Housing Corporation publication, “Design and Quality Standards” (April 2007) (or any successor standards) being as a minimum, achievement of the core performance standards including achievement of no lower than Level 3 of the Code for Sustainable Homes and achievement of a Housing Quality Index (HQI) score, such that all the units comply with any contractual obligations entered into by a Registered Provider with the Homes & Communities Agency under the Affordable Housing Programme 2011-15, as well as any reasonable standards set down by the Council in its Local Development Framework Note 9 Affordable Rent means rented housing let by Registered Providers of social housing to households who are eligible for social rented housing. Affordable Rent is not subject to the national rent regime but is subject to other rent controls that require a rent and service charge of no more than the lower of either; 80% of the local market rent or a proportion of the Local Housing Allowance cap applying to the relevant property size for the month in which the property is to be first let. Note 10 Affordable Housing Land means that land shown for identification purposes edged on the Plan Note 11…………, together with ……. car parking spaces shown on drawing numbers ………………………………… Application for Planning Permission means the application submitted by the Applicant on Note 12………………………………………..and allocated the reference number: ………………. seeking permission for development as described in Schedule 3 on the Application Site. Application Site means the site the subject of the Application for Planning Permission more particularly described in Schedule 1 of this Deed. Base Affordable Housing Contribution means the sum of Note 13 ……………………………… …...................................................................... POUNDS and …………………………PENCE £……………………… being a contribution to the Council towards the provision of affordable housing in the Council’s district and calculated in accordance with the Council’s Developer Contributions SPD
Note 9
Applicants’ attention is drawn particularly to the minimum floor areas for affordable housing which the Council expects to be met, which are set down in Table 3 of the Supplementary Planning Document. Note 10 Due to concerns about the affordability of charging Affordable Rents at 80% of local market rents, given local incomes and changes to the benefits system, the Developers Contributions SPD sets out guidance on the rent levels that Registered Providers are expected to charge, which may involve setting rents below the 80% mark. Applicants / landowners are referred to paragraphs 3.32 to 3.34 in the Supplementary Planning Document and the box that follows for more information. Note 11 The Applicant should insert the drawing numbers in the Application that show the location of the Affordable Housing Land, including any garages. Note 12 Insert the date that the application for planning permission was submitted to the Council. Note 13 Insert the total amount of contribution in words and figures
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Development means the development the subject of the Application for Planning Permission. Eligible households means households living or working within the Borough of Elmbridge or any other household approved by Elmbridge Council’s Housing Services with a recognised housing need and whose incomes are not sufficient to allow them to afford decent and appropriate housing in the market Dwellings means any residential units which the Applicant intends to build on the Application Site. Indexed Affordable Housing Contribution means the Affordable Housing Contribution adjusted to take account of changes in the Land Registry House Price Index (Surrey based) from the index published in the month this Deed is signed to the index published in the month in which either the lump-sum payment is made (usually prior to the commencement of any Material Operation) or the payments by instalments are made.Note 14 Intermediate Affordable Housing means housing at prices and rents above those of social rent, but below market price or rents and which meet the criteria contained in the definition of Affordable Housing. These can include shared equity products (e.g. HomeBuy), other low cost homes for sale and intermediate rent but does not include affordable rented housing. Market Housing meansNote 15…………… dwellings to be constructed on the Development which are not to be provided as Affordable Housing Material Operation means a material operation pursuant to the Planning Permission on the Application Site the subject of this Deed pursuant to Section 56(4)(a)-(e) of the Act provided that for the avoidance of doubt a Material Operation shall be deemed not to have taken place for the purposes of this Deed by any surveying ground investigation archaeological investigations structural or advanced planting site clearance demolition and decontamination works site preparation including earth moving laying of sewers and services the erection of fences and hoardings and the creation of a site compound. The undertaking of a Material Operation is considered to be the commencement of development pursuant to the Planning Permission. Mortgagee means any mortgagee or chargee of the Registered Provider or the successors in title to such mortgagee or chargee or any receiver or manager (including an administrative receiver) appointed pursuant to the Law of Property Act 1925 Nominations Agreement means an agreement that restricts occupancy of the Affordable Dwellings other than a person chosen pursuant to a nomination agreement agreed between the Council and the Registered Provider
Note 14
The Land Registry House Price Index is published monthly and is available from: www.landreg.gov.uk/house-prices. It is proposed that the Affordable Housing Contribution can be paid on one of two different timescales. If paid at the same time as the Deed is entered into, it will be equivalent to the Base Affordable Housing Contribution. If paid as a single payment after the Deed is entered into, then it will be the higher of the Base Affordable Housing Contribution and the Indexed Affordable Housing Contribution. Note 15 Insert the number of Market Dwellings to be provided as part of the Development, which should correspond with the number proposed in the Planning Application.
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Occupation and Occupied means occupation for the purposes permitted by the Planning Permission but not including occupation by the personnel engaged in any construction, fitting out or marketing activity Parties means (1) the Applicant (2) the Landowner. Plan means the plan annexed at Schedule 2. Planning Permission means a planning per mission for the Development granted pursuant to the Application for Planning Permission and sh all apply to any planning permission granted on appeal against refusal of the Application for Planning Permission and to a ny planning permission subsequently granted(“Subsequent Permission”) under section 73 or 7 3A of the Act which permits non-compliance with any of the conditions attached to the Permission and the Permission sh all be construed to include t he Development as stated in the Subsequent Permission PROVIDED THAT with regard to the Subsequent Permission no new mate rial planning considerations have arisen since the granting of the Permission that requires a Deed of Variation to b e executed in respect of the Planning Obligation(s) or a new Unilateral Undertaking/ Planning Agreement under Sectio n 106 of t he Act to be executed Protected Tenant means any tenant who: (a)
has exercised the right to acquire pursuant to the Housing Act 1996 or any statutory provision for the time being in force (or any equivalent contractual right) in respect of a particular Affordable Dwelling
(b)
has been granted a New Build HomeBuy lease by a Registered Provider (or similar arrangement where a share of the Affordable Dwelling is owned by the tenant and a share owned by the Registered Provider) by the Registered Provider in respect of a particular Affordable Dwelling and the tenant has subsequently purchased from the Registered Provider all the remaining shares so that the tenant owns the entire Affordable Dwelling
Registered Provider means one of the Council’s Registered Provider partners, being a non-profit registered provider of social housing pursuant to the Housing and Regeneration Act 2008 or another Registered Provider proposed by the Developer and approved by the Council Regulator means the Homes and Communities Agency or such other government agency or successor organisation that funds new affordable homes and regulates Registered Providers Shared Ownership Dwelling Note 16 means a dwelling provided as Intermediate Affordable Housing, disposed of on shared ownership terms as defined in section 2(6) of the Housing Act 1996 (the Registered Provider endeavouring to achieve on initial sale an average of no more than [30%], with annual rents set at no more than 2.75% of the unsold equity), where the purchaser may buy additional shares (“staircase”) and buy the final share (“staircase out”) and own the whole home (“Shared Ownership Terms”). Note 16
The definition of Intermediate Affordable Housing includes a range of different types and tenures. Sharedownership is one of these and in recent years, this has been the most common form of intermediate affordable housing provided in Elmbridge. For this reason, we have included shared- ownership as the default type of intermediate housing, but the agreement can be amended should a different form of intermediate affordable housing be provided.
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Social Rented Housing Note 16Ameans rented housing owned and managed by local authorities and Registered Providers, for which guideline target rents are determined through the national rent regime. The proposals set out in the Three Year Review of Rent Restructuring (July 2004) were implemented as policy in April 2006. It may also include rented housing owned or managed by other persons and provided under equivalent rental arrangements to the above, as agreed with the local authority or with the Homes & Communities Agency as a condition of grant. Strategic Access Management and Monitoring Contribution (SAMM) means the sum of Note 17…………………………………...................................................................... POUNDS and …………………………PENCE £……………………… as set out in Schedule 4 of this Deed which sum shall be increased in line with any increase in the Retail Price Index between the date of this Deed and the latest published figure on date of payment to the Council by the Applicant or Landowner as the case may be in accordance with the Strategy. 2
Statutory Authorities
2.1
The obligations contained in Clause 4 and Schedule 4 of this Deed are planning obligations for the purposes of Section 106 of the Act and are enforceable by the Council.
2.2
The obligations contained in Clause 4 and Schedule 4 of this Deed are entered into by the Parties with the intention that these provisions should bind their interests in the freehold of the Application Site as provided by Section 106 of the Act.
2.3
Save where otherwise indicated and where possible pursuant to the relevant statutory provision the covenants in this Deed shall be binding on the Parties and their successors in title to the land stated to be bound.
2.4
The Charge Holder (if any) consents to the Applicant/Landowner entering into this Deed and acknowledges that this Deed is binding on the Application Site. The Charge Holder shall only be liable for any breach of this Deed if it has itself caused the breach whilst mortgagee in possession and it shall not be liable for any preexisting breachNote 17A
3
Conditionality
3.1
The obligations contained in Clause 4 and Schedule 4 of this Deed will not have effect unless:
3.1.1
the Planning Permission has been granted;
Note 16A
Due to concerns about the affordability of charging Affordable Rents at 80% of local market rents, given local incomes and changes to the benefits system, the Developers Contributions SPD sets out guidance on the rent levels that Registered Providers are expected to charge, which may involve setting rents below the 80% mark. Applicants / landowners are referred to paragraphs 3.32 to 3.34 in the Supplementary Planning Document and the box that follows it for more information. Note 17
Insert the total amount of contribution in words and figures Delete as appropriate (if the Applicant is also the sole Landowner, references to “the Landowner” can be deleted throughout)
Note 17A
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3.2
If the Planning Permission shall expire prior to the carrying out of a Material Operation or shall at any time be revoked or modified without agreement this Deed shall forthwith determine and cease to have effect.
3.3
If the Planning Permission is quashed before the carrying out of a Material Operation then this Deed shall absolutely determine and become null and void but without prejudice to the rights of any Party against the other.
4
Planning Obligations
4.1
The Landowner and the Applicant accept the restrictions and requirements in this Clause and:
4.1.1
will comply with the planning obligations set out herein and in Schedule 4 of this Deed; and
4.1.2
will serve a notice upon the Council twenty one (21) days in advance of the first Material Operation taking place; and
4.1.3
confirm that no person other than the Landowner Note 18[and/or the Applicant and Charge Holder] hold/s an interest of ownership in this Land.
[4.2
The Charge Holder agrees to the entering into by the Landowner Note 18[and the Applicant] of the obligations herein and in Schedule 4 of this Deed, testified by its execution of this Deed.]
5
Interest and Statements of Account
5.1
Without prejudice to any other right remedy or power herein contained or otherwise available to the Council if any payment of any sum referred to herein shall have become due but shall remain unpaid for a period exceeding thirty (30) days the Parties shall pay on demand to the Council interest thereon at the interest rate of five per centum (5%) per centum per annum above the Bank of England Base Rate from the date when the same became due until payment thereof.
6
Obligations after Disposal of Whole or Part
6.1
The Parties shall cease to have any obligation or liability under the terms of this Deed in relation to the Application Site or any part thereof once it shall have parted with all its interest in the Application Site or that part thereof respectively but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest.
6.2
Notwithstanding the foregoing sub-clause the obligations under this Deed shall not be enforceable against any statutory undertaker or public authority which acquires any part of the Application site or any interest in it for the purposes of its statutory undertaking or functions.
Note 18
Delete within the [ ] as appropriate
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7
Notices
7.1
Any notice to be given hereunder shall be in writing and shall either be delivered personally or sent by first class pre paid post. The addresses for service on the Applicant, the Landowner, and the Council shall be those stated in this Deed or such other address in England for service as the Party to be served may have previously notified in writing.
7.2
Each notice served in accordance with sub-clause 7.1 hereof shall be deemed to have been given or made and delivered if by delivery when left at the relevant address or if by letter forty eight (48) hours after posting.
8
VAT
8.1
All consideration given in accordance with the terms of this Deed shall be exclusive of any VAT properly payable.
8.2
If at any time VAT is or becomes chargeable in respect of any supply made in accordance with the terms of this Deed then to the extent that VAT has not been charged in respect of that supply the person making the supply shall have the right to issue a VAT invoice to the person to whom the supply was made and the VAT shall be paid accordingly.
9
General
9.1
The headings appearing in this Deed are for ease of reference only and shall not affect the construction of this Deed.
9.2
For the avoidance of doubt the provisions of this Deed (other than those contained in this sub-clause) shall not have any effect until this document has been signed and dated.
9.3
Any covenant in this Deed by which the relevant Party is not to do an act shall be construed as if it were a covenant not to do or permit or suffer to be done such act.
9.4
Any covenant contained herein whereby the relevant Party is not to omit to do an act or thing shall be construed as if it were a covenant not to omit or permit or suffer to be omitted such act.
9.5
References to statutes by-laws regulations orders and delegated legislation shall include any statute by-law regulation order or delegated legislation re-enacting or made pursuant to the same.
9.6
References to the Landowner and the Applicant include references to their successors in title as owners of the Application Site or any part thereof and this Deed shall bind such successors in title of the Application Site or any part thereof.
10
Local Land Charges This Deed is a Local Land Charge and shall be registered as such by the Council in the Local Land Charges Register provided that if the Planning Permission expires unimplemented, or is revoked, or if all obligations under this Deed have been discharged then the registered charge shall be treated as having ceased to have
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effect under rule 8 of the Local Land Charges Rules 1977 or any statutory reenactment thereof and the registration shall be cancelled. 11
Contracts (Rights of Third Parties) Act 1999 The Parties do not intend that the provisions of this Deed shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not party to this Deed.
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Schedule 1 – The Application Site All that piece or parcel of land comprising Note 19…………………………………………………… ………………………………………………………………………………………………….., outlined red for identification purposed only on the Plan being land over which the Application is made.
Note 19
Insert a description of the Application Site (i.e. its address or location)
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Schedule 2 – The Plan
Note 20
Note 20
After this page include a plan showing the boundary of the Application Site for which planning permission is sought (sometimes referred to as the "red-line" plan)
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Schedule 3 – The Planning Application 1. The planning application is that submitted by the applicant applying for planning
permission or approval for Note 21
…………………………………………………………………………………………………………… ……………………………………………………………………………………………………………
Note 21
Insert a description of Development
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Schedule 4 – Planning Obligation The Parties covenant with the Council as follows: 4.1
[Note 22to bind the Application Site to pay the Strategic Access Management and Monitoring Contribution to the Council prior to the carrying out of any Material Operation. The Strategic Access Management and Monitoring Contribution as at the date of this Deed is calculated on the basis of the Thames Basin Heaths Special Protection Area Interim Mitigation Strategy (the Strategy)]
4.2
[Note 22to bind the Application Site to pay the Affordable Housing Contribution to the Council prior to the carrying out of any Material Operation.
4.2.1 The Affordable Housing Contribution is calculated in accordance with the criteria set out in the Council’s Developers Contributions SPD and (without prejudice to clause 5) shall be the higher of the Base Affordable Housing Contribution and the Indexed Affordable Housing Contribution, from the date of this Deed until the date the payment is made.] 4.3
[Note 22 to bind the Application Site to not less than Note 23……… of the Dwellings shall be provided as Affordable Dwellings as shown in Schedule 2 of this Agreement and provide a size and tenure mix of Affordable Dwellings within the Development in accordance with the tenure mix set out in the table below Table 1 Note 24
Plot number
Note 22
Floor level
Dwelling type
No of Internal bedrooms gross floor area sqm
Type of affordable housing
Proposed tenure of any intermediate affordable housing
Delete between [ ] if appropriate.
Note 23
Insert the number of Affordable Dwellings to be provided as part of the Development, which correspond with the number proposed in the Planning Application. Note 24 The table should be completed by taking information from the Application form and supporting documentation but should be agreed by and in consultation with the Council’s Planning Team
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4.3.1
that the Affordable Housing provided as Affordable Rent, shall be let at gross rents, including service charges, which should not exceed the lower of either the 80% of the local market rent or the a proportion of the Local Housing Allowance cap applying to the relevant property size for the month in which the property is to be first let Note 25
4.3.2 that the Intermediate Affordable Housing will be provided on Shared Ownership Terms, unless otherwise agreed in writing by the Council 4.3.3 that the average monthly cost of the Intermediate Affordable Housing (in terms of any mortgage, rent and service charges) will constitute not more than 30% of the gross household income of households with an annual gross household income of £31,000, unless otherwise agreed in writing by the Council.Note 26 4.3.4 that the Affordable Housing will be built to comply with the Affordable Housing Standards Note 27 4.3.5 That no more than 50% of the Market Housing shall be in occupation before: 4.3.5.1 All the Affordable Dwellings have been constructed in accordance with the Planning Permission and made ready for occupation and written notification of such has been received by the Council 4.3.5.2 The Parties have entered into a binding contract with a Registered Provider for the transfer of the freehold and / or the grant of a long lease of the Affordable Housing Land and Affordable Housing for a term of at least 125 years, on terms that accord with any relevant requirements set down by the Regulator current at the date of construction of the Affordable Dwellings, such contract to include the following terms: 1. That the transfer / lease of the Affordable Housing Land be free from encumbrances save any existing encumbrances and such rights reservations and covenants as are necessary to enable the Parties to develop the Land in accordance with the Planning Permission and shall grant to the Registered Provider such rights and covenants as are necessary to enable it to complete (and provide) the Affordable Housing 2. That the Parties shall not require the Registered Provider to meet any of the Parties’ legal or other conveyancing costs
Note 25
Local market rents are calculated under the Royal Institution of Chartered Surveyors (RICS) approved valuation methods. RICS has produced a guidance note which is intended to assist registered providers in complying with standards set by the Regulator of Social Housing when assessing the market rent to be incorporated into the calculation of an Affordable Rent. It is available at: http://www.rics.org/site/download_feed.aspx?fileID=11034&fileExtension=PDF Note 26 Applicants are advised to consider the Council’s guidance concerning the affordability of intermediate accommodation, as set out in paragraphs 3.35 and 3.40 of the Developer Contributions SPD. Note 27
It has been assumed that the Developer will build the affordable housing units and that the land and buildings are transferred for future management by a Registered Provider (effectively as a “design and build” contract). If the arrangements are to be different, for example, the developer is going to just transfer the serviced land to the RP (with the RP then being responsible for construction) then this clause would need to be written differently
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3. That the Registered Provider shall satisfy itself that a prospective occupier constitutes and Eligible Household as defined and that the Affordable Housing Units shall only be occupied by such households
4.4
4.3.5.3 The Affordable Housing has been transferred into the ownership of the Registered Provider The obligations and restrictions contained in paragraph 4.2 and 4.3 of Schedule 4 of this Agreement shall not be binding on: 4.4.1 any Protected Tenant or any Mortgagee of a Protected Tenant or any person deriving title from such persons. 4.4.2 any Mortgagee of a Registered Provider providing that such Mortgagee shall have first complied with the provisions of paragraph 4.5 below 4.4.3 any successor in title from a Mortgagee of an individual Affordable Dwelling. 4.4.4 any statutory undertakers or utility companies in relation to any part of the Affordable Housing Land required by them for electricity substations and / or for the supply of services
4.5
The Parties covenant as follows: 4.5.1 that any Mortgagee shall prior to seeking to dispose of any Affordable Dwelling pursuant to any default under the terms of its mortgage or charge shall give not less than six months’ prior notice to the Council of its intention to dispose and: 4.5.2 in the event that the Council responds within three months from receipt of the notice indicating that arrangements for the transfer of the Affordable Dwellings can be made in such a way as to safeguard them as Affordable Housing then the Mortgagee shall co-operate with such arrangements and use its reasonable endeavours to secure such transfer 4.5.3 if the Council does not serve its response to the notice served under paragraph 4.5.2 within the three months then the Mortgagee shall after expiry of the notice served under paragraph 4.5.1 be entitled to dispose free of the restrictions set out in this paragraph 4 of this Schedule 4 which shall from time of completion of the disposal cease to apply 4.5.4 if the Council or any other person cannot within four months of the date of service of its response under 4.5.2 secure such transfer then provided that the Mortgagee shall have complied with its obligations under paragraph 4.5.2 shall be entitled to dispose free of the restrictions set out in paragraph 3 of this Schedule 4 which shall from the time of completion of the disposal cease to apply
PROVIDED THAT all times the rights and obligations in clause 4.5 of Schedule 4 of this Agreement shall not require the Mortgagee to act contrary to its duties under the relevant charge or the mortgage or the Mortgage and that the Council must give full consideration to protecting the interest of the Mortgagee in respect of monies outstanding under the charge or mortgage]
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APPLICANT(S) Common seal of the company THE COMMON SEAL of …………………. ……………………………………………….. (name of company) was affixed to this Deed in the presence of: ......................................................... Director ………………………………………………… Director/ Secretary EXECUTED as a DEED by ……………….. ……………………………………………….. (name of company) acting by a Director and its Secretary or two Directors. ………………………………………………. Director ……………………………………………….. Director/Secretary SIGNED as a DEED and delivered
)
by …………………………………….(name)
)
in the presence of:
)
W
Signature: .……………………………….
I
Name.: ......………………………………..
T
Address: …….…………………………….
N
…….………………………………………..
E
…….………………………………….…….
………………………………………… Signature
S. S Occupation: …………………………….. SIGNED as a DEED and delivered ) by …………………………………… (name)
)
in the presence of:
)
W
Signature: ……………………………….
I
Name: ......………………………………..
T
Address: ………………………………….
N
……………………..………………………
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……………………..……………….……...
………………………………………… Signature
S S
Occupation: ……………………………..
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LANDOWNER(S) Common seal of the company THE COMMON SEAL of …………………. ……………………………………………….. (name of company) was affixed to this Deed in the presence of: ......................................................... Director ………………………………………………… Director/ Secretary EXECUTED as a DEED by ……………….. ……………………………………………….. (name of company) acting by a Director and its Secretary or two Directors. ………………………………………………. Director ……………………………………………….. Director/Secretary SIGNED as a DEED and delivered
)
by …………………………………….(name)
)
in the presence of:
)
W
Signature: .……………………………….
I
Name.: ......………………………………..
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Address: …….…………………………….
N
…….………………………………………..
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…….………………………………….…….
………………………………………… Signature
S. S Occupation: …………………………….. SIGNED as a DEED and delivered ) by …………………………………… (name)
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in the presence of:
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W
Signature: ……………………………….
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Name: ......………………………………..
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Address: ………………………………….
N
……………………..………………………
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……………………..……………….……...
………………………………………… Signature
S S
Occupation: ……………………………..
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CHARGE HOLDER(S) THE COMMON SEAL of …………………. ……………………………………………….. (name of company) was affixed to this Deed in the presence of: ......................................................... Director
Common seal of the company
………………………………………………… Director/ Secretary EXECUTED as a DEED by ……………….. ……………………………………………….. (name of company) acting by a Director and its Secretary or two Directors. ………………………………………………. Director ……………………………………………….. Director/Secretary SIGNED as a DEED and delivered
)
by …………………………………….(name)
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in the presence of:
)
W
Signature: .……………………………….
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Name.: ......………………………………..
T
Address: …….…………………………….
N
…….………………………………………..
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…….………………………………….…….
………………………………………… Signature
S. S Occupation: …………………………….. SIGNED as a DEED and delivered ) by …………………………………… (name)
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in the presence of:
)
W
Signature: ……………………………….
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Name: ......………………………………..
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Address: ………………………………….
N
……………………..………………………
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……………………..……………….……...
………………………………………… Signature
S S
Occupation: ……………………………..
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*** The Council strongly recommends that all parties take independent legal advice before entering into this Undertaking *** You must supply up to date Land Registry Official Copies in respect of all registered titles relating to this development. Where required, failure to submit a correctly completed a Unilateral Undertaking in sufficient time prior to determination of the planning application, will result in a refusal to grant planning permission.
Draft UU for SAMM and Affordable Housing v1.5
Contact Information
[email protected] www.elmbridge.gov.uk/planning
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