LBL: Resourcing Agreement

RESOURCING AGREEMENT

Between

INSERT DEVELOPER

and

London Borough of Lewisham

Site:

Date: xxxxxx

This agreement is made this [ ] day of [ ] 20[ ] between:

(1)London Borough of Lewisham, Town Hall, Catford, London, SE6 4RU (‘the Council’); and

(2)[ ] of [ address ] (‘the Applicant’)

  1. DEED OF AGREEMENT
  2. The Applicant intends to submit a planning application for development of the land at [INSERT] (‘Development Site’).
  3. The London Borough of Lewisham (‘the Council’) is the local planning authority for development within the area in which the Development Site is located.
  4. The Applicant has entered into a Planning Performance Agreement in respect of the Development Site dated [ ] (the ‘PPA’) a copy of which is attached to this Agreement.
  5. The proposed development involves many complex issues including urban design, housing, transport and accessibility, economic development, culture, social infrastructure, environmental considerations and phasing / infrastructure matters. Consideration of these issues within the timetable set out in the PPA will require an extensive commitment of resources from the Council.
  6. The Council proposes to make arrangements to establish staff for the duration of the application process including pre-application work, work done up to and including Planning Committee, completion of a legal agreement and determination of an application (as applicable). These arrangements are designed to ensure that the Council is able to meet the timeframes agreed in the PPA whilst carrying out the remainder of its statutory functions as a local planning authority.
  7. Given the complexity of the issues to be considered and the desire of the Applicant and the Council to meet the agreed timeframes set out in the PPA it is considered by both parties that a contribution by the Applicant towards the execution of the Council’s functions in the administration, consideration and determination stages of the planning application in addition to the relevant planning application fee, will be necessary.
  8. In consideration of the commitments made by the Council in this Agreement and in the PPA, the Applicant agrees to pay the Council the costs set out in Schedule 2, incurred in accordance with the work streams, service and resourcing arrangements set out in Schedule 1 to this Agreement and to assist the Council in providing the level of service required to meet its obligations under this Agreement and the PPA.
  9. The sums payable under the terms of this Agreement are exclusive of VAT.
  10. This Agreement is made pursuant to Section 111 of the Local Government Act 1972, Section 93 of the Local Government Act 2003 and Section 1 of the Localism Act 2011.
  11. Nothing in this Agreement shall be construed as restricting the exercise by the Council of any power or the performance of any duty as local planning authority or in any other capacity. It will not prejudice the outcome of the planning (and related) application(s) or the impartiality of the Council. All such rights powers obligations and duties shall in relation to Development Site be enforceable and exercisable by the Council as fully and freely as if this Agreement has not been entered into.
  12. The Applicant acknowledges that the Council has duties concerning its statutory planning functions as local planning authority for its jurisdiction and further acknowledges the importance of maintaining independence in the exercise of those functions and the public perception of their independence in the exercise of those functions.
  13. Save in respect of outstanding sums due to the Council, this Agreement shall be terminated at the point that all projected dates in the Project Programme identified in the Planning Performance Agreement have been achieved or as otherwise agreed between the Applicant and the Council.
  14. The parties to this Agreement acknowledge that in the event of disputes or differences arising with respect to this Agreement their intention is to resolve such disputes or differences through discussion or meetings as necessary, without recourse to formal dispute resolution or mediation.
  15. This Agreement does not create any right enforceable by any person not a party to it (whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.

SCHEDULE 1 - WORK STREAMS, SERVICE AND RESOURCING TO BE PROVIDED BY THE COUNCIL

A. Work Streams

The Council will carry out the following work in connection with the Applications:

  1. Pre-application work (including work done to date);
  2. Administrative and procedural functions arising from the Applications;
  3. All necessary and appropriate work in connection with the consideration and determination of the Applications;
  4. Work relating to Planning Committee or Delegated Report;
  5. All necessary and appropriate work in connection with any planning obligation;

B. Dedicated Officer

The developer has agreed to cover the following costs as part of the PPA.

i) £2,000 initial deposit (to include preparation of the agreements, up to 6 hours of officer time).

ii) And either of the following:

£2000 – 6 hours of officer time

£4,000 – 12 hours of officer time

£8,000 – 24 hours of officer time

Additional meetings/ officer time are charged at officer hourly rates.

N.B – 2 contributing officers at a 1 hour meeting will be charged at 2 hours.

The Council will provide one dedicated planning officer to process the application through to the determination of the planning application. The Applicant will meet the cost of this officer up to an average of [ INSERT TOTAL OR AVERAGE HOURS PER WEEK]

Should further unforeseen resources be required for this project the Applicant will meet the costs at the following rates:

(INSERT OFFICER RATES)

Presentation to the Lewisham Design Review Panel will be invoiced under separate cover.

C. Additional Resources

In addition to the dedicated officer, the Council will provide sufficient resources to provide advice in relation to a number of other specialist areas, the cost of which [up until submission of the application] will be paid by the Applicant. This includes the following:

Role / Estimate of
Hours / Cost per hour / Estimated Cost
Transport and Highways / £100
Environmental Health / £100
Refuse and Recycling / £100
Housing Regeneration / £100
Legal

D. External Consultancy (where relevant)

The Council will employ specialist consultants over and above the Council's resources, and the Applicant will meet the costs of the time to be spent by these consultants in assisting the Council in determination of the application. These consultants may include the following:

Consultant / Estimated Cost
Viability
Environmental Consultant
Legal Consultant
Planning Officer back-fill

Services will be charged on an hourly basis at rates to be agreed in writing with the applicant.

SUB-TOTAL ESTIMATE = £

SCHEDULE 2 - PAYMENTS

The Applicant agrees to pay the Council the amounts set out below, where incurred in accordance with Schedule One and those costs shall be the reasonable and proper costs and expenses incurred or committed by the Council in connection with the Planning Application by engaging contractors or allocating the time of employees of the Council or otherwise as is reasonably appropriate:

The Council will invoice the Applicant on a quarterly basis for the costs it has incurred in respect of the applications. Time records for dedicated officers and additional resources will be provided by the council.

Payment of the Council’s costs shall be made by the Applicant within 14 days of receipt of the invoice.

All sums payable pursuant to this agreement are exclusive of VAT.

IN WITNESS of which the parties have executed but not delivered this Agreement until the date first shown above.

London Borough of Lewisham
Name:
Signature:
Position:
On Behalf Of: / London Borough of Lewisham
Date:
[APPLICANT]
Name:
Signature:
Position:
On Behalf Of:
Date:

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