Long form template Last updated 27 Jan 2012

. DATED 20[]

[]

and

[]

TO

THE LONDON BOROUGH OF HILLINGDON

______

PLANNING OBLIGATION BY UNILATERAL UNDERTAKING

PURSUANT TO SECTION 106

OF THE TOWN AND COUNTRY PLANNING ACT 1990 AND ASSOCIATED POWERS RELATING TO THE DEVELOPMENT OF LAND AT

[Site address]

[Planning application number]

[Planning appeal number]

______

Planning & Environment Team

Attn:[Fee earner name]

London Borough of Hillingdon

Civic Centre

High Street

Uxbridge

Middlesex

Ref: [Axxia code reference]

Tel: [Fee earner number]

THIS PLANNING OBLIGATION BY UNILATERAL UNDERTAKINGis dated day of 20[]

And is GIVEN BY:

(1)[Insert FREEHOLD OWNER name in bold](Company number [])a company incorporated in England and Wales whose registered office is situated at [Insert address of registered office]("theOwner"); and

(2)[Insert DEVELOPER name in bold](Company Number []) a company incorporated in England and Waleswhose registered office is situated at [Insert address of registered office] (“the Applicant”)

(3)[Insert MORTGAGEE name in bold](Company number [])whose registered office is situated at [Insert address of registered office]("theMortgagee")

(4)[Insert LESSEE name in bold](Company Name[]) a company incorporated in England and Wales whose registered office is situated at [Insert address of registered office](“the Lessee”)

NB:ADD ANY FURTHER PARTIES AS NECESSARY TO BIND ALL INTERESTS

TO:

(5)THE LONDON BOROUGH OF HILLINGDON oftheCivicCentre, HighStreet, Uxbridge, Middlesex, UB81UW ("theCouncil").

BACKGROUND

AThe Council is the local planning authority for the purposes of the Act in respect of the Land and by whom the obligations in this Undertakingare enforceable.

BThe [Owner/Applicant] has the freehold interest in the Landregistered under title number[s][] at Land Registry subject to a charge in favour of the Mortgagee.

CThe Mortgagee has an interest in the Land by way of a legal charge dated [insert date]between the Mortgagee and the Owner and is willing to be a party to this Undertaking.

DThe Lessee is registered at the Land Registry as the leasehold proprietor of the Land under title number[s][]and is willing to be a party to this Undertaking.

EOn [insert date]the [Owner/Applicant]submitted the Planning Application to the Council for permission to develop the Land for the purposes and in the manner described in the Planning Application.

FThe [Owner/Applicant] intends to develop the Land pursuant to the Planning Permission.

GThe Planning Application was refused by the [Central and South] [North][1] Planning Committee on [insert date] and the [Owner/Applicant] submitted an appeal on [insert date] which was registered by the Planning Inspectorate on [insert date] (appeal reference number []) (“the Appeal”).

HThe Planning Inspectorate has not yet determined the Appeal and the parties hereto enter into this Undertaking in the knowledge that the Planning Permission may not be granted for the Development.

THIS UNDERTAKINGWITNESSES AS FOLLOWS:

1.DEFINITIONS AND INTERPRETATION

1.1For the purposes of the recitals and this Undertaking, the following expressions shall have the following meaning:

“Act” / means the Town and Country Planning Act 1990;
“Affordable Housing” / means subsidised housing available through a Registered Social Landlord (or other social landlord as the Director of Planning and Community Services shall have approved in writing beforehand) to persons who cannot afford to rent or buy houses generally available on the open market;
“Affordable Housing Units” / means that part of the Development comprising [insert No.] residential units to be constructed on the Land being Habitable Rooms which shall include [insert No.] Social Rented Units (being [insert No.] one bedroom, [insert No.] two bedroom, [insert No.] three bedroom), and [insert No.] Shared Ownership Units being [insert No.] one bedroom, [insert No.] two bedroom, [insert No.] three bedroom within the buildings forming the Development;
“Air Quality Contribution” / means the air quality contribution referred to in Schedule [insert No.] as a contribution towards initiatives to improve air quality in the Authority’s Area including (but not limited to):
-Use of low emission fuel technology and other measures to reduce emissions;
-Tree and other planting;
-Restrictions on certain types of vehicles;
-Use of cleaner fuels on energy and heating;
-Use of combined heat and power and community heating systems;
-Environmental management systems and air quality strategy;
“Auditor” / means a suitably qualified and independent person nominated by the [Owner/Applicant] and approved in writing by the Council for the purpose of verifying the results of Monitoring;
“Authority’s Area” / means the administrative area of the Council;
“Car Ratio” / means the number of cars used or deemed to be used to transport Employees/Residents/Users between the Development and expressed as a percentage of the number of Employees/Residents/Users making such a journey;
“Commencement of Development” / means the date on which any material operation as defined in Section 56 of the Act forming part of the Development begins to be carried out other than (for the purposes of this Undertaking and for no other purpose) and “Commence” and “Commencement” shall be construed accordingly;
“Community Safety Contribution” / means the community safety contribution referred to in Schedule [insert no.] to be used towards safety schemes or measures;
“Construction Training Contribution” / means the sum of £[] ([sum in writing]) which shall be used by the Council towards construction training courses delivered by recognised providers and the provision of a construction work place co-ordinator within the Authority’s Area;
“the Contributions” / means the [list specific contributions as necessary];
“the Decision Date” / means the date of receipt by the Owner of the Planning Inspectorate’s decision notice of the grant of Planning Permission;
"Development" / means the development authorised by the Planning Permission;
“the Director of Planning, Environment, Education and Community Services” / means the Council’s Director of Planning, Environment, Education and Community Services or such person as the Council designates as undertaking this role;
“Director of Housing” / means the Council’s Director of Housing or such person as the Council designates as undertaking this role;
“Dwelling” / means a dwelling (including a house flat or maisonette) to be constructed pursuant to the Planning Permission;
“Education Contribution” / means the education contribution referred to in Schedule [insert no] towards the costs of providing education or educational improvements or facilities in the Authority’s Area including (but not limited to):
- New school facilities, including ancillary facilities;
-Improvements, adaptations or enhancements to existing school facilities in order to accommodate extra children; or
- Improvements and expansion of playground and external leisure spaces, including equipment and maintenance contributions;
“Employees/Residents/Users” / means a person making the journey from the Development;
“Excess” / means the number of cars represented by the difference between the Car Ratio and the target on the day when Monitoring discloses that the Car Ratio is greater than the target;
“Excess Period” / means the period between a day on which Monitoring discloses that the Car Ratio is greater than the target and either the next day on which Monitoring takes place or is deemed to take place or (if no further Monitoring takes place or is deemed to take place) the end of the Monitoring Period;
“Form PO1” / means the form in the substantial form set out atAppendix[insert no.];
“Green Travel Plan” / means a plan for the encouragement of means of travel other than the private car to and from the Development in the substantial form which is set out in Schedule [insert no.];
[or]
means the plan to be provided and adopted by the [Owner/Applicant] as approved in writing by the Council to encourage means of travelother than private cars and which is set out in Schedule [insert no.];
“Green Travel Plan Contribution” / means the sum of £[] ([sum in writing]) to be paid to theCouncil and used to, but not limited to, co-ordinate the Green Travel Plan;
“Green Travel Plan Co-ordinator” / means the person or persons to be appointed by the [Owner/Applicants] to act as co-ordinator of the Green Travel Plan;
“Green Travel Plan Monitoring Sum” / means the sum of £[] ([sum in writing]) to be paid to the Council and used towards monitoring the [Owners/Applicants] compliance with the Green Travel Plan;
“Habitable Rooms” / means all rooms normally used for sleeping in and kitchens which are over 13m2 provided that for the avoidance of doubt small kitchens halls bathrooms toilets landings and garages are excluded. For the avoidance of doubt [insert no.]% of the habitable rooms will be Affordable Housing Units of which [insert no.]% will comprise Social Rented Units and [insert no.]% will comprise Intermediate Housing Units;
“HCA” / means the Homes and Communities Agency or its successors in function;
“the Head of Planning and Enforcement” / means the Council’s Head of Planning and Enforcement or such person as the Council designates as undertaking such role;
“Health Facilities Contribution” / means the health facilities contribution referred to in Schedule [insert no.] towards the cost of providing health facilities in the Authority’s Area including (but not limited to):
-expansion of health premises to provide additional facilities and services to meet increased patient or user numbers;
-new health premises or services at local level; or
- any new facility required to compensate for loss of a health facility caused by the Development;
“Highway Agreement” / means one or more highway agreements to be entered into by the [Owner/Applicant] and the Council under Section 38 and/or Section 278 of the Highways Act 1980;
“Highway Works” / means the highway improvement works to be carried out by the [Owner/Applicant] to include (but not limited to) [insert description of works or reference to a Schedule];
“Hospitality Training Contribution” / means the hospitality training contribution referred to in Schedule [insert no.] to be used towards (but not limited to) the cost of assisting relevant hotel and leisure industry related training courses offered by recognized and accredited organizations such as Uxbridge College or other training providers within the Authority’s Area;
“Index” / meansthe Index of Retail Prices[2] (All Items) published by the Office for National Statistics and “Indexation” shall be construed accordingly;
“Inflation Factor” / means the RPIS Index[3] published for the month preceding the date of payment divided by the RPIS Index[4] published for the month of [month of this Undertaking] where the RPIS Index[5] means the Monthly Digest of Statistics published by her Majesty’s Stationary Office in the following proportions:
-transport equipment material and fuel- 35%
-transport and communications industry average earning index- 45%
-general index, retail price fuel and light- 20%;
“Interest” / means interest at 4% above the base lending rate of HSBC Bank PLC from time to time;
“Intermediate Rented Units” / means those units shown shaded [insert relevant colour] on Plan [insert no.] annexed to this Undertaking;
"Land" / means [site address description] which is in the freehold ownership of the Owner and is registered at the Land Registry under Title No[s][] and is shown for identification purposes edged in red on Plan[insert no.] annexed to this Undertaking;
“Landscape Works” / means the landscape works to be provided pursuant to the Landscape Works Specification;
“Landscape Works Specification” / means the specification for the provision and maintenance of the Landscape Works to be agreed in writing between the [Owner/Applicant] and the Council prior to Commencement of the Development;
“Landscaping Enhancement Area” / means the area of land outlined in [insert colour] on Plan[insert no.] annexed to this Undertaking;
“Landscaping Works Certificate” / means the certificate to be issued to the [Owner/Applicant] by the Council to confirm completion of the Landscape Works to the Council’s reasonable satisfaction;
“Library Contribution” / means the library contribution referred to in Schedule [insert no.] towards the provision of or improvement to library facilities and/or library books within the Authority’s Area;
“Market Housing Units” / means that part of the Development which is general market housing available on the open market and which is not Affordable Housing;
“Monitoring” / means a survey of Employees/Residents/Users using a questionnaire in a form supplied or approved by the Council with the object of ascertaining the modes of transport used by Employees/Residents/Users when travelling between home and the Development on a particular day (or any alternative method of achieving that object approved in writing by the Council from time to time);
“Monitoring Period” / means the period of 10 years beginning on the date of first Occupation;
“Monitoring Sum” / means the sum equivalent to 5 percent of the Contributions to be used by the Council at its discretion for its costs incurred in administering, monitoring, reviewing and implementing this Undertaking, and for the avoidance of doubt is £[] ([sum in writing]);
“Occupation” / means occupation of the Land for the purposes permitted by the Planning Permission [but not including occupation by personnel engaged in construction, fitting out or decoration or occupation for marketing or display or occupation in relation to security operations] and “Occupy” and “Occupied” shall be construed accordingly;
"Plan[insert no.]"[6] / means the plan marked Plan [insert no.] attached to this Undertaking;
"Planning Application" / means the application for planning permission for [describe development] under the Council's referencenumber [insert application number];
"Planning Permission" / means the planning permission and plans to be granted pursuant to the Planning Application;
“Protected Tenant” / means any tenant who:
i)exercised the right to acquire pursuant to the Housing Act 1996 or any other statutory provision for the time being in place (or any equivalent contractual right) in respect of a particular Affordable Housing Unit;
ii)has exercised any statutory right to buy (or any equivalent contractual right) in respect of a particular Affordable Housing Unit;
iii)has been granted a shared ownership lease by the Registered Social Landlord;
“Public Open Space” / means the land shown for identification purposes coloured [insert colour] on Plan[insert no.];
“Public Open Space Works” / means the provision of public open space works to be carried out in accordance with the Public Open Space Works Specification;
“Public Open Space Works Specification” / means the specification for the provisionof the Public Open Space Works to be agreed in writing between the [Owner/Applicants] and the Council prior to Commencement of the Development;
“Public Realm Contribution” / means the public realm contribution referred to in Schedule [insert no.] to be used towards (but not limited to) the provision of:
-CCTV;
-Provision of lighting;
-Rerouting or closure/gating of underused and potentially dangerous paths and links;
-Safety improvements to existing or proposed public transport interchanges, facilities and car parks where new developments may be located;
-Environmental projects that contribute towards safer town centres and other areas affected by a development;
-Enhanced night bus networks or specifically created services to provide alternative safe forms of travel to and from major new facilities and leisure uses within the Authority’s Area;
“Public Transport Infrastructure” / means the public transport infrastructure contribution referred to in Schedule [insert no.] to be used towards (but not limited to) the cost of the provision of:
-New facilities, such as bus shelters and bus stops;
-Improvements to a bus service which passes near the site (frequency and capacity);
-Some form of bus priority measures;
-Community transport provision;
-Dedicated bus service;
-Passenger information systems;
-Improvements to transport interchanges;
-Promotion of public transport;
-Provision of bus stands and driver facilities; or
-Provision or improvement of cycle ways and cycle parking facilities;
“Public Transport Infrastructure Contribution” / means the public transport infrastructurecontribution referred to in Schedule [insert no.]to be used towards, but not limited to, the cost of the provision of public transport infrastructure improvements and related initiatives in the Authority’s Area including but not limited to [insert list of types of works or reference to a Schedule];
“Registered Social Landlord” / means a registered social landlord as defined in Part 1 of the Housing Act 1996 who is registered with the Homes and Communities Agency pursuant to Section 3 of that Act and has not been removed from the register pursuant to Section 4 of that Act and who is approved by the Homes and Communities Agency (such approval not to be unreasonably withheld or delayed);
“Remedial Payment” / means a payment intended to be used by the Council for the purpose of achieving modal shift and calculated in respect of each Excess Period as the product of:
-the number of days in that period multiplied by;
- the Excess found at the start of that period multiplied by;
- £10.62 multiplied by;
- the Inflation Factor;
“Shared Ownership Units” / means those units as shown shaded [insert colour] on Plan [insert no.] annexed to this Undertaking;
"Section 106 Reference" / means the Planning Application reference [insert application no.];
“Social Rented Units” / means those units as shown shaded [insert colour] on Plan [insert no.] annexed to this Undertaking;
“Specified Date” / meansthe date upon which an obligation arising under this Undertaking is due to be performed;
“Training Initiatives Contribution” / means the training initiatives contribution referred to in Schedule [insert no.] to be used towards (but not limited to) the cost of assisting relevant industry related training courses offered by recognized and accredited organizations such as Uxbridge College or other training providers within the Authority’s Area;
“Travel Plan Co-ordinator” / means the person appointed by the [Owner/Applicant] who shall be responsible for securing the implementation of the Green Travel Plan and the day to day management of the steps identified in the Green Travel Plan;
“Undertaking” / means this Deed; and
“VAT” / means Value Added Tax.

NB: THE DEFINITIONS INCLUDED ABOVE SHOULD BE AMENDED FOR THE PARTICULAR CIRCUMSTANCES OF THE MATTER. ANY FURTHER DEFINITIONS SHOULD BE ADDED AS NECESSARY

1.2Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.