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The 106 Agreement

By: Bill Osborne
Date: 17/01/2003

THIS agreement contains the conditions the N.E Lincs Council are imposing on the developer and the club in return for planning permission. This is Page 1.


GRIMSBY TOWN FOOTBALL CLUB PLC

CHILTERN INVESTMENT PROPERTIES LTD

SIR RICHARD SUTTON'S SETTLED ESTATES

NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL

 

DEED OF AGREEMENT
PURSUANT TO
SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990

Notes: Schedule 6: NELC to provide draft planning permission

Schedule 10: Specification to be finalised

CONTENTS

1. DEFINITIONS 2
2 STATUTORY AUTHORITIES 7
3. CONDITIONALITY 8
4. PLANNING OBLIGATIONS 8  
5. THE COUNCIL'S OBLIGATIONS 8  
6. OBLIGATIONS AFTER DISPOSAL OF WHOLE OR PART 9  
7. REASONABLENESS 9  
8. ARBITRATION 9  
9. NOTICES 10  
10. VAT 11  
11. GENERAL 11  
12. LOCAL CHARGES AND COUNCIL FUNCTIONS 12  
13. THIRD PARTY RIGHTS 12  
 
Plan 1: The Site Layout Plan


Plan 2: The Blundell Park Site


Plan 3: The off-site parking study area, pedestrian movement monitoring area,
Woad Lane Link, post-match litter scheme area and WWW Bus Service area

Schedule 1: Planning Obligations

Schedule 2: Council's Obligations
Schedule 3: The Off Site Parking Controls
Schedule 4: The Park and Ride Bus Service
Schedule 5: The Park and Ride Infrastructure Lease Heads of Terms
Schedule 6: The Planning Permission
Schedule 7: The Shuttle Bus Service
 
Schedule 8: The Stadium Specification
Schedule 9: Draft Green Transport Plan
Schedule 10: The Woad Lane Link Specification
Schedule 11: Bonds
 
THIS DEED is BETWEEN:

GRIMSBY TOWN FOOTBALL CLUB PLC (the "Club) of Blundell Park, Cleethorpes,
North East Lincolnshire, DN35 7PY
CHILTERN INVESTMENT PROPERTIES LTD (the "Developer) whose registered office
is at 2b Lower Dagnall Street, St Albans, Hertfordshire AL3 4PA
SIR RICHARD SUTTON'S SETTLED ESTATES (the "Estate) whose registered office
is at 14 Bolton Street, Piccadilly, and London, W1J 8BF
NORTH EAST LINCOLNSHIRE BOROUGH COUNCIL (the "Council) of Municipal Offices,
Town Hall Square, Grimsby, North East Lincolnshire, DN31 1HU

WHEREAS

The Council is the Local Planning Authority for the purposes of Section 106 of the Act for the area within which the Site and the Blundell Park Site are situated and the local highway authority for the purposes of section 38(3) of the Highways Act 1980 for the area in which the Woad Lane Link will be provided.
The Estate is registered as the freehold owner of the Site with title absolute at HM Land Registry under title number HS267908.
The Club is the freehold owner of the Blundell Park Site
The Developer has an interest in the Site
The Club and the Developer submitted the Planning Application and the Council is minded to grant the Planning Permission subject to the completion of this Deed.
The Parties have agreed that the provisions herein contained should have effect in order to secure the proper planning and enhanced quality of the Development
The Parties have agreed that the Blundell Park Site should not be redeveloped until the Stadium is available for use.
The Club, the Developer, the Estate and the Council are authorised to enter into this Deed on the terms and conditions set out below.
 


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