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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
Â
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 | Â |
| 5. | THE COUNCIL'S OBLIGATIONS | 8 | Â |
| 6. | OBLIGATIONS AFTER DISPOSAL OF WHOLE OR PART | 9 | Â |
| 7. | REASONABLENESS | 9 | Â |
| 8. | ARBITRATION | 9 | Â |
| 9. | NOTICES | 10 | Â |
| 10. | VAT | 11 | Â |
| 11. | GENERAL | 11 | Â |
| 12. | LOCAL CHARGES AND COUNCIL FUNCTIONS | 12 | Â |
| 13. | THIRD PARTY RIGHTS | 12 | Â |
| Â |
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 |
| Â | |
| Schedule 8: | The Stadium Specification |
| Schedule 9: | Draft Green Transport Plan |
| Schedule 10: | The Woad Lane Link Specification |
| Schedule 11: | Bonds |
| Â |
| 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. |
| Â |
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