These notes are from the agreement made between Dorset Council, Melvyn Richard Sparks and Yvonne Sparks, Philip John Colfox, Hallam Land Management Limited, The Royal Bank of Scotland. They relate to Section 106 Agreement concerning the development of Land at Vearse Farm, planning application WD/D/17/000986. The notes outline the obligations and covenants set out in the Agreement. They have been prepared to facilitate the monitoring of phasing stages and trigger points relating to the development.
The definitions in the agreement do not oblige the Owners to construct Affordable Commercial Development facilities.
The Care Home MAY be provided.
The owners covenant not to commence the development unless and until a Commencement Notice has been served on the Council. (7.1)
The Owners will serve notice on the council when trigger points occur. (7.2)
Trigger points are: –
Commencement of development of each phase. (7.1)
Occupation of 1st Dwelling in any phase. (7.2.1)
Occupation of 150th, 200th, 250th, 300th, 400th, 500th, 700th Dwelling. (7.2.3)
Occupation of 75% of Open Market Dwellings. (7.2.4)
Occupation of 90% of Open Market Dwellings. (7.2.5)
Completion of each phase. (7.2.6)
All notices and written communication between Owners and Council shall be served by registered post or recorded delivery (7.4)
Any sum referred to in Schedule 3 shall be based on the Index from 3rd November 2017 to the date on which the sum is payable. (Between 2017 and 2023 Index rose from 160 to 220, my approximation)
Schedule 3, Owner’s covenants
- Not to Commence Development until a Notice of Commencement has been served on the Council. (1.1)
- No phase to be started until affordable housing scheme for that phase has written approval from Council. (2.2)
- Not to permit occupation of 75% of Open Market Dwellings in each phase until affordable units have been constructed and substantially completed and transferred to an Approved Provider within that Phase. (2.6)
- The Affordable Housing provisions are not binding on a mortgagee (2.11.1)
- If Self-Build plots are not sold within 2 years they may be disposed of as open market plots.
- Not to permit occupation of more than 150 homes until Allotment Plan has been approved by Council. (4.1)
- Not to permit occupation of more than 600 dwellings until Allotments are completed. (4.2)
- Allotments should be transferred to Council or its nominee once no more than 200 dwellings have been completed for £1. (4.5)
- Not to occupy more than 400 Dwellings until the Owners have notified the Council that Employment Land has been provided (5.1)
- The Owners shall market the Local Centre from the date of the first Occupation of the 150th Dwelling or completion of first Phase for a continuous period of four years. (6.1) If after four years there has been insufficient response restriction on providing Local Centre will cease to have effect. (6.2)
- The Owners shall submit the Comprehensive Sports Pitch Scheme no later than the submission of the First Reserved Matters Application and will shall not cause or permit Commencement of the Development until Comprehensive Sports Pitch Scheme has been approved in writing by the Council. (7.1)
- The Owners shall not occupy more than 400 Dwellings until Sports Pitches are completed (7.4)
- Play Areas to be approved by Council for the part of relevant Property no later than date of submission of the first Reserved Matters Application for that Phase. (8.1)
- Not to occupy more than 200 Dwellings until first LEAP Area is delivered {Local Equipped Area of Play} (8.7)
- Not to occupy more than 400 Dwellings until MUGA and LEAP are delivered (8.8)
- Not to occupy more than 500 Dwellings until second LEAP Area is delivered (8.9)
- The owners shall submit Open Space Phasing Plan no later than the date of the submission of the first Reserved Matters Application. (9.1)
- The Owners shall not cause or permit Commencement of Development until 9.1 has been approved by the Council (9.2)
- The Owners shall submit the Landscape Environment Management Plan no later than the date of the submission of thew first Reserved Matters Application and shall not commence Development until the Landscape Environment Management Plan is approved pursuant to Condition 7 of the Planning Permission. (11.1)
- The Owners will invite the Council to inspect and approve Hedgerow Plans. (12.1)
- The Owners will pay three Hedgerow Payments prior to the occupation of 250, 500, and 750 Dwellings respectively (12.2)
- The Owners will pay 50% of the Bridport Leisure Centre Payment before 300 Dwellings are occupied. The remainder before 500 Dwellings are occupied (13.1)
- The owners shall pay the Healthcare Provision Payment prior to the occupation of 250 Dwellings. (13.2)
- Section 14 on Continuation Link is complex and detailed (but not very relevant)
- The Owners shall transfer the School Site to the Council prior to the occupation of the 50th Dwelling. (15.3)
- The Owners shall not Commence Development until 5% of the Education Contribution is paid to Council. (16.1)
- Not to Occupy more than 25% of Dwellings until a further 20% of Education Contribution has been paid to Council. (16.2)
- Not to Occupy more than 50% of Dwellings until a further 35% of Education Contribution has been paid to Council (16.3)
- Not to Occupy more than 75% of Dwellings until all Education Contribution has been paid. (16.5)
- Not to permit the Occupation of any Dwelling until the Provisional completion of the Miles Cross Junction Works (17.2)
- Not to permit the Occupation of any Dwelling until Contribution for B3162 has been paid to Council. (17.4)
- Not to permit the occupation of 150 Dwellings until the provisional Completion of the New Footway/Cycle Access Traffic Calming Works. (17.5)
- Not to permit the occupation of more than 150 Dwellings until Provisional Completion of the Mini Roundabout Minor improvement Works. (17.6)
- Not to permit the occupation of any Dwelling until it has paid the Existing Public Footpath Improvements Contribution to the Council. (17.7)
- Not to Commence Development or carry out any land clearance on THE PROPERTY until it has paid 20% of the Biodiversity Compensation Payment to the Council. (18.1)
NOTE: THE PROPERTY is clearly defined as land previously belonging to Vearse Farm, i.e. the hedge that has already been removed
- Not to permit Occupation of more than 149 Dwellings until it has paid all of the Biodiversity compensation Payment to the Council. (18.2)
- Not to Occupy any Dwelling in a Phase until a Surface Water Drainage Scheme for that Phase has been Approved and implemented. (19.1/2)