Agenda item

Mixed use development comprising a new 5 hectare park, 211 residential units, an area of live/work units and/or other uses within Use

Classes A1, A2, A3 (Outline Aapplication)

Recommendation : Approval of Variation of Heads of Term

The recommendation contained in the report was moved, seconded and on being put to the vote was agreed.

Resolved

a) That the definition of “Green Belt Certificate” in the Main Agreement

shall be amended to read:-

“ means the first certificate or certificates issued by the Council (upon request) to the First Owner upon which any phase of the Green Belt Works being Substantially Completed”.

b) That the definition of “Green Belt Final Certificate” in the Main

Agreement shall be amended to read:-

“means the certificate or certificates issued at the expiry of the period of 12 months form the issue of the relevant Green Belt Certificate subject to the terms set out in paragraph 2.12 of Schedule 7”.

c) That Schedule 5 to the Main Agreement shall be varied as follows: -

(i) Paragraph 1 and 2 shall be deleted and the following inserted: -

“1. To enter into an agreement with the Council under section 278 of the Highways Act 1980 substantially in the form set out in Appendix 4 hereof (subject to any amendments agreed by the First Owner and the Council) for the purpose of securing the Signal Controlled Junction Works

2. To carry out the Signalled Controlled Junction Works at its own expense in accordance with the agreement under section 278 of the Highways Act 1980 (referred to in paragraph 1 above) and to complete the Signal Controlled Junction works within nine months of the First Owner entering into such agreement with the Council”.

(ii) Paragraph 3 shall be deleted.

d) That Schedule 7 to the Main Agreement be varied as follows: -

(i) Paragraph 2.5 shall be deleted and the following inserted:-

“2.5.1 Subject to obtaining the necessary consents and approvals for the Footbridge Works referred to in paragraph 2.1 (a) of this Schedule the first Owner shall carry out the Footbridge Works at its own expense and complete the Footbridge Works Prior to the Occupation of any part of the Development PROVIDED THAT:-

(a) the first Owner shall be entitled to a reasonable extension of time for the construction of the Footbridge Works if despite the use of all reasonable endeavours the necessary consents have not been obtained within 6 months of a request by the First Owner to the Environment Agency for such consents (unless such delay is caused by the act or omission of the First Owner) PROVIDED THAT the First Owner shall furnish the Council with evidence to obtain the Environment Agency’s consent

(b) if the necessary consents have not been obtained within five years of Implementation of the Planning Permission the obligations in relation to the consents for construction of the Footbridge Works shall lapse PROVIDED THAT the First Owner can demonstrate to the Council that it has used its reasonable endeavours to obtain the necessary consents as referred to in paragraph

2.1(a) of this Schedule 2.5.2 Subject to obtaining the necessary consents and approvals for the Green Belt Works referred to in paragraph 2.1(b) of this Schedule the First Owner shall carry out the Green Belt Works at its own expense in accordance with the details and specifications set out in the Green Belt Scheme and shall complete the Green Belt Works as follows:-

(a) as to the Green Belt Works to be carried out on the Green Belt Land other than (i) the area shown shaded yellow and (ii) or within the area shown by a red dashed line on drawing number 1S0-414-/KNOT annexed by 31 January 2013.

(b) Subject to the provisions of paragraph 2.5(a) Occupation of any part of the Development shall not take place until such time as the Engineer has issued the Green Belt certificate, (ii) The following shall be added to paragraph 3.3(d)

“(v) If reasonable necessary in order for the First Owner to comply with its obligations in this Schedule 7 the transfer shall reserve to the First Owner reasonable rights of access to and from such part or parts of the Green Belt Land retained by the First Owner or such part or parts of the Green Belt Land transferred to the Council”

e) Paragraph 2 of Schedule 9 of the Main Agreement shall be varied to read as follows:

SCHEDULE 9

HEALTH CONTRIBUTION

2. The Council covenants with the Owner to use the Health Care

Contribution towards the provision of new health care facilities within a radius of 2km of the Development.

f) Paragraph 3 of Schedule 11 of the Main

3. The First Owner covenants with the Council (unless otherwise agreed in writing by the Council) as follows:

(a) to complete the transfer or lease within six months of the date of delivery of the executed transfer documents or lease in

accordance with paragraph 1 above; and

(b) if the transfer or lease (as the case may be) is not completed in

accordance with the obligations contained in paragraph 3(a)

above not to complete the transfer or lease unless the First Owner

agrees otherwise SAVE where the failure to complete the transfer

or lease in accordance with paragraph 3(a) above is caused or

contributed to by the First Owner’s breach of the provisions of

this Schedule.

4. The Second Owner covenants with the Council to use the land

transferred to it pursuant to the transfer referred to in paragraph

1(a) above or the building leased to it pursuant to the lease

referred to in paragraph 1(b) above only for the purposes of a

community hall or other community purposes.

g) That if the Deed of Variation is not finalised within a period of 6 months from the date of this committee resolution, then the application may be referred back to the Committee for determination.

h) That the application be approved subject to the conditions and

informatives agreed by the Uxbridge Planning Committee on 23 April

2004 (detailed in the Committee report and minutes) be attached