Precedent s 38 agreement
Precedent s 38 agreement

The following Planning precedent provides comprehensive and up to date legal information covering:

  • Precedent s 38 agreement

DATE [date]

Parties

  1. 1

    [insert name] of [insert address] (the ‘Council’)

  1. 2

    [insert name] of [insert address] [incorporated in England and Wales with company registration number [insert number]] (the ‘Developer’)

  1. 3

    [[insert name] of [insert address] [incorporated in England and Wales with company registration number [insert number]] (the ‘Mortgagee’)]

    1. 1

      Definitions

      1980 Act

      1. the Highways Act 1980;

      1990 Act

      1. the Town and Country Planning Act 1990;

      1991 Act

      1. the New Roads and Street Works Act 1991;

      [Bond

      1. a bond substantially in the form at Schedule 1 from a bank or other institution first approved in writing by the Council to secure the obligations to carry out and complete the Works;]

      [Charge

      1. the charge appearing at entry [insert entry number] on the charges register of title number [title number] at [insert date of official copy entries];]

      Commencement

      1. the earliest date upon which the Works are commenced and the term ‘Commence’ shall be construed accordingly;

      Completion Certificate

      1. the certificate issued by the Proper Officer under Clause [insert number];

      Development

      1. the development of the Land pursuant to the Permission;

      Drawing

      1. the drawing at Schedule 1 numbered [insert number] and signed by or on behalf of the parties to this Agreement and any amended such Drawing signed by or on behalf of the Proper Officer;

      Electrical Connection Certificate

      1. the schedule of test results and particulars of electrical installation confirming compliance with the Electricity at Work Regulations 1989;

      Expert

      1. an independent and fit person

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