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THIS AGREEMENT is made the )3 dut of D€dGne€R Two thousand and

two BETWEEN BROADLAND DISTRICT COUNCIL of Thorpe Lodge Yarmouth

Road Thorpe St Andrew Norwich in the County of Norfolk (hereinafter called "The

Council") of the first part and Roy Richard Barber and Ottilie Magdelena Barber both

of Pinewood View The Street Brundall Norfolk NR13 SLZ(hereinafter called "The

Owners") of the second part

WHEREAS:-

(1) The obligations imposed by this Agreement are planning obligations for the

.(3)

(2)

(4)

purpose of section 106 of the Town & Country Planning Act 1990 (hereinafter

called "The 1990 Act") as amended by Section 12 of the planning and

Compensation Act 1991.

The Council is the Local Planning Authority by whom these obligations are

enforceable.

The owners are registered as Proprietors with absolute title of the land

(hereinafter called "the Land") shown for the purpose of identification only

edged red on the plan annexed hereto as the same is registered with Title

Number NK 218875 subject to the matters contained in the Charges Register

for that Title Number but otherwise free from encumbrances

The owners have applied to The council [nder reference number 20021195

for planning permission for development (hereinafter called "The

Development") to be carried out on the Land.

The Council has agreed in principle to grant full planning permission for The

Development in the form of the draft planning permission annexed hereto

subject to The owners entering into a planning obligation on the terms and

conditions hereinafter appearing.

(5)

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adlamdDistrict Councll

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Mr J .Green(01 603) 43054s(01603) 7oo33e

Mr A RawlingsTanglewoodRectory RoadWood NortonNorfolkNR2O 5BA

Date of Decision:Descr ipt ion:Location:Appl lcant:

Town & Gountry Planning Act 1990

The Council in pursuance of powers under thisdevelopment referred to above, in accordangp

Erection Of Splii Level Dwelling House (Revised Design)Land off, Long rneadow, BrundallMr & Mrs Barber

PLANNING PERMISSION for thebmitted plans and application forms,ff X"Ji Bff i'J'il3i: ilffi ::? J l' fi",l: " roF *' 1

i ,i:ilffi:?:l*ltm"ffi e begun before the expiration of five years

2. The development shall not be carried out otherwise than inaccordance with the followi

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Site plan and section, drawing number 140102 recoived 7 August 20A2',Dwel l ingde ia i |s ,d rawingnumber140 l01RovB, rece ived,13September2002

Prior to the commencemeni of development, details of all exiernal materials to beused in the development shall be submltted to and approved by the Local PlanningAuthority, The development shall then be constructed in accordance with theapproved dotails,

Pr ior to developmeni commoncing detai ls of the s lab level of the dwel l ing and f in ishedlevels in relation to existing lovels shall be submitted to the Local Planning Authoriiyfor approval and shall be carried out as approved.

Notwithstanding the provisions of tho Town and Country Planning (Goneral PennittedDevelopment) Order 1095 or any Order rovoking and ro-onacting that Order with orwithout modification, no alterations or extensions shall be made to the dwell ing or anybuildings, walls, fences or other structures erected within the site curti lage outside ofthe development boundary as indicated on lnset Map B (A) of the Broadland DistrictLocal Plan, without the prior written approval of the Lpcal Planning Authority.

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adlamd Appl lcat lon Number:: 20021195

District CouncllPrior to the commoncement of any development a scheme for the provision andimplementation of foul water drainage shall be submitted and agreed in writ ing withthe Local Planning Authority, The works/scheme as approved shall be carried out andavailable for use prior to the first occupation of the dwell ing.

No development shall take place unti l there has been submitted to and approved bythe Local Planning Authority a scheme of landscaping which shall include indicationsof all existing trees and hedgorows on the land and detalis of any to bo retainedtogether with. measures for their protoction in the course of development ;andarrangemsnts to be made for the permanent maintenance of the landscaped areas;details of surfacing of the driveway leading from the public highway and boundarytreatments.

The landscaping schdme including surfacing and boundary treatments as submitiedand approved shali be carried out prior to the dwell ing hereby approved being broughtinto use unless othenvise specifiod in writing by the Local Ptapning Authority, ,

a

d .

Any tree or shrub which dies within fiveposition on the approved landscapingihe Local Planning Authority,

a. Details of the contractors of materlals during the consiruction ofthe dwell ing;

b , Protection of the ex fdaturos within the site in accordance with,therequirements specifi Policy Note No. 3;Measures to be taken d nstruction of the single storey studio building tominimise any impacVdamag nearby Yew Tree,

11' Prior to the cornmencement of the devoloprnent on site, dotails of the proposed line ofservice trenches to the dwelling shall bs submitted for approval to the Local planningAuthority and shall be carriod out as approved,

The reasons for the conditions are:-

1. In accordance with Section 91 of the Town & Country Planning Act 1g90,

2. For the avoidance of doubt and to ensufe the permission relates to the application, asamended.

3. To ensuro the satisfactory appearance of the dwell ing in accordance with Policy GS3of the Broadland District Local plan.

4, To ensure the satisfactory dovelopment of the siie in accordance with policy GS3 ofthe Broadland District Local pran

\1, ':S*be first tree or shrub shown in,thatr's@fueteplaceci to the satisfaciion of-

10. No works shall commenee on site un!i/Q1, timpas a Method of Works Statementhas been submittod with respect to t{fo/Qg}'and agreed wiih ihe Local planningAuthority and the works shail be cgrpd'orfagfYgreed: : -

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ad3amd 'App l i ca t lon Number :2002 1 1 95

5' ln accordance with Arlicle 4 (1) of the Town & Country Planning (General PermitiedDevelopment) Order 1995, the condition is imposed io enable the Locat PlanningAuthority io retain control over the sit ing and oxtornal appearance of the buildingsranlmeans of access in the interests of amenity and road safety, in accordance with-policyGS3 of the Broadland District Local ptan.

I5' To prevent pollution of the watei environment in accordance with Policy GS3 of tho

Broadland District Local plan, I

District Councll

'7 Iln tho interests of visual amenity, to enhance the amenity of the locality arrd controldriveway materials in relation to existing landscape feitures, in accordan." ,*itnPolicies GS3 and NV4 of the Broadtand District Local plan.

iTo ensure the proper development of the site without prejudice to ihe amenities of thearea, in accordance with Policy GS3 of the Broadland bisirict Local plan. I

To ensure ths satisfactory developmentthe Broadland District Local plan

6 .

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in accordance with Policv GS3 of

To ensure thai trees, shrubs and other nat[ra- to be retained are adoquJtolyprotected from damage to health and sl#dN tnrd out the construction poriod initheinterest of amenity in accordance w GS3 and ENVS of the Broadl'andDistrict Local Plan,

1 1 To onsure that trees, shrprotected frorn darnage

Policies GS3 and ENV3 of the Broadtand

fural features to be retained are adequatelvlity throughout the construction period initir6

interest of amenity iDistrict Local Plan.' /

_ _ = = - = = = = = =

,1' lf this development involves any works of a building or englneering nature, please notethat before any such works. are commenced itl is tho applicr"nt'. ,urptn*iniiity ioensure that, in .addition to planning permission, any necessary consent under itheBuilding Regulations is also obtained.' Advice on this poini can be obtained from itheBuilding Control Section of tho Planning and Community services oirectoirt" i

2 ' Whilst the si t ing of the dwell ing l ies outside the development boundary of Brirndal l andis contrary to the Broadiand District Local Plan, the Local Pianning Authority considersthat given the site history, sustainablo design principles and the Jpportunity io gqrr.a management agreement in respect of the woodland that

't i-rese r.pruseni asignificant material consideration, and it is considered that perrnission should i be

issued subject to a legal agieement. ' ' -.

I3. fh* applicanVagent/developers attontion is drawn to the comments of the

Environnrent Agency, a copy of which is attached. '

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Kfuoadland<@Dlstrlct Council

Signed

4Mr M DerbyehireHead of Pl innlngThorpe Lodge, 1 Yarmouth Road, Thorpe St Andrew, Norwich, NR7 ODU

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(6) The Council has agreed to enter into this agreement in manner hereinafter

appearing

NOW THIS DEED WITNESSES as follows:-

1. SUBJECT to planning permission being granted in consequence of application

number 20021195 in the terms of the annexed draft planning permission

(hereinafter such permission is called "the Permission") and pursuant to the

said Section 106 as amended the owners hereby AGREE DECLARE AND

COVENANT for themselves and their successors in title with The Council

with the intention of binding the Land and each and every part of it into

whosoever's hands the same mav come as follows

(A)Within two months of the date hereof the Owners will appoint an

arboricultural consultant who shall be approved in writing by the Strategic

Director (Community Services) (hereinafter called "the Director").

(B) Within six months of the date thereof the Owners shall ensure that the

arboricultural consultant has submitted to the council for approval a

woodland management scheme (hereinafter called "the Scheme") which shall

cover the following matters:-

(i) To identify and make safe any hazardous trees

(ii) To dispose of all dead and or dying timber either by removal or by

chipping using an appropriate chipping machine on site exercising due

care and to prevent damage to the remaining woodland

(iii)The implementation of a planting scheme (to include replacements for any

tretx lost or removed as a result of (i) and (ii) above

And upon approval the Scheme shall be deemed to be incorporated into the

terms of this agreement.

(C) Following the approval of the Scheme the owners will as often as may be

necessary appoint an arboricultural consultant who shall be approved in

writing by the Director to

(a) prepare ongoing management plans at the expiry of the previous

management plan to ensure the proper distribution of species and age mix to

take into account :-

(l) natural regeneration

(i1) removal of over mature/dying trees

(iii) replanting

(iv) to undertake maintenance inspections as recommended

(b) to undertake the maintenance inspections identified in Sub clause (a) (iv)

of this clause and to identify all works that arc necessary to ensure that the

Scheme is implemented successfully and to prepare a timetable for their

implementation.

2. This agreement is a local land charge and shall be registered as such.

3. The Contracts (Rights of Third Parties ) Act 1999 shall not apply to this

Agreement and no person who is not a party to this Agreement (other than a

successor in title to one of the original parties) shall be entitied in that person's

own right to enforce any provisions of this Agreement pursuant to the provisions

of the said Act.

4. This document is executed as a Deed and is delivered on the date stated at the

beginning of this document

IN WITNESS whereof The Council and the Owners have executed this deed the dayand year first before written

THE COMMON SEAL of

BROADLAND DISTRICT COTINCIL

was hereunto affixed in the presence of:

HEAD 0F coRpOn,qTFG;iSERVICE$& M0N|T0iiif{e ornbrn

Signed as a Deed by

ROY zuCHARD BARBER

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aL,r' lo4S€ e@s€Oou,vPft<-t

Signed a, u Oe.A Uy

orrLrE MAGpELENA BARBEBT} Iil; , <^rb=)

rn rhe presence of Liru{tt -(-{JLll t )

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