The Owner is the freehold owner of the Land which is registered with the Land Registry under title number BM [Land Registry Number] subject to the matters recited in the Property Proprietorship and Charges Register and subject to a legal charge in favour of the Mortgagee dated [insert date of charge] . The Developer has the benefit of a contractual right to acquire the Owner’s interest in the Land pursuant to an agreement dated [insert date] made between the Owner and the Developer which is registered as a Unilateral Notice on the Charges Register. The Mortgagee has the benefit of a legal charge over the Land. On [insert date] the Owner [insert the details of any additional parties] and the Council entered into the Section 106 Agreement in connection with application reference [insert planning reference]. Subsequent to the completion of that Agreement, the Council issued the First Planning Permission. The Owner [or the Lessee/Developer] has applied to the Council to vary the Section 106 Agreement and this application has been allocated reference [insert planning reference]. That variation would [insert details]. The HSD has delegated authority to determine the Application subject to the prior completion of a Deed or The Council resolved at its Planning Committee on [insert date] to approve the Application subject to the prior completion of this Deed. The Council considers that the matters contained in this Deed are: (a) necessary to make the Development acceptable; (b) directly related to the Development; and,
The Owner is the freehold owner of the Land which is registered with the Land Registry under title number BM [Land Registry Number] subject to the matters recited in the Property Proprietorship and Charges Register and subject to a legal charge in favour of the Mortgagee dated [insert date of charge] . The Developer has the benefit of a contractual right to acquire the Owner’s interest in the Land pursuant to an agreement dated [insert date] made between the Owner and the Developer which is registered as a Unilateral Notice on the Charges Register. The Mortgagee has the benefit of a legal charge over the Land. On [insert date] the Owner [insert the details of any additional parties] and the Council entered into the Section 106 Agreement in connection with application reference [insert planning reference]. Subsequent to the completion of that Agreement, the Council issued the First Planning Permission. The Owner [or the Lessee/Developer] has applied to the Council to vary the Section 106 Agreement and this application has been allocated reference [insert planning reference]. That variation would [insert details]. The HSD has delegated authority to determine the Application subject to the prior completion of a Deed or The Council resolved at its Planning Committee on [insert date] to approve the Application subject to the prior completion of this Deed. The Council considers that the matters contained in this Deed are: (a) necessary to make the Development acceptable; (b) directly related to the Development; and,
Model_Deed_of_Variation_s106a_Applications.docx