SOLENT RECREATION MITIGATION PARTNERSHIP UNILATERAL UNDERTAKING
THIS DEED and UNDERTAKING is made the 		      day of 	      
Two thousand and                                      BY 
…………………………………………………………………………..
[and……………………………………………………………………] [both] of
…………………………………………………………………………(hereinafter [ together] called "the Owner") 
[ AND BY …………………………………………….. ………………………………………
whose registered office is situate at 
 ………………………………………………………………………………………………                                                          
(hereinafter called “the Mortgagee”)] and is given to WINCHESTER CITY COUNCIL of City Offices Colebrook Street Winchester (hereinafter called "the Council") 
WHEREAS
(1)	The Owner is [registered as proprietor with freehold title absolute at the Land Registry under Title Number                        ] [seised of an estate in fee simple in possession] of land at …………………………………………………………………………………………….. Hampshire which is shown on the plan annexed hereto and thereon edged in red (hereinafter called "the Land") 
(2)	The Council is the Local Planning Authority for the purpose of the Town and Country Planning Act 1990 ("the Act") for the area within which the Land is situate
(3)	Application has been made to the Council under planning reference W…………
 ………………………for planning permission for ……………………………………… ……………………………………………………………………………………on the Land (hereinafter called "the Development") [and has appealed to the Secretary of State against the refusal of planning permission by the Council].
(4)	The Land lies within the Winchester District Solent Recreation Mitigation Partnership area and under the Conservation of Habitats and Species Regulations 2010 (‘the Regulations’) all new dwellings built therein must make appropriate provision to mitigate the impact of the Development on the Solent Special Protection Areas.
(5)	The amount payable by owners is set out in the Interim Solent Recreation Mitigation Partnership Strategy Guidance (hereinafter called "the Guidance") or any amendment revision or replacement thereof
(7)	This Deed is a Planning Obligation made pursuant to Section 106 of the Act (as amended by Section 12 of the Planning and Compensation Act 1991) and all other powers enabling the parties hereto	
[(8)	The Mortgagee is the mortgagee of the Land under a Legal Charge/Mortgage dated the……..day of……………………………………[and has consented to the Owner entering into the obligations contained herein]
NOW THIS DEED WITNESSETH as follows:
1.	THE COVENANTS or obligations made by the Owner hereinafter contained are made with the intent that the covenants shall in respect of the Land be binding on the Land and be binding on and enforceable by the Council against the Owner and successors in title to the Owner and are covenants or obligations to which Section 106 of the Act apply
2.	THE SAID covenants or obligations (with the exception of clause 11, which shall take effect on the date hereof) shall come into force upon the issue of planning permission for the Development
3.	NO PERSON shall be liable for breach of a covenant contained in this Deed after he shall have parted with all interest in the Land or the part in respect of which such breach occurs but without prejudice to liability for any subsisting breach of covenant prior to parting with such interest
4.	THE OWNER hereby covenants with the Council to pay to the Council before any work on the Development begins the amount set out in Clause 5 being the amount of the Owner’s contribution to the cost of providing appropriate mitigation for the impact of the Development on the Solent Special Protection Areas under the Habitat Regulations as described in the Recitals (hereinafter called "the Sum") together with interest (if any) which may become payable in accordance with Clause 9 hereof
5.	THE SUM payable shall be as follows:
(a)	on or before the 31st March following the date of this deed the Sum calculated in accordance with the contribution requirements set in The Guidance [being the total sum of £……………………… ]
(b)	the Sum calculated in (a) above shall be adjusted for inflation on the 1st April following the date of this deed and on each succeeding 1st April until payment of the Sum becomes due and the adjustments shall be calculated as provided in Clause 6(a) – (c) below
6(a)	On each 1st April the Sum shall be increased by the annual percentage change in the Retail Prices Index (all items) published in respect of the December prior to the 1st April in question
6(b)	The annual percentage increase shall be applied to the Sum as previously adjusted at any preceding 1st April
6(c)	In the event of the Retail Prices Index ceasing to be published in its existing form any relevant new official index shall be used in substitution therefore regard being had to any official reconciliation between the two indices.
7.	THE SUM shall be paid to the Council on the understanding that the Council shall pay the Sum when received into a Reserve Fund which shall be used exclusively to implement the proposals set out in the Guidance or any amendment or revision thereof
8.	THE OWNER hereby covenants not to commence the Development before paying the Sum to the Council AND IT IS HEREBY AGREED that on the commencement of the Development the Sum shall be payable forthwith
9.	If the Sum shall be unpaid after the same has become due the Owner shall pay interest at the rate of 4% above the base lending rate of the National Westminster Bank plc from time to time in force on the Sum in respect of the period from the date when the Sum became due until final payment thereof
10.	The Owner acknowledges that this Deed is a local land charge and may be registered as such 
11.	The	Owner agrees to pay to the Council prior to the completion of this Deed a contribution of £230.00 (or such higher figure as the Council may reasonably specify) towards the Council’s costs in connection with the preparation of this Deed and checking the Owner’s Title to the Land 
12.	[The Mortgagee hereby consents to the Owner entering into the obligations contained herein] 		
IN WITNESS whereof the parties hereto have executed this Deed the day and year first before written

SIGNED as a DEED by the said	) 
                                                          )  ______________________________
…………………………………..	)
in the presence of:

………………………………….	______________________________

………………………………….

………………………………….

………………………………….

SIGNED as a DEED by the said	) 
                                                          )  ______________________________
…………………………………..	)
in the presence of:

………………………………….	______________________________

………………………………….

………………………………….

………………………………….

[THE COMMON SEAL of……………. )
………………………………………….)
was hereunto affixed in the presence)
of:  ]

DATED                                             20   

UNILATERAL UNDERTAKING GIVEN TO

WINCHESTER CITY COUNCIL

BY

………………………………………………………..

……………………………………………………….

……………………………………………………….

DEED

S.106 Town and Country Planning Act 1990
concerning land at

 ……………………………………………………….
                                       
 Hampshire

Solent Recreation Mitigation Partnership Contribution

H Bone
Head of Legal and Democratic Services
Winchester City Council
City Offices
Colebrook Street
Winchester