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2021-08-10 Planning & Environment Committee Meeting Agenda
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
Page 42 of 165
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 10 AUGUST 2021
6.1 Reconfiguring and compliance
if the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have been satisfied, then this Deed no longer remains
attached to the reconfigured lots and the owner's successors in title are not bound
by this deed.
6.2 Reconfiguring and non-compliance
If the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have not been satisfied, this Deed remains attached
to the reconfigured lots and the owner's successors in title remain bound by this
deed.
7 SERVICE
7.1. Service by prepaid post
A Notice is sufficiently made, given or served by a party if left at or forwarded by
prepaid post in an envelope addressed to the other party or any of them (where
there are more persons than one person comprising the other party) at the address
of that party specified in Schedule 1.
7.2 Deemed service
A Notice if sent by prepaid post is deemed to have been made, given or served at
the time when in the due course of the post it would be delivered at the address to
which it is directed whether or not it is actually received.
7.3 Proof of service
In proving service of a Notice made, given or served by the Council it is only
necessary for the Council to certify to that effect under the hand of the Chief
Executive Officer.
7.4 Form of Notice
(a) A Notice given by a party must be in writing and signed by the party.
(b) A Notice given by a party may be signed by an officer of that party or the
solicitor for that party.
(c) Aparty receiving a Notice is not obliged to enquire as to the authority of the
person signing the Notice.
8 MISCELLANEOUS
8.1 Payment of costs
The applicant shall pay the Council's legal costs of and incidental to the
preparation and execution of this Deed on a solicitor own client basis.
8.2 Time
Time is, in all cases, of the essence.
8.3 Place for payment of monies
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