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2020-09-08 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 SEPTEMBER 2020




                                                     Page 109 of 154

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    8 SEPTEMBER 2020

           6     RECONFIGURATION OF THE SUBJECT SITE
           6.1   Reconfiguring and compliance
                 ff 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 ff 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.

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                                                                                        Page 109 of 154
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