2021-02-09 Planning and Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   9 FEBRUARY 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               9 FEBRUARY 2021

   6     RECONFIGURATION OF THE SUBJECT SITE

   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)  A party 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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