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Offers which are suspensive upon the grant of outline/detailed
planning permission will not be acceptable unless the prospective
purchasers are bound to apply for the planning consent within
two weeks from the date of conclusion of the missives and
to use all reasonable endeavours and due diligence to obtain
planning consent with the minimum of delay. If any such planning
consent is not granted within six months from the date of
submission of the planning application then the vendor shall
be entitled to resile. Any planning appeal will be at the
discretion of the vendor and will only be approved subject
to index linking of the price.The vendor shall have the right
to approve any prospective purchasers’ planning application
and any Section 75 Agreement or other planning agreement which
shall require to be on terms acceptable to the vendor. |
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In the event of any requirement on the part of the Local
Authority to provide affordable housing which requires to
be satisfied the vendor reserves the right to make provision
for this elsewhere outwith the boundaries of the site.The
vendor will expect to be a party to any negotiations with
the Local Authority with regard to any affordable housing
requirement or any planning gain contribution. |
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The minerals will only be conveyed in so far as the vendor
has right thereto. |
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The subjects will be sold under burden of any servitude
and rights of wayleave, sewers, drains, pipes, cables, telegraph
and telephone poles, wires and stays that may be held in,
through or across the subjects. Prospective purchasers shall
require to satisfy themselves as to the existence of any such
sewers, drains, pipes, cables, telegraph and telephone poles
or wires and other service media and associated rights of
access. |
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The vendor will require to reserve all necessary servitude
rights to connect into and use any services installed as part
of the purchaser’s development of the subjects and to
use and extend at agreed locations any internal access roads
and footpaths required to provide any access necessary to
service the future development of adjacent land owned by the
vendor. Any development layout should provide for this. |
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The vendor will require a title condition to be incorporated
in any disposition to be granted in favour of the successful
purchaser restricting the use of the subjects for the purposes
of a residential development. |
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The vendor will require a title condition to be imposed
in any disposition to be granted in favour of the successful
purchaser requiring the erection and subsequent maintenance,
repair and renewal of boundary structures on the boundaries
of the subjects to be carried out at the expense of the purchaser
on terms satisfactory to the vendor. |
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Reasonable facilities shall be afforded to the prospective
purchaser for the purpose of any environmental audit and geographical
site investigation of the land. No warranty is given by the
vendor that the subjects are suitable for development.Prospective
purchasers will require to satisfy themselves as part of any
such environmental audit and / or site investigation as to
the existence of any hazardous substances, materials or waste
or contaminated matter under or on the subjects and the suitability
of the subjects for the purposes of development. |
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It is understood that the subjects are burdened by a public
right of way and prospective purchasers will require to satisfy
themselves with regard to the existence,nature and extent
of same. The existence of any public right of way shall be
excluded from warrandice in any disposition to be granted
by the vendor in favour of the successful purchaser. |
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The subjects are affected by a Tree Preservation Order,
details of which are available on request. |
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The vendor reserves the right to include, as a term of the
sale, a clawback provision under which the vendor will be
entitled to clawback payment from the proprietor of the subjects
in the event of any future planning permission enhancing the
value of the subjects after the date of sale being granted.The
detail of any such clawback shall be included in an Agreement
and any payment due in terms of the Clawback Agreement may
require to be secured over the subjects. |
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The vendor shall not be bound to accept the highest or any
other offer made for the subjects. |
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Prospective purchasers will be required to satisfy themselves
with regard to the validity and sufficiency of the title and
the vendor’s right to the subjects and power to sell
same within twenty eight days from intimation of their preferred
bidder status. |
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Prospective purchasers will be expected to participate in
the Local Plan process and make appropriate representations
in support of the development of the subjects contemplated
by the Local Plan. |
