Definitions section for Section 76 Planning Act Deed

Act – Planning Act (Northern Ireland) 2011; Applicant – XXXX Site – [details of the site to be provided] Certificate of Title - the certificate of title annexed hereto (Annex 2) identifying the details of all of the estates in the Site as at the date of execution of this Deed; Certificate of Practical Completion - confirmation from a duly authorised architect that the developed Properties, or any part thereof, is capable of being used for the purpose for which Planning Permission was granted; Commencement Notice - a notice in writing to be served upon the Council by the Applicant notifying it of the Applicant's intention to carry out Commencement of Development, a copy of which is annexed to this Agreement at Annex 6. Such notice shall include confirmation of the date upon which Commencement of Development is expected to take place and shall contain the reference number for the Planning Application and confirm the clause of this Deed pursuant to which it is being given; Commencement of Development - shall have the meaning given in Section 63 (2) of the Act save that for the purposes of this Deed none of the following operations shall constitute commencement: (1) Any archaeological or site investigations; (2) Works of excavation; (3) Demolition; (4) Site clearance; (5) Diversion of services and installation of services for construction purposes only; (6) Site or soil investigations; (7) Remedial action in respect of any contamination; (8) Interim landscaping works; (9) Provision of construction access; and (10) Noise attenuation works for the erection of hoardings and fences. Completion - the completion of the Development of the Site as evidenced by a Certificate of Practical Completion provided by the Applicant if reasonably requested by the Council and the issue of building control completion certificates relating to the Site and a copy being provided by the Applicant of their architect's practical completion certificate; Development of Application Site – [details of the development to be inserted] Interest - interest at 2% above the base lending rate of the Bank of England from time to time;