Legal Basis for Planning Agreement

The Deed is made pursuant to Section 76 of the Act and is a Planning Agreement for the purposes of that section. Insofar as any of the covenants contained in this Deed are not planning conditions within the meaning of the Act they are entered into freely by the Applicant and by the Council pursuant to Article 8 of The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002, Article 79 of the Local Government Act (Northern Ireland) 2014 and all other enabling powers. The Council is the local authority by which the covenants, restrictions and requirements imposed upon the Applicant under this Deed are enforceable or any successor. The Parties agree that nothing in this Deed constitutes a Planning Permission or an obligation by the Council to grant Planning Permission and further agree that nothing in this Deed grants planning permission or any other approval, consent or permission required from the Council in the exercise of any other statutory function. The Parties agree this Deed is enforceable against the persons entering into the Deed and against any person deriving title from that person.