Agreement - Part 2

By: Bill Osborne
Date: 17/01/2003

THIS agreement contains the conditions the N.E Lincs Council are imposing on the developer and the club in return for planning permission. This is Page 2.

1. DEFINITIONS

In this Deed where the context so admits the following expressions shall have the following meanings:

the "Act": the Town and Country Planning Act 1990

the "Advertising Strategy": the advertising strategy outlining the methods that will be used by the Club to promote visits to the Stadium by means of transport other than the car

the "Blundell Park Affordable Housing ": the provision of not less than 20% of the housing to be constructed on the Blundell Park Site which shall be held by a registered social landlord as defined by the Housing Act 1996 or which shall otherwise be secured for the purposes of affordable housing in a manner consistent with DETR Circular 6/98 or replacement

the "Blundell Park Site": the land shown edged red on Plan 2

the "Buffer Zone Land": the area of land shaded green on Plan 4

the "Bus Interchange Facility": the facility serving both the Park and Ride Bus Service and the Shuttle Bus Service within the area edged green on the Site Layout Plan and comprising part of the Park and Ride Infrastructure

the "Bus Service Contribution": the sum of £30,000 (thirty thousand pounds) to be used to secure the extension of existing bus services 1/2 to serve the Development

the "Bus Service Contribution Schedule" : the schedule of payment for the Bus Service Contribution to be agreed with the Council which will reimburse the relevant bus company the net deficit cost of providing the services the subject of the Bus Service Contribution

the "CCTV Contribution": the sum of [£40,000] to be used by the Council to install operate and maintain the CCTV System

the "CCTV System": the independent closed circuit television system to record the movement and activity of people using the footpath linking Cromwell Road with Station Road

the "Certificate": the certificate or certificates issued by the Director under Clause 6.4 of this Deed

the "Church Car Park Contribution": a sum of money up to but not exceeding £50,000 (fifty thousand pounds) the precise amount being specified in the Church Car Park Criteria to be used to secure the provision of approximately 65 car parking spaces not affected by the Off-Site Parking Controls for use by St. Nicholas Church, Great Coates

the "Church Car Park Criteria": mean:

(a) the site on which additional car parking will be provided is identified and available;

(b) commitments are ready to be entered into in relation to making the site available or laying out the car park;

(c) those commitments require the expenditure (including any relevant fees) of an identified amount

the "Contributions Bond": means a bond in the form set out in Part A of Schedule 11 the maximum liability of which shall be the Contributions Sum and which secures payment of the contributions to be made pursuant to Paragraphs 1.7(f), 1.18 and 3.4 of Schedule 1 to this Deed

the "Contributions Sum": means a sum equal to the total of the Bus Service Contribution, the CCTV Contribution and the Church Car Park Contribution

the "Development": the development permitted by the Planning Permission

the "Director": the Council's Director of Environmental Services for the time being holding that appointment or such other person nominated by the Council to act in that capacity for the purposes of this Agreement

the "Final Certificate ": the certificate issued by the Council under paragraph 1.5 of Schedule 2 confirming that the Woad Lane Link has been maintained by the Club, the Developer and the Estate for a period of 12 months from the issue of the Maintenance Certificate to the satisfaction of the Director

the "Green Transport Plan": a scheme of measures to encourage appropriate means and modes of access to the relevant part of the Site

the "Great Coates Match Day Monitoring Arrangements" means a scheme outlining the arrangements that will be made to monitor pedestrian movements associated with any Programmed Football Event through Great Coates village along the routes shown in blue on Plan 3 and which scheme shall provide:

(a) for the Council or an agreed independent body to monitor the level of pedestrian movements associated with the Programmed Football Event;

(b) the format of the Great Coates Match Day Monitoring Reports;

(c) a mechanism for identifying measures which could be undertaken to mitigate any harm arising from pedestrian movements through Great Coates village which measures for the avoidance of doubt may include permanent or temporary stopping up orders additional policing measures including the employment of special constables or other appropriate personnel authorised to enforce the restrictions additional or appropriate signage ticketing measures and/or penalties for those participating in Programmed Football Events who fail to behave in an appropriate manner.

the "Great Coates Match Day Monitoring Reports" means reports which identify the level of pedestrian traffic through Great Coates the response to any consultation and any issues that arise including any suggested measures that should be implemented to mitigate any harm that has arisen

the "Joint Working Party": means a discussion monitoring and consultation group established in accordance with the transport monitoring arrangements in Schedule 9 to this Deed

the "Learning Centre": means a facility or space within the Stadium capable of accommodating at least 14 people with all necessary services and heating providing adequate accommodation for teaching and learning

the "Liaison Group": means the Club the Developer and the Council together with such members of the local community as may be agreed (between the Club and the Council from time to time) and whose role shall be to provide a forum for the discussion of issues relating to the construction and operation of the Stadium

the "Liaison Group Terms of Reference": means the terms of reference for the Liaison Group as agreed from time to time between the members of the Liaison Group and which will as a minimum:

(a) require the Liaison Group to meet [three] times during any given period of twelve months;

(b) in default of alternative arrangements provide for the Liaison Group to be chaired by a representative of the Club;

(c) produce minutes which shall be available on request to any interested Local People

"Local Businesses": means businesses whose sole or principal place of business is within the administrative area of the Council

"Local People": means people whose sole or principal place of residence is within the administrative area of the Council

the "Maintenance Certificate": the certificate issued by the Council under paragraph 1.4 of Schedule 2 confirming that the Woad Lane Link has been completed to the satisfaction of the Director

"Material Operation": a material operation on the Site pursuant to Section 56(4)(a)-(e) of the 1990 Act provided that for the avoidance of doubt a Material Operation shall be deemed not to have taken place for the purposes of this Deed by any archaeological work, works of excavation, demolition, site clearance, services diversion, site or soil investigation, access and/or highway works, landscaping works, ground modelling, raising and levelling, noise attenuation works, the construction of any landfill or gas works and the erection of hoarding fences or temporary buildings

the "Marketing Strategy": the marketing strategy to be submitted by the Club to the Council outlining the mechanisms that will be used to maximise the length of stay by visitors at the Stadium to alleviate transport problems before and after football matches

the "Off-Site Parking Area": the area shown edged red on Plan 3

the "Off-Site Parking Controls": the parking controls and physical measures to prevent car parking in identified areas associated with visits to the Stadium Site on days on which a Programmed Football Events takes place detailed in the specification in Schedule 3

the "Off-Site Parking Controls Bond": means a bond in the form set out in Part C of Schedule 11 the maximum liability of which shall be equal to the Off-Site Parking Controls Contribution and which secures payment of the contribution to be made pursuant to Paragraph 1.7(a) of Schedule 1 to this Deed

the "Off-Site Parking Controls Contribution": the sum of £30,000 (thirty thousand pounds) to fund the initial implementation of the Off-Site Parking Controls

the "Off-Site Parking Study": a study, undertaken by an independent third party approved by the Council, examining the levels of on-street parking in Great Coates Willows and Wybers Wood areas in the Off-Site Parking Area and the B1210 as identified on Plan 3, which study will establish the level of parking on two Saturday afternoons, to be agreed with the Council, between 12:00 midday and 17:00 and two weekday evenings between 18:00 and 23:00

"Off-Site Stewarding": personnel provided by the Club for the purposes of assisting spectator crowds accessing and egressing the Stadium beyond the boundary of the Site

the "Park and Ride Bus Service": the park and ride bus service the details of which are specified in Schedule 4

the "Park and Ride Car Park": the car park shown hatched blue on the Site Layout Plan

the "Park and Ride Infrastructure": the infrastructure associated with the Park and Ride Bus Service including the Bus Interchange Facility and the Park and Ride Car Park which as a minimum will comprise a building of a maximum of 250 (two hundred and fifty) square metres to provide covered waiting facilities and toilets a hard surfaced car park with a minimum of 700 car parking spaces bus turning and waiting areas together with all necessary lighting security and other infrastructure with the intent that it can be utilised as a fully operational park and ride facility

the "Park and Ride Infrastructure Lease ": a lease of the Park and Ride Infrastructure on the Park and Ride Infrastructure Lease Site to be granted by the Club to the Council substantially in accordance with the heads of terms attached at Schedule 5

the "Park and Ride Infrastructure Lease Site": the site shown edged purple on the Site Layout Plan being the area on which the Park and Ride Infrastructure is to be provided

the "Parties": (1) the Club, (2) the Developer, (3) the Estate, and (4) the Council

"Plan 1": the plan attached also known as the Site Layout Plan

"Plan 2": the plan attached so marked showing the Blundell Park Site

"Plan 3": the plan attached so marked showing the Off-Site Parking Study areas, areas to be monitored for pedestrian movements through Great Coates, the Off-Site Parking Area, the line of the Woad Lane Link, the area to be covered by the post-match litter scheme and the areas of the WWW Bus Service

"Plan 4": the plan attached showing the Buffer Zone Land

the "Planning Application": the application submitted by the Club and the Developer with reference number DC/991/99 WOL seeking permission for a 20,100 seat football stadium and non food retail park hotel petrol filling station park and ride facility restaurants parking and new vehicular access from the A1136

the "Planning Permission": a planning permission for the Development to be granted pursuant to the Planning Application in the form annexed at Schedule 6 or such other planning permission of a similar nature as the Parties may agree

"Programmed Football Event": any match in which the Club's first team is scheduled to take part or in respect of which the Council following consultation with the Safety of Sports Grounds Act Committee reasonably has cause to apprehend an attendance in excess of 5,000 persons and has given notice of such apprehension not less than 14 days before the match

"Public Art": artwork or memorabilia representing or otherwise closely associated with the use of the Blundell Park Site as a football stadium by the Club

the "Relevant Owner": the owner of that part of the Site which is bound by the relevant obligation in Schedule 1 hereto which is bonded as part of the Transport Mitigation Bond

the "Retail Car Park": the area shown hatched brown on the Site Layout Plan

the "Retail Site": the area including the Retail Units and associated car parking shown edged orange on the Site Layout Plan

the "Retail Site Infrastructure": the infrastructure associated with the Retail Site shown coloured yellow on the Site Layout Plan

the "Retail Units": the retail units shown to be built on the Retail Site

a "Satisfactory Shuttle Bus Service Contract": a contract or contracts that secure(s) the Shuttle Bus Service for a period of at least two years from the date of the first Programmed Football Event in the Stadium which contract or contracts shall provide for the direct enforcement of their terms by the Council

the "Shuttle Bus Service": the bus service between the Stadium and such other destinations and nodal points as may be agreed between the Club and the Council, such service to be provided in accordance with the specification annexed at Schedule 7 or such other specification as may be agreed between the Parties always provided that the Shuttle Bus Service will ensure that bus borne passengers can, if they wish, vacate the Stadium Site within one hour of the end of any Programmed Football Event

the "Site": the land shown edged red on the Site Layout Plan

the "Site Layout Plan": the plan showing the layout of the Site annexed at Plan 1

the "Stadium": the stadium on the Stadium Site

the "Stadium Contract": a contract for the construction of the Stadium in accordance with the Stadium Specification and which shall set out a programme for completion of the Stadium;

the "Stadium Site": the area including the Stadium and associated car parking shown coloured blue on the Site Layout Plan including the Park and Ride Infrastructure Lease Site

the "Stadium Specification": the plans detailing the illustrative requirements for the Stadium annexed at Schedule 8

"Statutory Undertakers": a statutory undertaker as defined by Section 262 of the 1990 Act

"Training Pitches": means the provision of 3 football training pitches to be provided in accordance with the Training Pitches Specification

"Training Pitches Specification": means:

Drainage below formation: Diagonal drain tracks at 6-7m centres approx 250mm wide x 450mm deep with 80mm perforated "Wavincoil" pipe surrounded in 5 to 10mm gravel;

Diagonal drainage will outfall into plastic carrier drains (150mm dia on long side of pitch, 100mm dia on short edge of pitch) and pass through a silt trap prior to outfalling to water course, swale, drain etc.

Works above formation: drainage "blanket" 100mm thick of 5-10mm gravel will be placed on top of formation.

Approx 200mm topsoil would be placed above the drainage "blanket" (it is possible that the excavated site topsoil could be reused depending on its "acceptability" or could be "improved" by mixing with sand).

the "Transport Mitigation Bond": means a bond in the form set out in Part B of Schedule 11 the maximum liability of which shall be equal to the total of the Transport Mitigation Sum and the maximum liability for implementing measures pursuant to Paragraph 1.17 of Schedule 1 to this Deed and which secures the performance of obligations (including the payment of monies) to mitigate transport effects of the Development as provided for by Paragraphs 1.7(d), 1.17 and 1.31 of Schedule 1 to this Deed

the "Transport Mitigation Sum": means the sum of £50,000

the "Woad Lane Link": the pedestrian and cycle link from Woad Lane to the Stadium Site shown coloured green on Plan 3

the "Woad Lane Link Necessary Consents": all planning highways drainage and other consents necessary to construct maintain and operate the Woad Lane Link

the "Woad Lane Link Specification": the specification detailing the construction requirements of the Woad Lane Link annexed at Schedule 10

the "WWW Bus Service": means a bus service between the Willows and Wybers Wood areas shown indicatively coloured yellow on Plan 3 and the Stadium which service will be free of charge to passengers travelling to and from Programmed Football Events and which will operate at a frequency to be agreed with the Council both 90 minutes before and 90 minutes after a Programmed Football Event

Add To Facebook

This site is by the fans, for the fans, and we will consider articles on any subject relating to the Mariners whether it be related to current news, a nostalgic look back in the past, a story about a player, a game or games in the past, something about Blundell Park or football in general. Click here to submit your article!

Related Stories

• The Great Coates Rip Off!
• More Stories