06 Oct Section 106 Agreement Wandsworth
63. Article 2.4 of Scheme 6 addressed the additional commitments expected under Section 106 arising from the extended building permit: (emphasis ed only here) 35. In March 2013, Minerva applied for a building permit for a mixed-use development at the Ram Brewery site, including the construction of the 34-story tower. Wandsworth decided to grant this building permit subject to the conclusion of a Section 106 agreement. 146. Second, Minerva did not include the profitability assessments in its construction application to Wandsworth. The assessment of the cost-effectiveness of the extended scheme had not yet been completed at the time of submission of the Section 73 application on 18 July 2014. Ms Fone explained that, as a general rule, she had not submitted a cost-effectiveness assessment with the Section 73 application, as in the past commercially sensitive materials had been accidentally uploaded to Wandsworth`s website along with the rest of the application. This did not prevent Wandsworth from accepting, validating and advising this construction request. If the business case is not something that must be presented to Wandsworth at the time of the application, I do not see why it should be made available to Greenland so that they can assess that application. 55. The details of the agreement between Greenland and Minerva on what would happen after the conclusion of the contract of sale with regard to obtaining an extended building permit are set out in Annex 6. Paragraph 1.1.
of Annex 6 provided: 43. M. Lee wrote on June 4, 26, 2013 to Ms. Fone and also made some concessions that resulted in BNPP`s surplus of 3,240,798. Until June 28, 2013, Montagu Evans still claimed that the figure of 66 units desired by Wandsworth would result in a deficit of 2,250,000. Fone wrote, however, that in order to reach an agreement and take the program to the planning committee on July 23, her client was “prepared to absorb this deficit” and was therefore prepared to offer 66 units. 87. The following week, many discussions took place between the various advisers who finalised the draft and the documents to be submitted with the inscription provided for in Article 73.
Wandsworth also confirmed that they were prepared to accept this request under Section 73. On June 25, 2014, Mr. Evershed of Montagu Evans provided Mr. Cronin with a list of the documents they intend to submit as part of the application.