Security for the provision, satisfactory completion and maintenance, to the taking in charge standard
When permission is granted for development, the Council may attach a condition requiring a bond (cash lodgment or a surety bond) be set aside which can be sequestered (availed of by the Council) should any work be required in the event that developer/ contractor fails to complete the development in accordance with the condition of planning permission to the required standard, which is known as the Taken in Charge Standard.
It is the policy of this Council to ensure that all bonds remain in place until the development is completed to the satisfaction of the planning authority as per the condition of planning.
“Subject to agreement / agreement denied”
We have been advised that it would be appropriate to insert a provision providing for agents in the jurisdiction for service of notice and proceedings in the case of developers and or securities outside the state.
Similarly, where one of the parties relies on execution under a Power of Attorney it will be necessary in each case to produce a certified copy of the Grant showing that the correct powers have been granted to the attorney, or that it is a form to the like effect expressed to be made as set out in the third schedule to the Powers of Attorney Act 1996.
Please also note that a “populated" version of the template (as attached) be submitted for final approval before the Bond should be signed off.
