Item9Appendix2LegalAgreementS75

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Agenda Item 9 Appendix 2 10/03/2023

AGENDA ITEM 9

APPENDIX 2

2023/0081/DET

LEG­AL AGREE­MENT S75

MINUTE OF AGREE­MENT between CAIRNGORMS NATION­AL PARK AUTHOR­ITY, estab­lished by and act­ing under the Nation­al Parks (Scot­land) Act 2000 and the Cairngorms Nation­al Park Des­ig­na­tion,…… Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 as Plan­ning Author­ity in terms of Art­icle 7(3) of the 2003 Order and Sec­tion 46 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 and hav­ing a place of busi­ness at Albert Memori­al Hall, Sta­tion Square, Bal­later (who and whose suc­cessors are here­in­after referred to as ​“the Nation­al Park Authority”)

and DAV­ID HUIS­MAN and JANET HUIS­MAN, spouses, resid­ing togeth­er formerly at Knock Castle, Skel­mor­ie Road, Largs, and now at Lag­gan Coun­try Hotel, Lag­gan, New­tor­imore, and their suc­cessor in title to the Site (here­in­after defined) (“the Proprietors”)

and ABBEY NATION­AL PLC incor­por­ated under the Com­pan­ies Acts (Com­pany Num­ber 02294747) and hav­ing its Registered Office at Abbey Nation­al House, 2 Tri­ton Square, Regent’s Place, Lon­don, NW1 3AN (“the Secur­ity Holder”)

CON­SID­ER­ING THAT: (i) The Nation­al Park Author­ity has respons­ib­il­ity for determ­in­ing plan­ning applic­a­tions with­in the Nation­al Park area in terms of Art­icle 7 of the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land), Order 2003 and Sec­tion 46 of the Town and Coun­try Plan­ning (Scot­land) Act 1997.

(ii) The Nation­al Park Author­ity is entitled in terms of Sec­tion 75 of the 1997 Act. to enter into an agree­ment with any per­son inter­ested in their area (in so far as the interest of that per­son enables him to bind the land) for the pur­pose of restrict­ing or reg­u­lat­ing the devel­op­ment or use of the land, either per­man­ently or dur­ing such peri­od as may be described by the agreement.

(iii) The Pro­pri­et­ors are the her­it­able pro­pri­et­ors of ALL and WHOLE the sub­jects at the Lag­gan Coun­try Hotel in the County of New­ton­more being the sub­jects registered in the Land Register of Scot­land under Title Num­ber INV7508 (“the Site”).

(iv) The Applic­ants are the pro­pri­et­ors of and oper­ate a hotel busi­ness known as the Lag­gan Coun­try Hotel which is situ­ated on that area of ground form­ing part of the Site.

(v) The Applic­ants have sub­mit­ted a plan­ning applic­a­tion to High­land Coun­cil (“the Coun­cil”), hav­ing a place of busi­ness at 100 High Street, Kin­gussie, PH21 1HY (under the Council’s ref­er­ence 06/00228/FULBS and Cairngorms Nation­al Park Authority’s ref­er­ence 06/336/CP) for plan­ning per­mis­sion for the erec­tion of a dwell­ing on the Site (here­in­after referred to as ​“the Devel­op­ment”) and the said plan­ning applic­a­tion was called in by the Nation­al Park Author­ity in terms of its powers under Art­icle 7(3) of the Cairngorms Nation­al Park Des­ig­na­tion, Trans­ition­al and Con­sequen­tial Pro­vi­sions (Scot­land) Order 2003 which makes ref­er­ence to Sec­tion 46 of the Town and Coun­try Plan­ning (Scot­land) Act 1997.

(vi) The plan­ning applic­a­tion pro­poses that the Applic­ants are to con­struct a dwell­ing­house to the south of the said Hotel with­in the Site.

(vii) The Nation­al Park Author­ity has resolved to grant full plan­ning per­mis­sion for the Devel­op­ment sub­ject to cer­tain con­di­tions and has reques­ted that cer­tain oth­er mat­ters per­tain­ing to the Devel­op­ment be reg­u­lated in a writ­ten Agree­ment between the parties under the pro­vi­sions of Sec­tion 75 of the Town and Coun­try Plan­ning (Scot­land) Act 1997 for the pur­poses of restrict­ing or reg­u­lat­ing the Devel­op­ment or use of the Site.

(viii) The Applic­ants gran­ted a Stand­ard Secur­ity over the Site in favour of the Her­it­able Cred­it­or and the Her­it­able Cred­it­or con­sents to the Applic­ants enter­ing into this Agree­ment. 2

(ix) The Applic­ants and the Her­it­able Cred­it­or have agreed to enter into such Agree­ment with the Nation­al Park Author­ity. NOW THERE­FORE the Nation­al Park Author­ity and the Applic­ants, and the Her­it­able Cred­it­or DO HEREBY AGREE as fol­lows: 1 (One) Pre­lim­in­ary Mat­ters On record­ing or regis­tra­tion of this Agree­ment, the Nation­al Park Author­ity shall forth­with issue to the Applic­ants the Decision Notice in respect of approv­al of the applic­a­tion. This Agree­ment shall not come into effect until the date the Decision Notice is imple­men­ted. The word ​“implenne mited” shall be taken in the con­text of this Clause to mean the car­ry­ing out of a mater­i­all @peration as defined in Sec­tion 27(4) of the Act.

(Two) Restric­tion on Occu­pancy of the Devel­op­ment… The Applic­ants, for them­selves and their suc­cessors in title, hereby under­take that the Devel­op­ment, once erec­ted, may only be occu­pied by someone engaged solely or mainly in the oper­a­tion of the hotell busi­ness which is based on the Site and by a depend­ant of such a per­son resid­ing with him or her. In the event that the Applic­ants or their suc­cessors in title cease to be engaged in such work for any reas­on what­so­ever, the Nation­al Park Author­ity may determ­ine that some or all of the con­di­tions, restric­tions, oblig­a­tions and oth­ers con­tained in this Agree­ment may be mod­i­fied, var­ied or dis­charged.. (Three) Oblig­a­tions in rela­tion Dis­pos­al of the Devel­op­ment The Applic­ants, for them­selves and their suc­cessors in title, under­take that the Devel­op­ment, once erec­ted on the Site, may not be disponed sep­ar­ately from the remainder of the Site. 3

(Four) Oblig­a­tions in rela­tion to Secur­it­ies In the, event of any loan secured over the Site and any prop­erty built there­on being called up by the lender, the Applic­ants or their suc­cessor in title are under an oblig­a­tion to give writ­ten noti­fic­a­tion to the Nation­al Park Author­ity of this event.

(Five) Dis­charge In the event that the plan­ning per­mis­sion gran­ted by the Decision Notice is revoked or in any way falls pri­or to com­mence­ment of the erec­tion of the Devel­op­ment, then these presents shall fall and be deemed pro non scripto and the Nation­al Park Author­ity shall forth­with grant a Dis­charge of this Agree­ment. In the event of a change to the plan­ning or oth­er cir­cum­stances of the Site, which appears to any party to the Agree­ment or to their suc­cessors in title to render any of the con­di­tions, restric­tions, oblig­a­tions and oth­ers con­tained in this Agree­ment no longer rel­ev­ant, the parties or their suc­cessors in title shall con­sider wheth­er the said con­di­tions, restric­tions, oblig­a­tions and oth­ers should be mod­i­fied, var­ied or dis­charged. In con­sid­er­ing any such modi­fic­a­tion, vari­ation or dis­charge, both parties will be required to act reas­on­ably hav­ing regard to said changed cir­cum­stances. Any vari­ation shall be effect­ive as from the date of record­ing of the rel­ev­ant Deed of Vari­ation in the rel­at­ive Register of Sas­ines or Land Register and this Agree­ment shall be deemed to be amended with effect from such date. The Applic­ants shall reim­burse the Nation­al Park Author­ity in respect of all reas­on­able leg­al expenses incurred by the Nation­al Park Author­ity in con­nec­tion with such fur­ther agree­ment. 4

(Six) Arbit­ra­tion Any dis­pute arising between the parties hereto as to the inter­pret­a­tion or applic­a­tion of this Agree­ment, or any part of it, shäll be referred for the pur­pose of arbit­ra­tion to an Arbit­er to be mutu­ally agreed by the parties, and fail­ing agree­ment appoin­ted by the Sher­iff of Grampi­an, High­land and Islands at Inverness, and the decision of the Arbit­er, includ­ing any award of expenses, shall be final and bind­ing on the parties, and fail­ing such award the cost of any such arbit­ra­tion shall be borne equally by the parties.

(Sev­en) Leg­al Expenses The Applic­ants agree to reim­burse the Nation­al Park Author­ity in respect of all reas­on­able leg­al expenses incurred by them in con­nec­tion with the nego­ti­ation, draft­ing, adjust­ment, con­clu­sion and regis­tra­tion of this Agreement.

(Eight) Valid­ity of Pro­vi­sions Each of the pro­vi­sions of this Agree­ment is agreed inde­pend­ently of the oth­ers and in the event that any of them are held to be or become inval­id or unen­force­able for any reas­on, then the remain­ing pro­vi­sions shall con­tin­ue in full force and effect. : (Nine) Bur­dens The terms and con­di­tions of this Agree­ment are cre­ated real and prefer­able bur­dens upon and affect­ing the Site and bind­ing on the Pro­pri­et­ors of the Site from time to time and as such are appoin­ted to be recor­ded or oth­er­wise to be val­idly referred to in terms of law in all future con­vey­ances, Dis­pos­i­tions and oth­er deeds relat­ing to the Site. 5

(Ten) Jur­is­dic­tion This Agree­ment shall be gov­erned and con­strued in accord­ance with the laws of Scotland.

(Elev­en) Con­sent to Regis­tra­tion The parties hereto con­sent to regis­tra­tion here­of for pre­ser­va­tion and exe­cu­tion as well as for pub­lic­a­tion: IN WIT­NESS WHERE­OF these presents are sub­scribed by Dav­id Huis­man and Janet Huis­man at New­ton­more on 18^th Feb­ru­ary 2008 before Helen McCrone 77 Auch­manoch Aven­ue, Glas­gow, for and on behalf of Abbey Com­mer­cial Mort­gages at Har­row on 7^th May 2009 by Lisa White in the pres­ence of Ray Sul­li­van both author­ised sig­nat­or­ies by author­ity of the Dir­ect­ors for the said Abbey and for and on behalf of Cairngorms Nation­al Park Author­ity at Grant­own on Spey on 14^th May 2009 by Eliza­beth Jane Hope, Chief Exec­ut­ive and Author­ised Sig­nat­ory before Mar­garet Smith, 14 The Square, Grant­own on Spey. 6 CN 1