Dear Sir or Madam,

Please supply me with a copy of the Development Agreement made
between Trafford MBC and DMN Ltd as referred to in the Executive
Decisions -decision reference E/10.05.07/2

Yours faithfully,

The Hon. SE Walmsley Against Altair campaign

Dear Sarah

I write in reference to your request for a copy of the Development
Agreement made between Trafford MBC and DMN Ltd as referred to in the
Executive Decisions - decision reference E/10.05.07/2. I can confirm
that Trafford Council holds a copy of the Development Agreement.

The Agreement is approximately 500 pages long, and includes a number of
A3 size drawings and plans. Under the FOI regulations we are allowed to
make a charge for such volume of material - standard charges are 10p per
sheet of A4, and 30p for A3 plans etc.

However, should you decide to pay such charge requested, there will be
some information contained in the Agreement which is considered exempt
under the Freedom of Information Act. The Council believes that Section
43, the Commercial Interests exemption, will apply to certain
information within the Agreement.

Under the Act we have a duty to provide advice and assistance to people
who make requests for information, thus, in an attempt to be as helpful
as possible, there follows below a copy of the index of the clauses
contained within the Agreement. This will give you an idea of the
subject matter within the Agreement. Some of the clauses will be
standard contractual wordings, whilst some will be unique or
particularly relevant to this development. As indicated above, certain
clauses and information within clauses may be exempt information, which
would need to be redacted prior to issuing the remainder, should you
request it. I have deleted the subject matter heading of one clause
(clause 51) and one schedule (the eighth schedule) where not to do so
may give out exempt information.

Having seen the index please let me know if you wish to request all or
only certain sections of the Agreement, and I will let you know the cost
of photocopying etc.

Yours sincerely

Nick Evans
Corporate Information Officer
Trafford Council
Office address:
Legal Services
Trafford Town Hall
Talbot Road
Stretford
M32 0TH

Office phone number: 0161 912 1324
Office fax number: 0161 912 4294

Trafford Council is a well-performing, low-cost council working with
Trafford Partnership to make Trafford a great place to live, learn, work
and relax.
You can find out more about us by visiting www.trafford.gov.uk

Index to Clauses:

CONTENTS
Clause Subject matter

1. DEFINITIONS AND INTERPRETATION
2. RECITALS
3. CONDITIONS PRECEDENT
4. THE CONDITION AS TO PLANNING
5. COMPULSORY PURCHASE AND PRIVATE TREATY NEGOTIATIONS
6. ROAD CLOSURE
7. SITE ACQUISITION AND FORM OF LEASE
8. THE PARTIES' FURTHER OBLIGATIONS CONCERNING CONDITIONS PRECEDENT

9. TENANT'S OBLIGATIONS AS TO FUNDING
10. OCCUPATIONAL LETTINGS
11. THE DEVELOPMENT APPRAISAL
12. DOCUMENTS
13. APPOINTMENT OF PROFESSIONAL CONSULTANTS AND CONTRACTOR
14. THE UNCONDITIONAL DATE
15. DETERMINATION IN RELATION TO THE SUBMISSION DATE
16. DEEDS OF WARRANTY
17. CONSENTS AND ACTS OF PARLIAMENT
18. CDM REGULATIONS
19. BUILDING OBLIGATIONS
20. INSURANCE

21. INSPECTION MEETINGS AND SUPPLY OF INFORMATION
22. COMPLETION OF THE SCHEME
23. ONGOING PROVISION OF TEMPORARY ICE
24. SAVING PROVISIONS AND DEVELOPER'S RELEASE
25. GRANT AND COMPLETION
26. MATTERS AFFECTING THE PREMISES
27. CONDITIONS

28. ACKNOWLEDGEMENTS
29. DEALING WITH THIS AGREEMENT
30. LICENCE AND INDEMNITY
31. DISPUTES

32. CANCELLATION FOR INDUCEMENT
33. TERMINATION

34. FUNDER'S RIGHTS
35. NO RESTRICTIONS

36. COUNCIL BREACH
37. GUARANTEE

38. VALUE ADDED TAX
39. NON-MERGER

40. NOTICES

41. PAYMENT OF COUNCIL'S COSTS AND EXPENSES
42. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
43. COUNCIL AS LOCAL AUTHORITY

44. NO AGENCY

45. NO PARTNERSHIP

46. FURTHER ASSISTANCE AND OUTSTANDING OBLIGATIONS
47. FINANCIAL PROVISIONS

48. GOOD FAITH

49. FREEDOM OF INFORMATION ACT

50. JURISDICTION

FIRST SCHEDULE Site

SECOND SCHEDULE Disclosed Documents

THIRD SCHEDULE Lease

FOURTH SCHEDULE Planning Application

FIFTH SCHEDULE Provisions relating to the ascertainment of the
gearing
percentage for the Lease
SIXTH SCHEDULE Part 1 Provisions as to Overage

Part 2 Miscellaneous Provisions
SEVENTH SCHEDULE Building Obligations to be carried out by the
Tenant
ANNEXURE 1 Masterplan

ANNEXURE 2 Scheme Plan

ANNEXURE 3 Initial Development Appraisal

ANNEXURE 4 Professional Consultants' Appointments
ANNEXURE 5 Subcontractor Warranties

ANNEXURE 6 Acquisitions Schedule Format
NOT USED
ANNEXURE 7 Worked Examples pursuant to the Fifth Schedule
ANNEXURE 8 Indicative Worked Example pursuant to the Sixth Schedule

ANNEXURE 9 Ice Rink Specification

ANNEXURE 10 Site Plan and CPO Plan

ANNEXURE 11 Forfeiture Deed

ANNEXURE 12 Letting Strategy

ANNEXURE 13 Contractor Warranty

_________________________________________

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Dear Sarah

Further to my email of 12th August, our subsequent discussions
clarifying the elements of the agreement required, our request for
payment to cover photocopying charges, and the receipt of your cheque on
20th August and subsequent clearance, the purpose of this email is to
advise readers of this website question and answer forum that the
response was sent, together with the Development Agreement (with some
information exempted), by post to your home address on 27th August. We
calculate this to be within the timescale allowed by the Act.

Yours sincerely

Nick Evans
Corporate Information Officer
Trafford Council
Office address:
Legal Services
Trafford Town Hall
Talbot Road
Stretford
M32 0TH

Office phone number: 0161 912 1324
Office fax number: 0161 912 4294

Trafford Council is a well-performing, low-cost council working with
Trafford Partnership to make Trafford a great place to live, learn, work
and relax.
You can find out more about us by visiting www.trafford.gov.uk

show quoted sections