Lease of Northfield

The Lease of Northfield to Hartley and Ash Parish Councils

H.M. LAND REGISTRY

LAND REGISTRATION ACTS 1925 TO 1988

COUNTY & DISTRICT: Kent Sevenoaks

PROPERTY: Land at Northfield, Hartley,

THIS LEASE is made this 10th day of March 1999

BETWEEN NEW ASH GREEN VILLAGE ASSOCIATION LIMITED whose registered office is situate at Centre Road, New Ash G reen Longfield Kent DA3 8HH (hereinafter called "the Association" which expression shall where the context so admits include the person or persons for the time being entitled to the reversion of the land hereby demised immediately expectant on the term hereby granted) of the one part AND ASH-CUM-RIDLEY PARISH COUNCIL of 10 Capelands New Ash Green Kent, and HARTLEY PARISH COUNCIL of Cranmere Church Road Hartley Longfield Kent DA3 8DL (hereinafter called "the Lessee" which expression shall where the context so admits include the successors in title of the Lessee) of the other part

IN this lease the following terms shall have the following meanings:-

"Commencement Date" means the date of this Lease

"Legal obligation" means any present or future statute statutory instrument or byelaw or any present or future regulation order direction code of practice or requirement of any statutory public local or other competent authority or court of competent jurisdiction insofar as it relates to the Property or to is occupation or use irrespective of the person on whom the obligation is imposed

"The Plan" means the plan annexed hereto

"The Property" means all that land as is shown edged red on the Plan

"Rent" means the annual rent of £1.00

"Term" means 99 years from the Commencement Date

"Permitted Use" means the use of the land only for the purposes set out in the statement of joint use approved by the Association and the Lessee and set out in the Schedule hereto

"Local District Planning Authority" shall be interpreted by reference to Section 1 of the Town & Country Planning Act 1990 or such other statute as may replace or revoke that provision

1. IN CONSIDERATION of the rent hereby reserved and of the Lessee covenants hereinafter contained the Association hereby demises unto the Lessees the Property together with all easements rights priveleges enjoyed by the Association prior to this demise TO HOLD the Property to the Lessee for the Term yielding and playing in respect of the Property the annual rent on the thirty-first day of December in every year throughout the Term (or such other date stipulated by the Association) the first of such payments to be made on the signing thereof and to be a proportion from the date hereof to the next day for payment.

2. WITH THE OBJECT AND INTENT and so as to bind the Property into whosoever hands the same may come THE LESSEE HEREBY JOINTLY AND SEVERALLY COVENANT with the Association as follows:-

(1) to pay the rent hereinbefore reserved

(2) to use the Property only for the Permitted Use or such other uses as the Lessees hereto may consider appropriate subject to the Association's consent in writing such consent not to be unreasonably withheld

(3) to comply at all times with any Legal obligations including covenants relating to the Property and the Permitted Use thereof or any variation thereto including any byelaws made under (10) below

(4) subject to the provisions hereinafter contained not assign underlet or part with possession of the property

(5) Not to allow the erection of any buildings on the Property save where that is considered appropriate by the Lessees and then subject to the Association's consent which shall not be unreasonably witheld.

(6) To allow access to the Property for pedestrians from the areas shown coloured green on the Plan

(7) To allow access to the Property for vehicles in connection with the management of the Property to be from the area shown coloured brown on the Plan

(8) To ensure that any provision for car parking on the Property that the Lessees may consider necessary to be restricted to the area shown hatched blue on the Plan

(9) Not to allow motorised vehicles other than those required in connection with the management of the Property or in accordance with 2(8) above to enter upon the Property

(10) To make and enforce appropriate byelaws to regulate [..........] cover the preservation of order and prevention of nuisances

3. THE ASSOCIATION HEREBY COVENANTS with the Lessee as follows:-

(1) that the Lessee paying the rent hereby reserved and performing the covenants and conditions herein contained and on its Part to be observed and performed shall peaceably hold and enjoy the Property throughout the Term without any interruption by the Association or any person rightfully claiming through them

(2) to indemnify the Lessee in respect of any damage to the Property caused as a result of access to it under 2(10) above

(3) that on or before the Commencement Date to waive or repeal the byelaws made by it on the 29th day of September 1967 so far as they affect the property

4. IT IS HEREBY FURTHER AGREED that if the covenants on the Lessee part herein contained shall not be performed or observed It shall be lawful for the Association at anytime thereafter to re-enter upon the Property or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Association in respect of any antecedent breach of the Lessee covenants herein contained

5. PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED as follows:-

(1) that notwithstanding 2(2) above the use of part of the Property for farming purposes currently until the year 2000 shall not constitute a breach of the terms of this Lease

(2) that notwithstanding 2(4) above an assignment or underletting by one of the Lessees to the other or another local authority shall not be regarded as an assignment nor shall any consent of the Lessor to such a disposition be required

(3) that the Lessees or one of them may after TWENTY FIVE YEARS from the Commencement Date and at the same intervals thereafter agree to surrender their interest in the Property

(4) if under 5(2) above both of the parties comprising the Lessee exercise their right to surrender then the Association will accept that surrender and continue to use the land only fo rthe Permitted Use or such other use as may then be compatible with policies relating the a use or uses of land falling within the Green Belt as the local District Planning Authority may approve

(5) if under 5(2) above only one of the parties comprising the Lessee shall exercise its right to surrender its interest then the other Parish Council will continue to hold the Property in its own name and subject to the provisions of this Lease unless and until it exercises its right to surrender its interest to the Association which the provisions of 5(3) above shall apply

SCHEDULE

Statement of Joint Use

Hartley Parish Council, Ash-cum-Ridley Parish Council and New Ash Green Village Association Ltd. agree that, subject to the satisfactory outcome of investigations into any existing covenants, the land substantially in the Parish of Hartley, known as Northfield, which forms the green wedge between the two villages, should be jointly managed on behalf of the local community by the Parish Councils of Hartley and Ash-cum-Ridley.

New Ash Green Village Association Ltd., which claims ownership of the land has resolved to offer a long term lease at a nominal rent to the two Parish Councils, subject to Contract.

Both Parish Councils and the New Ash Green Village Association Ltd. regard this site as a valuable area of recreational open space and amenity land providing access for the community to an area of open countryside and woodland. Both Parish Councils will use the site to satisfy local demand for informal passive recreation, e.g. dog walking, informal horse riding and two or three sports pitches. There will be no ancillary buildings on the site.

Both Parish Councils and the New Ash Green Village Association Ltd. regard the preservation of the green wedge between the two villages as of paramount importance. The two Parish Councils undertake to manage the site in accordance with the Local Plan Area Statement AS1.9 which strongly resists any outward expansion of the settlements of New Ash Green and Hartley.

IN WITNESS whereof the parties hereto have affixed their Common Seals as a Deed on the day and year first before written