Off-site Open Space Contribution	Means the sum of £XXXXX towards the [enhancement/improvement/provision] of off-site open space and play facilities at [LOCATION];
OS Completion Certificate	means a written certificate confirming that the relevant part of the Open Space has been completed to the reasonable satisfaction of the Council.
Open Space	means those areas of open space to be provided as part of the Development in the general locations shown on Plan XXXX
Open Space Maintenance and Management Strategy	means a scheme setting out the future management and maintenance regime for the Open Space including details of its transfer to and future maintenance by a Management Company (including details of the identity of the proposed management company) or the Council (if proposed by the Owner and accepted by the  Council).
Open Space Management Company	means a company set up or appointed by the Owner to manage and maintain the Open Space.
Open Space Maintenance Sum	means a commuted sum of £XXXX for maintenance of the Open Space payable by the Owner upon the transfer of the Open Space.
Open Space Specification	means a written scheme detailing the location layout and specifications of the Open Space which accords with Green Flag Standards or any other standards the Local Authority deem appropriate.

OFF-SITE OPEN SPACE CONTRIBUTION

1.1  Prior to the Commencement of Development, the Owner covenants with the Council to pay to the Council the Off-Site Open Space Contribution.  

1.2 The Owner will not permit or cause the Commencement of Development until the Off-Site Open Space Contribution has been paid to the Council.

ON-SITE OPEN SPACE PROVISION

The Owner covenants with the Council:

• That prior to Commencement of Development they will submit to the Council the Open Space Maintenance and Management Strategy for written approval and that they shall not permit or cause Commencement of Development until the Open Space Maintenance and Management Strategy has been approved by the Council in writing.
• To complete the laying out, planting and equipping of the Open Space in accordance with the Open Space Specification and to the satisfaction of the Council prior to Occupation of 50% of the Residential Dwellings.
• Not to Occupy or permit the Occupation of more than 50% of the Residential Dwellings until the Open Spaces have been laid out, planted and equipped in accordance with the Open Spaces Specification and to the satisfaction of the Council; and
• To write to the Council and invite it to inspect the Open Space within 10 Working Days of its completion.
• In the event Defects are identified by the Council following its inspection pursuant to paragraph 1.4 to rectify such Defects.
• Within 10 Working Days of rectifying the Defects pursuant to paragraph 1.5 to invite the Council to inspect the Open Space and identify any Defects requiring attention following which the steps set out in paragraph 1.5 and this paragraph 1.6 shall be repeated provided that in the event no Defects are identified following an inspection by the Council and the OS Completion Certificate is issued in respect of that part of the Open Space no further repeat of the steps will be required.
• Following the issue of the OS Completion Certificate pursuant to paragraph 1.6 above the Owner shall provide written notification to the Council confirming it intends to offer the Open Space to the Council or whether it will be transferring the Open Space to an Open Space Management Company.
• On receipt of the notification, in the event the Owner offers the Open Space to the Council the Council will confirm whether or not it intends to adopt the Open Space together with any requirements for adoption.
• If the Owner elects to transfer the Open Space to an Open Space Management Company or the Council declines to accept the Open Space, the Owner will within 60 Working Days of the issue of the OS Completion Certificate for the Open Space:
  • Transfer the Open Space at nil consideration to an Open Space Management Company subject to all rights of way and rights reasonably required for the use of the Open Space and subject to the reservation of all rights of access and rights of way and passage of services and rights of entry reasonably necessary for the purpose of the Development and a covenant on behalf of the relevant Open Space Management Company to retain and maintain the Open Space transferred in perpetuity;
  • The Owner will agree with the Council the Articles of Association for the Open Space Management Company prior to the formation and registration of the Company unless the Open Space Management Company is already in existence;
  • To provide sufficient funds to the Open Space Management Company for the future maintenance of the Open Space as agreed between the Open Space Management Company and the Owner;
  • to maintain the Open Space until it is transferred to the relevant Open Space Management Company and from the date of issue by the Council of the Certificate of Practical OS Completion Certificate, in accordance with the standards of maintenance set out in the Open Space Maintenance and Management Strategy.
• If the Owner has elected to offer the Open Space to the Council and the Council has indicated a willingness to accept the transfer of the Open Space pursuant to paragraph 1.7 above, the Owner will within 60 Working Days of the issue of the OS Completion Certificate for the Open Space,:
  • Offer to transfer at nil consideration the Open Space to the Council subject to all rights of way and rights reasonably required for the use of that Open Space and subject to the reservation of all rights of access and rights of way and passage of services and rights of entry reasonably necessary for the purpose of the Development;
  • To pay the Open Space Maintenance Sum to the Council on the date of the transfer.
  • To maintain the Open Space until it is transferred to the Council and from the date of issue by the Council of the OS Completion Certificate, in accordance with the standards of maintenance set out in the Open Space Maintenance and Management Strategy;

OPEN SPACE COUNCIL COVENANTS

3.1       The Council covenants with the Owner as follows:           

3.1.1    To confirm in writing within 20 Working Days (or such other period as may be agreed with the Phase Owner) of receipt whether or not an Open Space Maintenance and Management Strategy is approved.

3.1.2    To arrange for an inspection of the Open Space within 20 Working Days (or such other period as may be agreed with the Phase Owner) of receiving a request pursuant to paragraph 1.4 above

3.1.3    To accept any transfer of the Open Space pursuant to paragraph 1.10.1 above and to use reasonable endeavours to complete any transfer within 3 months of a draft transfer being received by the Council

3.1.4    In the event that the Council does not approve or reject an Open Space Maintenance and Management Strategy within 20 Working Days (or such other period as may be agreed with the Owner) of receipt of the relevant document then the Phase Owner shall be entitled to consider the relevant Open Space Maintenance and Management Strategy as being approved

3.1.5    In the event that the Council does not approve or reject the Articles of Association of the Open Space Management Company within 20 days (or such other period as may be agreed with the Phase Owner) of receipt then the Phase Owner shall be entitled to consider the relevant Articles of Association of the Open Space Management Company as being approved.