Terms and conditions
The agreement is between Braintree District Council and the applicant(s) as named in the offer letter.
Business/organisations accepting grant offers from the Braintree District’s Industrial Unit Front Improvement Scheme will be required to abide by and agree to the following terms and conditions:
- The approval or refusal of a grant is at the absolute discretion of Braintree District Council and there will be no right to appeal process.
- Grants will not be given for expenditure incurred prior to the grant offer being made and the contract signed.
- The grant is not payable to an undischarged bankrupt.
- The grant must be used for the purpose intended as outlined in the Grant offer letter (this will be supported by producing original invoices for the grant claim)
- In the case of tenants, payment of the grant requires the building owner’s approval and providing proof of a minimum of five year lease for the building.
- If the business/organisation ceases trading/operating within 12 months of the payment of the grant or the building is sold, the applicant must notify Braintree District Council within 14 days and in such circumstances The Council may require the applicant(s) to repay, in whole or part of the grant paid.
- The grant must not be used for improvements to residential property, structural repairs including re-roofing, internal repairs and alterations, external security features, CCTV systems or recoverable VAT.
- If the applicant is registered for VAT this must be declared on the application form. If at any point the organisation/business becomes VAT registered, the applicant must inform Braintree District Council and discuss repayment of VAT expenses claimed.
- The grant will only be paid to proposals which have been granted planning permission. Nothing in the agreement or negotiation of the grant will affect Braintree District Council’s decision over planning granted. Only then may a Grant Offer letter be issued and works commence.
- All works are to be undertaken strictly in accordance with the specification and schedule of works agreed with the Council.
- The Council’s written approval must be obtained in advance of any amendment to the approved specification and schedule of works. Amendments include the omission or variation of the agreed works and the execution of additional works. Failure to comply with this condition may invalidate the grant offer even if the additional work is not grant aided.
- Representatives of the Council must be allowed access to the property to carry out interim inspections of the works in progress, by appointment at any reasonable time.
- There is no obligation upon the Council to increase the grant if the cost of work increases, or if any additional work is undertaken.
- A proportional reduction will be made in the grant if the actual costs of the eligible work proves to be less than estimated. If at any point the organisation/business becomes VAT registered, the applicant must inform Braintree District Council and discuss repayment of VAT expenses claimed. Payment will be made in arrears upon the production of the grant claim form along with supporting documentation (e.g. Paid invoices).
- The grant will not only be paid against proposals which have been granted planning permission – if required. Nothing in the agreement or negotiation of the grant will affect the Council’s decision over planning permission. An offer of agreement in principle will be made until planning permission has been granted. Only then may a Grant Officer letter be issued and works commence.
- The applicant must inform Braintree District Council of any changes to the business or changes of business address and telephone number.
- The grant is made on the condition that the property will be maintained to a satisfactory standard for a minimum of three years.
- Any grant must be taken up within the period stated in the Grant Officer letter.
- Payments of grants to successful applicants will be made in arrears, in one sum on the receipt by the Council of evidence that the applicant has incurred the expenditure. A supporting statement should show how the expenditure relates to the individual items in the approved schedule of works.
- Expenditure must be incurred using a debit/credit card or cheque and evidenced through a bank statement. Payments of grants will not be made towards expenditure incurred using the payment method of cask.
- Grants are dependent on applicants being required to complete a short questionnaire evaluation 6 months after the receipt of the grant.
- The Council reserves the right to publish illustrations, photographs or other details of your project in promotional literature and other documents associated with Council grant schemes.
- Applicants will need to sign the contract within 4 weeks from the date offered otherwise the offer will be withdrawn.
- If the applicant undertakes any work that, in the opinion of the Council, significantly alters or removes any elements of the grant aided work, the Council shall have the right to recover such proportion of the grant as it sees fit. This condition shall apply for a period of five years starting on the day on which the final grant payment is made.
- Under s58(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990, if any grant condition is contravened or not complied with, the Council reserves the right to recover the grant, or such part of it as the Council see fit.