THE following is a copy of the controversial Darlington Borough Council covenant covering the land upon which Darlington Football Club's The Northern Echo Arena is sited.

(b) Not to use the property other than as a Football Stadium and ancillary uses in accordance with Planning Permission - Reference 99/00496/FUL and the Agreement made pursuant to Section 106 of The Town and Country Planning Act 1990 dated the 18th day of September 2000 and made between the Transferor (1) and the Transferee (2) without the prior written approval of the Transferor and subject to payment to the Transferor of 75% of the Net Development Value (the NDV) as hereinafter defined on the occasion or occasions as hereinafter defined: - (i) the occasions for payment of the said share of NDV shall be whenever the property or part or parts thereof shall be: (aa) sold or leased for a value which represents a full market consideration with the benefit of a Planning Permission for development purposes other than as a Football Stadium and ancillary uses in accordance with the Planning Permission - Reference 99/00496/FUL and the said section 106 Agreement dated the.....day of.......

(bb) subject to a grant of Planning Permission for development purposes other than as a Football Stadium and ancillary uses in accordance with the Planning Permission Reference 99/00496/FUL and the said Section 106 Agreement dates the 18th day of September 2000 PROVIDED ALWAYS that expansion of those facilities as detailed in Condition 5(A)(B) and (D) of the Planning Planning by up to 20% shall not rise to an enhanced consideration in accordance with this Clause.

(ii) any dispute concerning sub paragraph (i) above shall be referred to an Independent Chartered Surveyor acting as an Expert whose decision shall be final and binding and who will be appointed by agreement between the parties or in default of agreement by or on behalf of the person under The Royal Institute of Chartered Surveyors on the application of either party and whose fees including those of his appointment will be shared equally between the parties.

(iii) on receiving payment of the said share of the NDV the Transferor will issue receipt which will constitute conclusive evidence as to satisfaction of the provisions of this condition.

(iv) the NDV shall be the value of the property as hereinafter defined minus the Base Value as hereinafter after defined.

(v) the Base Value shall be: (a) on the first occasion upon which the property shall be sold or leased in the circumstances described in sub-paragraph (i) hereof the Purchase Price being THREE HUNDRED AND FORTY FIVE THOUSAND POUNDS (£345,000).

(b) on the second and on any subsequent occasion upon which the property or parts shall be sold or leased a sum equal to the value of the property as hereinafter defined or the price paid by the Purchaser to the Vendor upon the then immediately proceeding sale whichever is the lesser.

(c) any dispute concerning sub-paragraph (4) or (5)(b) shall be referred to an Independent Chartered Surveyor acting as an expert whose decision will be final and binding and will be appointed by agreement between the parties or in default of agreement by or on behalf of the President of the Royal Institution of Chartered Surveyors on application of either party and whose fees including those of his appointment will be shared equally between the parties.

(vi) the value of the property shall be the value of the property in an undeveloped condition reflecting any potential development constraints but with the benefit of the Planning Permission referred to in sub-paragraph (i) above.