Scarborough gull proofing property scheme terms and conditions

1) North Yorkshire Council will contribute 50% (up to a maximum of £2,000) towards the costs of our contractor (East Coast Pest Control Ltd.) gull proofing the property.

2) The appropriate level of match funding will only be released once the applicant has paid our contractor the full cost of the proofing measures installed and satisfactory evidence, for instance, receipt of payment to our contractor, has been provided to the council.

3) Once council funding available for this scheme has been committed and spent, all other applications received will not be accepted.

4) The following criteria will be used to assess whether applications received to seagull proof properties will qualify for match funding (on the basis that the appropriate application for this scheme has been correctly completed and submitted to the council):

  1. The scheme only applies to properties located within Whitby, Scarborough or Filey “Town centres” as defined within the former Scarborough Borough Council “Local Plan”, as well as specified areas adjacent to seafronts in Scarborough and Filey. Boundary maps, illustrating the locations covered in this scheme are shown in Appendices A (Whitby), B (Scarborough) and C (Filey). Eligibility will apply either side of any road where the boundary line dissects on these maps and will be subject to a site survey
  2. All property types are included in the scheme– irrespective of size, height, or usage, for instance, commercial, residential or mixed use
  3. The applicant is satisfied that all required permission and consent (including without limitation planning permission and listed building consent) has been obtained for gull proofing measures to be installed, and has if requested provided evidence of the same to the council
  4. Properties that have already been seagull proofed will not qualify for “retrospective” match funding as part of this scheme
  5. Applicants must agree to use the council contractor (East Coast Pest Control Ltd.) to undertake appropriate seagull proofing works, based on the iron‐site assessment and quotation. Use of other contractors to carry out the same proofing measures will disqualify the applicant from the scheme
  6. If it is necessary to choose between competing applications, priority will be given to those which provide either the best monetary return and/or coverage in terms of area of property seagull proofed, and/or in a locality where council intelligence shows is a “hotspot” for either “gull muggings” or causing seagull mess

5) The applicant must accept our contractor’s on‐site assessment and quotation; if any extra works are done, over and beyond that quoted for by our contractor, it will be the responsibility of the applicant to pay for it.

6) North Yorkshire Council accepts no liability for:

 6.1 the on‐site assessment, quotation, and standard of installation of proofing measures (these will rest solely with the councils contractor)

 6.2 the effectiveness of proofing (we cannot guarantee that no seagulls will nest on any building)

 6.3 the upkeep/maintenance of proofing (this is the responsibility of the property owner/occupier)

 The applicant shall indemnify and hold harmless the council, its employees, agents, officers or contractors with respect to all claims, demands, actions, costs, expenses, losses, damages and all other liabilities arising from or incurred by reason of the actions and/or omissions of the applicant or the applicant’s obligations to third parties.

7) These terms do not and are not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999.

8) These terms shall be governed by and construed in accordance with the law of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.