Decision Maker: Corporate Director (Operational Services)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The S106 agreement for Ingram's Piece does not
include a Mortgagee Exclusion Clause which is common practice
today.
Colne Housing Society, who have affordable dwellings on the site,
have requested the S106 agreement be varied to include a Mortgagee
Exclusion Clause.
That the following Mortgagee Exclusion Clause
be included in the said S106 agreement:
"The affordable housing provisions in this Agreement shall not be
binding on a mortgagee or chargee or any Receiver (including an
administrative receiver appointed by such a mortgagee or chargee or
any other person appointed under any security documentation to
enable such a mortgagee or chargee to realise its security or any
administrator (however so appointed) including a housing
administrator (each a Receiver)) of the whole or any part of the
affordable dwellings or any persons or bodies deriving title
through such a mortgagee or chargee or Receiver".
Option 1 - Agree to variation of the said S106
agreement
Option 2 -
Option 3 -
Publication date: 20/12/2019
Date of decision: 20/12/2019