Decision details

Decision Maker: Corporate Director (Operational Services)

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

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.

Decision:

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".

Alternative options considered:

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