Decision Maker: Corporate Director (Operational Services)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The S106 agreement between the Council and
Colne Housing Society does not contain a Mortgage Exclusion Clause
which is common practice today.
Colne Housing Society have requested that the S106 agreement be
varied to include a Mortgagee Exclusion Clause.
That the following 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 mortgagee or chargee or
any other person appointed under any security documentation to
enable such mortgagee or chargee to realise its security or any
administrator (however so appointed) including a housing
administrator(each a Receiver) of the whole or part of the
affordable dwellings or any persons or bodies deriving title
through such mortgagee or chargee or Receiver".
Option 1 - Agree to vary the said S106
agreement
Option 2 -
Option 3 -
Publication date: 20/12/2019
Date of decision: 20/12/2019