Agenda item

Approved.

The Committee considered the report and without debate RESOLVED that the Head of Regulatory Services be authorised to enter into a Deed of Variation under section 106A of the Town and Country Planning Act 1990 (as amended), to vary the legal agreement completed on 4 January 2012 in respect of planning permission P0954.11.

The variation should be as follows:

i)          To amend the definition of “Chargee” as set out on page 3 of the legal

agreement to: “Any mortgagee or chargee of the Registered Social Landlord or the successors in title to such 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”;

ii)         To amend clause 4.1 (b) to read “Should not bind any Chargee of an Affordable Housing Unit;

iii)        To delete clause 4.2 and replace as follows:

            Any Chargee should prior to seeking to dispose of the Affordable Housing Unit pursuant to any default under the terms of its mortgage or charge give not less than one months prior notice to the Council or its intention to dispose and:

            (a) In the event that the Council responded within one month from receipt of the notice indicating that arrangements for the transfer of the Affordable Housing  Unit can be made in such a way as to safeguard them as Affordable Housing for a consideration not less than the amount due and outstanding to the Chargee under the terms of the mortgage or charge including all accrued principal monies, interest and costs and expenses incurred by the Chargee in respect of the mortgage or charge then the Chargee should co-operate with such arrangements and use reasonable endeavours to complete such transfer

            (b) if the Council did not serve its response to the notice served under paragraph 4.2 (a) within the one month then the Chargee should be entitled to dispose free of the restrictions set out in this Part of the Third Schedule which shall from the time of completion of the disposal cease to apply

            (c) if the Council or any other person could not within two months of the date of service of its response under paragraph 4.4 (a) complete such transfer for a consideration not less than the amount due and outstanding to the Chargee under the terms of the mortgage or charge including all accrued principal monies, interest and costs and expenses incurred by the Chargee in respect of the mortgage or charge then provided that the Chargee shall have complied with its obligations under paragraph 4.2 (a) the Chargee should be entitled to dispose free of the restrictions set out in this Part of the Third Schedule which should from the time of completion of the disposal cease to apply

            PROVIDED THAT at all times the rights and obligations in this paragraph 4.2 should not require the Chargee to act contrary to its duties under the charge or mortgage and that the Council must give full consideration to protecting the interest of the Chargee in respect of monies outstanding under the charge or mortgage.   

The Developer and/or Owner to bear the Council’s legal costs in respect of the preparation of the Deed of Variation irrespective of whether the matter was completed.

Save for the variation to the clauses set out above and any necessary consequential amendments to the legal agreement dated 4 January 2012 all recitals, terms, covenants and obligations in the said agreement should remain unchanged.

The planning obligations recommended in the report have been subject to the

statutory tests set out in Regulation 122 of the Community Infrastructure Levy

Regulations 2010 and the obligations were considered to have satisfied the

following criteria:-

(a)          Necessary to make the development acceptable in planning terms;

(b)          Directly related to the development; and

(c)          Fairly and reasonably related in scale and kind to the development.