1- 9 Elbury View Fontmell Magna Dorset SP7 0QZ

Proposal

Request to modify Planning Obligation of section 106 agreement dated 9 September 1997 made under Section 106 of the Town and Country Planning Act 1990, against Planning application number 2/96/00531 (19) - to allow an additional clause 5 to be added to the third schedule ot the section 106 agreement as follows: The Third Schedule of 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 (howsoever appointed) including a housing administrator (each a Receiver)) of the whole or any part of the five low cost social housing units or any persons or bodies deriving title through such mortgagee or chargee or Receiver PROVIDED THAT: - such mortgagee or chargee or Receiver shall first give written notice to the Council of its intention to dispose of the five low cost social housing units and shall have used reasonable endeavours over a period of three months from the date of the written notice to complete a disposal of the five low cost social housing units to another registered provider or to the Council for a consideration not less than the amount due and outstanding under the terms of the relevant security documentation including all accrued principal monies, interest and costs and expenses; and - if such disposal has not completed within the three month period, the mortgagee, chargee or Receiver shall be entitled to dispose of the five low cost social housing units free from the provisions in this Agreement which provisions shall determine absolutely.