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Swale Borough Council

26/503686/MOD106

Land At Ceres Court Wild Ash Croft Sittingbourne Kent

Pending

Modification by mutual agreement of s106 Planning Agreement dated 10th June 2016 relating to 15/508661/FULL to amend the definition of Chargee at Clause 1.1 "Chargee" 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); Paragraph 4.1.5 of Schedule 1 shall be deleted in its entirety and replaced with the following: '4.1.5. any Chargee of the whole or any part of the Affordable Housing Units or any persons or bodies deriving title through such Chargee PROVIDED THAT: 4.1.5.1 such Chargee shall first give written notice to the Council of its intention to dispose of the Affordable Housing Units; and 4.1.5.2 shall have used reasonable endeavours over a period of three months from the date of the written notice to complete a disposal of the Affordable 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 4.1.5.3 if such disposal has not completed within the three-month period, the Chargee shall be entitled to dispose of the Affordable Housing Units free from the Affordable Housing provisions in this Agreement which provisions shall determine absolutely.'

Type
—
Submitted
24 Sep 2026
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