Council planning record

The S106 currently requires the following amendments in order for our client to be able to a) firstly charge their properties and b) thereafter receive a higher MV-STT (market value subject to tenancies) valuation for them: - Paragraph 10.5 in Schedule 2 states not to dispose of any interest in the Transferred Land without first requiring the disponee to enter into covenants with the Transferor and this will catch a charge. We therefore propose to include '(other than by way of legal mortgage or charge)' after the wording 'Transferred Land' to resolve this issue as we are sure the intention of this clause would not have been to prohibit our client from charging their properties but to protect the use of the properties should the properties be sold. - The addition of a mortgagee exclusion clause

1-37 Churchmead Rogiet Caldicot Monmouthshire NP26 3TG

DecidedReference: DM/2022/01177Monmouthshire County Council

Last published check: 1 Oct 2026, 19:12. Check the council record for more recent changes.

Application location

1-37 Churchmead Rogiet Caldicot Monmouthshire NP26 3TG

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Application summary

Status
Decided
Application type
Section 106 Relaxation
Received
12 Aug 2022
Validated
12 Aug 2022
Determination deadline
7 Oct 2022
Local authority
Monmouthshire County Council

Application overview

The S106 currently requires the following amendments in order for our client to be able to a) firstly charge their properties and b) thereafter receive a higher MV-STT (market value subject to tenancies) valuation for them: - Paragraph 10.5 in Schedule 2 states not to dispose of any interest in the Transferred Land without first requiring the disponee to enter into covenants with the Transferor and this will catch a charge. We therefore propose to include '(other than by way of legal mortgage or charge)' after the wording 'Transferred Land' to resolve this issue as we are sure the intention of this clause would not have been to prohibit our client from charging their properties but to protect the use of the properties should the properties be sold. - The addition of a mortgagee exclusion clause

Proposal details

Reference
DM/2022/01177
Ward
Rogiet
Parish
Rogiet Community Council

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Documents 5 of 5

DocumentPublishedAction
S106 APPROVEDecision · PDF21 Feb 2023View
APPLICATION FORMApplication Form · PDF12 Aug 2022View
LOCATION PLANOS Extract · PDF12 Aug 2022View
SECTION 106 DATED 08.06.1998Other · PDF12 Aug 2022View
OFFICIAL COPY OF REGISTER TITLEOther · PDF12 Aug 2022View

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Application timeline

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  1. Application Received Date

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  2. Application Validated Date

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  3. Last Site Notice Posted Date

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  5. Determination Deadline

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  7. Decision Made Date

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  9. Permission Expiry Date

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Decision & conditions

Approve
S106 APPROVE
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