Dated 20 /j
HASTOE HOUSING ASSOCIATION LIMITED (1)
-and-
MID SUSSEX DISTRICT COUNCIL (2)
SUPPLEMENTAL NOMINATION AGREEMENT
relating to land on the west side of Turners Hill Road, Crawley Down, West Sussex (Land Registry Title Number WSX360437)
Tom Clark Solicitor to the Council Mid Sussex District Council , "Oaklands", Oaklands Road, Haywards Heath, West Sussex. RH16 1 SS
000345
Page 1 THIS SUPPLEMENTARY NOMINATION AGREEMENT is made the 2t/" day of !fare/. 20 /~
BETWEEN 1. HASTOE HOUSING ASSOCIATION LIMITED a Registered Society with number
16243Rof whose registered office is at Marina House, 17 Marina Place, Hampton
Wick, Kingston U[pon Thames, Surrey, KT1 4BH {hereinafter called "the Registered
Provider") of the one part; and
2. MID SUSSEX DISTRICT COUNCIL of "Oaklands" Oaklands Road Haywards Heath
West Sussex (hereinafter called "the District Council") of the other part
RECITALS
{1) The Registered Provider and the District Council entered into a Nomination
Agreement dated 17 November 2014 ("the Nomination Agreement") in relation to
application reference 13/01146/FUL ("the Planning Permission"), pursuant to the
provisions of the Section 106 Agreement the Registered Provider agreed to grant to
the District Council the nomination rights hereinafter contained in respect of the
Affordable Housing Units.
(2) The Registered Provider subsequently made an application under section 73 of the
Town and Country Planning Act 1990 (as amended) under application number
14/03665/CND to vary condition 7 of the Planning Permission to substitute existing
approved drawing reference number PMC02-001_N with new drawing reference
number PMC02001_P depicting an alternative drainage strategy ("the Revised
Planning Permission").
(3) At its meeting of 18 December 2014 the District Council resolved to grant the
Revised Planning Permission to carry out the Development subject only to the
conditions and the Section 106 Agreement.
{4) The parties agree to vary such Nomination Agreement as set out herein.
MC I 000514 I 046231 I Version : 0.4 Page2 MC, NOW THIS AGREEMENT WITNESSETH as follows:-
1. Definitions and Interpretations
Save as otherwise provided herein words phrases and expressions in this
Agreement (including Recitals) shall have the same meaning as those contained in
the Nomination Agreement as though they were contained in and formed part of this
Agreement.
2. Supplemental to the Nomination Agreement
2.1 It is hereby agreed and declared by the parties that with effect from the date
hereof the Nomination Agreement shall be varied as shown at Schedule 1 to
this Agreement.
2.2 It is hereby agreed and declared by the parties hereto that except for
modifications as set out in Schedule 1 hereto the provisions of the
Nomination Agreement shall remain in full force and effect.
2.3 The Registered Provider shall pay the District Council's reasonable legal
costs for the negotiation and completion of this Agreement.
SCHEDULE 1
1 . Deletion of "Affordable Housing Units" in clause 1 (a) and its replacement with the
following definition:
"Affordable Housing Units" means the twenty-six (26) units of residential
accommodation together with forty-two (42) associated car parking spaces and
gardens/ amenity land which are on the Land pursuant to planning permission under
reference 13/01146/FUL and/ or 14/03655/CND ("the Planning Permissions") and
which are to be occupied as Affordable Housing by a Nominee or Other Eligible e2
MC I 000514 I 046231 I Version : 0.4 Page 3 Person in accordance with this Agreement, the Section 106 Agreement, the Local
Connection Criteria and "Affordable Housing Unit" is any part of the Affordable
Housing Units capable of separate occupation.
2. Definition of "Lease" under clause 1 (a) is to be deleted and its replacement with the
following definition:
"Lease" means a shared ownership lease drawn in accordance with the guidelines
and requirements of the Homes and Communities Agency and substantially in the
form of the appropriate model lease published by the Homes and Communities
Agency (as may be amended from time to time) and which lease shall restrict the
amount of equity of the Affordable Housing Units that may be purchased by a
Nominee or Other Eligible Person (known as staircasing) to a maximum of 80% of
the value of the Unit.
3. Definition of "Section 106 Agreement" under clause 1 (a) is to be amended to include
the following:
"and as amended by a Second Deed of Variation dated 11 March 2015 made
between (1) Mid Sussex District Council (in its capacity as local planning authority)
and (2) West Sussex County Council and (3) Hastoe Housing Association Limited.
4. All references in the Nomination Agreement to the words "Planning Permission" shall
be deleted and replaced with the words "Planning Permissions".
5. All references in the Nomination Agreement to the words "initial grant" shall be
deleted and replaced with the word "grant".
MC I 000514 / 046231 I Version : 0.4 Page4 lite / IN WITNESS whereof the parties hereto have duly executed this document as a Deed this
day and year first before written
THE COMMON SEAL of the MID SUSSEX DISTRICT COUNCIL was hereunto affixed in the presence. of:-
~}~ Authorised Officer
THE COMMON SEAL of HASTOE HOUSING ASSOCIATION LIMITED was hereunto affixed in the presence of:-
Authorised Signatory
Authorised Signatory
1age 4 Page 5 I 000514 I 046231 I Version : 0.4