C1C2C3C4C5C6C7C8C9C10C11 Part III Control over development

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. 3 (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. 3 (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. 3 (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. 3 (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. 3 (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. 3 (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Pt. 3 (ss. 55-106) modified (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 4

Pt. 3 (ss. 55-106) modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), art. 21(1) (with arts. 3(5), 15(3))

Pt. 3 (ss. 55-106) applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121, Sch. 4 para. 3(2) (with s. 111); S.I. 2006/1281, art. 2

Pt. 3 (ss. 55-106) modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), art. 17(1) (with art. 43)

Pt. 3 (ss. 55-106) modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), art. 18(1)

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Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 10(1)

Other controls over development

106AF1Modification and discharge of planning obligations.

1

A planning obligation may not be modified or discharged except—

a

by agreement between F2the authority by whom the obligation is enforceableF2the appropriate authority (see subsection (11)) and the person or persons against whom the obligation is enforceable; or

b

in accordance with F7—

i

this section and section 106B F10, or

ii

sections 106BA and 106BC.

2

An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.

3

A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to F3the local planning authority by whom the obligation is enforceableF3the appropriate authority for the obligation—

a

to have effect subject to such modifications as may be specified in the application; or

b

to be discharged.

4

In subsection (3) “ the relevant period ” means—

a

such period as may be prescribed; or

b

if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.

5

An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.

6

Where an application is made to an authority under subsection (3), the authority may determine—

a

that the planning obligation shall continue to have effect without modification;

b

if the obligation no longer serves a useful purpose, that it shall be discharged; or

c

if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.

F116A

Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—

a

prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or

b

give rise to a significant risk of that objective not being met in relation to any development.

7

The authority shall give notice of their determination to the applicant within such period as may be prescribed.

8

Where an authority determine F8under this section that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.

9

Regulations may make provision with respect to—

a

the form and content of applications under subsection (3);

b

the publication of notices of such applications;

c

the procedures for considering any representations made with respect to such applications; and

d

the notices to be given to applicants of determinations under subsection (6).

10

Section 84 of the M1Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.

F411

In this section “ the appropriate authority ” means—

a

the Mayor of London, in the case of any planning obligation enforceable by him;

F5aa

the Secretary of State, in the case of any development consent obligation F6...;

F9ab

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in the case of any other planning obligation, the local planning authority by whom it is enforceable.

12

The Mayor of London must consult the local planning authority before exercising any function under this section.