106BF1Appeals [F2in relation to applications under section 106A].E+W
(1)Where [F3an authority]—[F4 (other than the Secretary of State F5...)]
(a)fail to give notice as mentioned in section 106A(7); or
(b)determine [F6under section 106A] that a planning obligation shall continue to have effect without modification,
the applicant may appeal to the Secretary of State.
(2)For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.
(3)An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.
(4)Subsections (6) to (9) of section 106A apply in relation to appeals to the Secretary of State under this section as they apply in relation to applications to authorities under that section.
(5)Before determining the appeal the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(6)The determination of an appeal by the Secretary of State under this section shall be final.
(7)Schedule 6 applies to appeals under this section.
[F7(8)In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.]
Textual Amendments
F1Ss. 106-106B substituted for s. 106 (25.10.1991 so far as substituting the new s. 106, 25.11.1991 for certain purposes and otherwise 9.11.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 12(1); S.I. 1991/2272, art. 3(1)(a); S.I. 1991/2728, art.2; S.I. 1992/2831, art. 2
F2Words in s. 106B heading inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 5(2)
F3Words in s. 106B(1) substituted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(6), 59; S.I. 2008/582, art. 2(a)
F4Words in s. 106B(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 174(4), 241 (with s. 226); S.I. 2010/101, art. 3(k) (with art. 6)
F5Words in s. 106B(1) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 77(3), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
F6Words in s. 106B(1)(b) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 5(3)
F7S. 106B(8) inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 34(7), 59; S.I. 2008/582, art. 2(a)