Planning and Compulsory Purchase Act 2004

Planning contributionE+W

46Planning contributionE+W

(1)The Secretary of State may, by regulations, make provision for the making of a planning contribution in relation to the development or use of land in the area of a local planning authority.

(2)The contribution may be made—

(a)by the prescribed means,

(b)by compliance with the relevant requirements, or

(c)by a combination of such means and compliance.

(3)The regulations may require the local planning authority to include in a development plan document (or in such other document as is prescribed)—

(a)a statement of the developments or uses or descriptions of development or use in relation to which they will consider accepting a planning contribution;

(b)a statement of the matters relating to development or use in relation to which they will not consider accepting a contribution by the prescribed means;

(c)the purposes to which receipts from payments made in respect of contributions are (in whole or in part) to be put;

(d)the criteria by reference to which the value of a contribution made by the prescribed means is to be determined.

(4)The regulations may make provision as to circumstances in which—

(a)except in the case of a contribution to which subsection (3)(b) applies, the person making the contribution (the contributor) must state the form in which he will make the contribution;

(b)the contribution may not be made by compliance with the relevant requirements if it is made by the prescribed means;

(c)the contribution may not be made by the prescribed means if it is made by compliance with the relevant requirements;

(d)a contribution must not be made.

(5)The prescribed means are—

(a)the payment of a sum the amount and terms of payment of which are determined in accordance with criteria published by the local planning authority for the purposes of subsection (3)(d),

(b)the provision of a benefit in kind the value of which is so determined, or

(c)a combination of such payment and provision.

(6)The relevant requirements are such requirements relating to the development or use as are—

(a)prescribed for the purposes of this section, and

(b)included as part of the terms of the contribution,

and may include a requirement to make a payment of a sum.

(7)Development plan document must be construed in accordance with section 37(3).

47Planning contribution: regulationsE+W

(1)This section applies for the purpose of regulations made under section 46.

(2)Maximum and minimum amounts may be prescribed in relation to a payment falling within section 46(5)(a).

(3)Provision may be made to enable periodic adjustment of the criteria mentioned in section 46(3)(d).

(4)The local planning authority may be required to publish an annual report containing such information in relation to the planning contribution as is prescribed.

(5)If a document is prescribed for the purposes of section 46(3) the regulations may prescribe—

(a)the procedure for its preparation and the time at which it must be published;

(b)the circumstances in which and the procedure by which the Secretary of State may take steps in relation to the preparation of the document.

(6)Provision may be made for the enforcement by the local planning authority of the terms of a planning contribution including provision—

(a)for a person obstructing the taking of such steps as are prescribed to be guilty of an offence punishable by a fine not exceeding level 3 on the standard scale;

(b)for a person deriving title to the land from the contributor to be bound by the terms of the contribution;

(c)for a condition to be attached to any planning permission relating to the land requiring the contribution to be made before any development is started;

(d)for the enforcement of a planning contribution in respect of land which is Crown land within the meaning of section 293(1) of the principal Act.

(7)The regulations may—

(a)require the local planning authority to apply receipts from planning contributions made by the prescribed means only to purposes mentioned in section 46(3)(c);

(b)make provision for setting out in writing the terms of the planning contribution;

(c)make provision in relation to the modification or discharge of a planning contribution.

(8)The regulations may—

(a)make different provision in relation to the areas of different local planning authorities or different descriptions of local planning authority;

(b)exclude their application (in whole or in part) in relation to the area of one or more local planning authorities or descriptions of local planning authority.

48Planning contribution: WalesE+W

In relation to land in Wales, sections 46 and 47 apply subject to the following modifications—

(a)references to the Secretary of State must be construed as references to the National Assembly for Wales;

(b)the reference to a development plan document must be construed as a reference to a local development plan (within the meaning of section 62).