Part 4Development control
Planning contribution
I146Planning contribution
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).
F18
The regulations may include provision for the making of a planning contribution in circumstances where the Mayor of London is the local planning authority by virtue of a direction given under section 2A of the principal Act (applications of potential strategic importance).
I247Planning contribution: regulations
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.
I348Planning contribution: Wales
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).