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Section 106C: Legal challenges relating to development consent obligations

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part III: Control over development

A court may entertain proceedings for questioning a failure by the Secretary of State ... to give notice as mentioned in section 106A(7) or 106BA(9) only if—

the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) or 106BA(9) ends.

If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with the day after the expiry of the period mentioned in that subsection that applies in the applicant's case.

A court may entertain proceedings for questioning a determination by the Secretary of State ... that a planning obligation shall continue to have effect without modification only if—

the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7) or 106BA(9).

A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—

the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106BA(9).

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.