Section 174: Planning obligations

Planning Act 2008 · 2008 c. 29View on legislation.gov.uk

Part 9: Changes to existing planning regimes — Chapter 1: Changes related to development consent regime

TCPA 1990 is amended as follows.

In section 106 (planning obligations)—

after subsection (1) insert—1AIn the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.;
in subsection (9) after paragraph (a) insert—aaif the obligation is a development consent obligation, contains a statement to that effect;;
after subsection (13) insert—14In this section and section 106A "development consent obligation" means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.

In section 106A(11) (modification and discharge of planning obligations: meaning of "the appropriate authority") after paragraph (a) insert—

In section 106B(1) (appeals) after "an authority" insert ." (other than the Secretary of State or the Infrastructure Planning Commission) "

After section 106B insert—

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