# The London Docklands Development Corporation (Planning Functions) Order 1997, Article 5: Liability for compensation in connection with planning functions; section 106 planning obligations


(1) Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the development area by the development corporation, the development corporation shall be liable for any compensation which is payable.
(2) Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act, which relates to land within the development area, and which is either in respect of a matter arising before 28th January 1998, or in respect of a matter arising in consequence of any determination made by the development corporation by virtue of article 4 above,—
(a) if the order is made or the notice is served before 25th March 1998, the development corporation shall be liable to pay any compensation arising from the order or notice; or
(b) if the order is made or the notice is served on or after 25th March 1998, the Secretary of State shall be so liable.
(3) A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act in relation to land within the development area which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall be enforceable by the authority.

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Source: https://www.legislation.gov.uk/uksi/1997/2946/article/5 (the official version)
Page: https://openlegislation.uk/london-docklands-development-corporation-planning-functions-order-1997/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.