Paragraph 5 Transitional provision: section 106 planning obligations

Where before the commencement date a planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act^f1—

(a)

relates to any land in the original development area, and

(b)

identifies the LLDC as the local planning authority by whom that obligation is enforceable,

that obligation is enforceable by the successor authority for the area to which it relates.

Annotations

f1: Section 106 was substituted by section 12 of the Planning and Compensation Act 1991, and was amended by section 33 of the Greater London Authority Act 2007, by section 174 of the Planning Act 2008, by paragraph 3 of Schedule 2 to the Growth and Infrastructure Act 2013 and by paragraph 3(13) of Schedule 14 to the Environment Act 2021 (c. 30). It is prospectively amended by section 158(3) of the Housing and Planning Act 2016 and by section 98(2) of the Infrastructure (Wales) Act 2024 (asc 3) from a date and time to be appointed.