Article 5 Liability for compensation in connection with planning functions; section 106 obligations

(1)

Where a right to compensation arises under section 107, 108 or 115 of the 1990 Act^f1 in consequence of action taken in relation to land designated under the 2004 Order^f2, the authority shall be liable for any compensation which is payable.

(2)

Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100 or 104 of the 1990 Act^f3 in respect of a matter arising before that date, which relates to land designated under the 2004 Order, the Secretary of State shall be liable to pay any compensation arising from the order or notice.

(3)

A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act^f4 before the date of the coming into force of this Order which identifies the HCA as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.

Annotations

Footnotes

f1: Section 107 was amended by paragraph 8 of Schedule 1 to, and paragraph 13 of Schedule 6 to, the 1991 Act; section 108 was amended by section 13(3) of that Act, section 40(2) of , and paragraph 6 of Schedule 6 to, the 2004 Act, section 189 of the 2008 Act (c.29), section 121 of, and paragraphs 1 and 15 to Schedule 12 to, the Localism Act, and article 5 of S.I. 2006/1281.
f2: Article 3 of the 2004 Order designated a number of areas in Milton Keynes under section 170 of the Leasehold Reform, Housing and Urban Development Act 1993.
f3: Section 100 was amended by paragraph 5 of Schedule 1 to the 1991 Act.
f4: Section 106 was substituted by section 12 of the 1991 Act, and is amended by section 33 of the Greater London Authority Act 2007 (c.24) and section 174 of the Planning Act 2008.