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

(1)

Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act^f1 or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within a development area by a Corporation, 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, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act ^f2 in respect of a matter arising before that date, which relates to land within a development area, 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^f3 before the date of the coming into force of this Order which identifies the Corporation 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 Planning Act 2008 (c.29) and article 5 of S.I. 2006/1281; section 186 was amended by section 9(3) of, and paragraph 29 of Schedule 7 to, and Part 1 of Schedule 19 to, the 1991 Act and paragraph 206 of Schedule 1 to S.I. 2009/1307; sections 203 and 204 are repealed by section 192(6) of that Act on a date to be appointed.
f2: Section 100 was amended by paragraph 5 of Schedule 1 to the 1991 Act; section 202 is amended by paragraph 10 of Schedule 8 to the Planning Act 2008, and section 202(3) is repealed by section 192(5) of that Act, on a date to be appointed].
f3: 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.