# The Urban Development Corporations (Planning Functions) Order 2012, 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 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 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 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.

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Source: https://www.legislation.gov.uk/uksi/2012/535/article/5 (the official version)
Page: https://openlegislation.uk/urban-development-corporations-planning-functions-order-2012/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

