Planning and Compulsory Purchase Act 2004

47 Planning contribution: regulations E+W

(1) This section applies for the purpose of regulations made under section 46.

(2) Maximum and minimum amounts may be prescribed in relation to a payment falling within section 46(5)(a).

(3) Provision may be made to enable periodic adjustment of the criteria mentioned in section 46(3)(d).

(4) The local planning authority may be required to publish an annual report containing such information in relation to the planning contribution as is prescribed.

(5) If a document is prescribed for the purposes of section 46(3) the regulations may prescribe—

(a) the procedure for its preparation and the time at which it must be published;

(b) the circumstances in which and the procedure by which the Secretary of State may take steps in relation to the preparation of the document.

(6) Provision may be made for the enforcement by the local planning authority of the terms of a planning contribution including provision—

(a) for a person obstructing the taking of such steps as are prescribed to be guilty of an offence punishable by a fine not exceeding level 3 on the standard scale;

(b) for a person deriving title to the land from the contributor to be bound by the terms of the contribution;

(c) for a condition to be attached to any planning permission relating to the land requiring the contribution to be made before any development is started;

(d) for the enforcement of a planning contribution in respect of land which is Crown land within the meaning of section 293(1) of the principal Act.

(7) The regulations may—

(a) require the local planning authority to apply receipts from planning contributions made by the prescribed means only to purposes mentioned in section 46(3)(c);

(b) make provision for setting out in writing the terms of the planning contribution;

(c) make provision in relation to the modification or discharge of a planning contribution.

(8) The regulations may—

(a) make different provision in relation to the areas of different local planning authorities or different descriptions of local planning authority;

(b) exclude their application (in whole or in part) in relation to the area of one or more local planning authorities or descriptions of local planning authority.

Commencement Information

I1 S. 47 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2