The Planning and Compensation Act 1991 (Commencement No. 3) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Planning and Compensation Act 1991.

Article 2 brings into force, on 13th October 1991, section 6and section 61, so far as it relates to paragraph 45 of Schedule 13, of the 1991 Act. Section 6(6) amends section 303(3) of the Town and Country Planning Act 1990, which enables fees to be imposed in respect of deemed applications for planning permission. Section 61 and paragraph 45 of Schedule 13 amend section 87(3) of the Local Government, Planning and Land Act 1980 (c. 65), which contains an equivalent enabling provision with respect to Scotland.

Article 3 brings into force, on 25th October 1991, section 12(1) of the 1991 Act, so far as it replaces section 106 of the 1990 Act with a substitute section 106, together with sections 12(2) and 12(3). The substituted section 106 introduces the concept of planning obligations and contains more extensive powers than the previous section relating to planning agreements. Sections 12(2) and (3) make provision in respect of the application of planning obligations to Crown land. Article 3 also brings into force certain minor and consequential amendments, including one amendment to taxation legislation applying throughout the United Kingdom.