Part III Control over development

Other controls over development

106CLegal challenges relating to development consent obligations

(1)

A court may entertain proceedings for questioning a failure by the Secretary of State F1... to give notice as mentioned in section 106A(7) F2or 106BA(9) only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F3before the end of the period of 6 weeks beginning with F4the day after the day on which the period prescribed under section 106A(7) F2or 106BA(9) ends.

F5(1A)

If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with F6the day after the expiry of the period mentioned in that subsection that applies in the applicant's case.

(2)

A court may entertain proceedings for questioning a determination by the Secretary of State F1... that a planning obligation shall continue to have effect without modification only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F7before the end of the period of 6 weeks beginning with F8the day after the day on which notice of the determination is given under section 106A(7) F9or 106BA(9).

F10(3)

A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F11before the end of the period of 6 weeks beginning with F12the day after the day on which notice of the determination is given under section 106BA(9).