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Town and Country Planning Act 1990
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Changes over time for: Section 106C
Alternative versions:
- 01/03/2010- Amendment
- 01/04/2012- Amendment
- 25/04/2013- Amendment
- 13/04/2015- Amendment
- 25/04/2024
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Point in time view as at 25/04/2024.
Changes to legislation:
Town and Country Planning Act 1990, Section 106C is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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106CLegal challenges relating to development consent obligationsE+W
(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).]
Textual Amendments
F1Words in s. 106C repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 77(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
F2Words in s. 106C(1) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(2)
F3Words in s. 106C(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(a)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F4Words in s. 106C(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(a)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F5S. 106C(1A) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(3)
F6Words in s. 106C(1A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F7Words in s. 106C(2)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F8Words in s. 106C(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F9Words in s. 106C(2) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(4)
F10S. 106C(3) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 6(5)
F11Words in s. 106C(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F12Words in s. 106C(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(2)(c)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
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