Part 4Development control

Planning contribution

I146Planning contribution

1

The Secretary of State may, by regulations, make provision for the making of a planning contribution in relation to the development or use of land in the area of a local planning authority.

2

The contribution may be made—

a

by the prescribed means,

b

by compliance with the relevant requirements, or

c

by a combination of such means and compliance.

3

The regulations may require the local planning authority to include in a development plan document (or in such other document as is prescribed)—

a

a statement of the developments or uses or descriptions of development or use in relation to which they will consider accepting a planning contribution;

b

a statement of the matters relating to development or use in relation to which they will not consider accepting a contribution by the prescribed means;

c

the purposes to which receipts from payments made in respect of contributions are (in whole or in part) to be put;

d

the criteria by reference to which the value of a contribution made by the prescribed means is to be determined.

4

The regulations may make provision as to circumstances in which—

a

except in the case of a contribution to which subsection (3)(b) applies, the person making the contribution (the contributor) must state the form in which he will make the contribution;

b

the contribution may not be made by compliance with the relevant requirements if it is made by the prescribed means;

c

the contribution may not be made by the prescribed means if it is made by compliance with the relevant requirements;

d

a contribution must not be made.

5

The prescribed means are—

a

the payment of a sum the amount and terms of payment of which are determined in accordance with criteria published by the local planning authority for the purposes of subsection (3)(d),

b

the provision of a benefit in kind the value of which is so determined, or

c

a combination of such payment and provision.

6

The relevant requirements are such requirements relating to the development or use as are—

a

prescribed for the purposes of this section, and

b

included as part of the terms of the contribution,

and may include a requirement to make a payment of a sum.

7

Development plan document must be construed in accordance with section 37(3).

F18

The regulations may include provision for the making of a planning contribution in circumstances where the Mayor of London is the local planning authority by virtue of a direction given under section 2A of the principal Act (applications of potential strategic importance).