Planning and Compulsory Purchase Act 2004

46 Planning contribution E+W

(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).

[F1 (8) 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).]

Textual Amendments

F1 S. 46(8) inserted (23.10.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 36, 59(4)(b); S.I. 2008/582, art. 2(a)

Commencement Information

I1 S. 46 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2