PART 11PLANNING OBLIGATIONS
Limitation on use of planning obligations122.
(1)
This regulation applies where a relevant determination is made which results in planning permission being granted for development.
(2)
F1Subject to paragraph (2A), a planning obligation may only constitute a reason for granting planning permission for the development if the obligation is—
(a)
necessary to make the development acceptable in planning terms;
(b)
directly related to the development; and
(c)
fairly and reasonably related in scale and kind to the development.
F2(2A)
Paragraph (2) does not apply in relation to a planning obligation which requires a sum to be paid to a local planning authority in respect of the cost of monitoring (including reporting under these Regulations) in relation to the delivery of planning obligations in the authority’s area, provided—
(a)
the sum to be paid fairly and reasonably relates in scale and kind to the development; and
(b)
the sum to be paid to the authority does not exceed the authority’s estimate of its cost of monitoring the development over the lifetime of the planning obligations which relate to that development.
(3)
In this regulation—
“planning obligation” means a planning obligation under section 106 of TCPA 1990 and includes a proposed planning obligation; and