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)

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.

(3)

In this regulation—

“planning obligation” means a planning obligation under section 106 of TCPA 1990 and includes a proposed planning obligation; and

“relevant determination” means a determination made on or after 6th April 2010—

(a)

under section 70, 76A or 77 of TCPA 199056 of an application for planning permission which is not an application to which section 73 of TCPA 1990 applies; or

(b)

under section 79 of TCPA 199057 of an appeal where the application which gives rise to the appeal is not one to which section 73 of TCPA 1990 applies.