PART 11PLANNING OBLIGATIONS
Further limitations on use of planning obligationsI1123
1
This regulation applies where a relevant determination is made which results in planning permission being granted for development.
2
A planning obligation may not constitute a reason for granting planning permission for the development to the extent that the obligation provides for the funding or provision of relevant infrastructure.
3
A planning obligation (“obligation A”) may not constitute a reason for granting planning permission to the extent that—
a
obligation A provides for the funding or provision of an infrastructure project or type of infrastructure; and
b
five or more separate planning obligations that—
i
relate to planning permissions granted for development within the area of the charging authority; and
ii
which provide for the funding or provision of that project, or type of infrastructure,
have been entered into F1on or after 6th April 2010.
4
In this regulation—
“charging authority” means the charging authority for the area in which the development will be situated;
“funding” in relation to the funding of infrastructure, means the provision of that infrastructure by way of funding;
“determination” means a determination—
“planning obligation” means a planning obligation under section 106 of TCPA 1990 and includes a proposed planning obligation but does not include a planning obligation that relates to or is connected with the funding or provision of scheduled works within the meaning of Schedule 1 to the Crossrail Act 2008;
“relevant determination” means—
- a
in relation to paragraph (2), a determination made on or after the date when the charging authority’s first charging schedule takes effect, and
- b
in relation to paragraph (3), a determination made on or after 6th April 2014 or the date when the charging authority’s first charging schedule takes effect, whichever is earlier; and
- a
“relevant infrastructure” means—
- a
where a charging authority has published on its website a list of infrastructure projects or types of infrastructure that it intends will be, or may be, wholly or partly funded by CIL, those infrastructure projects or types of infrastructure, or
- b
where no such list has been published, any infrastructure.
- a