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Section 106A of the Town and Country Planning Act 1990 enables a person against whom a planning obligation is enforceable to apply to the local planning authority to have the obligation modified or discharged.
These Regulations amend the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 (“the 1992 Regulations”), in relation to England. These Regulations do not affect the operation of the 1992 Regulations in relation to Wales.
Regulation 3 inserts regulation 2A into the 1992 Regulations. Subject to regulation 2A(3), the new provision prescribes a period of one month, beginning from the date on which regulation 2A comes into force, after which applications to modify or discharge planning obligations entered into on or before 6th April 2010 can be made.
Section 106A(4)(b) sets out a default period after which applications can be made to modify or discharge a planning obligation. Regulation 2A(3) prevents regulation 2A from applying if an earlier application could be made under the default period. The default period continues to apply to planning obligations entered into after 6th April 2010.
An impact assessment has been prepared in relation to these Regulations. It has been placed in the library of each House of Parliament and copies may be obtained from the Planning Directorate, Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU (contact: CIL@communtiies.gsi.gov.uk) or on the website: www.communities.gov.uk.
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