Change 1 Article Choose an article Title and introductory text 1 Local planning authorities: general. 2 Joint planning boards. 2A The Mayor of London: applications of potential strategic importance 2B Section 2A: supplementary provisions 2C Matters reserved for subsequent approval 2D Further provision about orders under section 2A 2E Section 2A and planning obligations under section 106 2F Representation hearings 3 Joint planning committee for Greater London. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A National Parks with National Park authorities. 5 The Broads. 6 Enterprise zones. 7 Urban development areas. 7ZA New towns 7A Mayoral development areas 8 Housing action areas. 8A The Homes and Communities Agency. 9 Power to make consequential and supplementary provision about authorities. 10 Application of Chapter I to Greater London and metropolitan counties. 10A Application of Chapter I in relation to Wales. 11 Survey of planning areas. 12 Preparation of unitary development plan. 12A Urban development corporations. 13 Public participation. 14 Withdrawal of unitary development plan. 15 Adoption of unitary development plan by local planning authority. 16 Local inquiries. 17 Direction to reconsider proposals. 18 Calling in of unitary development plan for approval by Secretary of State. 19 Approval of unitary development plan by Secretary of State. 20 Local inquiry, public examination and consultation by Secretary of State. 21 Alteration or replacement of unitary development plan. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21A “Greater London: conformity with spatial development strategy. 23 Joint unitary development plans. 23A Joint unitary development plans: Wales. 23B Unitary development plans for National Parks in Wales. 23C Joint unitary development plans for National Parks in Wales. 24 Disregard of certain representations. 25 Default powers. 26 Regulations and directions. 27 Meaning of “development plan” in Greater London and metropolitan counties. 27A Meaning of “development plan” in relation to Wales. 28 Commencement of Chapter I: transitional provisions. 28A Application of Chapter I in relation to Wales: transitional provisions. 29 Application of Chapter II to non-metropolitan areas in England. 30 Survey of planning areas. 31 Structure plans: continuity, form and content. 32 Alteration and replacement of structure plans. 33 Public participation. 34 Withdrawal of proposals for alteration and replacement of structure plans. 35 Adoption of proposals. 35A Calling in of proposals for approval by Secretary of State. 35B Examination in public. 35C Duties to notify authorities responsible for local plans 36 Local plans. 37 Minerals local plans. 38 Waste policies. 39 Alteration and replacement of local plans. 40 Public participation. 41 Powers of Secretary of State to secure adequate publicity and consultation. 42 Objections: local inquiry or other hearing. 43 Adoption of proposals. 44 Calling in of proposals for approval by Secretary of State. 45 Approval of proposals by Secretary of State. 46 Conformity between plans. 47 Alteration of structure plan. 48 Local plan to prevail in cases of conflict with structure plan. 49 Disregarding of representations with respect to development authorised by or under other enactments. 50 Joint structure and local plans. 51 Default powers. 51A Urban development corporations. 52 Reviews of plans in enterprise zones. 53 Supplementary provisions as to structure and local plans. 54 Meaning of “development plan” outside Greater London and the metropolitan counties. 54A Status of development plans. 55 Meaning of “development” and “new development”. 56 Time when development begun. 57 Planning permission required for development. 58 Granting of planning permission: general. 58A Permission in principle: general 59 Development orders: general. 59A Development orders: permission in principle 60 Permission granted by development order. 61 Development orders: supplementary provisions. 61A Local development orders 61B Intervention by Secretary of State or National Assembly 61C Permission granted by local development order 61D Effect of revision or revocation of development order on incomplete development 61DA Mayoral development orders 61DB Permission granted by Mayoral development order 61DC Preparation and making of Mayoral development order 61DD Revision or revocation of Mayoral development order 61DE Effect of revision or revocation on incomplete development 61E Neighbourhood development orders 61F Authorisation to act in relation to neighbourhood areas 61G Meaning of “neighbourhood area” 61H Neighbourhood areas designated as business areas 61I Neighbourhood areas in areas of two or more local planning authorities 61J Provision that may be made by neighbourhood development order 61K Meaning of “excluded development” 61L Permission granted by neighbourhood development orders 61M Revocation or modification of neighbourhood development orders 61N Legal challenges in relation to neighbourhood development orders 61O Guidance 61P Provision as to the making of certain decisions by local planning authorities 61Q Community right to build orders 61QA Street vote development orders 61QB Qualifying groups 61QC Meaning of “street area” 61QD Process for making street vote development orders 61QE Referendums 61QF Regulations: general provision 61QG Provision that may be made by a street vote development order 61QH Meaning of “excluded development” 61QI Permission granted by street vote development orders 61QJ Revocation or modification of street vote development orders 61QK Financial assistance in relation to street votes 61QL Street votes: connected modifications 61QM Interpretation 61W England: requirement to carry out pre-application consultation 61X Duty to take account of responses to consultation 61Y Power to make supplementary provision 61Z Wales: requirement to carry out pre-application consultation 61Z1 Wales: pre-application services 61Z2 Pre-application services: records and statement of services 62 Applications for planning permission or permission in principle. 62ZA Wales: notice that application is not valid 62ZB Right to appeal to Welsh Ministers against notice 62ZC Appeals under section 62ZB: determination by appointed person 62ZD Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person 62A When application may be made directly to Secretary of State 62B Designation for the purposes of section 62A 62C Notifying parish councils of applications under section 62A(1) 62E Notification of proposed application under section 62D 62F Developments of national significance: secondary consents 62G Developments of national significance: supplementary provision about secondary consents 62H Developments of national significance: meaning of secondary consent 62I Requirement to submit local impact report 62J Duty to have regard to local impact report 62K Local impact report: supplementary 62M Option to make application directly to Welsh Ministers 62N Designation for the purposes of section 62M 62O Option to make application to Welsh Ministers: connected applications 62P Applications to the Welsh Ministers: supplementary 62Q Notifying community councils of applications made to Welsh Ministers 62R Power to make provision by development order in respect of applications to Welsh Ministers 62S Exercise of functions by appointed person 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Notice etc. of applications for planning permission or permission in principle. 66 Notification of applications to owners and agricultural tenants. 67 Notification of applications for planning permission for mineral working. 68 Further provisions as to certificates under sections 65 to 67. 69 Register of applications etc 69A The register: additional requirements in relation to England 70 Determination of applications: general considerations. 70A Power of local planning authority to decline to determine applications. Power to decline to determine subsequent application. 70B Power to decline to determine overlapping application 70C Power to decline to determine retrospective application 70D Power to decline to determine applications in cases of earlier non-implementation etc 71 Consultations in connection with determinations under s. 70. 71ZA Decision notices: Wales 71ZB Notification of initiation of development and display of notice: Wales 71A Assessment of environmental effects. 72 Conditional grant of planning permission. 73 Determination of applications to develop land without compliance with conditions previously attached. 73A Planning permission for development already carried out. 74 Directions etc. as to method of dealing with applications. 74A Deemed discharge of planning conditions 74B Conditions relating to construction working hours 74C Effect of application under section 74B 74D Sections 74B and 74C: supplementary 75 Effect of planning permission or permission in principle. 75ZB Information about neighbourhood development plans 75A Provisions applying for purpose of applications made to the Welsh Ministers 76 Duty to draw attention to certain provisions for benefit of disabled. 76A Major infrastructure projects 76B Major infrastructure projects: inspectors 76C Provisions applying to applications made under section 62A 76D Deciding applications made under section 62A 76E Applications under section 62A: determination by Secretary of State 77 Reference of applications to Secretary of State. 78 Right to appeal against planning decisions and failure to take such decisions. 78A Appeal made: functions of local planning authorities 79 Determination of appeals. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Simplified planning zones. 83 Making of simplified planning zone schemes. 84 Simplified planning zone schemes: conditions and limitations on planning permission. 85 Duration of simplified planning zone scheme. 86 Alteration of simplified planning zone scheme. 87 Exclusion of certain descriptions of land or development. 88 Planning permission for development in enterprise zones. 89 Effect on planning permission of modification or termination of scheme. 90 Development with government authorisation. 90A Biodiversity gain in England 90B Condition relating to development progress reports in England 91 General condition limiting duration of planning permission. 92 Outline planning permission. 92A Extension of outline planning permission etc in event of legal challenge 93 Provisions supplementary to ss. 91 and 92. 93A Extension of certain planning permissions: automatic extension 93B Extension of certain planning permissions: additional environmental approval 93C Interpretation of sections 93A and 93B 93D Outline planning permission: automatic extension of time limits for application for approval 93E Outline planning permission: automatic extension of certain time limits for beginning development 93F Outline planning permission: extension of limits for beginning development with additional environmental approval 93G Commencement notices 93H Completion notices 93I Appeals against completion notices 93J Effect of completion notices 94 Termination of planning permission by reference to time limit: completion notices in Wales. 95 Effect of completion notice in Wales. 96 Power of Secretary of State to serve completion notices in Wales. 96A Power to make non-material changes to planning permission or permission in principle 97 Power to revoke or modify planning permission or permission in principle. 98 Procedure for s. 97 orders: opposed cases. 99 Procedure for s. 97 orders: unopposed cases. 100 Revocation and modification of planning permission or permission in principle by the Secretary of State. 100ZA Restrictions on power to impose planning conditions in England 100A Wales: consultation etc in respect of certain applications relating to planning permission 101 Power to refer certain planning questions to Planning Inquiry Commission. 102 Orders requiring discontinuance of use or alteration or removal of buildings or works. 103 Confirmation by Secretary of State of s. 102 orders. 104 Power of the Secretary of State to make s. 102 orders. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Planning obligations. 106A Modification and discharge of planning obligations. 106B Appeals in relation to applications under section 106A. 106BA Modification or discharge of affordable housing requirements 106BB Duty to notify the Mayor of London of certain applications under section 106BA 106BC Appeals in relation to applications under section 106BA 106C Legal challenges relating to development consent obligations 106D Legal challenges relating to infrastructure consent obligations 107 Compensation where planning permission or permission in principle revoked or modified. 108 Compensation for refusal or conditional grant of planning permission etc formerly granted by development order , local development order or neighbourhood development order. 109 Apportionment of compensation for depreciation. 110 Registration of compensation for depreciation. 111 Recovery of compensation under s. 107 on subsequent development. 112 Amount recoverable under s. 111 and provisions for payment or remission of it. 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Compensation for planning decisions restricting development other than new development. 115 Compensation in respect of orders under s. 102, etc. 116 Modification of compensation provisions in respect of mineral working etc. 117 General provisions as to compensation for depreciation under Part IV. 118 Determination of claims for compensation. 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Circumstances in which purchase notices may be served. 137A Purchase notices: Crown land 138 Circumstances in which land incapable of reasonably beneficial use. 139 Action by council on whom purchase notice is served. 140 Procedure on reference of purchase notice to Secretary of State. 141 Action by Secretary of State in relation to purchase notice. 142 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission. 143 Effect of Secretary of State’s action in relation to purchase notice. 144 Special provisions as to compensation where purchase notice served. 145 Counter-notice requiring purchase of remainder of agricultural unit. 146 Effect of counter-notice under s. 145. 147 Provisions supplemental to ss. 145 and 146. 147A Application of Chapter I to National Parks. 148 Interpretation of Chapter I. 149 Scope of Chapter II. 150 Notices requiring purchase of blighted land. 151 Counter-notices objecting to blight notices. 152 Further counter-notices where certain proposals have come into force. 153 Reference of objection to Upper Tribunal: general. 154 Effect of valid blight notice. 155 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire. 156 Withdrawal of blight notice. 157 Special provisions as to compensation for acquisitions in pursuance of blight notices. 158 Inclusion in blight notices of requirement to purchase parts of agricultural units unaffected by blight. 159 Objections to s. 158 notices. 160 Effect of notices served by virtue of s. 158. 161 Powers of personal representatives in respect of blight notice. 162 Power of mortgagees to serve blight notice. 163 Prohibition on service of simultaneous notices under ss. 150, 161 and 162. 164 Special provisions as to partnerships. 164A Power of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice served 165 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served. 165ZA Power of Greater London Authority to acquire land affected by designation of Mayoral development area where blight notice served 165A Power of Secretary of State to acquire land identified in national policy statements where blight notice served 165B Power of Welsh Ministers to acquire land identified in infrastructure policy statements where blight notice served 166 Saving for claimant’s right to sell whole hereditament, etc. 167 No withdrawal of constructive notice to treat. 168 Meaning of “owner-occupier” and “resident owner-occupier”. 169 “Appropriate authority” for purposes of Chapter II. 170 “Appropriate enactment” for purposes of Chapter II. 171 General interpretation of Chapter II. 171A Expressions used in connection with enforcement. 171B Time limits. 171BA Time limits in cases involving concealment 171BB Planning enforcement orders: procedure 171BC Making a planning enforcement order 171C Power to require information about activities on land. 171D Penalties for non-compliance with planning contravention notice. 171E Temporary stop notice 171F Temporary stop notice: restrictions 171G Temporary stop notice: offences 171H Temporary stop notice: compensation 172 Issue of enforcement notice. 172ZA Enforcement warning notice: England 172A Assurance as regards prosecution for person served with notice 173 Contents and effect of notice. 173ZA Enforcement warning notice: Wales 173A Variation and withdrawal of enforcement notices. 174 Appeal against enforcement notice. 175 Appeals: supplementary provisions. 176 General provisions relating to determination of appeals. 177 Grant or modification of planning permission on appeals against enforcement notices. 178 Execution and cost of works required by enforcement notice. 179 Offence where enforcement notice not complied with. 180 Effect of planning permission, etc., on enforcement or breach of condition notice. 181 Enforcement notice to have effect against subsequent development. 182 Enforcement by the Secretary of State. 183 Stop notices. 184 Stop notices: supplementary provisions. 185 Service of stop notices by Secretary of State. 186 Compensation for loss due to stop notice. 187 Penalties for contravention of stop notice. 187A Enforcement of conditions. 187B Injunctions restraining breaches of planning control. 188 Register of enforcement and stop notices and other enforcement action. 189 Penalties for contravention of orders under s. 102 and Schedule 9. 190 Enforcement of orders under s. 102 and Schedule 9. 191 Certificate of lawfulness of existing use or development. 192 Certificate of lawfulness of proposed use or development. 193 Certificates under sections 191 and 192: supplementary provisions. 194 Offences. 195 Appeals against refusal or failure to give decision on application. 196 Further provisions as to references and appeals to the Secretary of State. 196A Rights to enter without warrant. 196B Right to enter under warrant. 196C Rights of entry: supplementary provisions. 196D Offence of failing to obtain planning permission for demolition of unlisted etc buildings in conservation areas in England 196E Power to provide relief from enforcement of planning conditions 197 Planning permission to include appropriate provision for preservation and planting of trees. 198 Power to make tree preservation orders. 199 Form of and procedure applicable to orders. 200 Tree preservation orders: Forestry Commissioners and Natural Resources Body for Wales 201 Provisional tree preservation orders. 202 Power for Secretary of State to make tree preservation orders. 202A Tree preservation regulations: general 202B Tree preservation regulations: making of tree preservation orders 202C Tree preservation regulations: prohibited activities 202D Tree preservation regulations: consent for prohibited activities 202E Tree preservation regulations: compensation 202F Tree preservation regulations: registers 202G Tree preservation regulations: supplementary 203 Compensation in respect of tree preservation orders. 204 Compensation in respect of requirement as to replanting of trees. 205 Determination of compensation claims. 206 Replacement of trees. 207 Enforcement of duties as to replacement of trees. 208 Appeals against s. 207 notices. 209 Execution and cost of works required by s. 207 notice. 210 Penalties for non-compliance with tree preservation order regulations . 211 Preservation of trees in conservation areas. 212 Power to disapply s. 211. 213 Enforcement of controls as respects trees in conservation areas. 214 Registers of s. 211 notices. 214A Injunctions. 214B Rights to enter without warrant. 214C Right to enter under warrant. 214D Rights of entry: supplementary provisions. 215 Power to require proper maintenance of land. 216 Penalty for non-compliance with s. 215 notice. 217 Appeal against a section 215 notice. 218 Further appeal to the Crown Court: England 219 Execution and cost of works required by s. 215 notice. 220 Regulations controlling display of advertisements. 221 Power to make different advertisement regulations for different areas. 222 Planning permission not needed for advertisements complying with regulations. 223 Repayment of expense of removing prohibited advertisements. 224 Enforcement of control as to advertisements. 225 Power to remove or obliterate placards and posters. 225A Power to remove structures used for unauthorised display 225B Appeal against notice under section 225A 225C Remedying persistent problems with unauthorised advertisements 225D Right to appeal against notice under section 225C 225E Applying section 225C to statutory undertakers' operational land 225F Power to remedy defacement of premises 225G Notices under section 225F in respect of post boxes 225H Section 225F powers as respects bus shelters and other street furniture 225I Right to appeal against notice under section 225F 225J Remedying defacement at owner or occupier's request 225K Action under sections 225A, 225C and 225F: operational land 226 Compulsory acquisition of land for development and other planning purposes. 226A Compulsory acquisition of land by combined authorities and CCAs 227 Acquisition of land by agreement. 228 Compulsory acquisition of land by the Secretary of State for Housing, Communities and Local Government . 229 Appropriation of land forming part of common, etc. 230 Acquisition of land for purposes of exchange. 231 Power of Secretary of State to require acquisition or development of land. 232 Appropriation of land held for planning purposes. 233 Disposal by local or strategic authorities of land held for planning purposes. 234 Disposal by Secretary of State of land acquired under s. 228. 235 Development of land held for planning purposes. 236 Extinguishment of rights over land compulsorily acquired. 237 Power to override easements and other rights. 238 Use and development of consecrated land. 239 Use and development of burial grounds. 240 Provisions supplemental to ss. 238 and 239. 241 Use and development of open spaces. 242 Overriding of rights of possession. 243 Constitution of joint body to hold land for planning purposes. 244 Powers of joint planning boards under Part IX. 244A Powers of National Park authorities under Part IX. 245 Modification of incorporated enactments for purposes of this Part. 246 Interpretation of Part IX. 247 Highways affected by development: orders by Secretary of State. 248 Highways crossing or entering route of proposed new highway, etc. 249 Order extinguishing right to use vehicles on highway. 250 Compensation for orders under s. 249. 251 Extinguishment of public rights of way over land held for planning purposes. 252 Procedure for making of orders. 253 Procedure in anticipation of planning permission. 254 Compulsory acquisition of land in connection with highways. 255 Concurrent proceedings in connection with highways. 256 Telecommunication apparatus: orders by Secretary of State. 257 Footpaths , bridleways and restricted byways affected by development: orders by other authorities. 258 Extinguishment of public rights of way over land held for planning purposes. 259 Confirmation of orders made by other authorities. 260 Telecommunication apparatus: orders by or on application of other authorities. 261 Temporary stopping up of highways for mineral workings. 262 Meaning of “statutory undertakers”. 263 Meaning of “operational land”. 264 Cases in which land is to be treated as not being operational land. 265 Meaning of “the appropriate Minister”. 266 Applications for planning permission by statutory undertakers. 267 Conditional grants of planning permission. 268 Development requiring authorisation of government department. 269 Revocation or modification of permission to develop operational land. 270 Order requiring discontinuance of use etc. of operational land. 271 Extinguishment of rights of statutory undertakers: preliminary notices. 272 Extinguishment of rights of telecommunications code system operators: preliminary notices. 273 Notice for same purposes as ss. 271 and 272 but given by undertakers to developing authority. 274 Orders under ss. 271 and 272. 275 Extension or modification of functions of statutory undertakers. 276 Procedure in relation to orders under s. 275. 277 Relief of statutory undertakers from obligations rendered impracticable. 278 Objections to orders under ss. 275 and 277. 279 Right to compensation in respect of certain decisions and orders. 280 Measure of compensation to statutory undertakers, etc. 281 Exclusion of s. 280 at option of statutory undertakers. 282 Procedure for assessing compensation. 283 Display of advertisements on operational land. 284 Validity of development plans and certain orders, decisions and directions. 285 Validity of enforcement notices and similar notices. 286 Challenges to validity on ground of authority’s powers. 287 Proceedings for questioning validity of development plans and certain schemes and orders. 288 Proceedings for questioning the validity of other orders, decisions and directions. 289 Appeals to High Court relating to certain notices. 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 Special provisions as to decisions relating to statutory undertakers. 292 Special provisions as to orders subject to special parliamentary procedure. 292A Application to the Crown 293 Preliminary definitions. 293A Urgent Crown development: application to the Welsh Ministers 293B Urgent Crown development: applications to the Secretary of State 293C Urgent Crown development: determination of applications by the Secretary of State 293D Crown development: applications to the Secretary of State 293E Crown development: connected applications to the Secretary of State 293F Applications under section 293D or 293E: supplementary matters 293G Notifying parish councils of applications under section 293D(2) 293H Provisions applying to applications made under section 293D or 293E 293I Deciding applications made under section 293D or 293E 293J Applications under section 293D or 293E: determination by the Secretary of State 294 Control of development on Crown land: special enforcement notices. 295 Supplementary provisions as to special enforcement notices. 296 Exercise of powers in relation to Crown land. 296A Enforcement in relation to the Crown 296B References to an interest in land 297 Agreements relating to Crown land. 298 Supplementary provisions as to Crown and Duchy interests. 298A Applications for planning permission etc by Crown 299 Application for planning permission etc. in anticipation of disposal of Crown land. 299A Crown planning obligations. 300 Tree preservation orders in anticipation of disposal of Crown land. 301 Requirement of planning permission for continuance of use instituted by the Crown. 302 Enforcement in respect of war-time breaches of planning control by the Crown. 303 Fees for planning applications etc. 303ZZA Directions in relation to fees set by English local planning authorities etc 303ZZB Surcharge on planning fees 303ZA Fees for appeals 303A Responsibility of local planning authorities for costs of holding certain inquiries etc. 304 Grants for research and education. 304A Grants for advice and assistance 305 Contributions by Ministers towards compensation paid by local authorities. 306 Contributions by relevant authorities and statutory undertakers. 307 Assistance for acquisition of property where objection made to blight notice in certain cases. 308 Recovery from acquiring authorities of sums paid by way of compensation. 309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 Sums recoverable from acquiring authorities reckonable for purposes of grant. 311 Expenses of government departments. 312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 General provision as to receipts of Secretary of State. 314 Expenses of county councils. 314A Wales: duties relating to listed buildings and features of architectural or historic interest 315 Power to modify Act in relation to minerals. 316 Land of interested planning authorities and development by them. 316A Local planning authorities as statutory undertakers. 317 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 Ecclesiastical property. 319 The Isles of Scilly. 319ZZA Training: local planning authorities in England 319ZZB Training: certain mayoral planning functions 319ZZC Requirement for functions to be discharged by committee, sub-committee or officer 319ZZD Size and composition of committee discharging functions 319ZZE Sections 319ZZC and 319ZZD: supplementary 319ZZF Interpretation of sections 319ZZC to 319ZZE 319ZA Requirement for functions to be discharged by committee, sub-committee or officer 319ZB Size and composition of committee discharging functions 319ZC Sections 319ZA and 319ZB: supplementary 319ZD Interpretation of sections 319ZA to 319ZC 319A Determination of procedure for certain proceedings: England 319B Determination of procedure for certain proceedings: Wales 320 Local inquiries. 321 Planning inquiries to be held in public subject to certain exceptions. 321A Appointed representative: no inquiry 321B Special provision in relation to planning inquiries: Wales 322 Orders as to costs of parties where no local inquiry held. 322A Orders as to costs: supplementary. 322B Local inquiries in London: special provision as to costs in certain cases. 322C Costs: Wales 323 Procedure on certain appeals and applications: England. 323A Procedure for certain proceedings: Wales 324 Rights of entry. 325 Supplementary provisions as to rights of entry. 325A Rights of entry: Crown land 326 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327ZA Planning applications in England: powers as to form and content 327A Applications: compliance with requirements 328 Settled land .... 329 Service of notices. 329A Service of notices on the Crown 330 Power to require information as to interests in land. 330A Information as to interests in Crown land 331 Offences by corporations. 332 Combined applications. 333 Regulations and orders. 334 Licensing planning areas. 335 Act not excluded by special enactments. 336 Interpretation. 337 Short title, commencement and extent. SCHEDULE 1 Local Planning Authorities: Distribution of Functions SCHEDULE 1A Distribution of Local Planning Authority Functions: Wales SCHEDULE 2 Development Plans: Transitional Provisions SCHEDULE 3 Development Not Constituting New Development SCHEDULE 4 Special provisions as to land use in 1948 SCHEDULE 4A Local development orders: procedure SCHEDULE 4B Process for making of neighbourhood development orders SCHEDULE 4C Community right to build orders SCHEDULE 4D EXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH ... APPLICATIONS MADE TO THE WELSH MINISTERS SCHEDULE 5 Conditions relating to Mineral Working SCHEDULE 6 Determination of Certain Appeals by Person Appointed by Secretary of State SCHEDULE 7 Simplified Planning Zones SCHEDULE 7A Biodiversity gain in England SCHEDULE 8 Planning Inquiry Commissions SCHEDULE 9 Requirements relating to Discontinuance of Mineral Working SCHEDULE 10 Condition treated as applicable to rebuilding and alterations SCHEDULE 11 SCHEDULE 12 SCHEDULE 13 Blighted Land SCHEDULE 14 Procedure for footpaths and bridleways orders SCHEDULE 15 Preliminary SCHEDULE 16 Provisions of the Planning Acts referred to in Sections 314 to 319 SCHEDULE 17 Enactments Exempted from Section 333(6) Table of Derivations
What to do with it
As published
106A Modification and discharge of planning obligations.
(1) A planning obligation may not be modified or discharged except—
(a) by agreement between the authority by whom the obligation is enforceable the appropriate authority (see subsection (11)) and the person or persons against whom the obligation is enforceable; or
(b) in accordance with —
(i) this section and section 106B , or
(ii) sections 106BA and 106BC.
(2) An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.
(3) A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to the local planning authority by whom the obligation is enforceable the appropriate authority for the obligation—
(a) to have effect subject to such modifications as may be specified in the application; or
(b) to be discharged.
(4) In subsection (3) “ the relevant period ” means—
(a) such period as may be prescribed; or
(b) if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.
(5) An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.
(6) Where an application is made to an authority under subsection (3), the authority may determine—
(a) that the planning obligation shall continue to have effect without modification;
(b) if the obligation no longer serves a useful purpose, that it shall be discharged; or
(c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
(6A) Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—
(a) prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or
(b) give rise to a significant risk of that objective not being met in relation to any development.
(7) The authority shall give notice of their determination to the applicant within such period as may be prescribed.
(8) Where an authority determine under this section that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.
(9) Regulations may make provision with respect to—
(a) the form and content of applications under subsection (3);
(b) the publication of notices of such applications;
(c) the procedures for considering any representations made with respect to such applications; and
(d) the notices to be given to applicants of determinations under subsection (6).
(10) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.
(11) In this section “ the appropriate authority ” means—
(a) the Mayor of London or the mayor of a combined authority or combined county authority, in the case of any planning obligation enforceable by him;
(zaa) the Welsh Ministers, in the case of any infrastructure consent obligation;
(aa) the Secretary of State, in the case of any development consent obligation ...;
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in the case of any other planning obligation, the local planning authority by whom it is enforceable.
(12) The Mayor of London or the mayor of a combined authority or combined county authority must consult the local planning authority before exercising any function under this section.
Your wording
Your change, as a redline
106A Modification and discharge of planning obligations.
(1) A planning obligation may not be modified or discharged except—
(a) by agreement between the authority by whom the obligation is enforceable the appropriate authority (see subsection (11)) and the person or persons against whom the obligation is enforceable; or
(b) in accordance with —
(i) this section and section 106B , or
(ii) sections 106BA and 106BC.
(2) An agreement falling within subsection (1)(a) shall not be entered into except by an instrument executed as a deed.
(3) A person against whom a planning obligation is enforceable may, at any time after the expiry of the relevant period, apply to the local planning authority by whom the obligation is enforceable the appropriate authority for the obligation—
(a) to have effect subject to such modifications as may be specified in the application; or
(b) to be discharged.
(4) In subsection (3) “ the relevant period ” means—
(a) such period as may be prescribed; or
(b) if no period is prescribed, the period of five years beginning with the date on which the obligation is entered into.
(5) An application under subsection (3) for the modification of a planning obligation may not specify a modification imposing an obligation on any other person against whom the obligation is enforceable.
(6) Where an application is made to an authority under subsection (3), the authority may determine—
(a) that the planning obligation shall continue to have effect without modification;
(b) if the obligation no longer serves a useful purpose, that it shall be discharged; or
(c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it shall have effect subject to those modifications.
(6A) Except in such cases as may be prescribed, the authority may not under subsection (6) discharge or modify the planning obligation if the authority considers that doing so would—
(a) prevent the biodiversity gain objective referred to in paragraph 2 of Schedule 7A from being met in relation to any development, or
(b) give rise to a significant risk of that objective not being met in relation to any development.
(7) The authority shall give notice of their determination to the applicant within such period as may be prescribed.
(8) Where an authority determine under this section that a planning obligation shall have effect subject to modifications specified in the application, the obligation as modified shall be enforceable as if it had been entered into on the date on which notice of the determination was given to the applicant.
(9) Regulations may make provision with respect to—
(a) the form and content of applications under subsection (3);
(b) the publication of notices of such applications;
(c) the procedures for considering any representations made with respect to such applications; and
(d) the notices to be given to applicants of determinations under subsection (6).
(10) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to a planning obligation.
(11) In this section “ the appropriate authority ” means—
(a) the Mayor of London or the mayor of a combined authority or combined county authority, in the case of any planning obligation enforceable by him;
(zaa) the Welsh Ministers, in the case of any infrastructure consent obligation;
(aa) the Secretary of State, in the case of any development consent obligation ...;
(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in the case of any other planning obligation, the local planning authority by whom it is enforceable.
(12) The Mayor of London or the mayor of a combined authority or combined county authority must consult the local planning authority before exercising any function under this section.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.