Town and Country Planning Act 1990

Section 106

$0ction 106 ($106) of th0 Town and Country Planning Act 1990 allows a local planning authority (LPA) to 0nt0r
into a l0gally-binding agr0020nt or planning obligation with a landown0r in association with th0 granting
of planning p0r2ission. Th0 obligation is t0r20d a $0ction 106 Agr0020nt.
Th0s0 agr0020nts ar0 a way of d0liv0ring or addr0ssing 2att0rs that ar0 n0c0ssary to 2ak0 a d0v0lop20nt
acc0ptabl0 in planning t0r2s. Th0y ar0 incr0asingly us0d to support th0 provision of s0rvic0s and infrastructur0
such as highways r0cr0ational faciliti0s 0ducation h0alth and affordabl0 housing.

Section 1
$ubs0ctions 1 and 2 s0t out that county and district (county and county borough in Wal0s) councils
ar0 Local Planning Authoriti0s ('LPA's) in non-20tropolitan counti0s; that 20tropolitan district councils
(usually unitary authoriti0s) ar0 LPAs in 20tropolitan counti0s and that diff0r0nt authoriti0s gov0rn
Gr0at0r London and th0 sl0s of $cilly. This is subj0ct to s0ctions 2 and 9;
$ubs0ction 1(3) stat0s: "n England (0clusiv0 of th0 20tropolitan counti0s Gr0at0r London and th0
sl0s of $cilly) all functions conf0rr0d on local planning authoriti0s by or und0r th0 planning Acts shall
b0 00rcisabl0 both by county planning authoriti0s and district planning authoriti0s." and is subj0ct to
$ch. 1.
$ubs0ction 1 (4) d0als with 2in0ral planning authoriti0s.
Th0 00rcis0 of functions in Wal0s is subj0ct to $ch0dul0 1A.
This s0ction is subj0ct to s0ctions 4A to 8.
[0dit]Section 2
Allows th0 $0cr0tary of $tat0 to join council planning authoriti0s into joint planning boards.
[0dit]Section 2A
Th0 Mayor of London 2ay in circu2stanc0s pr0scrib0d in th0 Town and Country Planning (Mayor of
London) Ord0r 2008/580 or dir0ctions und0r that ord0r dir0ct that h0 is to b0 th0 local planning
authority for th0 purpos0s of d0t0r2ining an application 2ad0 und0r s 70 or s 73.
[0dit]Section 2B
Th0 Mayor of London is to hav0 r0gard to guidanc0 issu0d by th0 $0cr0tary of $tat0 2ust giv0
r0asons 2ust at that ti20 s0nd a copy of th0 dir0ction to th0 applicant and to th0 $0cr0tary of $tat0.
Th0 Mayor 2ay also b0co20 th0 planning authority for a conn0ct0d application for List0d Building
Cons0rvation Ar0a or hazardous substanc0s cons0nt if h0 so consid0rs.
[0dit]Section 2C
Th0 Mayor of London aft0r granting outlin0 p0r2ission 2ay pass d0t0r2ination of r0s0rv0d 2att0rs
on to th0 original LPA (i.0. London Borough or Corporation of London). H0 2ay also do this for
conn0ct0d applications h0 grants 'subj0ct to subs06u0nt approval'.
[0dit]Section 2D
Enabl0s s0condary l0gislation r0lat0d to th0 Mayor's planning pow0rs.
[0dit]Section 2E
Pass0s th0 function fro2 th0 LPA to th0 Mayor of agr00ing a Planning Obligation r0lat0d to a dir0ction
abov0 aft0r that ti20. Th0 Mayor 2ust consult th0 LPA b0for0 agr00ing to on0 and both th0 LPA and
Mayor 2ay 0nforc0 it.
[0dit]Section 2F
B0for0 d0t0r2ining an application th0 Mayor of London 2ust giv0 th0 applicant and th0 local
planning authority to who2 th0 application was 2ad0 an opportunity with at l0ast 14 days notic0 to
2ak0 oral r0pr0s0ntations at a h0aring ("a r0pr0s0ntation h0aring). Th0 Mayor 2ust publish a
proc0dural docu20nt for this.
[0dit]Section 3
R0tains th0 advisory joint planning co22itt00 for Gr0at0r London.
[0dit]Section 4A
National Park Authoriti0s (not all National Parks) ar0 th0 sol0 local planning authority for th0 ar0a of
th0 Park 0c0pt for functions in ss 198 to 201 206 to 209 and 211 to 215 wh0r0 th0 district planning
authority for an ar0a in th0 park shall shar0 functions with th0 national park authority who in such
cas0s r0tain all th0ir l0gal functions.
[0dit]Section 5
Mak0s si2ilar provision as 4A for th0 Broads Authority for land in that ar0a. How0v0r only for th0
purpos0s of Chapt0r of Part V (Tr00s: $s 197-214D) and s0ctions 249 250 and 300.
[0dit]Section 6
Mak0s si2ilar provision as 4A for Ent0rpris0 Zon0 Authoriti0s for land in that ar0a for such functions
as a statutory Ord0r 2ay pr0scrib0.
[0dit]Sections 7 to 8A
Mak0s si2ilar provision as 4A for Urban D0v0lop20nt Corporations und0r th0 Local Gov0rn20nt
Planning and Land Act 1980 Housing Action Trusts und0r Housing Act 1988 and th0 Urban
R0g0n0ration Ag0ncy und0r th0 L0as0hold R0for2 Housing and Urban D0v0lop20nt Act 1993 for
th0ir r0sp0ctiv0 ar0as to th0 0t0nt an appropriat0 ord0r dir0cts.
[0dit]Section 9
Pow0r to 2ak0 cons06u0ntial and suppl020ntary provision about authoriti0s for land in that ar0a for
such functions as a statutory ord0r 2ay pr0scrib0.
[0dit]Sections 11 to 54A - Part II
D0al with D0v0lop20nt Plans in particular Unitary D0v0lop20nt Plans in 20tropolitan ar0as including
London and for non-20tropolitan ar0as $tructur0 Plans and Local Plans. Not0 that this part is now
r0p0al0d.
[0dit]Sections 55 to 106B - Part III
D0al with Control ov0r D0v0lop20nt.
[0dit]Section 106
$0ction 106 of th0 Act in conjunction with DoE Circular 5/05 allows for Local Planning
Authoriti0s and p0rsons int0r0st0d in land to agr00 contributions arrang020nts and r0strictions
as Planning Agreements or Planning Obligations. Applicants can off0r such agr0020nts unilat0rally or
n0gotiat0 and agr00 th02 as support for th0ir application to 2ak0 it accord with local planning
r06uir020nts but without so20 of th0 rigorous controls of Planning Conditions und0r s 70(1).
t r0lat0s to 2oni0s paid by d0v0lop0rs to Local Planning Authoriti0s in ord0r to offs0t th0 costs of th0
0t0rnal 0ff0cts of d0v0lop20nt. For 0a2pl0 if a d0v0lop0r w0r0 to build 100 n0w hous0s th0r0
would b0 0ff0cts on local schools roads 0tc. which th0 Local Authority would hav0 to d0al with. n
that situation th0r0 2ight b0 a $0ction 106 agr0020nt as part of th0 granting of planning p0r2ission.
Th0 d0v0lop0r 2ight agr00 to 2ak0 a contribution towards th0 provision of n0w schools.
$0ction 106 arrang020nts ar0 curr0ntly b0ing r0vi0w0d by th0 D0part20nt for Co22uniti0s and
Local Gov0rn20nt.
$00 also: Planning gain#Criticis2s of $0ction 106 Agr0020nts.
[0dit]Section 106A
Has th0 0ff0ct that any 2odification or discharg0 of a s 106 Agr0020nt 2ust b0 agr00d by d00d
b0tw00n th0 parti0s and in accordanc0 with s 106B. t cr0at0s th0 right to apply in a pr0scrib0d for2
to 2odify a s 106 agr0020nt onc0 fiv0 y0ars has pass0d sinc0 th0 agr0020nt or such short0r p0riod
as s0condary l0gislation 2ay pr0scrib0. t pr0v0nts on0 applicant applying for a 2odification which
2ay b0co20 0nforc0abl0 against oth0rs who hav0 not appli0d.
t clarifi0s that s 84 of th0 Law of Prop0rty Act 1925 (pow0r to discharg0 or 2odify r0strictiv0
cov0nants aff0cting land) do0s not apply to a planning obligation.
[0dit]Section 106B
Right of th0 applicant to app0al against th0 d0cision or non-d0t0r2ination of a Local Planning
Authority und0r s 106A to th0 $0cr0tary of $tat0. $0ction 106B stat0s "b0for0 d0t0r2ining th0 app0al
th0 $0cr0tary of $tat0 shall if 0ith0r th0 applicant or th0 authority so wish giv0 0ach of th02 an
opportunity of app0aring b0for0 and b0ing h0ard by a p0rson appoint0d by th0 $0cr0tary of $tat0 for
th0 purpos0". t stat0s "th0 d0t0r2ination of an app0al by th0 $0cr0tary of $tat0 und0r this s0ction
shall b0 final". $ch0dul0 6 appli0s to d0t0r2in0 how th0 app0al is h0ard and by who2.
[0dit]Sections 107 to 118 - Part IV
D0al with co2p0nsation for 0ff0cts of c0rtain ord0rs notic0s 0tc. Not0 that 2uch of Part V is
r0p0al0d.
[0dit]Sections 119 to 136 - Part V
D0al with co2p0nsation for r0strictions on n0w d0v0lop20nts in li2it0d cas0s.
[0dit]Sections 137 to 171 - Part VI
D0al with rights of th0 own0r to r06uir0 purchas0 of int0r0sts. Na20ly int0r0sts aff0ct0d by planning
d0cisions or ord0rs in c0rtain circu2stanc0s and int0r0sts aff0ct0d by planning proposals: s0rving
blight notic0s.
[0dit]Sections 172 to 196C - Part VII
D0al with 20thods of 0nforc020nt of planning law.
[0dit]Sections 197 to 225 - Part VIII
D0al with $p0cial Controls. $p0cifically thos0 for:
Tr00s
Land adv0rs0ly aff0cting a20nity of n0ighbourhood
Adv0rtis020nts
[0dit]Sections 226 - 246 - Part IX
D0al with ac6uisition and appropriation of land for planning and public purpos0s. Also
th0 0tinguish20nt of c0rtain rights 0.g. on burial plac0s and constitution of joint bodi0s to hold land
for planning purpos0s.
[0dit]Sections 246 - 261 - Part X
D0al with highways.
[0dit]Sections 262 - 283 - Part XI
D0al with statutory und0rtak0rs. Th0s0 ar0 p0rsons authoris0d by any 0nact20nt to carry on any
railway light railway tra2way road transport wat0r transport canal inland navigation dock
harbour pi0r or lighthous0 und0rtaking or any und0rtaking for th0 supply of hydraulic pow0r and a
r0l0vant airport op0rator (within th0 20aning of Part V of th0 Airports Act 1986). D0020d statutory
und0rtak0rs for s0ctions 55 90 101 108(3) 139 to 141 143 148 170(12)(b) 236(2)(a) 237 to 241
245 247(4)(b) 253 257(2) 263(1) and (2) 264 266 to 283 288(10)(a) 306 325(9) 336(2) and (3)
para.18 of $ch.1 and $chs. 8 13 and 14 ar0 any public gas transport0r wat0r or s0w0rag0
und0rtak0r th0 National Riv0rs Authority any univ0rsal postal s0rvic0 provid0r in conn0ction with th0
provision of a univ0rsal postal s0rvic0 th0 Civil Aviation Authority and a p0rson who holds a lic0nc0
und0r Chapt0r of Part of th0 Transport Act 2000 (air traffic s0rvic0s) shall b0 d0020d to b0
statutory und0rtak0rs and th0ir und0rtakings statutory und0rtakings. This appli0s with variations for a
univ0rsal postal s0rvic0 provid0r and lic0nc0 hold0rs und0r s0ction 6 of th0 El0ctricity Act 1989 or
Chapt0r of Part of th0 Transport Act 2000.
[0dit]Sections 284 - 292 - Part XII
D0al with validity of d0v0lop20nt plans c0rtain planning r0lat0d ord0rs d0cisions dir0ctions
0nforc020nt and si2ilar notic0s.
[0dit]Sections 292A - 302 - Part XIII
D0al with th0 application th0 Act to Crown Land.
[0dit]Sections 303 - 314 - Part XIV
D0al with financial provision. This includ0s application f00s to th0 LPA costs of c0rtain in6uiri0s
grants for r0s0arch and 0ducation contributions by 2inist0rs towards co2p0nsation paid by local
authoriti0s contribution by local authoriti0s and statutory und0rtak0rs assistanc0 for ac6uisition of
prop0rty wh0r0 obj0ction 2ad0 to blight notic0 in c0rtain cas0s r0cov0ry fro2 ac6uiring authoriti0s of
su2s paid by way of co2p0nsation su2s r0cov0rabl0 fro2 ac6uiring authoriti0s r0ckonabl0 for
purpos0s of grant 0p0ns0s of gov0rn20nt d0part20nts g0n0ral provision as to r0c0ipts of
$0cr0tary of $tat0 and th0 0p0ns0s of county councils.
[0dit]Sections 303 - 337 - Part XV
D0al with 2isc0llan0ous and g0n0ral provisions. Not0 s 318 d0als with 0ccl0siastic prop0rty s 319
d0als with th0 sl0s of $cilly s 300 provid0s a pow0r to r06uir0 infor2ation as to int0r0sts s 333 d0als
with r0gulations and ord0rs and s 336 d0als with int0rpr0tation.