Section 106 agreement
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| Citation | 1990 c 8 |
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| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 1990 |
| Other legislation | |
| Amended by | Wales Act 2017 |
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Status: Amended
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The Town and Country Planning Act 1990 (c 8) is an act of the United Kingdom Parliament regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United Kingdom. Repealed in parts by the Planning and Compensation Act 1991, it is now also complemented by the Planning and Compulsory Purchase Act 2004.
In the United Kingdom, the Town and Country Planning Act 1990 contains 15 parts with 337 sections, plus 17 Schedules, and serves as an incomplete, but expansive code of planning regulations in England and Wales.
Subsections 1 and 2 set out that county and district (county and county borough in Wales) councils are Local Planning Authorities ('LPA's) in non-metropolitan counties; that metropolitan district councils (usually unitary authorities) are LPAs in metropolitan counties and that different authorities govern Greater London and the Isles of Scilly. This is subject to sections 2 and 9. Subsection 1(3) states: "In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities." and is subject to Sch. 1. Subsection 1 (4) deals with mineral planning authorities. The exercise of functions in Wales is subject to Schedule 1A. This section is subject to sections 4A to 8.
Section 2 allows the Secretary of State to join council planning authorities into joint planning boards.
Under section 2A the Mayor of London may in circumstances prescribed in the Town and Country Planning (Mayor of London) Order 2008/580 or directions under that order, direct that he is to be the local planning authority for the purposes of determining an application made under s 70 or s 73. Under section 2B the Mayor of London is to have regard to guidance issued by the Secretary of State, must give reasons, must at that time send a copy of the direction to the applicant and to the Secretary of State. The Mayor may also become the planning authority for a connected application for Listed Building, Conservation Area or hazardous substances consent if he so considers. Under section 2C the Mayor of London after granting outline permission, may pass determination of reserved matters on to the original LPA (i.e. London Borough or Corporation of London). He may also do this for connected applications he grants 'subject to subsequent approval'. Section 2D enables secondary legislation related to the Mayor's planning powers. Section 2E passes the function from the LPA to the Mayor of agreeing a Planning Obligation related to a direction above after that time. The Mayor must consult the LPA before agreeing to one and both the LPA and Mayor may enforce it. Section 2F states that before determining an application, the Mayor of London must give the applicant and the local planning authority to whom the application was made an opportunity, with at least 14 days notice, to make oral representations at a hearing (“a representation hearing”). The Mayor must publish a procedural document for this.
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