Statutory Instruments
2013 No. 147
Town And Country Planning, England
The Town and Country Planning (Modification and Discharge of Planning Obligations) (Amendment) (England) Regulations 2013
Made
28th January 2013
Laid before Parliament
31st January 2013
Coming into force
28th February 2013
The Secretary of State, in exercise of the powers conferred by sections 106A(4)(a) and 333(2A) of the Town and Country Planning Act 1990( 1 ), makes the following Regulations:
Citation, commencement and application
1. —(1) These Regulations may be cited as the Town and Country Planning (Modification and Discharge of Planning Obligations) (Amendment) (England) Regulations 2013 and shall come into force on 28th February 2013.
(2) These Regulations apply in relation to England only.
Amendments to the Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992
2.The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992( 2 ) are amended in accordance with the following regulation.
Relevant period
3. After regulation 2 insert—
“ Relevant Period: England
2A. —(1) Subject to paragraphs (2) and (3), this regulation applies in respect of all planning obligations entered into on or before 6th April 2010.
(2) This regulation applies to planning obligations that—
(i) identify a local planning authority in England as an authority by whom the obligation is enforceable; and
(ii) do not identify a local planning authority in Wales as such an authority.
(3) This regulation does not apply to planning obligations entered into five years or more before the end of the period prescribed in paragraph (4).
(4) The period prescribed for the purposes of section 106A(4)(a) of the 1990 Act is the period of one month beginning with the date on which this regulation comes into force. ”
Signed by authority of the Secretary of State for Communities and Local Government
Nick Boles
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th January 2013
1990 c. 8 . Section 106A was inserted by section 12 of the Planning and Compensation Act 1991 (c. 34) . The powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ; see the entry in Schedule 1 for the 1990 Act. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. .32), they were transferred to the Welsh Ministers. See section 336 of the Town and Country Planning Act 1990 for the definition of “prescribed”.
S.I. 1992/2832 , to which amendments have been made which are not relevant to these Regulations.