1(1)The Chapter I prohibition does not apply to an agreement—
(a)to the extent to which it is a planning obligation;
(b)which is made under section 75 (agreements regulating development or use of land) or 246 (agreements relating to Crown land) of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997; or
(c)which is made under Article 40 of the [S.I. 1991/1220 (N.I. 11).] Planning (Northern Ireland) Order 1991.
(2)In sub-paragraph (1)(a), “planning obligation” means—
(a)a planning obligation for the purposes of section 106 of the [1990 c. 8.] Town and Country Planning Act 1990; or
(b)a planning obligation for the purposes of section 299A of that Act.