Part IIIE+W Control over development

Modifications etc. (not altering text)

C1Pt. III (ss. 55-106) except ss. 76, 90(2)(5) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. III (ss. 55-106): power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art. 3

Pt. III (ss. 55-106) applied (5.11.1993) by 1993 c. 42, s. 24(1) (with ss. 2, 30(1), Sch. 2 para.9)

Pt. III (ss. 55-106) extended (1.11.1995) by 1995 c. 25, s. 96(2) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

Pt. III (ss. 55-106) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. III (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 9(1)(2)

Pt. III (ss. 55-106) modified (18.12.1996) by 1996 c. 61, s. 51

Pt. III (ss. 55-106) modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), art. 20(1)

Other controls over developmentE+W

106 Agreements regulating development or use of land.E+W

(1)A local planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement.

(2)Any such agreement may contain such incidental and consequential provisions (including financial ones) as appear to the local planning authority to be necessary or expedient for the purposes of the agreement.

(3)An agreement made under this section with any person interested in land may be enforced by the local planning authority against persons deriving title under that person in respect of that land as if the local planning authority were possessed of adjacent land and as if the agreement had been expressed to be made for the benefit of such land.

(4)Nothing in this section or in any agreement made under it shall be construed—

(a)as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or

(b)as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a).