SCHEDULES
SCHEDULE 3 General Exclusions
Planning obligations
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 M1Town and Country Planning (Scotland) Act 1997; or
c
which is made under Article 40 of the M2Planning (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 M3Town and Country Planning Act 1990; or
b
a planning obligation for the purposes of section 299A of that Act.