34Planning obligations: further provisionE+W
(1)Section 106A of TCPA 1990 (modification and discharge of planning obligations) is amended as follows.
(2)In subsection (1)(a) for “the authority by whom the obligation is enforceable” substitute “ the appropriate authority (see subsection (11)) ”.
(3)In subsection (3) for “the local planning authority by whom the obligation is enforceable” substitute “ the appropriate authority ”.
(4)At the end of the section insert—
“(11)In this section “the appropriate authority” means—
(a)the Mayor of London, in the case of any planning obligation enforceable by him;
(b)in the case of any other planning obligation, the local planning authority by whom it is enforceable.
(12)The Mayor of London must consult the local planning authority before exercising any function under this section.”.
(5)Section 106B of TCPA 1990 (appeals) is amended as follows.
(6)In subsection (1), for “a local planning authority” substitute “ an authority ”.
(7)At the end of the section insert—
“(8)In the application of Schedule 6 to an appeal under this section in a case where the authority mentioned in subsection (1) is the Mayor of London, references in that Schedule to the local planning authority are references to the Mayor of London.”.
Commencement Information
I1S. 34 in force at 6.4.2008 by S.I. 2008/582, art. 2(a)