166Enforcement of planning obligations(1)

A planning obligation is enforceable by the enforcing authority—

(a)

against any person entering into the obligation, and

(b)

against any person deriving title from a person entering into the obligation.

(2)

But the instrument by which a planning obligation is entered into may provide that a person is not bound by the obligation at any time when the person no longer has an interest in the land to which the obligation relates.

(3)

A restriction or requirement imposed by a planning obligation is enforceable by injunction.

(4)

If there is a failure to comply with a requirement imposed by a planning obligation to carry out operations on the land to which the obligation relates, the enforcing authority may—

(a)

enter the land and carry out the operations, and

(b)

recover from any person against whom the obligation is enforceable the costs it reasonably incurs in doing so.

(5)

At least 21 days before an authority exercises its power under subsection (4)(a) it must give notice of its intention to do so to each person against whom the planning obligation is enforceable.

(6)

A person who intentionally obstructs a person exercising a power under subsection (4)(a) commits an offence.

(7)

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)

A planning obligation is a local land charge, and for the purposes of the Local Land Charges Act 1975 (c. 76) the enforcing authority is the originating authority as respects the charge.

(9)

Regulations may provide for the charging on the land of—

(a)

an amount required to be paid under a planning obligation, and

(b)

costs recoverable by an authority under subsection (4)(b).

(10)

A charge imposed by regulations under subsection (9) has effect despite—

(a)

any provision included in the instrument under subsection (2), and

(b)

any modification or discharge of the planning obligation under section 167 or 168.

(11)

In subsection (1)(b)—

(a)

the reference to a person deriving title from a person entering into the planning obligation includes any successor in title of a person entering into the obligation;

(b)

the reference to deriving title from a person is a reference to deriving title from the person either directly or indirectly.