[SCHEDULE 9A Resolution of Disputes about Planning Obligations]
Town and Country Planning Act 1990 (1990 c 8) | Legislation

[SCHEDULE 9A Resolution of Disputes about Planning Obligations]

[Section 106ZA]

[Appointment of person to help resolve disputes

1

(1)     This paragraph applies where—

(a)     a person (“the applicantâ€) has made an application for planning permission or an application of a prescribed description (“the applicationâ€) to a local planning authority in England,

(b)     there are unresolved issues regarding what should be the terms of any section 106 instrument, and

(c)     any prescribed conditions are met.

(2)     The Secretary of State must (subject to sub-paragraphs (6) to (8)) appoint a person to help with the resolution of the unresolved issues if—

(a)     the Secretary of State thinks that the local planning authority would be likely to grant the application if satisfactory planning obligations were entered into, but not otherwise, and

(b)     sub-paragraph (3), (4) or (5) applies.

(3)     This sub-paragraph applies where the applicant or the authority requests the Secretary of State to make an appointment.

(4)     This sub-paragraph applies where—

(a)     a person of a prescribed description requests the Secretary of State to make an appointment, and

(b)     any prescribed requirements as to the consent of the applicant or the authority are satisfied.

(5)     This sub-paragraph applies where—

(a)

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