Commentary on Sections Effect of infrastructure consent orders Section 98 – Planning obligations
251.Section 98 amends the Town and Country Planning Act 1990 (“the TCPA”) so as to allow the applicant for infrastructure consent to enter into agreements with local authorities, in the same way as a developer seeking planning permission under the TCPA is able to. These agreements are called “infrastructure consent obligations”.
252.Subsection (3) amends section 106A of the TCPA. The effect of the amendment is that an infrastructure consent obligation may be varied or discharged by agreement between the Welsh Ministers and the person against whom the infrastructure consent obligation is enforceable. The amendment also provides that the person against whom the infrastructure consent obligation is enforceable may apply to the Welsh Ministers for it to be discharged or varied (if the Welsh Ministers decided or will decide the application in connection with which the obligation was entered into).
253.It will be for the local planning authority to enforce the obligation.
254.Subsection (5) makes provision about legal challenges in connection with planning obligations.