Circular 05/2005
Introduction
The purpose of the Circular 05/2005 is to provide revised guidance to local authorities in England on the use of planning obligations under section 106 of the Town and Country Planning Act 1990 as substituted by the Planning and Compensation Act 1991. Sections 46 and 47 of the Planning and Compulsory Purchase Act 2004 give the Secretary of State the power to make regulations to replace s106, but the Secretary of State has not yet taken these powers, and so the Circular does not concern these sections.
This Circular replaces Department of the Environment Circular 1/97. This Circular clarifies the basis on which planning obligations should be assessed for their acceptability in policy terms and gives further guidance on the process of securing obligations.
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WS1 1DG
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