Section 61 — Finance Act 2003: Compliance with planning obligations

Compliance with planning obligations 61 1 A land transaction that is entered into in order to comply with a planning obligation or a modification of a planning obligation is exempt from charge if—

a the planning obligation or modification is enforceable against the vendor, b the purchaser is a public authority, and c the transaction takes place within the period of five years beginning with the date on which the planning obligation was entered into or modified.

2 In this section—

a in relation to England and Wales— “ planning obligation ” means either of the following—

a planning obligation within the meaning of section 106 of the Town and Country Planning Act 1990 that is entered into in accordance with subsection (9) of that section, or a planning obligation within the meaning of section 299A of that Act that is entered into in accordance with subsection (2) of that section; and “ modification ” of a planning obligation means modification as mentioned in section 106A(1) of that Act;

b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c in relation to Northern Ireland— “ planning obligation ” means a planning agreement within the meaning of section 76 of the Planning Act (Northern Ireland) 2011 that is entered into in accordance with subsection (10) of that section, and “ modification of a planning obligation ” means modification as mentioned in section 77(1) of that Act.

3 The following are public authorities for the purposes of subsection (1)(b)— Government A Minister of the Crown or government department . . . A Northern Ireland department The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Government Local government: England A county or district council constituted under section 2 of the Local Government Act 1972 (c. 70) The council of a London borough The Common Council of the City of London The Greater London Authority Transport for London The Council of the Isles of Scilly Local government: Wales A county or county borough council constituted under section 21 of the Local Government Act 1972 . . . Local government: Northern Ireland A district council within the meaning of the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)) Health: England and Wales A Strategic Health Authority established under section 13 of the National Health Service Act 2006 A Special Health Authority established under section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 A Primary Care Trust established under section 18 of the National Health Service Act 2006 A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 A National Health Service Trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006 . . . Health: Northern Ireland The Regional Agency for Public Health and Social Well-being A Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ( S.I. 1991/194 (N.I. 1)) Other planning authorities Any other authority that—

is a local planning authority within the meaning of the Town and Country Planning Act 1990 (c. 8), ... ... Prescribed persons A person prescribed for the purposes of this section by Treasury order