http://www.legislation.gov.uk/ukpga/2016/22/section/159Housing and Planning Act 2016An Act to make provision about housing, estate agents, rentcharges, planning and compulsory purchase.texttext/xmlenStatute Law Database2024-10-07Expert Participation2024-10-04Housing and Planning Act 2016s. 172(1)(a)Neighbourhood Planning Act 2017s. 26(8)(a)(i)s. 31s. 46(1)Housing and Planning Act 2016s. 172(1)(b)Neighbourhood Planning Act 2017s. 26(8)(a)(ii)s. 31s. 46(1)Housing and Planning Act 2016s. 95(1)(ia)Social Housing (Regulation) Act 2023Sch. 1 para. 2s. 46(3)Housing and Planning Act 2016s. 100(7)(aa)Social Housing (Regulation) Act 2023Sch. 1 para. 3s. 46(3)PART 6Planning in England<Emphasis>Planning obligations</Emphasis>Planning obligations and affordable housing1591After section 106ZA of the Town and Country Planning Act 1990 (inserted by section 158 above) insert—Enforceability of planning obligations regarding affordable housing106ZB1Regulations made by the Secretary of State may impose restrictions or conditions on the enforceability of planning obligations entered into with regard to the provision of—aaffordable housing, orbprescribed descriptions of affordable housing.2Regulations under this section—amay make consequential, supplementary, incidental, transitional or saving provision;bmay impose different restrictions or conditions (or none) depending on the size, scale or nature of the site or the proposed development to which any planning obligations would relate.Paragraph (b) is without prejudice to the generality of section 333(2A).3This section does not apply in relation to a planning obligation if—aplanning permission for the development was granted wholly or partly on the basis of a policy for the provision of housing on rural exception sites, orbthe obligation relates to development in a National Park or in an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty.4In this section “affordable housing” means new dwellings in England that—aare to be made available for people whose needs are not adequately served by the commercial housing market, orbare starter homes within the meaning of Chapter 1 of Part 1 of the Housing and Planning Act 2016 (see section 2 of that Act).5“New dwelling” here means a building or part of a building that—ahas been constructed for use as a dwelling and has not previously been occupied, orbhas been adapted for use as a dwelling and has not been occupied since its adaptation.6The Secretary of State may by regulations amend this section so as to modify the definition of “affordable housing”.2In section 333 of that Act (regulations and orders), after subsection (3ZA) (inserted by section 150(4) above) insert—3ZBNo regulations may be made under section 106ZB unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)
