Q&As

Is there any evidence to suggest that the Limitation Act 1980 would not apply to the enforcement of section 106 obligations?

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Produced in partnership with Harriet Townsend of Cornerstone Barristers , Emily Knowles of Sharpe Pritchard and Sarah Fitzpatrick of Norton Rose Fulbright
Published on LexisPSL on 04/11/2019

The following Planning Q&A produced in partnership with Harriet Townsend of Cornerstone Barristers, Emily Knowles of Sharpe Pritchard and Sarah Fitzpatrick of Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • Is there any evidence to suggest that the Limitation Act 1980 would not apply to the enforcement of section 106 obligations?

Is there any evidence to suggest that the Limitation Act 1980 would not apply to the enforcement of section 106 obligations?

As the subject matter is not certain and there is a range of opinions on the matter, we have sought guidance from our experts, including barristers, set out below.

Our first expert, Emily Knowles, responded with the following:

‘Planning agreements pursuant to section 106 of the Town and Country Planning Act 1990 (TCPA 1990), made between a local planning authority and those with an interest in land, can impose both positive and negative obligations upon an interested person requiring operations or activities on land, restricting the development or use of the land, or requiring money to be paid. Case law has established a principle that the TCPA 1990 is a “comprehensive statutory code”, most famously in Pioneer Aggregates (UK) Ltd v Secretary of State for the Environment [1985] AC 132 and reaffirmed in Wood v Secretary of State for Communities [2015] EWHC 2368. It is this which raises the question as to whether the enforcement of planning obligations by a local planning authority could be time-barred pursuant to the provisions of Limitation Act 1980 (LA 1980).

LA 1980

LA 1980 imposes limitation periods on “any proceeding in a court of law”. Pursuant to TCPA 1990, s 106(5), planning objections can be enforced by an injunction and, as such, the starting point would be that the provisions of LA 1980 apply.

LA 1980,

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