[SCHEDULE 9A Resolution of Disputes about Planning Obligations]
[SCHEDULE 9A Resolution of Disputes about Planning Obligations]

[Appointment of person to help resolve disputes

1

(1)     This paragraph applies where—

(a)     a person (“the applicant”) has made an application for planning permission or an application of a prescribed description (“the application”) to a local planning authority in England,

(b)     there are unresolved issues regarding what should be the terms of any section 106 instrument, and

(c)     any prescribed conditions are met.

(2)     The Secretary of State must (subject to sub-paragraphs (6) to (8)) appoint a person to help with the resolution of the unresolved issues if—

(a)     the Secretary of State thinks that the local planning authority would be likely to grant the application if satisfactory planning obligations were entered into, but not otherwise, and

(b)     sub-paragraph (3), (4) or (5) applies.

(3)     This sub-paragraph applies where the applicant or the authority requests the Secretary of State to make an appointment.

(4)     This sub-paragraph applies where—

(a)     a person of a prescribed description requests the Secretary of State to make an appointment, and

(b)     any prescribed requirements as to the consent of the applicant or the authority are satisfied.

(5)     This sub-paragraph applies where—

(a)     regulations require an appointment to be made, in prescribed circumstances, if the unresolved issues have not been resolved by the end of a prescribed period,

(b)     the circumstances are as prescribed, and

(c)     the unresolved issues have not been resolved by the end of that period.

(6)     The Secretary of State may decline to make an appointment in prescribed circumstances.

(7)     Regulations must provide that—

(a)     no appointment is to be made under

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