[106B Appeals [in relation to applications under section 106A]]
[106B Appeals [in relation to applications under section 106A]]

[(1)     Where [an authority] [(other than the Secretary of State . . .)]—

(a)     fail to give notice as mentioned in section 106A(7); or

(b)     determine [under section 106A] that a planning obligation shall continue to have effect without modification,

the applicant may appeal to the Secretary of State.

(2)     For the purposes of an appeal under subsection (1)(a), it shall be assumed that the authority have determined that the planning obligation shall continue to have effect without modification.

(3)     An appeal under this section shall be made by notice served within such period and in such manner as may be prescribed.