61 Compliance with planning obligations

61  Compliance with planning obligations

(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)     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

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