S75 Planning Agreement

October 5th, 2021 6:13 pm

What is a Section 75 agreement? In principle, this is a contract concluded by the landowner and the municipality as part of the construction application procedure. Such agreements can: even planning circulars are not immune to the effects of recession! Although the appeal provisions have been in force for just over four years, appeals to Scottish ministers have been relatively few (about fifty to date, according to the website of the Directorate for Planning and Environmental Appeal (“DPEA”). At the time the appeal rules came into force, planning authorities were concerned that they would be inundated with requests for review of existing planning obligations by developers, which could lead to a reduction in (developer) payments to the infrastructure. In Scotland`s 32 municipalities, there are a large number of approaches to concluding planning agreements, with examples of good and bad practice. For example, the commission`s reports can sometimes be unclear about the amount of contributions due and the related payment dates. This means that once the planning committee is ready to issue the building permit, subject to the conclusion of a legal agreement, there may be significant negotiations and disagreements over its terms, which will lead to delays. If you have filed a construction application for the construction of a new property and have been asked to enter into a contract in accordance with Article 75, it is important that you need legal advice as soon as possible. I can help you negotiate favorable terms for the agreement that will facilitate the sale of the property in the future and make the terms more acceptable to your lender. Please contact me at Ross Leatham on 0141 552 3422 or by email on rjl@mitchells-roberton.co.uk A section 75 agreement, sometimes referred to as a planning obligation, is a contract between a landowner and city council as part of the building application process.

The circular must therefore be viewed in such a way that planning authorities are informed that the benefits of planning will be subject to much greater scrutiny than before. A clear justification of the requirements will be required. In some circumstances, planning obligations can play an important role in making otherwise unacceptable development acceptable from a planning point of view. Circular 3/2012 clarifies in paragraph 12 that, while there is no obligation to establish successors, the Circular proposes the use of other agreements, such as the Roads Act 1984. . . .

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