Section 75 Agreement Planning

Planning authorities must ensure that each of the above policy tests has been conducted when it comes to a planning obligation with a developer and verify that they comply with their own policies and guidelines for developer contributions. There is no time limit on when a developer can apply for an amendment or performance of a planning obligation, so a planning obligation could be challenged immediately after the deren agreement between the parties and the granting of the building permit. Most landowners are pleased that planning permission for their new home or construction has in principle been granted. If you are not an experienced developer, it may be a nasty surprise that the local authority may ask the applicant to enter into a Section 75 agreement before obtaining the building permit. For example, a developer applying for permission to build a large residential area may be required to enter into an S75 agreement that corresponds to the following: although the claim provisions have been in place for just over four years, there have been relatively few calls to Scottish ministers (about 50 to date, according to the website of the Directorate of Planning and Environmental Complaints (DPEA). When the complaints provisions came into force, planning authorities were concerned that they would be inundated with requests to review existing planning obligations from developers, which could result in a reduction in (developer) payments to infrastructure. This has not yet been done, but there have been some interesting decisions by Scottish ministers: it will be possible for developers to sign an agreement under Section 75 before owning the land. This will allow developers who have made a decision error or a planning-dependent land acquisition option to negotiate the terms of a Section 75 agreement with the planning authority, without reference to the landowner, and effectively enter into the Section 75 contract prior to the acquisition of the land. This provision is probably seen as support for real estate development, but it is difficult to say that it makes a significant difference in practice.