Planning permission can be granted subject to the applicant / land owners entering into a Planning Agreement (also commonly called “section 75 agreements”) with the planning authority, imposing particular planning obligations on the land over which permission will be granted. For example, such an agreement can be used to restrict part of a residential housing development for the provision of “affordable housing”.
Changes to Planning Agreements are to be introduced later in 2010 by virtue of the Planning etc (Scotland) Act 2006 and “Good Neighbour Agreements” are to be introduced – though no specific date is yet known for when these changes will take effect. For more information on the changes to come see: Planning Agreements: Changes to Come
In the meantime, the Scottish Government has issued a new policy document: “Planning Circular 1/2010: Planning Agreements“, which applies to any Planning Agreement being entered into today. For more information on the new policy see: Planning Agreements: Current Policy
If you would like to discuss the above, or any other planning law issues, with bto’s Planning Team, please contact Laura Donald (regarding contentious matters) or Marion Davis (regarding non-contentious matters).