bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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Section 75 / Planning Agreements

19 May 2010

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 were introduced later in February 2011 by virtue of the Planning etc (Scotland) Act 2006 and “Good Neighbour Agreements” were introduced. For more information on the changes see: Planning Agreements: Changes to Come (from 1 Feb 2011)

Prior to the changes, the Scottish Government issued a policy document: “Planning Circular 1/2010: Planning Agreements“, which remains useful guidance for Planning Agreements. For more information on the policy see: Planning Agreements: Feb 2010 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).

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