Understanding the impact of the agreements described in Section 75 and ensuring that they are properly developed may be essential for the viability of a project. The document stresses that planning authorities should promote obligations in strict compliance with the tests presented in the circular. “The development of planning commitments should take into account the economic viability of the proposals and other solutions should be considered in addition to the options for phasing in or making payments available,” the government said in a review circular. 9. Section 75C deals with the responsibility of former and incoming owners for meeting a planning obligation. In particular, Section 75C (1) provides that, unless otherwise stipulated in the agreement or unilateral obligation that includes the planning obligation, a previous owner may be held liable repeatedly with the current owner for any work that should have been performed or funds that should have been paid as part of an obligation. Section 75C does not apply to planning obligations concluded by agreements prior to February 1, 2011 2. The current consultation should not review the scope of the reforms to the Section 75 agreements. Instead, it focuses on the practical application of the new rules to ensure that they work effectively in practice.

One of the issues raised during the consultation is how requests to review the agreements concluded should be implemented and the information that must be taken into account when defining such a request or subsequent appeal to Scottish ministers. 1. Scottish planning policy underlines the important role of the planning system in supporting the Scottish Government`s objective of increasing sustainable economic growth. The Scottish Government is committed to establishing an integrated planning system and planning for applications that will be defined through a transparent decision-making process. The planning service is intended to support the provision of sustainable, high-quality spaces to support the government`s goal and to achieve a high level of performance and customer service. For development management, this requires processes, procedures and an approach that ensures safety and speed of decision-making. Traditionally, a planner must contact several internal and external consultants to determine if a planning obligation is required in accordance with the planning policy. In the 32 local authorities in Scotland, there are many approaches to how planning agreements are concluded, with examples of good and bad practices. Like what. B in the commission`s reports, there may sometimes be little clarity on the amount of contributions due and the payment dates associated with them.

This means that once the planning committee intends to grant the building permit, subject to the conclusion of a legal agreement, there may be extensive negotiations and disagreements on its terms, resulting in delays. “Planning agreements play a limited but useful role in the development management process, where they can be used to overcome barriers to building permits.