There will always be differences of opinion between planning authorities and proponents on the extent of the benefits of planning to be paid because of the different objectives of the public and private sectors. The Scottish Government has made it clear that payments under planning commitments should only be requested if they meet all the policy tests set out in its 2012 circular, i.e. the commitments are in place: we are conducting due diligence, including advice to funders and land buyers on their potential liability risks in the event of an existing Section 75 agreement. We also help minimize planning risks by negotiating specific guarantees and compensations and organizing distribution interviews on behalf of our clients. We have expertise in order planning. Section 75 agreements are subject to stricter legal requirements than a standard bargaining agreement. They must limit or regulate land development or use and meet the Scottish Government`s circular tests. Each planning authority has its own negotiating approach and its own preferred formulation. “Planning agreements play a limited but useful role in the development management process, where they can be used to overcome barriers to building permits. An agreement may mean that development can be authorized or improved, while potentially negative effects on land use, the environment and infrastructure can be reduced, eliminated or offset.¬†We help our clients negotiate, modify, comply, execute and appeal decisions on Section 75 agreements and other legal planning agreements. Our experience includes contracts with utility companies, general interest agreements, comparative agreements between opposing parties and advice on the planning aspects of commercial contracts and leases. 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.

It is in Scotland that they are produced most often (but not exclusively) under Section 75 of the Town and Country Planning (Scotland) Act 1997. The Section 75 agreements are broadly in line with the “Section 106 agreements” in England and Wales. The agreement may restrict land use and/or regulate field activities to be developed. The agreement may also require the landowner to make a financial contribution to the Commission that must be used for section 75 purposes. 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.