Consultation on Planning Obligations and Good Neighbour Agreements

The Scottish Government has issued a consultation paper on the proposed regulations for Planning Obligations and Good Neighbour Agreements. These Regulations amend Section 75 of the 1997 Act and introduce Good Neighbour Agreements by implementing sections 23 and 24 of the 2006 Act. The regulations are a significant departure from existing arrangements and will be of importance to all involved in property development particularly due to the increased usage of Planning Obligations (the new term for Planning Agreements). The impact of the regulations are summarised below:-

Planning Obligations

A developer/landowner may unilaterally propose a Planning Obligation;

Modification or discharge of a Planning Obligation can be made through an application to the planning authority and there is provision for an appeal to be made to the Scottish Ministers where requested modification or discharge is declined;

Planning Obligations may involve financial contributions;

Planning Obligations may set a future date at which the obligation will to come into effect or a specific event to trigger the obligation;

May provide for continuing liability of former owners in respect of a planning obligation;

Planning authorities are given powers to take direct action to carry out work where there is a breach of a Planning Obligation.

Of particular importance to all will be the right to modify/discharge a Planning Obligation, the scope of any subsequent appeal and the relevant procedures.

Continuing liability of former owners under Planning Obligations is an important matter to be considered and can only be avoided if the Planning Obligation expressly excludes continuing liability on the former owner.

“Good Neighbour Agreements”

These are voluntary agreements which may be entered between a developer or landowner and a local community body such as a community council;

They may be used to require a developer to provide information to the body on the progress of the development and compliance with conditions and should not be used to secure the provision of infrastructure, community benefits or financial payments;

These may be recorded against the title to the land.

A link to the consultation paper can be found by clicking here.

Further Information For further information on the issues raised in this ezine, please contact: Alastair McKie (Partner, Head of Planning and Environment) or Cecilia O'Connell (Solicitor).

This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.