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ARTICLE · 01 DECEMBER 2011

Planning Obligations - More Process But Also More Opportunities

MacRoberts
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Despite the publicity regarding the changes to section 75 of the 1997 Act, there still appears to be some uncertainty regarding modification procedures and how applications will be evaluated.

United KingdomGovernment, Public Sector
Moray Thomson
Moray Thomson
Frances Pacitti
Frances Pacitti
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Modifications to Section 75 Obligations

Despite the publicity regarding the changes to section 75 of the 1997 Act, there still appears to be some uncertainty regarding modification procedures and how applications will be evaluated.  The Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010 are designed to address these uncertainties, but there are potential pitfalls in the Regulations for the unwary applicant and the following practical issues should be considered:

Formal application required in all cases

In terms of section 75A of the 1997 Act, it is now only possible to modify or discharge a planning obligation (section 75 agreement as was) by means of a formal application to the local planning authority.  This means that while there are many section 75 agreements in existence which contain contractual provisions regarding modification and discharge, these have now been superseded by the new statutory

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