Section 75 And Other Planning Agreements

The Planning Act passed in Scotland in 2006 contained provisions in relation to Section 75 Agreements. Such Agreements have been part of the planning scene for a long time – Section 75 is the relevant section in the 1997 Town & Country Planning (Scotland) Act. The predecessor section was Section 50 (of the 1972 Act) and the equivalent provisions in England are found in Section 106 of the relevant legislation there.

Use of Section 75 Agreements has grown over the years and they are undoubtedly a useful means of addressing issues which may arise in the context of a planning application. As Scottish Government guidance makes clear however they should not be used to duplicate planning conditions and planning conditions should be used in preference to Section 75 Agreements (see Planning Circular 1/2010) - Scottish Planning Series: Planning Circular 1 2010: Planning Agreements.