Section 75 Planning Obligations
In a statement which adds crystal clarity to the use of planning agreements in Scotland, the Chief Planner has written to all Heads of Planning in Scotland to clarify that a planning agreement entered into prior to the 1st of February 2011 can be the subject of an application to modify or discharge. It was felt necessary to explicitly state this as there appeared to be uncertainty and differences in opinion in the way the new regulations were being applied.
In order to remove any potential for doubt, an Order will be laid before the Scottish Parliament clarifying the position. The Order will confirm that new sections 75A and 75B apply to obligations contained in an agreement entered into under section 75 before 1 February 2011.
