Agreements

Planning agreements are increasingly used by planning authorities to restrict or regulate the development or use of land. 

They are used to making a proposal in land use planning terms. For example in a proposed residential development, planning agreement may be required to ensure the delivery of affordable housing and contributions to public infrastructure (e.g. sewerage or educational facilities). Planning agreements can also be used to control the occupancy of new housing for agricultural or forestry workers.  

While they are contractual agreements with a statutory basis there is no statutory provision for their terms to be appealed or discharged and therefore they require to be drafted with extreme care. We have the skills to make sure that planning agreements serve the intended purpose and do not leave you facing unexpected difficulties.

Most agreements are imposed through Section 75 of the Planning Act or Section 69 of the Local Government (Scotland) Act 1973. The former are used where the regulation or restriction of development needs to be ongoing and the latter for upfront payments towards infrastructure. We ensure that you are fully aware of the implications, for example that obligations under Section 75 Agreements apply to future owners. 

The scope of what can be included in a planning agreement is not clear-cut (and can frequently be subject to negotiations) but governmental guidance indicates that what is being sought must be related in nature, scale and kind to the development proposed. It makes sense for you to get expert advice from our highly rated and experienced team to make sure an agreement is likely to meet this test.

For more information please contact Alastair Mckie.