Section 75 agreements are used when the conditions of the building permit itself are not appropriate. While planning conditions govern how a project is constructed and used, section 75 agreements generally provide for financial contributions and all requirements for land outside the building permit area (outside the “red border”). We conduct due diligence, including advice to funders and land buyers in the event of a potential liability risk in the event of an existing Section 75 agreement. We also help minimize planning risks by negotiating specific guarantees and compensations and organizing distribution interviews on behalf of our clients. We have expertise in order planning. Section 75 agreements are subject to stricter legal requirements than a standard bargaining agreement. They must limit or regulate land development or use and meet the Scottish Government`s circular tests. Each planning authority has its own negotiating approach and its own preferred formulation. The agreement may restrict land use and/or regulate field activities to be developed.
The agreement may also require the landowner to make a financial contribution to the Commission that must be used for section 75 purposes. We have experience in complex multi-party negotiations and planning agreements related to specialized projects such as the development of master plans and infrastructure for renewable energy. We also advise you on the future safety of your developments in light of the upcoming changes under the Planning (Scotland) Act 2019. Although the complaints provisions have been in place for just over four years, there have been relatively few calls to Scottish ministers (about 50 to date, according to the DPEA website). When the complaints provisions came into force, planning authorities were concerned that they would be inundated with requests to review existing planning obligations from developers, which could result in a reduction in (developer) payments to infrastructure. This has not been the case so far, but there have been some interesting decisions by Scottish ministers: planning obligations can, in limited circumstances, play an important role in making development otherwise unacceptable in terms of planning. Planning letter 3/2012 states in paragraph 12: As with any contract, it is important that you speak to your lawyer as quickly as possible to navigate the process if you are asked to enter into a Section 75 agreement as part of your planning application.