Guidance on Planning Agreements

On 24th February 2011, the Scottish Government published an annex to its Guidance on Planning Circular 1/2010 (Planning Obligations). The Guidance comes after the the new sections of the Planning etc (Scotland) Act 2006 in relation to planning obligations (“Section 75 Agreements” or “planning agreements”), Good Neighbour Agreements and Tree Preservation Orders came into effect on 1st February this year.

This Annex sets out Scottish Government policy in respect of planning obligations and good neighbour agreements made under sections 75 and  75D of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006.

It also covers provisions set out in the following regulations;

  • The Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010 ( SSI 2010 No.432);
  • The Town and Country Planning (Modification And Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010 ( SSI 2010 No.433); and,
  • The Planning etc (Scotland) Act 2006 (Saving and Transitional Provisions) Order 2010 ( SSI 2010 No 431)

The Annex can be found here.

For further information on any of the above please contact Lee Murphy.


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