Perhaps the most important new provision from the point of view of homeowners and developers is that the planning authority has the right to enter the country and implement the necessary measures within the meaning of Section 75 if the owner has not done so, and then to recover the costs incurred by the owner. The Authority must only disclose its intention to enter the country for 21 days. These provisions clearly have a significant impact on landowners. Presumably, the authorities want to use the rights to enter the land, to „clean up“ areas of neglected landscapes, and then try to recover the costs from all landowners on land. Some authorities are already designing such provisions in Section 75 of the agreement and, in this context, they can be considered uncontested. However, more extensive work required in Section 75, such as the provision of significant infrastructure or restoration work in the event of open pit operations, could make the owners more nervous. However, it is difficult to imagine that a local authority would have expenses to carry out such work without being certain of recovering it. Among these examples, it is likely that the authorities will continue to depend on obligations to cover the costs of this work. If you have applied for development for a new property and have been asked by the local authority to enter into a Section 75 agreement, please contact. A proponent has the option of modifying or fulfilling a planning obligation with the planning authority if it is considered no longer in accordance with the above policy tests. 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“). When entering into a Section 75 agreement, the financial obligations imposed on the landowner can be a costly surprise if they are not taken into account when filing the development application.
It is also important that the agreement be linked to the country in accordance with Section 75, so that the conclusion of such an agreement will have significant consequences. Planning authorities must ensure that each of the above policy tests has been conducted when it comes to a planning obligation with a developer and verify that they comply with their own policies and guidelines for developer contributions. There is no time limit on when a developer can apply for an amendment or performance of a planning obligation, so a planning obligation could be challenged immediately after the deren agreement between the parties and the granting of the building permit. 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 yet been done, but there have been some interesting decisions by Scottish ministers: a Section 75 agreement, sometimes called a planning obligation, is a contract between a landowner and the city council as part of the plan application process. Many landowners are not aware that these planning obligations are not limited to large constructions, but may also apply to a detached house or commercial real estate under construction.