Planning Obligations - New and Recent Developments
The current Planning Obligations regime first came into force on 1 February 2011 and is scheduled to be amended.
Planning obligations are a key tool in facilitating the grant of planning permission and the delivery of on-site and off-site (including education, transportation and housing) infrastructure related to developments.
This virtual classroom will consider Planning Obligations policy (including all Circulars published by the Scottish Government); law and practice and those attending ought to gain a better understanding of:
the historic and current policy context for, and legislation about, planning obligations (sometimes referred to as “section 75 obligations”, “section 75 agreements” or simply “planning agreements”)
report about Scottish Government commissioned research “Panning Obligations Review” if it is published as scheduled in “early 2021”
the current provisions about planning obligations and related legislative provisions
case law on the use of planning obligations (including relevant English cases)
implementation of reforms to planning obligations and possible introduction of an infrastructure levy in terms of the Planning (Scotland) Act 2019;
drafting and finalising planning obligations – including the proposals in the Law Society of Scotland’s September 2020 report
how to seek to modify or discharge a planning obligation and related Scottish Ministers’ appeal decisions
planning authority requirements about publicising planning obligations and annual reports