The current Planning Obligations regime first came into force on 1 February 2011 and was amended with effect from 18 November 2020.
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”)
- 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
- the Scottish Government commissioned research 'Planning Obligations Review' if it is published as scheduled in 'early 2021'
- planning authority requirements about publicising planning obligations and annual reports
