PART 3Development management

Planning obligations

I134Planning obligations: financial agreements

1

The Town and Country Planning (Scotland) Act 1997 is amended as follows.

2

In section 75 (planning obligations)—

a

in subsection (1), for the words from “an obligation” to the end substitute “ a planning obligation. ”,

b

after subsection (1), insert—

1A

For the purpose of this section and sections 75A to 75C, a planning obligation is an obligation which does any of the following—

a

restricts or regulates the development or use of land,

b

requires the payment—

i

of a specified amount or an amount determined in accordance with the relevant instrument, or

ii

of periodical sums either indefinitely or for such period as is specified in the relevant instrument.

c

in subsection (2), for “subsection (1), the reference in that subsection” substitute “ paragraph (a) of subsection (1A), the reference in that paragraph ”,

d

in subsection (3)—

i

after paragraph (a), insert—

aa

impose a restriction or requirement either permanently or during such period as is specified in the relevant instrument,

ii

paragraph (b) is repealed,

e

in subsection (5)(a), for “(2) or (3)(b)” substitute “ (1A)(b) or (2) ”,

f

after subsection 12, insert—

13

In this section and in sections 75A to 75C, “relevant instrument” means the instrument by which a planning obligation is entered into.

3

In section 75C (planning obligations: continuing liability of former owner etc.), in subsection (3), for “(2) or (3)(b)” substitute “ (1A)(b) or (2) ”.