- Latest available (Revised)
- Original (As enacted)
Town and Country Planning (Scotland) Act 1997, Section 75 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A person may, in respect of land in the district of a planning authority—
(a)by agreement with that authority, or
(b)unilaterally,
enter into [F2a planning obligation.]
[F3(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.]
(2)Without prejudice to the generality of [F4paragraph (a) of subsection (1A), the reference in that paragraph] to restricting or regulating the development or use of land includes—
(a)requiring operations or activities specified in the relevant instrument to be carried out in, on, under or over the land, or
(b)requiring the land to be used in a way so specified.
(3)A planning obligation may—
(a)be unconditional or subject to conditions,
[F5(aa)impose a restriction or requirement either permanently or during such period as is specified in the relevant instrument,]
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)contain such incidental and consequential provisions as—
(i)in the case of an agreement, appear to the planning authority to be necessary or expedient for the purposes of the agreement, or
(ii)in the case of a unilateral obligation, appear to the person entering into the obligation to be necessary or expedient for the purposes of that obligation.
(4)Without prejudice to the generality of subsection (3)(a), the relevant instrument may provide for the postponement of the effectiveness of the planning obligation to a date specified in the instrument (whether the specification is of a fixed date or of a date determinable by reference to the occurrence of an event).
(5)A relevant instrument to which the owner of the land is party may be recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland; and if the instrument is so recorded or registered then the planning obligation is (unless the instrument provides that only the person entering into that obligation is to be bound by it) enforceable at the instance of the planning authority—
(a)against the owner of the land in so far as the obligation comprises a requirement mentioned in subsection [F7(1A)(b) or (2)], and
(b)against—
(i)the owner or tenant of the land, or
(ii)any other person having the use of the land,
in so far as the obligation comprises any other requirement.
(6)But no such obligation is enforceable against a third party who has acquired right to the land (whether or not that person has completed title) prior to the relevant instrument being so recorded or registered.
(7)If there is a breach of a requirement, in a planning obligation, to carry out any operations in, on, under or over the land to which the obligation relates, the planning authority may—
(a)enter the land and carry out the operations, and
(b)recover from the person or persons against whom the obligation is enforceable any expenses reasonably incurred by them in doing so.
(8)Before a planning authority exercise their power under subsection (7)(a) they are to give any person against whom the planning obligation is enforceable not less than twenty-one days' notice of their intention to do so.
(9)A person wilfully obstructing someone who is acting in the exercise of a power under subsection (7)(a) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10)In this section, “owner” means a person who has right to the land to which the planning obligation relates whether or not that person has completed title; but if, in relation to the land (or, if the land is held pro indiviso, in relation to any pro indiviso share in the land) more than one person comes within that description of owner, then “owner” means such person as has most recently acquired such right.
(11)But where a heritable creditor is in lawful possession of security subjects which comprise the land, then “owner” includes the heritable creditor.
(12)For the purposes of subsection (5) it is immaterial whether the person who is owner of the land when the relevant instrument is recorded or registered was owner when the obligation was entered into.
[F8(13)In this section and in sections 75A to 75C, “relevant instrument” means the instrument by which a planning obligation is entered into.]]
Textual Amendments
F1Ss. 75-75C substituted for s. 75 (12.12.2008 for specified purposes, 1.2.2011 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 23, 59(2) (with S.S.I. 2010/431, arts. 1(1), 3); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2010/400, art. 3, sch.
F2Words in s. 75(1) substituted (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 34(2)(a), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)
F3S. 75(1A) inserted (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 34(2)(b), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)
F4Words in s. 75(2) substituted (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 34(2)(c), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)
F5S. 75(3)(aa) inserted (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 34(2)(d)(i), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)
F6S. 75(3)(b) repealed (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 34(2)(d)(ii), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)
F7Words in s. 75(5)(a) substituted (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 34(2)(e), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)
F8S. 75(13) inserted (18.11.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 34(2)(f), 63(2); S.S.I. 2020/294, reg. 2 (with reg. 3)
Modifications etc. (not altering text)
C1S. 75 applied by S.S.I. 2010/431, art. 3(1) (as substituted (14.11.2011) by The Planning etc. (Scotland) Act 2006 (Saving and Transitional Provisions) Amendment Order 2011 (S.S.I. 2011/348), arts. 1, 2(2))
C2S. 75(5)(6) excluded by S.S.I. 2010/431, art. 3(2) (as substituted (14.11.2011) by The Planning etc. (Scotland) Act 2006 (Saving and Transitional Provisions) Amendment Order 2011 (S.S.I. 2011/348), arts. 1, 2(2))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: