Town and Country Planning (Scotland) Act 1997

[F1 75C Planning obligations: continuing liability of former owner etc. S

(1) In so far as a planning obligation comprises an appropriate requirement, an owner of land does not, by virtue only of ceasing to be such an owner, cease to be bound by that obligation (unless the relevant instrument provides that he does cease to be so bound).

(2) The relevant instrument may provide that, in so far as a planning obligation comprises any other requirement, an owner of land does not, by virtue only of ceasing to be such an owner, cease to be bound by that obligation.

(3) For the purposes of this section, an “appropriate requirement” is a requirement mentioned in subsection (2) or (3)(b) of section 75 which is due for performance.

(4) A person who becomes an owner of land the development or use of which is subject to a planning obligation enforceable as is mentioned in section 75(5) is, unless the relevant instrument otherwise provides, severally liable with any former owner of the land for any appropriate requirement for which the former owner is liable.

(5) But if that person incurs expenditure in the performance of any appropriate requirement for which a former owner is liable, he may recover an amount equal to that expenditure from the former owner.

(6) In this section, “owner” has the same meaning as in section 75.]

Textual Amendments

F1 Ss. 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.

Modifications etc. (not altering text)

C1 S. 75C savings for effects of 2006 asp 17 s. 23(1) (1.2.2011) by The Planning etc. (Scotland) Act 2006 (Saving and Transitional Provisions) Order 2010 (S.S.I. 2010/431), arts. 1(1), 3

C2 S. 75C 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))