- Latest available (Revised)
- Point in Time (01/10/2015)
- Original (As enacted)
Point in time view as at 01/10/2015.
Town and Country Planning (Scotland) Act 1997, Section 75E is up to date with all changes known to be in force on or before 17 October 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)An obligation entered into under section 75D(1) may not be modified or discharged except—
(a)by agreement between the community body and the person against whom the obligation is enforceable, or
(b)in accordance with this section and section 75F.
(2)Where the community body and the person against whom the obligation is enforceable are unable to reach agreement regarding the modification or discharge of the obligation, either may apply to the planning authority for the area in which is situated the land to which the agreement relates.
(3)An application under subsection (2) is one seeking the determination of the planning authority as to whether the obligation is—
(a)to have effect subject to such modifications as may be specified in the application, or
(b)to be discharged.
(4)An application under subsection (2) is not to specify a modification imposing an obligation on any non-applicant.
(5)On an application under subsection (2), the authority may determine that the obligation—
(a)is to continue to have effect without modification,
(b)is discharged, or
(c)is to have effect subject to the modifications specified in the application.
(6)The authority are to give notice of their determination to the applicant within such period as is prescribed.
(7)This subsection applies where—
(a)there is agreement such as is mentioned in subsection (1)(a), or
(b)a determination is made under subsection (5)(b) or (c),
concerning an obligation the agreement in relation to which has been recorded in the Register of Sasines or registered in the Land Register of Scotland.
(8)Where subsection (7) applies, the modification or discharge does not take effect until the date on which—
(a)the agreement under subsection (1)(a), or
(b)the notice given under subsection (6),
is so recorded or as the case may be so registered.
(9)Regulations may make provision with respect to—
(a)the form and content of an application under subsection (2),
(b)the publication of notice of any such application,
(c)procedures for considering any representations made with respect to any such application, and
(d)the form and content of any notice given under subsection (6).]
Textual Amendments
F1Ss. 75D-75G inserted (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. 24, 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2010/400, art. 3, sch.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: