Planning obligations: 10 good practice points

We have worked with planning authorities to identify common issues which may lead to delays in negotiating and concluding planning obligations (Section 75 Agreements). As a result we published the following 10 good practice points in 2013 to help local authorities minimise delays:-

1. Agree detailed Heads of Terms up front at the time of the planning application decision.
2. Introduce a Section 75 model template at the local level.
3. Make sure there's a clear link between local policy and planning obligation requirements.
4. Have clear, up-to-date guidance on the calculation of affordable housing contributions.
5. Introduce clear time limits for time limits for concluding Section 75 agreements.
6. Include the Section 75 process within processing agreements.
7. Appoint a single point of contact or dedicated person for planning obligations.
8. Adopt active project management to track planning obligations and follow up outstanding agreements.
9. Consider using planning conditions to secure contributions instead of planning obligations.
10. Consider using of Section 69 of the Local Government (Scotland) Act 1973 instead of using Section 75 planning obligations.

The Planning Review Panel's report, Empowering planning to deliver great places, sets out the need to simplify Section 75 Agreements. We are continuing to work with authorities to consider further improvements.