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Report of Targets Working Group: Planning Services

ANNEX 4:

Topic Paper - Section 75 Agreements

Key Findings

The key findings are based upon the first four statistical returns since local government reorganisation.

During 1996/97, 155 planning applications were determined with a linked planning agreement. This accounts for approximately 0.4% of all consents (1 in 250).

During 1997/98, 213 planning applications were determined with a linked S.75 Agreement. This accounts for approximately 0.5% of all consents (1 in 200).

42% of agreements were related to small scale housing developments (less than ten dwellings).

18% of agreements were linked with proposals for business or industrial development

18% of S.75 Agreements were related to major residential development (more than ten dwellings).

8% of planning agreements were related to 'householder developments'.

5% of S.75 Agreements were related to minerals developments.

 

Commentary

Circular 12/1996 sets out current policy on the use of planning agreements. It recognises their role in making a development proposal acceptable in land use planning terms by overcoming obstacles to the grant of planning permission, improving the quality of development and reducing, eliminating or compensating for potentially negative impacts. Planning agreements must, however, have a planning purpose, relate to the development proposed, be related in scale and kind to the proposed development and be reasonable in all other respects.

The Circular raises the issue of delays caused by the need to agree, draft and implement the terms of an agreement. The statistics indicate, however, that only 155 (0.4%) of the 39,789 applications determined by Scottish local authorities during 1996/97 were linked with a S.75 Agreement. During 1997/98 the figure was 213 (0.49%). This figure, which represents an increase of 37% from the previous year, represents a very small minority of total cases and the delays associated with negotiating planning agreements is not likely to impact greatly upon development control performance overall. There are no wide variations between authorities in the proportion of applications linked to a S.75 agreement although the number of agreements does vary considerably.

It is not only large, complex applications that are likely to involve planing agreements; minor proposals also appear to generate issues best dealt with by means of an agreement rather than a planning condition. During 1997/98 42% (89) of all agreements were for 'minor residential' development. These were mostly in rural authorities such as Aberdeenshire, Argyll and Bute, Angus and Scottish Borders. In rural areas the practice of using an agreement to restrict occupancy of new houses, for example, seems widespread.

18% of planning agreements are associated with industrial or business developments. These are spread evenly across the different council areas.

On average, 18% of all agreements are related to 'major' residential developments i.e. developments of more than ten houses. A third of these are determined by Aberdeenshire and Fife Councils.

There were 15 planning agreements linked to householder applications. Aberdeen, Argyll and Bute and East Dumbartonshire Councils together determined 10 of these.

There were over 20 agreements linked to minerals developments. There were located in Aberdeenshire, Dumfries and Galloway, East Ayrshire, East Lothian, Falkirk, Fife, North Lanarkshire, South Lanarkshire and West Lothian. On average 10% of all minerals applications are linked with a planning agreement.

East Renfrewshire, Midlothian, Orkney and Highland Councils did not record entering into any planning agreements during 1996-98.

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