The Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010

Form and content of an application for modification or discharge of an obligation

3.—(1) An application to a planning authority for modification or discharge of an obligation entered into under a good neighbour agreement is to be made in accordance with this regulation.

(2) An application is to be made in writing and is to—

(a) contain the postal address of the land to which the obligation relates, or if the land in question has no postal address, a description of the location of the land;

(b) be accompanied by a plan sufficient to identify that land;

(c) be accompanied by a copy of the good neighbour agreement containing the obligation to which the application relates or otherwise contain sufficient information to identify that obligation;

(d) contain the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent;

(e) state if the applicant is a community body and, if not, state the relationship of the applicant to the land to which the obligation relates and why the obligation is enforceable against the applicant;

(f) state whether the applicant seeks the modification or discharge of the obligation and, if modification of the obligation is sought, set out the changes which the applicant wishes to be made to the obligation;

(g) set out the grounds on which the applicant seeks modification or discharge of the obligation;

(h) be accompanied by, a statement setting out (to the extent known to the applicant)—

(i) the names of the other parties to the good neighbour agreement and of other interested parties; and

(ii) the address at which such parties may be contacted; and

(i) be accompanied by evidence that the applicant has attempted to reach agreement regarding the modification or discharge of the obligation but has been unable to do so.