Town and Country Planning (Scotland) Act 1997

[F1 75E Good neighbour agreements: modification and discharge of obligations S

(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

F1 Ss. 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.