The recent Scottish Government Report identified legal agreements (section 75s) as the second most common reason for delays in securing planning permission for housing.
Top 10 tips for avoiding delays:
- Think ahead. Too often details are not considered until the solicitors have begun to adjust the agreement and ask for instructions.
- Inexperienced developers often don't anticipate the need for a legal agreement – check early in the procedure – some planning authorities require developer contributions from single house developments.
- Discuss the need for a legal agreement with the planning authority as soon as the prospect is known; before the application is submitted is not too soon.
- Identify the type of legal agreement required and scope out the likely obligations.
- Avoid vague Heads of Terms, and identify the individual obligations and trigger points for payment of financial contribution or delivery of other contributions, not simply headings and amounts.
- If a section 75 agreement is needed make sure that all the relevant parties are aware and have advised their solicitors- applicant, landowner, tenant, secured lender, etc.
- Make sure the relevant title information is clear and up to date.
- Consider the provision of a certificate of title to the planning authority.
- Find out what the planning authority requires to complete the process. Councils practices differ.
- Does the planning authority have a template or pro forma agreement?
Report by Scottish Government here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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