Part IIIS Control over Development

Other controls over developmentS

[F175AModification and discharge of planning obligationsS

(1)A planning obligation may not be modified or discharged except—

(a)by agreement [F2in writing]F3... between the planning authority and [F4the person or persons] against whom that obligation is enforceable, or

(b)in accordance with this section [F5or] section 75B.

(2)A person against whom a planning obligation is enforceable may apply to the planning authority for [F6the obligation to]—

(a)[F7be modified as] specified in the application, or

(b)be discharged.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)On an application under subsection (2), the authority may determine that the planning obligation—

(a)is to continue to have effect without modification,

(b)is discharged, or

(c)is to have effect subject to [F9modifications].

[F10(4A)Where the authority propose to make a determination under subsection (4)—

(a)discharging the planning obligation despite that not being sought in the application, or

(b)modifying the planning obligation in a way that is not sought in the application,

they must obtain the applicant's consent before making the determination.

(4B)Where the authority propose to make a determination under subsection (4) modifying the planning obligation so as to put or increase a burden on any non-applicant, they must obtain that person's consent before making the determination.

(4C)Where an application under subsection (2) relates to more than one planning obligation, the authority may make a separate determination in relation to each planning obligation.]

(5)The authority are to give notice of their determination to

[F11(a)]the applicant[F12, and

(b)any non-applicant against whom the planning obligation is enforceable,]

[F13within such period as is prescribed.]

(6)This subsection applies where [F14an agreement under subsection (1)(a) or] a determination under subsection (4)(b) or (c) relates to a planning obligation the relevant instrument in relation to which has been recorded in the Register of Sasines or registered in the Land Register of Scotland.

(7)Where subsection (6) applies[F15—

(a)in a case relating to an agreement under subsection (1)(a), the agreement does not take effect until the date on which it is recorded in the Register of Sasines or registered in the Land Register, and

(b)in a case relating to a determination under subsection (4)(b) or (c),] the determination does not take effect until the date on which notice given under subsection (5) is so recorded or as the case may be so registered.

(8)Where the determination is under subsection (4)(c), the planning obligation is enforceable as modified—

(a)in a case where subsection (6) applies, from the date mentioned in subsection (7), and

(b)in any other case, from the date on which notice is given under subsection (5).

(9)Regulations may make provision with respect to—

(a)the form and content of an application under subsection (2),

(b)the publication of [F16or giving of] notice of any such application,

[F17(ba)the giving of notice of proposed determinations to which subsection (4A) applies,]

(c)procedures for considering any representations made with respect to any such application [F18or proposed determination], and

(d)the form and content of any notice given under subsection (5).

(10)In relation to any application referred to the Scottish Ministers by virtue of subsections (1) to (3) of section 46, the references in subsections (4) [F19, (4A), (4B), (4C)] and (5) (above) to the authority are to be construed as references to the Scottish Ministers.]