DISCLAIMER:
This duty is currently under review and has not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
Simple terms explainer
Sometimes, after planning permission has been granted, a developer may find that a legal agreement linked to the permission — often to secure things like affordable housing, open space, or road improvements — no longer reflects what is needed on the ground. A Section 75A application allows them to formally ask the council to change or remove one or more of these obligations. The council must assess whether the obligations are still necessary, fair, and relevant to the development. This includes considering whether circumstances have changed since the agreement was first made, whether the obligations are still proportionate, and whether modifying or removing them would still protect the public interest. The council will then decide whether to maintain, modify, or discharge the obligation.
Legal status
Statutory
Duty category
Planning
Duty type
Compliance
Social determinant of health
Neighbourhood and environment
Economic stability
Emerging policy and legislation
1
National bodies with shared interest
Heads of Planning Scotland (HOPS)
Standards and frameworks
1