3 - S75 Update Report - November 25 RevA
Renfrewshire Council · 4 November 2025
Back to Planning and Climate Change Policy Board — 4 November 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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PUBLIC ___________________________________________________________________ To: Planning and Climate Change Policy Board On: 4 November 2025 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Section 75 Agreements - Update ___________________________________________________________________ 1. Summary 1.1 This report seeks to provide an update in respect of Section 75 (S75) agreements which are currently being negotiated by officers following a decision being made in relation to the respective planning application. 1.2 S75 agreements secure planning obligations which seek to mitigate the impacts of a proposed development and make it acceptable in planning terms. They can be used to secure financial contributions to, or in-kind provision of, necessary new social and community infrastructure to support new developments. ________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Board: (i) Note the ongoing negotiations which are taking place in respect of securing planning obligations which will be secured by a Section 75 agreement, in accordance with Section 75 of the Town and Country Planning (Scotland) Act 1997. ___________________________________________________________________ 3. Background 3.1 Planning obligations seek to mitigate the impacts of a proposed development and make it acceptable in planning terms. They can be used to secure financial contributions to, or in-kind provision of, necessary new social and community infrastructure to support new developments.
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PUBLIC 3.2 Obligations are usually entered into in accordance with Section 75 of Town and Country Planning (Scotland) Act 1997, as amended, and are commonly referred to as S75 Agreements. They are often used where a planning condition or another form of legal agreement would not be appropriate to address the impact of the development in question. 3.3 Planning obligations can be entered into between a person with an interest in the land and the planning authority; or via a unilateral undertaking by a person with an interest in the land. S75 agreements run with the land and the obligation continues to be enforceable against any subsequent owner of the land until such time as the details of the agreement are fully discharged by the local planning authority. 3.4 Scottish Government’s policy on Planning Obligations is expressed in Circular 3/2012 (Planning Obligations and Good Neighbour Agreements - Revised 2020). The Circular sets out five tests which must be met when seeking to secure a planning obligation: Necessary to make a proposal acceptable in planning terms (and overcome a barrier to the approval of planning permission); Serve a planning purpose where it is possible to identify infrastructure provision requirements to advance, should relate to development plans; Be related to the proposed development either as a direct consequence of it or arising from the cumulative impact of development in an area; Fairly and reasonably relate in scale and kind to the proposed development (provide or contribute to the provision of infrastructure that would not be necessary were it not for the development, on a proportionate pro-rata basis as appropriate, but not to resolve existing deficiencies); and Be reasonable in all other respects. 3.5 A number of planning applications are approved subject to a Section 75 agreement being put in place. For information, it should be noted that planning consent is not issued until such times as the S75 agreement has been signed and registered as required. 3.6 Further to the report considered at the March 2024 meeting of the Planning and Climate Change Policy Board, no new applications have been granted subject to a Section 75 agreement, while those that have been previously approved subject to an agreement have not yet been concluded. 3.7 In light of the above, the following applications are currently subject to Section 75 negotiations: 22/0178/PP: Residential development comprising 59 dwellinghouses and 24 flats, including access, drainage, landscaping and associated works at a site between Sandieland Wood and Flourish Road, Erskine; and 22/0481/PP: Erection of residential development comprising 64 dwellings with associated road and drainage infrastructure at former St. Brendans Social and Recreation Club, Stirling Drive, Linwood.
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PUBLIC 22/0178/PP: Site between Sandieland Wood and Flourish Road, Erskine 3.8 The above noted application relates to the erection of residential development comprising 59 dwellinghouses and 24 flats, including access, drainage, landscaping and associated works. 3.9 The application was approved subject to conditions and a S75 agreement at the meeting of the Planning and Climate Change Policy Board in November 2022. 3.10 The S75 agreement is required to secure the following: 24 affordable flats; Financial contribution in respect of education provision within the school catchment; and The provision of a formal pedestrian crossing point on Florish Road, Erskine. 3.11 Following the board decision, a draft S75 agreement has been exchanged between all parties concerned however, to date, no agreement has been reached. 3.12 In light of the demise of the applicant, Stewart Milne Homes, CALA Homes have confirmed that they intend to take forward the site and are currently preparing to provide revised plans in respect of the development. 3.13 Any revised layout will be considered and determined at a future meeting of the Planning and Climate Change Policy Board. 22/0481/PP: Former St. Brendans Social and Recreation Club, Stirling Drive, Linwood 3.14 The above noted application relates to the erection of a residential development comprising 64 dwellings with associated road and drainage infrastructure. 3.15 The application was approved subject to conditions and a S75 agreement at a meeting of the Planning and Climate Change Policy Board in November 2023. 3.16 The S75 agreement is required to secure the following: Financial contribution in respect of enhancements to an offsite play park to the north of Gilmartin Road, Linwood and associated tree planting; Financial contribution in respect of education provision within the school catchment; and The provision of affordable housing in line with the respective LDP policies.
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PUBLIC 3.17 Following the March 2024 meeting of the Planning and Climate Change Policy Board, the representatives of the applicant have been in touch to commence discussions in relation to the S75 agreement. 3.18 Discussions have been ongoing, however no agreement has yet been reached. In this regard, the application in question is being returned to Board with a revised recommendation which would enable the obligations to be secured via condition. A separate report relating to this matter forms part of the agenda. ___________________________________________________________________ Implications of the Report 1. Financial – Should the S75 agreements be signed and registered planning consent will be issued and thereafter any financial contributions will require to be paid to the council in line with the respective agreement. Payments received would then be released to the appropriate service as required to meet the obligations set out in the associated legal agreement or returned to the applicant where applicable. 2. HR & Organisational Development – None. 3. Community/Council Planning – None. 4. Legal – S75 agreements require to be negotiated in line decision made at the respective board meeting and thereafter registered as appropriate following agreement and signing. Thereafter obligations will require to be discharged or varied where appropriate when monies have been spent or returned. 5. Property/Assets - None 6. Information Technology - None 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - None 9. Procurement - None 10. Risk - None 11. Privacy Impact – None
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PUBLIC 12. Climate Risk – None. 13. Children’s Rights – not applicable. 14. COSLA Policy Position - None. ___________________________________________________________________ Author: David Love, Chief Planning Officer Tel: 07483410182; Email: david.love@renfrewshire.gov.uk