Planning Circular 3/2012 – Planning obligations and good neighbour agreements

Planning obligations made under section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended) should only be sought where they meet all of the following tests:
 necessary to make the proposed development acceptable in planning terms (paragraph 15)
 serve a planning purpose (paragraph 16) and, where it is possible to identify infrastructure provision requirements in advance, should relate to development plans
 relate to the proposed development either as a direct consequence of the development or arising from the cumulative impact of development in the area (paragraphs 17-19)
 fairly and reasonably relate in scale and kind to the proposed development (paragraphs 20-23)
 be reasonable in all other respects (paragraphs 24-25)