Introduction
It’s April 2026, and artificial intelligence continues to improve at pace. I’ve recently started using OpenAI Codex against my GitHub repositories, which has been my wow moment for this month and this is encouraging me to be more ambitious in the problems I investigate.
In many ways, it feels similar to my early days of database administration and programming — where fresh solutions opened up to me. Tasks that once felt out of reach are becoming accessible, and it’s pushing me to expand things I take on: tackling more complex challenges while also automating the smaller, more routine ones I previously did not have the time for.
One of the more interesting aspects is revisiting problems that didn’t quite work the first time. Leaving something for a few months and then returning to it with a newer, more capable model can change the outcome. What once stalled can suddenly become straightforward.
While the coding capabilities are impressive, I’ve also found AI to be genuinely useful for navigating legal questions and day-to-day professional frustrations. The speed at which you can explore and research legal questions is striking—though I still limit myself to areas I have grounding in. I suspect many of the legal professionals I deal with are quietly making use of similar tools.
A good example is the draft Section 75 agreement template below, which I’ve been iterating on with ChatGPT. There’s real value in building something like this from the ground up. The process itself deepens your understanding, even if it inevitably introduces a certain bias towards your own version. That’s both a strength and a weakness.
There are definitely elements of this draft that I prefer over more standard templates, and asking for a template like this and immediately recieving a clearly structured, well-formatted, and grammatically competent draft is a significant time saver. I do wonder about atrophy and how it will affect general competency long term but we shall see.
Anyway—here it is.
SECTION 75 AGREEMENT
RELATING TO PLANNING APPLICATION [INSERT PLANNING APPLICATION NUMBER]
BETWEEN
[INSERT FULL NAME OF PLANNING AUTHORITY], a local authority constituted in terms of the Local Government etc. (Scotland) Act 1994 and having its principal offices at [INSERT ADDRESS]
(hereinafter referred to as the “Planning Authority”)
AND
[INSERT FULL NAME OF OWNER/DEVELOPER], a company incorporated under the Companies Acts (Company Number: [INSERT NUMBER]) and having its registered office at [INSERT ADDRESS]
(hereinafter referred to as the “Owner/Developer”)
RELATING TO
The land at [INSERT SITE ADDRESS / DESCRIPTION OF LAND]
(hereinafter referred to as the “Land”)
PURSUANT TO
Section 75 of the Town and Country Planning (Scotland) Act 1997
DATED
[INSERT DATE]
1.0 Definitions
1.1 “Indexation”
“Indexation” means the adjustment of any Contribution payable under this Agreement to reflect changes in costs over time, calculated by reference to the percentage change in the Index between the Base Date and the relevant date of payment.
The indexed amount shall be determined by multiplying the Contribution by a fraction:
- the numerator of which shall be the Index figure most recently published prior to the date of payment, or, where Contributions are payable in phases or tranches, the Index figure applicable at or nearest to the date of practical completion of the final Residential Unit within the relevant tranche of the Development; and
- the denominator of which shall be the Index figure published for the Base Date.
For the purposes of this Agreement:
- “Index” means the Building Cost Information Service All-in Tender Price Index (or any index derived therefrom including any index published by the Royal Institution of Chartered Surveyors for the purposes of the Community Infrastructure Levy); and
- “Base Date” means the date specified within the relevant Contribution definition or, where applicable, the corresponding date defined within any revised or replacement policy which takes precedence pursuant to this Agreement.
In the event that the Index ceases to be published, such alternative index as most closely reflects changes in construction costs shall be used, as reasonably agreed between the Planning Authority and the Owner/Developer.
1.2 “Residential Unit Contribution” [Name]
“Residential Unit Contribution” means the financial contribution payable by the Owner/Developer to the Planning Authority in respect of each Residential Unit constructed as part of the Development, such contribution being required towards [INSERT PURPOSE – e.g. education provision / transport infrastructure / healthcare facilities / community infrastructure] in accordance with the Planning Authority’s policies.
The Residential Unit Contribution shall be calculated as the sum of £[INSERT AMOUNT] per Residential Unit, multiplied by the total number of Residential Units comprised within the Development (or relevant phase or tranche thereof), and shall be subject to Indexation in accordance with the provisions of this Agreement.
For the purposes of Indexation, the Base Date applicable to the Residential Unit Contribution shall be [INSERT BASE DATE OR WORDING – e.g. the date specified within this definition / the date of adoption of the relevant policy], or such alternative date as may be defined within any revised or replacement policy which takes precedence pursuant to this Agreement.
1.3 “Residential Unit”
“Residential Unit” means any building or part of a building constructed for use as a separate dwellinghouse, including flats and houses
1.4 “Development”
“Development” means the development of the Land pursuant to the Planning Permission.
2.0 General Provisions
2.1 Planning Permission and Binding Effect
This Agreement is made in relation to the planning application submitted to the Planning Authority and registered under reference number [INSERT PLANNING APPLICATION NUMBER] (the “Planning Application”). The obligations contained within this Agreement are entered into pursuant to section 75 of the Town and Country Planning (Scotland) Act 1997 and are planning obligations for the purposes of that Act.
The Owner hereby agrees that the obligations contained in this Agreement shall be binding upon the Land and shall be enforceable against the Owner and any successors in title deriving title to the Land or any part thereof for the purposes of carrying out or completing the Development. This Agreement shall be registered in the Land Register of Scotland and shall run with the Land so that the obligations herein shall apply to and be enforceable against such persons deriving title from the Owner following the date of registration.
Notwithstanding the foregoing, the obligations contained within this Agreement shall not be binding upon, nor enforceable against, any individual purchasers, tenants, or occupiers of completed dwellinghouses within the Development, it being the intention of the Parties that such obligations shall apply only to the Owner/Developer and those undertaking the Development of the Land.
2.2 Review and Supersession of Contribution Obligations
Notwithstanding the terms of this Agreement, in the event that, at any time following the Date of this Agreement, the Planning Authority adopts, publishes, or otherwise brings into effect any revised or replacement policy, guidance, or framework relating to developer contributions (the “New Policy”), the relevant contribution obligations contained within this Agreement shall be deemed to be modified or superseded so as to accord with the provisions of the New Policy, but only to the extent that such modification or supersession would be beneficial to the Owner/Developer acting reasonably and having regard to the overall financial and timing impact of the contribution obligations when compared to those set out in this Agreement.
Where the New Policy would result in obligations which are more onerous or otherwise less beneficial, the contribution obligations contained within this Agreement shall continue to apply in full force and effect.
For the avoidance of doubt, such modification or supersession shall take effect automatically without the requirement for any application, notice, or further act by the Owner/Developer, but shall be given formal effect, where required for the purposes of registration, enforcement, or clarity, by way of a variation to this Agreement, such variation not to be unreasonably withheld or delayed by the Planning Authority.
2.3 Repayment of Unspent Contributions
In the event that any sum or sums paid by the Owner/Developer to the Planning Authority pursuant to this Agreement (the “Contribution”) have not been applied or committed (meaning contractually committed through a legally binding agreement) to the provision of the infrastructure, facility, or purpose for which they were collected, and where such infrastructure, facility, or purpose is not reasonably certain, in the opinion of the Planning Authority acting reasonably and supported by evidence of programme, funding, or delivery arrangements, to be delivered within a period of ten (10) years from the date of receipt of the final payment of all Contributions due in respect of the Development as a whole, then the Owner/Developer (or their successors in title) may, by written request to the Planning Authority, require repayment of the relevant Contribution (or such proportion thereof as remains unspent or uncommitted at that time), together with any interest accrued thereon where such interest has been retained by the Planning Authority.
Any such repayment shall be made within a reasonable period following receipt of the request.
2.4 Restriction of Obligation to Developers
Notwithstanding anything contained within this Agreement, the Parties agree that the obligations contained herein are imposed upon and shall be enforceable only against the Owner/Developer and any person deriving title to the Land for the purposes of carrying out or completing the Development, and shall not be binding upon, nor enforceable against, any individual purchasers, tenants, or occupiers of completed dwellinghouses within the Development. For the avoidance of doubt, no owner or occupier of any individual residential unit constructed pursuant to the Planning Permission shall be liable for or required to comply with any obligation contained within this Agreement, all such obligations being fully discharged in respect of any such unit upon its sale or lawful occupation following completion.
2.5 Use of Contributions
The Planning Authority shall apply Contributions solely for their intended purpose.
2.6 Restriction on Development
No Development shall commence on the Land unless and until this Agreement has been registered in the Land Register of Scotland, save for site investigation, remediation, demolition, or enabling works.
For the avoidance of doubt, no Residential Unit within any subsequent tranche of the Development shall be constructed or completed unless and until all Developer Contributions due in respect of the preceding tranche have been paid in full in accordance with this Agreement.
3.0 Payment of Developer Contributions
3.1 General
The Owner/Developer shall pay to the Planning Authority all Developer Contributions required in terms of this Agreement in accordance with the provisions set out herein. All such payments shall be subject to Indexation in accordance with the Indexation provisions of this Agreement and shall be paid at the times and in the manner specified in this Clause. For the purposes of this Agreement, any reference to the date of completion shall be taken as the date of issue of the relevant completion certificate in respect of a Residential Unit under the applicable building warrant.
3.2 Single Payment Trigger
Unless otherwise varied in accordance with the provisions below, the total Developer Contributions payable in respect of the Development shall be due in full upon the construction and completion of the first Residential Unit, such completion being evidenced by the date of issue of the first completion certificate under the relevant building warrant.
3.3 Payment in Two Tranches
Where Developer Contributions are to be paid in two tranches, fifty per cent (50%) of the total Developer Contributions shall be payable upon the completion of the first Residential Unit, such completion being evidenced by the date of issue of the first completion certificate under the relevant building warrant. The remaining fifty per cent (50%) shall be payable in advance of the construction and completion of the final Residential Unit within the Development, with payment being triggered by, and falling due immediately following, the completion of the preceding tranche of Residential Units, and in all cases prior to the completion of the final Residential Unit.
3.4 Payment in Four Tranches
Where Developer Contributions are to be paid in four tranches, twenty-five per cent (25%) of the total Developer Contributions shall be payable upon the completion of the first Residential Unit, such completion being evidenced by the date of issue of the first completion certificate under the relevant building warrant. The remaining seventy-five per cent (75%) shall be payable in three equal instalments, each instalment becoming due immediately following the completion of the preceding tranche of Residential Units and in advance of the construction and completion of the next tranche, such completion dates being evidenced by the relevant completion certificates issued under building warrants. For the avoidance of doubt, the final instalment shall be paid prior to the completion of the final Residential Unit.
3.5 Payment in Eight Tranches
Where Developer Contributions are to be paid in eight tranches, twelve and a half per cent (12.5%) of the total Developer Contributions shall be payable upon the completion of the first Residential Unit, such completion being evidenced by the date of issue of the first completion certificate under the relevant building warrant. The remaining eighty-seven and a half per cent (87.5%) shall be payable in seven equal instalments, each instalment becoming due immediately following the completion of the preceding tranche of Residential Units and in advance of the construction and completion of the next tranche, such completion dates being evidenced by the relevant completion certificates issued under building warrants. For the avoidance of doubt, the final instalment shall be paid prior to the completion of the final Residential Unit.
3.5 Adjustment for Discounts and Design Variations
Where any Developer Contributions are subject to discounts, reductions, or variation by reference to the design, specification, or type of Residential Units constructed, the final calculation and reconciliation of such adjustments shall be undertaken at the point of the final tranche payment. Any balancing sum arising (whether additional payment due to the Planning Authority or refund due to the Owner/Developer) shall be settled in full at that time.
4.0 IN WITNESS WHEREOF these presents consisting of this and the preceding pages are executed as follows:
EXECUTION by the PLANNING AUTHORITY
Executed for and on behalf of [INSERT FULL NAME OF PLANNING AUTHORITY] by:
…………………………………………………
Authorised Signatory
Full Name: ………………………………………
Designation: ……………………………………
Date: ………………………………………….
in the presence of:
…………………………………………………
Witness Signature
Full Name: ………………………………………
Address: ……………………………………….
EXECUTION by the OWNER/DEVELOPER
Executed for and on behalf of [INSERT FULL NAME OF OWNER/DEVELOPER] by:
…………………………………………………
Director
…………………………………………………
Director / Secretary
Date: ………………………………………….
in the presence of:
…………………………………………………
Witness Signature
Full Name: ………………………………………
Address: ……………………………………….
(Optional – if multiple owners / heritable proprietors)
Executed by [INSERT NAME OF INDIVIDUAL OWNER]:
…………………………………………………
Signature
Date: ………………………………………….
in the presence of:
…………………………………………………
Witness Signature
Full Name: ………………………………………
Address: ……………………………………….