S.75 Agreements

There will always be differences of opinion between planning authorities and proponents on the extent of the benefits of planning to be paid because of the different objectives of the public and private sectors. The Scottish Government has made it clear that payments through planning commitments should only be requested if they meet all the policy tests presented in its 2012 circular, i.e. we have experience in complex multi-party negotiations and planning agreements for specialist projects, such as the development of major management plans and renewable energy infrastructure. We also advise you on the future safety of your developments in light of the upcoming changes under the Planning (Scotland) Act 2019. The Ministry of Health`s White Paper (2010) promises both the sustainability of existing partnership agreements and the simplification of the procedures needed to establish partnerships. Many of the efficiency gains and user outcomes mentioned in this example relate to new integrated management structures and services. The establishment of a Section 75 Partnership Agreement is currently the process for the creation of such services. However, feedback from stakeholders suggests that the process can be simplified and improved. We help our clients negotiate, modify, comply, execute and appeal decisions related to Section 75 agreements and other legal planning agreements. Our experience includes contracts with utility companies, general interest agreements, comparative agreements between opposing parties and advice on the planning aspects of commercial contracts and leases. Understanding the impact of the agreements described in Section 75 and ensuring that they are properly developed may be essential for the viability of a project. Section 75 Partnership agreements, provided for by NHS Act 2006, allow for the pooling of budgets between health planners/providers and social providers, resources and management structures.

Most NHS Trusts, care trusts and councils have a kind of bundled funding system, with pooled resources that account for about 3.4% of the total health and social services budget. Traditionally, a planner must contact several internal and external consultants to determine if a planning obligation is required in accordance with the planning policy. In the 32 local authorities in Scotland, there are many approaches to how planning agreements are concluded, with examples of good and bad practices. Like what. B in the commission`s reports, there may sometimes be little clarity on the amount of contributions due and the payment dates associated with them. This means that once the planning committee intends to grant the building permit, subject to the conclusion of a legal agreement, there may be extensive negotiations and disagreements on its terms, resulting in delays. The specific objectives for the implementation of the Section 75 agreements are: Section 75 Partnership agreements, provided for by the NHS Act 2006, allow budgets to be grouped between institutions and local authorities on health and social services. Management resources and structures can be integrated and functions redistributed between partners. The legal mechanisms for pooling budgets (the Partnership Agreement under Section 75) should allow for greater integration between health care and social services and more locally-friendly services.