FOI Request - Section 75 Agreements
I have been made aware that Section 106 Agreements do not apply in Scotland, but there is an equivalent - Section 75 agreements (Town and Country Planning (Scotland) Act 1997). As such, can I please amend the FOI below to request the same information but pertaining to Section 75 agreements.
I am writing under the Freedom of Information Act to request information on planning obligations (“s106 agreements”) involving supermarkets (see definition below).
Please note I am interested in the following supermarket chains: Tesco, Asda, Sainsburys, Morrisons, Waitrose, Co-Op, Iceland, M&S, Aldi and Lidl (including other forms of their names). I am requesting applications for developments for any of these supermarkets, including those made by the supermarkets themselves and those made by other companies where the development will be one of the supermarkets.
1. Since May 1, 2009
a) Please provide a copy of all s106 agreements related to planning applications for the construction or redevelopment of supermarkets, in their original form, and then a copy of any applications to modify the s106 agreements, and any subsequent s106 agreements.
For each s106 agreement please state the name of the applicant and supermarket chain involved, the location, and the most recent planning reference number for the site it refers to.
For applications to modify, please state if the modifications were approved.
Please also state the legislation which any application to modify is made under.
For example, but not limited to:
- Applications to modify agreements using the Growth and Infrastructure Act (clause 7) - Affordable Housing Modification - which came into effect on 26 April 2013 (when the clause was introduced to s106 of the 1990 Town and Country Planning Act).
- Applications to modify agreements in which a person bound by the planning obligation can seek to have the obligation modified or discharged after five years.
- Instances in which provisions made in section 106 agreements have been appealed under an amendment (28th Feb 2013) to the The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992.
- All other instances where applications have been submitted to modify original s106 agreements.
The information you requested can be found here.