New Planning Gain Regulations: A Double Whammy for Councils or a Winning Approach, asks Tods Murray
Moves to create a clearer framework for planning agreements could see councils receiving less benefit from local developments, warns Martin Drummond, planning consultant at Tods Murray LLP, leaving many local authorities hit by a double whammy of budget cuts and diminished planning gain.
But, he says, if councils and developers hold true to the collaborative spirit of the planned legislation everyone wins.
The Scottish Government’s consultation on the issue of planning obligations is now concluded and councils and developers are anticipating far reaching changes to the planning agreement process under Section 75 of the Town and Country Planning Scotland Act 1997, later this year.
New legislation is likely to favour the developer, particularly if the proposed right of appeal to Scottish Ministers for applicants is introduced, putting councils under more scrutiny and greater pressure to compromise. But Martin believes that the new regulations herald a fresh approach and are a win-win for both councils and developers.
He says:
"Planning agreements have been part of established planning practice for many years and are now an accepted part of the planning process particularly where major developments are concerned and the planning authority wishes to capture some "planning gain" for the community.
“Typically, such gains have been characterised by financial payments for roads infrastructure, social infrastructure such as schools, playing fields and so on and more recently in a sustainable planning environment they have been used to facilitate environmental gains such as green transportation and commitments to lower carbon emissions.
“What the government is now saying to those involved in planning in Scotland is that the way in which such agreements are entered into must be better codified and there are now various tests all of which have to be met before an agreement could be considered acceptable.
“Now, for the first time, where a developer or landowner is seeking to obtain planning permission and that permission will be contingent upon the entering of a planning agreement and that agreement cannot be reached then the applicant will have a right of appeal to Scottish Ministers on the financial viability of the agreement or its acceptability in wider planning terms.
“Some councils may feel that this could hit them hard at a time when they must squeeze every penny out of their budgets or look for new ways to generate value for their communities. However, too many development proposals have been postponed or abandoned because local authority requirements rendered them impossible in the current market. The opportunity to free up that bottleneck now exists.
“The new legislation indicates that government and councils are now more in tune with the needs of the development industry and this paves the way for greater collaboration. Through the new legislation and guidance we will see some of the country's larger development projects commence and accelerate towards completion – as well as many of the smaller ones beginning to see the light of day – providing a much needed stimulus to the local economy.”
Contact Martin Drummond
Notes to Editor:
1. Tods Murray is a leading independent Scottish law firm, dedicated to providing first rate, innovative and commercially aware specialist advice to companies, institutions and organisations, within both the private and public sectors, and to families, individuals and charities.
2. Tods Murray has offices in Edinburgh and Glasgow and has 37 partners.
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