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Planning Agreements and Positive Planning for Sustainable Communities in Scotland

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Appendix 7: Legal Agreements in Expressions of Scottish Executive Policy

Policy Statement

Date

Provisions

Circular 12/1996 : Planning Agreements

1996

See body of main report for description and assessment

SPP1 : The Planning System

2002

Paras 55-56. Repeats provisions of Circular 12/1996

SPP3 : Housing

2003

Para. 78 : Local plans should include a policy framework indicating how
affordable housing is to be achieved including any role for planning agreements.
Para. 84 : repeats provisions of SSP1/Circular 12/1996
Para. 85 : Development plans should be "clear about the likely scale of developer contributions" ; such provisions should be drawn up in consultation with the relevant parties; cost of provision "should be commensurate with the scale of development proposed"
Regulatory Impact statement (Para. 15) : Commentary on the likely on-costs to the industry of providing affordable housing.

NPPG 4: Land for Mineral Working

2001

Para. 97 : Local plans should identify potential for using legal agreements in
minerals permissions.

NPPG 5 : Archaeology and Planning

Para 27: Possible use of legal agreements to back up conditions relating to
recording or salvage excavation.

NPPG6 : Renewable Energy
Developments

Para 56: Brief reference to validity of use

SPP7 : Planning and Flooding

2004

No specific mention

NPPG 8 : Town Centres and Retailing

No specific mention although legal agreements are frequently used to control
ranges of goods etc.

NPPG 9 : roadside facilities

No specific mention

NPPG 10 : Planning and Waste
Management

Para 103 and Para 15 of Annex : Brief reference to validity of use

NPPG11: Sport, physical recreation and
open space

Para. 100: May be appropriate to use planning agreements to secure the provision
or enhancement of open space and sporting recreational, social, educational or
other community facilities if a major development proposal is to be able to proceed.
Para. 101 : Legal agreements are to be used selectively and with discretion.

NPPG 12 : Skiing

No specific mention

NPPG 13 : Coastal Planning

No specific mention

NPPG 14: Natural Heritage

Paras. 75-78 : Agreements can be specifically used to safeguard important features
and impose obligations relating to aftercare, restoration etc.; also refers to forms of
Agreement under other legislation.

NPPG 15: Rural Development

Para. 60 : Agreements can be used to add valuee.g. to safeguard particular
features of the built heritage and landscape.… and by allowing innovative
development to proceed whilst securing benefit for the community as a whole.

NPPG 16 : Open Cast Coal and Related
Minerals

Paras. 56 & 57 : Agreements should be considered where the environmental impacts of coal extraction cannot be controlled by conditions alone viz. timing, phasing, programming of works on site, aftercare and restoration.

NPPG 17 : Transport and Planning

1999

Paras. 23 & 77 : LPAs are expected to take a proactive approach to implementing
policies; development plans and Local Transport Strategies should provide a
transparent basis for negotiation with developers. Planning agreement are a key
tool in helping to delver more sustainable solutions.

SPP17 : Addendum to NPPG 17

2003

No specific mention

NPPG 18 : Planning and the Historic
Environment

1999

No specific mention

NPPG 19 : Radio Telecommunications

2001

No specific mention

SPP? : Rural Development
(Consultation draft)

2004

No specific mention

Footnote : "No specific mention" should not be taken to apply that the use of legal agreements is inappropriate or unnecessary in the cotext of the policy advice. This term has been applied where there is no specific reference to the term in the document.

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Page updated: Thursday, September 8, 2005