Developer Contributions Supplementary Guidance - Status of the Guidance

Closed 16 May 2025

Opened 3 Apr 2025

Feedback updated 10 Oct 2025

We asked

New statutory guidance on developer contributions was prepared to implement City Plan 2030 policies and accord with NPF4 policy on Infrastructure First. We asked members of the public, community and business groups, developers and consultants in the build environment their views on the draft guidance. An online survey sought the views on all aspects of the guidance. Consultation took place over a 24 July to 17 September 2024.

Following the decision by the Scottish Government to not allow the adoption of the guidance as statutory guidance, a further short survey over a six week period was conducted on the intention to progress the guidance as non-statutory guidance.

 

You said

Aspects of the guidance that raised responses included:

  • Impact of the contributions on overall levels of viability of development
  • Updates to the costs in Delivery Programmes
  • Methodology used to calculate impact on education infrastructure
  • Some transport interventions mitigate existing issues
  • Changes to the tram contributions
  • Evidence base for healthcare contributions
  • Sufficient link between development and green blue and public realm projects to seek contributions

On the second survey there were concerns about the status of the guidance and calls for City Plan to be modified to allow the guidance to be subject to independent examination.

We did

Limited changes were made as the methodologies for education and healthcare contributions were subject to scrutiny and accepted as part of the City Plan 2030 examination process. Transport interventions are proposals in City Plan 2030 and regarded as necessary to mitigate the impact of development.  

Other clarification were made to the final guidance include confirming a healthcare contribution for student accommodation and clarifying costs for sites outwith an identified zone, minor changes to the public realm contribution zone and to wording for traffic regulation orders to improve clarity.

Regarding modifications to the plan, while legislation appears to allow for this, it would come with legal risk, have an uncertain timeline and create significant impacts on resources. It was considered approving the guidance as non-statutory the best way forward.

On 10 September 2025, the Planning Committee approved the Developer Contributions and Infrastructure Delivery Guidance.   The guidance now forms non-statutory guidance and will represent a material consideration in the determination of planning applications and preparing legal agreements.

Overview

On 11 December 2024 Planning Committee approved finalised statutory Supplementary Guidance (SG) on Developer Contributions and Infrastructure Delivery. This followed an eight-week consultation period. The consultation responses and the Council’s response to these were appended to that report. The SG was then submitted as required to the Scottish Ministers for their consideration on 13 December. On 3 February 2025 the Scottish Government wrote to the Council to direct that the Council not adopt the SG.

Legislative provisions for making and updating SG fell away on 31 March 2025 as a result of the Planning (Scotland) Act 2019 and associated secondary legislation.

The Ministers did not raise any issues with the content of the SG in their Direction.  The outcome was based on their stated inability to consider the document as they thought desirable in the time available from their own timescales. We note that the process the Ministers refer to (using an independent Reporter) is seen by them as ‘desirable’ and is not required by legislation or custom and practice.

The Council now needs to decide on the status of this guidance.

Despite the Ministers’ direction, it is not reasonable nor practical for there to be no guidance on this topic. To do nothing and use the finalised SG in decision making would be unsatisfactory. Reliance on the principal City Plan policy (Inf 3) is not sufficient.

A decision from Planning Committee confirming its status and use as non-statutory planning guidance, for clarity of all future users, is considered the most appropriate way forward. For this reason, it is proposed that engagement on this matter is undertaken in advance of a final decision on its status.

Please email the Interpretation and Translation Service at its@edinburgh.gov.uk quoting reference 25-0524.

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