Developer Contributions Supplementary Guidance - Status of the Guidance

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.