Developer Contributions Supplementary Guidance

Overview

Planning has recently produced draft Supplementary Guidance on Infrastructure and Developer Contributions. It was approved for consultation by Planning Committee on 26 June 2024.

Edinburgh is continuing to change and grow through new development and this is placing heavy demand on services and infrastructure. As the population rises, it is important that there is, for example, adequate education facilities, health services and travel infrastructure for people living and moving around the city.

The additional money required for new infrastructure and services is beyond that of the Council. Where possible, it is the Council’s preference that infrastructure is directly delivered by developers, secured by condition or legal agreement. However, developer contributions are also a key mechanism to address and mitigate the impact of new development by securing money towards the provision of infrastructure and services.

This consultative draft Supplementary Guidance provides an overview of the proposed approach to how the Council will seek developer contributions for the infrastructure set out in City Plan 2030. We think the proposed calculations ensure that each housing sites pays according to the impact they create. 

City Plan 2030 will be the Council’s next local development plan. We are at the stage where we have notified the Scottish Ministers of the Council’s intention to adopt the plan.

Within City Plan 2030, Policy Inf 3 Infrastructure and Developer Contributions sets out the Council’s policy requirements whilst the supporting text outlines that Supplementary Guidance will provide further detail on likely costs and methods of calculation for developer contributions for the infrastructure detailed in Part 4 of the City Plan 2030. The consultation is now on that required Supplementary Guidance.

The provision to prepare statutory Supplementary Guidance arises under Section 22 of the Town and Country Planning (Scotland) Act 1997. City Plan 2030 was prepared under this legislation. However, the recent Planning (Scotland) Act 2019 removes the provision to prepare statutory Supplementary Guidance. Under transitional arrangements planning authorities have until the end of March 2025 to prepare, submit and have Supplementary Guidance adopted by Scottish Ministers.  Following the necessary procedures, the Supplementary Guidance will be adopted as statutory Supplementary Guidance

There will be an 8 week consultation period to allow sufficient time for the draft Supplementary Guidance to be reviewed and the final version to be reported to Planning Committee and then submitted to the Scottish Ministers for their consideration before the March 2025 deadline.

Why your views matter

We would welcome early responses to this consultation. The responses to the consultation will be taken into consideration as we review the Supplementary Guidance.

This consultation on the draft Supplementary Guidance is not about the principle of developer contributions.

The principle of developer contributions established through Section 75 of the Town & Country Planning (Scotland) Act 1997 (as amended); and further advice is contained Circular 3/2012: Planning Obligations and Good Neighbour Agreements. National planning policy adopts an infrastructure first approach to development and NPF4 Policy 18 sets out the broad tests for when developer contributions can be used.

The consultation is not about what we are asking money for.

Part 4 of City Plan 2030 (tables 3-12) outlines the required infrastructure which was the subject to a wide consultation process.

The consultation does not cover the calculated cost of the infrastructure.

The scope of the consultation is limited to the draft Supplementary Guidance, and how we propose to calculate contributions.  We are looking for comments on these areas:

• General Principles
• Education
• Transport
• Healthcare
• Green Blue Infrastructure & Public Realm

You do not have to answer every question – there is a contents page where you can choose which parts and questions you want to answer.

We know that this consultation is technical. It is difficult to simplify the content and level of information involved. For this consultation, we recommend that you read the draft Supplementary Guidance.

Need a different language or format?

Please email the Interpretation and Translation Service at its@edinburgh.gov.uk quoting reference 24-1106.