Developer Contributions Supplementary Guidance

Closes 17 Sep 2024

Open Space Ongoing Maintenance

Related information

  1. Town centre improvement strategies may emerge, and when these are developed projects with costs, 20-minute neighbourhood project and other town centre projects may evidence other public realm improvements where contributions could be taken from development proposals. These will be reviewed and costed in subsequent Action (Delivery) Programmes. Future contribution zones could be developed in a similar manner to the city centre public realm contribution zone. 

  1. Elsewhere, it is expected that general footway improvements (including creating new pavement where one does not exist before, to make the development accessible and therefore acceptable in planning terms) in the vicinity of development can be delivered as part of RCC and Roads Act, and not through developer contributions route. 

Open space ongoing maintenance  

  1. Where development will provide open space, trees and other green blue infrastructure, there must be adequate arrangements for ongoing management and maintenance. The Council favours factoring on behalf of the private landowner(s) but will consider adoption should sufficient maintenance resources be made available. 

  1. The Council will only accept responsibility for open space and public realm maintenance and management if it owns the land in question unless part of a section 7 agreement with Scottish Water. 

  1. If the developer wishes the Council to undertake long term maintenance of these facilities within the development site, land ownership must be transferred to the Council by legal agreement and adequate revenue resources made available. 

  1. Open spaces and public realm areas within the development site that are not transferred to the Council will require to be safeguarded as being publicly accessible and maintained and managed to a standard acceptable to the Council. This may be undertaken by a property management company or other appropriate body, such as a Trust. 

  1. Development proposals containing including new and/or enhanced green blue infrastructure will be required to provide details of the proposed management and maintenance arrangements to the Council for its approval. This must include details of the parties responsible for the short-term establishment and long-term maintenance of open space and green blue infrastructure. Management and maintenance plans must also include the funding mechanism over the lifetime of the development.  

55. Do you have any comments on the proposed approach to open space ongoing maintenance?
56. Do you have any other comments on aspects of Part 5: Green Blue Infrastructure (Green Blue Network and Public Realm) of the draft Supplementary Guidance?