Section 69 Agreement Planning in Scotland: A Comprehensive Guide
When it comes to planning and development in Scotland, one important aspect to consider is the Section 69 Agreement. This agreement is a legal requirement under the Town and Country Planning (Scotland) Act 1997 and is aimed at securing the necessary infrastructure to support new developments.
In this article, we’ll explore what the Section 69 Agreement is, why it’s important, and the key steps involved in the process.
What is a Section 69 Agreement?
A Section 69 Agreement is a legal agreement between the developer and the local planning authority that sets out the infrastructure requirements necessary to support a new development. This can include provisions for roads, footpaths, cycleways, drainage, and other essential services.
The agreement is designed to ensure that the necessary infrastructure is in place before the development is occupied, to avoid putting undue strain on existing services.
Why is a Section 69 Agreement important?
Section 69 Agreements are important for a number of reasons. Firstly, they help to ensure that new developments are sustainable and can be easily accessed by residents and visitors. This can help to reduce congestion, improve air quality, and promote more active modes of transport.
Secondly, Section 69 Agreements can help to ensure that the costs of providing infrastructure are shared fairly between developers and the local community. This can help to prevent developers from shifting the burden of infrastructure costs onto local taxpayers.
Finally, Section 69 Agreements can help to ensure that new developments are compatible with the wider planning policies and objectives of the local authority. This can help to promote sustainable development and protect valued environmental assets.
What are the key steps involved in the Section 69 Agreement process?
If you’re planning a new development in Scotland, here are the key steps involved in the Section 69 Agreement process:
Step 1: Pre-application consultation
Before submitting a planning application, it’s a good idea to engage in pre-application consultation with the local planning authority. This can help to identify any potential infrastructure requirements and ensure that the development is compatible with wider planning policies and objectives.
Step 2: Submitting a planning application
When you submit your planning application, you’ll need to include a Section 69 Agreement that sets out the infrastructure requirements for the development. This should be based on the findings of your pre-application consultation.
Step 3: Negotiating the agreement
Once the planning application has been submitted, the local planning authority will review the Section 69 Agreement and may request amendments. You’ll need to negotiate the terms of the agreement until both parties are satisfied.
Step 4: Signing the agreement
Once the Section 69 Agreement has been finalised, it will need to be signed by both the developer and the local planning authority. This will make the agreement legally binding.
Step 5: Providing the infrastructure
Once the development is complete, the developer will need to provide the necessary infrastructure in accordance with the Section 69 Agreement. This may involve the construction of roads, footpaths, drainage, and other essential services.
Step 6: Verification and adoption
Once the infrastructure has been provided, the local planning authority will verify that it meets the requirements of the Section 69 Agreement. If satisfied, they will adopt the infrastructure and assume responsibility for its ongoing maintenance and operation.
Conclusion
Section 69 Agreements are an important part of the planning process in Scotland. By ensuring that new developments are supported by the necessary infrastructure, they can help to promote sustainable development and protect the interests of the local community.
If you’re planning a new development in Scotland, it’s important to understand the Section 69 Agreement process and work closely with the local planning authority to ensure that your development meets the necessary requirements.