Planning Gain

Introduction

 

 

 

 

 

 

 

 

 

 

 

 

 

Aberdeen City Council, in line with other Planning Authorities in Scotland, operates a system of Developer Contributions, also known as 'Planning Gain', in relation to Infrastructure and Affordable Housing requirements resulting from certain planning applications.

Infrastructure Contributions

Infrastructure contributions are required where developments would require infrastructure improvements or measures to mitigate adverse impacts, in order to make them acceptable for planning permission, and where the use of planning conditions alone would not make the proposal acceptable. Infrastructure contributions are expected to address the consequences of development, not make good any existing shortfalls.

Infrastructure contributions are assessed on the basis of the impact of the development on the infrastructure and amenity of the area in which the development is proposed. Contributions may go towards local provision for recreation or community facilities, access education or a combination of these (please note this list is not exclusive). Please note that all developments will be treated on an individual basis and will be in scale and kind to the development under consideration as per Scottish Government guidance on this issue contained in Circular 12/1996

Contributions may be made for specific projects that are necessitated as a direct consequence of a development. They require to be spent within the time limits defined in the agreement (or returned) and cannot be redeployed for other functions for which the local authority is responsible.

Affordable Housing

Affordable housing contributions will be required on the basis of the established housing need in Aberdeen City. This requirement is supported by Scottish Government guidance in SPP and PAN 74 to enable the provision of low-cost homes for rent and sale. In consequence, a proportion of a development will be used as the basis for calculating the requirement to provide such housing on site or by means of a commuted sum. (Current adopted Local Plan Policy requires a minimum of 10% of units to be affordable where 20 units or more are proposed although this may change with the adoption of a new Local Plan based an on up-to-date Housing Audit)

On-site provision is the preferred option for the City Council as it encourages and promotes mixed communities and help promote social inclusion. Affordable housing should remain affordable in perpetuity and efforts will be made to achieve this through planning conditions, legal agreements or by encouraging development in partnership with Registered Social Landlords.

General Note

Developers are encouraged to contact the Planning Gain Officer (contact details below) at an early stage in order to ascertain if a financial contribution or affordable housing provision is required and, if so, what the likely level would be.

Should it be that affordable housing provision is required, there will be a requirement to enter into a section 75 Legal Agreement with the Council whereby to ensure that the affordable housing element is retained as such. In terms of infrastructure contributions, there is not always a requirement for a Legal Agreement. Exact details of any contributions will come out during discussions with the Planning Gain Officer. Please note that planning permission will be withheld until either the Legal Agreement is signed or the payment of Infrastructure Contributions has been received.

Relevant Policies and Guidance

  The Aberdeen Local Plan: Chapter 3 - Policies 42 Affordable Housing and 83 Developer Contributions

  Planning Advice Note PAN74: Affordable Housing

  Scottish Planning Policy SPP: section on housing

 

Contacts

• Karine Suller
  Planning Gain Service
  Aberdeenshire Council
  c/o Banchory Area Office
  The Square
  Banchory
  AB31 5RW
  Phone: 01330 826933
  Fax: 01330 823972
  Email: karine.suller@aberdeenshire.gov.uk
  
  
• Development Management Team
  Enterprise, Planning and Infrastructure
  Aberdeen City Council
  Business Hub 4
  Marischal College
  Broad Street
  Aberdeen
  AB10 1AB
  Phone: 01224 523470
  Fax: 01224 523180
  Email: pi@aberdeencity.gov.uk