Question reference: S3W-02239
- Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
- Date lodged: 18 July 2007
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Current status: Answered by Stewart Stevenson on 2 August 2007
Question
To ask the Scottish Executive what its definition is of planning gain.
Answer
There is no precise agreeddefinition of planning gain. Section 75 of the Town and Country Planning(Scotland) Act 1997 to be amended by section 23 of the Planning etc (Scotland)Act 2006 sets out the powers available to planning authorities to enter intoplanning obligations with a developer or landowner. Circular 12/96 on planning agreementsprovides further guidance on policy on the use of these powers to enter intoagreements to restrict or regulate the development of land. The Scottish Governmentis currently considering revision of the operation of planning obligations in Scotland.Any changes would be expected to be in place by 2009 and would take account of the views of relevant stakeholders.