The Court of Session has quashed the Supplementary Guidance - Strategic Transport Fund, adopted by Aberdeen City and Shire Strategic Development Planning Authority.
Scottish Government Circular 3/2012 acknowledges that developers may reasonably be expected to pay for or contribute towards the provision of infrastructure which would not have been necessary but for the development.
The concept of the STF is that, by sharing the financial burden widely across the region, no one development will be liable for the cost of a specific strategic project or delayed by its implementation.
The idea is that all developments in the Housing Market Area are expected to make a contribution to all the strategic improvements.
The Inner House held that the SG failed to comply with the requirement in the Circular that any planning obligation must relate directly to the development proposed.
Contributor
Neil Collar
Partner
