Introduction
1. Following the announcement by the First Minister on 19 August that the planned review of Planning Obligations under the 2006 Act would be postponed in order to avoid additional burdens on the development industry during the current period of economic uncertainty, the Scottish Government made a decision to focus on how best to make the current system of planning agreements - set out in Section 75 of the Town and Country Planning (Scotland) Act 1997 and implemented through Circular 12/1996 - operate more effectively in order that agreements can be taken forward in a more transparent and consistent manner.
2. A draft revised circular has been developed with input from key stakeholders from both the private and public sectors.
3. The draft circular makes a number of changes to the current guidance based on feedback gleaned from the stakeholder group. While the changes do not represent major reform of the planning agreement process, they do place more emphasis on certain aspects of the process. In particular the guidance places more importance on the early identification of requirements for planning agreements in development plans.
4. The purpose of this consultation is to seek views on the proposed revised Circular ( annex A). The consultation contains a number of specific questions ( annex B) on which respondents' views are sought. There is also a more general question inviting comments on the overall proposals as well as associated documentation (the RIA and EqIA). Respondents are asked to bear in mind that the revised Circular is intended to address the process of establishing planning agreements made under the existing legislation (Section 75 of the Town and Country Planning (Scotland) Act 1997. The Scottish Government is aware that the Planning etc (Scotland) Act 2006 will introduce some changes to the process, however these provisions are yet to be implemented and are therefore outwith the scope of the revision. Respondents are welcome to comment on the 2006 Act measures, however, we cannot guarantee that any views expressed on such matters can be fully addressed in the consultation report.