The issue of "planning gain" is one of the most
contentious in relation to planning. Certainly until the recent
financial difficulties it was common for developers to offer up
"planning gain" as part of the process of securing
planning permission. There is Scottish Government guidance on the
issue set out in Circular 12/1996. While that Circular is under
review most involved in the industry consider that the Circular
contains sound guidance. The issue is not the wording of this
Circular but rather its interpretation and application.
It is common knowledge that local authority spending has been
under pressure for some time. While the economy was buoyant (and
similarly house prices and land prices were buoyant), developers
probably had more latitude in what they were prepared to agree to,
not least if that avoided the delays that might result from an
inquiry. Against that background it is probably fair to suggest
that to some extent the expectations of local authorities
