Scottish Planning Series: Planning Circular 1/2010: Annex to Circular 1/2010: Planning Agreements. Planning Obligations And Good Neighbour Agreements

GOOD NEIGHBOUR AGREEMENTS ( GNAS)

General principles

12. The provisions in both the primary legislation and the regulations in respect of GNAs broadly follow a similar approach to those set out for planning obligations, although there are a number of significant differences.

Who can enter into a GNA?

13. A GNA is entered into between a person, for example a landowner or developer, and a community body (as opposed to a planning authority). A community body is defined (section 75D of the 1997 Act as amended) as being either;

• The community council for the area in which the land in question (or any part of that land) is situated; or,
• A body or trust whose members or trustees have a substantial connection to the land in question and whose object or function is to preserve or enhance the amenity of the local area where the land is situated.

14. In the case of a body or trust, other than a community council, the body must be recognised by the planning authority as meeting the criteria set out above; i.e. that the members or trustees have a substantial connection with the land and that the body seeks to preserve or enhance amenity.

15. There is no provision in the legislation for any person to propose or enter into a unilateral GNA.

What can a GNA require?

16. A GNA may 'govern operations or activities relating to the development or use of land, either permanently or during such period as may be specified in the agreement'. A GNA may make provision, for example, that information is provided to the community body regarding the nature and progress of development on a site. It should be stressed however that a GNA may not require any payment of monies.

17. As with a planning obligation, a GNA (to which an owner of the land is a party) may be registered in the General Register of Sasines or the Land Register of Scotland, making it enforceable against future owners or occupiers of the land.

18. A GNA should not be viewed as an alternative to a planning obligation. A planning authority should not generally seek to make it a requirement for the grant of planning permission that a GNA be put in place.