Response to Edinburgh’s Supplementary Guidance on Development Contributions consultation
Montagu Evans LLP responded to the City of Edinburgh’s consultation on Supplementary Guidance on Developer Contributions, on behalf of the University. The response is in a form of a letter and appendix sent to the city’s Planning and Building Standards.
Planning and Building Standards
City of Edinburgh Council
Waverley Court
Market St
Edinburgh
EH8 8BG
By email: cityplan2030@edinburgh.gov.uk
17th September 2024
Dear Local Development Plan Team (City Plan 2030)
CONSULTATION RESPONSE ON DEVELOPER CONTRIBUTIONS SUPPLEMENTARY GUIDANCE ON BEHALF OF UNIVERSITY OF EDINBURGH
Montagu Evans LLP act on behalf of University of Edinburgh, who wish to make a representation on the Supplementary Guidance on Developer Contributions Consultation which is live on the Council’s website until 17th September 2024.
Appended to this letter is a standalone document containing the University responses as uploaded via the consultation portal.
The University recognise the need for development to contribute to infrastructure requirements where appropriate and required as a response to relevant policy and guidance, however this should always be considered in accordance with the relevant tests for applicability and proportionality as set out in the Scottish Government Circular 3/2012. Therefore, as part of this representation, it is highly important to draw attention to the significance of the role and contribution of the University to the city of Edinburgh, with regards to the wider local / regional economy, and as outlined below.
EDUCATION
The University should be exempt from contributions for education infrastructure delivery due to the large provision of education facilities throughout the city, which contributes to the well-renowned status of the city for high quality further and higher education. In addition, the University provides further educational support to the wider city and communities through the provision of the wider education pathways, internships, and land transactions, etc.
Furthermore, the University of Edinburgh is a significant contributor to the Edinburgh Science Festival, through the provision of space and academic input, and is also involved in in high school science mentoring, internships and partnerships, for example the new construction academy partnership with Balfour Beatty, demonstrating a large amount of involvement with regards to Education contributions to the City. The University of Edinburgh also provides all clinical services associated with the Veterinarian School. In addition, the University are a key driver in collaboration on the Edinburgh Higher Education sector accommodation strategy. It should be noted that no contributions are required with regards to student accommodation developments.
TRANSPORT
The University recognise the need for development to contribute to transport infrastructure requirements, where appropriate and required, as a response to relevant policy and guidance. These contributions should always be considered in accordance with the relevant tests for applicability and proportionality as set out in the Scottish Government Circular 3/2012, and any other applicable transport and travel initiatives as part of the University of Edinburgh Transport Strategy. These include active and passive travel initiatives, car sharing facilities, and cycle facilities, among others.
The University is involved with the contribution of land for transport infrastructure improvements, namely land contributions at Easter Bush (MLC) for A702 improvements, and land at BioQuarter for active travel routes. The University contributes significantly in regard to transport infrastructure and active travel measures within the city, and will continue to consider the cumulative impact of future development on transport routes in proximity to their estate. All transport initiatives, such as the delivery of cycle routes, improved cycle parking, and car sharing initiatives, provided by University should be considered when calculating potential transport infrastructure contribution.
HEALTHCARE
The University of Edinburgh understand the importance of healthcare contribution zones, however, propose that each development should be considered on its own merits, and if the applicant has already provided or contributed towards healthcare, then this should be taken into account when determining if a contribution is required. The University of Edinburgh provide a dedicated Health Centre, which relieves local pressure from the NHS GP services, and so should not be expected to provide further contribution under the healthcare contribution zones with regards to new student
accommodation developments.
Furthermore, the Per Patient Cost should not be applied to University of Edinburgh accommodation developments, as healthcare provision for students is catered for through the aforementioned Health Centre. The Per Patient Cost method is not relevant to other forms of development that the University may undertake, e.g. education or research development.
GREEN BLUE INFRASTRUCTURE (GREEN BLUE NETWORK AND PUBLIC REALM)
Each development should be considered on its own merits, and if the applicant has already provided or contributed towards public realm, then this should be taken into account when determining if a contribution is required. The University of Edinburgh facilitate and input into public realm upgrades in the context of a significant level of projects across the City Centre – i.e. EFI/ TRH/ Bristo square etc. The University provides further contribution with regards to public realm through the BioQuarter development, and the wider University Estate, which requires significant investment year on year and has
a positive impact on the civic status of the city. The University of Edinburgh is involved in ongoing maintenance, not only of its public realm and estates, but also in relation to green initiatives throughout the campuses, all of which are open to the public thus further providing access to amenities and green spaces for the city of Edinburgh.
It should be noted that the University of Edinburgh is involved in a number of Campus initiatives in relation to improving the Green Blue Network in the city, namely biophilia, tree planting and landscaping which add to the ‘greenspaces’ offered by Edinburgh. Due to the vast contribution the University of Edinburgh has towards Green Blue infrastructure and open space provision across the city, the University should be included as a key consultee on the Council’s next Open Space Strategy (OSS).
SUMMARY
As discussed above, the University recognise the need for development to contribute to infrastructure requirements where appropriate and required as a response to relevant policy and guidance, but highlight the requirement for proportionality when calculating and assigning responsibility for such contributions. Infrastructure delivery should strike an appropriate balance between that which is requested to be funded by development, what development can accommodate in terms of
viability, and infrastructure requirements which should be considered as city wide, and be led by the public sector, and as part of city wide, regional or national priorities to facilitate wider investment and economic growth.
We look forward to hearing from you in due course and would be pleased to discuss matters further as required.
Should you require any further information at this stage, please do not hesitate to contact Craig Wallace
(craig.wallace@montagu-evans.co.uk / 07739 590 859) of this office direct.
Yours sincerely,
Montague Evans LLP
on behalf of the University of Edinburgh
INTRODUCTION AND PURPOSE
7. Is our explanation for the need and purpose of Developer Contributions clear?
Yes No Don’t know/ Not applicable
The University recognise the need for development to contribute to infrastructure requirements where appropriate and required as a response to relevant policy and guidance but should always be considered in accordance with the relevant tests for applicability and proportionality as set out in the Scottish Government Circular 3/2012.
Managing new infrastructure
8. We have set out principles for the Council’s approach to managing new infrastructure. Do you agree with these?
Yes No Don’t know/ Not applicable
Agreed, but with the caveat that infrastructure delivery needs to strike an appropriate balance between that which is requested to be funded by development, what development can accommodate in terms of viability, and infrastructure requirements which should be considered as city wide, and be led by the public sector, and as part of city wide, regional or national priorities to facilitate wider investment and economic growth.
What types of infrastructure, what type of development it applies to and any exceptions
9. Do you agree with the proposed approach to what infrastructure type applies to which type and scale of development?
Yes No Don’t know/ Not applicable
City Plan Policy Inf 3 provides information on the types of infrastructure contribution expected commensurate to the scale of the proposed development. Infrastructure contributions with regards to transport, healthcare, and green blue infrastructure will apply to all residential units, including student accommodation. However, it should be noted that the UofE contributes significantly to the transport infrastructure of the city through funding of specific bus routes, car sharing and active travel initiatives, to healthcare through the provision of a dedicated health centre, and to green blue infrastructure through the provision of a number of green campus initiatives.
Relationship with Action (Delivery) Programme
10. Do you agree with the stated relationship between the Supplementary Guidance and the Action Programme?
Yes No Don’t know/ Not applicable
As part of the Action (Delivery) Programme, infrastructure appraisals establish the impact of City Plan growth on infrastructure, and where new infrastructure is considered necessary to mitigate the impact, these are included as Proposals. These proposals are included within Part 4 of the City Plan and include, for example, green blue infrastructure at BioQuarter, and allotments / food growing at Little France.
11. Do you agree with the proposed approach to the preparation of subsequent Delivery Programmes in relation to developer contributions?
Yes No Don’t know/ Not applicable
The Delivery Programme will detail delivery timescales in relation to housing programmes, confirm who is to deliver the actions and can provide progress updates on project delivery programmes and other funding sources. It will be important for the UofE to be a consultee to the delivery programme updates.
Contribution Zone Approach
12. Do you agree with the explanation regarding the use of ‘contribution zones’?
Yes No Don’t know/ Not applicable
Contribution Zones are identified and apply to infrastructure proposals where it is necessary to mitigate cumulative impacts of development. UofE support the intention to provide a ‘fairer’ sharing of the costs among developments which impact upon infrastructure, and away from a ‘first come first served approach’.
How the infrastructure requirements can be reviewed?
13. Do you agree with the outlined approach to how the infrastructure requirements, set out in the guidance, can be reviewed and updated?
Yes No Don’t know/ Not applicable
Viability and Funding Mechanism
14. Do you agree with the Council’s approach to assessing viability?
Yes No Don’t know/ Not applicable
The cost of maintaining the current UofE estate, public realm, other facilities, and the wider benefit to the city with relation to the Edinburgh Festival etc., should be taken into account when assessing the requirement to make a contribution towards infrastructure in line with the guidance, particularly with regard to development on UofE owned land and buildings. Therefore, the UofE should be exempt, in certain circumstances, from being required to contribute to infrastructure.
15. Do you agree with the Council’s approach to funding mechanisms?
Yes No Don’t know/ Not applicable
Legal Agreements and use of monies
16. Do you agree with the Council’s approach to the use of legal agreements to secure contributions?
Yes No Don’t know/ Not applicable
17. Do you agree with the proposed timescales/timings for the payment of contributions?
Yes No Don’t know/ Not applicable
18. Do you agree with the approach to secure land for schools?
Yes No Don’t know/ Not applicable
19. Do you agree with the Council’s proposal to continue to collect contributions?
Yes No Don’t know/ Not applicable
Yes, but in accordance with the relevant tests for applicability and proportionality as set out in the Scottish Government Circular 3/2012.
20. Do you agree with the Council’s proposal that contributions are forwarded onto relevant service providers?
Yes No Don’t know/ Not applicable
Should be reviewed on a case by case basis.
21. Do you agree with the Council’s proposed approach to indexation?
Yes No Don’t know/ Not applicable
A reasonable basis , but again requires to be reviewed on a case by case basis relative to programme, and approach to need and payment for defined contributions.
22. Do you agree that contributions can include the cost of borrowing and servicing of debt that the Council has had to secure in order to deliver the infrastructure in advance of the majority of developer contributions being paid?
Yes No Don’t know/ Not applicable
This requires to be assessed on a case by case basis, and for major projects subject to detailed interrogation and testing of the Business case for investment. Where this could affect UofE interests they should be a consultee in early consideration and procedures.
23. Do you agree with the proposed approach to repayment?
Yes No Don’t know/ Not applicable
24. Do you have any other comments on Part 1: Introduction and General Principles of the draft Supplementary Guidance?
No
PART 2: EDUCATION
25. Is our explanation for the need and purpose of seeking Developer Contributions for Education Infrastructure clear?
Yes No Don’t know/ Not applicable
Agreed but with the caveat that the UofE should be exempt from contributions for education infrastructure delivery due to the large provision of education facilities throughout the city, which contributes to the well-renowned status of the city for high quality further and higher education. It should be noted that no contribution is required for student accommodation developments. Furthermore, the UofE provide support in the wider education pathway, internships, land transactions, and partnerships, etc.
Methodology to consider the impact on education infrastructure
26. Is our explanation of the methodology to consider the impact on education infrastructure clear?
Yes No Don’t know/ Not applicable
Per Unit Rate Formulas
27. Do you have any comments on the per unit rate calculations for each zone (where your comments relate to a specific zone, please make this clear)?
28. Do you have any comments on the education contribution zones as shown in Appendix 1 (where your comments relate to a specific zone, please make this clear)?
Liberton / Gracemount Education Contribution Zone: Edinburgh BioQuarter is identified as a LG-2 site under ref. H86, which impacts upon Craigour Primary School and its feeder secondary school and associated denomination school. Refer to previous comments regarding the appropriateness of seeking education contributions from UofE.
Apportioning the costs of delivering new infrastructure
29. Do you agree with how we have calculated sharing the cost of delivering the education provision across developments?
Yes No Don’t know/ Not applicable
30. Do you have any other comments on aspects of Part 2: Education of the Supplementary Guidance?
The University of Edinburgh is a significant contributor to the Edinburgh Science Festival, through the provision of space and academic input. Furthermore, the University is involved in high school science mentoring, internships and partnerships, for example the new construction academy partnership with Balfour Beatty, demonstrating a large amount of involvement with regards to Education contributions to the City. The University of Edinburgh also provides all clinical services associated with the Veterinarian School. The University of Edinburgh are key drivers of University collaboration with regard to the Edinburgh Higher Education sector accommodation strategy.
PART 3: TRANSPORT
Transport Overview, Policy Context and Evidence Base
31. Is our explanation to the context, need and purpose of seeking Developer Contributions for Transport Infrastructure clear?
Yes No Don’t know/ Not applicable
The University recognise the need for development to contribute to transport infrastructure requirements where appropriate and required as a response to relevant policy and guidance but should always be considered in accordance with the relevant tests for applicability and proportionality as set out in the Scottish Government Circular 3/2012, and any other applicable transport and travel initiatives as part of the UofE Transport Strategy. These include active and passive travel initiatives, car sharing facilities, and cycle facilities, amongst others.
Contribution Zones – Principle
32. What do you think about the extent of the transport contribution zones and how they relate to development in general?
The University of Edinburgh are already involved in contributing land for transport infrastructure improvements, namely land contributions at Easter Bush (MLC) for A702 improvements and active travel initiatives at BioQuarter. The UofE contribute significantly with regards to transport infrastructure and active travel measures within the city, and will continue to consider the cumulative impact of future development on transport routes in proximity to their estate. All transport initiatives provided by UofE should be considered when calculating potential transport infrastructure contribution.
Currently, just 10.4% of the staff and students at UofE use private cars to commute, compared to the much larger proportion seen across the city as a whole. This reflects the considerable work and investment by the University over the last 25 years to improve accessibility by sustainable modes of transport and to discourage car use through a criteria based parking permit system.
New Active Travel Contribution Zone
33. Do you agree with how we have calculated sharing the cost of delivering the transport interventions across developments?
Yes No Don’t know/ Not applicable
The University of Edinburgh delivers a number of initiatives with regards to active travel across the City and around the BioQuarter development including the delivery of cycle routes, segregated cycle ways, improved cycle parking, shower facilities, and cycle community benefits. This is further implemented through the University’s initiatives to reduce car use on Campus through the promotion of active travel and the provision of associated active and passive travel facilities, including car sharing facilities and the promotion of public transport.
The proposals are strategic corridors, e.g. ATPR26, and will provide an active travel corridor between the city and Midlothian. The 400m contribution zone seems rather limited in its extent, particularly in view of the fact the RIE is a regional healthcare facility.
Granton Framework
34. Do you agree with how we have calculated sharing the cost of delivering the transport interventions across developments?
Yes No Don’t know/ Not applicable
New Proposed West Edinburgh Zone
35. Do you agree with how we have calculated sharing the cost of delivering the transport interventions across developments?
Yes No Don’t know/ Not applicable
Shared mobility (Car Sharing Schemes and Mobility Hubs)
36. Do you agree with how we have calculated sharing the cost of delivering the transport infrastructure for shared mobility across developments? Please make it clear if you are referring to a specific contribution zone/development/intervention.
No
There is a mobility hub proposed at the Edinburgh BioQuarter (Place 31), including active travel connections to the Wisp from the East of BioQuarter, and from BioQuarter to the city centre and Midlothian. UofE are contributing and promoting active travel, passive travel, and car sharing facilities already throughout their developments and will continue to do so with future developments. As the UofE continue to expand and develop their shared mobility initiatives across their developments, there will be a need to consider the appropriateness of requests to UofE for additional contributions associated with new developments.
Car Sharing Schemes
37. Do you agree with that we should only include the cost of delivering Electric Vehicles and their associated infrastructure?
Yes No Don’t know/ Not applicable
Tram
38. Do you agree with how we have calculated sharing the cost of delivering the tram infrastructure across developments?
Yes No Don’t know/ Not applicable
If a developer contributes land towards the development of new tram lines, the amount of contribution required should be reduced or negated.
Traffic Regulation Orders (TRO) and Land costs
39. Do you agree with the Council’s proposal to collect contributions for these elements?
Yes No Don’t know/ Not applicable
In accordance with the relevant tests for applicability and proportionality.
Bus Infrastructure
40. Do you agree with the Council’s proposal to seek contributions towards subsidising bus infrastructure?
Yes No Don’t know/ Not applicable
The University of Edinburgh already provides financial support for specific bus routes throughout the city. This should be recognised, and taken into account where potential requests for additional contributions arise.
Existing Transport Contribution Zones
41. Do you agree with the Council’s proposal to retain the contribution zones for legacy housing sites? Yes No Don’t know/ Not applicable
42. Do you have any other comments on Part 3: Transport of the draft Supplementary Guidance?
No
PART 4: HEALTHCARE
Healthcare Overview, Policy Context and Evidence Base
43. Is our explanation to the context, need and purpose of seeking Developer Contributions for Healthcare Infrastructure clear?
Yes No Don’t know/ Not applicable
Apportioning the costs of delivering new infrastructure
44. Do you have any comments on the healthcare contribution zones? Please make it clear if you are referring to a specific contribution zone/ development/intervention.
Each development should be considered on its own merits, and if the applicant has already provided or contributed towards healthcare, then this should be taken into account when determining if a contribution is required. The University of Edinburgh provide a dedicated Health Centre, which relieves local pressure from the NHS GP services, and so should not be expected to provide further contribution under the healthcare contribution zones with regards to new student accommodation developments.
45. Do you agree with using the per patient cost to calculate a proportionate cost towards delivering healthcare infrastructure?
Yes No Don’t know/ Not applicable
The Per Patient Cost should not be applied to UofE accommodation developments, as healthcare provision for students is catered for through the aforementioned Health Centre. The Per Patient Cost method is not relevant to other forms of development that the UofE may undertake, e.g. education or research development.
46. Do you have any other comments on aspects of Part 4: Healthcare of the draft Supplementary Guidance?
No
PART 5: GREEN-BLUE INFRASTRUCTURE (GREEN BLUE NETWORK AND PUBLIC REALM)
Green-Blue Infrastructure Overview, Policy Context and Evidence Base
47. Is our explanation to the context, need and purpose of seeking Developer Contributions for Green Blue Infrastructure clear?
Yes No Don’t know/ Not Applicable
Methodology and Calculation Process
48. Do you agree with how we will assess and identify the proposals/provision required; and how we calculate the required contributions?
Yes No Don’t know/ Not applicable
As part of the Action (Delivery) Programme, infrastructure appraisals establish the impact of City Plan growth on infrastructure, and where new infrastructure is considered necessary to mitigate the impact, these are included as Proposals. Edinburgh BioQuarter is identified under reference BGN51 for ‘Play facilities and Open Space’. In relation to this, it should be noted that UofE are already involved in the contribution of significant public realm contributions in the BioQuarter area, as detailed below.
49. Do you agree with when contributions may be sought for additions and improvements to the Green Blue Network as set out in Part 5 of the SG?
Yes No Don’t know/Not applicable
The amount of shortfall in on-site provision, where mitigation will be re-provided, and the cost attributable to a development, should be determined on a case-by-case basis involving an assessment of individual development proposals to establish on-site provision and scale of development amongst other matters. In connection with this, it should be noted that the University of Edinburgh is involved in a number of Campus initiatives in relation to improving the Green Blue Network in the city, namely biophilia, tree planting and landscaping which add to the ‘greenspaces’ offered by Edinburgh. The University of Edinburgh should be included as a key consultee on the Council’s next Open Space Strategy (OSS).
Public Realm
50. Is our explanation to the context, need and purpose of seeking Developer Contributions for the public realm clear?
Yes No Don’t know/ Not applicable
51. Do you agree with the use of contribution zones for public realm?
Yes No Don’t know/ Not applicable
Each development should be considered on its own merits, and if the applicant has already provided or contributed towards public realm, then this should be taken into account when determining if a contribution is required. The University of Edinburgh facilitate and input into public realm upgrades in the context of a significant level of projects across the City Centre – i.e. EFI/ TRH/ Bristo square etc. The University provides further contribution with regards to public realm through the BioQuarter development, and the wider University Estate, which requires significant investment year on year and has a positive impact on the civic status of the city.
City Centre Contributions Zone
52. Do you have any comments on the extent of the City Centre contribution zone for public realm that we propose?
Yes No Don’t know/ Not applicable
As per response to 51 above.
53. Do you have any comments on the proposed per square metre rate for contributions towards public realm improvements in the City Centre?
Yes No Don’t know/ Not applicable
As per response to 51 above.
54. Do you have any comments on the proposed approach for other public realm projects outwith the City Centre?
Yes No Don’t know/ Not applicable
As per response to 51 above.
Open Space Ongoing Maintenance
55. Do you have any comments on the proposed approach to open space ongoing maintenance?
Yes No Don’t know/ Not applicable
UofE is involved in ongoing maintenance, not only of its public realm and estates, but also in relation to green initiatives throughout the campuses, all of which are open to the public thus further providing access to amenities and green spaces for the city of Edinburgh.
56. Do you have any other comments on aspects of Part 5: Green Blue Infrastructure (Green Blue Network and Public Realm) of the draft Supplementary Guidance?
No
Addendums
57. Do you have any comments on the Council’s analysis that the contributions sought comply with the Planning Obligations Circular 13/2012 (see all addendums)?
Yes No Don’t know/ Not applicable
Format of Supplementary Guidance
58. We know that the draft Supplementary Guidance contains a large amount of information. Do you have any thoughts on how the final version could be improved to help you access the relevant information?
No
Conclusion
59. Do you have any other comments that have not been covered?
No