*Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Ltd (Scotland)

Town and country planning – Agreement regulating development or use of land. A planning policy which in substance required developers to enter into planning obligations with the planning authority to make financial contributions to the pooled fund to be spent on the infrastructure, including interventions at places where a particular development had only a trivial impact, was not within the existing powers of the authority under the Town and Country Planning (Scotland) Act 1997, s 75. The Supreme Court held, that if planning authorities in Scotland wished to establish a local development land levy in order to facilitate development, legislation was needed to empower them to do so.

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