Land Assembly and Access in Edinburgh & the Lothians
Land assembly in Edinburgh & the Lothians means bringing several pieces of land under one plan so they can be developed together. It might combine neighbouring gardens, separate fields, or a main site and the strip needed to reach the road. Land to Homes negotiates with each owner and sets up a fair, written way of sharing value.
Edinburgh & the LothiansFree site appraisal
Tell us about your land and we will call you back. No cost, no obligation.
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- Free site appraisalNo cost, no obligation
- Legal fees coveredReasonable fees, on options and promotion
- Nothing to pay upfrontOn promotion: we fund planning
- Direct purchaseSuitable sites, with or without planning
- UK-wideEngland, Wales, Scotland and NI
Land and sites near Edinburgh & the Lothians
We cover 4 places across Edinburgh & the Lothians: Edinburgh is the main one, alongside Livingston, Bathgate and Musselburgh. Neighbouring areas we also cover include Fife, Forth Valley and Lanarkshire.
Typical sites we review near Edinburgh & the Lothians include infill gaps along existing streets, brownfield land in and around Edinburgh and land behind street frontages. Planning in Edinburgh & the Lothians follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.
Tell us where your land is around Edinburgh & the Lothians and we will explain the routes open to you.
How we work in Edinburgh & the Lothians
Highway boundaries checked
The adopted highway does not always reach your boundary. We ask the highway authority for its records, because a narrow unadopted verge can change the access position completely.
Deals to suit each owner
Different owners may want different routes: some prefer to sell outright, others an option or promotion. The structure can combine these within one plan for the whole area.
Equalisation between owners
A collaboration or equalisation agreement shares proceeds by area or agreed proportion, so it does not matter whose land ends up as roads, open space or homes in the final layout.
Visibility splays secured
A new junction needs clear sightlines across land on either side. If any of that land is in other ownership, rights or a purchase are needed before the access can work.
The Scottish system, as it applies in Edinburgh & the Lothians
In Scotland, planning applications for land around Edinburgh & the Lothians are decided by the council as planning authority, using National Planning Framework 4 and the Local Development Plan, which together form the statutory development plan. Instead of outline permission, Scotland uses planning permission in principle, followed by approval of matters specified in conditions. Land to Homes can buy suitable sites directly or promote land through planning, and every conversation starts with a free site appraisal.
In Scotland, access rights over another person's land are servitudes rather than easements, and new roads need roads construction consent from the council under the Roads (Scotland) Act 1984. Titles may be on the Land Register or the older Register of Sasines, both kept by Registers of Scotland. Missives and LBTT apply to each purchase.
| National planning policy | National Planning Framework 4 (NPF4), which forms part of the statutory development plan |
|---|---|
| Local planning document | Local Development Plan (LDP) |
| Who decides applications | The council as planning authority (or a national park authority in its area) |
| In-principle consent | Planning permission in principle (PPP), followed by approval of matters specified in conditions |
| Land transaction tax (paid by the buyer) | Land and Buildings Transaction Tax (LBTT) |
| Land registration | Registers of Scotland (Land Register of Scotland) |
| How a sale becomes binding | Land sales are concluded through missives, formal letters exchanged between solicitors that become a binding contract once concluded, followed by settlement on the date of entry and registration in the Land Register of Scotland. |
| Developer contributions | Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments |
Land Assembly and Access in Edinburgh & the Lothians: questions
What is a visibility splay?
A visibility splay is the area of land either side of a junction that must be kept clear so drivers can see approaching traffic. Its size depends on road speeds and the highway authority's standards. If part of the splay is owned by someone else, the scheme needs their agreement before the access can work.
Can the council force a neighbour to sell land for my development?
Generally no, for a private housing scheme. Councils have compulsory purchase powers for certain public purposes, but they are not a routine tool for individual developments. Most land assembly is achieved by agreement, which is why early, fair and well-documented negotiation matters so much.
Who pays the legal costs in a land assembly?
It depends on the structure. On option and promotion agreements with Land to Homes, we pay your reasonable legal fees, with the amount agreed up front in the heads of terms. For direct purchases and collaboration agreements, cost arrangements are agreed case by case and set out in writing.
What is an equalisation agreement?
It is an agreement between landowners whose land will be developed together. It shares proceeds and costs by an agreed formula, usually by area, regardless of where homes, roads or open space end up. Without one, owners may compete for the most valuable parts of the layout and stall the whole scheme.
Is Edinburgh & the Lothians an area you cover for land?
Yes, we cover land across Edinburgh & the Lothians, including Livingston, Edinburgh and Bathgate. Where a site suits us we can buy it directly, or set up an option or promotion agreement. On promotion there is nothing to pay upfront.
Read more: Land Assembly and Access · Guide: Ransom strips and access: what landowners need to know