This guide, prepared by Burness Paul, contains:
- Guidance note: Community benefit Memorandum of Understanding (MoU)
- Annex 1: Community benefit Memorandum of Understanding template.
It is expected that the MoU would be agreed between the developer and community groups either at the consultation stage before a planning application is submitted or, after the planning application has been submitted and the developer awaits a decision. If the project is consented (ie received planning permission), the developer and community groups would most likely, enter into a more formal community benefit agreement at that time.
The guidance note provides a clause-by-clause commentary on the provisions contained within the template MoU. The template has been prepared on the basis that certain details will require to be inputted (and these areas are marked for specific attention with a [ l ]). The template will also require to be adjusted to take into account the specifics of particular arrangements agreed between communities and developers.