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Size As will be seen below, site plan(s) have to be printed as hard copies and signed at financial close. This means they will have to be physically capable of being “folded” into the engrossment version of the project agreement. On that basis, the site plan(s) should ideally be A4 portrait drawings, or (if necessary in order to include all required details/information) A3 landscape drawings.

Orientation

The site plan(s) should be drawn in such a way that the location of the site can be established. This is normally done by showing on the site plan(s) the location of the site in relation to existing roads. The more information re the location of the site that can be (sensibly) included on the site plan(s) the better.

Multiple site plans

In most projects there will be multiple site plans to be prepared (e.g. if phasing applies, to show the extent of access to the overall site required during each phase, a “dark ground” plan for the purposes of clause 10.3 and a plan showing distinct area(s) of the Site that is(are) affected by Title Conditions and/or Reserved Rights under Sections 1 and/or 2 of Schedule Part 5).

If so, the best approach is for a “base” Site Plan to be prepared, showing the boundaries of the overall site, and for this to then be used as template for other site plans (i.e. for the details pertinent to each additional site plan to be overlaid on the base plan). It is also usually clearer if an additional site plan is created for each individual matter for which a plan is required, rather than attempted to show too much information on a single site plan.

Drawing titles and signing “dockets”

It is helpful, in particular in projects where there are multiple site plans, if individual drawings/site plans can be given a drawing title that is consistent with the defined term corresponding to the relevant site plan in Section 1 of Schedule Part 1 to the project agreement as this will greatly aid identification.

In addition, as site plans (in conjunction with Clauses 9.1 and 9.2 of the project agreement) are relevant to the creation of “an interest in land” for the purposes of Section 1(2)(b) of the Requirements of Writing (Scotland) Act 1995, it will be necessary for these to be printed and signed at financial close.

In order to assist signing, the site plans should have a legal signing

“docket” printed on them. The exact text required is dependent on the site plan it is added to and this is a project specific issue to be confirmed by the solicitors.

Colouring

We frequently experience difficulties in obtaining site plans that meet legal requirements and lack of clarity/consistency regarding the way in which boundaries of the site/relevant parts of the site etc are shown on plans is one of the main problems. It is essential that the manner in which the site/relevant areas of the site is/are identified on site plans is clear, consistent, distinctive and not conflicting. As lawyers, we have to be able to include cross references to the site/relevant areas within the site in the (written) definitions in Section 1 of Schedule Part 1 to the project agreement. The position is normally made easier if the guidance in point 3 above is followed – i.e. the parties do not attempt to “cram” too much information onto a single or only a few site plans.

Here are some simple guidance points in this area:

• It is common for the boundaries of the overall site to be shown by a red line. If so, this should be a single continuous (i.e. not part continuous and part broken) red line that actually goes round the whole site,

This note summarises our recommended “best practice” for the production of site plans, based on practical experience gained in previous projects.

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Guide on the production of site plans for use in Hub and NPD projects

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with no breaks and a red line should not be used for identifying any other relevant areas within the overall site as otherwise there would be confusion.

• Avoid using colours that are similar to red to identify boundaries of other areas within the overall site (e.g. pink). Different printers may print colours in different ways and the differentiation between what are intended to be distinct colours when the plan is drawn may be further blurred when the signed hard copy site plans are scanned for inclusion in the electronic copy project bibles.

• We often receive site plans that include the location of existing buildings on them. This is relevant, as it assists with locating the site per point 2 above. On the main construction phase site plan(s), however, as opposed to “dark ground” plans relevant to Clause 10.3 (see below), it is helpful if these can be shown in light grey rather than sharp black colouring as they can confuse interpretation of the site boundaries/location of relevant areas within the site boundaries. Similarly, in the case of phasing plans, if plans for phases after the first main phase show new building(s) to be constructed as part of the works, these should also be shown in light grey. The primary purpose of site plans is to identify areas on the site,

not what is on the site when works commences and/or as the works are progressed.

• For versions of site plans that are intended to show specific locations within the site – e.g. the location of the footprint of existing buildings on the site in respect of which “dark ground” protections under clause 10.3 of the project agreement are to apply, we recommend that these are shown in block colours or by hatching/cross hatching etc rather than by attempting to outline the area concerned.

• When sending copies of the site plans to solicitors, it is really helpful if a “colour key” can be provided for each plan. This does not have to appear on the drawing itself, is better as a stand-alone document that simply explains what colours are used for each relevant purpose on the plan. This avoids the need to “interpret” what colours are what, which can arise in particular with complicated site plans where a number of similar colours are used (although if possible the use of similar colours should be avoided as noted above).

Provisions of copies and saving site plans

If time permits, it is helpful for solicitors to receive high quality pre-

printed versions of the agreed site plans. As a minimum, two copies of each of the site plans will be required (for insertion in and signature at the same time as the project agreement is signed). If versions of the site plans are also to be included in the construction contract (i.e. as opposed to the construction contract referring to the project agreement version of plans), additional copies will be required (with signing dockets appropriate to the construction contract).

Our standard approach is to insert the hard copy plans as a Section 4 in Schedule Part 5 to the Project Agreement. Due to problems with scanning of plans (as part of bible production in the past), we also recommend that “soft” (i.e. electronic) copies of the final site plans are burned to either a Legal Documents Disc and/or one of the Technical Documents Discs that are Agreed Form documents under the project agreement.

Contact Us

Euan PiriePartner0131 247 2505euan.pirie@harpermacleod.co.uk

This Guide provides only a brief summary on selected areas and is not intended to amount to advice on which reliance should be placed. Readers should not apply any of the information in it without first taking legal advice on the issue concerned. If you have any questions arising from this guide or would like legal advice on any other matter, we would be happy to hear from you.

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