Harper Macleod LLP Guide on the production of site plans for use in Hub and NPD Projects
1. www.harpermacleod.co.uk
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.
INFRASTRUCTURE & PROJECTS
Guide on the production of site plans for
use in Hub and NPD projects
2. www.harpermacleod.co.uk
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 Pirie
Partner
0131 247 2505
euan.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.
INFRASTRUCTURE & PROJECTS