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Outer Hebrides Local Development Plan

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Outer Hebrides Local Development Plan SUSTAINABLE DEVELOPMENT COMMITTEE 7 MARCH 2012 OUTER HEBRIDES LOCAL DEVELOPMENT PLAN Report by Director of Development PURPOSE OF REPORT: To report the outcome of consultation on the Outer Hebrides Proposed Local Development Plan and seek approval to submit the Plan to Scottish Minsters requesting Examination of the unresolved issues. COMPETENCE 1.1 There are no legal, financial, equality issues or other constraints to the recommendations being implemented. SUMMARY 2.1 Outer Hebrides Local Development Plan – Proposed Plan was published for consultation in September 2011. Forty nine individuals, agencies and companies made comment on the Proposed Plan (Appendix 1). 2.2 Responses to the submissions have been prepared. Where these constitute minor or ‘non-notifiable’ modifications these have generally been accepted (Appendix 2). Representations requesting more substantive modifications to the Plan have been grouped and addressed under twenty two topic headings. These unresolved representations are set out in the format of Schedules (Appendix 3). 2.3 The Proposed Plan will be submitted to Scottish Minister’s who will appoint a Reporter to carry out an Examination of the unresolved matters and make recommendations as to any modifications to the Plan deemed necessary. 2.4 It is recognised that in some instances the Plan might be improved if an amendment suggested through submission were to be accepted. Such instances are indicated in the schedules and the possible modifications to the plan that might result from these are set out in Appendix 4. RECOMMENDATIONS 3.1 It is recommended that the Comhairle: a) agree the responses to the comments received during consultation, detailed in Appendices 2, 3 and 4; and b) authorise the Director of Development to submit the Proposed Plan to Scottish Ministers seeking Examination of the unresolved issues. Contact Officer: Diane McPherson tel 01870 604990 Appendices: 1. List of representees 2. List of minor (non-notifiable) modifications 3. Schedules 4 addressing substantive issues 4. Modifications requested that are acceptable to the Comhairle Background Papers: Sustainable Development Committee Report dated August 2011 BACKGROUND 4.1 The Outer Hebrides Local Development Plan Main Issues Report (MIR) was published in February 2010. The MIR set out the significant new issues that have arisen since the production of the existing Development Plan and identified proposal sites for such uses as housing and business. The purpose of the MIR is to stimulate discussion and encourage engagement in the Plan process from as early a stage as possible in line with recent planning regulations. 4.2 Further extensive consultation has taken place throughout the process of preparing the Outer Hebrides Proposed Local Development Plan (Proposed Plan). The August 2011 Report to the Comhairle’s Sustainable Development Committee details the consultation that took place prior to publication of the Proposed Plan. RESPONSES TO CONSULTATION 5.1 The Proposed Plan was published in September 2011 and formal consultation ran until November. Responses on the Proposed Plan have been received from forty nine individuals, companies and organisations, listed in Appendix 1. 5.2 Since the formal consultation closed, work has focussed on preparing responses to the representations. As consultation is now an integral part of the preparation process, the Proposed Plan as published forms the Comhairle settled view in terms of how land should be developed over the next 5 – 10 years. Therefore responses to representations received at this stage will largely defend and justify the Plan as it stands and provide reasons why it should not be changed. 5.3 Comments received fall into three categories . Supporting statements . Minor suggested amendments to the Plan (non-notifiable modifications) . Comments seeking substantive modification to the Plan 5.4 All statements supporting the Plan are noted and welcomed. Where appropriate all proposed amendments deemed to be minor are accepted. These are listed in Appendix 2 with the consequential text amendment. The remaining unresolved matters have been grouped under twenty two topic headings. These will be dealt with at Examination by a Reporter appointed by Scottish Ministers. 5.5 As required by planning regulations, a ‘Schedule 4’ has been prepared for each of the topic matters for Examination. Each Schedule 4 sets out: . The name (with reference number) of each representee commenting on the specific issue . A summary of all the comments submitted in relation to that topic . A list of the modifications to the Plan sought by representees . The Comhairle’s response to the matters raised. 5.6 A copy of the full draft Schedule 4s is attached at Appendix 3. 5.7 Although the Comhairle’s position, as set out in the Proposed Plan is generally being defended, it is recognised that in some instances the Plan might be improved if an amendment suggested through submission were to be accepted. While it is for the Reporter to recommend modifications to the Plan, the Comhairle has the opportunity to indicate when they might be prepared to accept a modification. The draft Schedule 4s include commentary on the occasions that the Comhairle is content to accept a change to the Plan. Appendix 4 sets out the possible modifications to the Plan that might arise if the Reporter accepts the Comhairle’s views. NEXT STEPS 6.1 The Proposed Plan along with the outstanding unresolved matters will be submitted to Scottish Ministers with a request to appoint a Reporter to carry out an Examination of the Plan and where necessary recommend modifications. It is anticipated the Plan and all required supporting documents will be submitted in April. 6.2 Once a Reporter is appointed by Scottish Ministers it is expected that the Examination Report with any recommendations will be available within six months. A further report to the Comhairle will be presented once the Reporter‘s recommendations have been received. 6.3 The anticipated timescale for taking the Outer Hebrides Local Development Plan through to adoption is set out in the Development Plan Scheme Third Review which is the topic of a concurrent Report. APPENDIX 1 LIST OF REPRESENTEES 001 R Hunter 002 Norman MacLean 003 Office of the Traffic Commissioner 004 M Nicolson 005 Lochboisdale Amenity Trust 006 Michael Merritt 007 Scottish Environment Protection Agency 008 Sportscotland 009 The Theatres Trust 010 Mr & Mrs Bagshaw 011 Western Isles NHS Board 012 George N MacLeod 013 Stornoway Port Authority 014 E Shaw 015 Bhaltos Community Trust 016 Elisabeth L Dunne 017 Norman MacLean 018 Amanda MacKenzie 019 Harris Development Ltd 020 Wing Commander James E Toms 021 Christina Ann MacDonald 022 Tighean Innse Gall 023 Land Use Consultants for Eisgein Estate 024 Scottish Natural Heritage 025 M Robertson 026 Alison Laurie 027 Scottish Government 028 Angus Macdonald 029 Anton Michel 030 Uist Builders (Construction) Group Ltd 031 Crofters Commission 032 Outer Hebrides Fisheries Trust & Western Isles District Salmon Fisheries Board 033 Scottish Wildlife Trust 034 Jones Lang LaSalle (Scotland) Ltd for SSE Ltd 035 Highlands & Islands Enterprise 036 Scottish Water 037 Highlands & Islands Airports Ltd 038 Breaclet Grazings Committee 039 Susan and Tom McLaughlin 040 Tong Community Council 041 The Scottish Salmon Producers Company 042 South Harris Community Council 043 National Trust for Scotland 044 Jehovah's Witnesses 045 Barra Watersports Club 046 K Dawson 047 Forestry Commission Scotland 048 Marine Harvest Scotland 049 The Scottish Salmon Company APPENDIX 2 NON-NOTIFIABLE MODIFICATIONS A local authority can accept minor (or non-notifiable) modifications to the Proposed Plan. These are amendments that do not affect the direction of any policy of proposal in the Plan and are not subject to Examination by the Directorate for Planning and Environmental Appeals. The table below details the proposed non-notifiable modifications. Rep Policy/page reference Requested modification Ref 027 Development Strategy Amend the development strategy map to include B (Rural Map Settlements) and C (Out-with Settlements). 027 Introduction and Amend last paragraph as follows…The Plan is consistent with Context (Page 4) the National Planning Framework 2, Scottish Planning Policy (SPP), and Scottish Government Land Use Strategy and where relevant takes account of other national policy and legislation such as the Climate Change (Scotland) Act 2009… 027 Introduction and Correction: Designing Places (2001) Context (Page 4) 013 Introduction and Amend second paragraph as follows…The main sea-links from Context, Context (Page the islands are between Stornoway to Ullapool, Tarbert and 6) Lochmaddy to Uig (Skye), and Lochboisdale and Castlebay to Oban and there are direct air links via Glasgow, Edinburgh, Aberdeen and Inverness. These are complemented by important air and sea inter-island links… 007 Policy 2 Assessment of Delete bullet points c) and d) from policy 2 Now duplication as Development (Page 14) separate policies cover these matters. 013 Policy 2 Assessment of Under paragraph (e) of Policy 2 include "relevant Harbour Development (Page 14) Authorities and Marine Protected Areas" in the list of ones that might give notification of zones. 027 Policy 3 Zero and Low Note that the 2007 Building Standards have since been Carbon Buildings (Page replaced by 2010 Standards - carry over the target of reduced 15) CO2 emissions to the 2010 Regulations. 036 Policy 6 Water and Amendment text to reflect Scottish Water current position in Waste Water relation to investment. Supporting Text (Page 21) 007 Policy 6 Water and Amend title of SEPA Position Statement 06-08 to SEPA’s Waste Water Refs Waste Water Position Statement and include reference to (Page 21) SEPA’s LUPS GU19 Planning Advice on Waste water Drainage. 036 Policy 7 Flooding Amend first sentence on page 21 to read Good quality Supporting Text (Page infrastructure is important not only to serve new development 21) but also to protect the environment. The Comhairle will support Scottish Water in pursuing investment in areas of limited capacity to ensure sufficient capacity for development potential within the Plan period.
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