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Town and Country Planning (Scotland) Act 1997

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Town and Country Planning (Scotland) Act 1997 Directorate for Planning and Environmental Appeals abcdefghijklmnopqrstu TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 REPORT TO THE HIGHLAND COUNCIL DEVELOPMENT PLAN EXAMINATION: WEST HIGHLAND AND ISLANDS LOCAL PLAN Reporters: Douglas G Hope BSc (Hons) MA DipTP FRGS MRTPI Iain Lumsden MA (Hons) MSc MRTPI David Russell MA (Hons) MPhil MRTPI Date of Report: 26 February 2010 Ref: LDP-270-1 Directorate for Planning and Environmental Appeals Telephone: 01324 696455 F: 01324 696444 E: [email protected] abcdefghijklmnopqrstu Mr Richard Hartland Head of Planning and Building Standards The Highland Council Glenurquhart Road INVERNESS IV3 5NX Our ref: LDP-270-1 26 February 2010 Dear Mr Hartland THE HIGHLAND COUNCIL – EXAMINATION OF THE PROPOSED WEST HIGHLAND AND ISLANDS LOCAL PLAN THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANNING) (SCOTLAND) REGULATIONS 2008 We refer to our appointment by the Scottish Ministers to conduct the examination of the West Highland and Islands Local Plan. We have completed the examination, and now submit our report, enclosing four bound copies. In our examination we considered each of the 119 issues arising from unresolved representations which were identified by the council. In each case we have taken account of the summaries of the representations and the responses, as prepared by the council. This forms the starting point for our report on each issue, but we have set out our own conclusions on each issue and where relevant, our recommendations for any modifications which should be made to the plan. We have taken into account the documents lodged by the council when it submitted the plan for examination. These included each of the original representations which it had received. Our examination also included unaccompanied inspections of the sites concerned, although in one case this was carried out on an accompanied basis. For some issues, we requested additional information from the council and/or other parties. We also held a number of hearings to explore certain issues in greater detail. Eight were held in relation to Fort William. These dealt with the scale of the land to be made available there both for housing and for business and industry; as well as some of the major sites which the council proposed to allocate for development. In addition, further hearings were held to discuss the council’s proposals to identify ‘commerce centres’ in Broadford, Kyle of Lochalsh and Portree. These hearings informed our conclusions and recommendations on these issues. Subject to the limited exceptions as set out in section 19 of the Town and Country Planning (Scotland) Act 1997 and in the Town and Country Planning (Grounds for Declining to Follow Recommendations) (Scotland) Regulations 2009, the council is now required to make the modifications to the proposed local plan as set out in our recommendations. The council should also make any consequential modifications to the text or maps which arise from these modifications, and may also make any necessary non-material corrections to the plan. Separately, the council will require to make any necessary adjustments to the final environmental report and to the report on the appropriate assessment of the plan. A letter will be issued to all those who submitted representations to inform them that the examination has been completed and that the report has been submitted to the council. It will advise them that the report is now available to view at our web site at:- “http://www.scotland.gov.uk/Topics/Built-Environment/planning/decisionsappeals/ Appeals/PlanInquiries” and at the council’s offices at Lochaber House, High Street, Fort William and Tigh-na-Sgire, Park Lane, Portree and the Headquarters at Glenurquhart Road, Inverness; and that it will also be posted on the council’s web site at:- "http://www.highland.gov.uk/yourenvironment/planning/developmentplans/localplans/WHILP Examination.htm" The documents relating to the examination should be retained on the council’s web-site for a period of six weeks following the adoption of the plan by the council. Yours sincerely Douglas G Hope Iain Lumsden David Russell Reporter Reporter Principal Reporter CONTENTS Issue No Subject Page No 1 Ardgour H1: Lighthouse Field 1 2 Ardgour H2: Woodend (North) 3 3 Ardgour H3: Woodend (South) 4 4 Ardgour H4: East Parks 6 5 Ardgour H5: North Corran 7 6 Ardgour B1: East of School 8 7 Ardgour B2: Woodside 9 8 Ardgour MU: South West of School 10 9 Acharacle: General 11 10 Acharacle H1: West of Medical Centre 12 11 Acharacle H2: Ardshellach (Druimbeg) 13 12 Ballachulish South: General Comment 16 13 Ballachulish South MU: Former Station Yard 17 14 Ballachulish South: Settlement Development 19 Area (SDA): Land North of A82 15 Ballachulish South: Settlement Development 20 Area (SDA): Rectory 16 Ballachulish South: Settlement Development 21 Area (SDA): West Harbour 17 Glenachulish: General 22 18 Glenachulish MU1 (West of A828), MU2 (East of A828) 23 and MU3 (South of A82) 19 North Ballachulish: Settlement Development Area (SDA) 26 20 North Ballachulish H1: Between North Ballachulish and 28 Old Town and H2: North of Loch Leven Hotel 21 North Ballachulish B: Adjoining the Business Park 31 22 Glencoe: Settlement Development Area (SDA) 33 23 Glencoe Allocations C1 (deleted) and H3: South of 34 Filling Station 24 Kinlochleven H2: Foyers Road 35 25 Kinlochleven H3: Wades Road 37 26 Onich H: Former Garage 39 Issue No Subject Page No 27 Inchree MU: North of River Righ and H: South of 41 River Righ 28 Duror: Settlement Development Area (SDA) 45 29 Duror H1: North of Achindarroch Road 47 30 Duror H2: South of Achindarroch 49 31 Duror General and MU: Adjacent to former Hotel 51 32 Lochaline: General 53 33 Lochaline H3: East of Dunaline 54 34 Lochaline B2: North East of War Memorial 55 35 Kilchoan: Settlement Development Area (SDA) 57 36 Strontian: Settlement Development Area (SDA) 59 37 Strontian B2: Former Hotel 61 38 Glenborrodale: Settlement Development Area (SDA) 62 39 Glenborrodale H: School/Adjoining land 64 40 Salen: Settlement Development Area (SDA) 65 41 Drimnin/Bunavulin: Settlement Development Area (SDA) 67 42 Roshven: Settlement Development Area (SDA) 68 43 Mingarry: Settlement Development Area (SDA) 71 44 Kentallen: Settlement Development Area (SDA) 73 45 Mallaig 75 46 Morar 79 47 Arisaig 83 48 Gairlochy 88 49 Spean Bridge 93 50 Roy Bridge 100 51 Invergarry 105 52 Erracht 109 53 Kyle of Lochalsh 111 54 Plockton 116 55 Achmore 121 56 Reraig 124 57 Auchtertyre 126 Issue No Subject Page No 58 Dornie 129 59 Inverinate 131 60 Avernish and Nostie 133 61 Camas Luinie 135 62 Sallachy 136 63 Armadale 138 64 Tarskavaig 140 65 Ferrindonald and Teangue 141 66 Kilbeg 143 67 Achnacloich 144 68 Eilean Iarmain (Camascross) 145 69 Kylerhea 147 70 Kyleakin 149 71 Edinbane 154 72 Aird Bernisdale 156 73 Annishadder 157 74 Inverarish 158 75 Uig 160 76 An Clachan (Staffin) 161 77 Glen Hinnisdal 163 78 Maligar 165 79 Ose 166 80 Harlosh 167 81 Roag 168 82 Fort William General 169 83 Fort William: Housing Development Site 177 84 Fort William MU1: Expansion Sites 179 85 Fort William MU2: Mixed Use Sites 184 86 Fort William MU3: Mixed Use Sites 186 87 Fort William MU4: Mixed Use Sites 188 88 Fort William MU5 and MU7: Expansion Sites 190 89 Fort William MU8: Mixed Use Sites 195 Issue No Subject Page No 90 Fort William MU9 and B3: Expansion Sites 199 91 Fort William MU10: Expansion Sites 204 92 Fort William MU12 and MU13: Mixed Use Sites 207 93 Fort William MU16: Expansion Sites 209 94 Fort William MU17: Expansion Sites 211 95 Portree 213 96 Broadford 220 97 Dunvegan 224 98 Glenelg/Galltair and Glen Bernera 226 99 Portnalong and Fiskavaig 230 100 Braeside: Settlement Development Area (SDA) (by 231 Kinlocheil) 101 General 232 102 General Policies: Introductory paragraphs 248 103 Settlement Development Areas 250 104 Wider Countryside 252 105 Natural, Built and Cultural Heritage 255 106 Affordable Housing 261 107 Designing for Sustainability 263 108 Waste Water Treatment 265 109 Waste Management 268 110 Flood Risk 270 111 Physical Constraints 273 112 Developer Contributions 275 113 Housing in the Countryside 279 114 Design Quality and Place-Making 282 115 General Policies: Omission of policy on protection of the 284 Water Environment 116 General Policies: Omission of policy on Air Quality issues 286 117 General Policies: Omission of policy on Renewable Energy 288 Development issues 118 General Policies: Omission of policy on Open Space issues 290 119 General Policies: Omission of policy on Contaminated 292 Land issues WEST HIGHLANDS AND ISLANDS LOCAL PLAN: REPORT OF EXAMINATION Issue (ref and heading): 1. ARDGOUR H1 - Lighthouse Field Reporter: Iain Lumsden Development plan Ardgour H1 reference: Text MB 4 – Map LO1 MB 5 Body or person(s) submitting a representation raising the issue (reference no.): D. & A. MacDonald (175), Kearney Donald Partnership on behalf of Mr R. MacLean (406) Provision of the Development Plan to Housing Allocation which the issue relates: Council’s summary of the representation(s): D. & A. MacDonald: Object to development because the Council owns a better site to the rear of houses 17-22 North Corran, which has all the services. It seems ludicrous to use up green space, when the Council have previously earmarked this area for housing. Kearney Donald Partnership: Disputes that the land to the south should be safeguarded from development for a future crossing over the Corran Narrows because this will sterilise it for a considerable time. Modifications sought by those submitting representations: D. & A. MacDonald: Deletion of site. Kearney Donald Partnership: Seek increase in the capacity from 8 to 16 all of which could be affordable with an extension to the south.
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