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3 November 2015 Aberdeenshire Local

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Item 6 Page 1 Infrastructure Services REPORT TO MARR AREA COMMITTEE – 3 NOVEMBER 2015 ABERDEENSHIRE LOCAL DEVELOPMENT PLAN 2016: ISSUES RAISED IN RESPONSE TO THE PROPOSED LOCAL DEVELOPMENT PLAN AND PROPOSED SUBMISSION TO SCOTTISH MINISTERS 1. Recommendation The Committee is recommended to: 1.1 Consider the draft “Schedule 4” documents on Aberdeenshire Council’s proposed response to issues raised to the proposed Aberdeenshire Local Development Plan and submit comments to Infrastructure Services Committee. 2. Background 2.1 Aberdeenshire Council is required to prepare and approve a Local Development Plan under the terms of Section 16 (1) of part 2 of the Town and Country Planning (Scotland) Act 1997. The stages for preparing a Local Development Plan are advised in the Development Plan Scheme 2015 which was approved by Infrastructure Services Committee on 19 March 2015. A copy of the Development Plan Scheme was circulated to all Members. 2.2 Aberdeenshire Council agreed to publish the Proposed Local Development Plan on 12 March 2015 as the settled view of the Council. Prior to this meeting, all Members have been engaged with the Local Development Plan process. This included the identification of issues for the new plan through the Main Issues Report and also the consideration of responses through Area Committees and Infrastructure Services Committee. 2.3 The Infrastructure Services Committee, at meetings on 25 June 2014 and 27 November 2014, confirmed the general content of the Proposed Plan. Following further consultation with Area Committees, Aberdeenshire Council agreed on 12 March 2015 to publish the Proposed Local Development Plan. 2.4 In accordance with the decision of Full Council on 12 March 2015, the Proposed Local Development Plan was published on 27 March 2015 with a closing date for receipt of comments being 8 May 2015. 2.5 Having published and consulted on the Proposed Plan the planning authority must prepare responses to any issues that have been raised and have not been resolved. A summary of the unresolved issues has to be prepared in accordance with the statutory requirements and these are known as “Schedule 4 summary of unresolved issues” It should be noted that 897 responses to the Proposed Plan were received, generating 1778 issues. 2.6 The next stage of the Local Development Plan process is the Examination and the Schedule 4s form the basis of the analysis by the Reporter (a person appointed by the Scottish Minister and a member of staff from the DPEA) who will carry out the Examination. Item 6 Page 2 2.7 The Schedule 4s for the policies and settlements relevant to the Area Committee are attached as Appendices 1 and 2. In order to assist Members a series of summaries of some of the most relevant issues raised are contained in the first pages of the Appendices. 3. Discussion 3.1 As indicated in paragraph 2.2 of this Report, the Proposed Local Development Plan is the settled view of Council. Members are therefore not being asked to comment on the Plan itself, but on the Schedule 4s which are the Council’s reply to the issues raised by those who responded to the consultation. Were the Plan to be altered in any significant way at this stage it would result in the amended Plan, being consulted on again together with neighbour notification. Given the timescales involved to carry this out Aberdeenshire Council would have a period of not having an up-to-date Local Development Plan which would have serious consequences. 3.2 These consequences relate to the Council being vulnerable at planning appeals on unallocated sites. This would affect the Council’s relationship with communities who expect development to take place on the sites consulted on and allocated in the Plan and for development to be in accordance with the adopted policies. Development on unallocated sites could have serious consequences for road infrastructure and traffic management as well as school roll forecasts and the provision of education facilities all with potentially serious financial consequences for the Council. 3.3 In assessing the submissions received to the Proposed Plan there were a number of occasions where points were made that effectively provided updated factual information. Following discussion with the DPEA, it was agreed that as these points could be used to update the Plan without requiring consultation and statutory neighbour notification to take place. They will be put to the Reporter as “non-notifiable modifications”. Members will see a number of such non-notifiable modifications throughout the Schedule 4s. For example, The Scottish Environmental Protection Agency (SEPA), in particular, provided substantial updated information regarding flood risk for individual sites based on an improved flooding model published in early 2015. 3.4 Members will also note that on a few occasions “technical” changes are noted in the Schedule 4s and these are situations where it is necessary to reflect updated information that is unrelated to any submissions made on the Plan e.g. where a start has been made on a site with planning permission. 3.5 All Area Committees are being asked for their comments on the contents of the Schedule 4s and the comments received will be forwarded to the Infrastructure Services Committee who will be asked to endorse the Schedule 4s as the basis for Officers to defend the Proposed Local Development Plan as agreed by Full Council on 12 March 2015. Extracts from the minutes of Area Committee meetings (or draft minutes as in the case of Buchan and Garioch Area Committees) will be circulated as part of the papers with links to other relevant documents that will be submitted to the Examination e.g. Action Programme, a report on conformity with the Participation Statement within the Development Plan Scheme, and a Habitats Regulation Appraisal Record. Item 6 Page 3 3.6 The Head of Finance and Monitoring Officer within Business Services have been consulted and any comments by them incorporated within this Report. 4. Equalities, Staffing and Financial Implications 4.1 There are no equalities implications relating to this report that fall out with the normal service delivery for the Planning Service. 4.2 There are no staffing or financial implications arising as a direct consequence of this Report. The Policy Team of the Planning and Building Standards Service has sufficient resource to deal with the Local Development Plan Examination. Stephen Archer Director of Infrastructure Services Report prepared by Piers Blaxter, Team Leader 15 September 2015 Item 6 Page 4 ISSUES RAISED IN RESPONSE TO THE PROPOSED LOCAL DEVELOPMENT PLAN AND PROPOSED SUBMISSION TO SCOTTISH MINISTERS APPENDIX 1: POLICY COMMENTS Summary of Schedule 4s: Policies ISSUE 1 OMISSIONS FROM THE PLAN Main objections raised in representations There is a deficit of discussion and evidence in the plan. Greater policy coverage of air quality issues should be included. Broadband and digital infrastructure requires a higher profile. Roll out plans for digital infrastructure should be included. This is supported by Scottish Planning Policy (SPP). Response The evidence base for the plan is included in the Main Issues Report (MIR) position papers and the Monitoring Report. Air quality issues were addressed through the site allocation process. SPP does not restate policy and guidance set out elsewhere. SPP is a significant material consideration and it is inappropriate to repeat national policy in the local development plan (LDP) when it is clearly stated. SPP seeks the LDP to encourage developers to explore opportunities for the provision of digital infrastructure to new homes and business premises. This is not a mandatory requirement. Infrastructure providers cannot predict their roll out plans for the next 10 years due to the rate of technological change, and in any case BT plc is committed to deliver access to fibre broadband to at least 96% of premises outwith the Highlands and Islands area by the end of 2017. List of non-notifiable modifications No change is required. ISSUE 2 INFLUENCES ON THE PLAN Main objections raised in representations The plan should provide greater clarity in relation to its strategic context. Greater policy coverage of air quality issues should be included. Consideration should be made of the National Marine Plan. The plan should support the delivery of the relevant River Basin Management Plan for the area. Response The strategic context is rightly contained in the Aberdeen City and Shire Strategic Development Plan (the SDP). Air quality issues were addressed through the site allocation process. Discussions with Marine Scotland and examination of Scotland’s National Marine Plan show that issues likely to arise which require alignment have been addressed. The River Dee Catchment Management Plan articulates the need to maintain the water quality of burns and streams in the Dee catchment, but only one of the actions relates to land use planning matters under specific control of the ALDP. List of non-notifiable modifications References to the Scottish National Marine Plan and river basin management processes could be added to the list of bullet points on page 5. ISSUE 3 VISION OF THE PLAN Main objections raised in representations More clarity is required on how Aberdeenshire Council will balance the need to support economic growth with protecting the environment and addressing climate change. Item 6 Page 5 The aim on green networks should be modified to stress the benefits derived from maintaining and enhancing water features and ensuring their connectivity. Additional aims should support community groups to buy land for the benefit of the community and support town centres. Aims relating to quality of life, protection and improvement of our natural and cultural heritage, creation of sustainable mixed communities and making the best use of our transport system are unnecessary and should be removed as they are already dealt with in the SDP.
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