Clach na Sanais Croy -shire IV25PG 10 March 2017 (Expanded 03 April 2017) Simon Hindson Council Planning Dept

Dear Mr Hindson

Please find below, lately available, additional information in support of my objections to, 16/05725/S42, “VARY CONDITION 1 AND REMOVE CONDITION 34 OF 09/00038/OUTIN LAND NORTH EAST OF TORNAGRAIN, DALCROSS”. (A variation which seeks to remove time stipulations and the word approved from the phasing plan in condition 1 of 09/00038/OUTIN)

The Scottish Government has recently published, Places, People and Planning, a consultation on the future of the Scottish planning system. In their own words:

The consultation paper “places, people & planning” sets out twenty proposals for change which aim to strengthen the planning system and support sustainable economic growth across the country. The proposals build on the recommendations of the independent review of the planning system.

In the, building more homes and delivering infrastructure section, Proposal 14: Creating a fairer and more transparent approach to funding infrastructure, the document states that;

3.39 - Planning and development already contributes significantly to funding any required expansion in infrastructure that is needed to deal with the effects of development. We agree with the independent panel that existing arrangements focusing on the use of Section 75 planning obligations need to be reconsidered, taking into account the delay and uncertainty associated with current arrangements. We will consider changes to clarify the scope of current provisions in Section 75. 3.40 - Current legislation allows those who enter into planning obligations to apply to modify or discharge the agreement, regardless of how recently these have been entered into and how fundamental these have been to supporting development delivery. We have seen increasing uncertainty about whether commitments to providing infrastructure will come forward in the longer term. We propose restricting the ability to modify and discharge terms of planning obligations introduced by the 2006 Planning Act so that commitments made when planning permission is granted are respected by those who entered into the obligation or who acquire the land. (My bold) A very recent, brief, conversation with the contact Policy Officer at the Scottish Government, in relation to the above section suggests that the Government will be looking at tightening up the ability to modify or discharge any obligations as a whole, not just infrastructure. They are looking to introduce a bill at the end of this year.

However, focusing particularly on infrastructure, with respect to the grant of planning permission for the development of the new town, close to Tornagrain, I would highlight the following chain of events.

• The consultative draft of the Inverness Local Plan of June 2001, Section 5.1, A96 Corridor, focused on development at the Airport, with no major large scale housing developments specifically noted within the A96 Corridor. This plan also described the A96 Corridor as being, The coastal plain between Inverness and Nairn;  The main elements of growth in the A96 Corridor derive from the non-statutory work carried our thereafter, outwith the development plan context;

• That non-statutory work resulted in the publication of, The A96 Growth Corridor Development Framework, in 2007. Within that framework, section 8, Delivery, set out mechanisms for the fair delivery of Infrastructure across the Corridor. A phasing Matrix is included in this section and under the heading, Development Phasing, the framework clearly states that, It is critical that a clear understanding of phasing for development and infrastructure is provided. This will allow development to progress in an orderly fashion. The section concludes, Should this pattern be amended, there could be significant impacts for infrastructure delivery and project funding. Consequently any such amendments should be carefully considered and their implications assessed; (My bold)

• Moving into the statutory context; the Highland wide Local Development Plan, HwLDP, April 2012, references the A96 Growth Corridor Development Framework, September 2007, as, Existing Supplementary Guidance, as a, Framework for future developments over the next 30+ years within the land eastwards from Inverness to the border with Moray and south to the B9006;

• The Highland wide Local Development Plan, HwLDP, April 2012, also references the A96 Corridor Developer Contributions...Protocol for securing developer contributions within the A96 Corridor, as Future Supplementary Guidance.

• Section 10 of the HwLDP, The A96 Corridor – Phasing and Infrastructure, Policy 9, clearly states that, For larger mixed use sites, the Council will require that each site is masterplanned and each phase of development will need to show its relationship to this initial masterplan and demonstrate how the required developer funded infrastructure can be delivered;

• Section 12, of the HwLDP, Tornagrain, states, at 12.3, that, The delivery of a development of this scale clearly requires effective long term planning…

• Policy 13, of the HwLDP, Tornagrain, begins with the wording, The Council supports the development of Tornagrain as an essential component of the settlement strategy to meet the long term housing needs of the area. Development will be supported in self- contained phases, subject to infrastructure and services being provided to support the growth of the town, and towards the end states contributions towards provisions of strategic infrastructure in line with an amended A96 Corridor Protocol;

• As noted in previous submission, The 2015 Inner Moray Firth Local Development Plan states, for Tornagrain, Requirements: Development in accordance with the approved planning permission 09/00038/OUTIN, Section 75 Planning Obligation and associated masterplan...(during the Plan period to 2031 development should progress with no more than 344 homes delivered in the period to 2016; 507 homes in 2016-21; 780 homes delivered in the period 2021-26 and 885 during the 5 year period 2026-31);

• Within the 2015 Inner Moray Firth Local Development Plan, the council has clearly made a link between the planning permission and the development plan;

In conclusion;  The Planning Authority has vigorously defended the inclusion of this new town as part of its 30 to 40 year planning strategy and emphasised its worth to the creation of prosperity, not just for the A96 Corridor, but for Inverness and the wider Highland economy;

• There is a clearly established link between the grant of permission for large scale developments, facilitating growth in the A96 Corridor, in particular, Tornagrain, and the timing of the provision of infrastructure;

• It is critical that the approved timing of phasing, for development and infrastructure, is clearly set out;

• It is critical that detailed information is provided by the developer so that the economic consequences for the growth strategy can be considered.

Planning Circular 3/2012 specifies that planning conditions, (with guidance pertaining to the use of conditions set out in Circular 4/98), are generally preferable to a planning or legal obligation. It states that, Planning authorities should be clear that a planning obligation is only necessary where successors in title need to be bound by the required obligation, for example where phased contributions to infrastructure are required. Highland Council has, presumably, imposed the conditions, with respect to 09/00038/OUTIN, which are set out in the Decision Notice, dated 06 11 2013, following the guidance set out in Circular 4/98. The conditions, given the complex planning history of the New Town, would appear, as per Circular 4/98, to be, necessary, relevant to planning, relevant to the development to be permitted and reasonable. The Decision Notice also advises that the planning permission had been granted subject to a section 75 Obligation and that, 'The terms of this obligation must be read in conjunction with the planning permission hereby approved'. It is reasonable to assert, therefore, that the same commitment should be applied to the upholding of the conditions as to the upholding of the

Section 75 planning obligations. The Scottish Government proposes restricting, the ability to modify and discharge terms of planning obligations introduced by the 2006 Planning Act so that commitments made when planning permission is granted are respected by those who entered into the obligation. (My bold). Hence, it is vital that MEDCo respects their obligations, in the broadest sense, and continues to operate within an approved time stipulated phasing plan, which, in their own words, they assumed to be, broadly consistent with the Highland Council's A96 Growth Corridor Framework Strategy.

C Stafford

Tornagrain and the Scottish Sustainable Communities Initiative

The submission made by Tornagrain to the Scottish Sustainable Communities Initiative: http://www.gov.scot/Resource/Doc/212607/0083319.pdf Extracts ..It is Moray Estates’ aspiration that Tornagrain will set the standard for residential led development in in the 21st century. It is intended that Tornagrain will create a new and sustainable community for the Highlands...... In addition, the Estate recognises that the town will not exist in isolation; the success of the town is clearly dependent upon the future success of the Highland region. Equally, the Estate believes that the town will play an important role in the future success of the Highlands. Tornagrain is therefore a key element of The Highland Council’s strategy for long term sustainable growth of the Inner Moray Firth area.

Q1. How does the proposal contribute to meeting identified regional and local housing requirements taking account of the economic opportunity for the area? ...Delivery of the first phase of Tornagrain is forecast from 2011, and therefore the construction is phased over 35 year period up to completion in 2046. Given these timescales it is also necessary to look at and beyond the housing requirements set out in the Development Plan. Consideration has been given in the first instance as to how Tornagrain will contribute to the strategy of the statutory development plan. ...Sustainable Housing – Summary - Tornagrain will contribute to meeting identified local and regional housing requirements taking account of the economic opportunity of the area by: • Sustainably accommodating the significant population growth that is expected in the Inner Moray Firth over the next 30 years. • Sustainably delivering the latent economic potential of the A96 Corridor by supporting the delivery of the Inverness Airport Business Park through the coordinated provision of infrastructure and the integration of employment and housing development in a sustainable new town of exceptional environmental quality. • Contributing to the delivery of the regional housing requirement derived from the statutory development plan. • Responding to the identified affordable housing needs for the Highlands through the provision of 25% affordable housing, and a flexible approach to housing type and delivery to best meet demand.

Q2. What makes this a sustainable location? Sustainable Location – Summary Tornagrain is sustainable location because: • Development in this location will help facilitate the delivery and success of the Inverness Airport Business Park and as such will unlock the latent economic potential of the land adjacent to airport, railway and A96 trunk road. • Development in this location will deliver a new town of sufficient scale to accommodate retail and commercial development and a broad range of social and community facilities. As such, this location supports the creation of a new town within the existing settlement hierarchy. This will deliver social cohesion without compromising the businesses, facilities and services of neighbouring communities. • Development in this location will capitalise on the opportunity to provide sustainable transport solutions and also reduce the need to travel through the creation of a level of achievable self sufficiency. • Development in this location will preserve and enhance the valuable areas of high landscape quality in the Highlands.

Q4. How does the proposal address long term sustainability? As an historic landowner the Estate is committed to a long term presence in the region.

Q5. How will this proposal be delivered? Overall the pattern of phasing is envisaged as follows: The proposal for Tornagrain has so far been driven by the Estate as the landowner of the site. This has facilitated the creation of a masterplan which has the potential to deliver a wholly sustainable community for the Highlands. Phase 1 2011–16 344 units Phase 2 2016–21 507 units Phase 3 2021–26 780 units Phase 4 2026–31 885 units Phase 5 2031–36 960 units Phase 6 2036–41 1100 units Phase 7 2041–46 384 units As referred to in the previous section, the Estate has devoted significant resources to establishing the financial feasibility of the project. This has involved an assessment of the costs of delivery, how to approach the phased delivery of key infrastructure, and the implications of the A96 Growth Corridor Developers Contribution Protocol. The Estate is confident that this model of sustainable development will not only be socially, environmentally and financially sustainable in the widest sense but also financially sustainable to the Estate as promoter. This is clearly an important measure of sustainability if Tornagrain is to be an example to others minded to promote this type of development

SSCI two years on (Published by the Scottish Government, March/2011) Extracts Challenges • Planning: Ensuring the best fit between Local Development Plan timeline and project timeline. • Engagement with public agencies: Resolving the requirements of complex mix-use development with public agencies within a manageable timescale. • Design Code challenges: Providing certainty to the developer in order to enable implementation over a term of around 30-40 years. ...The proposal for a new town at Tornagrain was the result of concern that the growth of the A96 Inverness – Nairn area over the next 30 years should not repeat the perceived mistakes of the past. Moray Estates, owner of the Tornagrain site, and The Highland Council is trying to create a new community that emulates the best of traditional town planning in a 21st century context as a place that succeeds economically, socially and environmentally. Scottish Government Support • Grant funding for research considering the development of specific design codes for the project and to explore their integration with planning objectives. • Grant funding to support research into international best practice in energy options, particularly focussing on the specific energy requirements of the project and the viability of bio-gas. • Architecture and Design Scotland provided a dedicated SSCI Design Review. • Grant funding to produce a report providing advice on how development management can be used for the development of sustainable communities. ...With the support of the Scottish Government and the SSCI, Moray Estates appointed the University of Dundee to carry out research and produce a report on the use of planning conditions and Section 75 agreements for the delivery of Tornagrain and other long term development projects. The research work examined how design codes might be embedded within the planning process and particularly in unpacking the challenges of implementing these codes on the ground. Research Report Design Coding in Scotland: Lessons from the Scottish Sustainable Communities Initiative in Tornagrain Moray Estates wishes to ensure the proper delivery of its masterplan vision and to aims to understand how this might be achieved in the most effective and efficient manner. The report Design Coding in Scotland: Lessons from the Scottish Sustainable Communities Initiative in Tornagrain was commissioned to investigate this issue. Firstly, the Report addresses this matter via: an examination of planning issues both national and regional to Highland; the approach taken by Moray Estates at Tornagrain – the design philosophy and the design code submitted as part of the 2009 planning application; and the consistency of the Estates’ approach to national and local planning policy. The Report then examines the development management process. This involves an assessment of the relative merits of control/guidance using Supplementary Planning Guidance (SPG) or more site specific mechanisms such as planning conditions on the permission or via a separate S75 Agreement. It seeks to clarify the current Tornagrain design code as a form-based code or pattern book and considers what influence this may have on the preferred framework for implementation. It also considers the Scottish Government’s view on the options available. The Report concludes that design codes have an important role to play in the efficient delivery of quality design. Framing these codes within the planning and legal framework effectively depends, to an extent, on your objectives. SPG provides flexibility and wider applicability but may not be site specific enough. In which case, planning conditions and S75 Agreements would be more appropriate, with the former being considered more flexible and efficient. High level guidance on design code use via an SPG with site specific conditions may well be the preferred solution.

Latest in the press that I can find: "Meet the Hewitts - Tornagrain's 'first family' (Inverness Courier) http://www.inverness-courier.co.uk/News/Meet-the-Hewitts-Tornagrains-first-family-28032017.htm

Extract

The first phase will see 200 homes built by ZeroC and A & J Stephen and will take around three years to complete. Of these, 42 are already reserved. The town will be expanded in phases over the next 50 to 60 years and will ultimately be home to more than 10,000 people – a town similar in size to Nairn.

"Scotland's newest town welcomes first residents" (Scotsman) http://www.scotsman.com/news/scotland-s-newest-town-welcomes-first-residents-1-4405724

Clach na Sanais Croy Inverness-shire IV25PG 28 February 2017

Simon Hindson Highland Council Planning Dept

Dear Mr Hindson

Please find below my objections to, 16/05725/S42, “VARY CONDITION 1 AND REMOVE CONDITION 34 OF 09/00038/OUTIN LAND NORTH EAST OF TORNAGRAIN, DALCROSS”.

Firstly, please would you carry forward the material that I submitted as my objections to 14/02952/FUL, “Variation of condition 1, to remove time stipulations for each Phase and allow revision of Phasing and Sub-phasing Plans as appropriate, variation of condition 26 to introduce requirement for the submission of a Phasing Plan Land North East Of Tornagrain Dalcross”. (Application withdrawn in 2014.) I believe that these objections can be carried forward since both of the Variation of Condition applications seek to remove the time stipulations from Condition 1 of 09/00038/OUTIN; time stipulations which are a vital component of local plan strategy. (The ePlanning Centre has acknowledged receipt of this previous material in relation to16/05725/S42)

In addition to requesting that the three objections from 14/02952/FUL stand, I would like to object to 16/05725/S42, on the grounds that it would be contrary to the guidance as set out in the Adopted 2015 Inner Moray Firth Local Development Plan and would effectively constitute a significant change to the development plan re the potential for economic growth in the A96 Corridor.

In support of this objection I would like to draw attention to the following.

The 2015 Inner Moray Firth Local Development Plan states, in relevant sections, that:

 Strategy for Growth Areas...Land for 18,350 homes from 2011 up to 2031 focused on existing settlements...Provision of an effective and available land supply to support the economic growth of the area including key sites at Inverness Campus, Whiteness and Inverness Airport...A nationally important area for coordinated growth and public investment along the A96 Corridor including an innovative new town at Tornagrain linked to major employment growth and an integrated transport hub…

 Tornagrain...Identified in the Scottish Government’s Scottish Sustainable Communities Initiative as having potential to deliver green spaces, homes, employment, services and facilities within a compact sustainable new town...Delivery of development in phases as supported by a masterplanned approach...Delivery of development in phases as supported by a masterplanned approach...Capacity to accommodate around 2,500 new homes till 2031...The new town is envisaged to have a population of around 10,000 when built out over an estimated 30-40 year period. The proposal will be progressed on a phased basis, comprising 7 main phases of development.

 Requirements: Development in accordance with the approved planning permission 09/00038/OUTIN, Section 75 Planning Obligation and associated masterplan. Further developer masterplans for individual phases and applications to address: landscape character; transport improvements to trunk and minor roads; active travel provision; contribution to green networks; education provision; natural, built and cultural heritage issues; provision of other facilities and services to support a new settlement; phasing over the next 30-50 years (during the Plan period to 2031 development should progress with no more than 344 homes delivered in the period to 2016; 507 homes in 2016-21; 780 homes delivered in the period 2021-26 and 885 during the 5 year period 2026-31)

I would further like to object to this Variation of Condition Application, which seeks to remove all time stipulations from the phasing plan, as set out in condition 1, on the grounds that it would be contrary to the 'foundations', that the New Town is based on, as set out within the very lengthy statutory and non-statutory processes; foundations which were used to strongly justify the grant of the planning permission on this large, currently isolated, greenfield site. In support of the above objection, I draw your attention to the words of both the landowner and the Scottish Government Reporter.

Example one: material prepared by the landowner developers which promised much. A pamphlet published in March 2008, to accompany the second of three exhibitions presented to the public leading up to the submission of the planning application, noted in a section titled, 'Phasing', that;

 Although the actual rate of growth at Tornagrain will be influenced by demand, our assumption is that it will be broadly consistent with the Highland Council's A96 Growth Corridor Framework Strategy…

A table was then included from the Framework Strategy, showing 4500 homes being created, in six periods, between 2011 and 2041, some 30 years. (The landowners subsequently requested an additional number of homes in a seventh phase of construction, to 2045).

Example two, THE INNER MORAY FIRTH PROPOSED LOCAL DEVELOPMENT PLAN THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANNING) (SCOTLAND) REGULATIONS 2008 SUBMISSION OF THE REPORT OF THE EXAMINATION

Reporter’s conclusions: TG1 Tornagrain General (00511) (04182) (04414)

1. The National Planning Framework for Scotland identifies the area between Inverness and Nairn as the focus for growth in the Inner Moray Firth Area. This strategy is detailed in the Highland-wide Local Development Plan (HWLDP). The delivery of a new town at Tornagrain forms a key element of the strategy of that plan. It is noted in the policy section of this examination report that the projections for growth and the targets for land supply set down in the HWLDP have only recently been adopted. These targets are therefore considered still relevant for setting the targets for land supply for this local development plan. The housing, retail, business, community infrastructure and other elements of the planned new town outlined in the use description are the single largest element of the Inverness-Nairn Growth strategy and despite the current economic recession I see no compelling reason for its alteration or deletion. (My bold)

Reporter’s recommendations:

It is recommended that the first sentence of the requirements for Site TG1 Tornagrain be replaced with “Development in accordance with the approved planning permission 09/00038/OUTIN, Section 75 Planning Obligation and associated masterplan.” Continue as before; ‘Further developer masterplans…………’ (page 348, PROPOSED INNER MORAY FIRTH LOCAL DEVELOPMENT PLAN

Given the passage of time since the previous Variation of Condition application and the availability of new information, I would like to add weight to my original objections.

I now note that an article, in the Press and Journal, dating from 19 May 2016 and available on-line at pressreader, referred to between 35 and 45 homes being completed each year as part of phase one. However, a more recent article, also in the Press and Journal and also available on pressreader, dated 14 December 2016, states that the first phase is only 200 houses and flats. Added to that, construction is under way on only 26 properties, with the first 100 homes taking four to five years.

The above noted rate of progress is considerably slower than that which was promised to councillors and the public; the public who struggled long and hard to get to grips with every element of the planning process – national and local – during the evolution of the proposals for the growth within the Local Authority's vastly expanded notion of the 'A96 Corridor'. Given that, according to the Reporter, The housing, retail, business, community infrastructure and other elements of the planned new town outlined in the use description are the single largest element of the Inveness-Nairn Growth strategy, then any attempt to change such a fundamental and important condition, as condition 1, which is a cornerstone of this Growth Strategy, should be accompanied by a great deal more information; information which should then be rigorously scrutinised by the strategic planning committee.

I object to there being no information provided with this application as to why condition 34 should be removed and therefore to the removal of condition 34 on that basis.

I realise that this is not a timeous response, however I note that the application was submitted on 22 December 2016. Whilst the application was, I now note, advertised in January, the periods leading up to and after the festivities can be very busy for families and it is very easy to miss planning applications during these weeks.

Thank you for accepting these objections

Yours Sincerely

Cathy Stafford (Mrs)