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PERTH and KINROSS COUNCIL Enterprise and Infrastructure 11 PERTH AND KINROSS COUNCIL 15/130 Enterprise and Infrastructure Committee 25 March 2015 Landscape Guidance Report by Depute Director (Environment) This report provides a summary of the comments received on the Landscape Supplementary Guidance which was formally consulted upon from 28 November 2014 to 19 January 2015. As part of the process of developing the supplementary guidance, a Review Panel was established and workshops were held at the AK Bell Library on 24 April, 20 May and 10 June 2014 respectively. An online survey to allow wider participation in the review process was also used. The report makes recommendations for changes where appropriate and seeks consent to finalise and adopt the Supplementary Guidance to support the Local Development Plan (adopted 3 February 2014). 1. INTRODUCTION 1.1 The Adopted Local Development Plan sets out the Supplementary Guidance to be prepared to support the policies and proposals in the Plan, an updated programme for which was approved by the Enterprise and Infrastructure Committee on 20 November 2014 (Art 13/546). As part of this programme, the Landscape Supplementary Guidance was consulted on for a period of 8 weeks from 28 November 2014 to 19 January 2015 1.2 The Scottish Government’s Chief Planner wrote to all Heads of Planning on 15 January 2015 suggesting that there needs to be a different approach taken towards supplementary guidance. His letter discusses the fact that different authorities are taking different approaches to supplementary guidance, not all of which are appropriate. It states that it is “essential that supplementary guidance is limited to the provision of further information or detail and that the local development plan expressly identifies the matters to be dealt with in supplementary guidance”. Having reassessed the proposed supplementary guidance, we are confident that it is compliant with this new guidance as it is referred to specifically within the plan and provides further, technical guidance in respect of the policies in the plan. 1.3 Under The Town and Country Planning (Scotland) Act 1997 (as amended) and the Town and Country Planning (Development Planning) (Scotland) Regulations 2008, Supplementary Guidance can be adopted and issued by a planning authority. Any such guidance issued and consulted upon will form part of the development plan. It should be noted that the comments received are not subject to Examination by a Reporter. 99 1.4 This Supplementary Guidance (SG) has been produced to incorporate the review and update of Local Landscape Designations in Perth and Kinross into the Council’s planning policy framework. The previous designations around Perth were made in the 1980s and were designated with a less rigorous methodology than is now available. Consequently, it was considered that it was opportune to undertake a complete re evaluation across the whole of Perth and Kinross. Prior to the Local Development Plan coming into effect, the Area of Great Landscape Value designations‐ were concentrated on the area around Perth and in Kinross-shire. The re evaluation was therefore intended to consider the full range of areas of landscape quality through an up to date and consistent methodology. ‐ 1.5 This report briefly outlines the context, the contents of the Supplementary Guidance, considers the comments received, and suggests changes to the Supplementary Guidance where considered appropriate. The Landscape Supplementary Guidance has been prepared to support Policy ER 6 (Managing Future Landscape Change to Conserve and Enhance the Diversity and Quality of the Area’s Landscapes) and help bring forward land management initiatives to protect and enhance the Local Landscape Areas. It was developed in partnership with the Landscape Review Panel through a series of workshops facilitated by Land Use Consultants (LUC) and the STAR Development Group. The consultants and Review Panel are to be commended for the work undertaken to help inform the Supplementary Guidance. 2. POLICY CONTEXT 2.1 This supplementary guidance document supports European and national policies and initiatives relating to landscape and the following paragraphs outline the policy and statutory context within which the guidance sits. European Landscape Convention 2.2 The European Landscape Convention (ELC) came into force in the UK in March 2007. The Convention established the need to recognise landscape in law; to develop landscape policies dedicated to the protection, management and planning of landscapes; and to establish procedures for the participation of the general public and other stakeholders in the creation and implementation of landscape policies. Scotland’s Landscape Charter 2.3 Scotland’s Landscape Charter (2010) encourages action from everyone to fulfil its vision to ensure that all Scotland’s landscapes are protected for future generations. National Planning Framework 2.4 The National Planning Framework for Scotland 3 (NPF3) recognises the contribution Scotland’s landscapes makes to our quality of life, our national identity and the visitor economy. 100 Scottish Planning Policy 2.5 Scottish Planning Policy (SPP) is the Scottish Government's policy on nationally important land use planning matters. The policy outlines the need for planning authorities to protect, enhance and promote “access to natural heritage, including green infrastructure, landscape and the wider environment” (para 29). Wild Land 2.6 The Scottish Government's third National Planning Framework, published in June 2014, recognises wild land as a "nationally important asset", and indicates Scotland's wildest landscapes merit strong protection. Scottish Planning Policy sets out how this should be achieved. This includes the identification of wild land and its safeguard in Development Plans and in Spatial Frameworks for onshore wind farms, and the need for development to "demonstrate that any significant effects on the qualities of these areas can be substantially overcome by siting, design or other mitigation". (SPP paragraph 215) Hierarchy of Landscape Designations National Scenic Areas 2.7 NSAs are designated under Section 263A of the Town and Country Planning (Scotland) Act 1997, and are defined as “of outstanding scenic value in a national context.” The legislation also states that within an NSA “special attention is to be paid to the desirability of safeguarding or enhancing its character or appearance.” It should be noted that there is no overlap with the Local Landscape Areas (LLAs) although as Map 1 shows a number of the Local Landscape Areas abut NSAs. National Parks 2.8 The National Parks (Scotland) Act 2000 enabled the establishment of National Parks in Scotland. The purpose of National Parks is to conserve and enhance landscapes within the countryside whilst promoting public enjoyment of them and having regard for the social and economic well being of those living within them. In addition, they are designated to promote the sustainable use of the natural resources of the area and the sustainable social and economic development of its communities. These purposes have equal weight and are to be pursued collectively unless conservation interests are threatened. Gardens and Designed Landscapes 2.9 The Inventory of Gardens and Designed Landscapes (GDL) identifies sites of national importance and provides information about them ensuring that change is managed in an appropriate way, taking into account the qualities and significance of these landscapes and their constituent elements. This means seeking to retain key landscape features and characteristics for the future, while also allowing the landscape to adapt to modern demands. Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, planning authorities are required to consult Historic Scotland on development proposals that they consider may affect an Inventory Garden or Designed Landscape. It should be noted that a number of the LLAs contain GDLs within them. 101 Wild Land Areas 2.10 Wild Land Areas are identified as nationally important in Scottish Planning Policy, but are not a statutory designation. Scottish Natural Heritage published a new map of wild land areas in June 2014. It should be noted that there is an overlap between some Local Landscape Areas and Wild Land Areas. Local Landscape Areas 2.11 Scottish Planning Policy sets the requirement for Local Planning Authorities to designate locally important landscapes. Local landscape designations are shown in local development plans, and have associated policies to safeguard their valued features. LLAs complement the National Scenic Area designation, which identifies those landscapes that are seen as nationally important owing to their unsurpassed scenery. Whilst two of the LLAs adjoin the Parks, there is no overlap. 3. BACKGROUND 3.1 Perth and Kinross is renowned for its high quality, distinct and diverse landscapes, many of which form a significant part of Scotland’s natural and cultural heritage. These landscapes are an important resource that contributes to the social and economic well-being our area. They provide the surroundings for our daily lives, adding positively to the quality of life and economic performance of the area. And they provide the special places whose character and scenic quality is the main attraction for sport, tourism and outdoor recreation and can contribute to health improvement and wellbeing. 3.2 The landscape character of Perth and Kinross is constantly changing as a result of various forces that affect the physical
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