LOCAL DEVELOPMENT PLAN CONTENTS

Foreword 2

How to use this plan 3 Influences on the plan 4 Vision for the plan 5 New Spatial strategy 7 Shaping Banff and Buchan 9 Shaping Buchan 12 Shaping Formartine 15 Shaping Garioch 18 Shaping Kincardine and Mearns 21 Shaping Marr 24 Shaping business development 27 Shaping development in the countryside 33 Shaping homes and housing 39 Shaping places 45 Natural heritage and landscape 51 The historic environment 57 Protecting resources 63 Climate change 69 The responsibilities of developers 75

Business land allocations 81 Retail centres 87 Boundaries of the greenbelt 91 Identified settlements under policy R2 103 New housing land allocations 107 Existing conservation areas 123 Standards for household waste facilities 129 Settlement statements 133 Schedule of land ownership 639

Glossary 645 SECTION 11

SHAPING BUSINESS DEVELOPMENT

– 27 –

– 28 – SHAPING BUSINESS DEVELOPMENT

Developing business is very important to the economic health of the region. Aberdeenshire must be ‘open for business’ to become a successful sustainable place, meeting the many different and changing needs and locational requirements of the different sectors and sizes of business. The plan is closely matched to the priorities of the Economic Development Strategy 2011 to 2016.

We take the view that business development those for primary industries, which generate is not just about industrial estates and more than 10 Heavy Goods Vehicle that it is important to provide a policy movements per day will only be permitted framework that supports existing business on land accessible to suitable railheads, sectors and promotes and protects new harbours or the trunk road network. ones as part of the way land is used within settlements. Policies promote a ‘town Existing land used for business, usually centres first’ principle and consider the identified as BUS within settlement specific development needs of both the statements, will be retained for this use regeneration area and the Energetica unless there is a constraint on the site area, an area where a particular emphasis whereby there is no reasonable prospect of is being placed on high-quality, low-impact it ever becoming marketable for business developments to support the continued development or it is poorly located for growth of energy-related companies in employment use. The alternative use must the North East. Overall we will support the benefit the local community and must not development of business and sustainable prejudice the strategic employment land economic growth in all areas by taking requirement. It must respect the character account of the economic benefits of of the area and be compatible with nearby proposed development when we make uses. Proposals for the change of use of decisions in managing developments. business use will not normally be permitted if it removes all business land opportunities The business land allocations are listed in within the settlement. appendix 1. We will not allow houses, even if also Policy B1 Employment and business land designed as workplaces, on land identified in the plan specifically for business We will approve new employment uses uses. Home/ work proposals may be on land allocated or identified in the plan appropriate on land identified for mixed- for business as set out in the settlement use development depending on the criteria statements in Appendix 8. We will not set out in Policy P3 Infill and householder approve non-employment uses on these developments within settlements (including sites. In exceptional circumstances, home and work proposals). the early release of strategic reserve employment land will be supported if there is a justified economic need or if it is required for design reasons. Developments other than

– 29 – Policy B2 Town centres and office We will also support shops which will act as a development new tourist destination or support an existing one, and which will make a contribution We will allow retail and other uses which a to the development of the area. The lot of people will visit only in defined town expansion or intensification of existing retail centres unless a sequential assessment uses in the countryside, including established shows that another site is more appropriate. farm shops, will be supported as long as Other uses include office developments, the increased scale of development is commercial leisure uses, community and appropriate to the rural character of the cultural facilities and, where appropriate, area. In any of these cases, the applicant other public buildings such as libraries and will need to demonstrate that there will be education and healthcare facilities. In no significant negative effect on existing the case of office developments, where town centres by submitting a retail impact it can be shown that there is no suitable analysis. Such development is encouraged town centre location, they will normally be on brownfield land where possible. accommodated on identified employment and business land in accordance with Policy We will also consider new tourist facilities B1. Sites are required to be conveniently against other appropriate policies in the accessible by modes other than the plan. These will mainly be Policy R2 Housing private car to the projected catchment and business development elsewhere of the facility. In the case of major retail in the countryside, and Policy P3 Infill proposals, a retail impact assessment and householder developments within must demonstrate there will not be a settlements (including home and work significant adverse effect on theviability proposals). or vitality of existing town centres and does not make worse any issue identified by a Town Centre Health Check or Town Policy B4 Special development areas Centre Strategy. In the case of office We will consider helping start-up businesses developments, no account will be taken of in the regeneration priority area (as defined public car parking in assessing compliance on the proposals maps and in detail in the with parking standards. Small convenience “Regeneration Priority Area” supplementary shops designed to meet a need in a local guidance) by allowing co-funding through neighbourhood are not covered by this modest housing developments where these policy. are essential to allow the development to proceed and this is not a substitute Retail and commercial facilities must be for normal development funding. Wider appropriate to the scale and function of the public benefit must significantly override settlement and support an appropriate mix the disadvantages of the development. of uses within the town centre. The network The level of development should not of centres is set out on the proposals map exceed five houses in all but exceptional and in appendix 2. cases. For clarity, housing development allowed under this policy is not considered Policy B3 Tourist facilities a ‘housing cluster’ under the terms of Policy R2 for a period of at least five years from the We will support the development of new completion of the development. tourist facilities or accommodation that are well related to settlements and deliver net Development in the Energetica area will economic and social benefits.Proposals need to keep to a design and sustainability must take account of the potential vision agreed with Aberdeen City and as cumulative impact of similar developments presented in the supplementary guidance in close proximity. With the exception of “Energetica”. reinstatement to a dwelling from bed and breakfast accommodation, we will protect existing tourist sites from being converted to other uses unless there is evidence that the business has been marketed for at least 12 months, including in the local area, and is no longer viable.

– 30 – Rosehearty Fraserburgh Portsoy Macduff A98

A98 Crimond Moray

Aberchirder

Turriff Cuminestown

Mintlaw Longside Peterhead

Auchnagatt A952 Huntly Ardallie

Hatton A90 Rothienorman Cruden Bay

Tarves Ellon

Kennethmont Pitmedden Insch Oldmeldrum Rhynie & Milldale Oyne West Newburgh Udny Station Pitmillan Foveran A96 Inverurie Lumsden Rashierieve Foveran Newmachar Belhelvie Balmedie Kintore Kemnay Kingseat Alford Whitehouse A90 Blackdog Blackburn Muir of Fowlis

Aberdeen City Westhill Shaping Tarland Business Development Marywell Kincardine O'Neil Business Land A93 AWPR Size Guide (Ha) Aboyne Banchory Portlethen Chapelton 0 - 10 (Elsick) Cairngorms National Park 10.1 - 20 Newtonhill

AWPR

20.1 - 30 Stonehaven

> 30 Drumlithie

Auchenblae A92 Existing Business ! Land Fordoun New Business ! Land Allocations Laurencekirk Gourdon Edzell Woods Long Term Angus Luthermuir Strategic A90 Marykirk Reserve St Cyrus ± Energetica Regeneration

0 5 10 20 KM Copyright 2014 Esri Priority Areas (c) Crown Copyright. OS Licence No. 0100020767 Copyright:© 2014 Esri – 31 –

– 32 – SECTION 12

SHAPING DEVELOPMENT IN THE COUNTRYSIDE

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– 34 – SHAPING DEVELOPMENT IN THE COUNTRYSIDE

We want to create a welcoming approach to development in the countryside that meets needs and encourages prosperous, sustainable communities and businesses while protecting and improving the quality of the environment. We need to recognise the effect that rural living can have on wider aims shared with stakeholders on reducing the need to travel and on issues of climate change and sustainable development. Policies and allocations promote a pattern of development that is considered to be appropriate to the ‘pressured’ and ‘intermediate’ character of the area. (Pressured and intermediate areas are terms used in paragraphs 76 to 78 of Scottish Planning Policy. The Aberdeen housing market area boundary marks the boundary of the two areas.)

Some development proposals, such as • the sensitive restoration, conversion or extracting minerals, need a rural location extension of a vernacular building or or can have a significant effect on our other building of architectural merit; landscape, and as such we design policies • accommodation within the immediate to tackle these concerns. We consider our vicinity of the place of employment policy on wind turbines under the ‘Climate required for a worker in a primary change’ section. industry which is appropriate to the countryside and where the presence of Policy R1 Special rural areas a worker is essential to the operation of the enterprise and there is no suitable Housing and employment development alternative residential accommodation opportunities will be significantly restricted available; in the greenbelt and coastal zone to reflect • development identified as a national the special nature of these areas. We will priority in the National Planning only allow development if it is essential Framework; and cannot be located elsewhere. In the greenbelt the following development is • development of minerals under Policy R3 permitted: and waste facilities under Policy PR3 may be permitted where an essential need is identified; • the extension of an existing building or use that is ancillary to the main use; • developments (including community infrastructure) under Policy PR2 may be • development for the purposes of permitted in the greenbelt where they agriculture, forestry, horticulture, meet an established need and where it nature conservation or essential public can be adequately demonstrated that infrastructure; no alternative location can be found; • development for a recreational use and that is compatible with its agricultural or • it is the replacement of a single non natural setting; vernacular building on the same

– 35 – footprint, and for the same use. The Small-scale growth of settlements where replacement building must be consistent a particular need for development has in scale, and no more intrusive than the been identified, by the addition of groups existing building. In addition, it is generally of no more than 3 houses within 200m of expected that the new building will the settlement boundary, is also promoted. demonstrate a significant improvement These identifiedsettlements are listed in in design to that of the existing building. appendix 4. No more than an additional 20% growth of the settlement, up to a maximum In the coastal zone development must of 10 new homes, will be permitted under require a coastal location, and the social this policy during the plan period. and economic benefits must outweigh any adverse environmental impact or it must be Single homes will also be permitted for the redevelopment of an existing building, or the retirement succession of a viable farm within the curtilage of an existing building. In holding. any case there must be no coalescence of coastal developments or significant adverse impacts on natural coastal processes or We will also allow development proposals habitats. Great care must be taken to in the rural housing market area (which are assess flood and erosion risk. classed as ‘intermediate’ rural areas) if they are small-scale employment proposals, or a small-scale addition to an existing cluster We will approve proposals for coastal or group of at least five houses which is of protection works if an assessment of the a scale and character that is in keeping implications of the works shows that they with that cluster or group. No more than an work with natural processes and there additional 20% growth of the cluster, up to a will be no significant adverse impact on maximum of 2 new homes, will be permitted coastal processes or habitats, and that the under this policy during the plan period. development will not result in increased coastal erosion or flooding elsewhere on the Because of the problems associated coastline. The full range of management with restricting use and occupancy, we options should be considered over the treat all forms of lodge or chalet leisure lifetime of the development and against accommodation as housing proposals appropriate climate change projections. under this policy. (Proposals for new The boundaries of the greenbelt are shown tourist accommodation will be assessed in in appendix 3. Coastal zone areas are accordance with Policy B3: Tourist facilities.) shown on the proposals maps and shown in detail in the supplementary guidance “The Siting and design of any new development Coastal Zone”. will be a primary consideration. The retention and refurbishment of vernacular buildings Policy R2 Housing and employment and the reuse of brownfield land will development elsewhere in the always be preferred and the character of countryside these buildings should be retained. Where development relates to a building with We will restrict development proposals in vernacular architectural merit, physical the countryside area outwith the Aberdeen replacement will only be supported in greenbelt and coastal zone to small-scale exceptional circumstances. In such cases, development that would: retention, redevelopment and re-modelling should be undertaken. • be appropriate in the greenbelt (see Policy R1: Special rural areas); or Policy R3 Minerals and hill tracks • involve the refurbishment or replacement, on the same site, of an We generally only allow minerals existing house or disused building; or development if sufficient information is provided to enable the full likely effects of • involve remediation of redundant the development to be assessed, together brownfield land opportunities. with proposals for appropriate control, mitigation and monitoring. Details of

– 36 – phased working; waste management; land As appropriate we will require financial restoration and aftercare; after use; and guarantees through planning conditions public road maintenance and restoration or legal agreements to ensure that a will require to be agreed with the planning high standard of site restoration and authority as part of any application. aftercare is managed effectively and that such work is undertaken at the earliest opportunity. Provision will be made for the Development will not be permitted monitoring and review of such guarantees if a transport assessment shows that as necessary. development will have significant negative transport impacts on local communities, or a waste management plan does not Where development would result in three show how secondary materials from mineral or more consented mineral developments workings, such as overburden, waste rock within a 5km radius of a settlement and fines, will be reused. With respect to consideration will be required of cumulative sand and gravel construction aggregates impacts and any adverse impacts identified we will seek to maintain a minimum adequately mitigated. landbank of permitted reserves of at least 10 years within the market area, but we All conditions attached to mineral will generally not allow development that permissions will be reviewed every 15 years would result in the minerals landbank within (subject to the flexibility provided by Scottish the market area exceeding 15 years, in Planning Policy to postpone reviews), order to avoid unnecessary blight from to ensure that the development is not unimplemented permissions. The market adversely affecting the natural or historic area is defined as a 50km travel distance environment, landscape character or local from the Aberdeen City boundary and amenity. Guidance is given in Scottish Office the strategic growth areas defined in the Development Department Circular 34/1996 strategic development plan. We may allow and Scottish Executive Development the extraction of construction aggregates Department Circular 3/2011. to meet the needs of a specific local area where it can be demonstrated that A buffer distance restricting development these cannot be adequately served by around minerals sites will be agreed with existing sites or reserves within the overall the developer in consultation with the market area. local community. This will need to take into account the specific circumstances of the In all cases an environmental statement will proposals, including factors such as site have to show acceptable environmental location, topography, expected duration of impacts. Proposals will need to address, operations, and method of working. amongst other considerations, landscape and visual impacts, taking into account Protecting important minerals development Policy E2: Landscape; the effect on natural sites is achieved through Policy PR1 heritage and habitats, taking into account Protecting important resources. Policy E1: Natural heritage; the effect on the historic environment, taking into account Policy HE1: Protecting listed buildings, sites We will only allow development involving hill and monuments and Policy HE2: Protecting tracks if it can be satisfactorily integrated historic and cultural areas; impacts on local in the landscape and it respects existing communities, individual houses, sensitive and historic pathways. Hill tracks will only be receptors and economic sectors important permitted if they minimise environmental to the local economy; disturbance from impacts, such as soil erosion, on habitats noise, blasting and vibration; and potential and water bodies, and a satisfactory pollution of land, air and water. maintenance programme has been agreed with the planning authority.

– 37 – RoseheartyFraserburgh Portsoy A98 Macduff Banff

A98 Moray

Aberchirder

Turriff

A952 Peterhead

Huntly

Ellon

Oldmeldrum

Inverurie & Port Elphinstone Newmachar

A90

Alford Kintore A90

A96

Westhill Aberdeen City

Aboyne A90 Banchory A93

AWPR

Cairngorms National Park

Stonehaven

Development in Angus the Countryside

A90 Greenbelt A92 Coastal Zones Aberdeen HMA 0 5 10 20 KM Copyright 2014 Esri Rural HMA (c) Crown Copyright. OS Licence No. 0100020767 Copyright:© 2014 Esri

– 38 – SECTION 13

SHAPING HOMES AND HOUSING

– 39 –

– 40 – SHAPING HOMES AND HOUSING

Providing land for housing development is a central way in which the plan will contribute to Aberdeenshire being a successful sustainable place.

This plan allocates housing sites for the amenity can be addressed and where period 2017 to 2026 in line with Schedule 1 justified through an approved masterplan or of the Aberdeen City and Shire Strategic design statement that has been subject to Development Plan. The allocations are appropriate public consultation. summarised in appendix 5 and are also identified in the settlement statements in Policy H2 Affordable housing appendix 8. Policies allow us to develop land on allocated sites to make sure there is The 2011 Housing Need and Demand a continuing five-yeareffective housing land Assessment identified a requirement for supply. We will monitor the maintenance around 38% of new homes to be affordable. of a five-year effective land supply using While it will not be possible to meet all the Housing Land Audit (see https:// affordable housing needs through the www.aberdeenshire.gov.uk/council-and- plan’s housing allocations, this is still an democracy/statistics/Housing-Market/) while important part of creating sustainable mixed the Action Programme will monitor progress communities. with delivering the allocated sites (https:// www.aberdeenshire.gov.uk/planning/plans- All new housing developments of four or and-policies/delivering-development/). more houses must include 25% of the service plots for affordable housing according to Policy H1 Housing land the definitions in the currentHousing Need and Demand Assessment (i.e. housing made We will support the development of housing available at a cost below full market value, on sites allocated for that purpose within the to meet an identified need. It includes social local development plan and as shown in the rented housing, subsidised low cost housing settlement statements. for sale (discounted, shared ownership or shared equity) and low cost housing We will not allow other types of without subsidy (entry level housing for sale). development on designated housing land Private rented accommodation available unless it is linked to the housing use and at lower cost than market rents should still allows the site to be developed to also be considered within the affordable approximately the housing numbers shown housing category). Only in exceptional in the settlement statements. circumstances will we accept a lower figure. The “Affordable Housing” supplementary guidance supports this policy by providing Capacities of sites shown in appendix 5 of further detail on the forms that the this plan and the settlement statements affordable housing contribution could take, are indicative at this stage. Higher and outlining the exceptional circumstances densities would only be considered where where a lower contribution or an alternative any associated negative impacts on to onsite provision may be appropriate. infrastructure, open space and residential

– 41 – Policy H3 Special needs housing Policy H5 Gypsies and travellers Where there is an obvious need which can Specific gypsy/ traveller sites have been be demonstrated, we will generally support identified in the settlement statements to housing proposals for the elderly or those meet an identified need and to provide with special support needs. If the developer certainty to both gypsy/ travellers and the demonstrates there are no suitable sites settled community. within a settlement, we will allow special needs housing to be developed on the We will generally approve permanent or edge of a settlement provided the site is temporary halting sites for gypsies and compatible with neighbouring uses; that travellers on sites allocated for that purpose there is easy access to public transport, in the plan, or on unallocated sites where local services and public open space; and there is a proven need. In either case, the that the site’s topography and access are applicant must demonstrate that the site appropriate for those with disabilities. would not appreciably detract from the character, appearance or amenity of the Self-contained continuing care retirement area. Developers of private gypsy/ traveller communities which provide health care will sites for their own use do not have to prove be approved outwith edge of settlement a specific need for their proposals but they sites providing the applicant demonstrates will still need to meet the remaining policy that the development will be self-sufficient in tests. the provision of facilities or would otherwise not have an adverse impact on the existing Proposals must also provide a secure facilities enjoyed by local residents. environment and essential services (in the case of halting sites: water connection, Policy H4 Residential caravans refuse facilities and portable toilet), and allow reasonable access to employment, We will not generally support proposals for education and other community permanent residential caravans, residential infrastructure, and the main road network. caravan parks, or residential caravan park In the case of sites that are not intended extensions. In cases where a temporary solely for private use, applicants will need need has been demonstrated by the to demonstrate that the site will be properly applicant, we will allow the temporary siting managed. of a residential caravan providing the siting respects the character and amenity of the surrounding area and the caravan can be satisfactorily serviced. Conditions will be imposed to limit the duration of permission and to ensure the caravan is removed and the site made good after the permission lapses.

– 42 – Rosehearty Fraserburgh Sandend Portsoy Whitehills Sandhaven Inverallochy Macduff Gardenstown & Pitulie & Cairnbulg Fordyce New Aberdour A98 Tyrie Memsie St Combs Banff Rathen

Cornhill Crudie New Crimond A98 Pitsligo Strichen Moray New Byth Aberchirder Garmond St Fergus Fetterangus Turriff Cuminestown Rora Mintlaw

Maud A952 Old Deer Longside Peterhead Ruthven New Deer Stuartfield Cairnie Forgue

Drumdelgie Auchnagatt Boddam Huntly Longhaven Glass Drumblade Ardallie Methlick Hatton A90

St Katherines Ythanbank Cruden Bay Ellon Gartly Tarves

Kennethmont Pitmedden Insch Old Rayne Moray Daviot Oldmeldrum & Milldale Rhynie Clatt Oyne Udny Green Newburgh Foveran Chapel of Garioch Inverurie & Udny Station Lumsden Port Elphinstone

A96 Keithhall Newmachar AWPR Kinmuck Balmedie Keig Hatton Alford Belhelvie Kemnay Kintore of Fintray Monymusk A90

Glenkindie Blackburn Blackdog Towie Muir of Fowlis Cluny & Sauchen

Millbank Dunecht

Westhill Logie Echt Aberdeen City Coldstone Tarland Lumphanan

Torphins Shaping Homes & Kincardine Kirkton of Housing Aboyne O'Neil Maryculter Marywell Drumoak A90 Park Chapelton nq Traveller Sites A93 Inchmarlo Crathes (Elsick)

AWPR Banchory Woodlands Newtonhill New Housing Land Cairngorms National Park of Durris Finzean Strachan Allocations

! 1 Stonehaven

A92 ! 10

Drumlithie Mill of Uras Auchenblae ! 100 Roadside of Kinneff Fordoun

Fettercairn 1,000 Laurencekirk Inverbervie !

Edzell Woods Angus Strategic Luthermuir Johnshaven Growth Areas A90 Marykirk ± St Cyrus Aberdeen HMA 0 5 10 20 KM Copyright 2014 Esri Rural HMA (c) Crown Copyright. OS Licence No. 0100020767 Copyright:© 2014 Esri

– 43 –

– 44 – SECTION 14

SHAPING PLACES - LAYOUT, SITING AND THE DESIGN OF NEW DEVELOPMENT

– 45 –

– 46 – SHAPING PLACES - LAYOUT, SITING AND THE DESIGN OF NEW DEVELOPMENT

Scottish Planning Policy encourages planning authorities to create high-quality places by taking a design-led approach to development and to direct the right development to the right place. The Aberdeenshire Design Review Panel recognises that good design needs an overall approach, from the choice of site to its layout and detailed design, and covering the whole range of factors that contribute. It is not about copying the past, but promoting appropriate design, whether that is new or traditional.

We promote a broad approach to design • welcoming through visual appeal, which provides a template for a complete style and the creation of a welcoming and effective process, and from which high- environment; quality design can begin to emerge. This • adaptable to future needs through the in turn will involve using design statements, balance of land uses, building types, methods of design assessment, and public density, sizes and tenures (including involvement when developing the designs. housing for people on modest incomes), and the flexibility to adapt to the Policy P1 Layout, siting and design changing circumstances of occupants; • efficient in terms of resources used in We will support major developments (more terms of waste management, water than 50 homes, or more than 2 hectares use, heating and electricity, the use of of employment, retail or mixed use recycled materials and materials with development), or new development on sites low embodied energy, and responding we have identified within the settlement to local climatic factors associated with statements as requiring a development cold winds, rain, snow and solar gain; framework or masterplan, if they keep to and a previously agreed statement(s) on the proposed design for the site. We will assess • well connected to create well all development, whether on sites we have connected places that promote allocated or elsewhere, using a process that intermodal shifts and active travel. includes appropriate public consultation. Measures require to be identified to We will only approve development designs enhance biodiversity or geodiversity in that demonstrate the six qualities of proportion to the opportunities available successful places, which are to be: and the scale of the development opportunity and to accord with the Zero Waste Plan, a Site Waste Management • distinctive with a sense of local identity Plan will be submitted to demonstrate that through creation of a sense of place and developers have minimised the generation the aesthetics of the design features and of waste during the construction and elements; operational phases of new development. • safe and pleasant, encouraging both These obligations may be controlled by activity and privacy, providing security conditions. and protecting amenity; – 47 – Policy P2 Open space and access in new in design frameworks or masterplans or development submitted with the planning application. Construction of new paths must comply with All new developments should be published best practice. accompanied by adequate public open space appropriate to the standards Policy P3 Infill and householder shown in the Aberdeenshire Parks and developments within settlements Open Spaces Strategy and which is safe, welcoming, distinctive, well connected (including home and work proposals) and accessible. Open space may make a Sites within settlements that have no significant contribution togreen networks in specific land use designation may provide communities, particularly when it is natural development opportunities that can in form and has a significant impact in both usefully contribute towards housing and area and the edges it presents to other employment land requirements. We will land uses. Community woodlands are support development on vacant sites within encouraged. a settlement boundary that have no specific land use allocation (also known as infill We will generally expect 40% of each developments), as long as the development major development site to be devoted to respects the scale, density and character good quality open space. In each case of its surroundings and will not erode the the actual proportion will take account of character or amenity of the surrounding the location, function and characteristics area. Applicants will also need to of the development proposal and site; demonstrate that there will be no significant the function of the open space proposed; interference with the existing or proposed and, where appropriate, the function and use of neighbouring sites, or the accessibility characteristics of existing open space in the of future potential development areas. For area. Alternatively, the developer should clarity, this policy also applies to applications demonstrate that the site is a constituent to change the use of existing buildings within part of an approved development settlements. framework or masterplan, and will contribute to the 40% open space component within We will approve a house extension or an that area. ancillary development associated with an existing house providing it respects both At least 120m2 of public open space per the character of the surrounding area and home must be provided for proposals the design/ scale of the existing house, and on allocated sites of less than 50 homes. does not significantly reduce the amenity Alternatively, and expressly for windfall sites, of neighbouring residents. We encourage this may take the form, in whole or part, to “working from home” proposals if they improving existing open space within the do not cause significant loss of amenity settlement where the Open Space Audit to neighbouring properties through noise, identifies a need. traffic movements or other nuisance, and do not change the overall character of the Open space contributions will only be property’s use as a single dwelling. acceptable when arrangements for the establishment and maintenance of the Policy P4 Hazardous and potentially open space have already been agreed and polluting developments and may be part of a Section 75 agreement for contaminated land the site. Permanent, temporary or advanced greening is encouraged. We will refuse development if there is a risk that it could cause significant pollution, create a significant nuisance, or Existing and potential public access routes present an unacceptable danger to the (including core paths) should be protected public or the environment. This includes and new developments must include developments we are told by the Health appropriate opportunities for informal and Safety Executive to be near facilities recreation, and promote walking or cycling they have identified as hazardous. Pipelines, as a means of transport. Statements or plans agricultural buildings, wastewater treatment detailing proposals should be included

– 48 – plants, waste disposal/ treatment facilities Any proposed development which could and heavy industrial uses are all examples have a significant detrimental impact on of development which could create air quality, including the exacerbation a nuisance, pollution or hazard. In any of existing air quality issues, must provide circumstances where development of this appropriate mitigation measures. kind is, on balance, considered acceptable by the appropriate authorities, satisfactory Policy P5 Digital infrastructure steps must be taken to mitigate any residual negative development impacts. We will support development that provides digital infrastructure to homes and In determining planning applications for businesses, subject to it complying with the development within the consultation zones other policies in this plan. for hazardous installations (including oil and gas pipelines) we will consult with, and take In considering proposals for full account of advice from, the Health and telecommunications equipment, we will Safety Executive (HSE) and the facility’s take into account the extent to which owners and operators, and will seek to the development involves mast or site ensure that any risk to public safety is not sharing; installation on buildings or other increased. Prospective applicants should existing structures; the installation of the check whether their proposed development smallest suitable equipment to meet the is within the consultation zone of a major technological requirements; concealing hazard site or a major accident hazard or disguising masts, antennas, equipment pipeline, and should seek further advice if housing and cable runs through design this is the case. This confirmation and advice or camouflage techniques; or whether it can be obtained from the HSE Planning involves the installation of a new ground- Advice Web App at www.hse.gov.uk/ based mast. landuseplanning/developers.htm or from the Council’s Development Management Team. Applications will be required to be Planning permission may be refused for accompanied by a range of additional potentially hazardous developments, information including: an explanation of or for other forms of development in how the proposed equipment fits into the close proximity to existing hazardous wider network; a description of the siting developments, in the event that insufficient and design options explored and the information has been submitted to reason for the chosen solution; details of the demonstrate the impacts or where the design, including height, materials and all impacts are unclear or unknown. components of the proposals; a landscaping and screen planting plan (if appropriate); We will not allow development on land that and an assessment of the cumulative effects is known or suspected to be contaminated of the development in combination with unless appropriate site investigations have existing equipment in the area. been undertaken to identify any actual or possible risk to public health or the Where necessary the application should be environment (including possible pollution accompanied by a declaration that the of the water environment), and effective equipment and installation is designed in full remedial actions are proposed to ensure compliance with the appropriate guidelines the site is made suitable for its new use. of the International Commission on Non- Where site conditions are appropriate, Ionising Radiation Protection on public consideration should be given to both exposure to radiofrequency radiation. radioactive and non-radioactive sources of contamination. Both the site investigations Policy P6 Community infrastructure and any remedial actions should be proportionate to the scale and nature of We will support the provision of new the proposed development, and be in community infrastructure which is in accordance with Planning Advice Note 33: accessible locations within settlements Development of Contaminated Land and and available to all community residents. the advice of the Council’s Infrastructure There may be circumstances (for example, Services (Contaminated Land) section. if development is taking place on land

– 49 – protected by Policy PR1) where we will seek Where existing community infrastructure to ensure through an appropriate legal within settlements has become surplus agreement that the new infrastructure is to requirements, due to new or updated available to all members of the community facilities being provided elsewhere, we for a reasonable amount of time on a will approve proposals for its re-use or regular basis. redevelopment subject to compliance with other policies in the plan. LSDPRINCIPLES

E 01 CNNECTE

ISTINCT 02

SAFE 03 PEASANT

RESRCE EFFICIENT 04

05 ECING

AAPTABE 06

– 50 – SECTION 15

NATURAL HERITAGE AND LANDSCAPE

– 51 –

– 52 – NATURAL HERITAGE AND LANDSCAPE

The Nature Conservation (Scotland) Act 2004 gives all public organisations a duty to help protect the diversity of living organisms and biodiversity through direct action, educating others and raising awareness. We also support the approach set out in the European Landscape Convention (2000), which encourages sustainable management, protection and improving all landscapes.

The following policies will make sure we meet Policy E1 Natural heritage our duties and responsibilities when making decisions on planning applications. They Nature conservation sites will make sure that we improve and protect We will not allow new development Aberdeenshire’s natural environment and where it may have an adverse effect on landscape, and contribute to Aberdeenshire a nature conservation site designated for being a successful, sustainable, natural its biodiversity or geodiversity importance, place where natural systems are able to except where the following circumstances recover from the effects on them. apply.

We continue to be concerned about the In the case of an internationally designated loss of, or damage to, landscapes, habitats nature conservation site, we will not allow and biodiversity due to construction, development which may have an adverse quarrying and environmental engineering effect on its integrity, except where there for controlling floods. Research continues are imperative reasons of overriding public into the effects of planning how land should importance and there is no alternative be used on the rates of decline of species solution. In all cases, suitable compensatory and habitats, and planning decisions have measures must be implemented. to take this uncertainty into account. For nationally designated sites a thorough Where development is likely to have assessment must demonstrate that the significant effects on the environment an objectives of designation and the overall “Environmental Impact Assessment” (EIA) integrity of the site will not be compromised, will be required. Further information on or that any significant adverse effects on screening and scoping provisions is available the qualities for which the site has been in the EIA Regulations and Circular 3/2011. designated are clearly outweighed by social, environmental or economic benefits In all cases when there is uncertainty of national importance. In all cases, any regarding the impact of development impacts must be suitably mitigated. but there are good scientific grounds that significant irreversible damage could occur, For other recognised nature conservation the precautionary principle will apply. The sites (such as Local Nature Conservation developer should modify the development Sites, nature reserves, designated wetlands, to eliminate the risk of irreversible damage. woodland in the Scottish Natural Heritage Ancient Woodland Inventory and the

– 53 – Native Woodland Survey of Scotland) the Directive, species listed in Annex II of the EC proposal’s public benefits must clearly Habitats Directive, species listed in Annexes outweigh the nature conservation value of I and II of the EC Birds Directive, habitats or the site. In all cases, impacts must be suitably species on the Scottish Biodiversity List, Local mitigated and, for any proposals involving Biodiversity Action Plan priority habitats/ the removal of woodland, the Scottish species, other species of importance Government Control of Woodland Removal to biodiversity, areas of importance to Policy will apply. geodiversity, or semi-natural habitats, we will only approve it when a baseline We, along with others with an interest, ecological survey has been carried out; including Scottish Natural Heritage, Royal the development has been designed to Society for the Protection of Birds, Scottish avoid impacts where possible; and, where Wildlife Trust and Aberdeen University, impacts cannot reasonably be avoided, an have identified about 100 Local Nature ecological or geological management plan Conservation Sites which are introduced demonstrates public benefits that outweigh by this plan. These replace a previous the ecological or geological value of the local designation of Sites of Interest to site. Development will not be allowed if it Natural Science and are also shown fragments habitats or is not designed to on the proposals map and in detail in minimise any adverse impact on the sites supplementary guidance “Local Nature environmental quality, ecological status or Conservation Sites”. viability.

Protected species Policy P1 also says that all developments should identify measures that will be Development should seek to avoid any taken to improve biodiversity and detrimental impact on protected species geodiversity in proportion to the potential through the carrying out of surveys and opportunities available and the scale of the submission of protection plans describing development. appropriate mitigation where necessary. Development likely to have a detrimental impact on protected species will not be Policy E2 Landscape approved unless: for European Protected We will refuse development that causes Species, a thorough assessment of the site unacceptable effects through its has demonstrated that the development is scale, location or design on key natural required for imperative reasons of overriding landscape elements, historic features or the public interest and that the population will composition or quality of the landscape be maintained at a favourable conservation character. These impacts can be either status in its natural range; or, for non-bird alone or cumulatively with other recent species protected under the Wildlife and developments. Development should Countryside Act 1981 (as amended) or not otherwise significantly erode the the Protection of Badgers Act 1992, there characteristics of landscapes as defined will be significant social, economic or in the Landscape Character Assessments environmental benefits. In either case there produced by Scottish Natural Heritage (see must be no other satisfactory solution. www.snh.gov.uk/protecting-scotlands- nature/looking-after-landscapes/lca/) or Lists of species protected by legislation are have been identified as Special Landscape available from Scottish Natural Heritage at Areas of local importance. http://www.snh.gov.uk/. Boundaries and qualifying criteria for Special Wider biodiversity and geodiversity Landscape Areas are identified in the A baseline ecological survey should be supplementary guidance Aberdeenshire prepared for all major developments and for Special Landscape Areas. Developments smaller proposals where there is evidence to located within Special Landscape Areas will suggest that a habitat, geological feature or only be permitted if the qualifying interests species of importance may exist on the site. are not being adversely affected or effects of the development are clearly outweighed If development may affect undesignated by social, environmental or economic habitats listed in Annex I of the EC Habitats benefits of at least local importance. – 54 – Rosehearty Portsoy Macduff

Moray

Aberchirder

Turriff

Huntly

Ellon

Oldmeldrum

Inverurie Newmachar

Alford Kintore

Westhill Aberdeen City

Aboyne

Banchory

Cairngorms National Park

Stonehaven

Natural Heritage & Landscape Local Nature Conservation Sites Angus Special Areas of Conservation, Special Protected Areas & Ramsar Sites of Special 0 5 10 20 KM Copyright 2014 Esri Scientific Interest (c) Crown Copyright. OS Licence No. 0100020767 Copyright:© 2014 Esri

– 55 –

– 56 – SECTION 16

THE HISTORIC ENVIRONMENT

– 57 –

– 58 – THE HISTORIC ENVIRONMENT

Protecting and improving the historic environment is important to the distinctiveness and sense of place within Aberdeenshire. Local history helps create a clear identity for the area and strengthens connections between people and places. We recognise the importance of the historic environment to the character of the area and to the quality of life of the people who live here. We also recognise that it is an economic asset to the area. We want to maintain and strengthen our commitment to protecting and making sustainable use of the historic environment, both by putting the Aberdeenshire Historic Environment Strategy into practice and in the way we manage development (see https://www.aberdeenshire.gov.uk/media/6346/ historicenvironmentstrategy.pdf).

Policy HE1 Protecting historic buildings, of a social or economic nature, and there sites, and monuments is no alternative site. It is the developer’s responsibility to provide information on the We will protect all listed buildings nature and location of the archaeological contained on the statutory list of Buildings features prior to determination of the of Special Architectural or Historic Interest planning application and either mitigate for Aberdeenshire, archaeological sites impacts or, where preservation of the and scheduled monuments. We will site in its original location is not possible, encourage their protection, maintenance, arrange for the full excavation and enhancement, appropriate active use and recording of the site in advance of conservation. development. We will not allow development that would have a negative effect on the character, Policy HE2 Protecting historic and cultural integrity or setting of listed buildings, areas or scheduled monuments, or other We will not allow development, including archaeological sites. change of use or demolition, that would not preserve or enhance the character or Alterations to listed buildings will only be appearance of a conservation area. This permitted if they are of the highest quality, applies both to developments within the and respect the original structure in terms of conservation area and proposals outwith setting, scale, design and materials. that would affect its setting.

Development on nationally or locally The design, scale, layout, siting and materials important monuments or archaeological used in development within a conservation sites, or on their setting, will only be area must be of the highest quality and allowed if there are imperative reasons of respect the individual characteristics overriding public interest, including those for which the conservation area was

– 59 – designated. All details must be provided Evidence that all other possibilities of funding under the cover of a full application and to secure the conservation and reuse of the any trees contributing to the setting should building must have been exhausted and the be retained. Appendix 6 provides details on property offered to another group, such as the controls provided by the 38 conservation the North East Building Preservation Trust, or areas in Aberdeenshire. placed on the open market for sale for a 12 month period. Development on or outwith a battlefield, designated historic garden or designed The amount of enabling development landscape will only be permitted if the sought must be the minimum required to proposal would not have an adverse achieve a sympathetic re-use. Any enabling impact that compromises the objectives development should be undertaken of the designation or the overall integrity, at a suitable location which, although character and setting of the designated unallocated otherwise satisfies all other area, or any significant adverse effects relevant policies of the plan. The enabling are outweighed by long-term social or development is required to be developed economic benefits of overriding public in full by the applicant and not sold on to importance and there is no alternative ensure that the full development profit from site for the development. In either case, the sites is factored into conserving the measures and mitigation must be taken building. to conserve and enhance the essential characteristics of the site as appropriate.

Policy HE3 Helping to reuse listed buildings at risk We will approve development on unallocated sites to provide finance for works to secure the long-term future of and reuse of a building that is listed and on the buildings at risk register (referred to below as enabling development). In exceptional cases, this policy could be applied to a vernacular building agreed to be exceptionally worthy of conservation and reuse and which has been proven to be seriously at risk of imminent collapse or further decay. The wider public benefits of securing the conservation and reuse of the building through enabling development must significantly outweigh any disadvantages of allowing the development.

– 60 – Rosehearty Fraserburgh Portsoy A98 Macduff

Banff

A98 Moray

Aberchirder

Turriff

A952 Peterhead

Huntly

Ellon

Oldmeldrum

Inverurie

Newmachar A90

AWPR Alford Kintore A90

A96

Westhill Aberdeen City

Aboyne A90

Banchory A93

AWPR

Cairngorms National Park

Stonehaven

Valuing Historic

Angus Environment Scheduled Monuments A90 ± A92 Conservation Areas DesignedLandscapes 0 5 10 20 KM Copyright 2014 Esri Battlefields (c) Crown Copyright. OS Licence No. 0100020767 Copyright:© 2014 Esri

– 61 –

– 62 – SECTION 17

PROTECTING RESOURCES

– 63 –

– 64 – PROTECTING RESOURCES

Conserving natural resources is a major factor in sustainable development. These policies make sure that we do not lose opportunities for future generations. At the same time we are promoting sustainable economic development by making sure that we keep hold of major land resources which are needed for specific uses, and that we do not lose them to other types of development. This will guide the development industry to the most appropriate areas for large developments. This will also give local communities elsewhere some reassurance that they will not be living next to these developments.

Policy PR1 Protecting important resources Local Biodiversity Action Plan. Opportunities for the creation, enhancement and We will not approve developments that management of habitats should be have a negative effect on important embraced so as to contribute to the environmental resources associated with improvement of the ecological status of the the water environment, important mineral water body. Any aquatic engineering works deposits, prime agricultural land, peat and must be capable of being consented under other carbon rich soils, open space, and Controlled Activities Regulations. Adequate important trees and woodland. In all cases buffer strips should be provided to allow for development which impacts on any of these maintenance all year round. features will only be permitted when public economic or social benefits clearly outweigh Groundwater dependent terrestrial the value of the site to the local community, ecosystems (GWDTE), which are types of and there are no reasonable alternative wetland, are specifically protected under sites. the Water Framework Directive. Phase 1 Habitat surveys should be used to identify New development, including aquatic if wetlands are present. If present, then engineering works, which will generate the more detailed National Vegetation discharges or other impacts on existing Classification survey should be completed to water bodies, or which could affect the identify if GWDTE are present. If GWDTE are water quality, quantity, flow rate, ecological present, the developer should avoid them status, riparian habitat, protected species (with a buffer), or further assessment and or flood plains of water bodies (including appropriate mitigation will be required. their catchment area) must not prejudice water quality or flow rates, or their ability to achieve or maintain good ecological status. Prime agricultural land, as defined as classes Any such developments must contribute to 1, 2 and 3.1 of the Soil Survey for Scotland, the objectives set against the relevant water Land Capability for Agriculture series, bodies through the river basin management should not normally be developed unless process as well as the relevant freshwater it is allocated in the local development objectives and targets within the North East plan. For clarity, time-limited proposals for renewable energy generation or mineral

– 65 – extraction may be acceptable on prime We identify important mineral safeguarded agricultural land providing the site will be sites where other types of development restored and returned to its original status. In should not generally be allowed, and wider addition, small-scale development proposals areas of search where mineral resources that are directly linked to a rural business should not be sterilised by inappropriate may be permissible where they are located developments. Major non-minerals on prime agricultural land. developments will be permitted in the areas of search if an opportunity is given for the Development will not normally be permitted extraction of mineral resources before the on areas of open space, including outdoor development commences. On safeguarded sports facilities, unless the new use is ancillary sites non-mineral developments will be to the use as open space. Important refused unless they are small-scale and areas of open space are identified as ancillary to existing uses, or of a temporary “protected land” within the settlement nature. Safeguarded sites and areas of statements. Exceptionally, the development search are identified on theproposals map of essential community infrastructure may and detailed in supplementary guidance be allowed if it will not result in a deficit of Areas safeguarded or identified as areas of open space of the type affected within search for minerals development. the settlement, as evidenced by the Open Space Audit, or prejudice the continuity of Policy PR2 Protecting important a green network. Where loss of open space development sites occurs as the result of a new development then replacement must be made of an We will protect and not allow alternative appropriate type, quantity, accessibility and development on sites that may reasonably quality within the settlement. be needed in the future for:

Development resulting in the loss of, or • delivering improvements to serious damage to, trees and woodlands transportation including projects of significant ecological, recreational, identified in the settlement statements, historical, landscape or shelter value will not the Local or Regional Transport Strategy, normally be permitted. In order to determine or the Strategic Transport Projects whether there are significant public benefits Review, routes recognised in the Core that would outweigh any loss or damage to Paths plan network, closed railways and trees and woodlands, the developer must their abutments, embankments and submit an evaluation of the biodiversity cuttings, existing airports and airfields and operational areas of ports and harbours. and amenity value of the woodland and habitat, including both its current • generating and providing energy; and potential future benefits. Where • waste management facilities; development is considered appropriate, • education facilities; damage to existing trees must be minimised • other community infrastructure; and and there must be no unnecessary fragmentation of existing or potential • sites to support the national woodlands networks. Compensatory developments identified in National planting must also be undertaken to an Planning Framework (see http://www. agreed standard in order to mitigate the gov.scot/Publications/2014/06/3539/7). impact of the removal on landscape, sequestered carbon, character, amenity National developments that directly affect and ecological diversity. the area covered by this plan include proposals for contribution to capturing We will support opportunities for new and storing carbon and making use of woodland creation and/ or enhancement, heat generation, specifically at Peterhead in line with the Aberdeenshire Forest and power station but also at other locations Woodland Strategy to be published as associated with the pipeline from the central supplementary guidance to provide a focus belt to St Fergus, and high-voltage electricity for new planting, restocking, enhancement transmission infrastructure, including cabling, and management of woodlands. substations, and converter stations, again at a range of locations but expected to

– 66 – include sites associated with the electricity and utilise the best available techniques. In substation south of Peterhead. addition, consideration should be given to the anticipated waste operational capacity Where we know about the above, we have need, including the Scottish Government identified them in the relevant settlement waste capacity tables, to deliver Zero Waste statements. Plan targets.

Policy PR3 Waste facilities Waste developments proposals must be supported by sufficient information to make Where possible and appropriate, we will a full assessment of the likely effects of approve waste management facilities the development together with proposals on land currently used as a waste for appropriate control, mitigation and management or treatment facility, sites next monitoring. Design documents will be to existing waste management facilities, required to support the application, as will land allocated for employment (including details of land restoration, aftercare and industrial, storage and distribution uses) and after-use (including submission of bonds). mixed use development in the plan (subject to compliance with other plan policies), or We will not approve any inappropriate sites reserved in the settlement statements neighbouring developments that may for this use. Waste management facilities compromise waste handling operations at must conform to the Zero Waste Plan, an existing waste management site. minimise the transport of waste from source,

– 67 – Rosehearty Fraserburgh Portsoy A98 Macduff

Banff

A98 Moray

Aberchirder

Turriff

A952 Peterhead

Huntly

Ellon

Oldmeldrum

Inverurie

Newmachar A90

AWPR Alford Kintore A90

A96

Westhill Aberdeen City

Aboyne A90

Banchory A93

AWPR

Cairngorms National Park

Stonehaven

Safeguarding Resources

¨ Future Waste Facility

Minerals Area of Search

Angus Minerals Safeguarding Transport Safeguard Areas A90 Prime Agricultural Land ± A92 Ancient Woodland 0 5 10 20 KM Copyright 2014 Esri Woodland Cover (c) Crown Copyright. OS Licence No. 0100020767 Copyright:© 2014 Esri

– 68 – SECTION 18

CLIMATE CHANGE

– 69 –

– 70 – CLIMATE CHANGE

Climate change is possibly the greatest challenge facing the world today. Scottish Planning Policy favours development that contributes to sustainable development and policies and decisions are needed to support action to tackle climate change and adaptation, including taking account of flood risk. For Aberdeenshire, this means reducing the use of energy (both in the distribution of development and within developments themselves), conserving water, promoting energy generation by renewable sources, sustaining existing carbon stores (such as peat and wood), and dealing with long-term flood risks.

We recognise that other strategies, such as the Local Transport Strategy will also contribute to these aims.

Policy C1 Using resources in buildings of meeting the standard in part through a district heating scheme. This should include All developments must be designed to the appropriate infrastructure in at least so reduce carbon-dioxide emissions. Proposals far as from the edge of the development should aim wherever feasible to achieve site to a location adjacent to the rising main a Gold sustainability label under section of each property for the future installation 7 of the building standards technical of metered heat. In areas not served by gas handbook and by 2019 a platinum label. consideration should be given to alternative Appropriate standards for water efficiency technologies such as hot rock geothermal or to achieve both environmental protection biomass sources. (particularly to avoid any adverse effect on the interest of the River Dee Special Area of Conservation) and to reduce energy costs If it is clearly demonstrated that no should also be applied. For water efficiency suitable low and zero carbon generating a Gold Sustainability level would apply and technologies are appropriate, the full a BREEAM level 5 standard for non-domestic carbon reduction requirement must be buildings. Limited exceptions may apply achieved through energy efficiency but all proposals must at least meet the measures. Alterations, extensions, changes standards established through the current of use or conversion of existing buildings, building regulations.* development of ancillary buildings of less than 50 square meters, or buildings heated solely to provide frost protection are exempt A target increasing over time in the range from these requirements. Buildings with an 15-30% of the CO reduction should be 2 intended life of less than 2 years are also achieved through installing low or zero exempted from the requirements of this carbon generating technologies in new policy. development will be applied.

An Energy Statement should be submitted The masterplanning process for major new at the planning application stage development should assess the feasibility

– 71 – to demonstrate how the proposed established routes used for public walking, development will satisfy the requirements of riding or cycling should also be avoided. this policy. Suspensive conditions may also be used to deliver this policy to avoid any We will approve applications for solar panel unnecessary delays in processing planning arrays greater than 50kW if their cumulative applications. impact with other arrays has been assessed and can be dismissed, account has been * The Council will prepare guidance on the taken of glint and glare issues and it has detail of this policy specifically the standards been demonstrated that any significant that would apply and where exceptions impacts will have a duration of less than might be made including to take account of five minutes in any one day, there are no financial viability. The guidance would also objections from the Ministry of Defence, the set out the circumstances and timescales in National Air Traffic Services or civil airport applying an increase in the target for low or operators, and boundary treatments limit zero carbon generating technologies and vehicular access to the site through means the parameters for assessing the feasibility designed to make any security fencing of district heating schemes in major unobtrusive and screen the development. developments. We will approve hydro-electric schemes if Policy C2 Renewable energy they are located, sited and designed to have no individual or cumulative adverse We will support solar, wind, biomass (energy impact on the water environment. This from biological material derived from living, may be relaxed for larger schemes (annual or recently living organisms) and hydro- output equal to or greater than 0.35 electricity developments which are in gigawatt hours) if the deterioration can appropriate sites and of the right design. be justified on the basis of wider social or We treat biomass schemes as industrial economic benefits, or impacts on other processes suitable for business land. users of the water environment. In all cases mitigation will be required to protect river We will approve wind energy developments flow, river continuity for fish and provide for in appropriate locations taking into account sediment transfer, and otherwise comply the spatial framework mapping on page 74. with the “Guidance for developers of run- The more detailed guidance set out in the of-river hydro-power schemes” published Strategic Landscape Capacity Assessment by SEPA. for wind turbines and the associated mapping on page 74 under the heading Other renewable energy developments are Additional Locational Guidance is also a required to relate well to the source of the relevant consideration. The areas shown renewable energy required for operation in orange hatching have been assessed and satisfactory steps must be taken to as having strategic capacity for turbines mitigate any negative impacts on occupiers over 15 metres when local landscape of nearby properties considerations are taken into account. In all cases, conditions, bonds, or other All windfarms must be appropriately sited legal agreements may be imposed to and designed and avoid unacceptable remove visible renewable energy structures environmental effects taking into account whenever the consent expires or the project the cumulative effects of existing and ceases to operate for a specified period. consented wind turbines. Turbines must not compromise health and safety or adversely Policy C3 Carbon sinks and stores affect aircraft or airfields (including radar and air traffic control systems, flight paths We will protect carbon sinks and stores, such and ministry of defence low flying areas) as woodland and high-carbon peat rich and/or telecommunications. Unacceptable soils (defined by Scottish Natural Heritage’s significant adverse effects on the amenity Carbon and Peatland map 2016 as Class 1 of dwelling houses or tourism and recreation and 2, and greater than 0.5m depth), from interests including core paths and other disturbance or destruction. Development

– 72 – proposals that may result in the loss of or The location is essential for operational disturbance to peat will only be permitted reasons for example for water based if tools such as the “Carbon Calculator” navigation, agriculture, transport or utilities demonstrate that the development will, infrastructure and an alternative lower risk within its lifetime, have no net effect on CO2. location is not available. Removal of woodland will only be permitted if an equal area is replanted, preferably as If development is to be permitted on land part of the open space requirement and as assessed as at a medium to high risk of part of the green network in the settlement, flooding it should be designed to be flood so as to maintain the carbon balance. resilient and use construction methods to assist in the evacuation of people and We support the development of carbon minimise damage. It must not result in capture and storage developments, increased severity of flood risk elsewhere including proposals for woodland that can through altering flood storage capacity or store carbon for long periods of time. In line the pattern and flow of flood waters. with the national planning framework, we also support the development of carbon Maintenance buffer strips must also be networks aimed at storing CO in offshore oil 2 provided for any water body. These and gas fields, especially around Peterhead measures may also be required in areas and the gas fired power station. of potentially lower risk of flooding (annual probability of more than 1:1000 years) or in Policy C4 Flooding coastal areas below the 10 metre contour should local evidence demonstrate a Flood risk assessments will be required heightened risk. for development in the medium to high category of flood risk of 0.5%-10% annual probability (1 in 200 years to 1:10 years). In such areas land raising and/ or Assessment may also be required in areas excavations will only be permitted if it is for of lower annual probability (0.25-0.5%) in a flood alleviation measure, it is linked to circumstances where other factors indicate the provision and maintenance of direct a potentially heightened risk. Assessment or indirect compensatory flood water should include an allowance for climate storage to replace the lost capacity of the change and freeboard. Development functional flood plain, and it will not create should avoid areas of medium to high any inaccessible islands of development risk, functional floodplain or other areas during flood events or result in the need for where the risks are otherwise assessed as flood prevention measures elsewhere. heightened or unacceptable except where: We will not approve development that may • It is a development to effect flooding or contribute to flooding issues elsewhere. erosion. Sustainable Urban Drainage principles apply to all sites. • It is consistent with the flood storage function of a floodplain. • It would otherwise be unaffected by flooding (such as a play area or car park). • It is essential infrastructure.

– 73 – Fraserburgh A98 Banff

A98

Moray

Turriff

A952 Peterhead

Huntly

Ellon

Inverurie

A90

AWPR

A90

A96

Climate Change Aberdeen City A Low Carbon Place National development sites - NRIP, Carbon capture & HV Transmission infrastructure A93 A90 Low Carbon Heat Supply /" Sources (http://heatmap. Banchory

AWPR scotland.gov.uk/) Cairngorms National Park Hot rock geothermal opportunities

Spatial Framework for Wind Energy Stonehaven Group 1 Areas where windfarms will not be acceptable: National Parks & National Scenic Areas Group 2 Areas of significant protection: National or international designations & other important mapped environmental interests Group 2 Areas of significant protection: Areas not exceeding 2km around settlement envelopes or Angus edges

A90 Group 3 Areas with potential A92 subject to detailed consideration ± Local Landscape Guidance Areas with strategic 0 5 10 20 KM landscape capacity for Copyright 2014 Esri wind turbine development (c) Crown Copyright. OS Licence No. 0100020767 Copyright:© 2014 Esri

– 74 – SECTION 19

THE RESPONSIBILITIES OF DEVELOPERS

– 75 –

– 76 – RESPONSIBILITIES OF DEVELOPERS

Development needs important infrastructure to function and we must have the power to refuse planning permission for development sites which fail to deal with these needs. We expect developers to overcome these obstacles so we can grant planning permission.

They must do this by: available) or deliver major improvements to public transport services, in scale with the development. • providing on-site facilities to serve the reasonable expectations of the people who will be living in or using the buildings; All developments must include provision and for access by wheelchair users, people with sensory disabilities, the elderly, those • providing or improving off-site facilities, accompanied by small children and other if the existing facilities will be placed less mobile groups. As appropriate, safe and under extra pressure that results in extra convenient access should also be provided requirements or the development has a for service, delivery and other goods negative effect on what is there. vehicles required by the development.

In some cases advance provision of the necessary infrastructure may be required When development requires the formation to facilitate planned development. of new accesses, these should be designed Subsequent developments which would to an agreed standard, and must be also rely on this provision would then be resource-efficient, safe and convenient for expected to contribute on a proportionate cyclists, pedestrians and public transport. basis. This approach will be further detailed New accesses must also cause minimal through Supplementary Guidance and the impact on the character of the site Action Programme. and surrounding area and satisfactory arrangements for future maintenance of these access facilities should also be made. Policy RD1 Providing suitable services

We will only allow development that Any new private access onto a public road provides adequate road, waste- must be designed to the satisfaction of management, water or waste water Aberdeenshire Council’s Road Development facilities, connections and treatment as department and, in the case of a trunk road, appropriate. Transport Scotland.

Access to new development Developers should be aware of the need We will support new development if it is for Roads Construction Consent in most well related to existing developments, instances. A Transport Assessment may be is in accordance with the national asked for to show that the development policy “Designing Streets” and does not (and any proposed mitigation measures) create an impermeable barrier to further will not have significant transport impacts on development. Development must be existing transport infrastructure and services. close to existing public transport services (if

– 77 – Water and waste water Development should comply with SEPA’s We will support development when the policy and supporting guidance on the developer satisfactorily meets the required provision of Waste Water Drainage in standards for water, waste water and Settlements. surface water drainage servicing in the new development. These standards are set out Surface water drainage must be dealt with below. in a sustainable manner and in ways that avoid pollution and flooding, through the All new developments must be served use of an integrated Sustainable Drainage satisfactorily either by a mains water supply System. or by a private water supply if the developer is able to show that the private water supply A Pre-Development Enquiry or other forms of is adequate (including potable water where investigation may be necessary to identify necessary). It will be the responsibility of the the impacts of development on current developer to demonstrate that any new infrastructure. This would involve Scottish supply is adequate to serve the proposed Water and will be the responsibility of the development and that, for domestic use, it developer. These are likely to be required is safe to be consumed as drinking water. for all non-domestic developments and Groundwater abstractions must comply with residential developments of 10 houses or Scottish Environment Protection Agency more. policies and guidelines. Waste management requirements Development must connect to existing We will support new development if the public drainage infrastructure or plan application has agreed a Site Waste to connect to a committed future Management Plan with Aberdeenshire public drainage infrastructure, where Council which contributes to the Zero there is sufficient capacity to allow that Waste Plan through minimisation, re-use, development to happen. recycling and composting of all wastes during construction and operational phases Where a connection to the public of the development. It must also show how drainage infrastructure is demonstrated any remaining wastes will be disposed of. to be unfeasible, connection to a private Adequate space must also be provided drainage infrastructure can be supported, if within the development to allow efficient it is demonstrated satisfactorily that disposal and effective separation, storage and of sewage can be achieved without collection of all waste generated. The area negative impacts on public health, amenity and requirements for this space is set out in or the environment and where cost and appendix 7 for varying development types. practicability show it to be a reasonable alternative. Appropriate supporting Policy RD2 Developers’ obligations evidence should be provided to support using a private drainage infrastructure. Contributions will be sought towards the Planning permission may be granted provision of the necessary infrastructure. on the condition that private drainage Contributions must fairly and reasonably infrastructure may be used temporarily relate in scale to the proposed development with the requirement to connect to public and will be needed to make the proposed drainage infrastructure when it becomes development acceptable in planning terms, available. all in line with the policy tests contained in Circular 3/2012. Proportionate contributions Scottish Water and the Scottish Environment are required to address any identified Protection Agency are key consultees individual or cumulative impacts on local regarding water and waste water facilities as well as any wider impacts of the infrastructure and should be approached development (for instance on the regional at an early stage to establish what capacity transport network or in the high school may be available or if the provision of catchment area) as detailed below and in new capacity can be made available. the settlement statements.

– 78 – This advice takes no account of in the settlement statements. All new development on sites not identified in development within a settlement will the plan which may result in a need for contribute to any identified need. infrastructure which is not expected at this time. We provide further guidance on Open space and access developer obligations in the settlement statements. We have prepared In very rare circumstances, when it supplementary guidance “Developer is not practical to meet the open Obligations: Methods for Calculation” to space obligations within the plan on show how we work out the exact levels of the development site, we will ask for developer obligations. contributions elsewhere in the settlement towards those items identified in the Open Space Audit as being locally lacking or to If we know the specific location of new improve the main path network in the local infrastructure, this has been shown on the area as shown in the Core Path Plan (see proposals maps and in the settlement https://www.aberdeenshire.gov.uk/paths- statements in the form of reserved sites. and-outdoor-access/core-paths-plan/).

Our Action Programme provides information Primary education on phasing developments in terms of infrastructure needs, and we will give details We will need contributions to deal with of those needs as we identify them in the not having enough school places for an masterplanning process. increase in the number of school pupils likely to result from new residential developments. We give details in the settlement statements. In all cases we will review the need for All new housing developments within and scale of any contribution in the light a primary school catchment area will of circumstances at the time the planning contribute to any identified need. application is made.

Secondary education Early discussion should take place between us, developers and the relevant authorities We will also need contributions if the to make sure that investment in necessary education authority expects there not to new infrastructure is dealt with in a timely be enough places to fully accommodate way. pupils expected as a result of proposed development, as shown in appendix 8 (the settlement statements). Transport We need contributions to make Community facilities transportation improvements as shown in appendix 8 (the settlement statements) We will need contributions to deal with the and in the Action Programme. These will effects of a development on communities include work on the trunk road network where a specific shortfall is identified and in Aberdeen City. The approach and extra development will make this to delivering identified projects and to situation worse. We give details of this in establishing a strategic transport fund is to the settlement statements. Community be detailed in the Aberdeen City and Shire facilities are generally public assets such Strategic Development Plan supplementary as halls, libraries, or sports facilities. For guidance. This could also include larger developments providing the land for improvements to rail infrastructure. building these facilities is commonly needed as well as a proportionate contribution to the construction costs. We give details in the Local transportation infrastructure settlement statements. We will need contributions to fully tackle the effect of individual developments. We may also need contributions if more than Waste and recycling one development affects transportation We will need contributions for facilities in infrastructure. We provide details of this line with waste-management thresholds for

– 79 – types and sizes of development, as shown in be required. Whilst it may be appropriate appendix 7, and the settlement statements. to seek contributions for such provision any In some cases this will involve the developer requirement would need to be considered fully accommodating waste facilities on on a case by case basis. their site. Other off-site contributions Health facilities In exceptional circumstances, we may The Council recognises that the scale of also need off-site contributions towards proposed development may also impact affordable housing needs and public open on other infrastructure including health space, as set out in Policy H2 Affordable facilities. The settlement statements provide housing (and its associated supplementary information on where such provision may guidance) and Policy P2 Open space and access in new development.

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