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Highland-Wide Local Development Plan

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Highland-Wide Local Development Plan Highland wide Local Development Plan Summary of Issues and Recommended Responses Issue (heading): Access to the Outdoors Relevant Main Issues A Healthier Highland Report heading: Body or person(s) submitting a representation raising the issue (reference no.): The Mountaineering Council of Scotland (2), Duncan MacDonald (17),Juliet Robinson (34), J Mayhew (50), Nairn River Community Council (51), The Highland Council (70), Kurt Larson (95), Amy MacDonald (102), Avoch & Killen Community Council (103), Kinlochbervie Community Council (112), Scottish Natural Heritage (118), Westhill Community Council (147). Glenurquhart Community Council (174) Maria de la Torre (196), Anne Thomas (197), Fortrose & Rosemarkie Community Council (203), Strathdearn Community Council (205), Ken Nicol (215), Kincraig & Vicinity Community Council (225), Ardross Community Council (236), Helen Campbell (301), Diane Hawksey (317), Brenda Steele (319), SportScotland (320) Intended impact on approved Replace development plan “general” policies Structure Plan SR5, SR6, SR7 Drop Structure Plan SR7 Council’s summary of the representation(s): • Should reflect the important of access on and off paths. Issues with safeguarding access rights • Increase long and short distance cycle paths • Need to Develop long distance routes North of Inverness • Developers must take account of access to the outdoors not just be encouraged. • Local consultation on routes of paths is key. • Could reasonable charges be considered for use of areas such as forestry commission land. • Need for sufficient access for people to come into contact with natural, built and cultural heritage. • Making wild land legally inaccessible would be detrimental to recreation and tourism. • Management of access during and after construction of onshore wind turbines is important. • Suggest the use of the word ensure rather than encourage. • Do not infringe on landowners rights to privacy. Encourage development of more bike routes. • Education on the use of the countryside and peoples interaction with it is needed. • Need to protect all paths not just the ones in the core path network. • Any paths which go through people’s gardens should not be core paths • Improvement of paths using developer contributions. • Access strategy as S.G. encourage developers take account of access when developments are coming forward. • Creation of more “safer routes to school” • Responsible access is important to promote but should consider the needs of users of the land such as farmers. Highland wide Local Development Plan Summary of Issues and Recommended Responses • Access to the outdoors must be a requirement for all new developments. • Provision of new cycle tracks linked to suitable routes. • Education on use of wider access is necessary. • Ensure access opportunities are not limited by renewable energy developments • Lack of funding may limit opportunity to retain and develop the core path network. • Core Path Plans should not be static, need to develop with communities needs. • An off road path network for rural areas linking key meeting places should be in place. • Need to protect areas from too much development and ensure access to larger settlements is available. • Need to clarify if landowners need liability insurance if people accessing their land. • Maintenance of paths should be addressed. • Need to support local community initiatives. • Support position of SPP refuse if negative impact on access. • Clarity needed on approach and strong policy on access rights. Policy sought by those submitting representations: • Creation of new cycle ways and footpaths throughout Highland. • Strong policy on protection of access rights. • Developer Contributions – access to outdoors covered in this section • Maintenance of Paths • Protection of landowners rights • Encouragement of active travel between places. • Standard condition for safeguarding of access rights as alluded to in the Land Reform (Scotland) Act. • Recognition that all types of access are equal. Summary of response (including reasons) by planning authority Creation of new cycleways and footpaths throughout Highland The Core Path Plans produced by the Council detail the existing paths in the area and together. The Core Path Plans will be adopted as supplementary guidance to the Highland wide Local Development Plan. Through community consultation on these the Council have identified aspirational routes. Aspirational paths need to be deliverable, therefore a mechanism for delivery will be developed and included in the Highland wide Local Development Plan. Strong Policy on the Protection of Access Rights The Land Reform (Scotland) Act 2003 afforded responsible access rights to all and also protects these rights. In the spirit of the Modernised Planning System we do not believe it is necessary to repeat this legislation in the Local Development Plan. However, the Local Development Plan will support the provisions of the Highland Access Strategy 2008-2011 and the Core Path Plans through adoption as supplementary guidance both documents were brought forward under the provisions of the Land Reform (Scotland) Act 2003. Reference to the benefits of the Land Reform (Scotland) Act 2003 will be referenced in the supporting text of any policy on access. Maintenance of Paths The Land Reform (Scotland) Act 2003 does not place any statutory duty on the Council to maintain paths which have been identified as Core Paths. However, where Highland wide Local Development Plan Summary of Issues and Recommended Responses appropriate and where resources are available the Council will carry out maintenance to paths in its control. Protection of landowners rights Under the Land Reform (Scotland) Act 2003 the Council has a duty to uphold access rights and protect right of ways. Through consultation on the Core Path Plans across Highland, landowner rights have been taken into consideration and where new paths are likely to be formed consultation will be held and discussed with landowners. The Act does not give people the right to walk over garden ground within the curtilage of a house, and therefore the Act recognises landowner rights to privacy and because of this The Council do not believe a specific policy is needed on protection of landowners rights as it is adequately covered by the Act. Encouragement of Active Travel Between Places Through our approach to accessibility and transport we will be actively encouraging developers to consider active travel between places through linkages to the core path network and through the creation of more accessible places for active travel. Standard condition for safeguarding of access rights as alluded to in the Land Reform (Scotland) Act The Council are currently working toward a new set of Standard Conditions. A standard condition(s) for access will be included in this. These will be published as a separate document on the Highland Council’s website and not included in the Plan. Recognition that all types of access are equal The Land Reform (Scotland) Act 2003 sets the context for access to the outdoors and recognises that all forms of access are equal. The Council believe that this adequately covers this point and therefore do not intend to include this in the Plan. Recommended Proposed Plan Policy Content Policy - Green Networks Policy - Open Space Policy - Playing Fields and Sports Pitches Policy - Public Access Policy - Long Distance Routes Policy - Travel Links to Related Supplementary Guidance See Committee Draft papers for wording. Highland wide Local Development Plan Summary of Issues and Recommended Responses Issue (heading): Affordable Housing Relevant Main Issues Affordable Housing Report heading: Body or person(s) submitting a representation raising the issue (reference no.): Marie Cruickshank (14), Irene Brandt (18), Graham & Sibbald - Derek Mackenzie (35), Mrs J Mayhew (50), Brian Lynch (54), Lochardil & Drummond Community Council (56), Halliday Fraser and Munro Planning - Tulloch Homes (North) Ltd (57), Halliday Fraser Munro Planning - Deveron Highland (62), Joan Noble (67), Halliday Fraser and Munro Planning - Fairways Leisure Group Ltd (69), Paul & Helen Jenkins (74), I Wade (85), John Mackie (86), Paul Maden (88), Mrs L Mackintosh (90), Kingussie Community Council (93), Nairn Suburban Community Council (94), Kirkton Farms (106), Inverness South Community Council (107), Nairn River Community Council (109), Kinlochbervie Community Council (112), Brora Community Council (121), Mr A Manson (143), Elizabeth Budge (148), Julian Walford (155), Highlands and Islands Green Party (168), Annie Stewart (172), Scottish Council for Development and Industry (180), Peter Roberts (194), Bryden Associates - Strathdearn Community Council (205), John Martin (223), Kincraig & Vicinity Community Council (225), Michael Hutcheson & Alison Lowe (226), Strutt & Parker LLP - Balnagowan Estate (229), Graham & Sibbald - Mr & Mrs Grant (231), Ardross Community Council (236), The Highland Council (241), Robertson Homes (246), Patricia Roberts (247), John Waring (250), Eveline Waring (253), Ian Wilson (255), Roger Piercy (257), Colliers CRE - Whiteness Property Company (260), Mr and Mrs Stafford (272), Mr J Bingham (283), Scottish Wildlife Trust (285), Pete Campbell (290), Scottish Property Federation (291), Homes For Scotland (293), Mr JG Walford (300), Helen Campbell (301), Reynolds Architecture Ltd - Miss Joyce Hendry (302), Scotia Homes Limited (314), Diane Hawksey (317), Inverlochy and Torlundy Comm Council (318), Brenda Steele (319), WYG Planning
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