PE1095/G
Franck David Assistant Clerk to the Public Petitions Committee Tower 4, TG.01 The Scottish Parliament Holyrood EH99 1SP
Dear Franck David,
Public Petitions Committee response.
Further to your email of 17th December regarding your request for a response to the petition received by your committee from the Pentland Hills Regional Park.
Background information
The designation of the Pentland Hills Regional Park was confirmed until September 1986, following the outcome of a public inquiry. The designation was made under section 48(A) of the Countryside (Scotland) Act 1967 .Initially the Pentland Hills Regional Park was operated by Lothian Regional Council who prepared a Subject Local Plan to guide the Pentland Hills Regional Park policies and management.
The policies relevant to the Pentland Hills Regional Park contained within the former Lothian Regional Council’s Subject Local Plan were then incorporated into the local plans of the respective three unitary authorities. Pentland Hills Regional Park is currently covered by the City of Edinburgh Council’s Finalised Rural West Edinburgh Local Plan (2003); Midlothian Council’s Adopted Local Plan (2003) and the West Lothian Local Plan Finalised (2005).
The aim of Regional Park designation is to cover extensive areas of land, in diverse ownership, where provision for public recreation is given a higher profile by establishing a co-ordinated framework for the integrated management of recreation with traditional land use in close collaboration with local interests. National Planning Policy Guidance (NPPG) 14 (s.21) states that Regional Parks play a valuable role in providing opportunities for urban populations to gain access to attractive areas of countryside for recreation and enjoyment of the natural heritage.
The Pentland Hills Regional Park covers some 10,000 hectares of land, and although located to the immediate west of Edinburgh, straddles the local authority boundaries of the City of Edinburgh Council, Midlothian Council and West Lothian Council.
Designations:
A number if international., national and local designation are found within the Pentland Hills Regional Park.
Designation Source Category V Protected Landscape International Union for Nature All national and regional parks in Conservation Scotland are listed Regional Park Countryside (Scotland)Act 1981 Lothian Regional Council, ratified by Scottish Office PE1095/G
Site of Special Scientific Interest Wildlife and Countryside 3 sites , Balerno Common, North (Scotland) Act 1967 Esk and Logan Burn.
Area of Great Landscape Value Edinburgh Council and Lothian Regional Council Country Park Lothian Regional Council 2 Country Parks at Bonaly and Wildlife and Countryside Hillend (Scotland) Act 1967
Ancient Scheduled Monument European Convention on the Scheduled list maintained by Protection of the Archaeological Scottish Executive through Heritage, Historic Scotland. 22 monuments Ancient Monuments and listed across the park. Archaeological Areas Act 1979
Regionally Important Geological RIGs Committee 2 sites listed, Torphn Quarry and Site The Howe
The Pentland Hills Regional Park is visited by around 600,000 people annually with a constituency closer to 1,000,000 within an hour’s drive of the park. Recent extensive visitor surveys have indicated the principal purposes of visits being to enjoy the scenery, the peace, quiet and tranquil, rural character. Any deterioration in this amenity would have an impact on the quality of the visitor experience. A copy of the 2006 visitor survey is appended.
Pentland Hills Regional Park Management Structure
The City of Edinburgh Council is currently the managing authority of the Pentland Hills Regional Park under the terms of a Minute of Agreement between the three local authorities. The aims of the Pentland Hills Regional Park as set out in its designation order are:
• To retain the essential character of the hills as a place for the peaceful enjoyment of the countryside; • Caring for the hills so that the landscape and the habitat is protected and enhanced; • Within this caring framework to encourage responsible public enjoyment of the hills; • Co-ordination of these aims so that the co-exist with farming and other land uses within the Pentland Hills Regional Park.
The three local authority stakeholders, the City of Edinburgh. Midlothian and West Lothian Councils, have statutory powers and duties in relation to their constituent parts of the Pentland Hills Regional Park, in particular planning and development control and therefore they exercise significant influence over activities in the Pentland Hills Regional Park.
A Regional Park Management plan was approved by the Pentland Hills regional Park Joint Committee in November 2007. It currently awaits adoption by the 3 constituent local authorities. This plan guides the management and development of the Pentland Hills regional Park for the next 10 years. It is attached in appendix 1.
Pentland Hills Regional Park Policy Framework
All matters pertaining to any windfarm or other development proposals may be discussed by the Pentlands Hills Regional Park Joint Committee, but decisions would be the responsibility of the respective planning PE1095/G committees of the constituent local authority. A number of key local, regional and national factors provide the context for the Pentland Hills Regional Park Plan and are against which any planning application is considered.
• The Edinburgh and Lothians Structure Plan 2015:- o ENV 1 D: Regional and Local Natural and Built Environmental Interests. ENV 2 presumption against development in the green belt
• Edinburgh City Local Plan Finalised (2007):- o Policy Os 4 : Pentland Hills Regional Park.
• Rural West Edinburgh Local Plan (2003):- o Policy E9 : Pentland Hills Regional Park – Grouse Moor o Policy E10 :Pentland Hills Regional Park – Car Parks o Policy E11 : Pentland Hills Regional Park – Picnic Sites o Policy M2 : Environmental Constraints on Mineral o Extraction o Policy M7 : Renewable Energy.
• Midlothian Local Plan (2003):- o RP 15 : Regional and Country Parks o RP 17(C) : Protecting Areas from Surface Mineral o Extraction o 05 o DP5 : Advertisements o DP8: Pentland Hills Regional Park (PHP 1 to PHP 9 o inclusive).
• West Lothian Local Plan (2005):- o Policy ENV29 o Policy NWR23 o Policy NWR24.
Other relevant local authority strategies and policies pertinent to the Pentland Hills Regional Park.
City of Edinburgh, Midlothian and West Lothian Biodiversity Action Plans City of Edinburgh, Midlothian and West Lothian Access Strategies City of Edinburgh, Midlothian and West Lothian Core Path Plans.
The Pentland Hills Regional Park is a significant and valuable landscape, access and biodiversity natural asset in South East Scotland. This is recognised through the protection provided through the various designations and planning policies covering the area. There is a presumption against incompatible development and that which does not retain the essential character of the hills.
Current National strategies with key messages relevant to the future operation of the Pentland Hills Regional Park include:
• SPP21 (Green Belts) makes a strong presumption against inappropriate development.
• SPPG 15 (Planning for Rural Development) would need to consider any development in the context of its support for rural development.
PE1095/G
• National Planning Policy Guidance (NPPG) 14 - which provides relevant guidance on how the Government’s policies for the conservation and enhancement of Scotland’s natural heritage should be reflected in land use planning. NPPG 14 acknowledges that the natural heritage is enjoyed both for its intrinsic value and as a setting for open-air recreational and educational activities which depend on its qualities. NPPG 14 states that Planning authorities should seek to identify opportunities for promoting the enjoyment and understanding of the natural heritage which are compatible with its conservation. Any proposed development within the Pentland Hills regional park would need to be measured against its potential impact on the aims inherent in NPPG 14.
• The National Planning Framework for Scotland (2004) – which provides the context for all plans and strategies with a spatial dimension. The Framework recognises sustainable development and the importance of place as key drivers of change and also supports economic diversification and environmental stewardship. No strategic analysis has identified sites within the Pentland Hills Regional Park as suitable for windfarm development.
• Scottish Forestry Strategy (2006) which shares many of the above aims and includes as a key principle “Integration with other land uses and businesses” with desired outcomes including a “high quality, robust and adaptable environment”. Any windfarm or other development could potentially remove the available land for forestry expansion.
The Pentland Hills Regional Park is much valued by it constituency including farmers and landowners within the Regional Park, for its integrated and consensus seeking management approach. Any proposal for development within the Regional Park would be scrutinised against the policies set up to protect it and would need to be compatible with the aims for which the Regional Park was set up.
Any change in planning policy at a national level would need to be reflected in local plans which guide management of the Regional Park in landscape, biodiversity access and development. The Regional Park would be happy to contribute, in collaboration with colleagues in planning authorities, to a wider debate on the issues raised in the petition.
If members of the committee wish further information on any aspect of the response provide please do not hesitate to contact me.
Yours sincerely,
Carol Ritchie Pentland Hills Regional Park Manager.
Appendix 1 Pentland Hills Regional Park Plan Appendix 2 Pentland Hills Regional Park Visitor Survey Appendix 3 Biodiversity listings for the Pentland Hills Regional Park. Appendix 4 List of scheduled ancient monument in Pentland Hills Regional Park
PENTLAND HILLS REGIONAL PARK
Pentland Hills Regional Park Plan (2007-2017) Final Plan - September 2007 TABLE OF CONTENTS
1.Introduction …………………………………………………………………………………………… 1
2.The Pentland Hills Regional Park Plan Vision……………………………………………………… 5
3.The Pentland Hills Regional Park Plan Themes……………………………………………...……… 9
4.The Pentland Hills Regional Park Plan Strategic Framework……………………………………… 12
5.The Pentland Hills Regional Park Plan Prioritised Implementation Programme………………… 54
6.The Pentland Hills Regional Park Plan Monitoring and Review…………………………………… 73 The designation of the Pentland Hills Regional Park was initially made in October 1984, but was not confi rmed until September 1986, following the outcome of a public inquiry. The designation was made under section 48(A) of the Countryside (Scotland) Act 1967 as supported by the Pentland Hills Regional Parks (Scotland) Regulations 1981. Initially the Pentland Hills Regional Park was operated by Lothian Regional Council who prepared a Subject Local Plan to guide the Pentland Hills Regional Park policies and management. Following local government re-organisation in 1997, Lothian Regional Council was disbanded and its functions superseded by the three unitary local authorities comprising the City of Edinburgh Council, Midlothian Council and West Lothian Council. The policies relevant to the 1. Introduction Pentland Hills Regional Park contained within the former Lothian Regional Council’s Subject Local Plan were then incorporated into the local plans of the respective three new unitary authorities. This remains the position with 1.1 The Pentland Hills Regional Park Structure the Pentland Hills Regional Park currently covered by the City of Edinburgh Council’s Finalised Rural West Edinburgh Local Plan (2003); Midlothian The Pentland Hills Regional Park concept fl owed from the Countryside Council’s Adopted Local Plan (2003) and the West Lothian Local Plan Commission for Scotland’s review, “A Parks System for Scotland” (1974). Finalised (2005). This asserted that while traditional land use should be maintained, its contribution to recreational provision would be supplemented by the development of country parks and picnic facilities, networks of country 1.2 The Pentland Hills Regional Park footpaths, wider areas of public access, and the establishment of a management infrastructure to manage recreational pressure on an area. The Pentland Hills Regional Park covers some 10,000 hectares of land, and The aim of Regional Park designation is to cover extensive areas of land, although located to the immediate west of Edinburgh, straddles the local in diverse ownership, where provision for public recreation is given a authority boundaries of the City of Edinburgh Council, Midlothian Council higher profi le by establishing a co-ordinated framework for the integrated and West Lothian Council. A map of the Pentland Hills Regional Park is management of recreation with traditional land use in close collaboration with provided in Figure 1.1. local interests. National Planning Policy Guidance (NPPG) 14 (s.21) states that Regional Parks play a valuable role in providing opportunities for urban populations to gain access to attractive areas of countryside for recreation and enjoyment of the natural heritage. 01 The City of Edinburgh Council is currently the managing authority of the contained in the Hillend Country Park Management Plan (2004-2009) and the Pentland Hills Regional Park under the terms of a Minute of Agreement Bonaly Country Park Management Plan (2006-2026) documents. between the three local authorities. Following a review in 2005 of the IMS it was determined that a Pentland Hills The aims of the Pentland Hills Regional Park as set out in its designation Regional Park Plan should be formulated setting out the strategy, objectives order are: and actions for a further initial 6 year period (equating to two complete local authority budget cycles) but also extending the vision forward to a 10 year • To retain the essential character of the hills as a place for the peaceful time-frame in order to highlight longer term relevant aims and objectives. enjoyment of the countryside; • Caring for the hills so that the landscape and the habitat is protected and enhanced; 1.3 The Purpose of the Pentland Hills Regional Park • Within this caring framework to encourage responsible public enjoyment Plan of the hills; • Co-ordination of these aims so that the co-exist with farming and other The overall purpose of the Pentland Hills Regional Park Plan is to provide land uses within the Pentland Hills Regional Park. the relevant contemporary strategic framework guiding the Pentland Hills Regional Park management in the preparation of detailed action plans which The Pentland Hills Regional Park is a living, changing environment and has will translate the Pentland Hills Regional Park Plan into deliverable tasks. evolved as a mixed land use resource which is an important leisure, economic, community and heritage asset within the Lothians. The Plan sets out an over-arching vision for the sustainable integrated management of the Pentland Hills Regional Park and identifi es the underlying With this evolution comes increasing and changing pressures and demands principles and themes which provide the framework within which aims, with the Pentland Hills Regional Park management and the other key objectives and actions have been formulated. stakeholders seeking to balance recreation and enjoyment with economic demands and the conservation of the Pentland Hills Regional Park’s natural The Plan also seeks to highlight potential benefi ts which could accrue from and built heritage assets. the delivery of the recommended proposals and identifi es their relevance in the context of relevant strategies, policies and plans in the wider sphere eg at From 2000-2005, the Pentland Hills Regional Park had in place an Integrated the local, regional, national and international levels. Management Strategy (IMS) setting out policies for the Pentland Hills Regional Park and which provides the current framework for the Pentland The Plan identifi es a prioritised programme for investment – both of Hills Regional Park’s management. Proposed management plans for specifi c personnel and fi nancial resources together with monitoring recommendations. areas within the Pentland Hills Regional Park boundaries exist, and are 02 1.4 Development of the Pentland Hills Regional Park plans, programmes and strategies. Plan Given that central components of the Pentland Hills Regional Park Plan are to conserve and enhance the environmental features and qualities of the PHRP, Development of the Pentland Hills Regional Park Plan has included the SEA process is therefore central to the development of the Pentland Hills background research of both historic and current Pentland Hills Regional Park Regional Park Plan. Accordingly, all strategic objectives have been assessed documentation; local, national and international agency strategies, policies during the Pentland Hills Regional Park Plan’s preparation to provide a and plans. transparent framework which appraises the Pentland Hills Regional Park Plan recommendations on the future environmental well-being of the Pentland A consultation programme has also helped in developing the Pentland Hills Hills Regional Park. Regional Park Plan. The consultation programme has included a workshop with the Pentland Hills Regional Park Consultative Forum, meetings with The SEA of the Pentland Hills Regional Park Plan has been prepared as a the Pentland Hills Regional Park land managers and the Pentland Hills separate report. Ranger service, an initial presentation of the Pentland Hills Regional Park Plan process to the Pentland Hills Regional Park Joint Committee - with opportunities to provide inputs. In addition, an invitation to provide comments, opinions and suggestions for the Pentland Hills Regional Park Plan was posted on the PHRP website with a dedicated link provided for inputs to be made to Scott Wilson Scotland. 1.5 Strategic Environmental Assessment
To ensure best planning practice and compliance with statutory obligations, the Pentland Hills Regional Park Plan has been subjected to a Strategic Environmental Assessment (SEA). This has involved a systematic identifi cation and evaluation of the environmental impacts of the proposed Plan actions. The SEA follows the requirements under the EC Directive 2001/42/EC, the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 and the Environmental Assessment (Scotland) Act 2005 which legislates for a wider remit of SEA in Scotland to cover 03 Figure 1.1 - Pentlands Hills Regional Park 04 local authorities throughout Scotland to share experiences and take action on sustainable development; • The parameters of the existing Pentland Hills Regional Park management roles which are facilitative, advisory and consultative; • Current regional and local policies and proposals which are directly relevant to the Pentland Hills Regional Park and which are a fundamental aspect of the Pentland Hills Regional Park’s legal framework eg:-