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Examination Report (Paragraph 15, Page 24 CD13)

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Examination Report (Paragraph 15, Page 24 CD13) Planning and Environmental Appeals Division REPORT TO FALKIRK COUNCIL ON THE PROPOSED FALKIRK LOCAL DEVELOPMENT PLAN 2 EXAMINATION Reporters: Philip Barton MCD BA(Hons) MRTPI Amanda Chisholm MEDes Christopher Warren BA(Hons) DipTP MRTPI Date of Report: 27 March 2020 CONTENTS Page No Examination of Conformity with Participation Statement 1 Issue 01 Vision 4 02 Strategic Housing Land 8 03 Bo’ness Housing Sites 59 04 Bonnybridge and Banknock Housing Sites 75 05 Maddiston and Rumford Housing Sites 96 06 Polmont Housing Sites 115 07 Wallacestone, Redding and Reddingmuirhead Sites 133 08 California and Standburn Housing Sites 151 09 Slamannan and Limerigg Housing Sites 157 10 Whitecross Housing Sites 169 11 Denny Housing Sites 178 12 Falkirk Housing Sites 192 13 Larbert and Stenhousemuir Housing Sites 200 14 Airth Housing Sites 219 15 Other Rural North Housing Sites 228 16 Grangemouth Investment Zone 242 17 Other Business Sites 258 18 Place and Environment Policies 269 19 Other Housing Policies 298 20 Town Centre Policies 309 21 Infrastructure Policies and Proposals 324 22 Energy Policies 347 23 Mineral Policies 356 24 Waste Policies and Proposals 363 25 Site Specific Environmental Mitigation 370 26 Miscellaneous 405 PROPOSED FALKIRK LOCAL DEVELOPMENT PLAN 2 Examination of conformity with the participation statement Legislative context 1. Section 19(4) of the Town and Country Planning (Scotland) Act 1997 (as amended) requires the person appointed by Scottish Ministers to firstly examine whether the council has consulted and involved the public in the plan’s formulation, in the way it said it would in the participation statement which was current at the time of the proposed plan’s publication. 2. Councils are required to produce a development plan scheme at least annually. The development plan scheme should include a programme for the preparation and review of the plan, and must contain a participation statement. The planning authority is then required to adhere to its commitments in the participation statement in regard to when, how and with whom consultation takes place. The participation statement 3. The relevant participation statement, against which I must assess conformity, is contained within section 7 of the Falkirk Development Plan Scheme, dated May 2018. 4. The participation statement identifies seven principles for community involvement, which have informed the detailed commitments over who and how different groups will be involved at each stage of the plan’s formulation. 5. Five main groups to be targeted for consultation are identified by the participation statement. These are: Public sector: o Scottish Government (including executive agencies of the government such as Historic Environment Scotland and Transport Scotland); o key agencies such as Scottish Natural Heritage, Scottish Environment Protection Agency, Scottish Water, Scottish Enterprise, SEStran, NHS Forth Valley); o neighbouring local authorities (i.e. Clackmannanshire Council, Fife Council, North Lanarkshire Council, Stirling Council, West Lothian Council); and o other public sector organisations such as Scottish Canals, Sportscotland, Forestry Commission. Private sector: o landowners; o developers and housebuilders; o key local companies and businesses; o transport companies (e.g. Network Rail, First Bus, Scotrail); o energy and utility companies (e.g. Scottish Power, National Grid); o telecommunication companies; and o mineral operators. 1 PROPOSED FALKIRK LOCAL DEVELOPMENT PLAN 2 Other organisations: o Environmental and amenity organisations (e.g. Central Scotland Green Network Trust, RSPB, Scottish Wildlife Trust, Civic Trust); o transport organisations (e.g. SUSTRANS); o business organisations (e.g. Falkirk BID); and o housing associations. Community organisations and representatives: o community councils; o local councillors; o local MPs and MSPs; o residents associations and groups; o local amenity and interest groups; and o churches and faith groups. Individuals. 6. Figure 3 in the participation statement provides a list of specific participation measures which the planning authority committed to undertake at each stage of the plan’s production. The report of conformity 7. Section 18(4)(a)(i) of the Act requires the authority to submit a report to Scottish Ministers, to demonstrate the extent to which the authority has satisfied the provisions of section 19(4) (outlined above). Accordingly, Falkirk Council has submitted a ‘Statement of Conformity with Participation Statement’ which fulfils the requirement of section 18(4)(a)(i). 8. The statement provides an overview of the steps taken at each stage of plan formulation, with appendix 1 providing details of the actions it has taken in line with the specific commitments in the participation statement. I note also that separate detailed reports have been prepared in relation to the consultation undertaken for the pre-main issues report and main issues report stages. An overview of how the principles for community involvement have been adhered to, which were established in the participation statement, is provided in appendix 2. Reporter’s conclusions 9. The participation statement’s consultation commitments were wide-ranging and sufficiently comprehensive to ensure the five main target groups had ample and meaningful opportunities to be involved with and influence the plan’s formulation. These commitments exceeded statutory requirements by a considerable margin. 10. I am satisfied that the council’s statement of conformity demonstrates that it has adhered to undertaking consultation in complete accordance with the commitments specified in the participation statement. 11. During the main issues report consultation, I consider the council exceeded the necessary consultation requirements set out in its participation statement. Specifically, and despite the participation statement commitment to hold a ‘roadshow’ consisting of a 2 PROPOSED FALKIRK LOCAL DEVELOPMENT PLAN 2 staffed exhibition at various locations across the council area, I find that the council’s decision to hold a staffed exhibition in 21 separate locations demonstrates that a particular effort was made to encourage and facilitate engagement with the plan process. 12. I find it significant to note that there are no outstanding representations before me which challenge the adequacy of the consultation stages or effectiveness of engagement carried out by the council. 13. All told, I find that the council has consulted and involved the public in the plan’s formulation, in a way which is consistent with what its commitments in the participation statement. The examination of the proposed plan can therefore proceed. Christopher Warren Reporter 3 PROPOSED FALKIRK LOCAL DEVELOPMENT PLAN 2 Issue 1 Vision Development plan Reporter: Chapter 2 Vision (pages 7-12) reference: Christopher Warren Body or person(s) submitting a representation raising the issue (including reference number): Homes for Scotland (00284) Ogilvie Homes Ltd (00614) The Grangemouth Chemical Cluster Companies (TGCCC) (00878) RSPB (00977) Provision of the development plan The vision for the area as set out in Chapter 2. to which the issue relates: Planning authority’s summary of the representation(s): Housing Homes for Scotland (00284/3003/001) - The overall vision is supported however the substance of the plan does not match the ambitions expressed. Paragraph 2.03 reads negatively in this regard. With the housing market recovering, the plan provides an opportunity to build on this and unlock new sites for development. The acknowledgement of infrastructure issues is welcomed and the plan provides an ideal opportunity to address these. Ogilvie Homes Ltd (00614/3007/001) - The Council's objective to “enable continued population and household growth, and the delivery of housing to meet the full range of housing needs” fails to make clear that a generous and effective housing land supply is a key component of any strategy aimed at growing the population. Effective housing sites should be provided within all towns and villages to ensure all communities benefit from growth. Miscellaneous The Grangemouth Chemical Cluster Companies (TGCCC) (00878/3003/001) - References to the petrochemical complex in page 8 of the Vision should be amended to include a reference to the chemical industries in the area. RSPB (00977/3002/002) - Paragraph 2.01 does not mention important designated wildlife sites in the Falkirk area, for example the Forth of Firth Special Protection Area. The estuary and its wildlife are internationally important. Paragraphs 2.02-2.06 lack reference to information on biodiversity and natural environment. Page 12, Sustainable Place, second objective, last sentence, has an error and should read "avoid damage to the environment and communities" rather than "avoid damage to the environment of communities". 4 PROPOSED FALKIRK LOCAL DEVELOPMENT PLAN 2 Modifications sought by those submitting representations: Housing Homes for Scotland (00284/3003/001) - Amend paragraph 2.03 to reflect a less negative view of housing and the housing market. The housing supply target and housing land requirement should be changed and additional effective land allocated for housing, as per other representations on housing land. Ogilvie Homes Ltd (00614/3007/001) - Amend table on page 11 under 'Thriving Communities' to make clear the Council's commitment to providing for effective and generous housing opportunities within all communities across the plan area. Miscellaneous The Grangemouth Chemical
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