THIS REPORT RELATES COUNCIL TO ITEM 4 ON THE AGENDA

STIRLING COUNCIL ECONOMY, PLANNING & REGULATION

18 AUGUST 2014 NOT EXEMPT

STIRLING LOCAL DEVELOPMENT PLAN: MODIFIED PLAN AND FINALISED SUPPLEMENTARY GUIDANCE

1 SUMMARY

1.1 Stirling Council is now at an advanced stage of producing the new Stirling Local Development Plan in accordance with the Planning, etc () Act 2006, along with supporting Supplementary Guidance covering a range of topics and development sites related to the Local Development Plan.

1.2 The Scottish Government’s Examination Report of the unresolved representations to the Proposed Local Development Plan and the Reporters’ Recommendations were received on 7 March 2014. The main issues are summarised at paragraph 3.9 onwards.

1.3 The Reporters’ Recommendations largely endorse the content of the Proposed Local Development Plan.

1.4 The mostly binding nature of the Reporters’ Recommendations is highlighted at paragraph 3.10. With reference to the criteria at paragraphs 3.10.1 to 3.10.4, there are considered to be two particular circumstances that would give the planning authority sufficient justification to depart from the Recommendations. These relate to the housing land requirement (Reporters’ Recommendation 4(5)) and infrastructure (Reporters’ Recommendation 40(4)).

1.5 Consistent with the Reporters’ Recommendations and the particular circumstances mentioned above, officers have prepared a Modified Plan and finalised all the supporting Supplementary Guidance. The 2006 Act requires these documents to be submitted to Scottish Ministers within 3 months of receipt of the Examination Report. This Report explains at paragraph 3.17 why the 3 month timescale has not been met.

1.6 This report also describes the latest consultation process undertaken on further proposed Supplementary Guidance which supports the Local Development Plan.

1.7 This report has been brought forward from an earlier meeting of the Council on 26 June 2014 where it was agreed to defer consideration of this report until a special meeting of the Council, which would be convened at an early date following receipt of the opinion of Queen’s Counsel. 2 OFFICER RECOMMENDATION

That the Council agrees to:-

2.1 approve and submit the Stirling Local Development Plan - Modified Plan (refer to Appendix 1) and supporting Supplementary Guidance to Scottish Ministers as soon as possible after this meeting;

2.2 submit a Statement (refer to Appendix 4) to accompany the Modified Plan to Scottish Ministers, setting out the reasons for not accepting the Reporters’ Recommendation 4(5) relating to the housing land requirement and Recommendation 40(4) relating to Bridge of Allan;

2.3 adopt the Modified Plan as the Stirling Local Development Plan, and Supplementary Guidance, within 28 days of the submission unless directed not to do so by Scottish Ministers; and

2.4 carry out an early review of the Stirling Local Development Plan and its Spatial Strategy relative to the housing land requirement for the Stirling Core Area.

3 CONSIDERATIONS

Background

3.1 The Planning, etc (Scotland) Act 2006 requires Stirling Council to prepare a new Local Development Plan, which will bring the development planning framework up to date and ensure that it guides the future use and development of land for the next 20 years.

3.2 A report to a special meeting of the Council on 26 September 2012 sought approval for the publication of the Proposed Local Development Plan and its associated supporting documents. The Proposed Local Development Plan was approved by the Council, published formally on 6 October 2012, and consulted upon during October to December 2012, along with the majority of the supporting Supplementary Guidance.

3.3 A report to the Council on 2 May 2013 sought approval for the Council’s response (Schedule 4’s) to the unresolved representations to the Proposed Local Development Plan. These were set out in 57 separate issues. These responses were approved by the Council, and the Proposed Local Development Plan and Schedule 4’s were submitted to Scottish Ministers on 6 June 2013.

3.4 The Scottish Government’s Directorate for Planning and Environmental Appeals carried out an Examination into the unresolved representations to the Proposed Local Development Plan. The Examination was carried out over a nine-month period between July 2013 and March 2014, and was undertaken by five independent persons (referred to as Reporters) appointed by Scottish Ministers.

3.5 During the process of Examination, 23 information requests were made by the Reporters to various parties including the planning authority. The written responses to the information requests are viewable on the Directorate for Planning and Environmental Appeals website at: http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=94325 .

3.6 In submitting the Proposed Local Development Plan to the Directorate for Planning and Environmental Appeals, the planning authority requested that special consideration be given to hearings on a number of matters. Under the new procedures for Examinations introduced with the 2006 Act, the option to hold a hearing or a formal inquiry session is at the discretion of the Reporters. These are only held where the Reporters need further information or clarification. In this case, the Reporters concluded that there was no requirement to hold a formal inquiry or hearing session.

Examination Report and Reporters’ Recommendations

3.7 Having taken into account all of the information submitted to them, the Reporters have set out their conclusions and recommendations in relation to each of the issues in their Examination Report. The Examination Report and summary of the Reporters’ Recommendations (2 separate documents) were received on 7 March 2014 and are available to view online on the Directorate for Planning and Environmental Appeals website above and on the Council’s public website at: www.stirling.gov.uk/localdevplan .

3.8 The Examination Report contains a summary of the unresolved representations and the modifications being sought, the planning authority’s response, and the Reporters’ conclusions and recommendations, for each of the 57 issues.

3.9 The Reporters are generally supportive of the Proposed Local Development Plan’s Vision and Spatial Strategy. Their Recommendations largely endorse the content of the Proposed Local Development Plan and most are in line with the Council’s submission to the Examination. The following outlines the most significant issues the Reporters did not agree with, and where modifications to the Plan are recommended (Reporters’ Recommendation number is included below for reference):-

3.9.1 Wind turbines 3(3) and 3(4) – The Reporters are concerned that the Proposed Plan policy and guidance on wind turbines does not adequately reflect national planning policy in terms of identifying ‘areas with potential constraints’ and ‘areas of significant protection’. They have introduced a commitment on the planning authority to prepare and bring forward a refreshed spatial framework for wind farms which meets the requirements of the Scottish Government’s planning policy and advice, within no more than one year. This must then be approved and brought into the Local Development Plan’s Spatial Strategy at the first review of the Plan.

3.9.2 Housing Land Requirement 4(5) – The Reporters support the general approach taken, and that an appropriate balance has been achieved in the Proposed Local Development Plan between meeting the requirement for housing land and the place making agenda. They recommend an additional flexibility allowance (5%) is included amounting to a further 300 housing units to be allocated, primarily in the Plan’s Core Area. Through a further clarification request, the Reporters have indicated that their changes made to sites elsewhere in the Recommendations, in particular land allocated for housing development at Kildean, and a range of other small adjustments, takes account of the additional flexibility. The planning authority does not agree with this conclusion and the reasons for this are further discussed at paragraphs 3.12.1 to 3.12.4 below.

Following legal advice, a further technical change is put forward in the Modified Plan to provide clarity in relation to Primary Policy 2: Supporting the Vision and Spatial Strategy. In Criterion (a) the reference to advancing alternate developments from later Plan phases in the first instance should existing sites and allocations prove ineffective, has been changed to clarify that “Plan phases” means “Plan Phase 2 or Period 2”.

3.9.3 Affordable housing percentages 9(1) – The Reporters recommend altering the percentage of the total number of units requiring to be affordable from 50% to 33% on development sites in the Highly Pressured Area (Rural Villages Area, and Bridge of Allan). This is due to concerns that 50% would likely constrain development opportunities unduly and discourage potential developers from bringing forward sites in certain areas. A 25% requirement would then apply for the remaining areas.

3.9.4 Affordable housing thresholds 9(1) – The Reporters support the threshold at which affordable housing will be required on sites in the Highly Pressured Area i.e. 4 or more units. However outwith the Highly Pressured Area, they recommend a threshold of 10 or more units is applied due to concerns that the 4 or more may affect the viability of smaller developments.

3.9.5 Minerals & other extractive industries 20(1) – The Reporters recommend altering Primary Policy 11(d) to read: “Proposals for the exploration, appraisal and the development of wellhead and transmission infrastructure for unconventional gas extraction (coal bed methane, shale gas and other forms of onshore oil and gas) shall be assessed against their impact on the environment, the economy, local communities, heritage, the historic environment, landscape assets and transport infrastructure. Proposals shall comply with the detailed advice in Supplementary Guidance to be prepared in support of Primary Policy 11”.

3.9.6 Thornhill Conservation Area 28(1) – The Reporters support the proposed designation, however they highlight that this is to be progressed separately to the Local Development Plan via the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. A separate report therefore is before the Council dealing with the proposed Conservation Area designations.

3.9.7 32(1) – The Reporters recommend deleting housing site H092 Montgomery Place (30 units) from Period 1 due to concerns over landscape fit, lack of landowner support for development, infrastructure capacity and road access.

3.9.8 33(3) – The Reporters recommend deleting housing site H099 Main Street (8 units) due to concerns over site layout and impact on the Conservation Area.

3.9.9 35(1) and 35(2) – The Reporters recommend deleting housing site H101 Station Road (50 units) due to concerns over adverse impact on views, setting a precedent for piecemeal development and lack of a robust site boundary. They have replaced this with a site allocation for housing purposes north of Station Road and west of Blairessan House (total 30 units), 15 units for phase 1 (2010/19) and 15 units for phase 2 (2019/2024), to be supported by a detailed development brief.

3.9.10 Bridge of Allan 40(5) and 40(6) – The Reporters recommend deleting housing site H007 Adjacent Carsaig Court (31 units) until the site can be ruled out from any level crossing redevelopment scheme. They have introduced a new allocation site H132 Sheriffmuir Road (8 units) for housing development in Phase 1, to be placed inside a redefined urban boundary.

3.9.11 Airthrey Kerse (H056) 41(1) – The Reporters recommend deleting all references to site H056 due to concerns over the probability of harm to the amenity, function and integrity of the remaining Green Belt, the failure to address the implications of the necessary new road link and rail crossing, and the considerable remaining uncertainty over flood risk.

3.9.12 Bridge of Allan - Road Infrastructure 40(4) – The Reporters recommend altering the first bullet of the infrastructure table to read:-

• “Land to be safeguarded to ensure that a Road to Airthrey Road link can be completed. If the development envisaged at Airthrey Kerse (H056) proceeds, the link road should be designed in as a street, to serve as a distribution route for development traffic”.

Further clarification was sought from the Reporters due to the inherent conflict between the recommended wording in the second sentence above, and recommendation 41(1) at 3.9.11 to “delete all references to site H056”. The clarification received from the Reporters states: “The recommendation in Issue 40 only deals with the infrastructure issues. Reference to H056 was retained to differentiate which part of Airthrey Kerse was being referred to. It is open to the planning authority to provide further clarification in the Plan if it wishes”.

The recommendation to Council on 26 June 2014 was simply to delete the second sentence of Recommendation 40(4) set out above. After considering legal advice, it is considered important to retain a reference to the design of the link road relative to any future development in this area. This would be consistent with the Reporters Recommendation and the Plan’s Transport and Access Background Report which states that if the route goes through a predominately residential area it should be designed accordingly, i.e. as a street. This view is supported by the Council’s Transport Planning Service.

On the basis of the Reporters’ clarification response referred to above and consistent with Recommendation 41(1), the planning authority is proposing that the revised bullet would read as follows:-

• “Land to be safeguarded to ensure that a Cornton Road to Airthrey Road link (formerly Kildean Link phase 2) can be completed. If future development in this area takes place, the link road should be designed as a street, to serve as a distribution route for development traffic”.

This is further discussed at paragraph 3.12.5 below.

3.9.13 Dunblane 42(2) and 42(1) – The Reporters recommend deleting site H021 Kippendavie (100 units) and designate as Green Belt. The Reporters recommend allocating site H133 Whitecross (8 units) for some limited housing development in Phase 1.

3.9.14 Kildean 43(2) – The Reporters recommend modifying the allocation for Kildean to reflect the recent Planning Appeal decision and to show the site as mixed-use for housing and business purposes.

3.9.15 Housing sites in Stirling 44(1) – The Reporters recommend deleting housing sites H026 - 19 Cornton Road (5 units) and H027 - 56 Abbey Road (8 units), due to concerns over flood risk.

3.9.16 Crookbridge, Stirling 49(2) – The Reporters recommend deleting all references to convenience retail at site R12 (Crookbridge) and restrict the allocation to the sale of household goods comparison retail. Crookbridge is considered by the Reporters to conflict with the planning authority’s own commissioned retail studies and would not deliver the Plan’s Spatial Strategy as effectively as site R09 (South Stirling Gateway).

3.9.17 Cowie 51(1) and 51(2) – The Reporters recommend extending the boundary for housing site H075 (Station Road) westwards to more logically stop at the watercourse. They also recommend expanding the boundary for housing site H076 (Ochilview) to the rear. The resulting site boundary adjustments do not result in substantially increased housing numbers for these sites.

3.9.18 54(1) – The Reporters recommend removing all indication of possible future development at West Plean/Pleanbank from H069 and annotate a future development site at east Plean. A Development Framework / Masterplan approach will be required and developer contribution to support the socio-economic regeneration of Plean.

3.9.19 Durieshill 52(1) – The Reporters have retained the allocation within the Plan and recommend only minor word changes to the Key Site Requirements.

Council Response to the Reporters’ Recommendations

3.10 The Scottish Government’s Circular 6/2013 on Development Planning states that the Reporters’ Recommendations are largely binding on planning authorities. The Town and Country Planning (Grounds for Declining to Follow Recommendations) (Scotland) Regulations 2009 outlines the following circumstances that would allow the planning authority to depart from the Recommendations:-

3.10.1 where they would have the effect of making the Local Development Plan inconsistent with the National Planning Framework;

3.10.2 where they are incompatible with Part IVA of the Conservation (Natural Habitats etc) Regulations 1994;

3.10.3 where they would not be acceptable having regard to an environmental assessment carried out by the planning authority on the Plan following modification in response to Examination Report; and

3.10.4 where they are based on conclusions that the appointed person could not reasonably have reached based on the evidence considered in the course of the examination under section 19(3) of the 2006 Act.

3.11 The Circular provides further explanation for the final circumstance (3.10.4 above) - this is to address the possibility of clear errors, including factual errors, having been made by the Reporter, and does not relate to circumstances where the planning authority disagrees with the planning judgement reached by the Reporter.

3.12 When considering the above grounds, there appears to be limited opportunity for the planning authority to decline to follow the Recommendations. The only exceptions are considered to be in relation to the following matters. These are also detailed in the Statement at Appendix 4 which sets out the planning authority’s grounds for not accepting the following Recommendations. This Statement requires to be submitted to Scottish Ministers along with the Modified Plan. Legal opinion has been sought and obtained on the planning authority’s response to these matters.

Recommendation 4(5) – Housing Land Requirement

3.12.1 Recommendation 4(5) requires 5% flexibility (approximately 300 housing units) to be added to the housing land requirement. The planning authority’s grounds for declining to follow this Recommendation are that the Reporters have made an error in their numerical assumptions over the addition / deletion of sites made by them in other Recommendations. The site changes made by the Reporters do not add up to an additional 300 units in the period to 2024 as claimed in their further clarification response, but rather 149 units (equivalent to 2.5%). Despite requests by the planning authority, the Reporters have not sought to clarify this further in subsequent correspondence.

3.12.2 Complying with Recommendation 4(5) also presents further procedural difficulties. If the planning authority were to accept the Recommendation, the procedure for identifying and allocating the remaining 151 units would require further environmental assessment, consultation, neighbour notification and consequential delays in the adoption of the Plan. Any unresolved representations would also require to be considered at Examination, further contributing to the delay.

3.12.3 The planning authority accepts that a degree of flexibility in the housing land supply is an appropriate response to meet the requirements in Scottish Planning Policy to identify a generous supply of land capable of providing a range of housing provision across the plan area. The Modified Plan at Appendix 1 therefore identifies an additional flexibility of 2.5% in the land requirement to 2024 resulting in a total 6,076 units. The procedural issues in adding 5% to the Modified Plan as requested by the Reporters, is discussed above, but the planning authority recognises that more flexibility (above 2.5%) will be required over the period of the Plan and particularly in response to the Reporters’ conclusions to the Examination.

3.12.4 The planning authority therefore recommends an early review of the Plan is taken forward. The review will consider the effectiveness of the Spatial Strategy in delivering the housing land requirement for the Stirling Core Area, and any additional flexibility required. The review will take cognisance of the Council’s Strategic Infrastructure Plan and be informed by the 2014 housing land audit, so as to provide an up to date position of the effective housing land supply in the Core Area.

Recommendation 40(4) – Bridge of Allan Road Infrastructure

3.12.5 As outlined at paragraph 3.9.12 above, it is considered that the Reporters have made an error with regard to their Recommendation 40(4) which contains a continuing reference to H056 when Recommendation 41(1) requires all references to H056 be deleted from the Plan. This error made by the Reporters is considered to provide sufficient justification to depart from Recommendation 40(4) with the proposed modified wording set out above.

3.13 All the remaining Reporters’ Recommendations have been incorporated into the Modified Plan (refer to Appendix 1) along with any consequential modifications e.g. factual or terminology inconsistencies, adjustments to maps, tables, text etc, to ensure that the Plan reflects the terms of the modifications recommended. A summary of the modifications and consequential changes to the Proposed Local Development Plan are at Appendix 2 and a list of all the technical changes at Appendix 3.

3.14 Since the report to Council on 26 June 2014, further technical changes have been made to the Plan to provide clarity or updates. These include:-

• Date of the document amended to August 2014 to reflect the date of the Council meeting. • Foreword amended to reflect the details of the new Chief Executive of the Council. • Page 26, Table 7 Employment Land Requirement – updated with correct figures. • Primary Policy 2 amended (as detailed at 3.9.2 above).

3.15 Any consequential changes to Supplementary Guidance have also been made. All the Supplementary Guidance is available to view online at: www.stirling.gov.uk/localdevplan

Submission to Scottish Ministers

3.16 The 2006 Act requires the following documents to be submitted to Scottish Ministers within 3 months of receipt of the Examination Report (i.e. by 7 June 2014):-

• The Report of the Examination;

• The Proposed Plan the authority wishes to adopt (the Modified Plan at Appendix 1);

• The modifications made following receipt of the Examination Report (Appendices 2 and 3);

• A statement setting out any recommended modifications that the authority has not made and the explanation for this (Appendix 4);

• The advertisement of the authority’s intention to adopt the Plan; and

• Any environmental assessment of the Plan as modified.

3.17 Unfortunately it has not been possible to meet the 3 month timescale set by the 2006 Act. This delay was due to the need to seek clarification from the Reporters as outlined at paragraphs 3.9.2 and 3.9.12 above, and additional time needed to fully consider the response.

3.18 In considering the above submission, Scottish Ministers will consider whether the circumstances outlined in paragraphs 3.10.1 to 3.10.4 above have been met. If they believe that the planning authority has not complied with legislation in this regard, they can direct that the planning authority does not adopt the Local Development Plan. Scottish Ministers would then have a default power under the 2006 Act to direct the planning authority to consider modifying the Local Development Plan or for Scottish Ministers to approve the Plan themselves, although the expectation is that this power will rarely be used.

Supplementary Guidance

3.19 The Local Development Plan is being supported by a range of topic or site specific Supplementary Guidance which provides further advice and guidance relative to particular policies and proposals in the Plan. Once adopted, this guidance will supersede all previous Supplementary Planning Guidance.

3.20 The Scottish Government’s Circular 6/2013 on development planning clarifies the difference between statutory and non-statutory Supplementary Guidance. Statutory Supplementary Guidance forms part of the Local Development Plan when adopted in conjunction with the Plan. Non-statutory guidance is used to provide guidance on emerging issues such as site specific planning briefs, development masterplans and frameworks, and does not form part of the Local Development Plan. A list of all the Supplementary Guidance accompanying the Plan is contained within Chapter 8 of the Plan. Both statutory and non-statutory guidance is a material consideration in decision making on planning applications.

3.21 The Local Development Plan has provided an opportunity to update planning guidance relative to the new strategy and policy framework in the Plan, improving the guidance and advice offered. The Environment & Housing Committee on 19 September 2013 agreed that the following further proposed Supplementary Guidance would be consulted upon, and this was undertaken between October and December 2013:-

3.21.1 Historic Environment: Windows and Doors (supports Policy 7.5 New/Replacement Windows in Listed Buildings and Conservation Areas).

3.21.2 Small Settlements (supports Policy 2.10 and Supplementary Guidance SG10 Housing in the Countryside).

3.22 Consultation on the above resulted in only one written comment being received to the Windows and Doors guidance from Historic Scotland, and 7 written comments received to the Small Settlements guidance from a number of agencies and interested parties.

3.23 An amendment has also been made to SG27 (Protecting Special Landscapes) to incorporate the Kilpatrick Hills Local Landscape Area which is a newly identified designation, identified in conjunction with both West and East Dunbartonshire Councils. Consultation on the proposed designation was targeted to adjacent local authorities, local community councils and local residents between 14 April and 12 May 2014.

3.24 The comments received to the above consultations are summarised in Appendix 5, along with the Council’s proposed response to each comment. These documents will now be finalised to accompany the Local Development Plan as statutory Supplementary Guidance.

3.25 All of the statutory Supplementary Guidance connected with the Local Development Plan will be submitted to Scottish Ministers at the same time as the Modified Plan so that they can be adopted alongside it. This guidance will supersede all current Supplementary Planning Guidance, with the exception of Supplementary Planning Guidance on Wind Turbines (March 2011) which is to be refreshed and brought into the Local Development Plan at the first review, as discussed at paragraph 3.9.1. The Local Development Plan and Supplementary Guidance will continue to be kept under review as part of the monitoring and review process outlined within Development Plan Scheme.

Adoption of the Plan and Supplementary Guidance

3.26 Once the Modified Plan is submitted, a notice will be published in a local newspaper indicating that the planning authority intends to adopt the Plan and where it can be inspected. Those who made representations on the Proposed Local Development Plan will be directly notified by letter of the authority’s intention to adopt the Plan.

3.27 28 days after submitting the documents outlined above, the 2006 Act requires the planning authority to adopt the Local Development Plan unless directed not to by Scottish Ministers. In line with the 2006 Act, copies of the adopted Local Development Plan will be published, sent to Scottish Ministers and placed in local libraries. Those who made representations on the Proposed Local Development Plan will be directly notified by letter of the adopted Plan and its publication will be advertised in a local newspaper.

Legal Challenge

3.28 The 2006 Act allows any person aggrieved by the Local Development Plan to question its validity by making an application to the Court of Session. This must be made within 6 weeks of the adopted Plan’s publication. The grounds on which a legal challenge on a Local Development Plan can be made are set out within Scottish Government Circular 6/2013 and are stated as:-

(a) that it is not within the powers conferred by Part II of the Town and Country Planning Act 1997, as amended, or

(b) that any relevant requirement of that Part or of any regulations made under that Part have not been complied with.

Action Programme

3.29 There is a requirement to publish an Action Programme within 3 months of the Local Development being adopted. The Action Programme sets out how the proposals and policies contained in the Plan will be monitored and delivered. The Action Programme includes timescales for the delivery of key infrastructure and will be reviewed regularly taking into account changing circumstances. A draft Action Programme was approved by the Council alongside the Proposed Local Development Plan in September 2012. This will be updated to reflect the Adopted Plan and subsequently published within the set timescale.

4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS

Policy Implications

Equality Impact Assessment Yes Strategic Environmental Assessment Yes Single Outcome Agreement Yes Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) Yes Effect on Council’s green house gas emissions No effect

Corporate/Service Plan Yes Existing Policy or Strategy Yes Risk Yes Resource Implications Financial Yes People No Land and Property or IT Systems Yes Consultations Internal or External Consultations Yes

Equality Impact Assessment

4.1 The Proposed Local Development Plan published in October 2012 already includes an Equalities Impact Assessment. The findings of this assessment concluded that the objective of the policies is not to directly discriminate against those in the protected characteristic groups. As a result of receiving the Reporters’ Recommendations, the Equalities Impact Assessment has been reappraised and it is not considered that the Recommendations raise any further issues with regard to equalities. The Modified Plan and finalised Supplementary Guidance do not therefore raise any further issues with regard to equalities.

Strategic Environmental Assessment

4.2 A full Strategic Environment Assessment was undertaken on the Proposed Local Development Plan. The Environmental Report concluded that the Plan is not likely to result in significant environmental effects. Having considered the Reporters Recommendations, it is considered that no modifications are likely to have significant effects on the environment when considering the overall effects of the Modified Plan. A report detailing this is available on the Council webpage at www.stirling.gov.uk/localdevplan . Following adoption of the Local Development Plan, the Environmental Report will be finalised and a post adoption Strategic Environmental Assessment Statement will be published setting out how the findings in the Environmental Assessment were taken into account during the preparation of the Proposed Plan.

4.3 A Habitats Regulations Appraisal was prepared along with the Proposed Plan. The Reporters’ modifications to the Proposed Plan have been considered and assessed and it is concluded that these are not likely to have a significant effect on a European Site. A report detailing this is available on the Council webpage at www.stirling.gov.uk/localdevplan and the assessment will be submitted to Scottish Natural Heritage.

Single Outcome Agreement

4.4 The Modified Plan and finalised Supplementary Guidance accord with all 7 outcomes of the Council’s Single Outcome Agreement but particularly the following. The Plan supports a diverse economy by protecting existing, and identifying new employment land for the development of new business space. The Plan contributes to improving the supply of new house building in the area, particularly affordable social housing. The Plan supports healthier lifestyles and well connected communities by protecting and ensuring the provision of high quality open spaces and sustainable places.

Other Policy Implications

4.5 Sustainability: The Planning etc (Scotland) Act 2006 requires planning authorities to carry out their development planning functions with the objective of contributing to sustainable development. The Modified Plan and Supplementary Guidance are consistent with this and reflect the sustainable development principles of national policy.

4.6 Existing Policy or Strategy: The Modified Plan and finalised Supplementary Guidance accord with and support the Council’s key strategies including the Local Housing Strategy, Economic Strategy, Business Space Strategy, Local Transport and City Transport Strategies, Open Space Strategy, and Sustainable Development Strategy.

Risk

4.7 The Local Development Plan is on the Council’s risk register. Legal opinion has been sought and obtained on the approach not to accept the Reporters’ Recommendations. Not accepting the Recommendations means that the planning authority will be able to progress quickly to adoption to ensure that the Council maintains an up-to-date and relevant land use and development strategy for the Stirling area. This includes all the accompanying Supplementary Guidance which is a material consideration. Once adopted, the Local Development Plan and its Supplementary Guidance will provide a clear and consistent development plan basis for determining planning applications.

Resource Implications

4.8 Financial: The administration of the Examination process was undertaken by the Government’s Directorate for Planning and Environmental Appeals with the full cost of the Examination, amounting to approximately £102,000, met by the planning authority.

4.9 Land and Property: The Modified Plan confirms the land use planning status of certain land and property within the Stirling area for the foreseeable future. This is likely to be of interest to other Council Services in terms of the sale and management of the Council’s assets. To assist this process, a Schedule of Land Ownership is contained within the Modified Plan which highlights any sites owned by the planning authority which are the subject of proposals in the Plan.

Consultations

4.10 Consultation on a Main Issues Report and Draft Proposed Plan took place in 2010 and 2011 respectively. Consultation on the Proposed Plan and the majority of the Supplementary Guidance was undertaken during October to December 2012. Further consultation on particular Guidance was undertaken from October to December 2013 and from April to May 2014. The result of the consultation was reported to a meeting of Stirling Council on 2 May 2013 and is further reported at Appendix 5. The Examination of the unresolved representations made to the Proposed Local Development Plan and the issuing of the Examination Report concludes the outcome of the consultation process on the Stirling Local Development Plan.

Tick ( ) to confirm

The appropriate Convener(s), Vice-Convener(s), Portfolio Holder and DG Depute Portfolio Holder have been consulted on this report NB

The Chief Executive has been consulted on this report SC

5 BACKGROUND PAPERS

5.1 Report and Minutes of Special Council meeting dated 26 September 2012 – Stirling Local Development Plan: Proposed Plan.

5.2 Report and Minutes of Council meeting dated 2 May 2013 – Stirling Local Development Plan: Towards Examination.

5.3 Report and Minutes of Environment & Housing Committee dated 19 September 2013 – Stirling Local Development Plan: Supplementary Guidance.

5.4 Stirling Local Development Plan: Examination Report and Reporters’ Recommendations (2 separate documents) as received on 7 March 2014 - available to view online on the Council’s public website: www.stirling.gov.uk/localdevplan and the Directorate for Planning and Environmental Appeals website: http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=94325

5.5 Report to Council meeting dated 26 June 2014 – Stirling Local Development Plan: Modified Plan and Finalised Supplementary Guidance.

5.6 Report to Council meeting dated 26 June 2014 – Planning Policy: Conservation Area Designations.

6 APPENDICES

6.1 Appendix 1: Stirling Local Development Plan: Modified Plan, August 2014 (individual copies provided to Members and available to view online at www.stirling.gov.uk/localdevplan ).

6.2 Appendix 2: Stirling Local Development Plan - Modifications and Consequential Changes to the Proposed Plan, August 2014.

6.3 Appendix 3: Stirling Local Development Plan – Technical changes to the Proposed Plan, August 2014.

6.4 Appendix 4: Stirling Local Development Plan Examination – Statement setting out the reasons for not accepting the Reporters’ Recommendation 4(5) and Recommendation 40(4) of the Reporters’ Recommendations dated 7 March 2014.

6.5 Appendix 5: Stirling Local Development Plan: Comments and Council Response to Supplementary Guidance, August 2014.

Author: Name Designation Telephone Number/E-mail

Claire Milne Principal Planning Officer - 01786 233685 Planning & Policy, Economy, Planning & Regulation [email protected]

Approved by: Name Designation Signature

Kevin Robertson Head of Economy, Planning & Regulation

Date: 24 July 2014 Service EPRREP0142SC(CM) Reference: