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Stirling Local Development Plan: Modified Plan and Finalised Supplementary Guidance

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THIS REPORT RELATES STIRLING 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 (Scotland) 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 Bridge of Allan 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, Dunblane 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:
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