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Planning and Environmental Appeals Division Telephone: 01324 696455 Fax: 01324 696444 E-mail: [email protected] Mrs K Cowey Angus Council Sent By E-mail Our ref: LDP-120-1 3 June 2016 Dear Mrs Cowey PROPOSED ANGUS LOCAL DEVELOPMENT PLAN THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANNING) (SCOTLAND) REGULATIONS 2008 We refer to our appointment by the Scottish Ministers to conduct the examination of the above plan. Having satisfied ourselves that the council’s consultation and engagement exercises conformed with their participation statement, our examination of the plan commenced on 9 December 2015. We have completed the examination, and now submit our report. In our examination, we considered all 27 issues arising from unresolved representations which were identified by the council. In each case, we have taken account of the original representations, as well as the council’s summaries of the representations and the council’s responses, and we have set out our conclusions and recommendations in relation to each issue in our report. The examination process also included a comprehensive series of unaccompanied site inspections and, for some issues we requested additional information from the council and other parties. We did not require to hold any hearing or inquiry sessions. Subject to the limited exceptions as set out in Section 19 of the Town and Country Planning (Scotland) Act 1997 (as amended) and in the Town and Country Planning (Grounds for Declining to Follow Recommendations) (Scotland) Regulations 2009, the council is now required to make the modifications to the plan as set out in our recommendations. The council should also make any consequential modifications to the text or maps which arise from these modifications. Separately, the council will require to make any necessary adjustments to the final environmental report and to the report on the appropriate assessment of the plan. A letter will be issued to all those who submitted representations to inform them that the examination has been completed and that the report has been submitted to the council. It will advise them where they can view the report. 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.dpea.scotland.gov.uk= www.scotland.gov.uk/Topics/Planning/Appeals abcdefghij abcde abc a The documents relating to the examination should be retained on the council’s website for a period of six weeks following the adoption of the plan by the authority. It would also be helpful to know when the plan has been adopted and would appreciate being sent confirmation of this in due course. Yours sincerely Claire Milne David Russell Reporter Reporter 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.dpea.scotland.gov.uk= www.scotland.gov.uk/Topics/Planning/Appeals abcdefghij abcde abc a Planning and Environmental Appeals Division REPORT TO ANGUS COUNCIL ANGUS LOCAL DEVELOPMENT PLAN EXAMINATION Reporters: Claire Milne BSc (Hons) DipTP MBA MRTPI David Russell MA (Hons) MPhil MRTPI Date of Report: 3 June 2016 CONTENTS Page No Examination of Conformity with Participation Statement 1 Issue 1 Strategy Part 1 and Strategy Part 2 5 2 Strategy Part 3 – Creating High Quality Places 25 3 Housing Land Supply and Release 39 4 Residential Development and Omissions 58 5 Services 69 6 Connectivity 75 7 Employment and Tourism 80 8 The Natural Environment 90 9 The Built Environment 107 10 Heat and Energy Networks 110 11 The Water Environment 126 12 Resources 134 13 Protected and Valued Policy Omissions 142 14 Arbroath 146 15 Brechin 176 16A Carnoustie and Barry, Pitskelly and Carlogie 195 16B Carnoustie and Barry – General and Omissions 212 17A Turfbeg and Westfield, Forfar 229 17B Forfar – General and Omissions 248 18 Kirriemuir 263 19 Monifieth 280 20 Montrose including Ferryden and Hillside 289 21 North Angus HMA 312 22 East Angus HMA 334 23 West Angus HMA 346 24 South Angus HMA 362 25 Plan Issues 396 ANGUS LOCAL DEVELOPMENT PLAN Examination of Conformity with the Participation Statement Introduction 1. Section 19(4) of the Town and Country Planning (Scotland) Act 1997 (as amended) requires the person who has been appointed by the Scottish Ministers to examine the plan: “firstly to examine…the extent to which the planning authority’s actings with regard to consultation and the involvement of the public at large as respects the proposed plan have conformed with (or have been beyond the requirements of) the participation statement of the authority which was current when the proposed plan was published under Section 18(1)(a).” The participation statement 2. As the proposed plan was published in February 2015, the version of Angus Council’s participation statement which was current at the time was contained in its published Angus Development Plan Scheme (Revised March 2014) at pages 7 to 9. The participation statement confirmed that: “Angus Council has always taken a positive approach to development plan consultation and will consider opportunities for innovative ways of consultation and will make extensive use of the council web site. By encouraging consultation and engagement at various stages in the local development plan process, Angus Council seeks to ensure that those with an interest in the future of the Angus area have an opportunity to contribute their views before decisions are taken. In implementing the above Angus Council will seek to involve a wide range of groups and organisations including: Angus community councils; Angus community planning partnerships; Other community groups; Public sector groups (including key agencies; local and national statutory and non-statutory bodies; adjoining local authorities and Cairngorms National Park Authority); Private sector groups/organisations; and Members of the community/public. The council will continue to take a positive approach to public consultation and engagement and ensure that a variety of opportunities are available for potentially interested parties to examine, discuss and comment on the new Angus Local Development Plan. The council will review the effectiveness of its consultation processes at each stage and evolve its consultation practice and participation statement accordingly.” 3. In relation to consultation on and involvement with the proposed local development plan, it stated that the council would seek to involve the following: Angus councillors and chief officers; community councils; community planning partnerships; other community groups; key agencies; local and national statutory and non-statutory agencies; private sector organisations; members of the public; any person or group who commented on the main issues report; and owners, lessees or occupiers of premises on the site of a local development plan proposal or allocation, 1 ANGUS LOCAL DEVELOPMENT PLAN or of premises on neighbouring land to a local development plan proposal or allocation where there would be a significant effect on the use and amenity of the neighbouring land. 4. The participation statement highlighted the following approaches which would be used by the council to facilitate engagement by these groups: • Committee reports • Web site • Online local development plan portal • Public notice • Media coverage • Documents available in paper and CD form • Documents available at all council libraries and ACCESS offices • Attendance at community planning partnership and community council meetings if requested • Neighbour notification • A fixed nine week period for objection or representation • Representations accepted via: o E-mail o Online development plan portal o Online objection form o Letter The council’s report on conformity with the participation statement 5. The report on conformity submitted to the examination by the council confirmed that it had undertaken the following approaches and methods to secure the engagement of interest parties specifically in respect of the proposed plan: • Prior approval of the proposed local development plan by councillors at the meeting of Angus Council on 11 December 2014. • Publication of the proposed plan on 27 February 2015 with a nine week period for representations. • Making available on the council’s web-site copies of the proposed plan and of associated and supporting documents, together with an interactive comments form. • The published documents were made available for inspection at all Angus Council Libraries, ACCESS Offices, and at the council’s offices at County Buildings and Angus House, Forfar. • Printed copies were made available for purchase, with CD versions available free of charge. • A number of key agencies, including the Scottish Government, the Scottish Environment Protection Agency and Scottish Natural Heritage, and all Angus community councils were consulted directly on the proposed plan with consultation packs provided. • Around 750 consultees, including landowners, developers, agents and members of the public were notified of the publication of the proposed plan by letter or email. • Owners, lessees or occupiers of any premises on a site, or on land neighbouring a site proposed for development in the proposed plan were 2 ANGUS LOCAL DEVELOPMENT PLAN notified as were respondents to the main issues report. Around 2030 notification letters were issued to neighbours of sites allocated in the proposed plan, except for those sites already with planning permission and/or under construction. • Statutory public notices placed in the Dundee Courier on 27 February and 6 March 2015 provided details of how to access the proposed plan and supporting documents, the period for representations, and how to submit a representation. This information was also made available using the council’s Twitter and Facebook pages throughout the period for representations. • During this period, planning officers responded to a large number of information requests and attended meetings with members of the public, and local residents in Arbirlot. An offer to hold meetings with any community council was made at the Angus community councils' bi-annual meeting, but this was only taken up by Inveresk Community Council. • The council subsequently agreed to accept late representations up until 29 May 2015.