Planning and Environmental Appeals Division Telephone: 01324 696455 Fax: 01324 696444 E-mail: [email protected] Mr S Mearns Loch Lomond and the Trossachs National Park Authority Sent By E-mail Our ref: LDP-002-2 29 September 2016 Dear Mr Mearns PROPOSED LOCH LOMOND AND THE TROSSACHS LOCAL DEVELOPMENT PLAN THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANNING) (SCOTLAND) REGULATIONS 2008 SUBMISSION OF THE REPORT OF THE EXAMINATION We refer to our appointment by the Scottish Ministers to conduct the examination of the above plan. Having satisfied ourselves that the authority’s consultation and engagement exercises conformed with their participation statement, our examination of the plan commenced on 19 January 2016. We have completed the examination, and now submit our report. In our examination, we considered all 29 issues arising from unresolved representations which were identified by the authority. In each case, we have taken account of the original representations, as well as the authority’s summaries of the representations and the authority’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 authority and other parties. The responses received to the requests for additional information have been taken fully into account in preparing our report. 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 authority is now required to make the modifications to the plan as set out in our recommendations. The authority should also make any consequential modifications to the text or maps which arise from these modifications. Separately, the authority will require to make any necessary adjustments to the final environmental report and to the report on the appropriate assessment of the plan. 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 All those who submitted representations will be informed that the examination has been completed and that the report has been submitted to the authority. It will advise them that the report is now available to view at the DPEA website at: http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=117158 and at the authority’s office at [address] and that it will also be posted on the authority’s website. The documents relating to the examination should be retained on the authority’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 Richard Bowden Dilwyn Thomas 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 LOCH LOMOND AND THE TROSSACHS NATIONAL PARK AUTHORITY LOCH LOMOND AND THE TROSSACHS NATIONAL PARK LOCAL DEVELOPMENT PLAN EXAMINATION Reporters: Richard Bowden BSc (Hons) MPhil MRTPI Dilwyn Thomas BSc (Hons) MBA MRTPI Date of Report: 29 September 2016 CONTENTS Page No Examination of Conformity with Participation Statement 1 Issue 1 Introduction, Vision and Strategy 4 2 Callander Allocated Sites 12 3 Callander Long Term Sites 38 4 Arrochar and Succoth 52 5 Balloch 68 6 Aberfoyle 80 7 Balmaha 82 8 Crianlarich 88 9 Croftamie 93 10 Drymen 97 11 Gartmore 111 12 Gartocharn 115 13 Killin 120 14 Lochearnhead 122 15 St Fillans 124 16 Tarbet 127 17 Tyndrum 140 18 Overarching Policy 142 19 Housing Land Supply 151 20 Affordable Housing 157 21 Housing in the Countryside 165 22 Visitor Experience 173 23 Natural Environment 179 24 Habitat Regulations – Natura 188 25 Open Space and Community Facilities 192 26 Retail 195 27 Renewable Energy 197 28 Minerals 201 29 Sustainable Waste Management 204 PROPOSED LOCH LOMOND & THE TROSSACHS NATIONAL PARK LOCAL DEVELOPMENT PLAN Examination of Conformity with the Participation Statement 1. Section 19(4) of the 1997 Town and Country Planning (Scotland) Act (as amended) states that a person appointed to examine a proposed local development plan “is firstly to examine…the extent to which the planning authority’s actings with regard to consultation and the involvement with the public at large 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).” 2. Paragraph 110 of Circular 6/2013: Development Planning, indicates that in the assessment, the appointed person (the reporter) is only expected to refer to existing published documents such as the Participation Statement, the Statement of Conformity with this, and any representations relating to the authority’s consultation and public involvement activities. 3. The proposed Loch Lomond & the Trossachs National Park Local Development Plan was published and issued for consultation in May 2015. The Development Plan Scheme, which the council has clarified was then current, was published in August 2014. The Participation Statement is included at pages 10 and 11 of that Scheme. That section explains that community engagement is important in the planning process. It also sets out, in very broad terms, who is being consulted at key stages in the plan preparation process, along with a variety of engagement techniques. 4. Our examination is limited to a consideration of conformity with the engagement measures proposed in the Participation Statement for the proposed plan stage. The 2014 Participation Statement is principally aimed at community engagement in the period leading up to the publication of the proposed plan and its issuing for consultation. The Participation Statement set out in the 2015 Development Plan Scheme is more focused on community engagement for the proposed plan stage. However, the 2015 Scheme was published on 29 May 2015 and, while the National Park Authority Board approved the key measures to be used to engage the community at the proposed plan stage, on 28 April 2015, the 2015 Participation Statement did not become current until after the publication of the proposed plan and its issuing for consultation. 5. The 2014 Participation Statement contained relevant measures which could be applied to the proposed plan stage. These involved proposing to: 1. distribute information through the website, leaflets and Park Magazine; 2. disseminate information through community councils and local libraries; 3. hold events and exhibitions in places where people gather or visit; 4. place articles in local and community media; 5. attend public meetings and other community meetings and events; 6. make available interactive mapping; 7. offer drop in events; 8. offer direct staff contact through telephone and e-mail; 9. use social media: information feeds and sharing feedback through facebook, twitter, and instagram; 10. provide a range of ways for people to provide feedback and comments; 11. provide 3 you tube summary report videos; and 12. arrange youth engagement via primary and secondary schools. 1 PROPOSED LOCH LOMOND & THE TROSSACHS NATIONAL PARK LOCAL DEVELOPMENT PLAN 6. We note that the 2015 Participation Statement contained similar measures, but that the wording had been updated to take account of the fact that community engagement was now focused on the proposed plan. While it omitted the above measure relating to the provision of 3 you tube videos, they were still available throughout the consultation period for the proposed plan. It also did not refer to the proposal to involve primary schools and Planning Aid for Scotland in youth engagement, but the Park Authority carried out the measure itself in secondary schools. The 2015 Participation Statement added 2 measures relevant to community engagement at the proposed plan stage, which involved proposing to: a. provide updates at key stages to those who requested to receive updates or responded to the 2014 LIVE Park consultations; and b. notify site owners/agents and tenants of proposed development sites, and neighbours. 7. The Park Authority submitted a Statement of Conformity to Ministers along with the proposed plan. It sets out in detail the actions the Park Authority took in order to comply with the proposed consultation measures for the plan, using the measures contained in the 2015 Participation Statement. These actions included: updating the bespoke LIVEpark website to make it easier to access information; giving advance notice of the consultation on the proposed plan, and sending out e-mails to all those who asked to be kept informed of the plan process (300 people and organisations, such as, community councils); making available hard copies of the plan and supporting reports in libraries and National Park Offices, and on line; placing statutory planning advertisements and articles in local media; meeting community councils (when requested); holding locally advertised community drop-in events at Drymen, Callander, Balmaha, and Arrochar; producing weekly blog updates, tweeting, and posting on facebook; engaging with 3 secondary schools – Hermitage Academy, Helensburgh, Balfron High School, Balfron, and McLaren High School, Callendar; allowing the submission of representations on line; and notifying every property within at least 20 meters of a proposed development site in the proposed plan (804 letters were sent). 8. I note that the Statement of Conformity included one additional consultation action, which was not referred to in either the 2014 or the 2015 Participation Statements. This involved highlighting the LIVEpark consultation throughout the consultation period for the proposed plan, in the weekly newsletter of Planning Aid for Scotland.