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Examination Report Planning and Environmental Appeals Division Telephone: 01324 696455 Fax: 01324 696444 E-mail: [email protected] Mr A McGuinness East Ayrshire Council Sent By E-mail Our ref: LDP-190-2 30 November 2016 Dear Antony McGuinness PROPOSED EAST AYRSHIRE 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 council’s consultation and engagement exercises conformed with their participation statement, our examination of the plan commenced on 30 November 2015. We have completed the examination, and now submit our report. In our examination, we considered all 155 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 require to hold one hearing session relating to issue 05 : Spatial Strategy – Transportation on 23 August 2016. 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. 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.dpea.scotland.gov.uk= abcde abc a www.gov.scot/Topics/Planning/Appeals 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 that the report is now available to view at the DPEA website at: http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=117032 and at the council’s office at The Johnnie Walker Bond, 15 Strand Street, Kilmarnock KA1 1HU and that it will also be posted on the council’s website at: https://www.east-ayrshire.gov.uk/PlanningAndTheEnvironment/Development- plans/LocalAndStatutoryDevelopmentPlans/EALDP-Proposed-Plan.aspx 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. Malcolm Mahony Lance R Guilford Sinead Lynch Martin Seddon REPORTER REPORTER REPORTER REPORTER 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.dpea.scotland.gov.uk= abcde abc a www.gov.scot/Topics/Planning/Appeals Planning and Environmental Appeals Division REPORT TO EAST AYRSHIRE COUNCIL PROPOSED EAST AYRSHIRE LOCAL DEVELOPMENT PLAN EXAMINATION Reporters: Malcolm Mahony BA(Hons) MRTPI Lance R Guilford DipTP MRTPI Sinéad Lynch BSc (Hons) MRTPI Martin Seddon BSc MPhil DipTP MRTPI Date of Report: 30 November 2016 CONTENTS Page No Examination of Conformity with Participation Statement 1 Issue 1 The Format of LDP policy text 3 2 The Preparation of a Minerals Local Development Plan 5 3 The wording of the LDP Vision 7 4 The Spatial Strategy General 11 5 The LDP Spatial Strategy - Transportation issues 16 6 Overarching Policy OP 1 30 7 Climate Change, Mitigation and Adaptation 34 8 Placemaking Kilmarnock 37 9 Placemaking Cumnock 42 10 Placemaking Galston 45 11 Placemaking Stewarton 48 12 Placemaking Dalmellington 51 13 Housing Land Supply 55 14 Policy RES 1: New Housing Developments 75 15 Policy RES 3: Affordable Housing 79 16 Policy RES 4: Housing in the Rural Protection Area 87 17 Policy RES 5: Housing in the Rural Diversification Area 90 Policy RES 6: Housing for Agricultural Workers: Rural Protection Area and 18 Rural Diversification Area 94 Policy RES 7: Housing for Other Rural Enterprises: Rural Protection Area 19 and Rural Diversification Area 97 20 Policy RES 8: Rural Housing Development 100 21 Policy RES 9: Conversions to Residential Use 102 22 Policy RES 11: Residential Amenity 104 23 Policy RES 13: Enabling Development 106 24 East Ayrshire Network of Centres 108 25 Policy TC 3: Small scale retail development in out of centre locations 111 Policy TC 6: Food and Drink, public houses, licensed clubs and hot food 26 takeaways 113 27 Policy IND 3: Business and Industrial Development in the Rural Area 115 28 Policy IND 4: Mixed Use Sites 119 29 Tourism Development 121 30 Policy TOUR 4: The Dark Sky Park 126 31 Policy TOUR 5: Galloway and Southern Ayrshire Biosphere 132 32 Heat Generation 135 33 Paragraph 6.1.8: Wind Energy 142 34 Spatial Framework: Paragraph 6.1.10 & Map 12 144 35 Strategic Capacity: Paragraphs 6.1.12-6.1.15 & Map 13 158 36 Community Benefits: Paragraphs 6.1.16 – 6.1.18 and Policy RE8 174 37 Policy RE1: Renewable Energy Developments 187 38 Policy RE3: Wind Energy Proposals over 50m in height 190 39 Policy RE4: The Cumulative Impact of wind energy proposals 196 40 Policy RE5: Wind Energy and the Landscape and Maps 14 & 15 201 41 Policy RE6: Smaller Scale Wind Energy Proposals 208 42 Policy RE7: Removal of Wind Turbines 211 43 Policy RE9: Financial Guarantees 214 44 Policy RE10: Compliance Monitoring 220 45 Schedule 1: Renewable Energy Assessment Criteria 223 46 Promoting Sustainable Transport 230 47 Policy T3: Transportation of Freight 234 48 Policy INF 3: Installation of Communications Infrastructure 236 49 Policy INF 5: Developer Contributions 238 50 Policy INF 7: Outdoor Sports Facilities 246 51 Approach to Waste Management 251 52 Policy WM 3: Sustainable Waste Management and New Developments 253 53 Policy WM 4: New Waste Management Infrastructure and Facilities 255 54 Policy WM6: Recovery or Disposal of Waste 261 55 Policy ENV 3: Conservation Areas 265 56 Policy ENV6: Nature Conservation 267 57 Policy ENV 7: Wild Land and Sensitive Landscape Areas 269 58 Policy ENV 8: Protecting and Enhancing the Landscape 273 59 Policy ENV 10: Carbon Rich Soils 277 60 Use of the wording ‘Presumption Against Development’ in the LDP 281 61 Policy ENV 11: Flood Prevention 283 62 Policy ENV 12: Water, Air, Light and Noise Pollution 287 63 Policy ENV 13: Contaminated Land 291 64 Schedule 6: Safeguarded Waste Management Facilities 293 65 Schedule 8: Public and Private Green Infrastructure/Open Space Standards 295 66 Site Specific Flood Risk Assessments and Other Requirements 307 67 Site 242H: Dalshalloch Woods, Auchlineck 311 68 Site 006B: Templeton Roundabout, Auchinleck 313 69 Site 007B: Highhouse Industrial Estate, Auchinleck 318 70 PROP 1: Auchinleck Cemetery 321 71 Non-inclusion of land to the south west of Auchinleck for residential purposes 323 72 Site 254B: Glen Catrine Bonded Warehouse, Catrine 326 73 Residential Development within Crookedholm 328 74 Site 361H: Main Road (South), Crookedholm 331 75 Crookedholm Settlement Boundary 333 76 Site 257H, Irvine Road, Crosshouse 335 77 Site 258H Kilmaurs Road Crosshouse 337 Non-inclusion of land at Gatehead Road, Crosshouse for residential 78 purposes or future growth area 339 79 Site 436H: Holmhead Hospital, Cumnock 343 80 Site 270B: Cumnock Business Park, Cumnock 346 81 Site 001MXD: Glaisnock Glen, Cumnock 348 82 Site 383M: Caponacre, Cumnock 352 83 Cumnock Town Centre Living Boundary 358 84 Non-inclusion of land at Skerrington Mill, Cumnock for residential purposes 360 85 PROP 5: Broomfield, Cumnock 362 86 Site 276H: Sillyhole, Dalmelington 385 Non-inclusion of land at Water of Coyle, Drongan for residential purposes or 87 future housing growth area 387 88 Non-inclusion of Land at Stewarton Road, Dunlop for residential purposes 391 89 Site 297H, Kilmaurs Road Fenwick 395 90 Site 405H: Dunselma, Fenwick 398 91 Site 406H Laigh Wylieland, Fenwick 400 92 Park and ride facilities in Fenwick 407 Non-inclusion of land at East Fenwick south of 406H Laigh Wylieland for 93 residential purposes 409 Non-inclusion of land at junction of Maunsheaugh Road and Main Road, 94 Fenwick for residential purposes 411 95 Non-inclusion of land at Waterslap, Fenwick for residential purposes 413 96 Non-inclusion of land to the south of Fulton's Crescent, Fenwick 415 97 Non-inclusion of land for residential purposes on Main Street, Fenwick 418 Non-inclusion of land for residential purposes to the north-west of Laigh 98 Fenwick 420 99 Non-inclusion of land at Stewarton Road (North) Fenwick 422 100 Non-inclusion of land at Weavers Court, Fenwick 426 101 Site 107H: Belvedere View, Galston 429 102 Future Growth Area 1: Galston 434 103 Non-inclusion of land at Harvestfield, Galston for mixed uses 436 104 Non-inclusion of land at Clockston Road, Galston for residential purposes 439 Non-inclusion of land to the north east and South of Galston for residential 105 and enabling purposes 442 Non-inclusion of Land for residential purposes and non-identification of a 106 settlement boundary at Auchencloigh,
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