Appendix 2: Sutherland Local Plan - Report to PED Committee 18 March 2009 Representations* received on Deposit Draft Local Plan *NB - Includes text of previous representation where appropriate. Representations* received on Deposit Draft Local Plan - November 28 2008 to January 23 2009 Consultation *NB - Includes text of previous representation where appropriate. Representee Comment Whole Policy Text WS General Comment Scottish Water In relation to the Local Plan Map Booklet, we welcome the inclusion of the table prepared for each settlement, suggesting the level of capacity for both water and sewerage treatment. A detailed assessment of the proposed site allocations provided in the map booklet has been undertaken in terms of capacity and future capacity1 of Scottish Water’s infrastructure to accommodate the level of development detailed within the local plan. The capacity data section in the map booklet appears to be consistent with our assessment and the planned future development of our infrastructure. Scottish Natural Heritage Master Planning and Design Statements SNH recommends that relevant PANs such as PAN83 Masterplanning, PAN68 Design Statements are referred to and their requirements consistently applied in relation to housing allocations within1 the Local Plan. DEPOSIT DRAFT NOV 08 RESPONSE - Not done – but para 2.6 1st b/p advises applicants to check the Scottish Government website for current PANs – which are listed in topic order – and SNH has no further comments on this. Scottish Natural Heritage Renewable energy, and some other development related issues will, SNH understands, be taken forward soon in policy terms through the Highland-wide Local Development Plan in order that they can be considered at the Highland rather than at any Area level. While SNH can appreciate the reasoning behind this, it does create1 potential confusion for those issues where it would be expected that a policy framework will be found in this Local Plan. Accordingly SNH recommends that a section is inserted towards the front of this Plan which sets out what issues of relevance for Sutherland will be included in the forthcoming Highland-wide Local Development Plan, with a brief interim policy commentary. SNH understands that this would include the following (if unable to be added to a modified version of this Local Plan): - Renewable energy spatial policy framework for large scale and community scale projects Marine fish farming spatial policy framework, including classification of the coast in terms of guidance in NPPG 13 Wild land areas Open space strategy AGLVs, especially citations DEPOSIT DRAFT NOV 08 RESPONSE - There is reference now to natural identity and heritage, and so despite no explicit reference to landscape, this representation is considered met. Paragraph 2.7 refers to HLDP, and that the SLP does not seek to cover pan-Highland and strategic issues. While it doesn’t specify such *Additional information in respect of representations received to previous drafts has been appended to the original representation, indicated as DEPOSIT DRAFT NOV 08 RESPONSE 13 March 2009 Page 1 of 197 Representee Comment Whole Policy Text WS General Comment issues as listed in SNH’s letter, it is acknowledged that these may be specified in the Development Plan Scheme to be prepared by the Council by March 2009. Scottish Natural Heritage SNH Position SNH welcomes many aspects of the local plan. In particular, it seeks to be a "user friendly" document that is as succinct as possible and also seeks to give local expression to the wider principles1 of sustainability. The importance of the natural heritage is recognised through the identification of features of international, national and local/regional importance. We commend the Council's work on the identification and mapping of features of local/regional importance. The importance of landscape character in seeking to accommodate housing sites and define settlement boundaries was recognised by the Council in the joint commissioning with SNH of a Housing Landscape Capacity Study for Sutherland. For many settlements and proposed allocations, SNH has no comments on the Local Plan approach. SNH understands that an appropriate assessment is required in respect of the provisions of the plan in line with the requirements of Article 6.3 and 6.4 of the Habitats Directive and that this has not yet been undertaken. SNH therefore objects to the proposals, as currently submitted, that are likely to have a significant effect on Natural sites, either alone or in combination . This objection will be reviewed once the required assessment has been undertaken. The main settlements of concern with regard to appropriate assessments are: Dornoch, Ardgay, Bonar Bridge, South Bonar Industrial Estate, Rosehall, Invershin. While our concerns are focussed on these settlements and the possible impact of the allocations on the River Oykel SAC, Dornoch Firth and Morrich More SAC and the Dornoch Firth and Loch Fleet SPA, the requirement for appropriate assessment needs to be considered throughout the Local Plan Area. All Dornoch allocations are likely to require Appropriate Assessments, individually and cumulatively in relation to their possible effect on the Dornoch Firth SAC and so SNH objects until the results of the Council ’s appropriate assessment can be considered. DEPOSIT DRAFT NOV 08 RESPONSE - This objection is sustained until a satisfactory appropriate assessment has been prepared by the Council. Historic Scotland General Comments Changes in Policy Background 1 We note the inclusion of NPPG 5 and 18 within the document but draw your attention to the recent changes in the policy background outlined below. •Scottish Planning Policy 23: Planning and the Historic Environment (SPP 23): This SPP supersedes and consolidates National Planning Policy Guidelines – NPPG 18: Planning and the Historic Environment and NPPG 5: Archaeology and Planning. It sets out the national planning policy for the historic environment and indicates how the planning system will contribute towards the delivery of Scottish Ministers’ policies as set out in the current Scottish Historic Environment Policy (see below). *Additional information in respect of representations received to previous drafts has been appended to the original representation, indicated as DEPOSIT DRAFT NOV 08 RESPONSE 13 March 2009 Page 2 of 197 Representee Comment Whole Policy Text WS General Comment •Scottish Historic Environment Policy (SHEP). This outlines Scottish Minister’s policies on the Historic Environment and is produced by Historic Scotland and available at http://www.historic-scotland.gov.uk/shep.pdf. Please note that SHEP supersedes the policy elements of Passed to the Future. Rider-French Consulting Thank you for asking for a comment on from Rider-French Ltd. On the devlopemnt plans for the centre of Rogart. May I reply on behalf of the company. 1 Rider-French moved to Rogart in 1982 in order to benefit from its excellent natural environment. After 25 years of very satisfactory activity in the community, the company has now re-located, a direct result of the inappropriate construction of unecessary windfarms acreoss East Sutherland and in Rogart parish itself, with the consequent destruction of this once excellent location. From the experience of the Windfarm planning process, it is clear that the council does not heed the results of public consultations but follows its own agenda regardless. I realise these comments are negative. *Additional information in respect of representations received to previous drafts has been appended to the original representation, indicated as DEPOSIT DRAFT NOV 08 RESPONSE 13 March 2009 Page 3 of 197 Representee Comment Chapter 02 IC 2.06 Scottish Natural Heritage Annex 1 SUTHERLAND LOCAL PLAN DEPOSIT DRAFT -WRITTEN STATEMENT SNH COMMENTS 1 Chapter 2 - Introduction and Context SNH recommends that section 2.6 at the beginning of the plan be strengthened to include specific reference to other relevant plans and strategies, including those of other agencies, to allow these to be considered as material considerations. This is included in the Wester Ross Local Plan (adopted June 2006) and so there is a significant inconsistency here. Whilst other plans and strategies are mentioned in a general sense in section 2.6, more details presently can only be found in the Environmental Review, and this would not be a working document once the Local Plan is adopted. It is therefore strongly recommended that a link should be made to a further appendix which lists and summarises the most significant plans and strategies which require to be taken into consideration. These would include: Core Path Plan Aquaculture framework plans The Sutherland Local Biodiversity Action Plan Caithness and Sutherland Peatlands Management Strategy Caithness and Sutherland Landscape Character Assessment (already included as Appendix 3) Sutherland Landscape Capacity Study: an analysis of housing potential (SLCS) SNH Natural Heritage Futures documents In addition, further cross-references can be made by noting relevant plans and strategies in the supporting text to policies. For example, PAN 83 Masterplanning (when issued) can be added to the supporting text for Policy 18, the Sutherland LBAP can be added to the supporting text for Policies 11-13 and the SLCS can be added to the supporting text for Policies 1, 3 and 16. DEPOSIT DRAFT NOV 08 RESPONSE - No list has been included in the Plan of other key strategies andplans. However we acknowledge that para 5.1.2 before