West Lothian Local Development Plan Development plan scheme: No. 6 – March 2014 westlothian.gov.uk 1 2 West Lothian Local Development Plan Development plan scheme: No. 6 – March 2014 Introduction This is the eighth Development Plan Scheme The development plan covering West Lothian (DPS) to be published by West Lothian Council. currently comprises the Strategic Development This latest version takes account of the approval Plan and the adopted West Lothian Local Plan 2009. by Scottish Ministers of the South East Scotland The Edinburgh and South East Scotland Strategic Development Plan (SDP) and the Strategic Development Plan Authority requirement to prepare supplementary guidance (SESplan) was designated by Scottish for housing. Ministers on 25 June 2008. It comprises City West Lothian Council is required, by law, to of Edinburgh, East Lothian, Fife, Midlothian, produce a Local Development Plan (LDP) for Scottish Borders and West Lothian councils. its area. In preparing the LDP the council will SESplan’s main role is to prepare and maintain engage and work with key stakeholders and the an up-to-date SDP for the Edinburgh and wider community. When adopted, the LDP will South East Scotland area. The SDP DPS No.5 replace the adopted West Lothian Local Plan. The was published by SESplan in early 2013. The LDP will require to conform to the SDP. The LDP, SDP itself was approved by Scottish Ministers will in time, help steer a sustainable growth path on 27 June 2013 with modifications and for West Lothian in the context of challenging supercedes the previous Edinburgh &the issues including the economic downturn and Lothians Structure Plan, the Fife Structure compliance with the Climate Change (Scotland) Plan (in part) and the Scottish Borders Act 2009. Structure Plan. A new DPS, DPS No.6 is expected to be produced by SESplan prior to 31 March this year. 3 What is a development plan scheme? West Lothian Council is required by law – the The DPS includes: Planning etc. (Scotland) Act 2006 – to prepare a summary of the new development a Development Plan Scheme (DPS) at least planning system; annually. The DPS sets out our programme a proposed updated timetable for for preparing and reviewing the LDP. We will preparing our LDP; update the DPS at least every year, to keep you a summary of what is involved at the informed about the LDP’s progress. This is the various stages of preparing the LDP; and eighth DPS that the council has approved. This latest version updates and rolls forward DPS a Participation Statement (PS), with information on when and how you can get No.5A and reflects changes to timescales in involved. taking forward the SDP which has had some impact on projected timescales for taking The Development Planning (Scotland) forward the LDP. Regulations 2008 requires the DPS timetabling information to specify the proposed year and month for the publication of our Main Issues Report (MIR), the publication of the Proposed LDP and its submission to Scottish Ministers. 4 What are development plans? The planning system impacts on us all, The projected plan period for the current SDP either directly or indirectly. There is a is 2009-2032. The plan will enable and steer statutory requirement on councils to prepare future development across the Edinburgh development plans which are the basis for city region. The SDP was approved by Scottish decision making on planning applications. They Ministers with modifications on 27 June 2013. contain a strategy for the future development Of particular importance are the modifications of an area and set out policies and proposals to requiring the preparation of supplementary guide the future development and use of land. guidance to identify the individual housing The topics are not set in legislation, but usually requirements for each LDP area. On 12 November cover issues like the environment, housing, built 2013 SESplan published draft supplementary heritage, transport and infrastructure, economic guidance for consultation. The consultation development, retailing, extraction of natural ended on 23 December 2013 and responses are resources, waste management and renewable now being assessed with a view to submission of energy development. the guidance to Scottish ministers for approval. The new development planning system, which The Scottish Ministers expect the supplementary was introduced in February 2009, will provide guidance to be adopted by June 2014. LDPs policy guidance on where and how development in the SESplan area cannot be submitted to will take place in West Lothian and elsewhere in Ministers until after the supplementary guidance Scotland and will be influenced by the following has been adopted. three key statutory documents (web links are Local Development Plans: these are produced provided where available): by the local planning authorities (i.e. West The Second National Planning Framework for Lothian Council) and set out more detailed Scotland (NPF2): this is produced by the Scottish policies and proposals to guide development. Government and sets out, at the national level, These plans, which are adopted by the council, the Scottish Government’s strategy for the must accord with the approved SDP (in the country’s development, in terms of how we case of city regions) and seek to implement are to develop our environment and includes requirements on a more detailed site-specific development proposals identified as schemes basis than exists within SDPs. The council’s Local of national importance. NPF2 was published in Development Plan webpage gives more details. December 2008. Supplementary Guidance: The SDP and The proposed NPF3, which will in time the LDP together will form the statutory supersede NPF 2, was laid before the Scottish development plan for West Lothian. In addition, Parliament on 14 January 2014. The council will Supplementary Guidance (SG) on a specific monitor any implications for West Lothian arising planning topic may be prepared and form part from this. of the statutory development plan, but only where it has been specifically identified as Strategic Development Plan: these will be required in an SDP or LDP. Proposed SG will be produced by Strategic Development Planning set out by the council in the Main Issues Report Authorities (SDPAs) which have been set up for the LDP. for Scotland’s four largest city regions. SDPs set out a long term (20 years or more) land use planning strategy indicating, in broad terms, where future development will be located and what is needed to deliver it. The South East Scotland Strategic Development Plan Authority (SESplan) comprises the City of Edinburgh, East Lothian, Fife, Midlothian, Scottish Borders and West Lothian councils. 5 What development plans do we have at the What are we going to do in the future? moment covering West Lothian? The Planning etc (Scotland) Act 2006 requires The approved development plan for the West West Lothian Council to establish a development Lothian area comprises the approved SDP, strategy for the future development of West which replaces the previous Edinburgh and Lothian in the form of a LDP. This must accord the Lothians Structure Plan 2015 and the West with the terms of the SDP for the Edinburgh and Lothian Local Plan 2009. South East Scotland City Region. West Lothian Local Plan There are various key stages, work streams and documents which are required as part of the LDP The West Lothian Local Plan was adopted by preparation process and these are illustrated the council on 13 January 2009 and replaced below: the adopted Bathgate area, Broxburn area, Calders area, Linlithgow area and Livingston Technical/background papers; local plans. Strategic Environmental Assessment (SEA); Equalities and Human Rights Impact Assessment; Habitats Regulations Appraisal (HRA) (proposed plan only); Monitoring Statement; Action Programme (proposed plan only); and Transport Appraisal. 6 Assessing the plans Preparing local development plans To make sure the LDP takes account of effects When we prepare LDPs, we need to follow on the environment and do not badly affect certain steps which are set out in Scottish European nature conservation sites or any Government regulations: particular social group, we will carry out the following assessments: We prepare and publish the Development Plan Scheme (DPS) A Strategic Environmental Assessment - this assessment makes sure that the plan takes full account of: We prepare and publish a monitoring report, a main issues report and an environmental report plant and animal life (flora and fauna); population and human health; We publish the proposed plan and soil, water and air; environmental report the climate; We make any changes that are necessary material assets (for example footpaths); cultural heritage; and We send the plan to Scottish Ministers the landscape. Historic Scotland, Scottish Natural Heritage (SNH) A reporter appointed by the Scottish and the Scottish Environment Protection Agency Government examines the proposed plan (SEPA), will closely examine this assessment and have provided comments on the council’s We publish the proposed plan with changes Scoping Opinion which was submitted to recommended by the reporter Scottish Ministers in early 2012. A habitats regulations appraisal (including We adopt the plan and publish the adopted appropriate assessment) - this assessment version considers any effects arising from development that there may be on important environmental We adopt and publish an action programme areas known as Natura 2000 sites (protected sites for plants and animals that are rare or in The progress of the LDP is dependent upon the danger). This involves looking at why the site is progress of the SDP. designated a Natura 2000 site and how it might be affected. We will work closely with Scottish Natural Heritage to prepare this assessment. A statement on the Habitats Appraisal will accompany the MIR and a full HRA will accompany the proposed plan stage of the LDP. An equalities and human rights impact assessment - this looks at how the plan might affect different groups in the community.