PE1095/G Franck David Assistant Clerk to the Public Petitions Committee Tower 4, TG.01 The Scottish Parliament Holyrood EH99 1SP Dear Franck David, Public Petitions Committee response. Further to your email of 17th December regarding your request for a response to the petition received by your committee from the Pentland Hills Regional Park. Background information The designation of the Pentland Hills Regional Park was confirmed until September 1986, following the outcome of a public inquiry. The designation was made under section 48(A) of the Countryside (Scotland) Act 1967 .Initially the Pentland Hills Regional Park was operated by Lothian Regional Council who prepared a Subject Local Plan to guide the Pentland Hills Regional Park policies and management. The policies relevant to the Pentland Hills Regional Park contained within the former Lothian Regional Council’s Subject Local Plan were then incorporated into the local plans of the respective three unitary authorities. Pentland Hills Regional Park is currently covered by the City of Edinburgh Council’s Finalised Rural West Edinburgh Local Plan (2003); Midlothian Council’s Adopted Local Plan (2003) and the West Lothian Local Plan Finalised (2005). The aim of Regional Park designation is to cover extensive areas of land, in diverse ownership, where provision for public recreation is given a higher profile by establishing a co-ordinated framework for the integrated management of recreation with traditional land use in close collaboration with local interests. National Planning Policy Guidance (NPPG) 14 (s.21) states that Regional Parks play a valuable role in providing opportunities for urban populations to gain access to attractive areas of countryside for recreation and enjoyment of the natural heritage. The Pentland Hills Regional Park covers some 10,000 hectares of land, and although located to the immediate west of Edinburgh, straddles the local authority boundaries of the City of Edinburgh Council, Midlothian Council and West Lothian Council. Designations: A number if international., national and local designation are found within the Pentland Hills Regional Park. Designation Source Category V Protected Landscape International Union for Nature All national and regional parks in Conservation Scotland are listed Regional Park Countryside (Scotland)Act 1981 Lothian Regional Council, ratified by Scottish Office PE1095/G Site of Special Scientific Interest Wildlife and Countryside 3 sites , Balerno Common, North (Scotland) Act 1967 Esk and Logan Burn. Area of Great Landscape Value Edinburgh Council and Lothian Regional Council Country Park Lothian Regional Council 2 Country Parks at Bonaly and Wildlife and Countryside Hillend (Scotland) Act 1967 Ancient Scheduled Monument European Convention on the Scheduled list maintained by Protection of the Archaeological Scottish Executive through Heritage, Historic Scotland. 22 monuments Ancient Monuments and listed across the park. Archaeological Areas Act 1979 Regionally Important Geological RIGs Committee 2 sites listed, Torphn Quarry and Site The Howe The Pentland Hills Regional Park is visited by around 600,000 people annually with a constituency closer to 1,000,000 within an hour’s drive of the park. Recent extensive visitor surveys have indicated the principal purposes of visits being to enjoy the scenery, the peace, quiet and tranquil, rural character. Any deterioration in this amenity would have an impact on the quality of the visitor experience. A copy of the 2006 visitor survey is appended. Pentland Hills Regional Park Management Structure The City of Edinburgh Council is currently the managing authority of the Pentland Hills Regional Park under the terms of a Minute of Agreement between the three local authorities. The aims of the Pentland Hills Regional Park as set out in its designation order are: • To retain the essential character of the hills as a place for the peaceful enjoyment of the countryside; • Caring for the hills so that the landscape and the habitat is protected and enhanced; • Within this caring framework to encourage responsible public enjoyment of the hills; • Co-ordination of these aims so that the co-exist with farming and other land uses within the Pentland Hills Regional Park. The three local authority stakeholders, the City of Edinburgh. Midlothian and West Lothian Councils, have statutory powers and duties in relation to their constituent parts of the Pentland Hills Regional Park, in particular planning and development control and therefore they exercise significant influence over activities in the Pentland Hills Regional Park. A Regional Park Management plan was approved by the Pentland Hills regional Park Joint Committee in November 2007. It currently awaits adoption by the 3 constituent local authorities. This plan guides the management and development of the Pentland Hills regional Park for the next 10 years. It is attached in appendix 1. Pentland Hills Regional Park Policy Framework All matters pertaining to any windfarm or other development proposals may be discussed by the Pentlands Hills Regional Park Joint Committee, but decisions would be the responsibility of the respective planning PE1095/G committees of the constituent local authority. A number of key local, regional and national factors provide the context for the Pentland Hills Regional Park Plan and are against which any planning application is considered. • The Edinburgh and Lothians Structure Plan 2015:- o ENV 1 D: Regional and Local Natural and Built Environmental Interests. ENV 2 presumption against development in the green belt • Edinburgh City Local Plan Finalised (2007):- o Policy Os 4 : Pentland Hills Regional Park. • Rural West Edinburgh Local Plan (2003):- o Policy E9 : Pentland Hills Regional Park – Grouse Moor o Policy E10 :Pentland Hills Regional Park – Car Parks o Policy E11 : Pentland Hills Regional Park – Picnic Sites o Policy M2 : Environmental Constraints on Mineral o Extraction o Policy M7 : Renewable Energy. • Midlothian Local Plan (2003):- o RP 15 : Regional and Country Parks o RP 17(C) : Protecting Areas from Surface Mineral o Extraction o 05 o DP5 : Advertisements o DP8: Pentland Hills Regional Park (PHP 1 to PHP 9 o inclusive). • West Lothian Local Plan (2005):- o Policy ENV29 o Policy NWR23 o Policy NWR24. Other relevant local authority strategies and policies pertinent to the Pentland Hills Regional Park. City of Edinburgh, Midlothian and West Lothian Biodiversity Action Plans City of Edinburgh, Midlothian and West Lothian Access Strategies City of Edinburgh, Midlothian and West Lothian Core Path Plans. The Pentland Hills Regional Park is a significant and valuable landscape, access and biodiversity natural asset in South East Scotland. This is recognised through the protection provided through the various designations and planning policies covering the area. There is a presumption against incompatible development and that which does not retain the essential character of the hills. Current National strategies with key messages relevant to the future operation of the Pentland Hills Regional Park include: • SPP21 (Green Belts) makes a strong presumption against inappropriate development. • SPPG 15 (Planning for Rural Development) would need to consider any development in the context of its support for rural development. PE1095/G • National Planning Policy Guidance (NPPG) 14 - which provides relevant guidance on how the Government’s policies for the conservation and enhancement of Scotland’s natural heritage should be reflected in land use planning. NPPG 14 acknowledges that the natural heritage is enjoyed both for its intrinsic value and as a setting for open-air recreational and educational activities which depend on its qualities. NPPG 14 states that Planning authorities should seek to identify opportunities for promoting the enjoyment and understanding of the natural heritage which are compatible with its conservation. Any proposed development within the Pentland Hills regional park would need to be measured against its potential impact on the aims inherent in NPPG 14. • The National Planning Framework for Scotland (2004) – which provides the context for all plans and strategies with a spatial dimension. The Framework recognises sustainable development and the importance of place as key drivers of change and also supports economic diversification and environmental stewardship. No strategic analysis has identified sites within the Pentland Hills Regional Park as suitable for windfarm development. • Scottish Forestry Strategy (2006) which shares many of the above aims and includes as a key principle “Integration with other land uses and businesses” with desired outcomes including a “high quality, robust and adaptable environment”. Any windfarm or other development could potentially remove the available land for forestry expansion. The Pentland Hills Regional Park is much valued by it constituency including farmers and landowners within the Regional Park, for its integrated and consensus seeking management approach. Any proposal for development within the Regional Park would be scrutinised against the policies set up to protect it and would need to be compatible with the aims for which the Regional Park was set up. Any change in planning policy at a national level would need to be reflected in local plans which guide management of the Regional Park in landscape, biodiversity access and development. The Regional Park would be happy to contribute, in collaboration with colleagues in planning authorities,