Appendix 2 - Schedule 4s Issues 1 - 80 Issue 1 Policy 01 - Settlement Areas Development Plan Reporter: Policy 01 Settlement Areas (Para 3.3, Pages 10,12) Reference: Body or person(s) submitting a representation raising the issue (including reference number): Mairi Mcgregor (281) Seil & Easdale Community Council (400) RSPB Scotland (540) Scottish Natural Heritage (SNH) (596) Scottish Environment Protection Agency (SEPA) (1038) Scottish Water (1068) Provision of the development plan Policy 01 - Settlement Areas to which the issue relates: Planning authority’s summary of the representation(s): Mairi Mcgregor (281) • Settlement areas deny the opportunity for families to build on their family home e.g. farm or Croft. Seil and Easdale Community Council (400) • Support this policy, the community wish to see development within existing settlements, keeping villages separate thus avoiding ribbon development. RSBP Scotland (540) • We object to point two relating to redevelopment of a brownfield site, as this places very little value on the biodiversity which brownfield sites can support. NatureScot (SNH) 596 • The inclusion of European sites within Settlement Areas creates a policy tension, any development outside existing curtilages of dwellings would result in habitat loss and other development impacts. These possible effects have not been assessed as part of the HRA Record accompanying the plan. To avoid this tension we recommend that settlement boundaries be modified to avoid the overlap with European sites, and the policy amended to make clear that development which may have an adverse effect on the integrity of a European site will not be permitted. Scottish Environmental Protection Agency(1038) • We would like to see a statement in the policy wording highlighting the fact that for development to be acceptable in any location either within or out with settlement areas, this will have to be subject to robust environmental risk assessments such as flood risk, peat management in the first instance. Scottish Water(1068) • Scottish Water supports sustainable growth in existing settlements where additional development can be more easily supported by existing infrastructure. Scottish Water also understands the need to support development in more rural areas. Modifications sought by those submitting representations: • Bullet point 2 should be removed or at least be amended to take into account of the biodiversity these sites can support and that development will only be granted permission after a proper assessment of the impact has been undertaken.(540) • The settlement boundaries of Portnahaven, Hynish, Claddach, and Balemartine should be revised in order to exclude European sites, and the wording of policy 01 adjusted to make clearer that development which would adversely effect the integrity of a European site will not be permitted (596) • We would like to see a statement in the policy wording highlighting the fact that for development to be acceptable in any location either within or out with settlement areas, this will have to be subject to robust environmental risk assessments such as flood risk, peat management in the first instance.(1038) Summary of responses (including reasons) by planning authority: Mairi Mcgregor (281) Monitoring of housing completions and assessments of housing need and demand indicate that the vast majority of local people are able to have their housing requirements met in settlements. Only a very small minority of local people have access to family farm or croft land. The settlement strategy seeks to deliver sustainable levels of growth by steering the majority of development in to our existing settlements as these are where most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found. The plan also allows for development in the countryside, where this is sustainable and of an appropriate scale, design, siting and use for its countryside location. The LDP 2 also supports development directly supporting existing agricultural units on appropriate sites in remote countryside areas. RSBP Scotland (540) The re-use of previously developed brownfield sites is a central tennent of Scottish Planning Policy (CD XXX para 40). These are generally in more central, accessible locations, and already served by existing infrastructure, the redevelopment of these areas also avoids loss of greenfield land and the important functions such areas can provide for biodiversity and ecosystem services. Policy 73 – Development Impacts on Habitats, Species and Biodiversity (paras 9.13- 9.16, page 96-97) applies to all developments including that on brownfield sites and provides for protection and enhancement of biodiversity. NatureScot (SNH) 596 The settlement boundaries at Portnahaven, Claddach, Balemartine and Hynish remain unaltered from the adopted Local Development Plan 2015 (CD XXX). The proposals maps show both the settlement boundaries and those of sites which have been designated as of international importance for nature conservation. Policy 74 of the Proposed Local Development Plan(CD XXX) applies to Development Impact on sites of international importance throughout the plan area and makes clear that development which would adversely affect the integrity of a European site will not be permitted. Scottish Environmental Protection Agency(1038) Policy 01 requires any development within settlements to comply with all other relevant LDP2 policies; these include Policy 57 which relates to Risk Appraisals. Reporter’s conclusions: Reporter’s recommendations: Issue 2 Policy 02 – Outwith Settlement Areas Development Plan Reporter: Policy 02 – Outwith Settlement Areas Reference: Body or person(s) submitting a representation raising the issue (including reference number): David Eaglesham (50) Historic Environment Scotland (HES) (136) Fair Planning & Design (140) Donna Bell (298) RES Group (338) Statkraft UK Limited (358) South West Mull and Iona Development (SWMID) (388) Seil & Easdale Community Council (400) Louis-Peter Moll (475) Beaton + McMurchy Architects Ltd (496) Martin Caldwell (507) Iona Community Council (532) RSPB Scotland (540) The Association for the Protection of Rural Scotland (549) Scottish Natural Heritage (SNH) (596) RES Group (623) Scottish Power Renewables (626) Scottish Hydro Electric Transmission plc (1005) Argyll Estates (1031) Julian Taylor (1036) Scottish Environment Protection Agency (SEPA) (1038) Coriolis Energy (1039) Scottish Water (1068) Provision of the development plan Spatial and Settlement Strategy to which the issue relates: Planning authority’s summary of the representation(s): Scales of appropriate development for business, industry, housing, retail, tourism and other forms of development in the Countryside should be specified (50); (140)’ LVIA too onerous a requirement for housing in open countryside. (50); (140); (496); (596);(1031) In addition to LVIA other assessments may be required e.g. impacts on the historic environment (136). Out of town developments may be okay if sustainable (298) Policy 02 should include renewable energy uses as acceptable in all three areas (338) The presumption in favour of sustainable development should apply to both Countryside and Remote Countryside Areas (358); (1039), The words “will only be acceptable” have negative connotations and should be replaced with “be permitted” (388). The policy should refer to the Councils aims of encouraging working age families to move or remain here. Greater clarity on the interpretation of landscape and visual impacts through design guides or examples of good practice should be provided. (507) The designation of Countryside Area for large parts of Iona is too permissive, and does not provide robust enough protection against inappropriate development. It needs to be made clear what weight will be given to Local Landscape Area, and Local Nature Conservation Sites or the boundaries of Remote Countryside and Countryside redefined (532). Concern over a flexible approach to development in the countryside as much of it is important for biodiversity including supporting species linked to SPA/SAC. Considers that areas of High Nature Value Countryside should be identified and that the requirement that “there will be no unacceptable adverse effect either individually or cumulatively on natural, built, and or cultural heritage resources…” should be applied to all areas outwith settlements. (540) Support for Policy 02 part C (549) A brief definition of Countryside Area and Remote Countryside, together with the mapping criteria used to differentiate them is recommended where these are first mentioned in the plan, rather than relying on the glossary. (596) Its important that the plan makes clear that the relevant policy requirements for environmentally sensitive areas (e.g. HRA), are not overridden by Policy 02 stated presumptions in favour of development. We do not think the caveats in the plan are clear enough and recommend additional text be added to the policy. It would also be helpful to point readers to the plans A1 maps which show mapping of European sites along side Countryside Areas, it may also be worth considering the inclusion of a new overview map of environmental sites which could have a bearing on development in the Countryside zone – as per the map on page 29 of LDP1.(596) In the Remote Countryside Areas environmental assessment in the absence of EIA should go beyond just considering the issue of landscape.(596) We are uncertain what “development required