Agenda Document Pack - Local Review Body - 29/02/2024
North Lanarkshire Council · 29 February 2024
Back to Local Review Body — 29 February 2024 and its agenda
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20 February 2024 Members of the Local Review Body Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Local Review Body is to be held in the Ravenscraig Suite, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Thursday, 29 February 2024 at 11:00 AM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Mark Hamill Clerk Telephone: 07811294702 Clerk Email: hamillm@northlan.gov.uk K Docherty, A Bustard, G Brennan, B Burgess, T Carragher, M Coyle, J Logue, A McVey, D Robb, A Smith. Page 1 of 184
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Extract of Relevant Policy Documents Submit Relevant Policy Documents to be used when determining the Planning Application 5 - 100 3 Planning Application 22/00274/FUL - Erection of Four dwellinghouses with parking and landscaping at 324 Morningside Road, Morningside, Newmains 3(a) Local Review Body Procedure 101 - 102 3(b) Decision Notice of 20 October 2023 103 - 108 3(c) Notice of Review 109 - 120 3(d) Report of Handling 121 - 128 3(e) Representations Received from Interested Parties 129 - 170 3(f) Planning Application : Planning Adviser Background Report 171 - 184 Page 3 of 184
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NORTH LANARKSHIRELOCAL DEVELOPMENT PLAN (ADOPTED JULY 2022) POLICY DOCUMENT Item 2 Page 5 of 184
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26 North Lanarkshire Local Development Plan Policy Document PROM LOC1 POLICY Regeneration Priorities North Lanarkshire Council will promote regeneration and sustainable growth, by applying the Policies in this Plan to deliver the right amount of development in the right places, developed to the right quality, and for the benefit of the communities they affect. Physical regeneration of the existing urban area and the Centres identified therein will be given priority. This Policy will be implemented in line with the priorities of the Council’s Ambition and Economic Regeneration Delivery Plan, which has a strong focus on area-wide regeneration and Clydeplan’s compact city-region model. Where appropriate, regeneration will be delivered through Town Centre and Area Action Plans, Masterplans and Locality Plans, in accordance with the priorities set out in the Purpose of Place Policies for each Land Use Character Area. Any development proposals will require to take into account all Promote and Protect Policies and the Council’s Regeneration Priorities: Business and Industry Housing Regeneration/Re−Provisioning Town Centre and Area Regeneration Infrastructure Development and Business Development, Housing Development and Regeneration Sites identified in this Plan. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. PROM LOC2 POLICY Business Development Sites North Lanarkshire Council will support and direct business development to the Strategic and Local Business Centres identified in the Plan and Industrial & Business Land Supply. This comprises of: • buildings and land located in the Strategic and Local Business Centres • Marketable/Potentially Marketable sites identified in the 2017 Industrial & Business Land Survey, • sites for specific uses, and • proposed business sites confirmed by Examination. The Industrial Land Survey 2017 Appendix lists all industrial sites, including the land supply. North Lanarkshire Council will support the development of the Visitor Economy, seek to strike an appropriate balance between the benefits from sustainable economic growth and any impacts arising that could compromise the character of North Lanarkshire and manage the type and scale of development through Policies AD 2C and PP 2C. Striking an appropriate balance between the benefits from sustainable economic growth and any impacts arising that could compromise the character of an area may require suitable mitigation. Purpose of Place Policies PP 2A, PP 2B and PP 2C indicate the uses deemed appropriate for each of these types of locations, with Amount of Development Policies AD 2A, AD 2B and AD 2C indicating the relevant scales of development and how development proposals will be considered by the Council. The Industrial & Business Land Supply identifies individual sites that are available for development. Those sites promoted in the Plan will be brought forward through consideration of applications for planning permission and/or in accordance with the Action Programme. Additional sites identified in the Industrial & Business Land Supply will be brought forward through consideration of applications for planning permission, subject to any specific restrictions that may be identified in the Area Strategies. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 6 of 184
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27 North Lanarkshire Local Development Plan Policy Document PROM LOC3 POLICY Housing Development Sites North Lanarkshire Council will provide a generous supply of land to maintain a minimum five-year effective housing land supply at all times for each Housing Sub-Market Area and the local authority area. Progress in meeting the Housing Supply Targets and Housing Land Requirements will be monitored using housing completions to date and the programming of the effective Housing Land Supply set out in agreed annual Housing Land Audits. The Housing Land Requirements are set out in the Appendices. Those sites promoted in the Plan will be brought forward through consideration of applications for planning permission and/or in accordance with the Action Programme. For proposals for housing development in General Urban Areas, Strategic Town Centres, Other Town Centres and Local Centres, please refer to Policies PP 1A, PP 1B, PP 1C, PP 3, AD 1A, AD 1B, AD 1C and AD 3. Any sites proposed outwith the parameters of Policy PROM LOC3 will only be supported if they accord with Policies PP 4, PP 5, AD 4 and AD 5 of this Plan. In the event of a shortfall in the five-year effective Housing Land Supply being demonstrated (by local authority area and/or Housing Sub-Market Areas), both brownfield and greenfield sites may be granted planning permission where it is demonstrated that the following criteria are satisfied: • the development will help to remedy the shortfall identified; • the development will contribute to sustainable development; • the development will be in keeping with the character of the settlement and the local area; • the development will not undermine Green Belt objectives; and, • any additional infrastructure required as a result of the development is either committed or to be funded by the developer. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 7 of 184
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28 North Lanarkshire Local Development Plan Policy Document PROM LOC4 POLICY Special Landscape Areas & Green Network Improvements North Lanarkshire Council will promote understanding and awareness of the distinctive character and special qualities of the designated Special Landscape Areas and the enhancement and development of Seven Lochs Wetland Park and the Green Network, as listed in Area Strategies. Any proposals affecting the Special Landscape Areas will be required to satisfy the provisions of all EDQ and PROT Policies. Special Landscape Areas are listed within Table 1 of Policy ID2. Any proposals affecting the Glasgow & the Clyde Valley Green Network in North Lanarkshire and other natural areas and green spaces that contribute to the health and quality of life of local communities will be required to satisfy the provisions of all EDQ and PROT Policies. Local level, small scale improvements will be delivered through specific North Lanarkshire Partnership Local Development Programme. Green Networks are a means of attracting people into their local natural environment by improving community access, recreation opportunities, and environmental and ecological quality close to and within communities. Green Networks, corridors and linkages are widely seen as a key mechanism for reversing the effects of fragmentation on biodiversity. Integrated blue-green infrastructure – green and blue features of the natural and built environment that are designed, integrated and managed to provide water management, access networks, habitat enhancement and open space functions – is also important. Such infrastructure delivers economies of environmental, economic and social multi-functionality unique to and within a single place. Green features include parks, woodlands, trees, play spaces, allotments, community growing spaces, outdoor sports facilities, churchyards and cemeteries, swales, hedges, verges, green roofs and gardens. Blue features include rivers, lochs, wetlands, canals, ponds, porous paving and sustainable urban drainage systems. Paths, cycleways and river corridors provide connections through and between areas of green infrastructure. Within North Lanarkshire, opportunity maps have been created for each of the four Green Network Priorities (Health and Wellbeing, Climate Change Adaption, Access to Greenspace, Habitat Connectivity). From this strategically important areas that represent the greatest opportunity for delivering each of the priorities was identified. These six locations known as Strategic Delivery Areas (SDA) for the Green Network are: • Broadwood (Climate Change Adaption, Habitat Connectivity) • Gartcosh (Climate Change Adaption, Access to Greenspace, Habitat Connectivity) • Holytown/Mossend (Health and Wellbeing, Climate Change Adaption, Access to Greenspace) • Ravenscraig (Health and Wellbeing, Climate Change Adaption, Access to Greenspace, Habitat Connectivity) • Gowkthrapple/Wishaw (Health and Wellbeing, Climate Change Adaption, Access to Greenspace, Habitat Connectivity) • Waterloo (Health and Wellbeing, Climate Change Adaption, Access to Greenspace, Habitat Connectivity) It should be noted that EDQ and PROT Policies may identify a requirement for provision of, or contribution towards the provision and maintenance of, Green Network infrastructure. Policy EDQ3 outlines how new development proposals may protect, enhance and manage existing Green Network infrastructure and, in key locations, provide new Green Network infrastructure. Temporary greening can be an appropriate way to create safe and attractive places until development comes on stream. The Council will support the use of temporary greening of unused or underused land as green infrastructure without prejudice to its future development potential being realised. Consideration will be given to whether greening may provide advance structure planting to create the landscape framework for any future development. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 8 of 184
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30 North Lanarkshire Local Development Plan Policy Document PROM ID1 POLICY Transport Improvements North Lanarkshire Council will support sustainable, multi-modal transport improvements identified and delivered through the: • National Transport Strategy • National Walking Strategy • Cycling Action Plan for Scotland • Regional Transport Strategy • Strategic Transport Projects Review • Glasgow City Region City Deal Infrastructure Fund • North Lanarkshire Transportation Strategy, including park & ride, car parks, and Safer Routes to School initiatives listed in Area Strategies • North Lanarkshire Walking and Cycling Strategy • Proposed Site Action Programmes • Contributions to Infrastructure Policy Developments not included in any of the above will be assessed for their contribution to modal shift in line with the sustainable modal hierarchy and current Strategies, in accordance with the EDQ Policies in this Plan. Current North Lanarkshire Transportation Strategy projects are listed in the Area Strategies. Glasgow City Region City Deal Infrastructure Fund projects are listed in the Area Strategies and, as appropriate to the location and scale of the project, delivery programmes will be prepared including details of the: • nature and scope of the infrastructure to be delivered • timescale within which the project will be delivered • legislative requirements and processes applying to the project, including any statutory requirements under the Environmental Assessment (Scotland) Act 2005 • requirements in relation to the provisions of the Policies of the Plan Any required mitigation in association with development sites will be delivered, as appropriate, through Action Programming or planning conditions or obligations and in accordance with the provisions of the Contributions to Infrastructure Policy. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 9 of 184
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31 North Lanarkshire Local Development Plan Policy Document PROM ID2 POLICY Utilities Improvements North Lanarkshire Council will support utilities development in principle, subject to the assessment criteria listed below and consideration of other Policies in the Plan, and encourage the use of capacity from heat producing sources for heat networks identified through the National Heat Map. Assessment Criteria for Utilities Development Where specified by this Policy, applicants will be expected to provide the identified appraisals, assessments or evidence (as outlined below) which should be submitted with any planning application to allow consideration of the proposal. In addition, all Planning Applications will be assessed for their suitability for being located in the Land Use Character Areas in which they are proposed in terms environmental qualities, as required by the PROT and EDQ Policies of this Plan. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Recycling centres vehicle charging points heat networks An assessment of the proposal’s: • Convenience to the public • Impact on visual amenity • Potential for noise and other disturbance • Impact on traffic and highway safety, and the ability of vehicles to operate safely. Potential heat producing sources for heat networks identified through the National Heat Map are listed in the Area Strategies. The Council encourages co-location of existing/proposed energy sources with high demand energy users. Waste The location being: • at an existing/previous waste management facility licensed by SEPA, • a designated Business Centre within an appropriate development site, • a site identified in the Plan. Waste developments will support the delivery of the Zero Waste Plan objectives. The facility would need to comply with the EU Waste Framework Directive, National Waste Plan, regional guidance and issues of need and impact. Consideration of transportation of waste being located close to users of heat and power in the case of Energy From Waste or Advanced Thermal Treatment facilities should be taken into account. Development for thermal treatment plants will meet the criteria set out in SEPA’s Thermal Treatment of Waste Guidelines. Renewable Energy The Council recognises that there is a range of means of generating renewable energy and will support, where appropriate, alternative technologies and associated infrastructure, subject to assessment against relevant legislation and all other Policies in the Plan. Planning Applications will be assessed for their suitability for being located in the Land Use Character Area in which they are proposed in terms of specific protection and environmental qualities, as required by the PROT and EDQ Policies of this Plan in particular. Proposals for renewable energy development must have regard to the considerations set out in Scottish Planning Policy paragraph 169. An assessment of the impact of proposed renewable energy generation development on features affected by the Protecting Assets Policies Categories A1, A2, A3, B1 and B2, in particular the integrity of World Heritage Sites, European sites, Historic Battlefield and peatlands, as well as more local considerations, should seek to address issues of scale, amenity, cumulative impact, community benefit and restoration. The Council will seek removal of operationally redundant generating equipment through a decommissioning process and the restoration of the location to the Council’s satisfaction, through planning conditions. Onshore Wind Energy A Regional Onshore Wind Spatial Framework for Wind Energy Development, was Approved as part of the Clydeplan Strategic Development Plan. To protect communities and internationally and nationally important environmental designations and resources, this identifies all areas outwith those with significant protection specified above that may have potential for wind farm development. The Landscape Capacity Study for Wind Turbine Development in Glasgow and the Clyde Valley – North Lanarkshire identifies landscape character areas across North Lanarkshire. The resultant spatial strategy is represented by Inset Maps 2, 4 and 5 shown in the Local Development Plan Map Book. The table below entitled “Scottish Planning Policy Spatial Framework Requirements – North Lanarkshire” is presented in compliance with Scottish Planning Policy Table 1, along with the Inset maps mentioned above. Page 10 of 184
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32 North Lanarkshire Local Development Plan Policy Document PROM ID2 POLICY Utilities Improvements Scottish Planning Policy Spatial Framework Requirements – North Lanarkshire Group Description Constraints defined by Scottish Planning Policy Constraints that apply to the North Lanarkshire Local Development Plan Area as shown on Insets 4 & 5 (Map Book pages) Group 1 Areas where wind farms will not be acceptable National Parks and National Scenic Areas N/A but Policy PROT A Category A2 allows for protection if any are designated in the future. Group 2 Areas of significant protection World Heritage Sites European and Ramsar Sites of Special Scientific Interest Frontiers of the Roman Empire – Antonine Wall Policy PROT B Category B1 (3.4, 3.5, 4.2, 4.3, 4.4 & 4.5) Special Protection Area Policy PROT A Category A1. Slamannan Plateau (4.6, 5.5, 5.6, 6.5 & 6.6) Special Areas of Conservation Policy PROT A Category A1. West Fannyside Moss (5.5 & 5.6) Black Loch Moss (7.7) North Shotts Moss (10.7) Clyde Valley Woods (13.6 & 14.6) Sites of Special Scientific Interest Policy PROT A Category A2. Corrie Burn (3.3) Dullatur Marsh (3.4,3.5 & 4.4) Slamannan Plateau (4.6, 5.5, 5.6, 6.5 & 6.6) West Fannyside Moss (5.5 & 5.6) Mollinsburn Road Cutting (6.3) North Bellstane Plantation (6.4 & 6.5) Longriggend Moss (7.6) Black Loch Moss (7.7) Woodend Loch (8.3) Lady Bell’s Moss (pages 8.6 & 9.6) Hassockrigg and North Shotts Mosses (9.7 & 10.7) Page 11 of 184
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33 North Lanarkshire Local Development Plan Policy Document PROM ID2 POLICY Utilities Improvements Special Landscape Areas National Nature Reserves Gardens and Designed Landscapes Inventory of Historic Battlefields Areas of Wild Land Carbon rich soils, deep peat and priority peatland habitats An area not exceeding 2km around cities, towns and villages identified on the Local Development Plan with an identified settlement envelope Hamilton Low Parks (11.3,11.4 &12.4) Garrion Gill (13.6 & 14.6) *Bishop Loch (*Glasgow City Council area, but adjacent to North Lanarkshire Council Area) Kilsyth Hills and Clyde Valley Special Landscape Areas. Policy PROT A Category A3. (1.3, 1.4, 2.2, 2.3, 2.4, 2.5, 3.2, 3.3, 3.4 & 3.5 and 12.4, 12.5, 13.4, 13.4, 14.5 & 14.6) N/A, but Policy PROT A Category A2 allows for protection if any are designated in the future. Gardens and Designed Landscapes N/A, but Policy PROT B Category B2 allows for protection if any are designated in the future Kilsyth Historic Battlefield (3.4, 3.5, 4.4 & 4.5) Policy PROT B Category B2 N/A Carbon rich soils, deep peat and priority peatland habitats Areas of carbon and peatland classes 1 and 2, as defined on the National Carbon and Peatland Map produced by NatureScot, and specified as part of Landscape Character Areas 18 and 20 in Landscape Capacity Study for Wind Turbine Development in Glasgow and the Clyde Valley -North Lanarkshire. An indicative area of 2km has been drawn around the urban area of North Lanarkshire and shown on Inset 5 in the Map Book. Group 3 Areas with potential for wind energy development No constraints defined by Scottish Planning Policy, equating to the area identified in Clydeplan Strategic Development Plan as a search area for wind farm development within North Lanarkshire. Notwithstanding, all such proposals subject to detailed consideration against all relevant legislation and Policies of the Plan and Policy ID2 Guidance - Renewable Energy. Page 12 of 184
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34 North Lanarkshire Local Development Plan Policy Document PROM ID2 POLICY Utilities Improvements It should be noted that the indicative area of 2km drawn around the urban area represents an area within which special consideration is required with respect to visual impact on communities. The actual extent of the area for consideration will depend on local topography, landscape character and the layout and built form. It is the responsibility of the developer to verify detailed boundaries in relation to the constraints identified on these maps. “The Landscape Capacity Study for Wind Turbine Development in Glasgow and the Clyde Valley – North Lanarkshire” sets the minimum scale of development that the Council’s strategy considers as single turbines of 15m ground-to-tip height and defines a wind farm as consisting of 6 or more single turbines. The sensitivity for wind turbine development varies depending upon. • Proximity to receptors (people) • Levels of intervisibility • Sensitivities of adjacent landscapes. In addition, for each of these defined landscape character areas, Table 6.1 of Landscape Capacity Study for Wind Turbine Development in Glasgow and the Clyde Valley - North Lanarkshire, describes the potential for and constraints on wind turbine development, of all scales, in terms of: • sensitivity of each landscape area to wind turbine development • capacity for different heights of turbines • capacity for different numbers of turbines • cumulative development impact • visual impact and • potential community benefit Telecommunications The Council seeks the submission of evidence as to how the proposed equipment: • will deliver new or enhanced connectivity to an area • fits into the wider network • complies with ICNIRP Radiation Guidelines Any assessment should also consider the cumulative effects of the proposed development in combination with existing equipment in the area. The Council will encourage telecommunications proposals that are in line with paragraphs 295 and 296 of Scottish Planning Policy and that: Share existing and new facilities, or use existing buildings or structures Are sited and designed to reduce visual and environmental impact. The Council will seek removal of operationally redundant communications installations and the restoration of the location to the Council’s satisfaction, through planning conditions. Page 13 of 184
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36 North Lanarkshire Local Development Plan Policy Document PROT PROTECTING ASSETS PROT A POLICY Natural Environment and Green Network Assets North Lanarkshire Council will protect natural and resilient sustainable places by safeguarding natural heritage assets. When considering future development affecting the natural environment and the specific Green Network Assets identified in this Policy, the Council will seek guidance where appropriate from NatureScot. NatureScot has produced a variety of policy and guidance documents for aspects of the natural environment which the Council will utilise and will expect developers to consider in preparing proposals. Site categories identified in this Policy are locations protected for their importance for species or habitats, or other environmental value. Category A1 International (Designated by NatureScot) Special Areas of Conservation / Special Protection Areas Development proposals likely to have a significant effect on a European site will be subject to an Appropriate Assessment. Where an Appropriate Assessment is unable to conclude that a development will not adversely affect the integrity of the site, development will only be permitted where there are no alternative solutions; there are imperative reasons of overriding public interest; and if compensatory measures are provided to ensure the overall coherence of the European site network is protected. Refer to Supplementary Planning Guidance 20 Biodiversity and Development for further information. Category A2 National Sites of Special Scientific Interest (Designated by NatureScot) Ancient Woodland Development that affects a Site of Special Scientific Interest will only be permitted where an appraisal has demonstrated: the objectives of the designated area and the overall integrity of the area would not be compromised; or any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by social or economic benefits of national importance. When assessing suitability for woodland creation, applicants should refer to the Clydeplan Forestry and Woodland Strategy. Applicants should adhere to the Scottish Government’s Control of Woodland Removal Policy with regards to any development proposal on land parcels containing woodland either in full or in part. Category A3 Local Sites Special Landscape Areas / Seven Lochs Wetland Park / Sites of Importance for Nature Conservation / Local Nature Reserves / Geodiversity Sites / Country Parks / Formal Town Parks / Community Parks / Tree Preservation Orders* / Core Paths* and Rights of Way* Planning permission will only be granted for proposals potentially affecting Local Sites if it can be demonstrated to the Council’s satisfaction that there will be no adverse impact or that any impacts can be mitigated in environmental terms relevant to the impact. Category A4 Urban Green Network Natural areas (including urban wildlife corridors, trees & woodlands, watercourses & wetlands and flood plains), outdoor sports facilities* and other green open spaces contributing to quality of life in local communities. The Council will maintain community wellbeing in residential areas by protecting the Urban Green Network. Planning permission will only be granted for proposals potentially affecting the Urban Green Network if it can be demonstrated to the Council’s satisfaction that there will be no adverse impact or that any impacts can be mitigated in environmental terms. Policy EDQ3 will outline how new development proposals may protect, enhance and manage existing Green Network infrastructure and, in key locations, provide new Green Network infrastructure. Outdoor sports facilities should not be redeveloped except where: • the proposed development is ancillary to the principal use as an outdoor sports facility or involves a minor part not affecting its use and potential for sport or training; • the outdoor sports facility would be replaced by a new or upgraded outdoor sports facility of comparable or greater benefit for sport and in a location convenient for its users; or • a playing field, or other relevant strategy prepared in consultation with sportscotland which demonstrates a clear excess of provision to meet current and anticipated future demand in the area, and the site could be developed without detriment to the overall quality of provision. Category A5 Protected Species* Development that significantly affects a species protected by law will only be permitted where an appraisal has demonstrated that the protected species would not be compromised; or any significant adverse effects on the protected species are mitigated through planning conditions or use of planning agreements to: facilitate protection of individual species members, reduce disturbance to a minimum and provide appropriate alternative habitats to sustain at least the current levels of the species locally. Not all locations important for species are identified. * Categories of assets indicated with an asterisk are not mapped on the Protect Map. Prior to applying for Planning Permission applicants should confirm that designations are still in effect prior to making an application. Page 14 of 184
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38 North Lanarkshire Local Development Plan Policy Document PROT PROTECTING ASSETS PROT B POLICY Historic Environment Assets North Lanarkshire Council will protect and create resilient sustainable places by safeguarding historic environment assets. When considering future development affecting categories of historic environment assets and their settings the Council will seek guidance where appropriate from Historic Environment Scotland. Historic Environment Scotland has produced a variety of policy and guidance documents for aspects of the historic environment which the Council will utilise and will expect developers to consider in preparing proposals. Development should avoid causing harm to the character or setting of sites protected for their historic environment value. Planning permission or any other relevant consent will only be granted for such sites where the character and appearance of the site and its setting, including any special interest or features of architectural or historic interest, is preserved and/or enhanced. Category B1 International Frontiers of the Roman Empire (Antonine Wall) World Heritage Site / Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Buffer Zones There will be a presumption against development which would have an adverse impact on the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site as defined on the Protection Map. There will be a presumption against development within the Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Buffer Zones which would have an adverse impact on the site and its setting, unless: mitigating action to the satisfaction of the Council in consultation with Historic Environment Scotland can be taken to redress the adverse impact; and there is no conflict with other Local Development Plan Policies. Category B2 National Gardens and Designed Landscapes in Scotland Development shall not impact adversely upon important views to, from and within them, or upon the site or setting of component features which contribute to their value. Scheduled Monuments Development shall preserve archaeological remains in situ and within an appropriate setting. Adverse impact on the integrity of the monument or its setting shall not be permitted unless there are exceptional circumstances. Historic Environment Scotland are responsible for granting Scheduled Monument Consent for works directly affecting a Scheduled Monument. Kilsyth Historic Battlefield Development should avoid causing harm to the character or setting of sites. Category A Listed Buildings Applications for Planning Permission in Principle are not normally considered appropriate for these historic environment assets. The layout, design, materials, scale, siting and use of any development shall be appropriate to the character and appearance of the listed building and its setting. There is a presumption against demolition or other works that adversely affect the special interest of a listed building or its setting. No listed building should be demolished unless it can be clearly demonstrated: that the building is not of special interest; or that the building is incapable of repair; or that the demolition of the building is essential to delivering significant benefits to economic growth for the wider community; or that the repair of the building is not economically viable and it has been marketed at a price reflecting its location and condition to potential restoring purchasers for a reasonable period. Historic Environment Scotland shall be formally notified of all proposals to demolish listed buildings to enable features to be recorded. Page 15 of 184
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39 North Lanarkshire Local Development Plan Policy Document PROT PROTECTING ASSETS PROT B POLICY Historic Environment Assets Category B3 Regional/Local Category B Listed Buildings* Category C Listed Buildings* Conservation Areas Canal Corridors Sites of Archaeological Interest Applications for Planning Permission in Principle are not normally considered appropriate for these Regional (Category B listed building) and Local (Category C listed building) historic environment assets. The layout, design, materials, scale, siting and use of any development shall be appropriate to the character and appearance of the listed building and its setting. There is a presumption against demolition or other works that adversely affect the special interest of a listed building or its setting. No listed building should be demolished unless it can be clearly demonstrated: that the building is not of special interest; or that the building is incapable of repair; or that the demolition of the building is essential to delivering significant benefits to economic growth for the wider community; or that the repair of the building is not economically viable and it is has been marketed at a price reflecting its location and condition to potential restoring purchasers for a reasonable period. Historic Environment Scotland shall be formally notified of all proposals to demolish listed buildings to enable features to be recorded. Development shall be consistent with any relevant Conservation Area appraisal or management plan, including the provisions of any Article 4 Direction. The designs, materials, scale, and siting of any development shall be appropriate to the character of the conservation area and its setting. Trees which are considered by the Planning Authority to contribute to the character and appearance shall be preserved (or replaced with a new tree if health reasons justify). Where an existing building (listed or not) contributes positively to the character of the Conservation Area, the presumption against demolition shall apply. Demolition should not begin until there is evidence of contracts being let for the approved development. Canal Corridors are important to the preservation and setting of the Forth & Clyde and Monkland Canals, which are protected as Scheduled Monuments. Development within the defined Canal Corridors shall be consistent with protecting this environment through the application of EDQ Policies. For Sites of Archaeological Interest, the aim should be to preserve in situ wherever feasible. The Council will weigh the significance of the archaeological resources and of any impacts upon them and their setting against other merits. An archaeological evaluation report may be required. Where demolition results in damage or destruction, the site shall first be appropriately recorded. The developer may be requested to supply an archaeological evaluation prior to determination of the planning application. Where the case for preservation does not prevail, the developer shall be required to make appropriate and satisfactory provision for archaeological excavation, recording analysis, publication and archiving in advance of development, and, at the developer’s expense. * Categories of assets indicated with an asterisk are not mapped on the Protect Map. Prior to applying for Planning Permission applicants should confirm that designations are still in effect prior to making an application. Page 16 of 184
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40 North Lanarkshire Local Development Plan Policy Document PROT PROTECTING ASSETS PROT C POLICY Mineral Resources North Lanarkshire Council will operate a presumption against proposals for development that would potentially sterilise valuable mineral resources. In line with National Policy the Council will safeguard the categories of mineral supplies specified below. However, applications for extraction of such resources will still require to be assessed on supply, environmental, social and economic impacts, and restoration criteria in guidance. Category C1 Construction Minerals Hard rock* Crushed rock aggregate* Sand & gravel* The Council will satisfy market demands by protecting construction mineral sites from alternative development where the loss of sites would affect the 10-year supply in the Strategic Development Plan area and directing proposals for extraction to extension areas within or adjacent to existing operational sites. The winning of construction minerals is not considered appropriate within the urban area and within the rural area will be directed to currently operational sites in the first instance. Any proposals for the winning of construction minerals from sites over 2ha in size will have to be assessed for the impact of the development on the strategic supply as defined in the Strategic Development Plan. All workable mineral resources which are of economic or conservation value will be safeguarded and in considering proposals for non-mineral development we will ensure that these are not sterilised by other development. There is existing Supplementary Planning Guidance SPG 11 Minerals relating to Assessing Planning Applications for Minerals. Revised Planning Guidance will be prepared to reflect any changes in advice from the Coal Authority and any changes in Scottish Planning Policy, Advice or Guidance. The revised Guidance will also set out assessment methods to ensure that there will be no significant adverse impacts from mineral extraction processes including unconventional fossil fuels, in terms of noise, vibration, dust, fumes and other impacts on the human or natural environment. Category C2 Fossil fuels Coal Unconventional fossil fuels The Council will satisfy market demands by directing new proposals for opencast extraction to the identified search areas and for unconventional fossil fuels to the licence areas. North Lanarkshire Council is bound by the current Scottish Government advice on dealing with planning applications for unconventional fossil fuel extraction. There is existing Supplementary Planning Guidance SPG 11 Minerals relating to Assessing Planning Applications for Minerals. The search areas defined in this guidance will be maintained along with the broad principles of assessment until revised Planning Guidance has been prepared to reflect any changes in advice from the Coal Authority and any changes in Scottish Planning Policy, Advice or Guidance. Revised Planning Guidance will also set out assessment methods to ensure that there will be no significant adverse impacts from mineral extraction processes including unconventional fossil fuels, in terms of noise, vibration, dust, fumes and other impacts on the human or natural environment. * Categories of assets indicated with an asterisk are not mapped on the Protect Map. Prior to applying for Planning Permission applicants should confirm that designations are still in effect prior to making an application. Page 17 of 184
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44 North Lanarkshire Local Development Plan Policy Document 1A Strategic Town Centres PP 1A POLICY Purpose of Place North Lanarkshire Council will support and encourage the provision of a range of appropriate uses and improvements to the physical environment to help maintain the role and function of the Strategic Town Centres and delivery of the Ravenscraig Masterplan and Town Centre Action Plans. Strategic Town Centres Airdrie Coatbridge Cumbernauld Motherwell Ravenscraig Wishaw In the Strategic Town Centres, high footfall generating uses are appropriate, where the infrastructure exists to support them and facilitate the movement of large numbers of people and neighbouring uses are assessed as being compatible. This accords with the sequential approach as defined in Scottish Planning Policy, in support of the Town Centres First Principle. 1st Strategic Town Centres, Other Town Centres and Local Centres 2nd Edge of Town Centre 3rd Commercial Centres 4th Out-of-Centre locations that are, or can be, made easily accessible by a choice of transport modes. Subject to the assessment thresholds set out in Policy AD 1A, these Use Classes stated in the Town and Country Planning (Use Classes) (Scotland) Order 1997, are deemed appropriate in our Strategic Town Centres: Class 1 shops, including sui generis: Sale or display of motor vehicles, Class 2 financial, professional and other services, including sui generis: Betting shops and Pay-day loan shops, taxi business, vehicle hire Class 3 food and drink, including sui generis: Public house, hot-food takeaway Class 4 business Class 5 general industrial Class 6 storage or distribution Class 7 hotels and hostels Class 8 residential institutions Class 9 houses, including sui generis: Flats Class 10 non-residential institutions Class 11 assembly and leisure, including sui generis: Theatre, amusement centres Identifying acceptable uses in each of the Strategic Town Centres does not imply permitted change between those uses. Changes of use, along with potentially ancillary uses, will be subject to assessment against legislation and other Policies in the Plan. The physical environment plays a vital role in the perception of overall attractiveness of our Strategic Town Centres as places to shop, invest, live and work. As such, proposals that seek to enhance the physical environment, for example, through streetscape works and regeneration initiatives are supported and encouraged. The Council’s Ambition intends that a coordinated approach be taken that is tailored to the individual characteristics of each centre. The best means of delivering this ambition is through Town Centre Action Plans. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 18 of 184
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45 North Lanarkshire Local Development Plan Policy Document 1A Strategic Town Centres AD 1A POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 1 shops 2 services 3 food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Renewable Energy Utilities Green Network Over 5,000 m2 subject to the Sequential Approach and the assessment of impact No assessment of amount of development is required Assessment of Appropriateness No assessment of amount of development is required Refer to Policies EDQ, PROM and PROT Where specified by this Policy applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. Proposals for developments of Class 1 with floor space over 5,000 m2 will be subject to the Town Centres First Sequential Approach and assessment of impact on the other Strategic Centres and Town Centres across the Glasgow city region network, as required by Clydeplan Strategic Development Plan. Through the Sequential Approach set out at Policy PP 1A the availability and suitability of alternative sites must be assessed and quantified. This accords with Scottish Planning Policy, guidance and practice. An assessment of impact will take the form of a Retail Statement, or Retail Assessment, outlining the effect of development on the network of centres. Any amount of Class 4 Business, Class 5 General Industrial, Class 6 Storage or Distribution will be subject to an Assessment of Appropriateness (see Policies PP 2A, PP 2B, PP 2C) of the development for Strategic and Local Business Centres. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 19 of 184
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46 North Lanarkshire Local Development Plan Policy Document 1B Other Town Centres PP 1B POLICY Purpose of Place North Lanarkshire Council will support and encourage the provision of a range of appropriate uses and improvements to the physical environment to help maintain the role and function of the Other Town Centres within the Network of Centres and support delivery of Town Centre Action Plans. Other Town Centres Bellshill Kilsyth Shotts In the Other Town Centres, high footfall generating uses are appropriate, where the infrastructure exists to support them and facilitate the transport of large numbers of people and neighbouring uses are assessed as being compatible. This accords with the sequential approach as defined in Scottish Planning Policy in support of the Town Centres First Principle. 1st Strategic Town Centres, Other Town Centres and Local Centres 2nd Edge of Town Centre 3rd Commercial Centres 4th Out-of-Centre locations that are, or can be, made easily accessible by a choice of transport modes. Subject to the assessment thresholds set out in Policy AD 1B, these Use Classes stated in the Town and Country Planning (Use Classes) (Scotland) Order 1997, are deemed appropriate in our Other Town Centres: Class 1 shops, including sui generis: Sale or display of motor vehicles, Class 2 financial, professional and other services, including sui generis: Betting shops and Pay-day loan shops, taxi business, vehicle hire Class 3 food and drink, including sui generis: Public house, hot-food takeaway Class 4 business Class 5 general industrial Class 6 storage or distribution Class 7 hotels and hostels Class 8 residential institutions Class 9 houses, including sui generis: Flats Class 10 non-residential institutions Class 11 assembly and leisure, including sui generis: Theatre, amusement centres Identifying acceptable uses in each of the Other Town Centres does not imply permitted change between those uses. Changes of use, along with potentially ancillary uses, will be subject to assessment against legislation and other Policies in the Plan. The physical environment plays a vital role in the perception of overall attractiveness of our Other Town Centres as places to shop, invest, live and work. As such, proposals that seek to enhance the physical environment, for example, through streetscape works and regeneration initiatives are supported and encouraged. The Council’s Ambition intends that a coordinated approach be taken that is tailored to the individual characteristics of each centre. The best means of delivering this ambition is through Town Centre Action Plans. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 20 of 184
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47 North Lanarkshire Local Development Plan Policy Document 1B Other Town Centres AD 1B POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 1 shops 2 services 3 food & drink 4 business 5 industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Renewable Energy Utilities Green Network Over 2,500 m2 subject to the Sequential Approach and the assessment of impact No assessment of amount of development is required Assessment of Appropriateness No assessment of amount of development is required Refer to Policies EDQ, PROM and PROT Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. Proposals for developments of Class 1 floor space over 2,500 m2 will be subject to the Town Centres First Sequential Approach and assessment of impact on the other Strategic Centres and Town Centres across the Glasgow city region network, as required by Clydeplan Strategic Development Plan. Within the Amount of Development Policy where there is reference to impact on Other Town Centres, this will take the form of a Retail Statement, or Retail Assessment, outlining the effect of development on the network of Mixed-Use Centres. Through the Sequential Approach set out at Policy PP 1B, the availability and suitability of alternative sites must be assessed and quantified. This accords with Scottish Planning Policy, guidance and practice. Any amount of Class 4 Business, Class 5 General Industrial, Class 6 Storage or Distribution will be subject to an Assessment of Appropriateness (see Policies PP 2A, PP 2B, PP 2C) of the development for Strategic and Local Business Centres. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 21 of 184
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48 North Lanarkshire Local Development Plan Policy Document 1C Local Centres PP 1C POLICY Purpose of Place North Lanarkshire Council will encourage a range of uses and a level of development in these Centres to meet the needs of their localities, whilst directing significant footfall generating uses in line with the Town Centres First Principle. Local Centres Abronhill Kirkwood Muirhouse Netherton Newarthill Balmalloch Bargeddie Blairgrove Carfin Orbiston Overtown Stane Stepps Thrashbush Calderbank Caldercruix Chapelhall Clarkston Cleland Condorrat Chryston Coatdyke Craigmarloch Harthill Holytown Tannochside Mossend Newmains Forgewood Gartsherrie Glenboig Whifflet Cambusnethan Glenmavis New Stevenston Local Centres (continued) Airbles Street, Motherwell Aitchison Street, Airdrie Calder Street, Coatbridge Craigneuk, Wishaw Eastfield, Cumbernauld Viewpark (Market Place) Cumbernauld Rail Station Cumbernauld Village Glenmanor Avenue, Moodiesburn Old Edinburgh Road, Viewpark Petersburn Four Isles Petersburn Glen Road Station Road, Shotts Stoneyetts Road, Moodiesburn Townhead, Coatbridge Logans Road, Motherwell Lorne Place, Coatbridge Manse Road, Motherwell Russell Colt Street, Coatbridge Katherine Park, Airdrie Hamilton Road, Bellshill Kenilworth Court, Cumbernauld Woodside Street, Coatbridge Local Centres provide a range of services and opportunities that reflect the communities they serve. Larger scale, high footfall generating uses are more appropriate in Town Centres, where the infrastructure exists to support them and facilitate the transport of large numbers of people and neighbouring uses. This accords with the sequential approach as defined in Scottish Planning Policy, in support of the Town Centres First Principle. 1st Strategic Town Centres, Other Town Centres and Local Centres 2nd Edge of Town Centre 3rd Commercial Centres 4th Out-of-Centre locations that are, or can be, made easily accessible by a choice of transport modes. Subject to the assessment thresholds set out in Policy AD 1C, these Use Classes stated in the Town and Country Planning (Use Classes) (Scotland) Order 1997, are deemed appropriate in our Local Centres: Class 1 shops, including sui generis: Class 2 financial, professional and other services, including sui generis: Taxi business, Betting shops and Pay-day loan shops Class 3 food and drink, including sui generis: Public house, hot-food takeaway Class 4 business Class 5 general industrial Class 6 storage or distribution Class 7 hotels and hostels Class 8 residential institutions Class 9 houses, including sui generis: Flats Class 10 non-residential institutions Class 11 assembly and leisure Identifying acceptable uses in each of the Local Centres does not imply permitted change between those uses. Changes of use, along with potentially ancillary uses, will be subject to assessment against legislation and other Policies in the Plan. All proposed development will also be subject to assessment against legislation and other Policies in the Plan. Page 22 of 184
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49 North Lanarkshire Local Development Plan Policy Document 1C Local Centres AD 1C POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 1 shops 2 services 3 food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Renewable Energy Utilities Green Network Over 500 m2 subject to the Sequential Approach and the assessment of impact Any amount of development - Assessment of Appropriateness Any amount of development subject to the Sequential Approach Use appropriate Any amount of development subject to the Sequential Approach and the assessment of impact Refer to Policies EDQ, PROM and PROT Where specified by this Policy applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. In accordance with the Town Centres First Principle and the limited size of the centres, any development of over 500 m2 (gross) floor space of Use Classes 1,2 and 3, identified in Policy AD 1C, will have to be assessed using the Town Centres First Sequential Approach and for their impact on Strategic Town Centres and Other Town Centres. Within the Amount of Development Policy where there is reference to impact on Local Centres this will take the form of a Retail Statement, or Retail Assessment, outlining the effect of development on the network of Mixed- Use Centres. Any amount of Class 4 Business, Class 5 General Industrial, Class 6 Storage or Distribution will be subject to an Assessment of Appropriateness (see Policies PP 2A, PP 2B, PP 2C) of the development for Strategic and Local Business Centres. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 23 of 184
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52 North Lanarkshire Local Development Plan Policy Document 2A Strategic Business Centres PP 2A POLICY Purpose of Place North Lanarkshire Council will encourage large scale business users to locate in our Strategic Business Centres and safeguard their character from dilution by other inappropriate uses and support upgrading of premises, amenities, access, parking and green space. Strategic Business Centres Eurocentral-Mossend- Newhouse Gartcosh-Kilgarth-Gartsherrie Ravenscraig Strathclyde-Righead-Bellshill Westfield, Cumbernauld Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. These Centres are of such a scale and location that they can accommodate a full range of Class 4 Business, Class 5 General Industrial and Class 6 Storage or Distribution uses. In addition, the introduction of a limited range of ancillary activities can be appropriate to maintain and support the operation of the Centres and their occupiers. Ancillary uses include limited retail, day- care nurseries and hotels to serve occupiers. Ancillary Development is development in the following classes that supports the operation of an existing use in the Centre, or the operation of the Centre, by providing uses at a scale appropriate to the Centre. • Class 1 Shops (Convenience) • Class 2 Financial and Professional Services • Class 3 Food and Drink including sui generis: hot-food takeaway • Class 7 Hotels and Hostels Assessment of Appropriateness of any proposal for ancillary development within the Business Centre in which it is proposed, should include a business plan or statement justifying that the development is designed to serve the Centre in which it is located. Strategic Business Centres are large-scale business investment centres, offering a full range of sites with good locations for major rail/motorway connections. Policy PP 2A recognises this and safeguards their Character from dilution by other, non-ancillary or inappropriate uses. Proposals for non-ancillary development or changes of use will generally not be supported, however, for any non-ancillary or high-footfall generating uses the following information should be supplied for assessment in justification of the suitability of this development for the Business Centre in which it is being proposed: • the Town Centres First Sequential Approach as defined in Policy PP1A. • a statement on the mix of uses, the scale and nature of existing development in the Business Centre (all proposals require to satisfy the provisions of Policy EDQ 1). • its impact on the attractiveness as a location for industry and business (all proposals require to satisfy the provisions of Policy EDQ 3). • evidence that there is a requirement for a building with use-specific characteristics (e.g. roof height, layout, security). • evidence that the proposal will result in economic benefit. • its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policy CI and Policy EDQ 3). All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 24 of 184
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53 North Lanarkshire Local Development Plan Policy Document 2A Strategic Business Centres AD 2A POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 1 shops comparison 1 shops convenience 2 services 3 Food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Construction minerals Renewable Energy Utilities Green Network Use not appropriate Ancillary - Assessment of Appropriateness and scale No assessment of amount of development is required Ancillary - Assessment of Appropriateness and scale of impact Use not appropriate Refer to Policies EDQ, PROM and PROT Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. If the proposed use is deemed appropriate, its scale has to be assessed. The Purpose of Place Policy 2A identifies Centres where development in Classes 4, 5 and 6 is deemed to support the purpose of those places and offer the best opportunity to meet the aims of those places. For Strategic Business Centres, this means any amount of development in Classes 4, 5 and 6. Assessment of amount of any proposal for ancillary development, or change of use within the Strategic Business Centre in which it is proposed should include, but not be limited to: • a statement on whether the proposal is an intensification of an existing use. • its impact on land supply for industry and business. • evidence regarding the existence of suitable alternative sites. • evidence regarding the re-use of vacant or underutilised industrial land. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Notes Ancillary Uses: See Purpose of Place Policy PP 2A for appropriate uses Use Classes in the above table do not include sui generis uses within any Class of development in terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997. Page 25 of 184
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54 North Lanarkshire Local Development Plan Policy Document 2B Local Business Centres PP 2B POLICY Purpose of Place North Lanarkshire Council will encourage small, medium and large sized enterprises to locate in our Local Business Centres, safeguard their character from dilution by other, inappropriate uses and support upgrading of premises, amenities, access, parking and green spaces. Local Business Centres Blairlinn-Lenziemill, Cumbernauld Brownsburn, Airdrie Buchanan Gate, Stepps Caldeen Road, Coatbridge Chapelhall Excelsior, Wishaw Flemington, Motherwell Greenhill, Coatbridge High Street, Shotts Shawhead and Carnbroe, Coatbridge Tannochside Wardpark North, Cumbernauld Wardpark South, Cumbernauld Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. These locations can accommodate a full range of Class 4 Business, Class 5 General Industrial and Class 6 Storage or Distribution uses. Ancillary Development is development in the following classes that supports the operation of an existing use in the Centre, or the operation of the Centre, by providing uses at a scale appropriate to the Centre. • Class 1 Shops (Convenience) • Class 2 Financial and Professional Services • Class 3 Food and Drink including sui generis: hot-food takeaway • Class 11 Assembly and Leisure Assessment of Appropriateness of any proposal for ancillary development within the Business Centre in which it is proposed, should include a business plan or statement justifying that the development is designed to serve the Centre in which it is located. Local Business Centres are primarily for small, medium and large sized enterprises to locate. Policy PP2B recognises this and safeguards their Character from dilution by other, inappropriate uses and support upgrading of premises, amenities, access, parking and green spaces. Proposals for non-ancillary development or changes of use will generally not be supported however, for any non-ancillary or high-footfall generating uses the following information should be supplied for assessment in justification of the suitability of this development for the Business Centre in which it is being proposed: • the Town Centres First Sequential Approach assessment as defined in Policy PP1A. • a statement on the mix of uses, the scale and nature of existing development in the Business Centre (all proposals require to satisfy the provisions of Policy EDQ 1). • its impact on the attractiveness as a location for industry and business (all proposals require to satisfy the provisions of Policy EDQ 3). • evidence that there is a requirement for a building with use-specific characteristics (e.g. roof height, layout, security). • evidence that the proposal will result in economic benefit. • Its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policy CI and Policy EDQ 3). All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 26 of 184
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55 North Lanarkshire Local Development Plan Policy Document 2B Local Business Centres AD 2B POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 1 shops comparison 1 shops convenience 2 services 3 Food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Construction minerals Renewable Energy Utilities Green Network Use not appropriate Ancillary - Assessment of Appropriateness and scale No assessment of amount of development is required Use not appropriate Ancillary - Assessment of Appropriateness and scale Use not appropriate Refer to Policies EDQ, PROM and PROT Where specified by this Policy applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. If the proposed use is deemed appropriate, its scale has to be assessed. Policy PP 2B identifies Centres where development in Classes 4, 5 and 6 is deemed to support the purpose of those places and offer the best opportunity to meet the aims of those places. For Local Business Centres, this means any amount of development in Use Classes 4, 5 and 6. Assessment of amount of any proposal for ancillary development, or change of use within the Local Business Centre in which it is proposed should include, but not be limited to: • a statement on whether the proposal is an intensification of an existing use • its impact on land supply for industry and business • evidence regarding the existence of suitable alternative sites • evidence regarding the re-use of vacant or underutilised industrial land All proposed development will be subject to assessment against legislation and other Policies in the Plan. Notes Ancillary Uses: See Purpose of Place Policy PP 2B for appropriate uses Use Classes in the above table do not include sui generis uses within any Class of development in terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997. Page 27 of 184
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56 North Lanarkshire Local Development Plan Policy Document 2C Visitor Economy Areas & Locations PP 2C POLICY Purpose of Place North Lanarkshire Council will support the provision of tourism and leisure facilities in the Visitor Economy Locations. Visitor Economy Areas Kilsyth Hills & Kelvin Valley Palacerigg Country Park, Cumbernauld North Lanarkshire Canals Drumpellier Country Park/Seven Lochs Wetland Park Strathclyde Country Park, Motherwell Visitor Economy Locations Auchinstarry, Kilsyth Broadwood, Cumbernauld Time Capsule, Coatbridge Summerlee, Coatbridge Ravenscraig Regional Sports Centre Wishaw Sports Centre Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. There are a number of facilities that are specifically designed to cater for leisure and tourism. Striking an appropriate balance between the benefits from sustainable economic growth and any impacts arising that could compromise the character of an area or location may require suitable mitigation. The introduction of a limited range of ancillary activities can be appropriate to maintain and support the operation of the Visitor Economy Locations. Ancillary uses include limited retail and hotels/accommodation, but any high-footfall generating, non-tourism uses will be subject to the Town Centres First Sequential Approach (1st Strategic Town Centres, Other Town Centres and Local Centres/ 2nd Edge of Town Centre/ 3rd Commercial Centres/ 4th Out-of-Centre locations that are, or can be, made easily accessible by a choice of transport modes). • Class 1 Shops, restricted to within existing or improved facilities • Class 3 Food and Drink, restricted to within existing or improved facilities • Class 7 Hotels and Hostels, accommodation occupancy restricted to non-permanent use • Class 9 Houses, accommodation occupancy restricted to non-permanent use • Class 11 Assembly and Leisure, restricted to within existing or improved facilities Assessment of appropriateness of any proposal for Visitor Economy development, development ancillary to the Visitor Economy Location, or change of use within the Visitor Economy Location in which it is proposed, should include, but not be limited to: • a business plan or statement justifying that the development is designed to serve the Visitor Economy Location in which it is located and that it has been assessed using the Town Centres First Sequential Approach, as defined in Policy PP1A. • a statement on the mix of uses, the scale and nature of existing development in the Land Use Character Area (all proposals require to satisfy the provisions of Policy EDQ 1). • its impact on the attractiveness as a Visitor Economy Location (all proposals require to satisfy the provisions of Policy EDQ 3). • evidence that there is a specific locational requirement for the proposal. • evidence that the proposal will result in significant economic benefit. • its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policy CI and Policy EDQ 3). With regard to any proposed development at Palacerigg Country Park, planning permission will only be granted if there would be no adverse effect on the integrity of the Slamannan Plateau SPA and/or West Fannyside Moss SAC, either alone or in combination with other plans or projects. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Page 28 of 184
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57 North Lanarkshire Local Development Plan Policy Document 2C Visitor Economy Areas & Locations AD 2C POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 1 shops comparison 2 services 3 Food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Construction minerals Renewable Energy Utilities Green Network Ancillary - Assessment of Appropriateness and scale Use not appropriate Ancillary - Assessment of Appropriateness and scale Use not appropriate Ancillary - Assessment of Appropriateness and scale Use not appropriate Ancillary - Assessment of Appropriateness and scale Use not appropriate Refer to Policies EDQ, PROM and PROT Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. Appropriateness refers to the nature and scale of the development and whether it would be more appropriate in a Land Use Character Area designated for the size and class of development proposed, or whether there are considerations which can be introduced to justify that the development is appropriate for a Visitor Economy Location. Assessment of amount of any proposal for ancillary development, or change of use within the Visitor Economy Area in which it is proposed should include, but not be limited to: • a statement on whether the proposal is an intensification of an existing use • its impact on land supplies • evidence regarding the existence of suitable alternative sites • evidence regarding the re-use of vacant or underutilised industrial land Development not meeting these requirements will not be supported. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Notes Ancillary Uses: See Purpose of Place Policy PP 2C for appropriate uses Use Classes in the above table do not include sui generis uses within any Class of development in terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997. Sequential Approach: 1st Strategic Town Centres, Other Town Centres and Local Centres/ 2nd Edge of Town Centre/ 3rd Commercial Centres/ 4th Out-of-Centre locations that are, or can be, made easily accessible by a choice of transport modes Page 29 of 184
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60 North Lanarkshire Local Development Plan Policy Document 3 General Urban Area PP 3 POLICY Purpose of Place North Lanarkshire Council seeks to maintain and improve the level of amenity in urban areas, by encouraging development that is in keeping with their residential character and encouraging diversity in more mixed-use areas. Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. General Urban Areas are either primarily residential in character, or have a mixture of recognisably urban uses. The aim of the Plan is to maintain and improve the level of amenity appropriate for the local context. Development in Classes 8 (Residential Institutions) and 9 (Houses) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 is deemed to support the purpose of those places and offer the best opportunity to meet the aims of those places. This will primarily be achieved through the provisions of the Environmental and Design Qualities Policies of the Plan, which will also be applied to all proposals for developments of Classes 8 and 9. The maintenance of the existing mix of other urban uses, or introduction of a limited range of ancillary uses and activities, outwith Classes 8 and 9, of an appropriate scale, within recognisably mixed use areas (see Assessment of Appropriateness below), can be appropriate to maintain and support the operation of the General Urban Area. An Assessment of Appropriateness submitted by the applicant in relation to any proposal for new development, ancillary development, or change of use, outwith Classes 8 and 9 and within the General Urban Area should include, but not be limited to: • a business plan or statement justifying that the development is ancillary development designed to serve the area in which it is located and that it has been assessed using the Town Centres First Sequential Approach, as defined in Policy PP1A. • a statement on the mix of uses, scale and nature of existing development in the General Urban Area (all proposals require to satisfy the provisions of Policy EDQ 1). • a statement on whether the proposal is an intensification of an existing use. • its impact on the attractiveness of the General Urban Area (all proposals require to satisfy the provisions of Policy EDQ 3). • evidence that there is a specific locational requirement for the proposal. • evidence that the proposal will result in significant economic benefit. • its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policy CI and Policy EDQ 3). All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 30 of 184
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61 North Lanarkshire Local Development Plan Policy Document 3 General Urban Area AD 3 POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (use class), scale and location of development. 1 shops 2 services 3 Food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Renewable Energy Utilities Green Network Any amount of development – impact on Strategic Town, Other Town and Local Centres and subject to Sequential Approach Any amount of development – Assessment of Appropriateness and scale Any amount of development – subject to Sequential Approach No assessment of amount of development is required Any amount of development – subject to a Sequential Approach Refer to Policies EDQ, PROM and PROT Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. Appropriateness (considered under the provisions of Policy PP3) refers to the nature and scale of the development and whether it would be more appropriate in a Character Area designated for the size and class of development proposed, or whether there are considerations which can be introduced to justify that the development is appropriate for the General Urban Area. If the proposed use is deemed appropriate under Policy PP3, its scale has to be assessed. In addition to the provisions of the Environmental & Design Qualities Policies, an assessment of the amount of development for any new proposal, ancillary development, or change of use within the General Urban Area should include, but not be limited to: • a statement on whether the proposal is an intensification of an existing use • its impact on land supplies • evidence regarding the existence of suitable alternative sites • evidence regarding the re-use of vacant or underutilised industrial land Development not meeting these requirements will not be supported. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Notes Use Classes in the above table do not include sui generis uses within any Class of development in terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997. Page 31 of 184
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64 North Lanarkshire Local Development Plan Policy Document 4 Green Belt PP 4 POLICY Purpose of Place North Lanarkshire Council will protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high quality environment, by promoting a Green Belt as defined on the Promote Map. North Lanarkshire Council will support developments for agriculture, forestry, recreation, or developments that need a non-urban location, including, where appropriate, Visitor Economy related development. Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. The purpose of the Green Belt is to protect the setting of communities, support regeneration by directing growth to urban areas, protect natural assets and provide a high quality environment. North Lanarkshire Council will encourage development appropriate for a Green Belt location by resisting development that is not for agriculture, forestry, recreation, tourism, or needs a Green Belt location, whilst allocating appropriate land for urban expansion. With regard to development that needs a Green Belt location, the need will be balanced against any adverse effects on the purposes of the Green Belt. Assessment of Appropriateness of any proposal for development (excluding Householder Development), or change of use, within the Green Belt, should include, but not be limited to: • support by a business plan, or statement justifying that the development is compatible with the Green Belt. • a statement that the proposal is not best suited to being located in a Centre, or General Urban Area, taking the Town Centres First Sequential Approach where appropriate. • a statement on the scale and nature of existing development in the Green Belt (all proposals require to satisfy the provisions of all EDQ Policies). • evidence that there is a specific locational requirement for the proposal. • evidence that the proposal will result in significant economic benefit. • its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policy CI and Policy EDQ 3). The Council will resist other forms of development, through the full range of Policies in the Plan. Any application for planning permission will be subject to appropriate assessment of its impacts through the limits defined in the Amount of Development policy. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 32 of 184
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65 North Lanarkshire Local Development Plan Policy Document 4 Green Belt AD 4 POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (Use Class), scale and location of development. 1 shops 2 services 3 Food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Construction Minerals Renewable Energy Utilities Green Network Any amount of development – impact on Strategic Town, Other Town and Local Centres and subject to Sequential Approach (Policy PP 4) Any amount of development – Assessment of Appropriateness (Policy PP 4) Any amount of development – subject to a Sequential Approach (Policy PP 4) To support Green Belt appropriate use. (Policy PP 4) Any amount of development – subject to a Sequential Approach (Policy PP 4) Any amount of development. If over 2Ha assess impact on strategic supply Refer to Policies EDQ, PROM and PROT Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. Appropriateness refers to the nature and scale of the development and whether it would be more appropriate in a Land Use Character Area designated for the size and class of development proposed, or whether there are considerations which can be introduced to justify that the development is appropriate for the Green Belt, supported by a business plan, or statement. Assessment of amount of any development, or change of use within the Green Belt should include, but not be limited to: • a statement on whether the proposal is an intensification of an existing use. • its impact on land supplies, including all housing proposals over 10 units on the Housing Land Supply. • evidence regarding the existence of suitable alternative sites. Development not meeting these requirements will not be supported. All proposals for housing of over 10 units should include an assessment of its impact on the Council’s Housing Land Supply, as required by Clydeplan Strategic Development Plan. Attention is also drawn to the requirements of PROM LOC3 POLICY Housing Development Sites. The winning of construction minerals is not considered appropriate within the urban area. Within the Green Belt and Countryside this will be directed to currently operational sites in the first instance. Any proposals for the winning of construction minerals from sites over 2Ha in size will have to be assessed for the impact of the development on the strategic supply as defined in the Strategic Development Plan. There is existing guidance on Assessing Applications for Minerals. The search areas defined in this guidance will remain the same under the Local Development Plan, along with the broad principles of assessment, but the guidance will be updated to reflect the policies of the Local Development Plan and any changes in Scottish Planning Policy, advice or guidance. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Notes Ancillary Uses: See Purpose of Place Policy PP 4 for appropriate uses Use Classes in the above table do not include sui generis uses within any Class of development in terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997. Sequential Approach: 1st Strategic Town Centres, Other Town Centres and Local Centres/ 2nd Edge of Town Centre/ 3rd Commercial Centres/ 4th Out-of-Centre locations that are, or can be, made easily accessible by a choice of transport modes Page 33 of 184
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68 North Lanarkshire Local Development Plan Policy Document 5 Countryside PP 5 POLICY Purpose of Place North Lanarkshire Council will support the Countryside, as defined on the Promote Map, by accommodating limited development such as Visitor Economy related development, extending existing businesses and settlements, and agricultural diversification. North Lanarkshire Council will resist pressure for sporadic and isolated development in the Countryside, protect and enhance local landscapes and encourage the creation of jobs and services to serve Countryside communities. Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. All of the uses that are appropriate in the Green Belt are appropriate in the Countryside. However, in addition to these, proposals for limited expansion of existing businesses and settlements, agricultural diversification and local job creation will be encouraged. Assessment of appropriateness of any proposal for development (excluding Householder Development), or change of use, within the Countryside, should include, but not be limited to: • support by a business plan, or statement justifying that the development is compatible with the Countryside. • a statement that the proposal is not best suited to being located in a Centre, or General Urban Area, taking the Town Centres First Sequential Approach, where appropriate. • a statement on the scale and nature of existing development in the Countryside (all proposals require to satisfy the provisions of all EDQ Policies). • evidence that the development is an expansion of an existing business and/or settlement in the Countryside. • evidence that the development is an expansion/replacement of an existing building or cluster of buildings in the Countryside (all proposals require to satisfy the provisions of all EDQ Policies). • evidence that there is a specific locational requirement for the proposal. • evidence that the proposal will result in significant economic benefit. • its impact on travel patterns and accessibility by sustainable modes of transport (all proposals require to satisfy the provisions of Policies CI, EDQ 1 and EDQ 3). Development not meeting these requirements will not be supported. The Council will resist sporadic or isolated development in the Countryside through the application of the full range of Policies in this Plan and any applications for planning permission will be subject to appropriate assessment of its impacts through the limits defined in the Amount of Development Policy. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 34 of 184
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69 North Lanarkshire Local Development Plan Policy Document 5 Countryside AD 5 POLICY Amount of Development Applications for planning permission for new development will be assessed for their implications related to the amount of development proposed. The need for an assessment depends on the combination of type (Use Class), scale and location of development. 1 shops 2 services 3 Food & drink 4 business 5 General industrial 6 Storage or distribution 7 hotels & hostels 8 residential institutions 9 houses 10 non- residential institutions 11 assembly & leisure Construction Minerals Renewable Energy Utilities Green Network Any amount of development – impact on Strategic Town, Other Town and Local Centres and subject to Sequential Approach (Policy PP 5) Any amount of development – Assessment of Appropriateness (Policy PP 5) Any amount of development – subject to a Sequential Approach (Policy PP 5) To support Green Belt appropriate use. (Policy PP 5) Any amount of development – subject to a Sequential Approach (Policy PP 5) Any amount of development. If over 2Ha assess impact on strategic supply Refer to Policies EDQ, PROM and PROT Where specified by this Policy, applicants will be expected to provide the identified appraisals or assessments, which should be submitted with any planning application to allow consideration of the proposal. In addition to those developments suitable for the Green Belt, the purpose of the designated Countryside is to encourage and accommodate limited development by extending existing businesses and settlements in the countryside and by supporting agricultural diversification and local job creation. The Council will resist sporadic or isolated development in the Countryside through the application of the full range of policies in this plan and any applications will be subject to appropriate assessment of its impacts through the limits defined in the Amount of Development Policy. Appropriateness refers to the nature and scale of the development and whether it would be more appropriate in a Land Use Character Area designated for the size and class of development proposed, or whether there are considerations which can be introduced to justify that the development is appropriate for the Countryside, supported by a business plan, or statement. Assessment of amount of any development, or change of use within the Countryside should include, but not be limited to: • a statement on whether the proposal is an intensification of an existing use. • its impact on land supplies, including all housing proposals over 10 units on the Housing Land Supply. • evidence regarding the existence of suitable alternative sites. • evidence regarding the re-use of vacant or underutilised industrial land. Development not meeting these requirements will not be supported. All proposals for housing of over 10 units has to include an assessment of its impact on the Council’s Housing Land Supply, as required by Clydeplan Strategic Development Plan. The winning of construction minerals is not considered appropriate within the urban area and within the Green Belt and Countryside will be directed to currently operational sites in the first instance. Any proposals for the winning of construction minerals from sites over 2ha in size will have to be assessed for the impact of the development on the strategic supply as defined in the Strategic Development Plan. There is existing guidance on Assessing Applications for Minerals (SPG 11). The search areas defined in this guidance will remain the same under the Local Development Plan, along with the broad principles of assessment, but the guidance will be updated to reflect the Policies of the Local Development Plan and any changes in Scottish Planning Policy, advice or guidance. All proposed development will be subject to assessment against legislation and other Policies in the Plan. Notes Ancillary Uses: See Purpose of Place Policy PP 5 for appropriate uses Use Classes in the above table do not include sui generis uses within any Class of development in terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997. Sequential Approach: 1st Strategic Town Centres, Other Town Centres and Local Centres/ 2nd Edge of Town Centre/ 3rd Commercial Centres/ 4th Out-of-Centre locations that are, or can be, made easily accessible by a choice of transport modes Page 35 of 184
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71 North Lanarkshire Local Development Plan Policy Document CI POLICY Contributions to Infrastructure North Lanarkshire Council will seek to secure developer contributions for new developments that, individually or cumulatively, generate a requirement for new or enhanced infrastructure or services, covering Affordable Housing in Cumbernauld Housing Sub-Market Area, and Education, Transport and Green Network Infrastructure, Amenity Space and Play across North Lanarkshire. Contributions to Infrastructure Policy Categories Where new development is proposed that, individually or cumulatively, generates a requirement for new or enhanced infrastructure or services in the categories listed, developers will be expected to contribute towards the provision of the required infrastructure, facilities and services. This will include any infrastructure to be provided in advance of development proposed in this Plan. Developer contributions will be sought through a legal agreement or planning condition and in accordance with the five tests of Circular 3/2012 – “Planning Obligations and Good Neighbour Agreements”, as outlined by the Scottish Government and in accordance with this Policy. Any information provided to developers by the Council before the application stage is only indicative, including the Action Programme for the delivery of those housing sites identified in this Plan. POLICY CI 1 Category Affordable Housing For proposed residential developments in the Cumbernauld Housing Sub-Market Area (as shown on Page 72 of the Policy Document) the Council seeks to secure 20% affordable housing provision in continuation of adopted Council Policy on the advice of the Council’s Housing Strategy Service. Justification is contained in the Affordable Housing Policy Background Report. Further Guidance is contained in the Council’s Affordable Housing Guidance. The Council will consider the requirement for the provision of affordable housing elsewhere on a case-by-case basis, where an identified need has been demonstrated. POLICY CI 1 Category Education For proposed residential developments the Council is seeking education infrastructure contributions, through Legal Agreements or planning conditions, based on adaptations and new builds within our Schools and Centres 21 Programme and the identified solutions to deal with the impact of all known future development within the catchment areas. This may include contribution(s) towards early-years provision, due to the increase in provision by 2020 outlined in the Children and Young People Act 2014. It should be noted that any potential need identified is based on known future housing provision and could be affected if additional units come forward as a result of housing sites that have not been identified through the Plan process. The Council will consider the requirement for contributions towards educational infrastructure for all new residential development proposals resulting in 5 or more dwellings, on a case-by-case basis, where an identified need has been demonstrated. Indicative conditions attached to any agreement will include the education authority retaining any payment for a period of 10 years or as otherwise agreed with the Council, following the completion of the final dwelling, after which time the payment would be returned to the applicant if not spent. Phased payments may be acceptable in most instances. Full details of any infrastructure and contribution requirements will be identified by the Council as Education Authority on a case-by-case basis through the Development Management process. POLICY CI 1 Category Transport Full details of any transport infrastructure will be identified by the Council as Transport Authority on a case-by-case basis through the Development Management process. For all forms of development the Council will secure the required on-site transportation infrastructure by planning condition and or legal agreement. For developments where off site provision is required but cannot be provided directly by the developer or group of developers the Council will seek contributions to the identified transport infrastructure. This will include, as required, areas where cumulative development requires joint infrastructure provision from developers. Forms of Transport infrastructure can include, road and public transport as well as active travel such as walking and cycling. POLICY CI 1 Category Green Infrastructure, Amenity Space and Play For all forms of development a contribution towards the creation of green infrastructure, amenity space and/or the provision of play infrastructure may be expected. For all forms of development the Council will secure the required on-site green infrastructure, amenity space and/or the provision of play infrastructure by planning condition and/ or legal agreement. For developments where off site provision is preferred or required but cannot be provided directly by the developer or group of developers the Council will seek contributions to the identified infrastructure. This will include, as required, areas where cumulative development requires joint infrastructure provision from developers. Full details of any infrastructure and contribution requirements will be identified through Green Network Opportunities Mapping prepared in conjunction with the Glasgow and the Clyde Valley Green Network Partnership, Clydeplan Strategic Delivery Areas and in consultation with North Lanarkshire Environmental Facilities Greenspace Development and/or Culture NL’s Play Imagineer. Contributions will be sought on a case-by-case basis, through the Development Management process. Any information provided by the Council before the application stage is only indicative, including the Action Programme for the delivery of those housing sites identified in this Plan. Page 36 of 184
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74 North Lanarkshire Local Development Plan Policy Document Environmental and Design Qualities EDQ EDQ 1 POLICY Site Appraisal Any proposed development will require to be appraised in terms of the site and its surroundings to ensure it will integrate successfully into the local area and avoid harm to neighbouring amenity. The matters to be addressed in the appraisal include but are not limited to: • massing, height, style, finishing materials of any building or buildings on the site and surrounding Land Use Character Area • orientation and topography of the site and surrounding Land Use Character Area • mixture of uses in the Land Use Character Area • building lines, plot ratios, groupings, types of enclosure (e.g. fences, walls, hedges), landmarks in the Land Use Character Area • public utilities, e.g. underground services (including the fibre network), drainage systems, overhead power lines • public services available locally, e.g. schools, public transport, play/recreation provision • accessibility by a range of sustainable transport modes • lighting - day, night, seasonal variation of use, security arrangements, informal supervision • ground stability and contamination on the site and surrounding Land Use Character Area • existence and quality of connections and access including site and building entrances, roads, paths and visuals on the site and surrounding Land Use Character Area • Green Network, landscape character and quality on the site and surrounding Land Use Character Area • impacts associated with the holistic water environment and flood risk • biodiversity of plants and animals on the site and surrounding Land Use Character Area • heritage, or amenity value of buildings or structures above or below ground on the site and surrounding Land Use Character Area • the character and scale of any building clusters in rural areas • the nature and types of features to be safeguarded or enhanced on the site and surrounding Land Use Character Area • requirement for any additional assessments on the site and surrounding Land Use Character Area • the potential for a proposed development (particularly business uses) to co-locate and integrate with existing or proposed energy and waste innovations • the potential for installation and operation of low and zero-carbon generating technologies in new, refurbished or re-purposed buildings. • the existence of and impact of or on “Bad Neighbour” Development on the site and surrounding Land Use Character Area. Bad Neighbour uses are defined in Statutory Instrument 1992 No.224 (S.18) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 Schedule 7. • in addition to the criteria set out here, proposals for renewable energy development must have regard to the considerations set out in Scottish Planning Policy paragraph 169 To achieve appropriate form and design and to allow consideration of the proposal, Planning Applications will require to be accompanied by an appraisal of the site and it’s surrounding Land Use Character Areas. The matters to be addressed in the appraisal include but are not limited to those specified in the Policy. Guidance on carrying out and the matters to be covered in an appropriate Site Appraisal can be found in: Scottish Planning Policy Planning Advice Notes Designing Streets Designing Places North Lanarkshire Council Supplementary Planning Guidance SPG 15 Good Design Toolkit With the exception of references to North Lanarkshire Local Plan Policies, Supplementary Planning Guidance currently in use remains in force and will be regularly reviewed to reflect changes in SPP, PAN other Government Guidance and best practice. Additional information may be required or Guidance referred to, depending on the type and scale of development, and may be identified in other Policies of this plan and discussed during the pre-application stage of the Development Management process. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 37 of 184
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75 North Lanarkshire Local Development Plan Policy Document Environmental and Design Qualities EDQ EDQ 2 POLICY Specific Features for Consideration The Council will consider development in areas subject to hazards (Hazardous Zones) and other specific features (utilities infrastructure and management areas) identified in this Policy, in accordance with plans and protocols of the relevant managing agencies. The Council will expect applications for Planning Permission to be accompanied by an assessment of how constraints affect sites dependant on the characteristics of the site, its surroundings and the form of development. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. CATEGORY EDQ 2A Hazardous Zones: HSE Hazard Consultation Zones Flood Risk* Contaminated Land* Ground Instability (coal mining)* The Council will manage development in areas that are subject to hazards and other potential site considerations in accordance with plans and protocols of the relevant managing agencies. The Health and Safety Executive, together with SEPA and NatureScot, is a statutory consultee for development proposals within the consultation distance of Major Hazard Sites/ Pipelines. These are neither listed, nor mapped. It is also a statutory consultee for modifications to existing establishments which could have significant repercussions on major accident hazards; or other forms of development where the siting of development is such as to increase the risk or consequences of a major accident. For flood-risk areas, development will be managed to allow implementation of the Water Framework Directive and the Flood Risk Framework set out in Scottish Planning Policy, the Clyde and Loch Lomond Local Plan District Local Flood Risk Management Plan and the Forth Estuary Local Flood Risk Management Plan (alongside the Flood Risk Management Strategies). Scottish Environmental Protection Agency’s Flood Maps can be used to identify areas of functional floodplain to help ensure a precautionary approach is taken to flood-risk from all sources taking account of the effects of climate change. SEPA is a statutory consultee in the planning process and applicants will always be advised to consult with SEPA on matters pertinent to flood-risk. North Lanarkshire Council has published guidance relating to the development of contaminated land, which can be accessed through the Council web site. Developers should consult this guidance when preparing their site appraisals and consult with the relevant section of the Council as required. Where a ground stability, or contamination appraisal identifies the need for any necessary mitigation measures, including treatment or remediation, development will only be permitted where those mitigation measures can be secured. CATEGORY EDQ 2B Utilities infrastructure: Pipelines* Cables The Council will manage development in areas where utility infrastructure requires to be protected or will limit development potential in accordance with plans and protocols of the relevant managing agencies. Applicants will always be advised to contact utility or infrastructure providers to obtain up to date advice on current requirements and standards. CATEGORY EDQ 2C Management areas Air Quality Management Areas (AQMA) Noise Management Areas* ( NMA) Development proposals should detail how any likely air quality, noise, or pollution impacts particularly in or adjacent to Air Quality or Noise Management Areas will be mitigated. An updated Air Quality Action Plan is being published by the Council and appropriate guidance developed in conjunction with NLC Protective Services will also be available through the Council website. Developers should consult with the relevant section of the Council as required. Supplementary Guidance will be prepared to set out the application of the Policy, including the approach taken to assessment of noise levels and mitigation. This will be developed in line with the requirements of national policy and guidance. Until Supplementary Guidance is available, the Council’s “Noise Guidance for New Developments”, which can be accessed through the Council web site, provides further advice on this issue. The relevant guidance is: Site specific – where the location of an application for planning permission is within an AQMA/NMA or buffer/influence zone Topic specific – where the development being proposed is something that raises potential AQMA/NMA issues * Categories of features indicated with an asterisk are not mapped on the Protect Map. Prior to applying for Planning Permission applicants should confirm that designations are still in effect prior to making an application. Page 38 of 184
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76 North Lanarkshire Local Development Plan Policy Document Environmental and Design Qualities EDQ EDQ 3 POLICY Quality of Development Development will only be permitted where high standards of site planning and sustainable design are achieved. Planning Applications will need to demonstrate that the proposed development takes account of the site appraisal carried out as a requirement of Policies EDQ 1 and, if appropriate, EDQ 2, assets protected under Policy PROT, any evaluation of design options, and achieves a high quality development in terms of: a. Establishing a clear vision for the site with design principles which lead to the creation of a distinct, successful place addressing: siting; overall layout; density; form; scale; height; massing; proportion; detailing; colour; materials. b. Providing a safe, pleasant, inclusive, convenient and welcoming development addressing: personal safety, security and crime prevention; adaptability (including, as appropriate, to the effects of Climate Change and for residential development for specialist provision); sustainable, safe, secure, and convenient access into and through the development that is easy to move around, attractive to pedestrians, cyclists, and people with disabilities; integration with public transport, green networks and wider links; sustainable access for cars where required, being safe for all road users, and appropriate parking or traffic calming being well located and integrated. c. Moving towards a low-carbon economy, addressing, resource efficiency, Mitigation of and Adaptation for the effects of Climate Change energy and waste issues in order to create a sustainable development with a low ecological footprint including: reducing energy need; promoting co-location of existing/proposed energy sources with high demand energy users and district heating networks for new developments; encouraging sustainable construction; promoting health and wellbeing; provision for electric vehicle charging points should be considered and provided where appropriate; reducing waste and resources used through effective storage collecting and composting of waste and recyclable materials, and measures that reduce CO2 emissions, where appropriate through the protection of carbon-rich soils, such as peatland and including the installation and operation of low and zero-carbon generating technologies in new, refurbished or re-purposed buildings to meet the following carbon dioxide emissions standards, as set out in Building Standards Technical Handbook Section 7: Aspect Silver Level 1 (at least 10% reduction) by 2025 and Aspect Gold Level 1 (at least 15% reduction) by 2030. d. Connection to the fibre optic network to ensure that next generation broadband speeds of 100 megabytes per second and above can be provided. e. Mitigating any likely air quality, noise, or pollution impacts particularly in or adjacent to Air Quality or Noise Management Areas. In some circumstances, mitigation may not always be possible and avoidance may be required. f. Ensuring that water body status is protected and, where possible, enhanced. Status includes physical characteristics, so proposals such as culverting will only be considered where no other practical option exists. Foul water should connect to the public sewer - alternatives to this will only be permitted where no public system exists and the alternative does not pose an environmental risk. Sustainable Urban Drainage Systems should be adopted within site design and appropriate details, including during the construction phase, require to be submitted with any relevant planning application. Buffer strips may be required in respect of the water environment between a development and each watercourse. g. Adequate provision has been made for the development and maintenance of landscaped open space areas and amenity space and play provision, and for linking to and enhancing open spaces and green networks. h. Existing features of Green Network or Historic Environmental interest or Resources, protected under the terms of the Protect Assets Policies, and including features (e.g. traditional stone buildings/structures) identified through the site appraisal required by Policy EDQ 1, will be safeguarded or enhanced. Page 39 of 184
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77 North Lanarkshire Local Development Plan Policy Document Environmental and Design Qualities EDQ EDQ 3 POLICY Quality of Development To achieve high standards of site planning and sustainable design and to allow consideration of the proposal, Planning Applications will require to take account of the Site Appraisal required by Policies EDQ 1 and, if appropriate, EDQ 2. Advice on creating Successful Places can be found in: Scottish Planning Policy Planning Advice Notes Designing Streets Designing Places North Lanarkshire Council Supplementary Planning Guidance SPG 15 Good Design Toolkit (in particular the Design Quality Checklist) Other Supplementary Planning Guidance of relevance are SPG 01 Landscaping and SPG 01A Landscaping Supplement SPG 02 Trees And Development, SPG 07 Green Belt, SPG 17 Accessibility For All, SPG 17 Accessibility Appendix as well as current open space and play area standards, minimum standards for space around houses and on minimum parking standards in new housing developments. In relation to the installation and operation of low and zero-carbon generating technologies in new, refurbished or re-purposed buildings reference should be made to current Building Regulations. For Guidance on specific matters relating to relevant EDQ 3 sections: e. Supplementary Guidance for noise will be developed. Until then, refer to Noise Guidance for New Developments. Also, refer to guidance for Air Quality. f. refer to - SPG 09 Flooding And Drainage g. refer to - SPG 01 Landscaping and SPG 01A Landscaping Supplement, current Open Space Guidelines and Minimum Space Standards (Play Provision) h. refer to - Guidance from NatureScot, Historic Environment Scotland, SPG 05 Rescuing Your Listed Building, SPG 20 Biodiversity, SPG 32 Antonine Wall, SPG 31 Conservation Areas, SPG 33 Archaeology The Council will seek to secure the aims of this Policy through planning conditions and obligations, as appropriate, depending on the merits of each proposal. With the exception of references to North Lanarkshire Local Plan Policies, Supplementary Planning Guidance currently in use remains in force and will be regularly reviewed to reflect changes in SPP, PAN, other Government Guidance and best practice. Additional information may be required or Guidance referred to, depending on the type and scale of development, and may be identified in other Policies of this Plan and discussed during the pre-application stage of the Development Management process. All proposed development will be subject to assessment against relevant legislation and all other Policies in the Plan. Page 40 of 184
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National Planning Framework 4 Revised Draft Laid before the Scottish Parliament on 8 November 2022 Page 41 of 184
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National Planning Framework 4 – Revised Draft 01 Contents Part 2 – National Planning Policy Sustainable Places 1. Tackling the climate and nature crises 2. Climate mitigation and adaptation 3. Biodiversity 4. Natural places 5. Soils 6. Forestry, woodland and trees 7. Historic assets and places 8. Green belts 9. Brownfield, vacant and derelict land and empty buildings 10. Coastal development 11. Energy 12. Zero waste 13. Sustainable transport Liveable Places 14. Design, quality and place 15. Local living and 20 minute neighbourhoods 16. Quality homes 17. Rural homes 18. Infrastructure first 19. Heat and cooling 20. Blue and green infrastructure 21. Play, recreation and sport 22. Flood risk and water management 23. Health and safety 24. Digital infrastructure Productive Places 25. Community wealth building 26. Business and industry 27. City, town, local and commercial centres 28. Retail 29. Rural development 30. Tourism 31. Culture and creativity 32. Aquaculture 33. Minerals Page 42 of 184
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Part 2 – National Planning Policy Sustainable Places Part 2 – National Planning Framework 4 – Revised Draft 36 National Planning Policy Tackling the climate and nature crises Policy Principles Policy 1 When considering all development proposals significant weight will be given to the global climate and nature crises. Local Development Plans: LDPs must address the global climate emergency and nature crisis by ensuring the spatial strategy will reduce emissions and adapt to current and future risks of climate change by promoting nature recovery and restoration in the area. Key policy connections: All other policies. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Policy Intent: To encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. Policy Outcomes: • Zero carbon, nature positive places. Page 43 of 184
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National Planning Framework 4 – Revised Draft 37 Part 2 – National Planning Policy Climate mitigation and adaptation Policy Principles Policy 2 a) Development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible. b) Development proposals will be sited and designed to adapt to current and future risks from climate change. c) Development proposals to retrofit measures to existing developments that reduce emissions or support adaptation to climate change will be supported. Local Development Plans: The LDP spatial strategy should be designed to reduce, minimise or avoid greenhouse gas emissions. The six spatial principles should form the basis of the spatial strategy, helping to guide development to, and create, sustainable locations. The strategy should be informed by an understanding of the impacts of the proposals on greenhouse gas emissions. LDPs should support adaptation to the current and future impacts of climate change by taking into account climate risks, guiding development away from vulnerable areas, and enabling places to adapt to those risks. Key policy connections: All other policies. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Policy Intent: To encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. Policy Outcomes: • Emissions from development are minimised; and • Our places are more resilient to climate change impacts. Page 44 of 184
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National Planning Framework 4 – Revised Draft 38 Part 2 – National Planning Policy Biodiversity Policy Principles Local Development Plans: LDPs should protect, conserve, restore and enhance biodiversity in line with the mitigation hierarchy. They should also promote nature recovery and nature restoration across the development plan area, including by: facilitating the creation of nature networks and strengthening connections between them to support improved ecological connectivity; restoring degraded habitats or creating new habitats; and incorporating measures to increase biodiversity, including populations of priority species. Policy 3 a) Development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature-based solutions, where possible. b) Development proposals for national or major development, or for development that requires an Environmental Impact Assessment will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. To inform this, best practice assessment methods should be used. Proposals within these categories will demonstrate how they have met all of the following criteria: i. the proposal is based on an understanding of the existing characteristics of the site and its local, regional and national ecological context prior to development, including the presence of any irreplaceable habitats; ii. wherever feasible, nature-based solutions have been integrated and made best use of; iii. an assessment of potential negative effects which should be fully mitigated in line with the mitigation hierarchy prior to identifying enhancements; iv. significant biodiversity enhancements are provided, in addition to any proposed mitigation. This should include nature networks, linking to and strengthening habitat connectivity within and beyond the development, secured within a reasonable timescale and with reasonable certainty. Management arrangements for their long- term retention and monitoring should be included, wherever appropriate; and v. local community benefits of the biodiversity and/or nature networks have been considered. c) Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. Applications for individual householder development, or which fall within scope of (b) above, are excluded from this requirement. d) Any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. This will take into account the need to reverse biodiversity loss, safeguard the ecosystem services that the natural environment provides, and build resilience by enhancing nature networks and maximising the potential for restoration. Policy Intent: To protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Policy Outcomes: • Biodiversity is enhanced and better connected including through strengthened nature networks and nature- based solutions. Page 45 of 184
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National Planning Framework 4 – Revised Draft 39 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Soils Forestry, woodland and trees Green belts Coastal development Energy Design, quality and place Blue and green infrastructure Flood risk and water management Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation Page 46 of 184
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National Planning Framework 4 – Revised Draft 40 Part 2 – National Planning Policy Natural places Policy Principles Local Development Plans: LDPs will identify and protect locally, regionally, nationally and internationally important natural assets, on land and along coasts. The spatial strategy should safeguard them and take into account the objectives and level of their protected status in allocating land for development. Spatial strategies should also better connect nature rich areas by establishing and growing nature networks to help protect and restore the biodiversity, ecosystems and natural processes in their area. Policy 4 a) Development proposals which by virtue of type, location or scale will have an unacceptable impact on the natural environment, will not be supported. b) Development proposals that are likely to have a significant effect on an existing or proposed European site (Special Area of Conservation or Special Protection Areas) and are not directly connected with or necessary to their conservation management are required to be subject to an “appropriate assessment” of the implications for the conservation objectives. c) Development proposals that will affect a National Park, National Scenic Area, Site of Special Scientific Interest or a National Nature Reserve will only be supported where: i. The objectives of designation and the overall integrity of the areas will not be compromised; or ii. Any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by social, environmental or economic benefits of national importance. All Ramsar sites are also European sites and/ or Sites of Special Scientific Interest and are extended protection under the relevant statutory regimes. d) Development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where: i. Development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified; or ii. Any significant adverse effects on the integrity of the area are clearly outweighed by social, environmental or economic benefits of at least local importance. e) The precautionary principle will be applied in accordance with relevant legislation and Scottish Government guidance. f) Development proposals that are likely to have an adverse effect on species protected by legislation will only be supported where the proposal meets the relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on a site or may be affected by a proposed development, steps must be taken to establish its presence. The level of protection required by legislation must be factored into the planning and design of development, and potential impacts must be fully considered prior to the determination of any application. Policy Intent: To protect, restore and enhance natural assets making best use of nature-based solutions. Policy Outcomes: • Natural places are protected and restored. • Natural assets are managed in a sustainable way that maintains and grows their essential benefits and services. Page 47 of 184
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National Planning Framework 4 – Revised Draft 41 Part 2 – National Planning Policy Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation g) Development proposals in areas identified as wild land in the Nature Scot Wild Land Areas map will only be supported where the proposal: i. will support meeting renewable energy targets; or, ii. is for small scale development directly linked to a rural business or croft, or is required to support a fragile community in a rural area. All such proposals must be accompanied by a wild land impact assessment which sets out how design, siting, or other mitigation measures have been and will be used to minimise significant impacts on the qualities of the wild land, as well as any management and monitoring arrangements where appropriate. Buffer zones around wild land will not be applied, and effects of development outwith wild land areas will not be a significant consideration. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Soils Forestry, woodland and trees Historic assets and places Green belts Coastal development Energy Design, quality and place Blue and green infrastructure Play, recreation and sport Flood risk and water management Rural development Tourism Page 48 of 184
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National Planning Framework 4 – Revised Draft 42 Part 2 – National Planning Policy Soils Policy Principles Local Development Plans: LDPs should protect locally, regionally, nationally and internationally valued soils, including land of lesser quality that is culturally or locally important for primary use. Policy 5 a) Development proposals will only be supported if they are designed and constructed: i. In accordance with the mitigation hierarchy by first avoiding and then minimising the amount of disturbance to soils on undeveloped land; and ii. In a manner that protects soil from damage including from compaction and erosion, and that minimises soil sealing. b) Development proposals on prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, as identified by the LDP, will only be supported where it is for: i. Essential infrastructure and there is a specific locational need and no other suitable site; ii. Small-scale development directly linked to a rural business, farm or croft or for essential workers for the rural business to be able to live onsite; iii. The development of production and processing facilities associated with the land produce where no other local site is suitable; iv. The generation of energy from renewable sources or the extraction of minerals and there is secure provision for restoration; and In all of the above exceptions, the layout and design of the proposal minimises the amount of protected land that is required. c) Development proposals on peatland, carbon- rich soils and priority peatland habitat will only be supported for: i. Essential infrastructure and there is a specific locational need and no other suitable site; ii. The generation of energy from renewable sources that optimises the contribution of the area to greenhouse gas emissions reductions targets; iii. Small-scale development directly linked to a rural business, farm or croft; iv. Supporting a fragile community in a rural or island area; or v. Restoration of peatland habitats. d) Where development on peatland, carbon-rich soils or priority peatland habitat is proposed, a detailed site specific assessment will be required to identify: i. the baseline depth, habitat condition, quality and stability of carbon rich soils; ii. the likely effects of the development on peatland, including on soil disturbance; and iii. the likely net effects of the development on climate emissions and loss of carbon. Policy Intent: To protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development. Policy Outcomes: • Valued soils are protected and restored. • Soils, including carbon-rich soils, are sequestering and storing carbon. • Soils are healthy and provide essential ecosystem services for nature, people and our economy. Page 49 of 184
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National Planning Framework 4 – Revised Draft 43 Part 2 – National Planning Policy drainage features; This assessment should inform careful project design and ensure, in accordance with relevant guidance and the mitigation hierarchy, that adverse impacts are first avoided and then minimised through best practice. A peat management plan will be required to demonstrate that this approach has been followed, alongside other appropriate plans required for restoring and/ or enhancing the site into a functioning peatland system capable of achieving carbon sequestration. e) Development proposals for new commercial peat extraction, including extensions to existing sites, will only be supported where: i. the extracted peat is supporting the Scottish whisky industry; ii. there is no reasonable substitute; iii. the area of extraction is the minimum necessary and the proposal retains an in-situ residual depth of part of at least 1 metre across the whole site, including iv. the time period for extraction is the minimum necessary; and v. there is an agreed comprehensive site restoration plan which will progressively restore, over a reasonable timescale, the area of extraction to a functioning peatland system capable of achieving carbon sequestration. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Historic assets and places Energy Blue and green infrastructure Rural development Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation Page 50 of 184
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National Planning Framework 4 – Revised Draft 44 Part 2 – National Planning Policy Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Soils Historic assets and places Green belts Energy Design, quality and place Local Living and 20 minute neighbourhoods Heat and cooling Blue and green infrastructure Play, recreation and sport Flood risk and water management Health and safety Tourism Forestry, woodland and trees Policy Principles Local Development Plans: LDPs should identify and protect existing woodland and the potential for its enhancement or expansion to avoid habitat fragmentation and improve ecological connectivity, helping to support and expand nature networks. The spatial strategy should identify and set out proposals for forestry, woodlands and trees in the area, including their development, protection and enhancement, resilience to climate change, and the expansion of a range of types to provide multiple benefits. This will be supported and informed by an up to date Forestry and Woodland Strategy. Policy 6 a) Development proposals that enhance, expand and improve woodland and tree cover will be b) Development proposals will not be supported where they will result in: i. Any loss of ancient woodlands, ancient and veteran trees, or adverse impact on their ii. Adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy; iii. Fragmenting or severing woodland habitats, unless appropriate mitigation measures are identified and implemented in line with the mitigation hierarchy; iv. Conflict with Restocking Direction, Remedial Notice or Registered Notice to Comply issued by Scottish Forestry. c) Development proposals involving woodland removal will only be supported where they will achieve significant and clearly defined additional public benefits in accordance with relevant Scottish Government policy on woodland removal. Where woodland is removed, compensatory planting will most likely be expected to be delivered. d) Development proposals on sites which include an area of existing woodland or land identified in the Forestry and Woodland Strategy as being suitable for woodland creation will only be supported where the enhancement and improvement of woodlands and the planting of new trees on the site (in accordance with the Forestry and Woodland Strategy) are integrated into the design. ecological condition; supported. Policy Intent: To protect and expand forests, woodland and trees. Policy Outcomes: • Existing woodlands and trees are protected, and cover is expanded. • Woodland and trees on development sites are sustainably managed. Page 51 of 184
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National Planning Framework 4 – Revised Draft 45 Part 2 – National Planning Policy Historic assets and places Policy Principles Local Development Plans: LDPs, including through their spatial strategies, should support the sustainable management of the historic environment. They should identify, protect and enhance valued historic assets and places. Policy 7 a) Development proposals with a potentially significant impact on historic assets or places will be accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. The assessment should identify the likely visual or physical impact of any proposals for change, including cumulative effects and provide a sound basis for managing the impacts of change. Proposals should also be informed by national policy and guidance on managing change in the historic environment, and information held within Historic Environment Records. b) Development proposals for the demolition of listed buildings will not be supported unless it has been demonstrated that there are exceptional circumstances and that all reasonable efforts have been made to retain, reuse and/or adapt the listed building. Considerations include whether the: i. building is no longer of special interest; ii. building is incapable of physical repair and re-use as verified through a detailed structural condition survey report; iii. repair of the building is not economically viable and there has been adequate marketing for existing and/or new uses at a price reflecting its location and condition for a reasonable period to attract interest from potential restoring purchasers; or iv. demolition of the building is essential to delivering significant benefits to economic growth or the wider community. c) Development proposals for the reuse, alteration or extension of a listed building will only be supported where they will preserve its character, special architectural or historic interest and setting. Development proposals affecting the setting of a listed building should preserve its character, and its special architectural or historic interest. d) Development proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation area and its setting is preserved or enhanced. Relevant considerations include the: i. architectural and historic character of the area; ii. existing density, built form and layout; and iii. context and siting, quality of design and suitable materials. e) Development proposals in conservation areas will ensure that existing natural and built features which contribute to the character of the conservation area and its setting, including structures, boundary walls, railings, trees and hedges, are retained. Policy Intent: To protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. Policy Outcomes: • The historic environment is valued, protected, and enhanced, supporting the transition to net zero and ensuring assets are resilient to current and future impacts of climate change. • Redundant or neglected historic buildings are brought back into sustainable and productive uses. • Recognise the social, environmental and economic value of the historic environment, to our economy and cultural identity. Page 52 of 184
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National Planning Framework 4 – Revised Draft 46 Part 2 – National Planning Policy f) Demolition of buildings in a conservation area which make a positive contribution to its character will only be supported where it has been demonstrated that: i. reasonable efforts have been made to retain, repair and reuse the building; ii. the building is of little townscape value; iii. the structural condition of the building prevents its retention at a reasonable cost; or iv. the form or location of the building makes its reuse extremely difficult. g) Where demolition within a conservation area is to be followed by redevelopment, consent to demolish will only be supported when an acceptable design, layout and materials are being used for the replacement development. h) Development proposals affecting scheduled monuments will only be supported where: i. direct impacts on the scheduled monument are avoided; ii. significant adverse impacts on the integrity of the setting of a scheduled monument are avoided; or iii. exceptional circumstances have been demonstrated to justify the impact on a scheduled monument and its setting and impacts on the monument or its setting have been minimised. i) Development proposals affecting nationally important Gardens and Designed Landscapes will be supported where they protect, preserve or enhance their cultural significance, character and integrity and where proposals will not significantly impact on important views to, from and within the site, or its setting. j) Development proposals affecting nationally important Historic Battlefields will only be supported where they protect and, where appropriate, enhance their cultural significance, key landscape characteristics, physical remains and special qualities. k) Development proposals at the coast edge or that extend offshore will only be supported where proposals do not significantly hinder the preservation objectives of Historic Marine Protected Areas. l) Development proposals affecting a World Heritage Site or its setting will only be supported where their Outstanding Universal Value is protected and preserved. m) Development proposals which sensitively repair, enhance and bring historic buildings, as identified as being at risk locally or on the national Buildings at Risk Register, back into beneficial use will be supported. n) Enabling development for historic environment assets or places that would otherwise be unacceptable in planning terms, will only be supported when it has been demonstrated that the enabling development proposed is: i. essential to secure the future of an historic environment asset or place which is at risk of serious deterioration or loss; and ii. the minimum necessary to secure the restoration, adaptation and long-term future of the historic environment asset or place. The beneficial outcomes for the historic environment asset or place should be secured early in the phasing of the development, and will be ensured through the use of conditions and/or legal agreements. o) Non-designated historic environment assets, places and their setting should be protected and preserved in situ wherever feasible. Where there is potential for non-designated buried archaeological remains to exist below a site, developers will provide an evaluation of the archaeological resource at an early stage so that planning authorities can assess impacts. Historic buildings may also have archaeological significance which is not understood and may require assessment. Page 53 of 184
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National Planning Framework 4 – Revised Draft 47 Part 2 – National Planning Policy Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Where impacts cannot be avoided they should be minimised. Where it has been demonstrated that avoidance or retention is not possible, excavation, recording, analysis, archiving, publication and activities to provide public benefit may be required through the use of conditions or legal/planning obligations. When new archaeological discoveries are made during the course of development works, they must be reported to the planning authority to enable agreement on appropriate inspection, recording and mitigation measures. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Forestry, woodland and trees Green belts Brownfield, vacant and derelict land and empty buildings Coastal development Energy Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Flood risk and water management Digital infrastructure Community wealth building City, town, local and commercial centres Rural development Tourism Culture and creativity Page 54 of 184
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National Planning Framework 4 – Revised Draft 48 Part 2 – National Planning Policy Green belts Policy Principles Local Development Plans: LDPs should consider using green belts, to support their spatial strategy as a settlement management tool to restrict development around towns and cities. Green belts will not be necessary for most settlements but may be zoned around settlements where there is a significant danger of unsustainable growth in car-based commuting or suburbanisation of the countryside. Green belts should be identified or reviewed as part of the preparation of LDPs. Boundary changes may be made to accommodate planned growth, or to extend, or alter the area covered as green belt. Detailed green belt boundaries should be based on evidence and should be clearly identified in plans. Policy 8 a) Development proposals within a green belt designated within the LDP will only be supported if: i) they are for: • development associated with agriculture, woodland creation, forestry and existing woodland (including community woodlands); • residential accommodation required and designed for a key worker in a primary industry within the immediate vicinity of their place of employment where the presence of a worker is essential to the operation of the enterprise, or retired workers where there is no suitable alternative accommodation available; • horticulture, including market gardening and directly connected retailing, as well as community growing; • outdoor recreation, play and sport or leisure and tourism uses; and developments that provide opportunities for access to the open countryside (including routes for active travel and core paths); • flood risk management (such as development of blue and green infrastructure within a “drainage catchment” to manage/mitigate flood risk and/or drainage issues); • essential infrastructure or new cemetery provision; • minerals operations and renewable energy developments; • intensification of established uses, including extensions to an existing building where that is ancillary to the main use; • the reuse, rehabilitation and conversion of historic environment assets; or • one-for-one replacements of existing permanent homes. and Policy Intent: To encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. Policy Outcomes: • Development is directed to the right locations, urban density is increased and unsustainable growth is prevented. • The character, landscape, natural setting and identity of settlements is protected and enhanced. • Nature networks are supported and land is managed to help tackle climate change. Page 55 of 184
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National Planning Framework 4 – Revised Draft 49 Part 2 – National Planning Policy location is not undermined; Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation ii) the following requirements are met: • reasons are provided as to why a green belt location is essential and why it cannot be located on an alternative site outwith the green belt; • the purpose of the green belt at that • the proposal is compatible with the surrounding established countryside and landscape character; • the proposal has been designed to ensure it is of an appropriate scale, massing and external appearance, and uses materials that minimise visual impact on the green belt as far as possible; and • there will be no significant long-term impacts on the environmental quality of the green belt. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Historic assets and places Brownfield, vacant and derelict land and empty buildings Energy Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Play, recreation and sport Flood risk and water management Digital infrastructure Business and industry Rural development Retail Tourism Minerals Page 56 of 184
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National Planning Framework 4 – Revised Draft 50 Part 2 – National Planning Policy Brownfield, vacant and derelict land and empty buildings Policy Principles c) Where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use. d) Development proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. Given the need to conserve embodied energy, demolition will be regarded as the least preferred option. Local Development Plans: LDPs should set out opportunities for the sustainable reuse of brownfield land including vacant and derelict land and empty buildings. Policy 9 a) Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. b) Proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Historic assets and places Zero waste Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Play, recreation and sport Health and safety Business and industry City, town, local and commercial centres Rural development Culture and creativity Policy Intent: To encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Policy Outcomes: • Development is directed to the right locations, maximising the use of existing assets and minimising additional land take. • The contribution of brownfield land to nature recovery is recognised and opportunities for use as productive greenspace are realised where appropriate. • Derelict buildings and spaces are regenerated to improve wellbeing and transform our places. Page 57 of 184
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National Planning Framework 4 – Revised Draft 51 Part 2 – National Planning Policy Coastal development Policy Principles Local Development Plans: LDP spatial strategies should consider how to adapt coastlines to the impacts of climate change. This should recognise that rising sea levels and more extreme weather events resulting from climate change will potentially have a significant impact on coastal and islands areas, and take a precautionary approach to flood risk including by inundation. Spatial strategies should reflect the diversity of coastal areas and opportunities to use nature- based solutions to improve the resilience of coastal communities and assets. LDP spatial strategies should identify areas of developed and undeveloped coast and should align with national, sectoral and regional marine plans. Policy 10 a) Development proposals in developed coastal areas will only be supported where the proposal: i. does not result in the need for further coastal protection measures taking into account future sea level change; or increase the risk to people of coastal flooding or coastal erosion, including through the loss of natural coastal defences including dune systems; and ii. is anticipated to be supportable in the long- term, taking into account projected climate change. b) Development proposals in undeveloped coastal areas will only be supported where they: i. are necessary to support the blue economy, net zero emissions or to contribute to the economy or wellbeing of communities whose livelihood depend on marine or coastal activities, or is for essential infrastructure, where there is a specific locational need and no other suitable site; ii. do not result in the need for further coastal protection measures taking into account future sea level change; or increase the risk to people of coastal flooding or coastal erosion, including through the loss of natural coastal defences including dune systems; and iii. are anticipated to be supportable in the long-term, taking into account projected climate change; or iv. are designed to have a very short lifespan. c) Development proposals for coastal defence measures will be supported if: i. they are consistent with relevant coastal or marine plans; ii. nature-based solutions are utilised and allow for managed future coastal change wherever practical; and iii. any in-perpetuity hard defense measures can be demonstrated to be necessary to protect essential assets. d) Where a design statement is submitted with any planning application that may impact on the coast it will take into account, as appropriate, long-term coastal vulnerability and resilience. Policy Intent: To protect coastal communities and assets and support resilience to the impacts of climate change. Policy Outcomes: • Coastal areas develop sustainably and adapt to climate change. Page 58 of 184
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National Planning Framework 4 – Revised Draft 52 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Energy Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Blue and green infrastructure Play, recreation and sport Flood risk and water management Rural development Tourism Aquaculture Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Page 59 of 184
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National Planning Framework 4 – Revised Draft 53 Part 2 – National Planning Policy Energy Policy Principles Local Development Plans: LDPs should seek to realise their area’s full potential for electricity and heat from renewable, low carbon and zero emission sources by identifying a range of opportunities for energy development. Policy 11 a) Development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include: i. wind farms including repowering, extending, expanding and extending the life of existing wind farms; ii. enabling works, such as grid transmission and distribution infrastructure; iii. energy storage, such as battery storage and pumped storage hydro; iv. small scale renewable energy generation technology; v. solar arrays; vi. proposals associated with negative emissions technologies and carbon capture; and vii. proposals including co-location of these technologies. b) Development proposals for wind farms in National Parks and National Scenic Areas will not be supported. c) Development proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities. d) Development proposals that impact on international or national designations will be assessed in relation to Policy 4. e) In addition, project design and mitigation will demonstrate how the following impacts are addressed: i. impacts on communities and individual dwellings, including, residential amenity, visual impact, noise and shadow flicker; ii. significant landscape and visual impacts, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/ or appropriate design mitigation has been applied, they will generally be considered to be acceptable; iii. public access, including impact on long distance walking and cycling routes and scenic routes; iv. impacts on aviation and defence interests including seismological recording; v. impacts on telecommunications and broadcasting installations, particularly ensuring that transmission links are not compromised; vi. impacts on road traffic and on adjacent trunk roads, including during construction; vii. impacts on historic environment; viii. effects on hydrology, the water environment and flood risk; ix. biodiversity including impacts on birds; x. impacts on trees, woods and forests; xi. proposals for the decommissioning of developments, including ancillary infrastructure, and site restoration; xii. the quality of site restoration plans including the measures in place to safeguard or guarantee availability of finances to effectively implement those plans; and xiii. cumulative impacts. Policy Intent: To encourage, promote and facilitate all forms of renewable energy development onshore and offshore. This includes energy generation, storage, new and replacement transmission and distribution infrastructure and emerging low-carbon and zero emissions technologies including hydrogen and carbon capture utilisation and storage (CCUS). Policy Outcomes: • Expansion of renewable, low-carbon and zero emissions technologies. Page 60 of 184
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National Planning Framework 4 – Revised Draft 54 Part 2 – National Planning Policy reduction targets. in perpetuity. In considering these impacts, significant weight will be placed on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions Grid capacity should not constrain renewable energy development. It is for developers to agree connections to the grid with the relevant network operator. In the case of proposals for grid infrastructure, consideration should be given to underground connections where possible. f) Consents for development proposals may be time-limited. Areas identified for wind farms are, however, expected to be suitable for use Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Soils Historic assets and places Green belts Infrastructure first Heat and cooling Community wealth building Policy impact: Just Transition Conserving and recycling assets Rebalanced development Page 61 of 184
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National Planning Framework 4 – Revised Draft 55 Part 2 – National Planning Policy Zero waste Policy Principles Local Development Plans: LDPs should identify appropriate locations for new waste management infrastructure to support the circular economy and meet identified needs in a way that moves waste as high up the waste hierarchy as possible. Policy 12 a) Development proposals will seek to reduce, reuse, or recycle materials in line with the waste hierarchy. b) Development proposals will be supported where they: i. reuse existing buildings and infrastructure; ii. minimise demolition and salvage materials for reuse; iii. minimise waste, reduce pressure on virgin resources and enable building materials, components and products to be disassembled, and reused at the end of their useful life; iv. use materials with the lowest forms of embodied emissions, such as recycled and natural construction materials; v. use materials that are suitable for reuse with minimal reprocessing. c) Development proposals that are likely to generate waste when operational, including residential, commercial, and industrial properties, will set out how much waste the proposal is expected to generate and how it will be managed including: i. provision to maximise waste reduction and waste separation at source, and ii. measures to minimise the cross- contamination of materials, through appropriate segregation and storage of waste; convenient access for the collection of waste; and recycling and localised waste management facilities. d) Development proposals for waste infrastructure and facilities (except landfill and energy from waste facilities) will be only supported where: i. there are no unacceptable impacts (including cumulative) on the residential amenity of nearby dwellings, local communities; the transport network; and natural and historic environment assets; ii. environmental (including cumulative) impacts relating to noise, dust, smells, pest control and pollution of land, air and water are acceptable; iii. any greenhouse gas emissions resulting from the processing and transportation of waste to and from the facility are minimised; iv. an adequate buffer zone between sites and sensitive uses such as homes is provided taking account of the various environmental effects likely to arise; v. a restoration and aftercare scheme (including appropriate financial mechanisms) is provided and agreed to ensure the site is restored; vi. consideration has been given to co-location with end users of outputs. e) Development proposals for new or extended landfill sites will only be supported if: i. there is demonstrable need for additional landfill capacity taking into account Scottish Government objectives on waste management; and ii. waste heat and/or electricity generation is included. Where this is considered impractical, evidence and justification will require to be provided. Policy Intent: To encourage, promote and facilitate development that is consistent with the waste hierarchy. Policy Outcomes: • The reduction and reuse of materials in construction is prioritised. • Infrastructure for zero waste and to develop Scotland’s circular economy is delivered in appropriate locations. Page 62 of 184
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National Planning Framework 4 – Revised Draft 56 Part 2 – National Planning Policy f) Proposals for the capture, distribution or use of gases captured from landfill sites or waste water treatment plant will be supported. g) Development proposals for energy-from-waste facilities will not be supported except under limited circumstances where a national or local need has been sufficiently demonstrated (e.g. in terms of capacity need or carbon benefits) as part of a strategic approach to residual waste management and where the proposal: i. is consistent with climate change mitigation targets and in line with circular economy principles; ii. can demonstrate that a functional heat network can be created and provided within the site for appropriate infrastructure to allow a heat network to be developed and potential local consumers have been identified; iii. is supported by a heat and power plan, which demonstrates how energy recovered from the development would be used to provide electricity and heat and where consideration is given to methods to reduce carbon emissions of the facility (for example through carbon capture and storage) iv. complies with relevant guidelines published by Scottish Environment Protection Agency (SEPA); and v. has supplied an acceptable decarbonisation strategy aligned with Scottish Government decarbonisation goals. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Brownfield, vacant and derelict land and empty buildings Energy Infrastructure first Heat and cooling Community wealth building Minerals Policy impact: Just Transition Conserving and recycling assets Compact urban growth Page 63 of 184
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National Planning Framework 4 – Revised Draft 57 Part 2 – National Planning Policy Sustainable transport Policy Principles Local Development Plans: LDPs should prioritise locations for future development that can be accessed by sustainable modes. The spatial strategy should reflect the sustainable travel hierarchy and sustainable investment hierarchy by making best use of existing infrastructure and services. LDPs should promote a place-based approach to consider how to reduce car-dominance. This could include low traffic schemes, shared transport options, designing–in speed controls, bus/cycle priority, pedestrianisation and minimising space dedicated to car parking. Consideration should be given to the type, mix and use of development; local living and 20 minute neighbourhoods; car ownership levels; the accessibility of proposals and allocations by sustainable modes; and the accessibility for users of all abilities. LDPs should be informed by an appropriate and effective transport appraisal undertaken in line with relevant transport appraisal guidance. Plans should be informed by evidence of the area’s transport infrastructure capacity, and an appraisal of the spatial strategy on the transport network. This should identify any potential cumulative transport impacts and deliverable mitigation proposed to inform the plan’s infrastructure first approach. Where there is likely to be an impact on the trunk road or rail network, early engagement with Transport Scotland is required. Policy 13 a) Proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs will be supported. This includes proposals: i. for electric vehicle charging infrastructure and electric vehicle forecourts, especially where fuelled by renewable energy. ii. which support a mode shift of freight from road to more sustainable modes, including last-mile delivery. iii. that build in resilience to the effects of climate change and where appropriate incorporate blue and green infrastructure and nature rich habitats (such as natural planting or water systems). b) Development proposals will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies and where appropriate they: i. Provide direct, easy, segregated and safe links to local facilities via walking, wheeling and cycling networks before occupation; ii. Will be accessible by public transport, ideally supporting the use of existing services; iii. Integrate transport modes; iv. Provide low or zero-emission vehicle and cycle charging points in safe and convenient locations, in alignment with building standards; v. Supply safe, secure and convenient cycle parking to meet the needs of users and which is more conveniently located than car parking; vi. Are designed to incorporate safety measures including safe crossings for walking and wheeling and reducing the number and speed of vehicles; Policy Intent: To encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. Policy Outcomes: • Investment in transport infrastructure supports connectivity and reflects place- based approaches and local living. • More, better, safer and more inclusive active and sustainable travel opportunities. • Developments are in locations which support sustainable travel. Page 64 of 184
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National Planning Framework 4 – Revised Draft 58 Part 2 – National Planning Policy vii. Have taken into account, at the earliest stage of design, the transport needs of diverse groups including users with protected characteristics to ensure the safety, ease and needs of all users; and viii. Adequately mitigate any impact on local public access routes. c) Where a development proposal will generate a significant increase in the number of person trips, a transport assessment will be required to be undertaken in accordance with the relevant guidance. d) Development proposals for significant travel generating uses will not be supported in locations which would increase reliance on the private car, taking into account the specific characteristics of the area. e) Development proposals which are ambitious in terms of low/no car parking will be supported, particularly in urban locations that are well-served by sustainable transport modes and where they do not create barriers to access by disabled people. f) Development proposals for significant travel generating uses, or smaller-scale developments where it is important to monitor travel patterns resulting from the development, will only be supported if they are accompanied by a Travel Plan with supporting planning conditions/obligations. Travel plans should set out clear arrangements for delivering against targets, as well as monitoring and evaluation. g) Development proposals that have the potential to affect the operation and safety of the Strategic Transport Network will be fully assessed to determine their impact. Where it has been demonstrated that existing infrastructure does not have the capacity to accommodate a development without adverse impacts on safety or unacceptable impacts on operational performance, the cost of the mitigation measures required to ensure the continued safe and effective operation of the network should be met by the developer. While new junctions on trunk roads are not normally acceptable, the case for a new junction will be considered by Transport Scotland where significant economic or regeneration benefits can be demonstrated. New junctions will only be considered if they are designed in accordance with relevant guidance and where there will be no adverse impact on road safety or operational performance. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Business and industry City, town, local and commercial centres Retail Rural development Tourism Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Page 65 of 184
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National Planning Framework 4 – Revised Draft 59 Part 2 – National Planning Policy Design, quality and place Policy Principles Local Development Plans: LDPs should be place-based and created in line with the Place Principle. The spatial strategy should be underpinned by the six qualities of successful places. LDPs should provide clear expectations for design, quality and place taking account of the local context, characteristics and connectivity of the area. They should also identify where more detailed design guidance is expected, for example, by way of design frameworks, briefs, masterplans and design codes. Planning authorities should use the Place Standard tool in the preparation of LDPs and design guidance to engage with communities and other stakeholders. They should also where relevant promote its use in early design discussions on planning applications. Policy 14 a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. b) Development proposals will be supported where they are consistent with the six qualities of successful places: Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health. Pleasant: Supporting attractive natural and built spaces. Connected: Supporting well connected networks that make moving around easy and reduce car dependency Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted, literally or creatively, into designs to reinforce identity. Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience, and integrating nature positive, biodiversity solutions. Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can be changed quickly to accommodate different uses as well as maintained over time. Further details on delivering the six qualities of successful places are set out in Annex D. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. Policy Intent: To encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. Policy Outcomes: • Quality places, spaces and environments. • Places that consistently deliver healthy, pleasant, distinctive, connected, sustainable and adaptable qualities. Liveable Places Page 66 of 184
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National Planning Framework 4 – Revised Draft 60 Part 2 – National Planning Policy Key policy connections: All other policies. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Page 67 of 184
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National Planning Framework 4 – Revised Draft 61 Part 2 – National Planning Policy Local Living and 20 minute neighbourhoods Policy Principles with the surrounding area, including local access to: • sustainable modes of transport including local public transport and safe, high quality walking, wheeling and cycling networks; • employment; • shopping; • health and social care facilities; • childcare, schools and lifelong learning opportunities; • playgrounds and informal play opportunities, parks, green streets and spaces, community gardens, opportunities for food growth and allotments, sport and recreation facilities; • publicly accessible toilets; • affordable and accessible housing options, ability to age in place and housing diversity. Local Development Plans: LDPs should support local living, including 20 minute neighbourhoods within settlements, through the spatial strategy, associated site briefs and masterplans. The approach should take into account the local context, consider the varying settlement patterns and reflect the particular characteristics and challenges faced by each place. Communities and businesses will have an important role to play in informing this, helping to strengthen local living through their engagement with the planning system. Policy 15 a) Development proposals will contribute to local living including, where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Sustainable transport Design, quality and place Infrastructure first Quality homes Blue and green infrastructure Play, recreation and sport Community wealth building City, town, local and commercial centres Retail Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Policy Intent: To encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. Policy Outcomes: • Places are planned to improve local living in a way that reflects local circumstances. • A network of high-quality, accessible, mixed-use neighbourhoods which support health and wellbeing, reduce inequalities and are resilient to the effects of climate change. • New and existing communities are planned together with homes and the key local infrastructure including schools, community centres, local shops, greenspaces, health and social care, digital and sustainable transport links. Page 68 of 184
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National Planning Framework 4 – Revised Draft 62 Part 2 – National Planning Policy Quality homes Policy Principles Local Development Plans: LDPs are expected to identify a Local Housing Land Requirement for the area they cover. This is to meet the duty for a housing target and to represent how much land is required. To promote an ambitious and plan-led approach, the Local Housing Land Requirement is expected to exceed the 10 year Minimum All- Tenure Housing Land Requirement (MATHLR) set out in Annex E. Deliverable land should be allocated to meet the 10 year Local Housing Land Requirement in locations that create quality places for people to live. Areas that may be suitable for new homes beyond 10 years are also to be identified. The location of where new homes are allocated should be consistent with local living including, where relevant, 20 minute neighbourhoods and an infrastructure first approach. In rural and island areas, authorities are encouraged to set out tailored approaches to housing which reflect locally specific market circumstances and delivery approaches. Diverse needs and delivery models should be taken into account across all areas, as well as allocating land to ensure provision of accommodation for Gypsy/Travellers and Travelling Showpeople where need is identified. The LDP delivery programme is expected to establish a deliverable housing land pipeline for the Local Housing Land Requirement. The purpose of the pipeline is to provide a transparent view of the phasing of housing allocations so that interventions, including infrastructure, that enable delivery can be planned: it is not to stage permissions. Representing when land will be brought forward, phasing is expected across the short (1-3 years), medium (4-6 years) and long-term (7-10 years). Where sites earlier in the deliverable housing land pipeline are not delivering as programmed, and alternative delivery mechanisms identified in the delivery programme are not practical, measures should be considered to enable earlier delivery of long-term deliverable sites (7-10 years) or areas identified for new homes beyond 10 years. De-allocations should be considered where sites are no longer deliverable. The annual Housing Land Audit will monitor the delivery of housing land to inform the pipeline and the actions to be taken in the delivery programme. Policy 16 a) Development proposals for new homes on land allocated for housing in LDPs will be supported. b) Development proposals that include 50 or more homes, and smaller developments if required by local policy or guidance, should be accompanied by a Statement of Community Benefit. The statement will explain the contribution of the proposed development to: i. meeting local housing requirements, including affordable homes; ii. providing or enhancing local infrastructure, facilities and services; and iii. improving the residential amenity of the surrounding area. Policy Intent: To encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. Policy Outcomes: • Good quality homes are at the heart of great places and contribute to strengthening the health and wellbeing of communities. • Provision of land in the right locations to accommodate future need and demand for new homes, supported by the appropriate infrastructure. • More energy efficient, net zero emissions homes, supporting a greener, fairer and more inclusive wellbeing economy and community wealth building, tackling both fuel and child poverty. Page 69 of 184
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National Planning Framework 4 – Revised Draft 63 Part 2 – National Planning Policy c) Development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, will be supported. This could include: i. self-provided homes; ii. accessible, adaptable and wheelchair accessible homes; iii. build to rent; iv. affordable homes; v. a range of size of homes such as those for larger families; vi. homes for older people, including supported accommodation, care homes and sheltered housing; vii. homes for people undertaking further and higher education; and viii. homes for other specialist groups such as service personnel. d) Development proposals for public or private, permanent or temporary, Gypsy/Travellers sites and family yards and Travelling Showpeople yards, including on land not specifically allocated for this use in the LDP, should be supported where a need is identified and the proposal is otherwise consistent with the plan spatial strategy and other relevant policies, including human rights and equality. e) Development proposals for new homes will be supported where they make provision for affordable homes to meet an identified need. Proposals for market homes will only be supported where the contribution to the provision of affordable homes on a site will be at least 25% of the total number of homes, unless the LDP sets out locations or circumstances where: i. a higher contribution is justified by evidence of need, or ii. a lower contribution is justified, for example, by evidence of impact on viability, where proposals are small in scale, or to incentivise particular types of homes that are needed to diversify the supply, such as self-build or wheelchair accessible homes. The contribution is to be provided in accordance with local policy or guidance. f) Development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; iii. and either: • delivery of sites is happening earlier than identified in the deliverable housing land pipeline. This will be determined by reference to two consecutive years of the Housing Land Audit evidencing substantial delivery earlier than pipeline timescales and that general trend being sustained; or • the proposal is consistent with policy on rural homes; or • the proposal is for smaller scale opportunities within an existing settlement boundary; or • the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. g) Householder development proposals will be supported where they: i. do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii. do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. h) Householder development proposals that provide adaptations in response to risks from a changing climate, or relating to people with health conditions that lead to particular accommodation needs will be supported. Page 70 of 184
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National Planning Framework 4 – Revised Draft 64 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Green belts Brownfield, vacant and derelict land and empty buildings Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Heat and cooling Blue and green infrastructure Play, recreation and sport Rural homes Health and safety City, town, local and commercial centres Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Page 71 of 184
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National Planning Framework 4 – Revised Draft 65 Part 2 – National Planning Policy Rural homes Policy Principles Local Development Plans: LDPs should be informed by an understanding of population change over time, locally specific needs and market circumstances in rural and island areas. LDPs should set out tailored approaches to rural housing and where relevant include proposals for future population growth – including provision for small-scale housing such as crofts and woodland crofts and the appropriate resettlement of previously inhabited areas. The Scottish Government’s 6 fold Urban Rural Classification 2020 should be used to identify remote rural areas. Plans should reflect locally appropriate delivery approaches. Previously inhabited areas that are suitable for resettlement should be identified in the spatial strategy. Policy 17 a) Development proposals for new homes in rural areas will be supported where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development: i. is on a site allocated for housing within the LDP; ii. reuses brownfield land where a return to a natural state has not or will not happen without intervention; iii. reuses a redundant or unused building; iv. is an appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; v. is demonstrated to be necessary to support the sustainable management of a viable rural business or croft, and there is an essential need for a worker (including those taking majority control of a farm business) to live permanently at or near their place of work; vi. is for a single home for the retirement succession of a viable farm holding; vii. is for the subdivision of an existing residential dwelling; the scale of which is in keeping with the character and infrastructure provision in the area; or viii. reinstates a former dwelling house or is a one-for-one replacement of an existing permanent house. b) Development proposals for new homes in rural areas will consider how the development will contribute towards local living and take into account identified local housing needs (including affordable housing), economic considerations and the transport needs of the development as appropriate for the rural location. c) Development proposals for new homes in remote rural areas will be supported where the proposal: i. supports and sustains existing fragile communities; ii. supports identified local housing outcomes; and Policy Intent: To encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. Policy Outcomes: • Improved choice of homes across tenures so that identified local needs of people and communities in rural and island areas are met. • Homes are provided that support sustainable rural communities and are linked with service provision. • The distinctive character, sense of place and natural and cultural assets of rural areas are safeguarded and enhanced. Page 72 of 184
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National Planning Framework 4 – Revised Draft 66 Part 2 – National Planning Policy proposal: Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation iii. is suitable in terms of location, access, and environmental impact. d) Development proposals for new homes that support the resettlement of previously inhabited areas will be supported where the i. is in an area identified in the LDP as suitable for resettlement; ii. is designed to a high standard; iii. responds to its rural location; and iv. is designed to minimise greenhouse gas emissions as far as possible. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Historic assets and places Green belts Brownfield, vacant and derelict land and empty buildings Coastal development Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes City, town, local and commercial centres Rural development Tourism Page 73 of 184
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National Planning Framework 4 – Revised Draft 67 Part 2 – National Planning Policy Infrastructure first Policy Principles Local Development Plans: LDPs and delivery programmes should be based on an integrated infrastructure first approach. Plans should: • be informed by evidence on infrastructure capacity, condition, needs and deliverability within the plan area, including cross boundary infrastructure; • set out the infrastructure requirements to deliver the spatial strategy, informed by the evidence base, identifying the infrastructure priorities, and where, how, when and by whom they will be delivered; and • indicate the type, level (or method of calculation) and location of the financial or in-kind contributions, and the types of development from which they will be required. Plans should align with relevant national, regional and local infrastructure plans and policies and take account of the Scottish Government infrastructure investment hierarchy and sustainable travel and investment hierarchies in developing the spatial strategy. Consistent early engagement and collaboration between relevant stakeholders will better inform decisions on land use and investment. Policy 18 a) Development proposals which provide (or contribute to) infrastructure in line with that identified as necessary in LDPs and their delivery programmes will be supported. b) The impacts of development proposals on infrastructure should be mitigated. Development proposals will only be supported where it can be demonstrated that provision is made to address the impacts on infrastructure. Where planning conditions, planning obligations, or other legal agreements are to be used, the relevant tests will apply. Where planning obligations are entered into, they should meet the following tests: – be necessary to make the proposed development acceptable in planning terms – serve a planning purpose – relate to the impacts of the proposed development – fairly and reasonably relate in scale and kind to the proposed development – be reasonable in all other respects Planning conditions should only be imposed where they meet all of the following tests. They should be: – necessary – relevant to planning – relevant to the development to be permitted – enforceable – precise – reasonable in all other respects Policy Intent: To encourage, promote and facilitate an infrastructure first approach to land use planning, which puts infrastructure considerations at the heart of placemaking. Policy Outcomes: • Infrastructure considerations are integral to development planning and decision making and potential impacts on infrastructure and infrastructure needs are understood early in the development planning process as part of an evidenced based approach. • Existing infrastructure assets are used sustainably, prioritising low-carbon solutions. • Infrastructure requirements, and their planned delivery to meet the needs of communities, are clear. Page 74 of 184
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National Planning Framework 4 – Revised Draft 68 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Brownfield, vacant and derelict land and empty buildings Energy Zero waste Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Heat and cooling Quality homes Rural homes Blue and green infrastructure Play, recreation and sport Flood risk and water management Health and safety Digital infrastructure Business and industry City, town, local and commercial centres Rural development Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Page 75 of 184
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National Planning Framework 4 – Revised Draft 69 Part 2 – National Planning Policy Heating and cooling Policy Principles e) Development proposals for energy infrastructure will be supported where they: i. repurpose former fossil fuel infrastructure for the production or handling of low carbon energy; ii. are within or adjacent to a Heat Network Zone; and iii. can be cost-effectively linked to an existing or planned heat network. f) Development proposals for buildings that will be occupied by people will be supported where they are designed to promote sustainable temperature management, for example by prioritising natural or passive solutions such as siting, orientation, and materials. Local Development Plans: LDPs should take into account the area’s Local Heat & Energy Efficiency Strategy (LHEES). The spatial strategy should take into account areas of heat network potential and any designated Heat Network Zones (HNZ). Policy 19 a) Development proposals within or adjacent to a Heat Network Zone identified in a LDP will only be supported where they are designed and constructed to connect to the existing heat network. b) Proposals for retrofitting a connection to a heat network will be supported. c) Where a heat network is planned but not yet in place, development proposals will only be supported where they are designed and constructed to allow for cost-effective connection at a later date. d) National and major developments that will generate waste or surplus heat and which are located in areas of heat demand, will be supported providing wider considerations, including residential amenity, are not adversely impacted. A Heat and Power Plan should demonstrate how energy recovered from the development will be used to produce electricity and heat. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Energy Zero waste Infrastructure first Blue and green infrastructure Business and industry Policy impact: Just Transition Conserving and recycling assets Rebalanced development Policy Intent: To encourage, promote and facilitate development that supports decarbonised solutions to heat and cooling demand and ensure adaptation to more extreme temperatures. Policy Outcomes: • Development is connected to expanded heat networks which use and store heat from low or zero emission sources. • Buildings and places are adapted to more extreme temperatures. Page 76 of 184
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National Planning Framework 4 – Revised Draft 70 Part 2 – National Planning Policy Blue and green infrastructure Policy Principles Local Development Plans: LDPs should be informed by relevant, up-to- date audits and/or strategies, covering the multiple functions and benefits of blue and green infrastructure. The spatial strategy should identify and protect blue and green infrastructure assets and networks; enhance and expand existing provision including new blue and/or green infrastructure. This may include retrofitting. Priorities for connectivity to other blue and/or green infrastructure assets, including to address cross-boundary needs and opportunities, should also be identified. LDPs should encourage the permanent or temporary use of unused or under-used land as green infrastructure. Where this is temporary, this should not prevent future development potential from being realised. LDPs should safeguard access rights and core paths, including active travel routes, and encourage new and enhanced opportunities for access linked to wider networks. Policy 20 a) Development proposals that result in fragmentation or net loss of existing blue and green infrastructure will only be supported where it can be demonstrated that the proposal would not result in or exacerbate a deficit in blue or green infrastructure provision, and the overall integrity of the network will be maintained. The planning authority’s Open Space Strategy should inform this. b) Development proposals for or incorporating new or enhanced blue and/or green infrastructure will be supported. Where appropriate, this will be an integral element of the design that responds to local circumstances. Design will take account of existing provision, new requirements and network connections (identified in relevant strategies such as the Open Space Strategies) to ensure the proposed blue and/or green infrastructure is of an appropriate type(s), quantity, quality and accessibility and is designed to be multi- functional and well integrated into the overall proposals. c) Development proposals in regional and country parks will only be supported where they are compatible with the uses, natural habitats, and character of the park. d) Development proposals for temporary open space or green space on unused or under- used land will be supported. e) Development proposals that include new or enhanced blue and/or green infrastructure will provide effective management and maintenance plans covering the funding arrangements for their long-term delivery and upkeep, and the party or parties responsible for these. Policy Intent: To protect and enhance blue and green infrastructure and their networks. Policy Outcomes: • Blue and green infrastructure are an integral part of early design and development processes; are designed to deliver multiple functions including climate mitigation, nature restoration, biodiversity enhancement, flood prevention and water management. • Communities benefit from accessible, high quality blue, green and civic spaces. Page 77 of 184
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National Planning Framework 4 – Revised Draft 71 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Soils Forestry, woodland and trees Historic assets and places Green belts Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Heat and cooling Quality homes Play, recreation and sport Flood risk and water management Health and safety City, town, local and commercial centres Rural development Policy impact: Just Transition Local living Compact urban growth Rebalanced development Rural revitalisation Page 78 of 184
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National Planning Framework 4 – Revised Draft 72 Part 2 – National Planning Policy Play, recreation and sport Policy Principles Local Development Plans: LDPs should identify sites for sports, play and outdoor recreation for people of all ages. This should be based on an understanding of the needs and demand in the community and informed by the planning authority’s Play Sufficiency Assessment and Open Space Strategy. These spaces can be incorporated as part of enhancing and expanding blue and green infrastructure, taking account of relevant agencies’ plans or policy frameworks, such as flood risk and/or water management plans. New provisions should be well-designed, high quality, accessible and inclusive. Policy 21 a) Development proposals which result in the loss of outdoor sports facilities will only be supported where the proposal: i. is ancillary to the principal use of the site as an outdoor sports facility; or ii. involves only a minor part of the facility and would not affect its use; or iii. meets a requirement to replace the facility which would be lost, either by a new facility or by upgrading an existing facility to provide a better quality facility. The location will be convenient for users and the overall playing capacity of the area will be maintained; or iv. can demonstrate that there is a clear excess of provision to meet current and anticipated demand in the area, and that the site would be developed without detriment to the overall quality of provision. This should be informed by the local authority’s Open Space Strategy and/or Play Sufficiency Assessment and in consultation with sportscotland where appropriate. b) Development proposals that result in the quantitative and/or qualitative loss of children’s outdoor play provision, will only be supported where it can be demonstrated that there is no ongoing or future demand or the existing play provision will be replaced by a newly created, or improved existing asset, that is better quality or more appropriate. This should be informed by the planning authority’s Play Sufficiency Assessment. c) Development proposals for temporary or informal play space on unused or underused land will be supported. d) Development proposals likely to be occupied or used by children and young people will be supported where they incorporate well- designed, good quality provision for play, recreation, and relaxation that is proportionate to the scale and nature of the development and existing provision in the area. e) Development proposals that include new streets and public realm should be inclusive and enable children and young people to play and move around safely and independently, maximising opportunities for informal and incidental play in the neighbourhood. f) New, replacement or improved play provision will, as far as possible and as appropriate: i. provide stimulating environments; ii. provide a range of play experiences including opportunities to connect with nature; iii. be inclusive; iv. be suitable for different ages of children and young people; v. be easily and safely accessible by children and young people independently, including those with a disability; Policy Intent: To encourage, promote and facilitate spaces and opportunities for play, recreation and sport. Policy Outcomes: • Natural and built environments are improved, with more equitable access to opportunities for play and recreation. • Physical and mental health are improved through provision of, and access to, outdoor recreation, play and sport facilities. Page 79 of 184
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National Planning Framework 4 – Revised Draft 73 Part 2 – National Planning Policy Policy impact: Just Transition Compact urban growth Local living Rebalanced development Rural revitalisation vi. incorporate trees and/or other forms of greenery; vii. form an integral part of the surrounding neighbourhood; viii. be well overlooked for passive surveillance; ix. be linked directly to other open spaces and play areas. g) Development proposals that include new or enhanced play or sport facilities will provide effective management and maintenance plans covering the funding arrangements for their long-term delivery and upkeep, and the party or parties responsible for these. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Historic assets and places Green belts Brownfield, vacant and derelict land and empty buildings Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Flood risk and water management Health and safety City, town, local and commercial centres Culture and creativity Page 80 of 184
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National Planning Framework 4 – Revised Draft 74 Part 2 – National Planning Policy Flood risk and water management Policy Principles Local Development Plans: LDPs should strengthen community resilience to the current and future impacts of climate change, by avoiding development in areas at flood risk as a first principle. Resilience should also be supported by managing the need to bring previously used sites in built up areas into positive use; planning for adaptation measures; and identifying opportunities to implement improvements to the water environment through natural flood risk management and blue green infrastructure. Plans should take into account the probability of flooding from all sources and make use of relevant flood risk and river basin management plans for the area. A precautionary approach should be taken, regarding the calculated probability of flooding as a best estimate, not a precise forecast. For areas where climate change is likely to result in increased flood exposure that becomes unmanageable, consideration should be given to alternative sustainable land use. Policy 22 a) Development proposals at risk of flooding or in a flood risk area will only be supported if they are for: i. essential infrastructure where the location is required for operational reasons; ii. water compatible uses; iii. redevelopment of an existing building or site for an equal or less vulnerable use; or. iv. redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long- term safety and resilience can be secured in accordance with relevant SEPA advice. The protection offered by an existing formal flood protection scheme or one under construction can be taken into account when determining flood risk. In such cases, it will be demonstrated by the applicant that: • all risks of flooding are understood and addressed; • there is no reduction in floodplain capacity, increased risk for others, or a need for future flood protection schemes; • the development remains safe and operational during floods; • flood resistant and resilient materials and construction methods are used; and • future adaptations can be made to accommodate the effects of climate change. Additionally, for development proposals meeting criteria part iv), where flood risk is managed at the site rather than avoided these will also require: • the first occupied/utilised floor, and the underside of the development if relevant, to be above the flood risk level and have an additional allowance for freeboard; and • that the proposal does not create an island of development and that safe access/ egress can be achieved. Policy Intent: To strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Policy Outcomes: • Places are resilient to current and future flood risk. • Water resources are used efficiently and sustainably. • Wider use of natural flood risk management benefits people and nature. Page 81 of 184
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National Planning Framework 4 – Revised Draft 75 Part 2 – National Planning Policy the combined sewer; b) Small scale extensions and alterations to existing buildings will only be supported where they will not significantly increase flood risk. c) Development proposals will: i. not increase the risk of surface water flooding to others, or itself be at risk. ii. manage all rain and surface water through sustainable urban drainage systems (SUDS), which should form part of and integrate with proposed and existing blue- green infrastructure. All proposals should presume no surface water connection to iii. seek to minimise the area of impermeable surface. d) Development proposals will be supported if they can be connected to the public water mains. If connection is not feasible, the applicant will need to demonstrate that water for drinking water purposes will be sourced from a sustainable water source that is resilient to periods of water scarcity. e) Development proposals which create, expand or enhance opportunities for natural flood risk management, including blue and green infrastructure, will be supported. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Green belts Coastal development Design, quality and place Infrastructure first Quality homes Blue and green infrastructure Health and safety Business and industry Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Page 82 of 184
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National Planning Framework 4 – Revised Draft 76 Part 2 – National Planning Policy Health and safety Policy Principles Local Development Plans: LDP spatial strategies should seek to tackle health inequalities particularly in places which are experiencing the most disadvantage. They should identify the health and social care services and infrastructure needed in the area, including potential for co-location of complementary services, in partnership with Health Boards and Health and Social Care Partnerships. LDPs should create healthier places for example through opportunities for exercise, healthier lifestyles, land for community food growing and allotments, and awareness of locations of concern for suicide. Spatial strategies should maintain appropriate distances between sites with hazardous substances and areas where the public are likely to be present and areas of particular natural sensitivity or interest. Policy 23 a) Development proposals that will have positive effects on health will be supported. This could include, for example, proposals that incorporate opportunities for exercise, community food growing or allotments. b) Development proposals which are likely to have a significant adverse effect on health will not be supported. A Health Impact Assessment may be required. c) Development proposals for health and social care facilities and infrastructure will be supported. d) Development proposals that are likely to have significant adverse effects on air quality will not be supported. Development proposals will consider opportunities to improve air quality and reduce exposure to poor air quality. An air quality assessment may be required where the nature of the proposal or the air quality in the location suggest significant effects are likely. e) Development proposals that are likely to raise unacceptable noise issues will not be supported. The agent of change principle applies to noise sensitive development. A Noise Impact Assessment may be required where the nature of the proposal or its location suggests that significant effects are likely. f) Development proposals will be designed to take into account suicide risk. g) Development proposals within the vicinity of a major accident hazard site or major accident hazard pipeline (because of the presence of toxic, highly reactive, explosive or inflammable substances) will consider the associated risks and potential impacts of the proposal and the major accident hazard site/pipeline of being located in proximity to one another. h) Applications for hazardous substances consent will consider the likely potential impacts on surrounding populations and the environment. i) Any advice from Health and Safety Executive, the Office of Nuclear Regulation or the Scottish Environment Protection Agency that planning permission or hazardous substances consent should be refused, or conditions to be attached to a grant of consent, should not be overridden by the decision maker without the most careful consideration. j) Similar considerations apply in respect of development proposals either for or near licensed explosive sites (including military explosive storage sites). Policy Intent: To protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. Policy Outcomes: • Health is improved and health inequalities are reduced. • Safe places protect human health and the environment. • A planned approach supports health infrastructure delivery. Page 83 of 184
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National Planning Framework 4 – Revised Draft 77 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Forestry, woodland and trees Energy Zero waste Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Heat and cooling Quality homes Blue and green infrastructure Play, recreation and sport Flood risk and water management Digital infrastructure Business and industry City, town, local and commercial centres Retail Culture and creativity Aquaculture Minerals Policy impact: Just Transition Local living Compact urban growth Rebalanced development Page 84 of 184
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National Planning Framework 4 – Revised Draft 78 Part 2 – National Planning Policy Digital infrastructure Policy Principles ii. it has been demonstrated that, before erecting a new ground based mast, the possibility of erecting antennas on an existing building, mast or other structure, replacing an existing mast and/or site sharing has been explored; and iii. there is no physical obstruction to aerodrome operations, technical sites, or existing transmitter/receiver facilities. Local Development Plans: LDPs should support the delivery of digital infrastructure, including fixed line and mobile connectivity, particularly in areas with gaps in connectivity and barriers to digital access. Policy 24 a) Development proposals that incorporate appropriate, universal, and future-proofed digital infrastructure will be supported. b) Development proposals that deliver new digital services or provide technological improvements, particularly in areas with no or low connectivity capacity, will be supported. c) Development proposals that are aligned with and support the delivery of local or national programmes for the roll-out of digital infrastructure will be supported. d) Development proposals that deliver new connectivity will be supported where there are benefits of this connectivity for communities and the local economy. e) Development proposals for digital infrastructure will only be supported where: i. the visual and amenity impacts of the proposed development have been minimised through careful siting, design, height, materials and, landscaping, taking into account cumulative impacts and relevant technical constraints; Key policy connections: Tackling the climate and nature crises Natural places Green belts Zero waste Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Health and safety Community wealth building Business and industry City, town, local and commercial centres Rural development Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Policy Intent: To encourage, promote and facilitate the roll- out of digital infrastructure across Scotland to unlock the potential of all our places and the economy. Policy Outcomes: • Appropriate, universal and future proofed digital infrastructure across the country. • Local living is supported and the need to travel is reduced. Page 85 of 184
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National Planning Framework 4 – Revised Draft 79 Part 2 – National Planning Policy Community wealth building Policy Principles Policy 25 a) Development proposals which contribute to local or regional community wealth building strategies and are consistent with local economic priorities will be supported. This could include for example improving community resilience and reducing inequalities; increasing spending within communities; ensuring the use of local supply chains and services; local job creation; supporting community led proposals, including creation of new local firms and enabling community led ownership of buildings and assets. b) Development proposals linked to community ownership and management of land will be supported. Local Development Plans: LDPs should be aligned with any strategy for community wealth building for the area. Spatial strategies should address community wealth building priorities; identify community assets; set out opportunities to tackle economic disadvantage and inequality; and seek to provide benefits for local communities. Productive Places Key policy connections: Brownfield, vacant and derelict land and empty buildings Local Living and 20 minute neighbourhoods Business and industry Policy impact: Just Transition Rebalanced development Rural revitalisation Policy Intent: To encourage, promote and facilitate a new strategic approach to economic development that also provides a practical model for building a wellbeing economy at local, regional and national levels. Policy Outcomes: • local economic development that focuses on community and place benefits as a central and primary consideration – to support local employment and supply chains. • support community ownership and management of buildings and land. Page 86 of 184
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National Planning Framework 4 – Revised Draft 80 Part 2 – National Planning Policy Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Business and industry Policy Principles Local Development Plans: LDPs should allocate sufficient land for business and industry, taking into account business and industry land audits, in particular ensuring that there is a suitable range of sites that meet current market demand, location, size and quality in terms of accessibility and services. This allocation should take account of local economic strategies and support broader objectives of delivering a low carbon and net zero economic recovery, and a fairer and more inclusive wellbeing economy. Policy 26 a) Development proposals for business and industry uses on sites allocated for those uses in the LDP will be supported. b) Development proposals for home working, live-work units and micro-businesses will be supported where it is demonstrated that the scale and nature of the proposed business and building will be compatible with the surrounding area and there will be no unacceptable impacts on amenity or neighbouring uses. c) Development proposals for business and industry uses will be supported where they are compatible with the primary business function of the area. Other employment uses will be supported where they will not prejudice the primary function of the area and are compatible with the business/industrial character of the area. d) Development proposals for business, general industrial and storage and distribution uses outwith areas identified for those uses in the LDP will only be supported where: i. It is demonstrated that there are no suitable alternatives allocated in the LDP or identified in the employment land audit; and ii. The nature and scale of the activity will be compatible with the surrounding area. e) Development proposals for business and industry will take into account: i. Impact on surrounding residential amenity; sensitive uses and the natural and historic environment; ii. The need for appropriate site restoration at the end of a period of commercial use. f) Major developments for manufacturing or industry will be accompanied by a decarbonisation strategy to demonstrate how greenhouse gas emissions from the process are appropriately abated. The strategy may include carbon capture and storage. Policy Intent: To encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live- work units and micro-businesses. Policy Outcomes: • Recovery within the business and industry sector is sustainable and inclusive. • Investment in the business and industrial sector contributes to community wealth building. Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Health and safety Digital infrastructure Community wealth building City, town, local and commercial centres Rural development Page 87 of 184
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National Planning Framework 4 – Revised Draft 81 Part 2 – National Planning Policy City, town, local and commercial centres Policy Principles Local Development Plans: LDPs should support sustainable futures for city, town and local centres, in particular opportunities to enhance city and town centres. They should, where relevant, also support proposals for improving the sustainability of existing commercial centres where appropriate. LDPs should identify a network of centres that reflect the principles of 20 minute neighbourhoods and the town centre vision. LDPs should be informed by evidence on where clustering of non-retail uses may be adversely impacting on the wellbeing of communities. They should also consider, and if appropriate, identify any areas where drive-through facilities may be acceptable where they would not negatively impact on the principles of local living or sustainable travel. LDPs should provide a proportion of their Local Housing Land Requirements in city and town centres and be proactive in identifying opportunities to support residential development. Policy 27 a) Development proposals that enhance and improve the vitality and viability of city, town and local centres, including proposals that increase the mix of uses, will be supported. b) Development proposals will be consistent with the town centre first approach. Proposals for uses which will generate significant footfall, including commercial, leisure, offices, community, sport and cultural facilities, public buildings such as libraries, education and healthcare facilities, and public spaces: i. will be supported in existing city, town and local centres, and ii. will not be supported outwith those centres unless a town centre first assessment demonstrates that: • all centre and edge of centre options have been sequentially assessed and discounted as unsuitable or unavailable; • the scale of development cannot reasonably be altered or reduced in scale to allow it to be accommodated in a centre; and • the impacts on existing centres have been thoroughly assessed and there will be no significant adverse effect on the vitality and viability of the centres. Policy Intent: To encourage, promote and facilitate development in our city and town centres, recognising they are a national asset. This will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living. Policy Outcomes: • Centres are vibrant, healthy, creative, enterprising, accessible and resilient places for people to live, learn, work, enjoy and visit. • Development is directed to the most sustainable locations that are accessible by a range of sustainable transport modes and provide communities with easy access to the goods, services and recreational opportunities they need. Page 88 of 184
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National Planning Framework 4 – Revised Draft 82 Part 2 – National Planning Policy c) Development proposals for non-retail uses will not be supported if further provision of these services will undermine the character and amenity of the area or the health and wellbeing of communities, particularly in disadvantaged areas. These uses include: i. Hot food takeaways, including permanently sited vans; ii. Betting offices; and iii. High interest money lending premises. d) Drive-through developments will only be supported where they are specifically supported in the LDP. Town centre living e) Development proposals for residential development within city/town centres will be supported, including: i. New build residential development. ii. The re-use of a vacant building within city/ town centres where it can be demonstrated that the existing use is no longer viable and the proposed change of use adds to viability and vitality of the area. iii. The conversion, or reuse of vacant upper floors of properties within city/town centres for residential. f) Development proposals for residential use at ground floor level within city/town centres will only be supported where the proposal will: i. retain an attractive and appropriate frontage; ii. not adversely affect the vitality and viability of a shopping area or the wider centre; and iii. not result in an undesirable concentration of uses, or ‘dead frontages’. g) Development proposals for city or town centre living will take into account the residential amenity of the proposal. This must be clearly demonstrated where the proposed development is in the same built structure as: i. a hot food premises, live music venue, amusement arcade/centre, casino or licensed premises (with the exception of hotels, restaurants, cafés or off licences); and/or ii. there is a common or shared access with licenced premises or other use likely to be detrimental to residential amenity. Town Centre First Assessment For development proposals which are out of city/town centre and which will generate significant footfall a Town Centre First Assessment will be provided. Applicants should agree the data required with the planning authority before undertaking the assessment, and should present information on areas of dispute in a succinct and comparable form. The town centre first assessment should: – identify the potential relationship of the proposed development with the network of centres identified in the LDP; – demonstrate the potential economic impact of the development and any possible displacement effects, including the net impact on jobs; and – consider supply chains and whether local suppliers and workers will be a viable option; and – the environmental impact of transporting goods and of staff and visitors travelling to the location. The town centre first assessment should be applied flexibly and realistically for community, education, health and social care and sport and leisure facilities so that they are easily accessible to the communities they are intended to serve. Page 89 of 184
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National Planning Framework 4 – Revised Draft 83 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Historic assets and places Brownfield, vacant and derelict land and empty buildings Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Blue and green infrastructure Play, recreation and sport Health and safety Community wealth building Business and industry Retail Rural development Tourism Culture and creativity Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Page 90 of 184
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National Planning Framework 4 – Revised Draft 84 Part 2 – National Planning Policy Retail Policy Principles Local Development Plans: LDPs should consider where there may be a need for further retail provision, this may be: • where a retail study identifies deficiencies in retail provision in terms of quality and quantity in an area; or • when allocating sites for housing or the creation of new communities, in terms of the need for neighbourhood shopping, and supporting local living. LDPs should identify areas where proposals for healthy food and drink outlets can be supported. Policy 28 a) Development proposals for retail (including expansions and changes of use) will be consistent with the town centre first principle. This means that new retail proposals: i. will be supported in existing city, town and local centres, and ii. will be supported in edge-of-centre areas or in commercial centres if they are allocated as sites suitable for new retail development in the LDP. iii. will not be supported in out of centre locations (other than those meeting policy 28(c) or 28(d)). b) Development proposals for retail that are consistent with the sequential approach (set out in a) and click-and-collect locker pick up points, will be supported where the proposed development: i. is of an appropriate scale for the location; ii. will have an acceptable impact on the character and amenity of the area; and iii. is located to best channel footfall and activity, to benefit the place as a whole. c) Proposals for new small scale neighbourhood retail development will be supported where the proposed development: i. contributes to local living, including where relevant 20 minute neighbourhoods and/or ii. can be demonstrated to contribute to the health and wellbeing of the local community. d) In island and rural areas, development proposals for shops ancillary to other uses such as farm shops, craft shops and shops linked to petrol/service/charging stations will be supported where: i. it will serve local needs, support local living and local jobs; ii. the potential impact on nearby town and commercial centres or village/local shops is acceptable; iii. it will provide a service throughout the year; and iv. the likely impacts of traffic generation and access and parking arrangements are acceptable. Policy Intent: To encourage, promote and facilitate retail investment to the most sustainable locations that are most accessible by a range of sustainable transport modes. Policy Outcomes: • Retail development and the location of shops support vibrant city, town and local centres. • Communities can access the shops and goods they need by a range of sustainable transport modes including on foot, by bike, and by public transport, as part of local living. Page 91 of 184
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National Planning Framework 4 – Revised Draft 85 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Health and safety City, town, local and commercial centres Rural development Policy impact: Local living Compact urban growth Rural revitalisation Page 92 of 184
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National Planning Framework 4 – Revised Draft 86 Part 2 – National Planning Policy Rural development Policy Principles Local Development Plans: LDPs should identify the characteristics of rural areas within the plan area, including the existing pattern of development, pressures, environmental assets, community priorities and economic needs of each area. The spatial strategy should set out an appropriate approach to development in rural areas which reflects the identified characteristics. The Scottish Government’s 6 fold Urban Rural Classification 2020 should be used to identify remote rural areas. Spatial strategies should support the sustainability and prosperity of rural communities and economies. Previously inhabited areas which are suitable for resettlement should be identified in the spatial strategy. Policy 29 a) Development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported, including: i. farms, crofts, woodland crofts or other land use businesses, where use of good quality land for development is minimised and business viability is not adversely affected; ii. diversification of existing businesses; iii. production and processing facilities for local produce and materials, for example sawmills, or local food production; iv. essential community services; v. essential infrastructure; vi. reuse of a redundant or unused building; vii. appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; viii. reuse of brownfield land where a return to a natural state has not or will not happen without intervention; ix. small scale developments that support new ways of working such as remote working, homeworking and community hubs; or x. improvement or restoration of the natural environment. b) Development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. They should also consider how the development will contribute towards local living and take into account the transport needs of the development as appropriate for the rural location. c) Development proposals in remote rural areas, where new development can often help to sustain fragile communities, will be supported where the proposal: i. will support local employment; ii. supports and sustains existing communities, for example through provision of digital infrastructure; and iii. is suitable in terms of location, access, siting, design and environmental impact. d) Development proposals that support the resettlement of previously inhabited areas will be supported where the proposal: i. is in an area identified in the LDP as suitable for resettlement; ii. is designed to a high standard; iii. responds to their rural location; and iv. is designed to minimise greenhouse gas emissions as far as possible. Policy Intent: To encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. Policy Outcomes: • Rural places are vibrant and sustainable and rural communities and businesses are supported. • A balanced and sustainable rural population. Page 93 of 184
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National Planning Framework 4 – Revised Draft 87 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Soils Historic assets and places Green belts Brownfield, vacant and derelict land and empty buildings Coastal development Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Rural homes Blue and green infrastructure Flood risk and water management Business and industry City, town, local and commercial centres Retail Tourism Culture and creativity Aquaculture Minerals Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Page 94 of 184
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National Planning Framework 4 – Revised Draft 88 Part 2 – National Planning Policy Tourism Policy Principles Local Development Plans: LDPs should support the recovery, growth and long-term resilience of the tourism sector. The spatial strategy should identify suitable locations which reflect opportunities for tourism development by taking full account of the needs of communities, visitors, the industry and the environment. Relevant national and local sector driven tourism strategies should also be taken into account. The spatial strategy should also identify areas of pressure where existing tourism provision is having adverse impacts on the environment or the quality of life and health and wellbeing of local communities, and where further development is not appropriate. Policy 30 a) Development proposals for new or extended tourist facilities or accommodation, including caravan and camping sites, in locations identified in the LDP, will be supported. b) Proposals for tourism related development will take into account: i. The contribution made to the local economy; ii. Compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors; iii. Impacts on communities, for example by hindering the provision of homes and services for local people; iv. Opportunities for sustainable travel and appropriate management of parking and traffic generation and scope for sustaining public transport services particularly in rural areas; v. Accessibility for disabled people; vi. Measures taken to minimise carbon emissions; vii. Opportunities to provide access to the natural environment. c) Development proposals that involve the change of use of a tourism-related facility will only be supported where it is demonstrated that the existing use is no longer viable and that there is no requirement for alternative tourism-related facilities in the area. d) Proposals for huts will be supported where the nature and scale of the development is compatible with the surrounding area and the proposal complies with relevant good practice guidance. e) Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. Policy Intent: To encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with our net zero and nature commitments, and inspires people to visit Scotland. Policy Outcomes: • Communities and places enjoy economic, social and cultural benefits from tourism, supporting resilience and stimulating job creation. Page 95 of 184
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National Planning Framework 4 – Revised Draft 89 Part 2 – National Planning Policy Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Historic assets and places Coastal development Sustainable transport Design, quality and place Quality homes Rural homes Health and safety Community wealth building City, town, local and commercial centres Retail Rural development Culture and creativity Policy impact: Just Transition Conserving and recycling assets Local living Rebalanced development Rural revitalisation Page 96 of 184
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National Planning Framework 4 – Revised Draft 90 Part 2 – National Planning Policy Culture and creativity Policy Principles iii. alternative provision of equal or greater standard is made available at a suitable location within the local area; and iv. the loss of the venue does not result in loss or damage to assets or objects of significant cultural value. d) Development proposals within the vicinity of existing arts venues will fully reflect the agent of change principle and will only be supported where they can demonstrate that measures can be put in place to ensure that existing noise and disturbance impacts on the proposed development would be acceptable and that existing venues and facilities can continue without additional restrictions being placed on them as a result of the proposed new development. Local Development Plans: LDPs should recognise and support opportunities for jobs and investment in the creative sector, culture, heritage and the arts. Policy 31 a) Development proposals that involve a significant change to existing, or the creation of new, public open spaces will make provision for public art. Public art proposals which reflect diversity, culture and creativity will be supported. b) Development proposals for creative workspaces or other cultural uses that involve the temporary use of vacant spaces or property will be supported. c) Development proposals that would result in the loss of an arts or cultural venue will only i. there is no longer a sustainable demand for the venue and after marketing the site at a reasonable rate for at least 12 months, through relevant local and national agents and online platforms, there has been no viable interest from potential operators; or ii. the venue, as evidenced by consultation, no longer meets the needs of users and cannot be adapted; or supported where: Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Historic assets and places Brownfield, vacant and derelict land and empty buildings Zero waste Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Blue and green infrastructure Play, recreation and sport Health and safety Digital infrastructure Community wealth building City, town, local and commercial centres Rural development Tourism Policy impact: Just Transition Conserving and recycling assets Local living Rebalanced development Policy Intent: To encourage, promote and facilitate development which reflects our diverse culture and creativity, and to support our culture and creative industries. Policy Outcomes: • Locally distinctive places reflect the diversity of communities and support regeneration and town centre vibrancy. • Cultural and creative industries are expanded, providing jobs and investment. • Communities have access to cultural and creative activities. Page 97 of 184
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National Planning Framework 4 – Revised Draft 91 Part 2 – National Planning Policy Aquaculture Policy Principles navigation, containment, deposition, waste emissions and sea lice, impacts on wild salmonids, aquaculture litter (and odour and impacts on other marine users)) are acceptable and comply with the relevant regulatory framework. d) Development proposals for fish farm developments will only be supported where the following impacts have been assessed and mitigated: i. landscape and visual impact of the proposal including the siting and design of cages, lines and associated facilities taking into account the character of the location; ii. the impact of any land based facilities, ensuring that the siting and design are appropriate for the location; iii. impacts on natural heritage, designated sites and priority marine features; and iv. impacts on historic marine protected areas. e) Applications for open water farmed finfish or shellfish development are excluded from the requirements of policy 3b) and 3c) and will instead apply all relevant provisions from National and Regional Marine Plans. Local Development Plans: LDPs should guide new aquaculture development in line with National and Regional Marine Planning, and will minimise adverse environmental impacts, including cumulative impacts, that arise from other existing and planned aquaculture developments in the area while also reflecting industry needs. Policy 32 a) To safeguard migratory fish species, further salmon and trout open pen fish farm developments on the north and east coasts of mainland Scotland will not be supported. b) Development proposals for aquaculture will be supported where they comply with the LDP, the National Marine Plan and, where relevant, the appropriate Regional Marine Plan. c) Development proposals for fish farms will demonstrate that operational impacts (including from noise, acoustic deterrent devices (where applicable) light, access, Key policy connections: Tackling the climate and nature crises Historic assets and places Natural places Biodiversity Coastal development Design, quality and place Health and safety Community wealth building Business and industry Rural development Policy impact: Just Transition Rebalanced development Rural revitalisation Policy Intent: To encourage, promote and facilitate aquaculture development and minimise any adverse effects on the environment, including cumulative impacts. Planning should support an aquaculture industry that is sustainable, diverse, competitive, economically viable and which contributes to food security, whilst operating with social licence, within environmental limits and which ensures there is a thriving marine ecosystem for future generations. Policy Outcomes: • New aquaculture development is in locations that reflect industry needs and considers environmental impacts. • Producers will contribute to communities and local economies. • Prosperous finfish, shellfish and seaweed sectors. • Migratory fish species are safeguarded. Page 98 of 184
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National Planning Framework 4 – Revised Draft 92 Part 2 – National Planning Policy Minerals Policy Principles Local Development Plans: LDPs should support a landbank of construction aggregates of at least 10-years at all times in the relevant market areas, whilst promoting sustainable resource management, safeguarding important workable mineral resources, which are of economic or conservation value, and take steps to ensure these are not sterilised by other types of development. Policy 33 a) Development proposals that seek to explore, develop, and produce fossil fuels (excluding unconventional oil and gas) will not be supported other than in exceptional circumstances. Any such exceptions will be required to demonstrate that the proposal is consistent with national policy on energy and targets for reducing greenhouse gas emissions. b) The Scottish Government does not support the development of unconventional oil and gas in Scotland. This means development connected to the onshore exploration, appraisal or production of coal bed methane or shale oil or shale gas, using unconventional oil and gas extraction techniques, including hydraulic fracturing and dewatering for coal bed methane. c) Development proposals that would sterilise mineral deposits of economic value will only be supported where: i. there is an overriding need for the development and prior extraction of the mineral cannot reasonably be undertaken; or ii. extraction of the mineral is impracticable or unlikely to be environmentally acceptable. d) Development proposals for the sustainable extraction of minerals will only be supported where they: i. will not result in significant adverse impacts on biodiversity, geodiversity and the natural environment, sensitive habitats and the historic environment, as well as landscape and visual impacts; ii. provide an adequate buffer zone between sites and settlements taking account of the specific circumstances of individual proposals, including size, duration, location, method of working, topography, and the characteristics of the various environmental effects likely to arise; iii. can demonstrate that there are no significant adverse impacts (including cumulative impact) on any nearby homes, local communities and known sensitive receptors and designations; iv. demonstrate acceptable levels (including cumulative impact) of noise, dust, vibration and potential pollution of land, air and water; v. minimise transport impacts through the number and length of lorry trips and by using rail or water transport wherever practical; vi. have appropriate mitigation plans in place for any adverse impacts; vii. include schemes for a high standard of restoration and aftercare and commitment that such work is undertaken at the earliest opportunity. As a further Policy Intent: To support the sustainable management of resources and minimise the impacts of the extraction of minerals on communities and the environment. Policy Outcomes: • Sufficient resources are available to meet industry demands, making an essential contribution to the Scottish economy. • Important raw materials for manufacturing, construction, agriculture, and other industries are available. • Important workable mineral resources are protected from sterilisation by other developments. • Communities and the environment are protected from the impacts of mineral extraction. Page 99 of 184
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Policy impact: Conserving and recycling assets Key policy connections: Tackling the climate and nature crises Biodiversity Natural places Historic assets and places Zero waste Infrastructure first Health and safety safeguard a range of financial guarantee options are available, and the most effective solution should be considered and agreed on a site-by-site basis. Solutions should provide assurance and clarity over the amount and period of the guarantee and in particular, where it is a bond, the risks covered (including operator failure) and the triggers for calling in a bond, including payment terms. e) Development proposals for borrow pits will only be supported where: i. the proposal is tied to a specific project and is time-limited; ii. the proposal complies with the above mineral extraction criteria taking into account the temporary nature of the development; and iii. appropriate restoration proposals are enforceable Page 100 of 184
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Local Review Body Procedure Stage 1 • Introduction and sederunt (Convener/Clerk to Committee) Stage 2 • Summary of Agenda papers (Convener/Clerk to Committee) • Planning Adviser speaks to Adviser Report (Planning Adviser) • Questions to Planning Adviser Stage 3 • Agree that there is sufficient information to determine the application (Convener) Stage 4 • Discussion of Case and Decision (Convener/Members) Item 3(a) Page 101 of 184
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Our Ref: Your Ref: Contact: Tel: E-mail: Date: 22/00274/FUL Patricia Beaton 01236 632500 Planningenquiry@northlan.gov.uk 20 October 2023 ROR Construction And Property Ltd c/o DTA 9 Montgomery Street The Village East Kilbride Scotland G74 4JS Dear Sir/Madam, Town and Country Planning (Scotland) Act 1997 Proposal: Four dwellinghouses with parking and landscaping Address: 324 Morningside Road, Morningside, Newmains, North Lanarkshire, ML2 9QS I refer to your application for the above proposal. I advise you that this application was refused on 20 October 2023. I enclose a copy of the Decision Notice. Should you wish to seek a review of this decision, please read the attached guidance notes to applicant. Any request for a review must be made within three months of the date of this decision. Yours faithfully, Lorna Bowden Planning And Place Manager Enterprise And Communities Lorna Bowden Planning And Place Manager Ground Floor Civic Centre Windmillhill Street Motherwell ML1 1AB Item 3(b) Page 103 of 184
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REFUSAL OF PLANNING PERMISSION Delegated Decision Town and Country Planning (Scotland) Act 1997 No: 22/00274/FUL Date: 20 October 2023 To: ROR Construction And Property Ltd c/o DTA 9 Montgomery Street The Village East Kilbride Scotland G74 4JS Proposal: Four dwellinghouses with parking and landscaping Address: 324 Morningside Road, Morningside, Newmains, North Lanarkshire, ML2 9QS With reference to your application dated 10 March 2022, North Lanarkshire Council in exercise of its powers under the above Act, hereby REFUSES planning permission for the reasons indicated in the paper apart. The council’s reasoning for arriving at the above decision is as follows:- Reasoned Justification The proposed development fails to meet the criteria set out in policy PP 4 (Green Belt) contained within the North Lanarkshire Local Development Plan 2022, in that it has not been demonstrated that is necessary in association with uses appropriate only to a Green Belt location. The proposed development would represent an unacceptable departure to the Green Belt policies within both NPF 4 and the North Lanarkshire Local Development Plan 2022. It is therefore not considered to be acceptable in principle in this Green Belt location. The development is poorly located in terms of access to amenities and public transport. Lorna Bowden Planning And Place Manager Page 104 of 184
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Paper apart Reasons 1 That the proposed development is contrary to Green Belt policy PP 4 and AD 4 of the North Lanarkshire Local Development Plan 2022 and policy 8 Green Belts of NPF 4. In particular, the development would result in an unacceptable departure to Green Belt policy resulting in an adverse impact on the function of the Green Belt. No adequate justification, special circumstances or material considerations have been demonstrated to merit a departure from the development plan. 2 That even if the proposed development were to be considered to be acceptable in principle in the Green Belt (as already indicated in reason 1, it is not acceptable in principle), the proposed development would be contrary to NPF 4 policies 1 Tackling the climate and nature crises, 2 Climate mitigation and adaptation, and Local Living and 20 minute neighbourhoods (policy 15) in that it will be primarily accessed by private vehicles rather than by more sustainable modes of transport. Page 105 of 184
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Additional Notes to Applicant: PLEASE READ THESE NOTES CAREFULLY. These notes do not constitute legal advice, and are not intended to be a comprehensive guide to laws which may apply to the development which you propose to carry out. If you wish to obtain advice on which you will be entitled to rely, you must consult a solicitor or other appropriate professional adviser, e.g. an architect or chartered surveyor. 1. A copy of the plan which accompanied your application is returned docketed appropriately. 2. Rights of aggrieved applicants to seek review of the decision: If the applicant is aggrieved by this decision taken under delegated powers by the planning authority they may request that a review of the decision is undertaken by the council’s Local Review Body. Any request for a review (Notice of Review) must be made within three months of the date of this decision and should be addressed to Committee Services, Civic Centre, Windmillhill Street, Motherwell ML1 1AB. The appropriate Notice of Review form is available online at www.eplanning.scot . In the event of a review, the Local Review Body may uphold the original decision or may reverse or vary any part of it and may deal with the application as if it had been made to them in the first instance, regardless of the specific issues raised in the Notice of Review. 3. If permission to develop land is refused and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, he may serve on the planning authority a purchase notice of his interest in the land in accordance with the provisions of Sections 88 to 94 of the Town and Country Planning (Scotland) Act 1997. 4. Where it appears to the planning authority that there has been a breach of planning control, they may serve enforcement and stop notices requiring the breach to be remedied. Page 106 of 184
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Page 1 of 5 Civic Centre Windmillhill Street Motherwell ML1 1AB Tel: 01236 632500 Fax: 01698 302115 Email: esPlanning@northlan.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100541450-006 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity DTA DTA . Montgomery Street 9 01355260909 G74 4JS Scotland East Kilbride The Village katie.macmillan@dta.scot Item 3(c) Page 109 of 184
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting North Lanarkshire Council Montgomery Street 9 G74 4JS Land at 324 Morningside Road Newmains Wishaw Scotland East Kilbride The Village katie.macmillan@dta.scot ROR Construction and Property Ltd Page 110 of 184
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Proposed mews style residential development incorporating 4no. one and a half storey dwellinghouses Please see attached supporting statement Page 111 of 184
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Supporting Statement 22/00274/FUL 20/10/2023 09/03/2022 Page 112 of 184
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: . DTA . Declaration Date: 17/01/2024 Page 113 of 184
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Request for Review - Planning Application Reference: 22/00274/FUL January 2024 Page 114 of 184
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CLIENT: ROR CONSTRUCTION & PROPERTY LTD PROJECT: PROPOSED MEWS STYLE RESIDENTIAL DEVELOPMENT INCORPORATING 4 ONE AND A HALF STOREY DWELLINGHOUSES 324 MORNINGSIDE ROAD, NEWMAINS WISHAW, ML2 9QS JOB No: R60.01 REV: - Page 115 of 184
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INTRODUCTION This document is in support of the application and why we feel the decision should be overturned. EXISTING SITE The application site is situated at Morningside Road in Newmains, Wishaw and is currently a disused site. There was a derelict building within the site which had no roof remaining, and trees of a self- seeded nature had grown in the internal floor area to the point some were higher than the original roof ridge line. Structural engineers had been brought in to assess and they stated that the property had become dangerous. However, the client became aware through topographical survey engineers who he had employed that the building had been demolished. North Lanarkshire Council, as well as the Sheriff’s Office in Glasgow, were informed of this offence on the 9th March 2017. The site had a planning approval in 2008 (07/01997/LBC for the conversion and extension of the former residential school. Planning approval 2008 The site remains unused and overgrown with the loss of the property there being felt at Morningside Road. To the west of the application site there is a new build house which received planning approval in September 2016. The dwellinghouse is a large two storey dwelling with a double door garage connected to the side with a floor above providing a one and three quarter storey height. The style itself leans more towards the modern with large render sections and a protruding area at first floor providing a sheltered aspect to the main entrance. Page 116 of 184
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To the south of the side, down Morningside Road, there is a row of small one and three quarter storey height dwellings which are styled like older country houses with white render and black painted window border details. To the north there are brick/stone basecourse bungalows incorporating a range of styles from pebbledash brown render to white. The site itself is 0.185 hectares, with a width of 45.6m and a length of 37.4m. The site is relatively flat and with the proposals having parking to the front then this would allow the building to sit well towards the rear with substantial space left for a rear garden to each dwelling. The requirements for disabled access will be met without much work needing carried out on the site due to the gradient being minimal. Google Street View of the application site Proposed Site Plan Page 117 of 184
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PROPOSALS The proposal is for a mewes style residential development incorporating 4 one and a half storey dwellinghouses, incorporating modern internal layouts with traditional country farm elevations forming a U shape facing the road. The finishes will be of smooth white render with black brick basecourse and chimney, along with black framed windows and borders and slate like finish for the roof. This style will tie it in with other facades in the area and fit in within the landscape of Morningside Road. Proposed Elevations The dwellings sit back from the road with the parking providing a barrier for privacy. Each 3 bed property has an entrance lobby with WC and storage cupboards along with stairs leading up to the first floor. From the lobby is the lounge with double doors leading into the kitchen and dining area. From this open plan kitchen/dining room there is a rear door to access the garden. Upstairs there is more storage spaces along with the bathroom, and 3 bedrooms with the master having its own en- suite shower room. Page 118 of 184
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Proposed Ground & First Floor Plan Landscaping aspects will be implemented within the proposal to include for shrubbery, and this will provide a more aesthetic touch to the site and blend in with the surrounding area as opposed to the overgrown greenery which has started to protrude out into the road itself. ASSOCIATED POLICIES AND NEIGHBOURING PRECEDENT As mentioned previously, a new build 7 bedroom house has been erected just behind the application site and sits at two storeys tall with large sloping roof providing a high ridge height overall. The erected house contains overhanging sections of floor at first floor level which isn’t like any other dwelling in the area. The application site has taken care to ensure a design aesthetic that is in keeping with the area around Morningside Road providing an appropriate mass for 4 dwellings within the one area. The mewes style of connecting houses is one of the traditional styles of housing within the rural setting, and the U shape design evokes an almost courtyard layout. Under the North Lanarkshire Local Plan Assessing Development in the Green Belt there are criteria in place for assessing an acceptable development. The site proposal does have a specific locational need, bringing purpose back to the disused site through which an illegal demolition took place. The scale and form have been designed to suit the surrounding existing location and move away from the grandiose over massing of the property next door. There are no undue infrastructure implications, and the environmental impact will be minimal. Landscaping is currently overgrown and unsightly with sections starting to protrude into the road itself. The application site would look to tidy this site up, but still allow the landscaping to follow Page 119 of 184
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through the streetscape. Plants and shrubbery along with new tree placement would show the development be in keeping with the surrounding landscape. The reason for refusal was That the proposed development is contrary to Green Belt policy PP 4 and AD 4 of the North Lanarkshire Local Development Plan 2022 and policy 8 Green Belts of NPF 4. CONCLUSION To conclude the Supporting Statement, we feel that there are no reasons why the proposal should not be considered for approval. The proportion and height of the dwellings is in keeping with the rural country setting, and the material choice is sympathetic to the area as well. The design provides privacy for the proposal by forming a barrier to Morningside Road with the car parking and landscaping to the front. Notice also needs to be made to the large villa style 7 bedroom two storey dwelling behind the application site and the lack of understanding and connection to the surrounding area in terms of massing and scale. By having the mewes style 4 dwelling attached development there is a much more appropriate mass and scale for the area of Newmains. We also feel that given the site had a building on it (which was illegally demolished) the site should be regarded as a brownfield site. The Appellant request that there appeal is allowed. Page 120 of 184
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Protecting the public and the environment in mining areas 1 200 Lichfield Lane Berry Hill Mansfield Nottinghamshire NG18 4RG Tel: 01623 637 119 (Planning Enquiries) Email: planningconsultation@coal.gov.uk Web: www.gov.uk/coalauthority For the Attention of: Ms P Beaton – Case Officer North Lanarkshire Council [By Email: econsultation@northlan.gov.uk] 7 June 2022 Dear Ms Beaton PLANNING APPLICATION: 22/00274/FUL Four dwellinghouses with parking and landscaping; 324 Morningside Road, Morningside, Newmains, North Lanarkshire, ML2 9QS Thank you for your consultation letter of 25 May 2022 seeking the views of the Coal Authority on the above planning application. The Coal Authority is a non-departmental public body sponsored by the Department of Business, Energy & Industrial Strategy. As a statutory consultee, the Coal Authority has a duty to respond to planning applications and development plans in order to protect the public and the environment in mining areas. The Coal Authority Response: Material Consideration I have reviewed the proposals and confirm that the application site falls within the defined Development High Risk Area; therefore within the application site and surrounding area there are coal mining features and hazards which need to be considered in relation to the determination of this planning application. The applicant has obtained appropriate and up-to-date coal mining information for the proposed development site and has used this information to inform the Coal Mining Risk Assessment (16 May 2022, prepared by MM-EC Geoenvironmental Ltd), which accompanies this planning application. The report correctly identifies that the application site may have been subject to past coal mining activity. The Coal Authority records indicate that the site is likely to have been subject to historic unrecorded underground coal mining at shallow depth. Item 3(e) Page 129 of 184
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Protecting the public and the environment in mining areas 2 The report has been informed by an appropriate range of sources of information; including geological mapping and borehole data. The report confirms that it would be prudent to drill rotary boreholes to establish the exact situation with regard to potential unrecorded shallow mine workings and to establish any necessary remedial measures. The intrusive site investigations should be designed and undertaken by competent persons and should be appropriate to assess the ground conditions on the site in order to establish the coal-mining legacy present and the risks it may pose to the development and inform any remedial works and/or mitigation measures that may be necessary. The applicant should note that Permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb coal property. Please note that any comments that the Coal Authority may have made in a Planning context are without prejudice to the outcomes of a Permit application. Mine Gas It should be noted that wherever coal resources or coal mine features exist at shallow depth or at the surface, there is the potential for mine gases to exist. These risks should always be considered by the LPA. The Planning & Development team at the Coal Authority, in its role of statutory consultee in the planning process, only comments on gas issues if our data indicates that gas emissions have been recorded on the site. However, the absence of such a comment should not be interpreted to imply that there are no gas risks present. Whether or not specific emissions have been noted by the Coal Authority, local planning authorities should seek their own technical advice on. SUDS It should be noted that where SUDs are proposed as part of the development scheme consideration will need to be given to the implications of this in relation to the stability and public safety risks posed by coal mining legacy. The developer should seek their own advice from a technically competent person to ensure that a proper assessment has been made of the potential interaction between hydrology, the proposed drainage system and ground stability, including the implications this may have for any mine workings which may be present beneath the site. The Coal Authority Recommendation to the LPA The Coal Authority concurs with the recommendations of the Coal Mining Risk Assessment that coalmining legacy potentially poses a risk to the proposed development and that intrusive site investigation works should be undertaken prior to development in order to establish the exact situation regarding coal mining legacy issues on the site. Accordingly, the Coal Authority recommends the imposition of the following conditions: 1. No development shall commence until; Page 130 of 184
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Protecting the public and the environment in mining areas 3 a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity, and; b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. 2. Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. The Coal Authority therefore has no objection to the proposed development subject to the imposition of the conditions to secure the above. This is our recommendation for condition wording. Whilst we appreciate that you may wish to make some amendment to the choice of words, we would respectfully request that the specific parameters to be satisfied are not altered by any changes that may be made. Please do not hesitate to contact me if you would like to discuss this matter further. Yours sincerely Chris MacArthur Chris MacArthur B.Sc.(Hons), DipTP, MRTPI Planning Liaison Manager General Information for the Applicant Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications. Failure to obtain permission will result in trespass, with the potential for court action. In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: https://www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property Page 131 of 184
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Protecting the public and the environment in mining areas 4 Disclaimer The above consultation response is provided by The Coal Authority as a Statutory Consultee and is based upon the latest available data on the date of the response, and electronic consultation records held by The Coal Authority since 1 April 2013. The comments made are also based upon only the information provided to The Coal Authority by the Local Planning Authority and/or has been published on the Council's website for consultation purposes in relation to this specific planning application. The views and conclusions contained in this response may be subject to review and amendment by The Coal Authority if additional or new data/information (such as a revised Coal Mining Risk Assessment) is provided by the Local Planning Authority or the Applicant for consultation purposes. In formulating this response The Coal Authority has taken full account of the professional conclusions reached by the competent person who has prepared the Coal Mining Risk Assessment or other similar report. In the event that any future claim for liability arises in relation to this development The Coal Authority will take full account of the views, conclusions and mitigation previously expressed by the professional advisers for this development in relation to ground conditions and the acceptability of development. Page 132 of 184
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File path NORTH LANARKSHIRE COUNCIL INTERNAL MEMORANDUM TO: HEAD OF PLANNING AND DEVELOPMENT F.A.O: Patricia Beaton FROM: Community Greenspace Manager - Greenspace Development ASK FOR: Biodiversity and Access Officers greenspace@northlan.gov.uk YOUR REF: 22/00274/FUL MY REF: DATE: 27/06/22 COPIED TO: SUBJECT: Newmains, Morningside, 324 Morningside Road - Four dwellinghouses with parking and landscaping Designation The site has no nature conservation designations within it. Biodiversity The site lies within a walled garden ground and has recently had earth works stored within it. There are mature broadleaved trees around the periphery of the site. These should be kept where possible. If this is not possible compensatory tree planning should be undertaken with suitable native species. Protected Species Works must be carried out within a year of all requested surveys. Updated surveys will be required if this is not possible. A suitably qualified ecologist, preferably a member of the Chartered Institute of Ecology and Environmental Management, is required to carry out all recommended surveys. All recommended surveys must be carried out within the appropriate season and under optimum weather conditions. Bats If any of the mature trees are to be removed, they must be examined for bat roost potential. If potential is found then a bat emergence survey will be required. This should be carried out between May and September and under optimal weather conditions. All surveys should follow Bat Surveys for Professional Ecologists – Good Practice Guidelines produced by Bat Conservation Trust (Collins 2016). A European Protected Species licence will be required if a roost or roosts is confirmed within any trees that are to be removed. This is issued by NatureScot. Page 134 of 184
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File path Reason: All bat species found in the UK are protected nationally under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation (Natural Habitats &c.) Regulations 1994, the latter of which transposes the EC Habitats Directive 1992 into a UK context. In addition, all species present in the UK are protected by international legislation due to their listing on Annexe IV of the Directive. Breeding Birds Removal of any scrub should be undertaken out with the breeding bird season. The breeding season is March to September. If this is not possible, an experienced ecologist is required to inspect the trees and scrub to check for nesting birds 24 hours before work commences. If any nesting birds are identified, then these habitats must not be disturbed until all of the chicks have fledged. Reason All wild birds, their nests and eggs are protected under the Wildlife & Countryside Act 1981 Access The application site looks to sit within the old boundary footprint of what was once Holmhill Farm and its associated private garden. The farm appears long gone and the garden has grown wild, so access rights probably apply under the Land Reform (Scotland) Act 2003 [LRA]. Section 6(1)(a) of the LRA excludes from access rights land on which there is any building or other structure or works, plant, fixed machinery, caravans, tents or other places used to give a person privacy or shelter. Section 6(1)(b)(iv) also excludes land which is adjacent to a house, caravan, tent or other similar domestic place as is sufficient to give persons living there reasonable measures of privacy and undisturbed enjoyment. This would apply to a private garden and associated drive and parking spaces. Therefore, access rights would be excluded upon construction of the dwelling houses, and would continue to be restricted upon completion of the works. The remote and isolated nature of the site means it’s unlikely to be currently used in any meaningful fashion by local access takers. The application will likely have a negligible effect on exercising local access takers. No Core Path or recorded Right of Way is affected. No objection. Page 135 of 184
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File path Conclusion In terms of biodiversity, Greenspace Development ask for confirmation on any tree removal – associated bat survey and compensatory planning if removal is to take place. Page 136 of 184
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File path NORTH LANARKSHIRE COUNCIL INTERNAL MEMORANDUM TO: HEAD OF PLANNING AND DEVELOPMENT F.A.O: Patricia Beaton FROM: Community Greenspace Manager - Greenspace Development ASK FOR: Biodiversity and Access Officers greenspace@northlan.gov.uk YOUR REF: 22/00274/FUL MY REF: DATE: COPIED TO: SUBJECT: Newmains, Morningside, 324 Morningside Road - Four dwellinghouses with parking and landscaping Biodiversity A bat roost potential and survey was undertaken for bats which found 19 trees with moderate potential and 1 tree with low potential. A further dusk and pre-dawn survey was carried out. No bats were recorded emerging or entering any of the trees. Greenspace Development accepts the finding of this survey. If works have not commenced within 1 year of this survey an updated survey will be needed. Within our original response dated the 27/06/22 we stated that there are mature broadleaved trees around the periphery of the site. These should be kept where possible. If this is not possible compensatory tree planning should be undertaken with suitable native species. This should be conditioned. Access See 22/00274/FUL Page 137 of 184
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NORTH LANARKSHIRE COUNCIL INTERNAL MEMORANDUM TO: Head of Planning & Development Central Area Office Kildonan Street Coatbridge FROM: Andrew McPherson Head of Regulatory Services & Waste Solutions 453 Main Street Coatbridge ML5 3RS FAO P Beaton Ask for: Margaret Morgan Ext 07793599105 Your Ref. My Ref. 22/00274/FUL Date 01/06/22 Copied to: Subject: 22/00274/FUL Four dwellinghouses with parking and landscaping 324 Morningside Road, Morningside, Newmains, North Lanarkshire, ML2 9QS Grid Reference: 283425 654566 Ward No: 20 1. Construction work associated with this development shall conform to BS-5228, Noise from Construction and Open Sites. 2. Due to the close proximity of the development to noise sensitive dwellings during the period of construction working hours should be limited to: 8.00am to 7.00pm Monday to Friday 8.00am to 1.00pm Saturdays. No noise to be audible from the site on Sundays or Bank Holidays. AIR QUALITY 1. Best practicable means shall be adopted to control site generated dust and prevent dust emission beyond the site boundary. If site generated dust is found to be impacting upon property/residents out with the site the operation responsible shall be suspended until suitable dust suppression measures are put in place. 2. During preparation of the site and construction no waste materials may be burned on site CONTAMINATED LAND 1. To ensure potential risks arising form previous land uses around the site have been fully assessed, before the development starts, a comprehensive site investigation requires to be submitted to the satisfaction of the Local Authority. The investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2001 “The Investigation of Potentially Contaminated Sites”. The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication, Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Authorities before development begins. IT IS NOTED THAT THERE IS A COAL MINING Page 138 of 184
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REPORT IN IDOX HOWEVER THIS WILL BE REVIEWED ONCE A FULL SITE INVESTIGATION HAS BEEN RECEIVED TO PREVENT ADDITIONAL REVIEWS. Regards Margaret Morgan Pollution Control North Lanarkshire Council Margaret Morgan Environmental Health Officer Page 139 of 184
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NORTH LANARKSHIRE COUNCIL INFRASTRUCTURE AND TRANSPORTATION ROADS DEVELOPMENT MANAGEMENT OBSERVATIONS ON PLANNING APPLICATION Roads Contact John Barr Planning Contact Patricia Beaton Planning Application No. 22/00274/FUL Drg. No. L(0-) 02 Applicant ROR Construction and Property Ltd Proposed Development Erection of four private dwellinghouses with parking and landscaping Location 324 Morningside Road, Morningside, (283425E 658566N) 1. EXISTING ROADS – Consideration of the: General impact, Type of Connection(s) (Road Junction/ Footway crossing), Location (s) of connection (s), Sightlines, Pedestrian Provision 1.1 The visibility splay (looking in each direction along Morningside Road) for vehicles exiting the proposed access requires to be illustrated on a proposed works drawing. The minimum vehicular visibility splay requirements for this proposal is 4.5m x 90m due to the proximity of the national speed limit, this should be added to the layout. 1.2 Nothing should be constructed, placed, or planted greater than 1.05m above the adjacent road channel level within the visibility splays. 1.3 Proof of land ownership should be demonstrated for areas within the visibility splay. 1.4 Access to be minimum 5.5m wide with a junction radius of 6m. 1.5 Morningside Road currently provides vehicular access to residential and commercial premises. Short lengths of footway exist on the east side of Morningside Road. Consequently, access to the footway network would require to be provided, a 2m wide footway shall be required to be constructed along the full frontage of the site on the west side of Morningside Road. 2. NEW ROADS - Consideration of the: Width, Layout, Junction details (location, radii, sightlines), Turning Facilities, Pedestrian Provision, Provision for Services No comments. 3. SERVICING AND PARKING - Consideration of the: Servicing arrangements/ driveways, Parking provision, Layout of parking 3.1 Any gates proposed must open inwards only and be set back at least 6m from the heel of the footway to permit vehicles to wait off carriageway whilst opening and closing the gates. 3.2 The informal courtyard must incorporate a trapped drainage system to prevent any discharge of water onto the public footway/ carriageway. 3.3 A minimum of three car parking spaces for a four-bedroom dwelling, and a minimum of two car parking spaces should be provided for a three bedroom dwelling plus 25% visitor parking per dwelling, within the curtilage of the proposed development site. 3.4 A turning facility should be provided within the curtilage of the proposed development site to allow refuge / service vehicles to enter and leave the site in a forward gear, swept path analysis for refuge / service vehicles must be provided. 3.5 A segregated pedestrian access should be provided adjacent to the proposed vehicular access for the proposed development. RECOMMENDATION I have no objections subject to conditions noted in 1.1 – 1.5 and 3.1 – 3.5 above. NOTES FOR INTIMATION TO APPLICANT (i) CONSTRUCTION CONSENT (S21)* Required for all adoptable roads and footpaths (ii) ROAD BOND (S17)* Required if building works are to be undertaken before roads are completed. (iii) ROAD OPENING PERMIT (S56)* Required for any works on the public road *Relevant section of the Roads (Scotland) Act 1984 pp Business Manager, Infrastructure and Transportation Date 08/07/2022 Page 140 of 184
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1 Patricia Beaton From: Brian Ray Sent: 16 May 2023 11:02 To: Patricia Beaton Cc: John Barr Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Hi Patricia, Typically in rural situations the Council will cut the first 2m of grass if a grass verge exists, this does not assume ownership, merely grass cutting. The areas I have highlighted below are not grassed verge but heavy vegetation, ie boundary hedgerows, these are NOT under Council ownership or maintenance and it is up to the applicant to demonstrate ownership. Thank you. Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 15 May 2023 13:13 To: Brian Ray <RayB@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian I asked the applicant if they were in control of the land highlighted within the visibility splay below and the applicant has now advised that they ‘feel this in the adopted grass verge’. Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk Page 141 of 184
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2 http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Brian Ray <RayB@northlan.gov.uk> Sent: 19 April 2023 17:11 To: Patricia Beaton <beatonp@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Ok Patricia, Absolutely, the visibility splays are critical in terms of road safety, if they do not control the entire areas within the splays then they cannot meet the minimum visibility requirements for the access, in this instance we are talking a significant length not just a few metres and consequently we would then recommend refusal. Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 19 April 2023 17:07 To: Brian Ray <RayB@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian The applicant has not indicated that they own any of the land to the north including where the trees/vegetation is. I could contact them tomorrow to find out. If they don’t have control of this area, is it a significant issue? Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) Page 142 of 184
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3 North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Brian Ray <RayB@northlan.gov.uk> Sent: 19 April 2023 16:24 To: Patricia Beaton <beatonp@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Hi Patricia, Thank you for the amended layout illustrating the minimum vis splays in each direction, I have indicated in the red segment below the trees/vegetation that currently fall within the visibility splays, some of the trees are significant, essential areas appear to be out with the applicant’s control, can you clarify please? Thank you. Page 143 of 184
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4 Brian Ray Team Leader, Transportation Engineering (South Area) Page 144 of 184
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5 Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 31 March 2023 11:31 To: Brian Ray <RayB@northlan.gov.uk> Subject: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian We have received a revised proposed site plan (L(0-)02 RevB) which shows a revised site access following your recent comments. This drawing is available online and on IDOX dated 29.03.2023. Please let me know if you have any further comments. I have also sent through a consultation in the usual way. Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. Page 145 of 184
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1 Patricia Beaton From: Brian Ray Sent: 04 October 2023 15:48 To: Patricia Beaton Cc: Gary Wood Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Follow Up Flag: Follow up Flag Status: Flagged Hi Patricia, That is regrettable, consequently unless the applicant can provide the following then I would recommend refusal of this application on road safety grounds. The proposed access is 70m or thereabouts from the change in speed limit, therefore it would not be reasonable to insist on an enhanced Y visibility distance in this instance. However, this is not a driveway but an access to a car park, consequently the absolute minimum visibility splay requirements are as follows:- X = 4.5m Y = 60m Corner Radii - 7.5m (currently 6m) Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk Page 146 of 184
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2 From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: Friday, September 29, 2023 2:07 PM To: Brian Ray <RayB@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian Since your last email the applicant has not provided any further clarification regarding their ownership or provided any further information at all. The applicant has requested that the application be determined based on the information as submitted. Can you please provide any final comments regarding this application. Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Brian Ray <RayB@northlan.gov.uk> Sent: Tuesday, May 16, 2023 11:02 AM To: Patricia Beaton <beatonp@northlan.gov.uk> Page 147 of 184
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3 Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Hi Patricia, Typically in rural situations the Council will cut the first 2m of grass if a grass verge exists, this does not assume ownership, merely grass cutting. The areas I have highlighted below are not grassed verge but heavy vegetation, ie boundary hedgerows, these are NOT under Council ownership or maintenance and it is up to the applicant to demonstrate ownership. Thank you. Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 15 May 2023 13:13 To: Brian Ray <RayB@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian I asked the applicant if they were in control of the land highlighted within the visibility splay below and the applicant has now advised that they ‘feel this in the adopted grass verge’. Thanks Page 148 of 184
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4 Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Brian Ray <RayB@northlan.gov.uk> Sent: 19 April 2023 17:11 To: Patricia Beaton <beatonp@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Ok Patricia, Absolutely, the visibility splays are critical in terms of road safety, if they do not control the entire areas within the splays then they cannot meet the minimum visibility requirements for the access, in this instance we are talking a significant length not just a few metres and consequently we would then recommend refusal. Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Page 149 of 184
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5 Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 19 April 2023 17:07 To: Brian Ray <RayB@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian The applicant has not indicated that they own any of the land to the north including where the trees/vegetation is. I could contact them tomorrow to find out. If they don’t have control of this area, is it a significant issue? Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. Page 150 of 184
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6 From: Brian Ray <RayB@northlan.gov.uk> Sent: 19 April 2023 16:24 To: Patricia Beaton <beatonp@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Hi Patricia, Thank you for the amended layout illustrating the minimum vis splays in each direction, I have indicated in the red segment below the trees/vegetation that currently fall within the visibility splays, some of the trees are significant, essential areas appear to be out with the applicant’s control, can you clarify please? Thank you. Page 151 of 184
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8 Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 31 March 2023 11:31 To: Brian Ray <RayB@northlan.gov.uk> Subject: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian We have received a revised proposed site plan (L(0-)02 RevB) which shows a revised site access following your recent comments. This drawing is available online and on IDOX dated 29.03.2023. Please let me know if you have any further comments. I have also sent through a consultation in the usual way. Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk Page 153 of 184
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9 http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. Page 154 of 184
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1 Patricia Beaton From: John Barr Sent: 27 September 2022 10:50 To: Patricia Beaton Cc: Brian Ray Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry Follow Up Flag: Follow up Flag Status: Flagged Patricia, With regard to the visibility splays requested, we are aware that the road adjacent to the proposed development has a 30mph speed limit, however the development is in close proximity to a section of road that is national speed limit, and we are concerned that speeds here will require the visibility splay requested. The developer should have a speed survey carried out on the road adjacent to the proposed development, if the actual speeds are acceptable we could reduce the visibility splay. Regards John Barr Engineer/Technical Officer, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07709 481 638| Email: barrjo@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 21 September 2022 11:48 To: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry John With regards to the visibility splay required for this application, are you able to provide any further clarification? Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Fleming House Page 155 of 184
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2 2 Tryst Road Cumbernauld G67 1JW Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Patricia Beaton Sent: 29 August 2022 11:52 To: John Barr <BarrJo@northlan.gov.uk> Subject: FW: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry John The applicant’s consultant is querying the requested visibility splays and believe that they appear excessive given the site is within the 30mph zone. The visibility splay requested was ‘The visibility splay (looking in each direction along Morningside Road) for vehicles exiting the proposed access requires to be illustrated on a proposed works drawing. The minimum vehicular visibility splay requirements for this proposal is 4.5m x 90m due to the proximity of the national speed limit, this should be added to the layout.’ The applicant is looking for some clarification on the required visibility splay given they believe the site is within a 30mhp zone. Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Fleming House 2 Tryst Road Cumbernauld G67 1JW Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. Page 156 of 184
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3 From: Katie MacMillan <katie.macmillan@dta.scot> Sent: 29 August 2022 11:41 To: Patricia Beaton <beatonp@northlan.gov.uk> Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains Good Morning Patricia, Hope you had a great weekend. With reference to the email below we have been reviewing the points and consulted a Roads and Transportation Engineer with regards to the comments. They have queried the requested visibility splays and noted they appear excessive given the site is within the 30mph zone, so they are looking for clarification on this and asked if you or the Roads Development Service can advise on this please. Many thanks for your assistance, we look forward to hearing from you. Kind Regards, Katie Katie MacMillan | Project Manager 9 Montgomery Street, The Village, East Kilbride, Glasgow, G74 4JS T: 01355-260909 | W: www.dta.scot From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 01 August 2022 17:38 To: Katie MacMillan <katie.macmillan@dta.scot> Subject: 22/00274/FUL- 324 Morningside Road Morningside Newmains Ms MacMillan I refer to the above application. Following consultation with the council’s Roads Development Service I am writing to advise that further information is now required. The Roads Development Service has advised that: 1. The visibility splay (looking in each direction along Morningside Road) for vehicles exiting the proposed access requires to be illustrated on a proposed works drawing. The minimum vehicular visibility splay requirements for this proposal is 4.5m x 90m due to the proximity of the national speed limit, this should be added to the layout. Caution: This email is from an EXTERNAL source. Please be cautious and evaluate before you click on links, open attachments, or provide credentials. Page 157 of 184
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4 2. Nothing should be constructed, placed, or planted greater than 1.05m above the adjacent road channel level within the visibility splays. 3. Proof of land ownership should be demonstrated for areas within the visibility splay. 4. Access to be minimum 5.5m wide with a junction radius of 6m. 5. Morningside Road currently provides vehicular access to residential and commercial premises. Short lengths of footway exist on the east side of Morningside Road. Consequently, access to the footway network would require to be provided, a 2m wide footway shall be required to be constructed along the full frontage of the site on the west side of Morningside Road. 6. Any gates proposed must open inwards only and be set back at least 6m from the heel of the footway to permit vehicles to wait off carriageway whilst opening and closing the gates. 7. The informal courtyard must incorporate a trapped drainage system to prevent any discharge of water onto the public footway/ carriageway. 8. A minimum of three car parking spaces for a four-bedroom dwelling, and a minimum of two car parking spaces should be provided for a three bedroom dwelling plus 25% visitor parking per dwelling, within the curtilage of the proposed development site. 9. A turning facility should be provided within the curtilage of the proposed development site to allow refuge / service vehicles to enter and leave the site in a forward gear, swept path analysis for refuge / service vehicles must be provided. 10. A segregated pedestrian access should be provided adjacent to the proposed vehicular access for the proposed development. Revised site layout drawings are now required. Please submit your revised drawings and other information via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Regards Patricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Fleming House 2 Tryst Road Cumbernauld G67 1JW Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. Page 158 of 184
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5 ********************************************************************* The disclaimer below is for this email and any files attached to it. When we refer to ‘this email’, it includes attachments. If you’ve received this email by mistake, please: - tell the sender straight away; and - delete it along with any other copies in your systems. Only use this email for its intended purpose. You MUST get our explicit permission to use, share, store or copy any part of it in any other way. The views or opinions in this email may not be those of North Lanarkshire Council. They DO NOT legally bind the council in any way. We check all email in our systems to make sure it’s in line with our policies. We may have to release this email – along with responses to it – under freedom of information legislation. We’ve checked this email for viruses. We recommend you do too. We’re NOT responsible for any damage or loss caused by receiving email from us. Read the full email disclaimer on our website: https://www.northlanarkshire.gov.uk/your-council/communication-and-resources/email-disclaimer. ********************************************************************* Page 159 of 184
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1 Patricia Beaton From: Brian Ray Sent: 23 February 2023 12:31 To: John Barr; Patricia Beaton Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry Follow Up Flag: Follow up Flag Status: Flagged Hi Patricia, I have reviewed the applicant’s submission, nonsense I’m afraid with regards to the classification of road and visibility splay. The absolute minimum we will accept is 4.5m x 60m in both directions, there is no room for negotiation, the applicant is proposing 2.5m which is driveway dimensions, this is not a driveway this is an access to a car park, I have amended John’s comment below, please make the applicant aware, happy to discuss with them on a short teams meeting if they so wish. Please respond with the following:[ The submitted swept path analysis is acceptable. The proposed access is 70m or thereabouts from the change in speed limit, therefore it would not be reasonable to insist on an enhanced Y visibility distance in this instance. However, this is not a driveway but an access to a car park, consequently the absolute minimum visibility splay requirements are as follows:- X = 4.5m Y = 60m Corner Radii - 7.5m (currently 6m) Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: John Barr <BarrJo@northlan.gov.uk> Sent: 23 February 2023 11:28 To: Patricia Beaton <beatonp@northlan.gov.uk>; Brian Ray <RayB@northlan.gov.uk> Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry Hi Patricia, Page 160 of 184
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2 Sorry for the delay in getting back to you. Brian, Would you be happy with my comments noted below? I am happy with the swept paths supplied in reply to our comments. Regarding the Visibility Splays as noted previously although the site takes access off a 30mph speed road however the access ids close to where the road changes to the national speed limit, we requested that a speed survey be carried out to determine the actual speeds at the proposed access if we could reduce the visibility splay. As noted in the Visibility Splays & Swept Path Details (DMRB C123) speed measurements can be used to determine Visibility Splays, we would request that a speed survey be carried out at the access location in order that we have a record of actual speeds to make an informed decision on the Visibility Splay required. Speed survey should provide the 85th percentile speed of the traffic. Regards John Barr Engineer/Technical Officer, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07709 481 638| Email: barrjo@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 22 February 2023 16:50 To: John Barr <BarrJo@northlan.gov.uk> Cc: Brian Ray <RayB@northlan.gov.uk> Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry John We received a revised site layout drawing L(0-)02 RevA and a Visibility Splays & Swept Path Details Report both dated 17.01.2023 online and on IDOX. Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Page 161 of 184
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3 Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Brian Ray <RayB@northlan.gov.uk> Sent: 22 February 2023 16:41 To: John Barr <BarrJo@northlan.gov.uk> Cc: Patricia Beaton <beatonp@northlan.gov.uk> Subject: FW: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry Hi John, Patricia informs me that on 19th Jan she advised further info / docs have been received re your previous observation, can you please review ASAP, thank you. Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: John Barr <BarrJo@northlan.gov.uk> Sent: 27 September 2022 10:50 To: Patricia Beaton <beatonp@northlan.gov.uk> Cc: Brian Ray <RayB@northlan.gov.uk> Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry Patricia, With regard to the visibility splays requested, we are aware that the road adjacent to the proposed development has a 30mph speed limit, however the development is in close proximity to a section of road that is national speed limit, and we are concerned that speeds here will require the visibility splay requested. The developer should have a speed survey carried out on the road adjacent to the proposed development, if the actual speeds are acceptable we could reduce the visibility splay. Regards John Barr Engineer/Technical Officer, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Page 162 of 184
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4 Mobile: 07709 481 638| Email: barrjo@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 21 September 2022 11:48 To: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry John With regards to the visibility splay required for this application, are you able to provide any further clarification? Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Fleming House 2 Tryst Road Cumbernauld G67 1JW Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Patricia Beaton Sent: 29 August 2022 11:52 To: John Barr <BarrJo@northlan.gov.uk> Subject: FW: 22/00274/FUL- 324 Morningside Road Morningside Newmains - visibility splay enquiry John The applicant’s consultant is querying the requested visibility splays and believe that they appear excessive given the site is within the 30mph zone. The visibility splay requested was ‘The visibility splay (looking in each direction along Morningside Road) for vehicles exiting the proposed access requires to be illustrated on a proposed works drawing. The minimum vehicular visibility splay requirements for this proposal is 4.5m x 90m due to the proximity of the national speed limit, this should be added to the layout.’ The applicant is looking for some clarification on the required visibility splay given they believe the site is within a 30mhp zone. Page 163 of 184
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5 Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Fleming House 2 Tryst Road Cumbernauld G67 1JW Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Katie MacMillan <katie.macmillan@dta.scot> Sent: 29 August 2022 11:41 To: Patricia Beaton <beatonp@northlan.gov.uk> Subject: RE: 22/00274/FUL- 324 Morningside Road Morningside Newmains Good Morning Patricia, Hope you had a great weekend. With reference to the email below we have been reviewing the points and consulted a Roads and Transportation Engineer with regards to the comments. They have queried the requested visibility splays and noted they appear excessive given the site is within the 30mph zone, so they are looking for clarification on this and asked if you or the Roads Development Service can advise on this please. Many thanks for your assistance, we look forward to hearing from you. Kind Regards, Katie Katie MacMillan | Project Manager Caution: This email is from an EXTERNAL source. Please be cautious and evaluate before you click on links, open attachments, or provide credentials. Page 164 of 184
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6 9 Montgomery Street, The Village, East Kilbride, Glasgow, G74 4JS T: 01355-260909 | W: www.dta.scot From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 01 August 2022 17:38 To: Katie MacMillan <katie.macmillan@dta.scot> Subject: 22/00274/FUL- 324 Morningside Road Morningside Newmains Ms MacMillan I refer to the above application. Following consultation with the council’s Roads Development Service I am writing to advise that further information is now required. The Roads Development Service has advised that: 1. The visibility splay (looking in each direction along Morningside Road) for vehicles exiting the proposed access requires to be illustrated on a proposed works drawing. The minimum vehicular visibility splay requirements for this proposal is 4.5m x 90m due to the proximity of the national speed limit, this should be added to the layout. 2. Nothing should be constructed, placed, or planted greater than 1.05m above the adjacent road channel level within the visibility splays. 3. Proof of land ownership should be demonstrated for areas within the visibility splay. 4. Access to be minimum 5.5m wide with a junction radius of 6m. 5. Morningside Road currently provides vehicular access to residential and commercial premises. Short lengths of footway exist on the east side of Morningside Road. Consequently, access to the footway network would require to be provided, a 2m wide footway shall be required to be constructed along the full frontage of the site on the west side of Morningside Road. 6. Any gates proposed must open inwards only and be set back at least 6m from the heel of the footway to permit vehicles to wait off carriageway whilst opening and closing the gates. 7. The informal courtyard must incorporate a trapped drainage system to prevent any discharge of water onto the public footway/ carriageway. 8. A minimum of three car parking spaces for a four-bedroom dwelling, and a minimum of two car parking spaces should be provided for a three bedroom dwelling plus 25% visitor parking per dwelling, within the curtilage of the proposed development site. 9. A turning facility should be provided within the curtilage of the proposed development site to allow refuge / service vehicles to enter and leave the site in a forward gear, swept path analysis for refuge / service vehicles must be provided. 10. A segregated pedestrian access should be provided adjacent to the proposed vehicular access for the proposed development. Revised site layout drawings are now required. Page 165 of 184
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7 Please submit your revised drawings and other information via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Regards Patricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Fleming House 2 Tryst Road Cumbernauld G67 1JW Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. ********************************************************************* The disclaimer below is for this email and any files attached to it. When we refer to ‘this email’, it includes attachments. If you’ve received this email by mistake, please: - tell the sender straight away; and - delete it along with any other copies in your systems. Only use this email for its intended purpose. You MUST get our explicit permission to use, share, store or copy any part of it in any other way. The views or opinions in this email may not be those of North Lanarkshire Council. They DO NOT legally bind the council in any way. We check all email in our systems to make sure it’s in line with our policies. We may have to release this email – along with responses to it – under freedom of information legislation. We’ve checked this email for viruses. We recommend you do too. We’re NOT responsible for any damage or loss caused by receiving email from us. Read the full email disclaimer on our website: https://www.northlanarkshire.gov.uk/your-council/communication-and-resources/email-disclaimer. ********************************************************************* Page 166 of 184
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1 Patricia Beaton From: Brian Ray Sent: 19 April 2023 17:11 To: Patricia Beaton Cc: John Barr Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Follow Up Flag: Follow up Flag Status: Flagged Ok Patricia, Absolutely, the visibility splays are critical in terms of road safety, if they do not control the entire areas within the splays then they cannot meet the minimum visibility requirements for the access, in this instance we are talking a significant length not just a few metres and consequently we would then recommend refusal. Brian Ray Team Leader, Transportation Engineering (South Area) Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 19 April 2023 17:07 To: Brian Ray <RayB@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian The applicant has not indicated that they own any of the land to the north including where the trees/vegetation is. I could contact them tomorrow to find out. If they don’t have control of this area, is it a significant issue? Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Page 167 of 184
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2 Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. From: Brian Ray <RayB@northlan.gov.uk> Sent: 19 April 2023 16:24 To: Patricia Beaton <beatonp@northlan.gov.uk> Cc: John Barr <BarrJo@northlan.gov.uk> Subject: RE: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Hi Patricia, Thank you for the amended layout illustrating the minimum vis splays in each direction, I have indicated in the red segment below the trees/vegetation that currently fall within the visibility splays, some of the trees are significant, essential areas appear to be out with the applicant’s control, can you clarify please? Thank you. Page 168 of 184
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3 Brian Ray Team Leader, Transportation Engineering (South Area) Page 169 of 184
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4 Infrastructure and Transportation Enterprise & Communities | North Lanarkshire Council Mobile: 07984 926 335| Email: rayb@northlan.gov.uk From: Patricia Beaton <beatonp@northlan.gov.uk> Sent: 31 March 2023 11:31 To: Brian Ray <RayB@northlan.gov.uk> Subject: 22/00274/FUL - 324 Morningside Road Morningside Newmains - revised site access Brian We have received a revised proposed site plan (L(0-)02 RevB) which shows a revised site access following your recent comments. This drawing is available online and on IDOX dated 29.03.2023. Please let me know if you have any further comments. I have also sent through a consultation in the usual way. Thanks Tricia Patricia Beaton MRTPI Planning Officer (Development Management) North Lanarkshire Council Enterprise and Communities Enterprise and Place Planningenquiry@northlan.gov.uk http://www.northlanarkshire.gov.uk Please be advised we no longer accept resubmissions/additional documents via e-mail for planning applications. Please submit your document via the Scottish Government ePlanning Portal http://www.edevelopment.scot/eDevelopmentClient/ using the Additional Documents Form. Find out more about how we are dealing with your enquiry or application and how to make a payment. Page 170 of 184
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North Lanarkshire Council Report Local Review Body Does this report require to be approved? ☒ Yes ☐ No Ref 22/00274/FUL Date 29/02/24 Planning Application: Planning Adviser Background Report From Pamela Humphries, Chief Officer (Place) E-mail laingg@northlan.gov.uk Telephone Gordon Laing, 07970018874 Executive Summary This background report summarises the key considerations for review by the members of the Local Review Body in determining the appellants appeal against the delegated refusal of their application. Recommendations That the members of the Local Review Body note the content of this background report. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection Programme of Work Transforming Places Item 3(f) Page 171 of 184
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1. Background 1.1 Planning Application 22/00274/FUL for four dwellinghouses with parking and landscaping at 324 Morningside Road, Morningside, Newmains was refused planning permission under delegated powers on the 20th of October 2023. 1.2 A notice of review was submitted by the appellant dated 17th January 2024. 2. Description of Proposal and Location 2.1 Description of proposal: Four dwellinghouses with parking and landscaping Location: 324 Morningside Road, Morningside, Newmains 2.2 The application site measures approximately 0.18 ha in size and is located to the southeast of the village of Morningside. There are two residential properties to the north and west of the application site. 2.3 Site Context Google Aerial View 1 Page 172 of 184
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Google Aerial View 2 2.4 Plans Location Plan Page 173 of 184
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Existing Site Plan Proposed Site Plan Page 174 of 184
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Proposed Elevations Proposed Floor Plans Page 175 of 184
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2.5 Site Photographs Site From South-East (Morningside Road) Site From South-East (Morningside Road) Page 176 of 184
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Site From South Site From South Page 177 of 184
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Site From North (Morningside Road) 2.6 Planning Policy 2.7 National Planning Framework 4 (NPF4) adopted on the 13th February 2023 forms part of the Development Plan and is required to be taken account when determining planning applications. In circumstances where there are differences between NPF4 and the adopted North Lanarkshire Local Development Plan (NLLDP), it should be noted that the NPF4 policy position will supersede the policies in the NLLDP. 2.8 The 33 Policies within NPF4 are presented for members consideration and it is for members to make a judgement on their applicability. As an aid the following policies may be considered to have particular relevance to this application: Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 6 Forestry, woodland and trees Policy 8 Green Belts Policy 12 Zero waste Policy 14 Design, quality and place Policy 15 Local living and 20 minute neighbourhoods Policy 17 Rural Homes Policy 23 Health and Safety Policy 29 Rural Development A copy of these policies in full are located the agenda papers annex. Page 178 of 184
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2.9 North Lanarkshire Local Development Plan Local Plan Extract 2.10 The relevant Policies in the North Lanarkshire Local Development Plan 2022 and associated Guidance can be summarised as follows: PP 4 Green Belt AD 4 Green Belt EDQ 1 Policy Site Appraisal EDQ 3 Policy Quality of Development A copy of these policies in full are located the agenda papers annex. 2.11 The report of handling concluded that the application represented an unacceptable development which was at odds with the Green Belt policies in both NPF 4 and the Local Development Plan 2022. It was considered that any potential benefit of the proposed development did not outweigh the resulting breach and impact on this Green Belt location and it was considered that there were no sufficient material considerations presented that justified approval in this instance. 2.12 Reasons for Refusal 1. That the proposed development is contrary to Green Belt policy PP 4 and AD 4 of the North Lanarkshire Local Development Plan 2022 and policy 8 Green Belts of NPF 4. In particular, the development would result in an unacceptable departure to Page 179 of 184
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Green Belt policy resulting in an adverse impact on the function of the Green Belt. No adequate justification, special circumstances or material considerations have been demonstrated to merit a departure from the development plan. 2. That even if the proposed development were to be considered to be acceptable in principle in the Green Belt (as already indicated in reason 1, it is not acceptable in principle), the proposed development would be contrary to NPF 4 policies 1 Tackling the climate and nature crises, 2 Climate mitigation and adaptation, and Local Living and 20 minute neighbourhoods (policy 15) in that it will be primarily accessed by private vehicles rather than by more sustainable modes of transport 2.13 The report of handling recommended that the proposal should be refused for the reasons outlined in both the Reasoned Justification and in the Reasons for Refusal contained within the agenda papers annex. 2.14 The application was refused planning permission on 20th October 2023. 2.15 Consultations 2.16 NLC Roads: has recommended that this application be refused on road safety grounds as the proposed access does not conform to the minimum visibility splay requirements. 2.17 NLC Greenspace: no objection subject to a condition requiring the submission of an updated protected species survey and where possible, the retention of existing trees on site. 2.18 NLC Pollution Control: no objection subject to conditions relating to site investigations and possible remediation works to be undertaken prior to any development of the site. 2.19 The Coal Authority: no objection subject to conditions requiring the undertaking of a scheme of intrusive investigations prior to any development of the site. 2.20 Representations 2.21 There were no representations received in relation to the application. 2.22 Review Submission 2.23 The applicant has submitted a Review Statement and supporting documents contained in full within the agenda papers annex. The statement expresses, in summary, the applicant’s view that:- - The application site has taken care to ensure a design aesthetic that is in keeping with the area around Morningside Road providing an appropriate mass for 4 dwellings within the one area. The Mews style of connecting houses is one of the traditional styles of housing within the rural setting, and the U shape design evokes an almost courtyard layout. - The proportion and height of the dwellings is in keeping with the rural country setting, and the material choice is sympathetic to the area as well. - The design provides privacy for the proposal by forming a barrier to Morningside Road with the car parking and landscaping to the front. - Under the North Lanarkshire Local Plan Assessing Development in the Green Belt there are criteria in place for assessing an acceptable development. The site proposal does have a specific locational need, bringing purpose back to the disused site through which an illegal demolition took place. Page 180 of 184
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- Given the site had a building previously on it (which was illegally demolished) the site should be regarded as a brownfield site. - Notice also needs to be made to the large villa style 7 bedroom two storey dwelling behind the application site and the lack of understanding and connection to the surrounding area in terms of massing and scale. - The scale and form have been designed to suit the surrounding existing location and move away from the grandiose over massing of the property next door. - There are no undue infrastructure implications, and the environmental impact will be minimal. - The landscaping is currently overgrown and unsightly with sections starting to protrude into the road itself. The application site would look to tidy this site up, but still allow the landscaping to follow through the streetscape. Plants and shrubbery along with new tree placement would show the development be in keeping with the surrounding landscape. 2.24 Representations subsequent to notification of interested parties of the Notice of Review 2.25 No further representations have been submitted in response to the submission of the Notice of Review. 2.26 Conclusion and Decision on Proceeding with the Local Review Body Decision 2.27 As with all applications each case requires to be considered on its own merits and in accordance with the development plan policies unless material considerations outweigh the provisions of these policies. These are the factors and issues which require to be considered by the Local Review Body when determining this application. 2.28 The members are now requested to consider whether sufficient information is provided within this LRB Report and the associated annex to proceed with the hearing. 3. Measures of success 3.1 That the information provided is sufficient for the Local Review Body to determine the appellants review submission. 4. Supporting documentation 4.1 The Planning Adviser Background Report will be accompanied by additional supporting information contained within the background papers and includes:- - Planning Decision Notice. - Report of Handling - Planning Policy Documents - Consultation Response - Notice of Review and Supporting Documentation. Pamela Humphries Chief Officer of Place Page 181 of 184
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☐ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☐ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Page 182 of 184
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Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☐ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 183 of 184
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