Agenda Document Pack - Local Review Body - 26/02/2025
North Lanarkshire Council · 26 February 2025
Back to Local Review Body — 26 February 2025 and its agenda
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17 February 2025 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 Committee Room 1, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Wednesday, 26 February 2025 at 14:00 PM which you are requested to attend. The agenda of business is attached. Archie Aitken Chief Officer (Legal & Democratic) Members : Clerk Name: Karen Swan Clerk Telephone: 07919 730272 Clerk Email: committee@northlan.gov.uk K Docherty, A Bustard, G Brennan, B Burgess, M Coyle, M Hughes, J Logue, A McVey, D Robb, A Smith. Page 1 of 158
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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 Local Review Body Procedure 101 - 102 4 Planning Application - 24/00366/FUL - Residential development of 5 houses and all associated site works at Land At Shielhill Road, Longriggend 4a Decision Notice of 24 September 2024 103 - 108 4b Notice of Review 109 - 120 4c Report of Handling 121 - 126 4d Representations Received from Interested Parties 127 - 144 4e Planning Application: Planning Adviser Background Report 145 - 158 Page 3 of 158
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NORTH LANARKSHIRELOCAL DEVELOPMENT PLAN (ADOPTED JULY 2022) POLICY DOCUMENT Item 2 Page 5 of 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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National Planning Framework 4 Revised Draft Laid before the Scottish Parliament on 8 November 2022 Page 41 of 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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National Planning Framework 4 – Revised Draft 54 Part 2 – National Planning Policy reduction in 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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 158
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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 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 158
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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 158
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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 158
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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 158
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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 Page 101 of 158
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Our Ref: Your Ref: Contact: Tel: E-mail: Date: 24/00366/FUL Ann McGregor 01236 632487 Planningenquiry@northlan.gov.uk 24 September 2024 Mariusz Drgas Mario Properties Ltd c/o Format Design Holyrood Business Park 146 Duddingston Road West Edinburgh EH16 4AP Dear Sir/Madam, Town and Country Planning (Scotland) Act 1997 Proposal: Residential development of 5 houses and all associated site works Address: Land At, Shielhill Road, Longriggend, North Lanarkshire, I refer to your application for the above proposal. I advise you that this application was refused on 24 September 2024. 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 4a Page 103 of 158
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REFUSAL OF PLANNING PERMISSION Delegated Decision Town and Country Planning (Scotland) Act 1997 No: 24/00366/FUL Date: 24 September 2024 To: Mariusz Drgas Mario Properties Ltd c/o Format Design Holyrood Business Park 146 Duddingston Road West Edinburgh EH16 4AP Proposal: Residential development of 5 houses and all associated site works Address: Land At, Shielhill Road, Longriggend, North Lanarkshire, With reference to your application dated 5 April 2024, 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 is considered contrary to the policies of both the LDP and NPF4, there is no justification or specific locational need for the development and due to the rural greenfield element of the development and relative lack of accessibility necessitating the use of private transport. Therefore the proposal also fails the requirements of Policies PP5 and AD5 of the LDP and Policies 13b), 14b), 15, 16f) and 17 of NPF4. In addition there are no material considerations that would outweigh the adverse effects that the development would have on the countryside and settlement pattern and roads network accordingly, the application is recommended for refusal. Lorna Bowden Planning And Place Manager Page 104 of 158
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Paper apart Reasons 1 The proposed development fails to demonstrate special circumstances or a specific locational need for housing in the countryside contrary to Policies PP5 and AD5 of the North Lanarkshire Council Local Development Plan and Policies 16 and 17 of the National Planning Framework 4. Further, the proposed development would result in an unsustainable form of development due to reliance on the use of private car to access local facilities contrary to Policies PP5, EDQ1 and EDQ3 of the North Lanarkshire Council Local Development Plan and Policies 13b), 14b), 15, 16f) and 17 of the National Planning Framework 4. Page 105 of 158
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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 158
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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 100696770-001 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 Format Design Shona Mackay Duddingston Road West 146 Holyrood Business Park 01316617666 EH16 4AP Scotland Edinburgh formatdesign@aol.com Item 4b Page 109 of 158
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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 Mr Mariusz North Lanarkshire Council Drgas London Road 18 PO2 0LH Land at Shielhill Road, Longriggend, North Lanarkshire England Portsmouth formatdesign@aol.com Mario Properties Ltd Page 110 of 158
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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) Residential development of 5 houses and all associated site works Please see attached appeal statement Page 111 of 158
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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 Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) 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 Appeal statement 24/00366/FUL 24/09/2024 By means of inspection of the land to which the review relates 05/04/2024 To allow the Local Review Body to review the application site and its Environs Page 112 of 158
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Page 5 of 5 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. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mrs Shona Mackay Declaration Date: 20/12/2024 Page 113 of 158
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APPLICANT’S STATEMENT LOCAL REVIEW OF REFUSAL OF PLANNING PERMISSION FOR RESIDENTIAL DEVELOPMENT OF 5 HOUSES AND ALL ASSOCIATED SITE WORKS PLANNING APPLICATION REF: 24/00366/FUL LAND AT, SHIELHILL ROAD, LONGRIGGEND, NORTH LANARKSHIRE 22 DECEMBER 2024 Format Design Holyrood Business Park 146 Duddingston Road West Edinburgh EH16 4AP formatdesign@aol.com Page 115 of 158
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2 1. Introduction The matter for consideration is the refusal of planning permission 24/00366/FUL for the “Residential development of 5 houses and all associated site works” at Land At Shielhill Road, Longriggend, North Lanarkshire. The appellant is seeking a review of this decision under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended). 2. The Decision The application was refused on 24 September 2024 for the following reason; - 1 “The proposed development fails to demonstrate special circumstances or a specific locational need for housing in the countryside contrary to Policies PP5 and AD5 of the North Lanarkshire Council Local Development Plan and Policies 16 and 17 of the National Planning Framework 4. Further, the proposed development would result in an unsustainable form of development due to reliance on the use of private car to access local facilities contrary to Policies PP5, EDQ1 and EDQ3 of the North Lanarkshire Council Local Development Plan and Policies 13b), 14b), 15, 16f) and 17 of the National Planning Framework 4.” 3. The Applicant’s Response The principal reasons for the refusal relate to the alleged failure to demonstrate a need for housing in this location, and the unsustainable location leading to dependence upon private car use. The applicant is of the opinion that the development should be supported, that it is a well-considered proposal which will enhance the local area, strengthen the community of Upperton, respect the constraints of the site, protect existing residential amenity and provide a valuable and attractive addition to the housing supply. Further investigation into the report of handling highlights officer concerns over lack of integration with the existing settlement, lack of evidence of public transport, lack of details of the bus layby offered, and the need to reposition the access point to the brow of the hill. This along with the view that the development in this location needs to be fully justified in terms of policy PP5, and the over reliance on private transport need to be addressed. The planning statement dated 15 March 2024 included all of the relevant policies in its assessment. The following response relates to the policies quoted in the reason for refusal above. Countryside - PP5 POLICY Purpose of Place The relevant sub-section of of the policy states: - 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. Page 116 of 158
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3 • 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). It concludes by advising that “Development not meeting these requirements will not be supported.” The site is contiguous with the north boundary of the settlement. It immediately adjoins the former remand centre site that was granted permission for 56 houses in 2013. The application site is part of a larger area of land which could be developed in a similar manner in future should the present site be approved. It was the applicant’s belief that this development would help to strengthen the sense of community and sense of place and would add greater weight to the existing settlement, currently around 80 dwellings, leading to greater chances of increased local services including public transport. As consent had previously been granted for the redevelopment of the remand centre site, but has not been initiated, it seemed logical to pick up the baton and try again, this time on a smaller scale but with potential to increase in future. It has been commented that the site appears to lack any relationship to the existing settlement. This is in part as it abuts the former remand centre site. In future, further development eastwards could continue the pattern of the three storey flats northwards. There is an obvious position for a link through the boundary at the north end of Luckenhill Drive, however this involves land outwith the applicant’s control. They are however full committed to making this link if arrangements can be made to the south side of the boundary (see below). Possible link through to the existing settlement Page 117 of 158
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4 Countryside - AD5 POLICY Amount of Development This is not a sporadic or isolated development, but is a well-considered extension to the existing settlement. It is below the threshold of 10 units where a housing supply assessment is required. Following the lack of take up of the remand centre site, it was considered there was ample slack in the local housing supply to accept further development in this location. The present proposal for 5 units could lay the foundation for further development eastwards, along the north side of the settlement. EDQ 1 POLICY Site Appraisal Whilst a site appraisal, as such , has not been carried out on paper, the design of the development took into account an assessment of the site’s character. As a result, the proposal can satisfy most of the matters that require to be assessed. The planning statement covered most of these in its presentation of the development. It has been sited and scaled to fit into the urban/rural landscape, following the contours, remaining below the heights of houses to the south, and it maintains significant green space to support green corridors. Each house will be highly sustainable, and a sustainable drainage system is proposed which will also enhance biodiversity (suds pond/basin). EDQ 3 POLICY Quality of Development The policy seeks high quality values for all new development. The proposal is a high quality low rise development, and it will merge well with the existing development at Upperton, as well as the approved redevelopment of the former remand centre site, should it take place. It is in a traditional form with typical roof pitches and dark roof tiles. The National Planning Framework, NPF4 The development supports the national policy with regards to energy minimisation and tackling climate change. It has been negatively reviewed with regards to reliance upon the private car, however it is intended and hoped that with the enhancement of the settlement over time this will be addressed. There are already over 80 homes here, and these 5 will not make a significant difference. There is a public transport service, which is presently hourly. As the settlement grows it is hoped that this will become more frequent. Rural communities exist and it is important that they do not stagnate and that steps are taken to strengthen these and to make them more sustainable. This development is a step towards this. Proposed housing sustainability specification: A zero-energy Smart House is a building equipped with renewable energy sources – a PV installation, an air-to-water heat pump and a recuperation system that provide 100% of the energy demand of the house and its residents on an annual basis. 1. Environmental Benefits: Reduced Carbon Footprint: Eco-friendly houses reduce greenhouse gas emissions by using energy-efficient materials, renewable energy sources (e.g., solar panels), and sustainable construction techniques. Energy Efficiency: These homes typically require less energy to heat and cool, lowering overall energy consumption and promoting sustainability. This helps the community reach environmental targets set for carbon reduction. Water Conservation: With features like rainwater harvesting and water-efficient appliances, these homes reduce water wastage and encourage responsible water use, which is especially valuable in drought-prone areas. Page 118 of 158
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5 2. Economic Benefits: Lower Energy Costs for Homeowners: Eco-friendly homes typically have lower utility bills due to energy-efficient features. This can be a significant long-term cost-saving for residents and make the area more affordable for families. Job Creation: Building these homes could create local jobs in the green construction and renewable energy sectors, fostering economic growth and attracting skilled workers to the community. 3. Health and Wellbeing: Improved Indoor Air Quality: Eco-friendly homes often use non-toxic materials and better ventilation systems, reducing health risks associated with mold, allergens, and pollution. This can lead to healthier residents and a better quality of life. Enhanced Community Environment: Green spaces, sustainable landscaping, and reduced noise pollution from energy-efficient construction methods contribute to a more pleasant living environment. 4. Compliance with Climate Goals: Alignment with Sustainability Goals: Many councils have committed to meeting climate goals and reducing environmental impact. By approving eco-friendly housing, the council can meet these goals and demonstrate leadership in sustainability. Future-Proofing: As regulations become stricter regarding building sustainability and energy use, your eco-friendly homes would be ahead of the curve, reducing the need for costly future renovations to meet new standards. 5. Innovation and Community Leadership: Setting a Precedent: By allowing eco-friendly housing, the council can position the area as a leader in sustainable living, attracting forward-thinking residents and businesses. Encouraging Sustainable Development: Your project can serve as a model for future developments, influencing other builders to adopt similar green building practices. 6. Community Support and Demand: Growing Public Demand: There is an increasing demand for sustainable living options, particularly among younger generations who prioritize environmental responsibility. Eco-friendly homes cater to this market, ensuring long-term community appeal. Public Health and Safety: Building homes that focus on environmental responsibility also reflects a commitment to the wellbeing of current and future generations, supporting the council’s role in creating a safe and thriving community. By emphasizing these points, you'll show that your eco-friendly homes align with the council's broader goals and will provide significant long-term benefits for the environment, economy, and local community. Page 119 of 158
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6 4. Conclusion Whilst it is very easy to pigeon-hole this proposal into the unacceptable rural development category, it really requires deeper consideration of the potential long term benefits. The proposal will complement the existing settlement and strengthen its viability and sense of community and place by adding a variety of house types and by adding to its significance. It should hopefully lead to further development which should improve facilities and services to the settlement. It is suitably scaled and positioned, and is of a low rise and low density form. It is felt that Upperton is at present not particularly sustainable and further development would help to create a stronger sense of place, with greater opportunity to be a sustainable community. It is a stepping stone to a stronger and more sustainable community in this semi-rural location. It is hoped that the members participating in this review agree, and we respectfully ask that permission is granted for the proposal. Page 120 of 158
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DELEGATED REPORT PLANNING APP No: 24/00366/FUL Date Application Valid: 1 May 2024 Proposal Residential development of 5 houses and all associated site works Address Land At Shielhill Road Longriggend North Lanarkshire Case Officer: Ann McGregor Local Plan Policies North Lanarkshire Local Development Plan 2022 (LDP): o PP5 Purpose of Place o AD5 Amount of Development o EDQ 1 Site Appraisal, o EDQ2 Specific Features for Consideration o EDQ 3 Quality of Development National Planning Framework 4 2023 (NPF4): o Policy 1 Tackling the climate and nature crises o Policy 2 a) Climate mitigation and adaptation o Policy 13 b) Sustainable Transport o Policy 14 b) Design, Quality and Place o Policy 15 Local Living and 20 Minute Neighbourhoods o Policy 16 f) Quality Homes o Policy 17 Rural Homes Planning History 16/02035/AMD Erection of 58 Dwelling Houses (Renewal of Permission 13/00200/FUL) 24/00366/FUL Residential development of 5 houses and all associated site works 24/00973/PREAPP Secure plant and vehicle storage facility with workshop Site Assessment Date(s) Weekly List Date 8 May 2024 Neighbour Notification Sent 1 May 2024 Neighbour Notification Expiry Date 22 May 2024 Advert Date 15 May 2024 Advert Expiry Date Report Detailed Considerations: Siting The application site occupies an area of 1.19 hectares of previously undeveloped land (scrubland) situated to the north of the former Longriggend Remand Centre and outside the settlement boundary of Upperton village. The site is approximately 1.5km east of the village of Greengairs, 2km west of Longriggend and 8.2km (approximately) southeast of Cumbernauld (the nearest town) and/or 11.9 km (approximately) northeast of Airdrie. The site is defined to the west by Shielhill Road and to the north by Shielhill burn. The southern edge of the site adjoins, the former remand centre which defines the northern limits of the settlement. To the east, the site boundary is ill-defined as the site forms a small corner to the southwest of a much larger open field. More generally, the site is situated on the edge of a settlement that is poorly served by local facilities or public transport, with only a limited bus service (hourly bus service 101 Mondays to Saturdays and hourly bus service 108 Sundays). Design and Materials The development proposes a row of 5 detached 3 and 4 bed houses each with northwest (front elevation) and southeast (rear elevation) facing aspects. All units are 2 storeys in height (6.7 metres to roof ridge) and are of similar proportions (height, scale, depth), with low eaves and steep roofs with accommodation in the roof space. Each house has a building footprint of approximately 80sqm. All units are contemporary in style with large glazing panels and synthetic cladding infills (timber effect) on front and rear elevations. External materials include dark grey concrete roof tiles, zinc copping at eaves and external walls Item 4c Page 121 of 158
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finished in white render. Each unit has an electrical vehicle charging point, an air source heat pump, solar panels fitted to the southern roof slopes and secure cycle store and bin store. Daylight/Sunlight No adverse impacts are anticipated in respect to daylight and sunlight. The proposed depth of rear gardens is approximately 10 metres; a further 8 metre landscape strip is proposed between the rear fence line of the units and the site of the former remand centre. Boundary Treatment No details have been provided. This is a matter that could be conditioned. Privacy No adverse impacts are anticipated relative to privacy. The proposed depth of rear gardens is approximately 10 metres with a further 8 metre landscape strip proposed between rear boundaries and the site of the former remand centre. Adjacent Levels The site is positioned on a hill ridge that slopes gently towards the Shielhill Burn to the north and gentle towards the site of the former remand centre to the south. Landscaping (including garden ground) No details of landscaping have been provided. However, all units will have front and rear gardens. This is a matter that could be conditioned. Access, Parking and Turning It is proposed that access be taken from Shielhill Road to the west, north of the existing access gate into the site at the hill ridge. NLC Roads has indicated that revisions to the proposed access, turning area, parking and internal road layout are required, together with provision of a 3.5m wide shared use footway / cycleway over the entire frontage of the site along Shielhill Road to provide active travel connectivity in accordance with the Council's Active Travel Strategy. It is considered that the required transport amendments are not insurmountable. A bus stop layby is also proposed although this would be subject to approval by SPT. Site Constraints The site is situated in a Coal Authority Development High Risk Area. The site has been identified as being potentially contaminated from past uses on or near the site, including the former hospital site/remand centre; historical mining that has taken place in the area and from previous railway land. Consultation Responses The Coal Authority has no objection to the application subject to intrusive investigations being carried out on site to establish any risks posed to the development by past shallow coal mining activity and, where relevant, remediation works and/or mitigation measures to address any land instability arising from coal mining legacy. A further condition to be imposed on any grant of planning permission, would require submission of 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 prior to the occupation of the development. NLC Protective Services has no objection to the application subject to a condition being attached to ensure potential risks arising from previous land uses around the site have been fully assessed via submission of a comprehensive site investigation carried out in accordance with the British Standard Code of Practice BS 10175: 2011 'The Investigation of Potentially Contaminated Sites'. NLC Roads has not objected to the application. However, significant revisions are necessary in the interests of road safety, including inter alia: a) relocation of the proposed access to the existing field gate location at the brow of the hill in order to help achieve visibility requirements; a 10.5m corner radii with footways to both sides and a 4.5m x 120m visibility splay in both directions from a driver eye height of 1.05m would be necessary unless the applicant can demonstrate via a traffic survey that the 85th percentile speed is 40mph or less over a 7-day period at the development access and; b) turning circle provided in place of the proposed turning head to prevent vehicles having to make reversing manoeuvres and designed to NLC standards (Guidelines for Development Roads 1986). A full list of NLC Roads requirements is provided in consultation response dated 21 May 2024. Any Other Material Considerations - NLC Open Space Guidelines: Space around dwellings - NLC Car Parking Provision - Planning Reference 07/01982/OUT - Residential Development and Provision of Local Centre Land at Avon Avenue, Upperton. The application, which was refused and dismissed at appeal, proposed for 241 residential units on some 21 hectares of land within Upperton, including the site of the former remand centre and some 12.7 hectares of undeveloped greenfield land, including the current application site. - Miller Homes Ltd v Scottish Ministers [2024] CSIH 11 and Planning Appeal Decision Reference PPA-400-2147 - Residential Development with associated infrastructure, landscaping and engineering works, on land north of B792, Mossend, West Calder, West Lothian. Officer Report: Page 122 of 158
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Planning Assessment Proposed Development: The current application seeks approval for 5 detached 3-and 4-bedroom residential units on a greenfield site located immediately north of the former remand centre on the edge of the settlement boundary of Upperton. Details of landscaping, boundary treatment and car parking have not been provided. Whilst the former are matters that can be reserved for further consideration, details of car parking would be required at this stage, together with significant amendments to the proposed access and internal road layout etc, to ensure the scheme complied with NLC Roads standards. The Applicant has provided the following documentation in support of the current application: - Planning Statement - Coal Mining Risk Assessment - Biodiversity Enhancement Statement - Drainage Strategy The proposed development falls within Schedule 2 10. Infrastructure Projects of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 and has been screened to determine whether it is likely to have significant effects on the environment. Whilst the development would undermine the setting of the setting of the settlement, it is considered that it would not have significant effects on the environment and is therefore not considered to constitute Environmental Impact Assessment (EIA) development. Development Plan: Section 25 (1) of the Town and Country Planning (Scotland) Act 1997 as amended provides that where, in making a determination under the Planning Acts, regard is to be had to the Development Plan unless material considerations indicate otherwise. The Development Plan consists of The North Lanarkshire Local Development Plan (Adopted 6th July 2022) and the National Planning Framework 4 (NPF4, Adopted on 13th February 2023). Consequently, the determination of the application must be made in accordance with both and, in the event of any incompatibility between NPF4 and the LDP, NPF4 being later in date, is to prevail [Section 24 (3)]. Statements in NPF4 are also material to the determination of the application. Relevant Development Plan Policies: North Lanarkshire Local Development Plan 2022 (LDP):- - PP5 Purpose of Place - AD5 Amount of Development - EDQ 1 Site Appraisal, - EDQ2 Specific Features for Consideration - EDQ 3 Quality of Development National Planning Framework 4 2023 (NPF4):- - Policy 13 b) Sustainable Transport - Policy 14 b) Design, Quality and Place - Policy 15 Local Living and 20 Minute Neighbourhoods - Policy 16 f) Quality Homes - Policy 17 Rural Homes Principle of Housing Development on the Site:- The site is designated Countryside in the LDP where Policies PP5 Countryside and AD5 Countryside apply. Both policies seek to accommodate limited development in the countryside, including, visitor economy related development, extensions to existing businesses and settlements, and agricultural diversification, whilst simultaneously seeking to resist pressure for sporadic and isolated development in the countryside. Policy PP5 is qualified by the need to justify development in the countryside through consideration of an Assessment of Appropriateness and submission of all of the following details: - 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 in accordance with a sequential approach; - a statement on the scale and nature of existing development in the countryside; evidence that the development is an expansion of an existing business and/or settlement; - evidence that there is a specific locational requirement for the proposal; - evidence that the proposal will result in significant economic benefit and impact on travel patterns and accessibility by sustainable modes of transport. Of note, the policy expressly states that development not meeting the above requirements will not be supported. The Applicant contends that as the development immediately adjoins the settlement boundary of Upperton, it would be seen as a logical extension to the settlement and would complement and strengthen the viability of the settlement by Page 123 of 158
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adding a variety of house types. This statement is not supported as the Applicant has failed to demonstrate a specific locational need for the development and/or apply a sequential approach to site selection for the proposed development. The settlement of Upperton is in fact characterised by a significant proportion of brownfield land following demolition and clearance of the former remand centre which is currently vacant and provides sufficient land to accommodate any future housing land requirement. Further, no evidence has been provided to substantiate the claim by the Applicant that the development would complement the existing settlement and strengthen its viability and sense of community and/or that it would result in significant economic benefit as required by Policy PP5. The settlement of Upperton is poorly served by local services (retail, GP surgery, schools etc) and all residents must commute to the nearby towns and villages to access basic services. The Applicant notes that the settlement is served by public transport (bus) and proposes a bus stop layby on Sheilhill Road adjacent to the development. However, no details have been submitted in relation to the frequency of bus services and/or to show how the development would be served by other sustainable modes of transport and no consideration is given to the impact of the development on travel patterns. The village is also in fact very poorly served by public transport with limited bus services (1 bus per hour) and no access to other modes of public transport. In view of the above, the proposed residential development fails to meet the basic requirements of Policy PP5 of the LDP. Notwithstanding the requirements of Policy PP5, the judgement in Miller Homes Ltd v Scottish Ministers [2024] CSIH 11 confirms the approach to be adopted when considering applications for housing development on unallocated housing sites in the absence of an adopted LDP that postdates NPF4. In the first instance, the judgement clarified that Policy 16 f) of NPF4 was effective from the date of the publication of NPF4 and prevails over LDP housing policies in the event of any incompatibility. Secondly, the strategic objective of Policy 16 f) is to restore a plan-led system by encouraging the delivery of allocated housing sites and limiting housing on unallocated sites unless 'exceptional' circumstances exist. This is reflected in the first bullet point in sub-section (iii) of Policy 16 f) where it is stated that 'housing on unallocated sites will only be supported where the delivery of housing is happening earlier than identified in the deliverable housing land pipeline'. Consequently, there is no support in Policy 16 f) for housing development on an unallocated greenfield site within the NLC administrative area and no justification for the proposed development has been demonstrated in the context of Policy 16 of NPF4 as a whole. Policy 15 Local Living and 20 Minute Neighbourhoods supports development proposals that contribute to local living and where relevant, 20-minute neighbourhoods, including local access to sustainable modes of public transport, employment, health and social care facilities, childcare, schools and lifelong learning opportunities and playgrounds and informal play opportunities. Due to the site's poor integration with public transport and the development's likely reliance on private cars as a result, coupled with the absence of segregated and safe links to local facilities via walking, wheeling and cycling networks, the proposal cannot be supported in the context of Policy 15 of NPF4. The proposal is also contrary to Policy 13 (b) Sustainable Transport of NPF4 which requires development proposals to be accessible by public transport and provide and have safe access to local services. Similarly, the proposed development is not supported under any limb of Policy 17 Rural Homes of NPF4 for the reasons mentioned above. Design and Layout:- Policy EDQ 1 Site Appraisal of the LDP seeks to ensure that new development will integrate successfully into the local area through good design and layout whilst ensuring development addresses public services available locally, e.g. schools, public transport, play/recreation provision and accessibility by a range of sustainable transport modes. Policy EDQ 3 Quality of Development of the LDP requires that development should achieve both high standards of site planning and sustainable design and, adaptability to the effects of Climate Change including sustainable and convenient access to the site. Similarly, Policy 14 Design, Quality and Place of NPF4 supports development that is consistent with the qualities of successful places, including, development that is well connected, makes moving around easy and reduces car dependency and supports the efficient use of resources that will allow people to live, play, work and stay in their area. The layout of the proposed residential units - all of which face north and not towards the settlement - does not integrate well with the existing compact settlement pattern at Upperton. The proposed units would appear visually disconnected from the settlement due in part to the topography (the proposed units lie north of the brow of the hill on the northern slope whilst settlement lies south of the brow on the southern slope) and in part due to the orientation of the units; rear gardens and rear garden fences face south turning their back on the settlement. The Applicant proposes to leave an 8-metre strip of land between the rear fences of the proposed residential units and the site of the former remand centre, which would further serve to differentiate the development from the settlement. The proposed access in its current location also isolates the development from the settlement, albeit this is a matter that could be resolved by relocating the access south towards the existing gated access at the brow of the hill. The detailed design of the residential units - including issues such as bulk, massing, height, materials and fenestration pattern etc - has a neutral impact on the visual appearance of the settlement. The layout and design of the proposed development fails to integrate successfully with the settlement pattern and/or achieve high standards of site planning and sustainable design contrary to Policies EDQ1 and EDQ3 of the LDP. Similarly, the proposed development fails to demonstrate connectivity and/or address adequately sustainability and accessibility by a range of sustainable transport modes to public services available locally, e.g. schools, public transport, play/recreation provision and for that reason, it is highly likely that the development would be car dependent contrary to Policy 14 of NPF4. Page 124 of 158
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Access, Parking and Visibility:- Policy EDQ3 Quality of Development of the LDP provides that new development should address safe, secure, and convenient access into and through the development and sustainable access for cars where required, being safe for all road users. Currently, the proposed development does not meet the requirements of Policy EDQ3 of the LDP and/or NLC Roads Standards. NLC Roads has indicated that significant revisions would be required in order to comply with NLC Road Standards, including, inter alia, relocation of the proposed site access to the brow of the hill in order to meet the required visibility standards and reconfiguration of the internal road layout. It is considered that the matters outlined in NLC Roads comments could potentially be addressed to their satisfaction. Ecology and Biodiversity:- Policy PROT A Natural Environment and Green Network Assets (category 5) of the LDP seeks to ensure that adverse effects on protected species are mitigated through planning conditions. The site is not covered by any statutory designations. However, the site is defined to the west by a hedgerow, which would have to be removed to accommodate active travel connectivity in the form of a 3.5m wide shared use footway / cycleway over the entire frontage of the site along Shielhill Road in accordance with the Council's Active Travel Strategy standards. If planning permission was to be granted, compensatory planting on the site would be required and a condition imposed to ensure that the hedgerow shall not be removed during the breeding season. Policy 3 Biodiversity of NPF4 provides that all development proposals contribute to the enhancement of biodiversity. The application is supported by a brieft Biodiversity Statement. The statement is absent of a Biodiversity Plan and it is unclear where precisely within the site that new planting and other biodiversity enhancement measures will take place. Surface Water Drainage and Sewage:- Policy EDQ1 Site Appraisal of the LDP requires new development to provide details of drainage. The application is supported by a drainage strategy which proposes surface water drainage being managed via a new SuDS Detention Basin and associated pipework as shown on Drawing Number 240039-sk201. In relation to foul water, it is proposed to install a new gravity network to be adopted by Scottish Water. The Applicant has indicated that a review of gravity connection to the Scottish Water network concluded that this would be possible by connection of new pipework to the existing foul drain in Luckenhill Drive/ Dervaig Gardens (crossing 3rd party land). Scottish Water has been consulted and a response is awaited. Hazards:- Policy EDQ2 Specific Features for Consideration of the LDP requires new development to address hazards, including contaminated land and ground instability (coal mining). The application is accompanied by a Coal Mining Risk Assessment. The Coal Authority has indicated that it has no objection to the application subject to conditions requiring a scheme of intrusive investigations to be carried out prior to commencement and remediation where necessary. Date 24 September 2024 Representations The Council has received two objections to the application. The grounds of objection relate to the following matters: 1. No requirement for housing on a greenfield site 2. Potential subsidence and gases associated with previous mining 3. Issues relating to capacity to accept more housing without facilities, services and resources The above matters are material to the proposal and have been considered and addressed in the report. Reasoned Justification Page 125 of 158
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As considered above, in relation to both the requirements of LDP and NPF4 polices, there is no justification or specific locational need for the development and due to the rural greenfield element of the development and relative lack of accessibility necessitating the use of private transport, the proposal also fails the tests set out in Policies PP5 and AD5 of the LDP and Policies 13b), 14b), 15, 16f) and 17 of NPF4. In the submitted Planning Statement, the Applicant expresses 'hope of further development which should improve facilities and services to the settlement' and is aware that there is no guarantee of any commercial or community infrastructure being provided as a result of the development. Apart from a very limited bus service, the settlement of Upperton has no meaningful local facilities. Whilst there is no doubt that the settlement would benefit from appropriate development this should not be at the expense of development on a new greenfield site in such a remote location. Overall, the proposed development does not accord with the development plan and there are no material considerations that would outweigh the adverse effects that the development would have on the countryside and settlement pattern. The proposed development is contrary to Policies PP5 and AD5 of the LDP and Policies 13b), 14b), 15, 16f) and 17 of NPF4 and accordingly, the application is recommended for refused. Recommendation: Refuse for the Following Reasons:- 1. The proposed development fails to demonstrate special circumstances or a specific locational need for housing in the countryside contrary to Policies PP5 and AD5 of the North Lanarkshire Council Local Development Plan and Policies 16 and 17 of the National Planning Framework 4. Further, the proposed development would result in an unsustainable form of development due to reliance on the use of private car to access local facilities contrary to Policies PP5, EDQ1 and EDQ3 of the North Lanarkshire Council Local Development Plan and Policies 13b), 14b), 15, 16f) and 17 of the National Planning Framework 4. Informatives; No Informatives Page 126 of 158
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NORTH LANARKSHIRE COUNCIL ENVIRONMENT & COMMUNITIES TRANSPORTATION ENGINEERING OBSERVATIONS ON PLANNING APPLICATION Transportation Engineering Contact Alexandra Tolson Date: 21/5//2024 Planning Contact Ann McGregor Planning Application No. 24/00366/FUL Drg No: 10437-03-01 Applicant Mariusz Drgas Mario Properties Ltd Proposed Development Residential Development of 5 houses and all associated site works Location Land at Shielhill Road, Longriggend, North Lanarkshire 1. EXISTING ROADS Consideration of the: General impact, Type of Connection(s) (Road Junction/ Footway Crossing), Location (s) of Connection (s), Sightlines, Pedestrian Provision. a) Where work is undertaken on an adopted road to create a new access, the adopted road should be resurfaced for the full width of road and extending 5m in each direction past the extent of the new junction. b) The applicant should provide a 3.5m wide shared use footway / cycleway over the entire frontage of the site along Shielhill Road to provide high quality active travel connectivity in accordance with the Council’s Active Travel Strategy standards. 2. NEW ROADS Consideration of the: Width, Layout, Junction Details (location, radii, sightlines), Turning Facilities, Pedestrian Provision, Provision for Services. a) A priority junction access off Shielhill Road would require 10.5m corner radii with footways to both sides and a 4.5m x 120m visibility splay in both directions from a driver eye height of 1.05m. The visibility splay should be provided entirely within the public road boundary, or on land within control of the applicant. The applicant must revise their current junction design to demonstrate that the aforementioned visibility splay can be achieved in both plan view and longitudinal cross section. The visibility splay can be reduced to 4.5m x 90m in both directions as an absolute minimum if the applicant can demonstrate through a traffic survey that the 85th percentile speed is 40mph or less over a 7-day period at the development access. It should be noted that the visibility splay on drawing 10437-03-06 has been drawn incorrectly. The ‘x’ distance should be measured from the road channel into the minor road and the ‘y’ distance should be measured along the centre line of the major road as shown below. It is suggested that the proposed access is relocated to the existing field gate location, at the brow of the hill, in the interest of road safety and to help achieve the visibility requirements. b) Three or more dwellings should be served via a road constructed to adoptable standards. c) New roads, footways and footpaths to be adopted by the Council’s Roads Service will be subject to a roads Construction Consent application under the terms of the Roads (Scotland) Act 1984. A roads Construction Consent application may take several months to approve and the applicants should consider this before programming the construction phase of their development. d) The following standard should apply to the road: 5.5m wide carriageway, minimum/maximum gradients max 8%, min 0.8%. k=2; carriageway fall of 2.5% and footway fall of 3%. A 2m wide service strip/footway must be provided on both sides of all adopted roads. e) Suitable drainage must be provided at the access bell-mouth to prevent surface water being discharged onto the existing public road. f) A turning circle should be provided rather than the turning head if possible to prevent vehicles having to make reversing manoeuvres and designed to NLC standards (Guidelines for Development Roads 1986). g) The applicant should consult SPT regarding the provision, dimension and location of the bus layby and confirm the SPT’s position regarding service bus provision at this location. h) The applicant should be reminded that they have a responsibility to develop a drainage system fit for their development, including satisfying the conditions for Scottish Water and / or SEPA for surface water sewer or watercourse discharge respectively. In addition, surface water from private / non-adopted areas is not permitted to drain onto the adopted road or footway. The drainage design shown on drawing 240039-sk201 should be altered accordingly with the revised development layout. i) Junction spacing requirements have been achieved in the proposed layout. j) No retaining structures shall be installed to support roads, footways or footpaths or influence their stability. Item 4d Page 127 of 158
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k) Trees should not be located within adoptable roads and close to adoptable footways/paths. l) A wheel wash facility must be provided internal to the site to manage the risk of mud and debris being spread on the public road during construction phase. 3. SERVICING AND Consideration of the: Servicing Arrangements/ Driveways, Parking Provision, Layout of PARKING Parking. a) No car parking has been shown for the development. Car parking should be provided on the following basis: Detached & semi-detached: 1 or 2 bedrooms = 2 spaces; 3 or 4 bedrooms = 3 spaces. Visitor spaces = 0.3 spaces per dwelling = 2 spaces. b) Driveway widths should preferable be paved for their entire length, but as a minimum of the first 2m behind the footway to prevent deleterious materials being deposited onto the public road. c) Driveways should have maximum gradients of 5% for the first 5m behind the footway. d) Visibility splays of 2m x 20m should be provided from the driveways e) Driveway drainage facilities should be provided to prevent surface water being discharged onto the new road f) Grassed verges / service strips should not be indicated on drawings for adoption by the Council. The maintenance responsibility for grass cutting will lie with the Factor RECOMMENDATION I would recommend that this application be deferred for the reasons noted in point 2a and 3a. Points 1a &b, 2b-g & 3b-f are all to be conditioned subject to satisfactory conclusion of the above deferred points. The remaining points are for noting. 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 including PP Manager, Infrastructure and Transportation........…................................ Date..21/05/2024 Page 128 of 158
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200 Lichfield Lane Mansfield Nottinghamshire NG18 4RG T: 01623 637 119 (Planning Enquiries) E: planningconsultation@coal.gov.uk W: www.gov.uk/coalauthority For the attention of: Ms A. McGregor – Case Officer North Lanarkshire Council [By email: econsultation@northlan.gov.uk] 13 May 2024 Dear Ms McGregor Re: Planning application 24/00366/FUL Residential development of 5 houses and all associated site works at Land at Shielhill Road, Longriggend, North Lanarkshire Thank you for your notification of 1 May 2024 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 for Energy Security and Net Zero. 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 The application site falls within the Coal Authority’s defined Development High Risk Area. Therefore, within the site and surrounding area there are coal mining features present at surface or shallow depths. The risk these features may pose should be considered as part of the planning process. More specifically, the Coal Authority’s information indicates that the site lies in an area where historic unrecorded underground coal mining is likely to have taken place at shallow depth. Voids and broken ground associated with such workings can pose a risk of ground instability and may give rise to the emission of mine gases. Page 129 of 158
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The planning application is accompanied by a Coal Mining Risk Assessment report (6 March 2024, prepared by Wardell Armstrong). Based on a review of relevant sources of coal mining and geological information, the report concludes that possible unrecorded mine workings within a number of shallow coal seams pose a potential risk of instability at the site. Accordingly, the report goes on to make appropriate recommendations for the carrying out of intrusive ground investigations, in the form of the drilling of boreholes, in order to further assess the risk posed by shallow coal mining and to inform any remedial treatment works required, i.e. drilling and grouting. The Coal Authority’s Planning & Development Team welcomes the recommendation for the undertaking of intrusive site investigations. These should be designed and carried out by competent persons, in cognisance of the conclusions of the Coal Mining Risk Assessment report, in order to properly assess ground conditions and to establish the exact situation regarding mining legacy and the risks it may pose to the development. The results of the investigations should be interpreted by competent persons and used to inform any remedial works and/or mitigation measures that may be necessary to ensure the safety and stability of the proposed development as a whole, including the buildings and external parts of the site such. The applicant should note that Permission is required from our Permitting & Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb Coal Authority property. Any comments that the Coal Authority may have made in a Planning context are without prejudice to the outcomes of a Permit application. The submitted report is unable to rule out the potential for unrecorded mine entries to be present within the site. We therefore welcome the recommendation that vigilance should be maintained during ground works for any anomalous features. We take this opportunity to highlight that should any previously unrecorded mine entry be encountered during development, appropriate treatment of the feature will be required, in accordance with a Coal Authority Permit. 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 the gas hazards that may exist, and appropriate measures to be implemented, from technically competent personnel. Page 130 of 158
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SuDS 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’s Planning & Development Team concurs with the recommendations of the Coal Mining Risk Assessment report; that coal mining legacy potentially poses a risk to the proposed development and that investigations are required, along with possible remedial measures, in order to ensure the safety and stability of the proposed development. As such, should planning permission be granted for the proposed development, we would recommend that the following conditions are included on the Decision Notice: 1. No above ground development shall commence until; a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past shallow 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 made 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 above conditions. 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. Page 131 of 158
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Should planning permission be granted for this proposal, we also request that the following Informative Notes are included on the decision notice: 1 - Ground Investigations and groundworks Under the Coal Industry Act 1994 any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority since these activities can have serious public health and safety implications. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain permission to enter or disturb our property will result in the potential for court action. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on- your-property. 2 - Shallow coal seams In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. Please do not hesitate to contact me if you wish to discuss the above matters further. Yours sincerely James Smith James Smith BSc. (Hons), Dip.URP, MRTPI Planning and Development Manager 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. Page 132 of 158
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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 133 of 158
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https://nlcgov.sharepoint.com/sites/DEM-COMMITTEESERVICES/Shared Documents/Local Review Body/2025/24-00366- FUL/Consultations/CON - Pollution Control - 02052024.docx NORTH LANARKSHIRE COUNCIL INTERNAL MEMORANDUM TO: Head of Planning and Development Fleming House Tryst Road Cumbernauld FROM: Lyall Rennie Chief Officer (Community Operations) Pollution Control Team 2nd Floor Civic Centre Windmillhill Street Motherwell ML1 1AB FAO: Ann McGregor Ask for: Mark Ford Ext (01698) 274265 Your Ref: My Ref: 24/00366/FUL FLARE 623417 Date: 2nd May 2024 Copied to: Subject: Residential development of 5 houses and all associated site works Land At, Shielhill Road, Longriggend, North Lanarkshire I refer to your consultation in relation to the above application and have the following comments to make: Contaminated Land Historical data has shown the presence of potentially contaminated land on or near this site, namely, a former hospital site, historical mineshafts and railway land. To ensure potential risks arising from 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: 2011 “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. I trust that this information is satisfactory at this time. Mark Ford Environmental Health Officer Page 135 of 158
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SW Public General Monday, 29 July 2024 Local Planner Planning Department North Lanarkshire Council Cumbernauld G67 1JW Dear Customer, Land At Shielhill Road, Longriggend, ML6 7TR Planning Ref: 24/00366/FUL Our Ref: DSCAS-0114548-X3X Proposal: Residential development of 5 houses and all associated site works Please quote our reference in all future correspondence Scottish Water has no objection to this planning application. The applicant should be aware that this does not confirm that the proposed development can currently be serviced. Please read the following carefully as there may be further action required. Scottish Water would advise the following: Water Capacity Assessment • There is currently sufficient capacity in the Balmore Water Treatment Works to service your development. However, please note that further investigations may be required to be carried out once a formal application has been submitted to us. Waste Water Capacity Assessment • This proposed development is within the Upperton Waste Water Treatment Works catchment. To allow us to fully appraise the proposals we suggest that the applicant completes a Pre-Development Enquiry (PDE) Form and submits it directly to Scottish Water via our Customer Portal. Development Operations The Bridge Buchanan Gate Business Park Cumbernauld Road Stepps Glasgow G33 6FB Development Operations Freephone Number - 0800 3890379 E-Mail - DevelopmentOperations@scottishwater.co.uk www.scottishwater.co.uk Page 137 of 158
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SW Public General Please Note The applicant should be aware that we are unable to reserve capacity at our water and/or waste water treatment works. When planning permission has been granted and a formal connection application has been submitted, we will review the availability of capacity at that time and advise the applicant accordingly. Surface Water For reasons of sustainability and to protect our customers from potential future sewer flooding, Scottish Water will not accept any surface water connections into our combined sewer system. There may be limited exceptional circumstances where we would allow such a connection for brownfield sites only, however this will require significant justification from the customer taking account of various factors including legal, physical, and technical challenges. In order to avoid costs and delays where a surface water discharge to our combined sewer system is anticipated, the developer should refer to our guides which can be found at https://www.scottishwater.co.uk/Help-and-Resources/Document-Hub/Business-and- Developers/Connecting-to-Our-Network which detail our policy and processes to support the application process, evidence to support the intended drainage plan should be submitted at the technical application stage where we will assess this evidence in a robust manner and provide a decision that reflects the best option from environmental and customer perspectives. Next Steps Developments are required to submit a Pre-Development Enquiry (PDE) Form via our Customer Portal prior to any formal technical application being submitted, allowing us to fully appraise the proposals. Where it is confirmed through the PDE process that mitigation works are necessary to support a development, the cost of these works is to be met by the developer, which Scottish Water can contribute towards through Reasonable Cost Contribution regulations. I trust the above is acceptable however if you require any further information regarding this matter, please contact me on 0800 389 0379 or via the e-mail address below or at planningconsultations@scottishwater.co.uk. Yours sincerely, Angela Allison Development Services Analyst PlanningConsultations@scottishwater.co.uk Page 138 of 158
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SW Public General Scottish Water Disclaimer: “It is important to note that the information on any such plan provided on Scottish Water’s infrastructure, is for indicative purposes only and its accuracy cannot be relied upon. When the exact location and the nature of the infrastructure on the plan is a material requirement then you should undertake an appropriate site investigation to confirm its actual position in the ground and to determine if it is suitable for its intended purpose. By using the plan you agree that Scottish Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying out any such site investigation." Supplementary Guidance • Scottish Water asset plans can be obtained from our appointed asset plan providers: • Site Investigation Services (UK) Ltd • Tel: 0333 123 1223 • Email: sw@sisplan.co.uk • www.sisplan.co.uk • Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m head at the customer’s boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements to be installed, subject to compliance with Water Byelaws. If the developer wishes to enquire about Scottish Water’s procedure for checking the water pressure in the area, then they should write to the Development Operations department at the above address. • If the connection to the public sewer and/or water main requires to be laid through land out-with public ownership, the developer must provide evidence of formal approval from the affected landowner(s) by way of a deed of servitude. • Scottish Water may only vest new water or waste water infrastructure which is to be laid through land out with public ownership where a Deed of Servitude has been obtained in our favour by the developer. • The developer should also be aware that Scottish Water requires land title to the area of land where a pumping station and/or a Sustainable Drainage System (SUDS) proposed to vest in Scottish Water is constructed. • Please find information on how to submit application to Scottish Water at our Customer Portal. Page 139 of 158
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Comments for Planning Application 24/00366/FUL Application Summary Application Number: 24/00366/FUL Address: Land At Shielhill Road Longriggend North Lanarkshire Proposal: Residential development of 5 houses and all associated site works Case Officer: Ann McGregor Customer Details Name: Mrs ANN COLEMAN Address: 166 Greengairs Road Greengairs Airdrie North Lanarkshire ML6 7TA Comment Details Commenter Type: Member of the Public Stance: Customer objects to the Planning Application Comment Reasons: Comment:I object to this development 1. It's a very large area for 5 houses, however I note from annother objection that it maybe one application of many which is concerning. 2. I'm concerned about any approval without further research into potential subsidence and gases etc from previous opencast.(We lost houses in Greengairs due to previous opencast subsidence.) 3 The application would not comply with NPF4 policies. 4 again there is the issue with resources and services relevant to an increase in population in the area. Ann Coleman Page 141 of 158
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Comments for Planning Application 24/00366/FUL Application Summary Application Number: 24/00366/FUL Address: Land At Shielhill Road Longriggend North Lanarkshire Proposal: Residential development of 5 houses and all associated site works Case Officer: Ann McGregor Customer Details Name: John Bingham Address: The Old Clubhouse The Crescent Upperton ML6 7TR Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: Comment:Upperton Village requires a regeneration program, The proposal of 5 houses outwith the village boundry and in the greenbelt is not required in Upperton. To further expand the development into 90 houses in the greenbelt is not required adjasent to Upperton The 58 homes housing development mentioned in this application is within the village and not outwith or in the greenbelt and bears no coralation to it Page 143 of 158
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North Lanarkshire Council Report Local Review Body Does this report require to be approved? ☒ Yes ☐ No Ref 24/00366FUL Date 26/02/24 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 4e Page 145 of 158
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1. Background 1.1 Planning Application 24/00366/FUL for Residential development of 5 houses and all associated site works at land at Shielhill Road, Longriggend was refused planning permission under delegated powers on the 24th September 2024. 1.2 A notice of review was submitted by the appellant dated 20th December 2024. 2. Description of Proposal and Location 2.1 Description of proposal: Residential development of 5 houses and all associated site works Location: Land At Shielhill Road, Longriggend 2.2 The application site occupies an area of 1.19 hectares of previously undeveloped land (scrubland) situated to the north of the former Longriggend Remand Centre and outside the settlement boundary of Upperton village. The site is approximately 1.5km east of the village of Greengairs, 2km west of Longriggend and 8.2km (approximately) southeast of Cumbernauld (the nearest town) and/or 11.9 km (approximately) northeast of Airdrie. 2.3 The site is defined to the west by Shielhill Road and to the north by Shielhill burn. The southern edge of the site adjoins the former remand centre which defines the northern limits of the settlement. To the east, the site boundary is ill-defined as the site forms a small corner to the southwest of a much larger open field. 2.4 More generally, the site is situated on the edge of a settlement that is poorly served by local facilities or public transport, with only a limited bus service (hourly bus service 101 Mondays to Saturdays and hourly bus service 108 Sundays). 2.5 Site Context Google Aerial View 1 Page 146 of 158
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Google Aerial View 2 2.6 Plans Location Plan Page 147 of 158
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Block Plan and Block Plan Extract Page 148 of 158
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Elevations and Floor Plans Page 149 of 158
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2.5 Site Photographs Public Road looking north from brow of the hill Public Road looking south from brow of the hill Page 150 of 158
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Application site Adjacent site of former Remand Centre Page 151 of 158
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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 a) Climate mitigation and adaptation • Policy 13 b) Sustainable Transport • Policy 14 b) Design, Quality and Place • Policy 15 Local Living and 20 Minute Neighbourhoods • Policy 16 f) Quality Homes • Policy 17 Rural Homes A copy of these policies in full are located the agenda papers annex. 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: Page 152 of 158
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North Lanarkshire Local Development Plan 2022 (LDP): • PP5 Purpose of Place • AD5 Amount of Development • EDQ 1 Site Appraisal, • EDQ2 Specific Features for Consideration • EDQ 3 Quality of Development A copy of these policies in full are located the agenda papers annex. 2.11 The proposed development was considered contrary to the policies of both the LDP and NPF4, there is no justification or specific locational need for the development and due to the rural greenfield element of the development and relative lack of accessibility necessitating the use of private transport. Therefore, the proposal were also considered to fail the requirements of Policies PP5 and AD5 of the LDP and Policies 13b), 14b), 15, 16f) and 17 of NPF4. In addition there were no material considerations that would outweigh the adverse effects that the development would have on the countryside and settlement pattern and roads network accordingly, the application was recommended for refusal. 2.12 Reasons for Refusal 2.13 The reason for refusal was: The proposed development fails to demonstrate special circumstances or a specific locational need for housing in the countryside contrary to Policies PP5 and AD5 of the North Lanarkshire Council Local Development Plan and Policies 16 and 17 of the National Planning Framework 4. Further, the proposed development would result in an unsustainable form of development due to reliance on the use of private car to access local facilities contrary to Policies PP5, EDQ1 and EDQ3 of the North Lanarkshire Council Local Development Plan and Policies 13b), 14b), 15, 16f) and 17 of the National Planning Framework 4. 2.14 The application was refused planning permission on 24th September 2024. 2.15 Consultations 2.16 The Coal Authority had no objection to the application subject to intrusive investigations being carried out on site to establish any risks posed to the development by past shallow coal mining activity and, where relevant, remediation works and/or mitigation measures to address any land instability arising from coal mining legacy. A further condition to be imposed on any grant of planning permission, would require submission of 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 prior to the occupation of the development. 2.17 NLC Protective Services had no objection to the application subject to a condition being attached to ensure potential risks arising from previous land uses around the site have been fully assessed via submission of a comprehensive site investigation carried out in accordance with the British Standard Code of Practice BS 10175: 2011 'The Investigation of Potentially Contaminated Sites'. Page 153 of 158
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2.18 NLC Roads had no objection to the application. However, significant revisions would be necessary in the interests of road safety, including inter alia: a) relocation of the proposed access to the existing field gate location at the brow of the hill in order to help achieve visibility requirements; a 10.5m corner radii with footways to both sides and a 4.5m x 120m visibility splay in both directions from a driver eye height of 1.05m would be necessary unless the applicant can demonstrate via a traffic survey that the 85th percentile speed is 40mph or less over a 7-day period at the development access and; b) turning circle provided in place of the proposed turning head to prevent vehicles having to make reversing manoeuvres and designed to NLC standards (Guidelines for Development Roads 1986). A full list of NLC Roads requirements is provided in consultation response dated 21 May 2024. 2.19 Representations 2.20 There were 2 representations in relation to this application and can be summarised as objecting to the proposal on the basis of:- 1. No requirement for housing on a greenfield site 2. Potential subsidence and gases associated with previous mining 3. Issues relating to capacity to accept more housing without facilities, services and resources 2.21 Review Submission 2.22 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:- This is a well-considered proposal which will enhance the local area, strengthen the community of Upperton, respect the constraints of the site, protect existing residential amenity, and provide a valuable and attractive addition to the housing supply. The Review Statement then provides detailed responses related to the policies quoted in the reason for refusal. • Countryside - PP5 POLICY Purpose of Place • Countryside - AD5 POLICY Amount of Development • EDQ 1 POLICY Site Appraisal • EDQ 3 POLICY Quality of Development • The National Planning Framework, NPF4 The review then provides a proposed housing sustainability specification and concludes that the proposal: • Requires deeper consideration of the potential long-term benefits. • Will complement the existing settlement and strengthen its viability and sense of community and place by adding a variety of house types and by adding to its significance. It should hopefully lead to further development which should improve facilities and services to the settlement. • Is suitably scaled and positioned and is of a low rise and low-density form. Page 154 of 158
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• It is felt that Upperton is at present not particularly sustainable and further development would help to create a stronger sense of place, with greater opportunity to be a sustainable community. • It is a stepping stone to a stronger and more sustainable community in this semi-rural location. 2.23 Representations subsequent to notification of interested parties of the Notice of Review 2.24 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 The appellant has requested further procedures in the form of site inspection. 2.28 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. 2.29 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 (National Planning Framework 4 and North Lanarkshire Local Plan 2023) - Consultation Response - Representations received. - Notice of Review and Supporting Documentation. Pamela Humphries Chief Officer of Place Page 155 of 158
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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 ☒ Page 156 of 158
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If Yes, please provide a brief summary of the impact? 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 157 of 158
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