North Lanarkshire Local Development Plan Update and Development Plan Scheme 2022
North Lanarkshire Council · 30 June 2022
Back to Planning Committee — 30 June 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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North Lanarkshire Council Report Planning Committee Does this report require to be approved? ☒ Yes ☐ No Ref Date 30/06/22 North Lanarkshire Local Development Plan Update and Development Plan Scheme 2022 From Pamela Humphries, Head of Planning and Regeneration E-mail laingg@northlan.gov.uk Telephone 07970018874 1. Background 1.1 Members will be aware that the Development Plan for North Lanarkshire is at Adoption stage and that the Planning (Scotland) Act 2019 introduced a new system of Development planning for Scotland. Consultations were carried out in relation to National planning Framework 4 (NPF4) and Local Development Plan (LDP) Regulations and Guidance in late 2021 into spring 2022. These contained significantly more detailed requirements than in the Act and to date and the Government is currently considering responses to the consultation with a view to publishing modified proposals later this year. 1.2 The Council published a Development Plan Scheme in April 2021 which took account of the available information on the implementation of the Act and laid out an indicative timeline accordingly. In accordance with current legislative requirements and considering the current position with each of these factors a revised Development Plan Scheme has now been prepared for publication. Executive Summary The purpose of this report is to update members on the preparation of the North Lanarkshire Local Development Plan and agree the Development Plan Scheme 2022, which details the revised timetable for the Plan. Recommendations It is recommended that Committee note the contents of the report and agrees the North Lanarkshire Local Development Plan Development Plan Scheme 2022. The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition statement (5) Grow and improve the sustainability and diversity of North Lanarkshire's economy
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2. Report Modified Proposed Plan 2.1 Following publication of the Report of Examination of the Modified Proposed North Lanarkshire Local Development Plan and in accordance with decisions of the Planning Committee in November 2021 the Plan Intended for Adoption was submitted to the Scottish Government on 31st March 2022. The Government has formally extended the period for consideration twice, to 22nd June 2022. North Lanarkshire Local Development Plan Development Plan Scheme 2022 2.2 The North Lanarkshire Local Development Plan Development Plan Scheme is attached at Appendix 1 and sets out annually the stages and timetable being followed to deliver the Local Development Plan. The 2022 Scheme has been updated to reflect the time taken to complete previous stages and the expected timescales for the remaining stages in the plan process, with Adoption of the Local Development Plan expected in summer 2022. The Scheme also incorporates the North Lanarkshire Council Local Development Plan Stakeholder Engagement Strategy which will form the basis of a new Participation Statement and Engagement Strategy for LDP2. 2.3 There remain significant material uncertainties around crucial legislative, regulatory and strategic obligations and considerations. Although these impact directly on the Council’s ability to prepare a detailed Scheme for the preparation and delivery of the next LDP the section relating to LDP2 has been updated to reflect information contained in Government consultations on NPF4 and the LDP Regulations and Guidance. Based on our understanding of the changes outlined above, delays in Adopting NPF4 and LDP Regulations and an assessment of the likely timescales to carry out this work undertaken by Heads of Planning Scotland this includes information on • Status of existing Plans, Policies, Strategies and legislation that affect the LDP process • North Lanarkshire LDP2 Process • North Lanarkshire LDP2 Indicative Timetable to adoption potentially in 2027 3. Measures of success 3.1 The long-term aim of the Plan is to increase sustainable growth and regeneration, and to improve places in support of our Corporate Vision. The Plan looks to achieve this through policies used to determine applications for planning permission 5.2 3.2 In particular the Plan will support delivery against the Improving economic opportunities and outcomes priority and provides the policy framework through which the Economic Regeneration Delivery Plan can deliver against the land use aspects of the Council’s Ambition, including • Housing regeneration/ re−provisioning • Town Centre Regeneration • Business and Industry • Infrastructure development 4. Supporting documentation North Lanarkshire Council Development Plan Scheme 2022
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Pamela Humphries Head of Planning and Regeneration
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5. Impacts ( http://connect/report-template-guidance ) 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 have been discussed and agreed with Financial Solutions? 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 have been discussed and agreed with People and Organisational Development? 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 have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact?
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Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) 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?
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1 Appendix 1 NORTH LANARKSHIRE COUNCIL LOCAL DEVELOPMENT PLAN DEVELOPMENT PLAN SCHEME June 2022 North Lanarkshire Council Planning and Regeneration
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2 CONTENTS Page 1 Introduction 2 2 The Statutory Development Plan 2 For North Lanarkshire 3 Local Development Plan 4 4 Local Development Plan Timescales 5 5 North Lanarkshire Local Development Plan 7 6 North Lanarkshire Local Development Plan 2 8 7 Participation Statement & Engagement Strategy 13 8 Contacting the Development Plan Team 13 North Lanarkshire Council Local Development Plan Stakeholder Engagement Strategy 14
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3 1 Introduction North Lanarkshire Council is required to publish a Development Plan Scheme that sets out the programme for preparing and reviewing Development Plans, and what is likely to be involved at each stage. It must be updated annually and include: - A programme for preparing and reviewing the Local Development Plan; - Set out what is likely to be involved at each stage; - A Participation Statement setting out when, how and with whom consultation on the plan will take place; - The authority’s proposals for public involvement in the plan preparation process. The Development Plan Scheme for North Lanarkshire was first published in April 2011. The Council was unable to prepare a 2020 Development Plan Scheme, owing to adjustments introduced in response to Covid-19, not least the move to remote working and initial suspension of Committee consideration of non-application matters, along with the need to concentrate resources on preparations for the Modified Proposed Plan Examination. In addition, Covid-19 led to the Scottish Government pushing back implementation of key elements of the Planning (Scotland) Act 2019, resulting in continuing material uncertainty and delay. 2 The Statutory Development Plan for North Lanarkshire Development Plans set out policies and proposals for the future development and use of land in our towns and countryside; where development should, or should not, happen and how development affects its surroundings. They are the basis for decision making on planning applications. They consider a wide range of land use matters including economic development and infrastructure, retail and town centres, housing and community facilities and the natural and built environment with a view to creating high quality, sustainable places. The current Development Plan for North Lanarkshire consists of the Clydeplan Strategic Development Plan, the North Lanarkshire Local Plan and a suite of Supplementary Planning Guidance notes. These are informed by the National Planning Framework for Scotland. Supplementary Planning Guidance (SPGs) North Lanarkshire Local Plan (NLLP) Clydeplan Strategic Development Plan (CSDP) National Planning Framework for Scotland (NPF)
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4 The National Planning Framework for Scotland is produced by the Scottish Government and sets out, in broad terms, the Scottish Ministers’ strategy and priorities for Scotland’s spatial development. National Planning Framework 3, came into effect in June 2014. NPF 4 is expected to be Adopted in late 2022. The Clydeplan Strategic Development Plan is prepared by the 8 constituent councils that make up the Glasgow and the Clyde Valley Strategic Development Planning Authority and sets out a long-term Spatial Vision and Spatial Development Strategy for the wider Glasgow city-region until 2036. It was Approved by Scottish Ministers on 24 July 2017 The North Lanarkshire Local Plan was prepared by North Lanarkshire Council and sets out more detailed policies and proposals to guide development in North Lanarkshire over the next 5 – 10 years. It was Adopted on 28 September 2012. Supplementary Planning Guidance notes prepared by North Lanarkshire Council provide more detailed guidance on specific issues. There are currently 30 adopted Supplementary Planning Guidance Notes for North Lanarkshire. 3 Local Development Plan The North Lanarkshire Local Development Plan will replace the North Lanarkshire Local Plan. It will contain a spatial strategy, proposals map, action programme for identified developments and schedule of the local authority’s land interests affected by Plan policies or proposals. It will focus on specific proposals for the period up to Year 10 from Adoption. The Local Development Plan will be integrated with Council and Partner statutory plans and strategies affecting the development of land. It will take account of the National Planning Framework and be consistent with its relevant Strategic Development Plan and other plans, including The Community Plan and Local Housing Strategy. Statutory and other Assessments of The North Lanarkshire Local Development Plan The Local Development Plan is required to include the following: - A Strategic Environmental Assessment (SEA) – a process of scoping potential environmental impacts resulting from future Local Development Plan development strategy, policy or proposals. This will be carried out in conjunction with Scottish Environmental Protection Agency, Scottish Natural Heritage and Historic Scotland. - Equality Impact Assessment (EqIA) (North Lanarkshire Local Development Plan’s incorporates a Human Rights Impact Assessment and the Health Impact Assessment (HIA) – a process for ensuring that Local Development Plan strategy, policy or proposal address potential impacts on disadvantaged individuals or groups and assessing them against broader impacts on health and wellbeing. - Habitats Regulations Appraisal Record – a process for assessing Local Development Plan strategy, policies and proposals against potential impacts on Natura 2000 sites and set out potential mitigation.
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5 4 Local Development Plan Timescales The intended timescales for preparing the Local Development Plan, together with accompanying Strategic Environmental Assessment are laid out below Local Development Plan Process Strategic Environmental Assessment (SEA) Process Timeline Development Plan Scheme Participation Statement Updated Annually Call for Sites (CfS) Parameters Engagement Call – 10 weeks July-Sept 2013 Main Issues Report (MIR) Pre-MIR Analysis & Engagement Monitoring Statement & Main Issues Report SEA Scoping 2014 Jan-May 2015 Main Issues Report Report on Responses and Site Options Consultation Draft Environmental Report April 2016 Consultation on MIR Outcomes - 8 weeks Apr 2016 Proposed Plan Proposed Plan Document & Maps Additional Consultation Key Agencies/Partners/ Infrastructure Providers Jan 2017 Environmental Report to SEA Gateway Proposed Plan Consultation – 7 weeks Mar 2017 Modified Proposed Plan Modified Plan Document & Maps Planning Sub Committee Approval Sep 2018 Additional Consultation Key Agencies/Partners/ Infrastructure Providers Jan 2019 Environmental Report to SEA Gateway Feb-April 2019 Modified Plan Consultation – 8 weeks Feb-April 2019 Examination Preparation Submit Plan (Schedule 4s) Proposed Plan Document & Maps Action Programme July 2020
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6 Local Development Plan Process Strategic Environmental Assessment (SEA) Process Timeline Examination – Outwith Council Control Commenced 20th October 2020 Further Information Requests 2020/21 Report of Examination May 2021 Adoption process Submit Plan for Adoption Amend Environmental Report March 2022 Formal Adoption 2022 Post Adoption Environmental Report 2022 5 North Lanarkshire Local Development Plan Local Development Plan Process The Council undertook a 10-week Call for Sites in 2013, during which some 175 sites were promoted. A Main Issues Report (MIR) was published in March 2015 outlining key changes affecting North Lanarkshire since Adoption of North Lanarkshire Local Plan in 2012, covering the Council’s preferred options for development in North Lanarkshire and alternative development strategies and sites. 45 additional sites were introduced during the 11-week consultation period, making a total of 220 sites submitted for consideration. In April 2016, the Council approved a Report on the outcomes of the Main Issues Report and the Urban Boundary Review, outlining which of the 220 sites were likely to be included wholly or in part in any forthcoming Plan. The Proposed Plan was approved in August 2016 and published in January 2017 for a 7-week consultation period, containing the Council’s final proposals and policies. Engagement stage included the opportunity to submit formal objections and for those objections to ultimately be determined through an Examination held by Scottish Government Reporters. All development site owners / occupiers / neighbours were notified and a schedule of proposals affecting land in Council ownership was prepared. The Proposed Plan and associated documents resulted in some 1,594 representations being received. Local Development Plan Modified Proposed Plan, Examination & Adoption The Development Plan Scheme February 2018 outlined the Council’s intention to prepare a Modified Proposed Plan, in light of the Scottish Ministers’ decision to Approve the Clydeplan Strategic Development Plan being subject to Legal Challenge, which concluded in March 2018. The Modified Proposed Plan updated the Plan and afforded a further opportunity to anyone who wished to make comment/objection through an 8-week period of consultation that ended in April 2019. 407 contributions were received during that consultation period and these were validated, acknowledged and categorised in order to derive the necessary documentation for unresolved issues (objections) to be sent for Examination by Scottish Government Reporters, along with the Modified Proposed Plan. The Examination formally began on 20 October 2020 and is expected to take 6-9 months The Plan includes all relevant land-use strategies, policies, development proposals and maps. It is available on the Council website. Completed Stages
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7 It contains: A vision statement for North Lanarkshire setting out how development of the area could be undertaken and what it might look like. A spatial strategy incorporating a detailed statement of policies and development proposals for the area to achieve the vision. A long-term sustainable settlement strategy is included that will meet Council needs, priorities and aspirations, with details of Infrastructure requirements related to planned growth. Supplementary Guidance The Plan has a focus on vision, spatial strategy, overarching and other key policies and proposals. Detailed material associated with the development strategy will be contained in supplementary guidance. Changes brought in by the Planning (Scotland) Act 2019 will affect the Council’s ability to produce Supplementary Guidance, as the Section 9 of the 2019 Act, on commencement, removes any provisions for preparing and adopting statutory Supplementary Guidance. This may have an impact on the contents of future Local Development Plans. Action Programmes A Local Development Plan Action Programme has been prepared to assist in delivering the Plan’s objectives. It includes: - list of actions required to deliver each of the Plan’s policies and proposals - names of parties responsible for each action - timescale for implementation The Action Programme accompanied the Modified Proposed Plan to Examination. It will be confirmed within 3 months of Plan Adoption, reviewed and updated every 2 years. Examination and Adoption As outlined, Examination of the Modified Proposed Plan commenced on 20th October 2020. The Report of Examination was published in May 2021 The report deals with 35 unresolved issues identified by the Council and recommends changes in both the presentation and content of some policies within the North Lanarkshire Local Development Plan Modified Proposed Plan documents. Of particular note in the are:- • Merging of all Guidance sections into Policy • A replacement PROM LOC3 Policy on Promoting Housing Development Sites • Replacement of the Housing Land Requirements Appendix and substitution of the 2019 Housing Land Audit sites for the 2017 Housing Land Audit Sites • A replacement section in Policy PROM ID2 Utilities Improvements on Renewable Energy In addition to these Recommended changes the Council received a letter in August 2021 from the DPEA confirming that any changes required because of the Recommendations made by the Reporters should also be made. In accordance with the Regulations a number of further changes of a grammatical, typographical or factual nature have also been made to the text within the Policy Document. Following in-depth analysis of the Recommendations, and consequential changes and amendments, there is only one instance where the Council is seeking to depart from the Recommendations. This is in respect of the Reporters’ Recommendations at Issues 010 and 012. These Recommendations are contradictory in that they call for the designation of different numbers of Commercial Centres under a description which does not apply to them all.
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8 The Plan Intended for Adoption was submitted to the Scottish Government in March 2022. Adoption is expected in summer 2022. 6 North Lanarkshire Local Development Plan 2 Implications of the Planning (Scotland) Act 2019 The Planning (Scotland) Act 2019 introduces significant and far reaching changes to the development planning system in Scotland. A “Purpose for Planning” which makes provisions for the Development Plan to manage the development and use of land in the long-term public interest, contributing to sustainable development and achieving national outcomes. The Act changes the current hierarchy of plans by enhancing the status of the National Planning Framework (NPF) merging it with Scottish Planning Policy (SPP) to produce a high level plan for Scotland which, amongst other things, sets out how the Scottish Ministers consider development will contribute to achieving the National Outcomes, sets out targets for housing and identifies national developments. This statutory document is to be prepared by the Scottish Ministers and reviewed every 10 years, rather than every 5 years which is the current requirement. The requirement for the preparation of strategic development plans (SDPs) is removed and instead introduces the requirement for planning authorities, working alone, or in partnership with two or more planning authorities to form strategic partnerships, to prepare and adopt a Regional Spatial Strategy. A planning authority must adopt a regional spatial strategy as soon as practicable after this part of the Act comes into force and the Government has the power to direct planning authorities to prepare and adopt such strategies. Regional Spatial Strategies will inform the NPF and Local Development Plans (LDPs). The NPF and Local Development Plans are to be prepared at least every 10 years rather than every 5 years. The requirement for the production of a Main Issues Report (MIR) for Local Development Plans is removed and replaced with an Evidence Report. The Evidence Report will require to be examined by an independent Reporter at the start of the plan process who will then decide if the information in the report is sufficient for the Planning Authority to start preparation of the Local Development Plan. A further significant change is the introduction of the right for communities to come together and prepare Local Place Plans (LPPs). Before preparing a Local Development Plan, a Planning Authority must invite local communities in their district to prepare LPPs, stating the date by which they must be prepared and details of the assistance available for local communities to prepare LPPs. In preparing its LDP the planning authority must have regard to LPPs. Other changes introduce requirements for Development Plans introduced by the Act include the carrying out of Play Sufficiency Assessments, preparation of Open Space Strategies to inform the LDP. Additionally, on commencement of Section 15 of the Act, it will be required to gather evidence and prepare policies and proposals on subjects new to land use planning, including the provision of water refill locations and public conveniences, as well as making informed statements on matters relating to health, education and cultural venues. There remains no guidance, or indication as to how these tasks are to be carried out and how they relate to the policies and proposals of the authorities responsible, often statutorily, for these matters. The Act also removes the ability for Planning authorities to prepare and publish Statutory Supplementary Planning Guidance in support of a LDP. The provisions of the Act affecting Development Plans have not been commenced to date and the Government intends to consult on regulations on these matters throughout 2021 making it difficult to be precise regarding the timetabling of the preparation of the next Local Development Plan. LDP 2 North Lanarkshire Council is already considering the processes and project planning required to deliver its second Local Development Plan. However, there remain significant material uncertainties around crucial legislative, regulatory and strategic obligations and considerations that impact directly on the Council’s ability to prepare appropriately. These include the
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9 • Planning (Scotland) Act 2019 Implementation Timetable o LDP Implications o DM Implications to be included in LDPs • Local Development Planning Regulations o Timetable o Contents • National Planning Framework 4 and Scottish Planning Policy o Timetable o Contents o Applicability to Development Planning o Delivery strategy • Regional Spatial Strategy o Timetable o Contents o Status in Development Planning Based on our understanding of the changes outlined above and an assessment of the likely timescales to carry out this work undertaken by Heads of Planning Scotland the following tables have been prepared outlining the range of Plans, Policies, Strategies and legislation that affect the LDP process, the process of developing and an indicative timetable for production of LDP2.
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10 Local Development Plan and Related Strategies & Polices, Lead Authorities and Current Status Plan and related Strategies & Policies Lead Current Status North Lanarkshire Local Development Plan (Modified Plan) NLC Plan Intended for Adoption submitted to Scottish Government in March 2022. Adoption expected in late 2022. National Planning Framework 4 (NPF4) incorporating Scottish Planning policy (SPP) SG Government laid the draft NPF4 in the Scottish Parliament in December 2021 with public consultation at that stage. The responses are now being assessed with a revised NPF4 expected in mid to late 2022 with Adoption thereafter. Regional Spatial Strategy (non- statutory) GCR - Clydeplan Revised Indicative RSS submission April 2021. Final RSS 2022 following NPF4 Adoption. Local Place Plans Communit ies Regulations in force from January 2022. Awaiting LDP Regulations to advertise for expressions of interest as per legislation. Open Space Strategy NLC Consultation on Regulations completed March 2022. Regulations expected Autumn 2022. Other Strategies (incl. Local Housing Strategy, Transportation Strategy, The Plan for North Lanarkshire, City Region City Deal, City Region Economic Strategy) NLC and Partners A range of NLC and Partner Strategies at various stages of development, some of which have statutory links to the Local Development Plan (e.g. Local Housing Strategy) North Lanarkshire Local Development Plan 2: • Evidence Gathering process • Gatecheck • Call for Ideas • Draft Plan preparation and consultation • Submission and Examination • Adoption 2027 at earliest NLC Draft Local Development Plan Regulations and Guidance were consulted upon concurrently with NPF4. Regulations are expected to be commenced following Adoption of NPF4 (likely late 2022). Subject to the timing and content of the regulations this is a potential timetable • Evidence Gathering starts in 2022 and continues in 2023 (HoPS estimate this will take a year) • Gatecheck process 2024 (HoPS estimate this will 44 weeks) • Call for Ideas replaces Call for Sites and has moved to the post Gatecheck stage in draft regulations • Draft Plan preparation 2025 and consultation early 2026 (HoPS estimate 48-week process) • Submission 2026 and Examination 2026/27 (HoPS estimate 1-year process) • Adoption 2027 (HoPS estimate 16-week process) but this process is proposed to change in Draft LDP Regulations
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11 North Lanarkshire LDP2 Process Adoption Recieve Report of Examination Assess RoE and Prepare Adoption Plan Submission and Examination Assess Consultation Responses Agree non-material amendments and Schedule 4 responses at Committee Submit for Examination Draft Plan preparation and consultation Prepare Plan based on Gatecheck Outcome and Call for Ideas Agree Plan at Committee Publish and Consult Call for Ideas Set Call for Ideas Parameters Carry out Call for Ideas Gatecheck Compile Evidence Submit to Reporters Gatecheck 'Discussion' Gatecheck outcome Implications of National Planning Framework 4 (NPF4) incorporating Scottish Planning policy (SPP) Regional Spatial Strategy (non-statutory), Local Place Plans other legistlation and Strategies, Land Supply Requirements, Economic and environmental circumstances New requirements of Planning Act including Health and education needs and the effect of development on them and cultural venues planning Policies and proposals on public conveniences, water refill locations Evidence Gathering process
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12 NLLDP2 Indicative Timetable 2022 2023 2024 2025 2026 2027 Evidence Gathering process Gatecheck 1 year Call for Ideas 12 wks Draft Plan preparation 36 wks Draft Plan consultation 12 wks Assess Responses and Submission 24 wks Examination 36 weeks Adoption 16 wks SEA SEA Scoping Consult with Key Partners and Agencies Draft Environmental report Consult with Key Partners and Agencies Environm ental report Post Adopti on ER
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13 7 Participation Statement & Engagement Strategy The Participation Statement aligned with the Development Plan Scheme was published as a stand-alone document along with the Engagement Strategy and is attached below for reference. In light of the expanded range of previously considered non-planning “responsibilities” and taking account of the new sections 16A and 16B of the Act, the Council will have to review its Participation Statement and Engagement Strategy accordingly following commencement of those parts of the Act. The Participation Statement and Engagement Strategy for the Local Development Plan, along with the most up to date Scottish Government requirements, guidance and advice will form the basis of a new Participation Statement and Engagement Strategy which will be incorporated in future Development Plan Schemes. Stakeholders, including the wider public, have an important role in shaping their Plan. The Council’s Engagement Strategy will guide engagement for the North Lanarkshire Local Development Plan 2 and will set out when, how and with whom consultation on the plan will take place, and the Council’s proposals for public involvement in the plan preparation process. The Strategy will be updated regularly throughout the process and can be accessed through the Council’s website. The Council is committed to engaging with communities in line with the National Standards on Community Engagement: Relevant Parties for Engagement These are detailed in the relevant documents but are outlined below. The following stakeholders are Key Agencies, have geographical or strategic planning association with North Lanarkshire, are community or residents’ groups, or may be expected to have an interest in the North Lanarkshire Local Development Plan. • Key Agencies; • Public sector organisations • Partner Organisations • Special Interest & Representative Organisations • Community & Representative Organisations • Members of the Public • Private Sector Organisations • Special interest & representative organisations • Private sector organisations 8 Planning and Regeneration Service Contact Details Online: www.northlanarkshire.gov.uk By Email: ESNLLDP@northlan.gov.uk By Mail: Enterprise & Communities Planning and Regeneration North Lanarkshire Council Civic Centre Motherwell By Phone: 01236 632622
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14 NORTH LANARKSHIRE COUNCIL LOCAL DEVELOPMENT PLAN STAKEHOLDER ENGAGEMENT STRATEGY North Lanarkshire Council Planning and Regeneration
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15 NORTH LANARKSHIRE COUNCIL LOCAL DEVELOPMENT PLAN STAKEHOLDER ENGAGEMENT STRATEGY INTRODUCTION 1. The North Lanarkshire Local Development Plan will be the key document which sets the land use framework for North Lanarkshire. 2. The North Lanarkshire Local Development Plan is a land use policy document which has a significant influence on what is built on or what uses can be undertaken on land in North Lanarkshire. It does this by allocating sites for specific land uses such as housing, retailing, business and industry or developments such as schools, health centres and waste management facilities and by including policies designed to promote the economic, social, physical and environmental well being for North Lanarkshire. It therefore affects everyone who lives in, works in or visits North Lanarkshire. 3. The North Lanarkshire Local Development Plan will replace the current adopted North Lanarkshire Local Plan. The first North Lanarkshire Local Development Plan is planned for adoption in 2017. 4. We are committed to preparing the Council’s first North Lanarkshire Local Development Plan on the basis of genuine engagement with a broad range of stakeholders and this Strategy sets out how we will achieve this. 5. The Council is required to publish a Development Plan Scheme that sets out the programme for preparing and reviewing Development Plans, and what is likely to be involved at each stage. The Development Plan Scheme must be updated annually and will be published alongside the Participation Statement which in turn sets out when, how and with whom consultation on the plan will take place and the Council’s proposals for public involvement in the plan preparation process. 6. Engagement with a broad range of stakeholders is an important part of the production of the North Lanarkshire Local Development Plan. However although important, the outcome of this is only part of the evidence base upon which decisions are made. 7. It is intended this Strategy and the Participation Statement will ensure that the outcome of engagement undertaken throughout the Local Development Plan process and its role in the decision making process is clearly understood and any decisions taken are made in a transparent way. HOW DOES THE STAKEHOLDER ENGAGEMENT STRATEGY WORK? 8. The purpose of the Strategy is to set the background and outlines the Strategy’s objectives to support and improve the effectiveness of engagement with stakeholders by providing guidance for Council staff and a clear explanation for stakeholders who will be engaged, when and how and also what engagement has happened so far in the preparation of the North Lanarkshire Local Development Plan. 9. The Participation Statement will be updated regularly throughout the preparation of the North Lanarkshire Local Development Plan to provide an up to date position on the Councils progress and to respond to issues as they arise. 10. The use of ‘we’ within this strategy refers to the Development Plan Team within the Council’s Planning and Regeneration Service. We are responsible for the preparation of the North Lanarkshire Local Development Plan on the Council’s behalf, for approval by the elected members.
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16 LEGAL CONTEXT 11. The Stakeholder Engagement Strategy is about making a complex statutory process accessible to stakeholders so that they can influence its policies. It is not about focussing on technical details. However, every element of the Plan’s preparation is influenced by legislation and policy guidance. 12. The preparation and adoption of the North Lanarkshire Local Development Plan is a legal process and it is important to be aware that: • The North Lanarkshire Local Development Plan is a statutory document the Council is required by law to prepare. The Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006 requires Council’s to prepare a development plan for their area. These plans must be updated every five years. • The process of preparing the North Lanarkshire Local Development Plan is also determined by law. The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 provides the detail for the preparation and publication of local development plans and in particular provides a minimum set of requirements for consultation and publicity of local development plans. 13. In addition to legislation, the Council is also required to observe a number of policies and advice documents prepared by the Scottish Government. These take the form of: • National Planning Framework 3 • Scottish Planning Policy • Planning Advice Notes, Guides, Letters from the Chief Planner; and • Circulars (including the Planning Series Circular 6/2013: Development Planning) 14. Planning Advice Note 3/2010 Community Engagement provides advice to communities on how they can get involved as well as advising planning authorities and developers on ways of effectively engaging with communities on planning matters. The Planning Advice Note 3/2010 also links directly with the National Standards for Community Engagement. The Standards set out best practice principles for the way that councils and other public bodies should engage with communities. 15. Planning Aid Scotland has produced SP=EED (Scottish Planning equals Effective Engagement and Delivery) as a practical guide to effective community engagement in planning. This Strategy has been produced to be in line with this guide. STAKEHOLDERS AND EFFECTIVE ENGAGEMENT 16. Throughout this Strategy the terms ‘stakeholder’ and ‘communities’ are interchangeable. They refer to any person, group or organisation that has an interest in, could be affected by or could affect the North Lanarkshire Local Development Plan. 17. Stakeholders could be individual residents, neighbourhoods, community groups, businesses, landowners, developers, parents, government organisations, and people with disabilities or special interest groups. 18. When talking about engagement, we are referring to actions or processes that enable stakeholders to be aware of, or be involved in the Local Development Plan process and then use their input to make more informed decisions. 19. Substantial changes have been made recently to Scotland’s planning system. As part of this modernisation, there has been a wider push for earlier and more effective engagement. 20. In order for engagement to be effective it needs to be genuinely open and accessible. This means ensuring that people are aware of the Local Development Plan as early in the process as possible, that they have the facts that allow them to make a genuine contribution, that they have had the opportunity to engage and that, having made
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17 their views known, they get a clear explanation of how and why decisions were made. 21. Engagement has been designed into the reformed planning system and it is integral to the process of preparing a Local Development Plan. 22. For example, Council’s are required to let communities know at the beginning of the process when and how engagement will happen through the Development Plan Scheme. Council’s are required to identify the main land use issues for their area and consult on the options for how these can be addressed through a Main Issues Report prior to drafting a new plan. This means that communities are involved earlier in the process and have more influence over the outcomes. WHAT IS THE PURPOSE OF ENGAGEMENT 23. The purpose of engagement refers to the level or role of stakeholder involvement and the amount of influence they have in the process. 24. For the purposes of this Strategy, three levels of engagement are used to describe the nature and purpose of engagement methods. These are inform, consult and involve. 25. Some engagement methods seek to simply ‘inform’ stakeholders and there is no expectation of receiving feedback, consequently there is a low level of public involvement. However, when the purpose of engagement is to ‘involve’ stakeholders this implies a more interactive process with increased expectations by stakeholders and an increased level of influence. 26. The nature of these three levels of engagement is described in the diagram below. Table 1 Inform Consult Involve Purpose: to provide stakeholders with balanced and objective information Purpose: to seek stakeholder views on policy Purpose: to seek stakeholder views and input to policy • One way flow of information • Purpose is to provide information/educate • Factual Information is needed to describe a policy, program or process • Foundation of all community engagement processes • There is no opportunity to influence the final outcome • Information is necessary to abate concerns or prepare for involvement • To advise the public needs on the results of a process • A decision may have already been made (no decision is required), i.e. informing that the plan is adopted • Two-way interactive process • There is an opportunity to influence the final outcome. • Input may shape policy directions • To obtain public feedback on analysis, alternatives and/or decisions. • Two way flow of information • A higher level of participation is expected from stakeholders than with consulting. • In depth joint working with key stakeholders • We wish to encourage discussion among and with stakeholders Increasing level of stakeholder engagement
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18 27. Table 1 indicates the purpose of engagement for each stage of the North Lanarkshire Local Development Plan preparation process and is summarised in the figure below. Both Table 1 and the figure below clearly illustrate that higher levels of stakeholder involvement will be towards the start of the process, allowing genuine opportunities to influence the process and that providing information is important throughout the plan process. A LONGER TERM APPROACH 28. This Strategy is not only about how we engage communities in the preparation of the Council’s first North Lanarkshire Local Development Plan, but also subsequent development plans. Some of our actions will be focussed on raising the profile and awareness of the North Lanarkshire Local Development Plan and the land use planning process with a view to increasing the interest in, ease and desire for stakeholders to be involved. 29. This will take time and commitment and the benefits are likely to be more significant to future development plans. We see this as investing in both the present and future communities’ capacity to be involved in the land use planning process. BENEFITS OF ENGAGEMENT 30. Both communities and the Council stand to benefit from effective engagement. Benefits to the community Benefits to the Council • Allow the various communities within North Lanarkshire to influence the decision-making process • Result in decisions being made that are more likely to reflect the needs of communities and be supported by them. • Foster a sense of belonging to the community and create stronger communities. • Empower individuals with regard to issues that affect them. • More transparency and accountability • Allows the Council to make more informed decisions based on stronger evidence and thus prepare better policies • People who live, work, play, use services, do business and manage resources within North Lanarkshire have a range of local knowledge and expertise that should be utilised to inform and influence Council decisions that impact upon them. • If undertaken early in the process, where there is more scope to influence decisions, it can save time later on. THE STRATEGY OBJECTIVES 31. The objectives of the Stakeholder Engagement Strategy are: • To make a better plan for North Lanarkshire • To meet our statutory engagement requirements. • To raise awareness of the North Lanarkshire Local Development Plan amongst a broad range of stakeholders. Main Issues Report Proposed Plan Examination Justify Adoption of the Plan
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19 • To make it easy for stakeholders to contribute to the North Lanarkshire Local Development Plan. • That stakeholder’s can see how their contribution has been considered and understand the reasoning behind decisions. • To use a range of engagement methods. • To undertake engagement in line with the National Standards of Community Engagement. OUR COMMITTMENT 32. In preparing North Lanarkshire Local Development Plan we want to take a more pro-active approach to engaging with our communities. We will do this by having a coordinated approach to how we engage and promote the plan and by exploring new engagement methods. 33. We are committed to engaging with communities in line with the 10 National Standards on Community Engagement: • The INVOLVEMENT Standard We will identify and involve the people and organisations who have an interest in the Local Development Plan. • The SUPPORT Standard We will identify and overcome any barriers to involvement. • The PLANNING Standard We will gather evidence of the needs and available resources and use this to agree the purpose, scope and timescale of the engagement and the actions to be taken. • The METHODS Standard We will agree and use methods of engagement that are fit for purpose. • The WORKING TOGETHER Standard We will agree and use clear procedures that enable the participants to work with one another efficiently and effectively. • The SHARING INFORMATION Standard We will ensure that necessary information is communicated between the participants. • The WORKING WITH OTHERS Standard We will work effectively with others with an interest in engagement. • The IMPROVEMENT Standard We will develop actively the skills, knowledge and confidence of all the participants. • The FEEDBACK Standard We will feedback the results of the engagement to the wider community and agencies affected. • The MONITORING and EVALUATION Standard We will monitor and evaluate whether the engagement achieves its purposes and meets the National Standards for Community Engagement. WHO WILL WE ENGAGE? 34. We interact with a broad range of stakeholders with varying interests in terms of land use. 35. There are a number of stakeholders that we are required to engage with because they; are identified by legislation as a Key Agency,
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20 because of their geographical or strategic planning association with North Lanarkshire, are an identified community group, or simply because they may be expected to have an interest in the North Lanarkshire Local Development Plan. 36. These stakeholders include: • Key Agencies; • Public sector organisations; • Partner Organisations; • Special Interest & Representative Organisations • Community & Representative Organisations • Private Sector Organisations 37. A list of organisations under each of the stakeholder groups mentioned above is included within the North Lanarkshire Local Development Plan Stakeholder Database which is within the Participation Statement. Organisations on the North Lanarkshire Local Development Plan Consultation Database will be notified and invited to comment during formal consultation periods for the North Lanarkshire Local Development Plan. 38. In addition to the stakeholders identified above, there are a number of internal stakeholders within the Council who have an interest in or will be affected by the outcomes of the North Lanarkshire Local Development Plan. Key internal stakeholders include colleagues within Chief Executive’s Office, Corporate Services, Regeneration & Environmental Services, Finance & Customer Services, Housing & Social Work Services and Learning & Leisure Services. A full list of internal stakeholders is detailed within North Lanarkshire Local Development Plan Consultation Database which will be included within the Participation Statement. 39. Community Councils and Community Forums have an important role to play in the Local Development Plan process as statutory community representatives. We intend to engage with Community Councils and Community Forums at the early stages of producing the North Lanarkshire Local Development Plan (prior to the production of the Main Issues Report). 40. Gypsy/Travellers have a unique set of land use requirements which may need to be addressed through the North Lanarkshire Local Development Plan. In order to engage effectively with Gypsy/Travellers extra effort will be made to identify suitable engagement methods to understand the land use requirements of this group. 41. Young People require extra effort to be made to achieve effective engagement with the planning system. Young people will live with the land use planning decisions made today and developing an awareness of the planning system and how it impacts on them will hopefully lead to active citizenship as adults. We intend to engage with Young People through the use of social media and the Council’s website as well as engaging directly with Young People groups. 42. We are also committed to engaging with the broader public and a number of engagement methods will be targeted to this group. In particular we will be making extra efforts to involve anyone who would not normally engage with the planning system. HOW AND WHEN WE WILL ENGAGE 43. The focus for engagement activity will be the lead up to and consultation on the Main Issues Report which is one of the initial key stages in the plan process. After this point the purpose of engagement shifts largely to informing stakeholders and there is limited scope for stakeholders to influence the final plan. 44. The extent to which the Council can engage is constrained by limited resources. Engagement costs money and with shrinking budgets the Council needs to prioritise how resources are used for engagement. 45. The internet will be a focus for engagement activity related to the North Lanarkshire Local Development Plan as it is cost effective and
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21 many people have access to and expect information to be available on the internet. The internet will be the hub for making submissions and accessing information on the North Lanarkshire Local Development Plan throughout the process. 46. However, hard copies will still be available to read at Council offices and public libraries and submissions can still be made in writing. 47. In addition to the North Lanarkshire Local Development Plan Stakeholder Database, North Lanarkshire Council has signed up to ‘Gov Delivery’. This system allows us to reach customers in an as efficient and customer-friendly a way as possible. Gov Delivery enables interested parties who had signed up to the Strategic Planning Mailing List it replaces to receive emails updates on the progress of the Local Development Plan, as well as other aspects of the work of the Council's Planning Service. 48. The Participation Statement provides a list of all the engagement methods we intend to use, what stakeholders they are aimed at and at what stage of the process. These methods are grouped into those methods that are aimed at raising awareness and skills, and those methods which are to aid exploring the issues. 49. The Council will be using a wide range of engagement methods throughout the preparation of the North Lanarkshire Local Development Plan. The method used will be tailored according to the purpose of the consultation (e.g. inform, consult etc) and which stakeholder it is intended for (target group or general public). 50. The Participation Statement provides a record of any media activity related to the North Lanarkshire Local Development Plan. It lists any public notices, newspaper articles, blogs, newsletters or social media mention the North Lanarkshire Local Development Plan we’re aware of in relation to the North Lanarkshire Local Development Plan. 51. The Participation Statement will be updated regularly alongside the Development Plan Scheme and will be published on the Council’s website. FEEDBACK, MONITORING AND EVALUATION 52. We are committed to providing feedback about the issues that emerge from engagement, the actions taken as a result of the views expressed, and how input affected a decision. 53. We are expecting a lot of people to have their say by making a submission as part of the planning process. For example, throughout the process to prepare the North Lanarkshire Local plan we received nearly 3,000 submissions, some of which raised multiple issues. 54. With this in mind we will consider and report on each of the issues raised in every submission it will not be possible to provide an explanation in writing to each individual on how their comments have been considered as we simply don’t have the resources to do this. 55. To address this we will make sure that documents which include feedback are presented in a clear and accessible way, are easily available to the public and that, in particular, people who have made submissions know where and how access these. 56. Engaging with communities is not new for us; however, this is the first time we have prepared an engagement strategy which brings all our engagement activities together in a coordinated approach. 57. We will be focussing on regular monitoring and we therefore need to start gathering information to provide a basis for evaluation and review. 58. We will monitor and evaluate how we engage throughout the process, but in particular after the Call for Sites, Main Issues Report, Proposed Plan and at the adoption stage so that we can build on strengths and learn from aspects that don’t work so well to
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22 continually improve the engagement process throughout the preparation of the North Lanarkshire Local Development Plan. IT’S NOT A POPULARITY CONTEST! 59. Land use policies are complex. There are many different and competing interests and it is unlikely that all stakeholders will agree with each other, or the proposed solutions. 60. It is also important to note that the findings from consultation with stakeholders, although important, are only part of the evidence base upon which decisions are made. 61. It is therefore important to be clear that the outcome of engagement is not about preparing a plan that pleases the most people. It’s about ensuring that planning decisions are made taking an informed view on all, of the evidence available. 62. If a policy does not accord with a stakeholder’s view, it does not mean that his/her view has not been considered. 63. There will always be cases where differences cannot be resolved. The challenge lies in ensuring that communities are engaged in shaping the future of their area; that the basis and justification for polices, land allocations, infrastructure priorities and decisions are clear and that the trade-offs between competing and, in some cases, conflicting interests are explicit and transparent. HOW TO CONTACT US 64. If you have any questions or comments about this document or about the North Lanarkshire Local Development Plan the Development Plan Team can be contacted using the following methods: Through our website: www.northlanarkshire.gov.uk/developmentplan By email: ESNLLDP@northlan.gov.uk By mail: Development Planning Team Regeneration and Environmental Services North Lanarkshire Council Fleming House 2 Tryst Road Cumbernauld G67 1JW OTHER SOURCES OF ADVICE OR INFORMATION 65. For more information on the Scottish Planning System refer to the Planning page on the Scottish Government’s website: http://www.scotland.gov.uk/Topics/Built-Environment/planning 66. For more information on community engagement and the National Standards on Community Engagement refer to Planning Advice Note 3/2010: Community Engagement by the Scottish Government which can be downloaded from the Scottish Government website: http://www.scotland.gov.uk/Publications/2010/08/30094454/0 67. For more information on SP=EED – Successful Planning equals Effective Engagement and Delivery by Planning Aid Scotland which can be downloaded from the Planning Aid Scotland’s website: http://www.planningaidscotland.org.uk/speed