Agenda Document Pack - Economy and Infrastructure Committee - 21/10/2024
Perth and Kinross Council · 21 October 2024
Back to Economy and Infrastructure Committee — 21 October 2024 and its agenda
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 14/10/2024 A hybrid meeting of the Economy and Infrastructure Committee will be held in the Council Chamber on Monday, 21 October 2024 at 13:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Eric Drysdale (Convener) Councillor Jack Welch (Vice-Convener) Councillor Hugh Anderson Bailie Alasdair Bailey Councillor Steven Carr Councillor Stewart Donaldson Councillor John Duff Councillor Angus Forbes Councillor Ken Harvey Councillor Noah Khogali Councillor Grant Laing Bailie Claire McLaren Councillor Willie Robertson Councillor Frank Smith Councillor Colin Stewart Page 1 of 56
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Economy and Infrastructure Committee Monday, 21 October 2024 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE ECONOMY AND INFRASTRUCTURE COMMITTEE OF 28 AUGUST 2024 FOR APPROVAL (copy herewith) 5 - 8 4 OUTSTANDING BUSINESS STATEMENT (copy herewith 24/283) 9 - 10 5 PERTH AND KINROSS LOCAL DEVELOPMENT PLAN (LDP3) DEVELOPMENT PLAN SCHEME Report by Strategic Lead - Economy, Development and Planning (copy herewith 24/284) 11 - 42 6 PERTH AND KINROSS OUTDOOR ACCESS FORUM ANNUAL REPORT 2023-24 Report by Strategic Lead - Housing and Communities (copy herewith 24/285) 43 - 56 Page 3 of 56
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ECONOMY & INFRASTRUCTURE COMMITTEE Minute of hybrid meeting of the Economy and Infrastructure Committee held in the Council Chambers on Wednesday 28 August 2024 at 9:30am. Present: Bailies A Bailey and C McLaren, Councillors H Anderson, S Carr, B Brawn (Substituting for N Khogali), C Stewart, E Drysdale, J Duff, A Forbes, K Harvey, D Illingworth (Substituting for F Smith), G Laing, W Robertson, C Stewart and J Welch. In Attendance: F Crofts, Strategic Lead – Environment and Infrastructure, D Littlejohn, Strategic Lead – Economy, Development and Planning, S D’All, R Stewart, D McKeown, S Skene, H Hope, C McLaren, K Divin, K Walker (all Economy, Place and Learning); J Guild, S Hendry, A Brown and M Pasternak (all Strategy, People and Resources). Apologies for Absence: Councillors N Khogali and F Smith. Councillor E Drysdale, Convener, Presiding. 1. WELCOME AND APOLOGIES Convener welcomed everyone to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST There were no Declarations of Interests in terms of the Councillors’ Code of Conduct. 3. MINUTE OF MEETING OF ECONOMY AND INFRASTRUCTURE COMMITTEE OF 29 MAY 2024 The minute of the meeting of the Economy and Infrastructure Committee of 29 May 2024 was submitted and approved as a correct record. 4. OUTSTANDING BUSINESS STATEMENT Resolved: The status of actions in the Outstanding Business Statement (24/232) be noted and completed actions removed accordingly. 5. ROAD GULLY CLEANSING There was submitted a report by Strategic Lead – Environment and Infrastructure (24/233) (1) reporting on progress and performance on gully cleansing over the last few years, also (2) covering the gully function/disposal mechanism/cleansing/capacity/performance and costs and (3) detailing issues and barriers to achieving targets. 3 Page 5 of 56
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Resolved: (i) The content of the report in relation to the gully cleansing activity performance, the actual purpose of a road gully, how it operates and its limitations in mitigating flooding occurring, be noted. (ii) It be noted that no enhancement to the activity is recommended by officers but if any enhancement is required, then additional labour and financial resource would be required to achieve it. The Convener referred to this being the last meeting of this Committee for Stuart D’All, Road Maintenance Partnership Manager. He thanked Stuart for the contribution made to the work of this Committee over the years, for his years of service to local government and wished him well for the future. 6. PROPOSED WAITING RESTRICTIONS There was submitted a report by the Strategic Lead – Environment and Infrastructure (24/234) advising Committee of the proposed Traffic Regulation Order to introduce waiting restrictions on North Crofts in Auchterarder. Resolved: (i) The objections received, be noted. (ii) The Ward 7 Elected Members views in paragraph 4.7, be noted and the objections be set aside. (iii) The Order to promote the Waiting Restrictions on North Crofts, Green Crofts and Hannover Gardens in Auchterarder, be made. THERE FOLLOWED A SHORT RECESS AND THE COMMITTEE RECONVENED AT 10.55AM. 7. SHORT-TERM LET AREA CONTROL PROPOSAL There was submitted a report by Strategic Lead – Economy, Development and Planning (24/235) seeking approval to commence the formal statutory process to introduce a Short-term Let Control Area informed by the results of the 2023 non- statutory consultation on the principle of a Control Area, and updated research by housing experts Arneil Johnston using the Licence register of short-term lets (STLs). Motion by Councillors E Drysdale and J Welch To accept the recommendations as set out in the report. Amendment by Councillors A Forbes and J Duff Note the contents of the report but reject the recommendations and proposals to proceed. In terms of Standing Order 21, a roll call vote was taken 7 Members voted for the Motion as follows: Bailie A Bailey, Councillors S Carr, S Donaldson, E Drysdale, K Harvey, G Laing and J Welch. Page 6 of 56
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8 Members voted for the Amendment as follows: Bailie C McLaren, Councillors H Anderson, B Brawn, J Duff, A Forbes, D Illingworth, W Robertson and C Stewart. Resolved: In accordance with the Amendment. Page 7 of 56
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ECONOMY & INFRASTRUCTURE COMMITTEE OUTSTANDING BUSINESS STATEMENT (OBS) (Report No. 24/283) Please note that this statement sets out outstanding decisions of this committee along with an update and estimated completion date. Actions which are overdue are shaded for ease of reference. Where an update reflects that an action is complete then the Committee’s agreement will be sought to its removal from the OBS. No Minute Reference Subject Title Outstanding Actions Update Lead Officer /Service Action Due /Complete Action Expected 14. 1 November 2023 (EIED Committee) Item 6 Short Term Let Non- Statutory Planning Guidance A report relating to the introduction of a Short Term Let control area be brought forward in early 2024. Report submitted to Committee 28 August 2024. Strategic Lead – Economy, Development and Planning COMPLETE 28 August 2024 15. 1 November 2023 (EIED Committee) Item 8 Policy and Level of Service for Winter 2023/24 Conduct a review of the process of gully cleaning, open discussions with SEPA and representatives of the farming and land owning community and to bring any potential proposals for change back to a future committee before summer recess 2024. Report submitted to Committee 28 August 2024. Strategic Lead – Environment and Infrastructure COMPLETE 28 August 2024 16. 28 August 2024 Item 5 Road Gully Cleansing Public communications to be released to raise awareness of landowner responsibility in relation to watercourses. Preparation ongoing in conjunction with Bailie McLaren for engagement with landowners. Strategic Lead – Environment and Infrastructure ONGOING End 2024 4 Page 9 of 56
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No Minute Reference Subject Title Outstanding Actions Update Lead Officer /Service Action Due /Complete Action Expected 17. 28 August 2024 Item 5 Road Gully Cleansing Public communications to be released to raise awareness of gully cleansing process. Video in relation to Gully Cleansing has been created and released via Comms Team on PKC Website and social media channels and will be reshared over autumn/winter period. Strategic Lead – Environment and Infrastructure COMPLETE 21 October 2024 18. 28 August 2024 Item 5 Road Gully Cleansing Investigate technical feasibility of publicising gully cleansing and monitoring data, schedules and performance. Work ongoing between Roads, IT and software provider to establish viability, development time and cost involved. Strategic Lead – Environment and Infrastructure ONGOING End 2024 19. 28 August 2024 Item 5 Road Gully Cleansing Report No. 24/233 Road Gully Cleansing to be circulated to all Elected Members and Community Councils. Circulated to all Elected Members and Community Councils 28 August 2024. Democratic Services COMPLETE 21 October 2024 Page 10 of 56
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PERTH AND KINROSS COUNCIL Economy and Infrastructure Committee 21 OCTOBER 2024 PERTH AND KINROSS LOCAL DEVELOPMENT PLAN (LDP3) DEVELOPMENT PLAN SCHEME Report by Strategic Lead – Economy, Development and Planning (Report No. 24/284) 1. PURPOSE 1.1 This report seeks approval for the updated statutory Development Plan Scheme (DPS) relating to the preparation of the next Perth and Kinross Local Development Plan (LDP3). The last update was approved by the Environment, Infrastructure and Economic Development Committee on 1 November 2023 (report 23/288 refers). It was agreed that an annual progress report be submitted to committee detailing any changes to the Development Plan Scheme. 2. RECOMMENDATIONS 2.1 It is recommended that the Committee: • agrees the proposed Perth & Kinross Council Development Plan Scheme incorporating the responses to consultation on the draft Participation Statement; • authorises the Strategic Lead - Economy, Development and Planning to submit the Scheme to the Scottish Ministers; and • remits the Place Strategies Manager & Chief Planning Officer (in post from 2 December 2024) to submit an annual progress report to the Economy & Infrastructure Committee detailing any changes to the Development Plan Scheme. 3. STRUCTURE OF REPORT 3.1 This report is structured over the following sections: • Section 4: Background/Main Issues • Section 5: Proposals • Section 6: Conclusion • Appendices 4. BACKGROUND / MAIN ISSUES 4.1 A Development Plan Scheme is a document setting out a planning authority’s programme for preparing and reviewing their Local Development Plan. Within the Development Plan Scheme a participation statement is required which the 5 Page 11 of 56
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Town and Country Planning (Scotland) Act 1997, Section 20B (4) (c), sets out as ‘an account of when consultation is likely to take place and with whom and of its likely form and of the steps to be taken to involve the public at large in the stages of preparation or review.’ 4.2 The Planning Authority is required to update its Development Plan Scheme every year. The last update was approved by the Environment, Infrastructure and Economic Development Committee on 1 November 2023 (report 23/288 refers). The Development Plan Scheme update for 2024 is attached as Appendix 1. 4.3 The Development Plan Scheme sets out and explains each stage of preparing the next Local Development Plan. The first stage concerns production of the Evidence Report, and the Development Plan Scheme outlines in greater detail how the Planning Service will organise and consult upon the Evidence Report. 5. PROPOSALS 5.1 Legislation requires planning authorities to seek the views of the public at large and have regard to those views in terms of the content of the Participation Statement. A Draft of the Participation Statement 2024 was consulted on from 9th to 27th September 2024. Appendix 2 summarises the responses received and provides the proposed response to them from the Council. 5.2 A summary of the responses received to the consultation are set out below: • Comments on the list of stakeholders and people that require to be engaged with in the preparation of the next Local Development Plan; • Requests to be kept informed of Development Plan progress; • Opportunity to engage with Council at all stages of plan preparation welcomed; and • A range of other issues relating to stages of the LDP such as, comments relating to the content of the topic papers, site suggestions, comments on housing matters and site assessment methodologies 5.3 The majority of comments received relate to matters outwith the content of the Participation Statement and respondents have been advised of the appropriate stage in plan preparation to raise these issues. The responses which were relevant to the Participation Statement focused on the list of stakeholders and people that require to be engaged with in the preparation of the next Local Development Plan. These were mainly requests for groups/representative organisations to be specifically named within the Participation Statement. It is not proposed to make any changes to the Participation Statement in this regard as these groups/representative organisations fall within the broader categories of “Communities of Interest” and “Landowners and Developers” currently included within the Participation Statement. 5.4 The Town and Country Planning (Development Planning) (Scotland) Regulations 2023, Regulation 22 (2), states that if the timetable included in a Development Plan Scheme for a Local Development Plan differs from that identified within its Page 12 of 56
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previous Development Plan Scheme, the Local Authority must identify these changes and set out the reasons for them. 5.5 The November 2023 Development Plan Scheme update aimed to have the next Local Development Plan adopted by Q3 2027 (Oct-Dec 2027). It included timescales for the first stage of the process (production of the Evidence Report) which, based on experience of the amount of work involved in compiling all the necessary evidence during the intervening period, did not allow sufficient time for this important stage of plan production. 5.6 Significant progress has been made on the Evidence Report including engagement with communities in the form of the Big Place Conversation and consultation on policy themed topic papers including links to the proposed evidence to be used to inform the Evidence Report. The success of these engagement activities has been born out in the level of responses received necessitating a lengthier period than anticipated for analysis, and inclusion where appropriate, within the Evidence Report. 5.7 While engagement overall has been good there were initial difficulties engaging with Transport Scotland and NHS Tayside, both of which are key infrastructure providers whose input to the Evidence Report is vital. They are complex organisations and identifying who has the data within them has proved challenging. Recent discussions with Transport Scotland have, however, proved fruitful and led to collaborative working to ensure the required level of information expected by Scottish Government on the state of transport infrastructure in the area within the Evidence Report. 5.8 Likewise, the current position with NHS Tayside is also more encouraging in that a meeting with Senior officials has recently taken place. Several key issues were discussed including: the immediate short-term need for NHS Tayside support on the preparation of Evidence Reports in Perth & Kinross, Angus, and Dundee; the short/medium-term need to progress the Draft Protocol for joint- working on the key planning processes (LDP, Development Management, and Contributions); and the medium/longer-term need to discuss, at a corporate level, approaches to infrastructure planning and delivery in conjunction with Planning/Property and Asset Management. Moving forward a follow up meeting is to be held with relevant representatives from each Council, each HSCP and NHS Tayside to progress these issues and most importantly to ensure we have the necessary level of information for the Evidence Report. 5.9 The Evidence Report is required to highlight areas where the authority is aware through discussions, forums or exchanges that stakeholders agree or disagree with the evidence, and the reasons for this. The aim is to have minimal areas of dispute outstanding when submitting to the Scottish Ministers for the Gate Check (assessment and approval to proceed) to minimise delay. Discussions with stakeholders in this regard are currently ongoing. 5.10 In addition, decisions have been issued by the Scottish Government’s Department of Planning & Environmental Appeals (DPEA) in relation to the consideration of Evidence Reports submitted by Fife Council and Moray Council. Fife Council’s was considered insufficient and has been returned for further work and re-submission to Gate Check. Moray Council’s was considered sufficient to Page 13 of 56
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allow them to progress preparation of their Proposed Plan, however, the Reporter also highlighted further matters for them to address. It is considered prudent to take the time now to review and learn lessons from these two decisions to improve our Evidence Report before submission, rather than take the risk of having it returned for further work and re-submission. This approach is further supported by the fact that the cost for the Gate Check, circa £12,500 each for Fife and Moray, is to be paid by the Planning Authority. 5.11 Having taken account of these factors, the main change from the Development Plan Scheme 2023 is that the updated Development Plan Scheme 2024 allows approximately 6 additional months to produce the Evidence Report. However, it then aims to recover this time by shortening later stages of plan production. This means that the intended adoption date for the new Local Development Plan remains unchanged at Q3 2027 (Oct-Dec 2027). This is in line with Scottish Government expectations for all local authorities to have a new style Local Development Plan in place by May 2028. 6. CONCLUSION 6.1 The Development Plan Scheme has been drafted to update the Committee on the preparation of the new Perth and Kinross Local Development Plan. It revises the proposed timetable previously proposed in 2023 and sets out a participation statement outlining the key stages of plan preparation and when engagement is planned to take place. Author Name Designation Contact Details Brenda Murray Development Plan Team Leader (Place Strategies) (01738) 475000 EPLCommitteeReports@pkc.gov.uk Approved Name Designation Date David Littlejohn Strategic Lead - Economy, Development & Planning 11 October 2024 APPENDICES Appendix 1 - Perth & Kinross Development Plan Scheme 2024 Appendix 2 - Local Development Plan Scheme Participation Statement Consultation Responses Page 14 of 56
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ANNEX 1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION Strategic Implications Yes / None Community Plan / Single Outcome Agreement None Corporate Plan None Resource Implications Financial None Workforce None Asset Management (land, property, IST) None Assessments Equality Impact Assessment Yes Strategic Environmental Assessment Yes Sustainability (community, economic, environmental) Yes Legal and Governance None Risk None Consultation Internal No External No Communication Communications Plan None 1. Strategic Implications Community Plan/Single Outcome Agreement 1.1 This report and the attached appendix have no direct impact on the Local Outcomes Improvement Plan, although ultimately the implementation of the Local Development Plan will. Corporate Plan 1.2 This report and the attached appendix have no direct impact on the Corporate Plan, although ultimately the implementation of the Local Development Plan will particularly in relation to priorities i, iii and iv:- (i) Working in partnership with communities; (ii) Tackling poverty; (iii) Tackling climate change and supporting sustainable places; (iv) Developing a resilient, stronger, and greener local economy; (v) Enabling our children and young people to achieve their full potential; (vi) Protecting and caring for our most vulnerable people; (vii) Supporting and promoting physical and mental wellbeing. 2. Resource Implications Financial 2.1 None. Page 15 of 56
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Workforce 2.2 None. Asset Management (land, property, IT) 2.3 None. 3. Assessments Equality Impact Assessment 3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination, advance equality of opportunity, and foster good relations between equality groups. Carrying out Equality Impact Assessments for plans and policies allows the Council to demonstrate that it is meeting these duties. 3.2 The Development Plan Scheme was considered under the Council’s Integrated Appraisal Toolkit. No impacts on equality were identified and so a full Equality Impact Assessment was not required. Strategic Environmental Assessment 3.3 The Environmental Assessment (Scotland) Act 2005 places a duty on the Council to identify and assess the environmental consequences of its proposals. 3.4 The matters presented in this report were considered under the Environmental Assessment (Scotland) Act 2005 and in relation to the Local Development Plan, referred to in the Development Plan Scheme, further action is required. 3.5 Due to the nature of the plan there are likely to be significant environmental effects, as a consequence, an environmental assessment of the Local Development Plan is compulsory under the Act. The local Development Plan is considered to be a ‘qualifying’ plan under the Act so it does not require screening. 3.6 The next stage is to prepare a scoping report as part of the Local Development Plan process. This will determine the scope of the environmental assessment and will be submitted to the Consultation Authorities for comment. Sustainability 3.7 Under the provisions of the Local Government in Scotland Act 2003 the Council has to discharge its duties in a way which contributes to the achievement of sustainable development. Under the Climate Change (Scotland) Act 2009 the Council also has a duty relating to climate change and, in exercising its functions must act: Page 16 of 56
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• in the way best calculated to delivery of the Act’s emissions reduction targets; • in the way best calculated to deliver any statutory adaptation programmes; and • in a way that it considers most sustainable. 3.8 The Development Plan Scheme was considered under the Council’s Integrated Appraisal Toolkit. The Development Plan Scheme is a vehicle for establishing the LDP process and as such no impacts on sustainability will arise from the Programme itself. Legal and Governance 3.9 None. Risk 3.10 None. 4. Consultation Internal 4.1 We have consulted with colleagues in Community Planning & Policy and the Housing and Social Care Partnership in the development of the proposals and they agreed that using the Place Standard tool to engage with communities on a locality basis was appropriate. External 4.2 None. 5. Communication 5.1 None. 2. BACKGROUND PAPERS 2.1 The following background papers were referred to during the preparation of this report: Perth & Kinross Council Local Development Plan 2 Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Planning) (Scotland) Regulations 2023, Regulation 22 Page 17 of 56
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rgr PERTH & KINROSS C O U N C IL Perth and Kinross DEVELOPMENT PLAN SCHEME Draft programme for Local Development Plan 3: October 2024 5 Page 19 of 56
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Perth and Kinross draft DEVELOPMENT PLAN SCHEME October 2024 1 Development Plan Scheme The Development Plan Scheme is a statement setting out Perth & Kinross Council’s timetable for the preparation of the next development plan. Under statutory guidance, all planning authorities are required to publish annually a Development Plan Scheme. The Development Plan Scheme will set out to include: an explanation of what the Local Development Plan is; a timetable for the preparation of the next plan, Local Development Plan 3; community engagement in the planning process and how relevant stakeholders, including residents of Perth and Kinross, can get involved. OVERVIEW Page 20 of 56
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Local Development Plan The Scottish Government requires every planning authority to prepare development plans for their area. The Development Plan is at the heart of the planning system setting out policies and proposals to guide the development, management and use of land. The Plan sets out a vision and a framework for future development; addressing needs and opportunities in relation to housing, economy, infrastructure, community facilities, safeguarding and enhancing environmental and landscape assets, the emerging needs of climate change and achieving well designed places for the residents, communities and businesses of Perth and Kinross. To support the preparation of the next Local Development Plan, there are a range of other plans and strategies that interlink with the LDP. National Planning Framework (NPF) Community Plan & Corporate Plan Regional Spatial Strategy Government advice & strategies Local Housing Strategy Local Place Plans The Development Plan National Planning Framework 4 Tayside Local Biodiversity Action Plan + Local Development Plan Strategies including Forest & Woodland, Open Space, Food Growing Climate Change Strategy & Action Plan Mobility Strategy Perth City Plan Planning Guidance Perth and Kinross draft DEVELOPMENT PLAN SCHEME October 2024 2 Page 21 of 56
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National Planning Framework 4 (NPF4) LDP3 Process The Planning (Scotland) Act 2019 has introduced a number of changes to the key steps for preparing a Local Development Plan. Preparation of a new-style LDP will include: Evidence gathering and early community and stakeholder engagement leading to an Evidence Report. Submission of the Evidence Report to Scottish Ministers for an independent Gate Check. Collaborative plan preparation, leading to publication of the Proposed Plan for consultation. Submission of the Proposed Plan to Scottish Ministers for an independent examination of outstanding issues. Adoption of the Local Development Plan National Planning Framework 4 was adopted in February 2023 and forms part of the Development Plan. It covers the period from its adoption to 2045 with 10 year reviews. It is a long term strategy that plans for development and investment in infrastructure; and identifies national developments and other strategically important opportunities in Scotland. The NPF contains both spatial and thematic planning policies and sets out the national policy position for land use planning. It will be used to determine planning applications. The New Plan: LDP3 Supporting assessmentsAlongside National Planning Framework 4, the Local Development Plan (LDP3) will be the main document which will influence future built development in Perth and Kinross. As NPF4 contains planning policy, new LDPs will be place-based documents with emphasis on maps, site briefs and masterplans, with minimal policy wording. The policies and proposals within the LDP are to be focused on places and locations, while National Planning Framework 4 will provide overarching thematic policies for decision making. There are several assessments that must be undertaken to support the preparation of a new Local Development Plan. They are an integral part of the plan-making process and should inform, and be informed by, the plan as it is being prepared. These include: Strategic Environmental Assessment (SEA) Public Sector Equality Duty Assessment Fairer Scotland Duty Assessment Habitats Regulations Appraisal Perth and Kinross draft DEVELOPMENT PLAN SCHEME October 2024 3 Page 22 of 56
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LDP3 Timeline The LDP3 Timeline opposite shows the timescales for each stage of the plan making process. Key to note is the extended timescale for preparation of the Evidence Report. The previous Development Plan Scheme (November 2023) anticipated that the Evidence Report would be published by September 2024, however, it is now programmed for Q4 2025 (January - March). This is in part due to the success of the early engagement activities undertaken in the form of the Big Place Conversation and consultation on policy themed Topic Papers. These generated a significant level of responses, necessitating a lengthier period than anticipated for analysis, and inclusion where appropriate, within the Evidence Report. In addition, time has been added to review and learn from recent decisions issued by the DPEA in relation to other Planning Authorities’ Evidence Reports, and to pick up on the matters raised and make sure points relevant to our Evidence Report are addressed before submission. Whilst the period for preparing the Evidence Report has been extended by approximately six months, it then aims to recover this time by shortening later stages of plan production. This means that the intended adoption date for the new Local Development Plan remains unchanged at circa Q3 2027 (Oct-Dec 2027). The adoption date, whilst not exact, remains likely to be late 2027. Stage When Evidence Report Gather evidence 2022 – December 2024 Engage with public and groups on evidence January 2023-December 2024 Finalise and Publish Evidence Report and SEA Scoping Report March 2025 Gatecheck Examination of the Evidence Report April – June 2025* Proposed Plan Call for Ideas and Sites April – May 2025 Prepare Proposed Plan, Delivery Programme April – December 2025 Prepare Equalities Impact Assessment, Public Sector Equality Duty Assessment, Fairer Scotland Duty Assessment and Habitat Regulations Appraisal April – December 2025 Publish and consult on Proposed Plan and the SEA Report January – March 2026 Publish Equalities Impact Assessment, Public Sector Equality Duty Assessment, Fairer Scotland Duty Assessment and Habitat Regulations Appraisal alongside Proposed Plan January 2026 Assess representations. Consider any changes and progress to examination stage. April – December 2026** Table continues on next page Perth and Kinross draft DEVELOPMENT PLAN SCHEME October 2024 4 Page 23 of 56
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Perth and Kinross draft DEVELOPMENT PLAN SCHEME October 2024 5 Stage When Examination Examination of Proposed LDP3 January – June 2027** Consider Examination recommendations. Publish any changes. Resend modified Proposed LDP3 to Scottish Ministers July – September 2027** Amend SEA in light of Examination recommendations, if necessary July – September 2027** Adoption Publish and Publicise Adopted LDP3 October – December 2027 Publish SEA Post Adoption Statement Post December 2027 * This timescale is based on information from the Scottish Government and will depend on the complexity of issues in the Evidence Report. ** This timescale for this stage will depend on the number and complexity of representations received to the Proposed Plan. A detailed timeline outlining the Local Development Plan’s key stages and the types of engagement to take place is provided in the draft Participation Statement. All planning authorities have five years from the regulations coming into force to replace their current Local Development Plan with a new style Local Development Plan. This means the Council must prepare and adopt LDP3 by no later than May 2028. Development Plan Schemes must specify the numbered Quarter (Q) and the year in which the planning authority expects to publish certain elements of the Local Development Plan process. This applies to the following stages: Publish Evidence Report Q4 2025 (January - March 2025) Publish Proposed Plan Q4 2026 (January - March 2026) Send Proposed Plan to Scottish Ministers Q4 2027 (January - March 2027) Adopt LDP3 Q3 2027 (October - Dec 2027) Note: for the above, a Quarter refers to a three-month period of each financial year which runs from April to March. Quarter 1 is April to the end of June; Quarter 2 is July to the end of September; Quarter 3 is October to the end of December; and Quarter 4 is January to end of March. Page 24 of 56
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Perth and Kinross draft DEVELOPMENT PLAN SCHEME October 2024 6 Mediation The Council will work with all stakeholders to discuss any issues which could lead to potential challenges/concerns throughout the plan preparation process. One method that can be used to support this is mediation, which can help aid discussions. The preparation of the Evidence Report may provide the opportunity for concerns or disputes in the evidence base to be discussed, to explore whether a potential dispute may be resolved at this stage. Mediation may be used in the latter stages of the plan preparation when the Proposed Plan is published and subject to further representations. The Council will be open to considering any requests from stakeholders to use mediation, taking into account the potential benefits in terms of saving time and cost, and fostering better relationships going forward. This could be on an informal basis or through an independent third party Local Place Plans Local Place Plans (LPPs) offer communities the opportunity to produce a plan for their area expressing their aspirations and ambitions for future change. They focus on the community’s proposals for the development and use of land and provide a new opportunity for communities to feed into the planning system with ideas and proposals. LPPs may be registered and taken account of in LDP3. While the regulations set out the legislative process, they leave scope for different approaches to preparation and consultation of an LPP. For each LPP to be taken into account in the LDP process, an LPP Expression of Interest may be submitted at the start of its preparation, and those LPPs that are registered by 31 January 2025 will have most opportunity to be taken into account when preparing the Local Development Plan. Information and guidance have been published for community groups who are interested in producing their own LPP and communities can seek assistance from the Council and its partners. This process of support is designed to be flexible to respond to issues as they arise. Further information on LPPs can be found here: Local Place Plans - Perth & Kinross Council (www.pkc.gov.uk/localplaceplans) Page 25 of 56
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Participation Statement The Planning (Scotland) Act 2019 places an increased emphasis on up-front engagement. This means that consultation needs to be comprehensive, co- ordinated and collaborative. The Participation Statement sets out our approach to consultation and engagement associated with the review of the Perth & Kinross Local Development Plan 3 (LDP3). Our consultation commitment is set out below. Consultation Commitment Statement The LDP3 engagement and evidence building process will be: Perth and Kinross Local Development Plan review: draft participation statement October 2024 7 Relevant Discussions will be relevant to each group or stakeholder, including both settlement development and policies and the methods that are used to carry out those discussions. Inclusive To shape places that work for all we will proactively seek the views of all people, especially those with specific needs and those whose views are seldom heard; identify and overcome barriers to engagement and invest in the promotion of the benefits of engaging. Informed Discussions will be informed by evidence already available including data gathering and prior consultations to ensure contributions have a greater impact and are more efficient Co-ordinated A joined up approach with the rest of Council and Council strategies, will deliver greater efficiency, and help avoid consultation fatigue. Information fed back to other departments will also help deliver their priorities Collaborative Co-designing consultation and supporting community partners to carry out their own engagement work will ensure the greatest reach and response working Transparent Ongoing communication and feedback between the team and stakeholders, communities and partners will support better outcomes and promote acceptance of outcomes. Accessible Engagement events and materials for the general public must be accessible to all wherever possible, and tailored arrangements made where this is not possible. Page 26 of 56
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Participation Statement Who will be consulted? Everyone will have an opportunity to get involved and comment throughout the LDP3 in the various stages of plan preparation. Once the Proposed LDP3 has been published there will be limited opportunity for further engagement, so it is important to get involved during the earlier stages of the process to ensure your voice is heard. We will keep you updated on when events are happening by publicising them on our website, through Council social media accounts such as facebook, using email updates and through the DPS Participation Statement. Throughout the preparation of LDP3, our approach to engagement and consultation will be based on a collaborative approach, including (but not exclusively) representatives of the following: Community Planning Partners: Jobcentre Plus NHS Tayside Perth & Kinross Association of Voluntary Services (PKAVS) UHI Perth Police Scotland Scottish Enterprise Scottish Fire & Rescue Service Skills Development Scotland Community Development Trusts Communities of Interest Landowners and Developers Businesses and business groups Locality Partnerships Tertiary students Older people Communities wishing to prepare Local Place Plans Where not already specified, we will seek the views of representatives of the following particular groups of people: children and young people disabled people Gypsy/Travellers Community Councils Key agencies: NatureScot SEPA Scottish Water Scottish Enterprise TACTRAN NHS Tayside Historic Environment Scotland Scottish Forestry Transport Scotland Perth and Kinross Local Development Plan review: draft participation statement October 2024 8 Page 27 of 56
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Methods for Engagement The experience of preparing previous LDPs has helped us learn how to improve the way we include the public and reach a wide range of people. We are conscious that the pandemic and the cost-of-living crises have had an impact on people, which is why we are proposing to have a mix of in person and digital platform consultation and engagement events and meetings. Proposed methods for information sharing, engagement and consultation for the preparation of LDP3 may include: Press releases; Social media alerts; Information and updates on Council webpage; Directly notifying people signed up to our updates mailing list. You can sign up here developmentplan@pkc.gov.uk In person and online meetings and discussions; Drop-in sessions and engagement events using the Place Standard Tool in various locations across the council area; Engaging with under-represented groups; Notifying neighbouring properties to sites that are being considered for inclusion within the plan; Council Consultation Hub – online questionnaires Key Stages in the process for engaging The following section outlines the key stages of preparation and the actions that have been/will be undertaken. Perth and Kinross Local Development Plan review: draft participation statement October 2024 9 Page 28 of 56
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Prepare Evidence Report (commenced 2022 and ongoing through to late 2024) Identification of groups and stakeholders to be proactively engaged Early 2022 Discussion with community partners and community councils on best consultation methods Early 2022 Co-ordination with other PKC departments on delivery of engagement, including those that may not need targeting at this early stage due to recent or existing work Mid 2022 Co-ordination with other PKC departments, community councils and community development trusts to secure way forward for Local Place Plans Late 2022 Launch of online area wide place feedback platform on consultation hub December 2022 Publicity and media support for upcoming engagement activities and throughout January-August 2023 Exploration of issues of importance with communities of place and community councils through Place Standard; including tailored discussions reflecting both policies and place such as affordable housing or natural space needs January-August 2023 General opportunities for the public (including landowners and developers) for discussions on policy and place such as the online place standard or surveys on consultation hub January-August 2023 Local Place Plan invitation October 2023 Assisting Community Councils and community partners to support the delivery of inclusive engagement to support LDP work and feeding into Local Place Plans January 2023-October 2024 Targeted discussions online and in person around policy with specified communities of interest or with specific (land use) need January-December 2023 Sharing and co-ordination of information with other services and strategies including Perth People Place and Mobility Strategy Late 2023 Targeted discussions with communities of interest or need about the places they live to support the wider public consultation January-December 2023 Discussion with key agencies and PKC stakeholders on data gathered to date and future plans that may affect policies or place including capacity of education, health, water etc. Late 2023-December 2024 Evidence Report checked for compatibility with any Local Place Plans; and place-based evidence shared with communities to inform LPPs Late 2023-December 2024 Perth and Kinross Local Development Plan review: draft participation statement October 2024 10 Page 29 of 56
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Collation and Submission of Evidence Report for Gate Check (April 2025) Collation of information and analysis of data and consultation exercises to inform identification of sites at the next stage October 2023-December 2024 Collation, publication and submission of the Evidence Report February – March 2025 Perth and Kinross Local Development Plan review: draft participation statement October 2024 11 Page 30 of 56
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Collaborative Preparation of Proposed Plan (April 2025 to early 2026) Following gatecheck of the Evidence Report, should any additional consultation be required by the Reporter this will be carried out and the final Evidence Report resubmitted April-June 2025 Issue Call for Sites and Ideas April-May 2025 Local policy options relevant to each group or stakeholder discussed to find a preferred way forward or options April-December 2025 Specific policy and place ideas, including those in Local Place Plans, explored with communities and discussed with developer and landowner groups and contacts April-December 2025 Place proposals analysed (draft SEA and HRA) and comments sought from specific groups previously engaged with, community councils and public at large on preferred options April-December 2025 Policy and site preferences discussed with key agencies and PKC stakeholders April-December 2025 All consultation and evidence analysed; outstanding issues discussed with stakeholders and potential resolutions incorporated into the Proposed Plan Late 2025 Proposed Plan drafted and submitted to Council Early 2026 Perth and Kinross Local Development Plan review: draft participation statement October 2024 12 Page 31 of 56
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Perth and Kinross Local Development Plan review: draft participation statement October 2024 13 Proposed Plan Consultation (early to mid 2026) Proposed Plan is published alongside HRA and SEA and general consultation January-March 2026 Public events to publicise the Proposed Plan and invite comments January-March 2026 Evidence is shared with communities preparing Local Place Plans Early 2026 Page 32 of 56
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Examination of Proposed Plan (late 2026 to early 2027) Prepare examination papers April-December 2026 Proposed Plan with any modifications submitted to Scottish Ministers together with a Late 2026-Early 2027 summary of unresolved issues Modify Proposed Plan (mid 2027) Make requisite modifications to Proposed Plan on receipt of examination report July-September 2027 Adopt Local Development Plan (mid-late 2027) Publish adopted Local Development Plan October-December 2027 Publish post-adoption statement Post-December 2027 Adopt and publish the Delivery Programme Post-December 2027 Perth and Kinross Local Development Plan review: draft participation statement October 2024 14 Page 33 of 56
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If you or someone you know would like a copy of this document in another language or format, (on occasion, only a summary of the document will be provided in translation), this can be arranged by contacting the Customer Service Centre on 01738 475000. You can also send us a text message on 07824 498145. All Council Services can offer a telephone translation facility. For key updates on the preparation of LDP3 please email developmentplan@pkc.gov.uk and ask to be added onto our database. (PKC Design Team - 2020167) www.pkc.gov.uk Page 34 of 56
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APPENDIX 2 CONSULTATION RESPONSE Local Development Plan Scheme Participation Statement Consulted: 9 - 27 September 2023 Development Plans Team Officer: Brenda Murray Received From Comment Summary PKC Officer Response Change Made to DPS Private Individual Request for Perth Community Flood Aid to be included in the list of consultee organisations in the Participation Statement. Perth Community Flood Aid along with a wide variety of groups, fall into the category of “Communities of interest” referred to in the Participation Statement. The Group contact details have been added to our LDP mailing list which is used to inform interested parties about LDP updates, engagement events and consultations. To reach a wider audience, the Council website, digital channels and social media will be used to promote opportunities and encourage everyone to get involved. No change to Participation Statement. Private Individual Request for “Tenants” to be included in the list of consultee organisations in the Participation Statement. Tenants along with a wide variety of groups, fall into the category of “Communities of interest” referred to in the Participation Statement. The contact details for Tenants and Residents Associations have been added to our LDP mailing list which is used to inform interested parties about LDP updates, engagement events and consultations. In addition, to reach a wider audience, the Council website, digital channels and social media will be used to promote opportunities and encourage everyone to get involved. No change to Participation Statement. 5 Page 35 of 56
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Received From Comment Summary PKC Officer Response Change Made to DPS Private Individual Request for no more developments in Auchterarder. Comment refers to matters out with the content of the Participation Statement which cannot be addressed through this consultation. No change to Participation Statement. Private Individual Consultation with the community regarding development plans is vital, but only if their views can instigate change. Community views expressed on planning application 23/01941/AMM, request for views to be taken into account when making planning decisions. The Participation Statement relates to the engagement which will be undertaken in the preparation of the next Local Development Plan i.e LDP3 and all comments gathered will be given due consideration when preparing that Plan. Community views are an important part of the evidence that will inform LDP3 alongside other considerations such as housing need, environmental, social and economic factors, and the policy framework set out at a national level. The example highlighted relates to the adopted LDP2 and a live planning application being progressed through the development management decision making process on which the Participation statement has no bearing. No change to Participation Statement. Network Rail Both the Development Plan Scheme and the Draft Participation Statement are very helpful. Network Rail welcomes the opportunity to engage with the council at all stages of LDP3 preparation and delivery, particularly during the Evidence Report preparation currently underway. Network Rail is keen to discuss and contribute to your evidence base in terms of rail infrastructure. Namely, this would relate to Comments and desire to be further engaged at all stages of LDP preparation noted. No change to Participation Statement. Page 36 of 56
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Received From Comment Summary PKC Officer Response Change Made to DPS network capacity and condition in relation to your Spatial Strategy. Opportunities for the introduction or improvement of Active Travel to/from stations and the emerging Infrastructure Levy, and how this would interface with emerging LDPs, are also important topics Network Rail is keen to discuss further. Scott Hobbs Planning Site suggestion for inclusion within LDP3 Comment refers to matters out with the content of the Participation Statement and are more applicable and relevant to the proposed plan stage of the LDP process. Advised respondent to submit suggestion at “Call for Ideas and Sites” stage of Plan preparation. No change to Participation Statement. Private Individual View’s given on future development in the village of Crook of Devon. Comment refers to matters out with the content of the Participation Statement and are more applicable and relevant to the proposed plan stage of the LDP process. Advised respondent to submit ideas at “Call for Ideas and Sites” stage of Plan preparation. No change to Participation Statement. Private Individual The Statement is very clear and comprehensive. Supportive comments. No change to the Participation Statement. Private Individual The Participation Statement looks good and the commitment to an inclusive approach and providing ‘everyone’ with an opportunity to have their say is encouraging. Supportive comments. No change to the Participation Statement. Page 37 of 56
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Received From Comment Summary PKC Officer Response Change Made to DPS Homes for Scotland Given the importance of home building across all tenures to the social and economic success of Perth & Kinross, it is vital that a home builder representative is defined as such. We would also like to see a reference in the Participation Statement to what other local authorities have termed “expert groups”. These will be stakeholders with key expert knowledge in an industry. HFS can act as this stakeholder for the home building industry. It is positive that the Evidence Report Preparation stage of the Development Plan Scheme (DPS) sets out that the Council will seek views on the gathered data from key agencies. HFS request to be engaged in both contributing information to the Evidence Report, and the review of this evidence base. During the Evidence Report stage, we would like to see more information on how the engagement of key stakeholders will take place, and who the Council considers would have a key role in the meeting of the legislative requirements of the Evidence Report. HFS should be identified as a key agency. It is recognised that HFS represents a large part of the Home Building industry and that it is an important contributor to the preparation of LDP3, along with numerous other representative organisations. The Participation Statement states that “Throughout the preparation of LDP3, our approach to engagement and consultation will be based on a collaborative approach, including (but not exclusively) representatives of … Landowners and Developers”. HFS falls within this category and have been invited to engage in the Topic Paper consultation both in terms of suggesting additional evidence and in reviewing the proposed evidence base. HFS has submitted comments and these are being given due consideration in preparing the Evidence Report. The Participation Statement sets out information on how the engagement of all stakeholders will take place on pages 9 to 13 of the DPS and is considered to contain sufficient information in this regard. There is no statutory requirement for the Participation Statement to set out who the Council considers would have a role to play in meeting the legislative requirements of the Evidence Report. The Council would refer the respondent to Regulation 25 of The Town and Country Planning (Development Planning) No change to Participation Statement. No change to Participation Statement Page 38 of 56
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Received From Comment Summary PKC Officer Response Change Made to DPS HFS is keen to build on the engagement we’ve had with Perth & Kinross Council. This should continue to take the form of, ideally, in-person meetings between HFS and its members and the ability for two-way communication between us and the council in the form of phone calls and emails, as appropriate. It is positive that during the Proposed Plan Preparation period a ‘Call for Sites and Ideas’ survey will be issued. The Local development planning guidance (2023) states that the DPS must include proposed timings for various stages of LDP plan preparation, by specifying the proposed year and quarter. However, we note that the DPS draft document does not appear to contain this information. Establishing a coherent Site Assessment Methodology will require significant continued engagement with HFS and our members. (Scotland) Regulations 2023, which sets out the bodies specified as key agencies. Agreed Support for Call for sites stage noted Consultation was on the Participation section of the DPS only. This information is included within the full document. The views of the respondent are noted. However, the site assessment methodology is not for the Development Plan Scheme and Participation Statement to address and is part of the Evidence Report and the Gatecheck processes. No change to Participation Statement No change to Participation Statement No change to Participation Statement Page 39 of 56
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Received From Comment Summary PKC Officer Response Change Made to DPS To adapt the Housing Need and Demand Assessment (HNDA) figure into a Local Housing Land Requirement (LHLR) figure will also require significant ongoing engagement with HFS and our membership. There must be open and transparent dialogue on setting the LHLR including which other factors should be considered in order that the LHLR exceeds the MATHLR as required by NPF4. The current HNDA process and toolkit are fundamentally flawed and significantly underestimate the true need and demand for housing. The comments of the respondent are noted; however, the purpose of the Development Plan Scheme and Participation Statement is to set out the timeframe for production of the next Local Development Plan, the stages involved in that, and how people can be involved in the LDP preparation. The Council has been engaging with the development industry (including house builders and infrastructure providers) during preparation of the Evidence Report to ensure the evidence base we have is as robust as possible. However, there is no requirement to detail every process involved in gathering information for housing in the Development Plan Scheme and Participation Statement document, these will be discussed when and if necessary, with relevant parties. No change to Participation Statement Cardross Asset Management Ltd There needs to be recognition that pivotal Gate Check Reports for LDP3 require an integrated approach from stakeholders. For example, Strategic Flood Risk Assessments are required for the PKC area. These will involve PKC, SEPA, Scottish Water and affected landowners so there must be a prescriptive and inclusive approach. This is of critical importance for Inveralmond Industrial Estate (including LDP development site E38), where PKC is required to advance flood protection measures. The Strategic Flood Risk Assessments (SFRA) purpose is to inform the development planning process, and gather evidence, primarily to avoid increasing overall flood risk, and avoid development within NPF4 ‘at risk’ areas. The draft SFRA was consulted on as part of the Flood Risk and Water Environment Topic Paper which ran 8 Jul till 18 Aug 2024. This draft was prepared by the planning authority in consultation with Scottish Environment Protection Agency (SEPA). The SFRA guidance prepared by SEPA suggests, ’input from colleagues with expertise in flooding, planning, mapping, building standards and from other organisations such No change to Participation Statement Page 40 of 56
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Received From Comment Summary PKC Officer Response Change Made to DPS Utility capacity constraints require an integrated approach from SSE, SGN, Scottish Water, and Scot Gov, as consented BESS developments are removing kVA capacity for allocated LDP infrastructure sites. It is noted with concern that PKC appears to be using the 2022 Ryden Report re demand & supply analysis for Classes 4, 5 & 6. This report is nearly 2 years out of date and must be updated. There must be up to date and robust assessment of "effectiveness" of existing LDP sites. For example, Perth West requires delivery of a substantial road junction, and there is no certainty that this junction can be provided via City Deal. There appears to be an inference that for Classes 4, 5 & 6 development that LDP3 site allocation should broadly reflect the as Scottish Water and Scottish Canals may be needed prior to finalising it.’ There is no particular benefit or need to involve landowners when preparing the SFRA, however, it will be important to engage with landowners and developers, at Call for Sites and Ideas stage. The remaining comments of the respondent are noted, however, they refer to matters out with the Participation Scheme. They relate to the content of the topic papers and will be considered in the preparation of the Evidence Report. The purpose of the Development Plan Scheme and Participation Statement is to set out the timeframe for production of the next Local Development Plan, the stages involved in that, and how people can be involved in the LDP preparation. No change to Participation Statement Page 41 of 56
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Received From Comment Summary PKC Officer Response Change Made to DPS settlement hierarchy within PKC, and further that "mixed use" development should be encouraged. This is in our view completely flawed, as particularly major Class 6 developments are likely to have 24/7 operations so require some separation from existing residential conurbations. So substantial Class 6 development at strategic transport junctions but in smaller settlements should also be supported within LDP 3. Fossoway Community Council Request that local primary and high schools in the Fossoway area are included in the LDP preparation process. Request for Fossoway Community Development Trust to be included in future emails. The Participation Statement states that we will seek the views of children and young people. Initial engagement has been undertaken across the 5 to 25 year age group through involvement of schools and various youth organisations. Place Standard events were held in both Fossoway Primary School and Kinross High School to gather pupils views about what they like in their area and what could be improved. We will continue to keep the schools informed and engaged during the various stages of plan preparation. Fossoway Community Development Trust have been added to the LDP mailing list. Page 42 of 56
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PERTH AND KINROSS COUNCIL Economy & Infrastructure Committee 21 October 2024 PERTH AND KINROSS OUTDOOR ACCESS FORUM ANNUAL REPORT 2023-24 Report by Strategic Lead – Housing & Communities (Report No. 24/285) 1. PURPOSE 1.1 This report summarises the activities and progress of the Perth and Kinross Outdoor Access Forum over the last year and recommends the appointment of one new member to the Forum. 2. RECOMMENDATIONS 2.1 It is recommended that the Committee: • confirms the appointment of one new member for a period of four years • notes that the remaining members are retained in their appointments for at least a further year as set out in Appendix 1 • delegates to the Strategic Lead (Housing & Communities) the fulfilment of any casual vacancy arising in this period through recruitment by Forum members, as detailed within the Forum’s Terms of Reference • notes the contribution of two retiring members - thanking them for their service, the activities and progress of the Forum since November 2023, and the ongoing commitment to maximise effective partnership working to make the best of the exceptional landscapes, paths networks and access rights for all within Perth & Kinross. 3. STRUCTURE OF REPORT 3.1 This report is structured over the following sections: • Section 4: Background • Section 5: Proposals • Section 6: Conclusion • Appendices 4. BACKGROUND / MAIN ISSUES 4.1 This report follows on from the previous report (Report No. 23/293 refers) to the Environment, Infrastructure and Economic Development Committee on 1 November 2023. 4.2 Part 1 of the Land Reform (Scotland) Act 2003 requires local authorities to set up at least one local Access Forum and to appoint members to it. The Act 6 Page 43 of 56
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states that the functions of a Forum are to advise the local authority and any other person or body consulting the forum on matters having to do with: • the exercise of access rights • the existence and delineation of rights of way • the drawing up and adoption of a plan for a system of core paths • the offer of assistance in disputes about access rights etc. 4.3 The Perth and Kinross Outdoor Access Forum (the Forum) was established in 2004 and their statutory role is as advisors to the Council and others on public access matters. Whilst the main service contact is with Community Greenspace, the Forum are able to work directly with other services covering legal, planning and infrastructure projects, on matters relevant to them. As such, occasionally there can be issues the Council may not be able to agree with the Forum on, or fully meet their expectations. Key topics the Forum have been advising the Council on over the last year include developments at Taymouth Castle, Gleneagles West, Bertha Park, Murrayshall Golf Driving Range, Blairgowrie West and the Cross Tay Link Road. 4.4 The Forum has capacity for sixteen members. Twelve members are voluntary and represent the interests of landowners/managers, the community and recreation equally. These members are elected at an open Forum meeting and their appointments confirmed by the Economy & Infrastructure Committee. The remaining members represent agencies and other bodies and are invited onto the Forum by the Council. The list of members and the prospective member is shown in Appendix 1. 4.5 Four ordinary meetings took place over the last year including the Annual General Meeting (AGM) and open meeting on 16 May 2024 at the North Inch Community Campus and online. In each group category, members stood down to vacate seats for the election but were re-elected to their positions. This is subject to the approval of the Environment, Infrastructure and Economic Development Committee: • In the Recreation Group, Anne Macintyre stood down and Colin Young was elected in her place. • No changes were made in the Communities Group, • No changes were made in the Land Manager’s Group, • In the Agencies and Other Bodies Group, Keith Robertson stood down. 4.6 Anne Macintyre has served on the Forum since 2019. Anne’s local knowledge of Kinross-shire, practical experience with the Portmoak Paths Group and contribution to the work of the Forestry Sub-Group was particularly valuable. 4.7 Keith Robertson was nominated by the Centre for Inclusive Living and served on the Forum since 2021. He brought a wealth of experience from the voluntary sector, expertise on equalities, and also contributed to the work of the obstructions and the forestry sub-groups. Page 44 of 56
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4.8 As it stands, the Forum is carrying a vacancy for a land manager and two vacancies for the Agencies and Other Bodies Group. Officers are working with the Forum to identify suitable replacements. The Forum will fill any casual vacancies which may arise as per their Terms of Reference 4.9 The Forum has a long established ‘Exemptions and Obstructions’ subgroup which met on four occasions to assist officers in Community Greenspace to prioritise and try to resolve 140 obstructions to public access in that period. They have also been involved in developing the prioritisation criteria and reviewing the process used for dealing with obstructions. In 2021 the Forum also established a subgroup to respond to consultations on forestry proposals. New forestry, associated deer fencing and timber operations can have significant impacts on public access. During 2023-24 the Forum responded to several such consultations and engaged positively both with the forestry companies and Scottish Forestry to achieve better outcomes. 4.10 In July 2024, the Scottish Government wrote to Perth & Kinross Council, directing the Council to review the Core Paths Plan in relation to private level crossings. The implications of this are currently being assessed and the Forum have been made aware of the letter as they may wish to be involved in the review, and because they would be a consultee on any consequential changes which might be made. 4.11 Since 2016, administrative support for the Forum was withdrawn by Corporate Services to meet savings targets then. Whilst the Community Greenspace Service has also seen significant savings and a restructuring over previous years, officers have done their best to cover areas such as provision of meeting venues, administrative support for those meetings, mileage and out of pocket expenses such as printing. With further reductions to Community Greenspace budgets over the last two years, this is significantly impacting on the time available for staff to focus on access issues, including upholding access rights, supporting 18 volunteer paths groups, taking forward key access projects and taking forward the Core Paths Plan review. 4.12 This is of increasing concern to the Forum and they are suggesting a budget of several thousands of pounds is required for them to cover mileage expenses and any administrative support the Council is unable to provide. There is no specific budget currently set for this so limited and reducing administrative support is provided by greenspace staff and expenses, where requested, are funded through the recently reduced Community Greenspace budget for supporting volunteers. Coincidentally, a national review of the role of Local Access Forums (LAFs) in the form of a draft Guide to Good Practice, is currently underway through NatureScot. Initial observations would be that the activities being suggested for LAFs will require substantially more resources to support them than are currently available. In the meantime, discussions will continue to be held with the Forum to try and agree a protocol on how to best to use Council officer and Forum volunteer time within the limited resources available. Page 45 of 56
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5. PROPOSALS 5.1 It is proposed that the appointment noted above and detailed Appendix 1 is confirmed and that any casual vacancy arising is filled by the Forum as detailed in its Terms of Reference. 5.2 It is also proposed to continue to seek ways to work with the Forum to maximise the effective use of our collective resources. This will include responding to the NatureScot draft Guide to Good Practice. 6. CONCLUSION 6.1 The Council’s Community Greenspace service manages the statutory functions in relation to the Land Reform (Scotland) Act 2003 and values the partnership relationship with the Forum and the advice it has to offer. There is a wide range of activities undertaken in relation to the management of core paths and access rights more generally. Opportunities to involve the Forum in these, with their agreement, will continue to be sought. This will help to make the best of the exceptional landscapes, paths networks and access rights for all within Perth & Kinross. Authors Name Designation Contact Details Dave Stubbs Andy Clegg Greenspace Coordinator – Communities Community Greenspace Manager (01738) 475000 EPLCommitteeReports@pkc.gov.uk Approved Name Designation Date Elaine Ritchie Strategic Lead (Housing & Communities) 7 October 2024 APPENDICES Appendix 1 – Candidate for Appointment to the Forum Page 46 of 56
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ANNEX 1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION Strategic Implications Yes / None Community Plan / Single Outcome Agreement Yes Corporate Plan Yes Resource Implications Financial No Workforce No Asset Management (land, property, IST) No Assessments Equality Impact Assessment Yes Strategic Environmental Assessment Yes Sustainability (community, economic, environmental) Yes Legal and Governance No Risk Yes Consultation Internal Yes External Yes Communication Communications Plan Yes 1. Strategic Implications Community Plan/Single Outcome Agreement 1.1 This report supports one of the priorities within the Community Plan 2022-27. (ii) Mental and physical wellbeing Corporate Plan 1.2 This report supports the objectives within the Corporate Plan 2022/23 to 2027/28:- (ii) People and businesses are increasingly able to prosper in a local economy which support low carbon ambitions and offers opportunities for all; (iii) People can achieve their best physical and mental health and have access to quality care and support when they need it; (iv) Communities are resilient and physically, digital and socially connected; (v) Perth and Kinross is a safe and vibrant place, mitigating the impact of climate and environmental change for this and future generations. Page 47 of 56
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2. Resource Implications Financial 2.1 There are no resource implications arising directly from the recommendations in this report. However, the level of financial support for Forum activities will reduce in line with budget savings. Workforce 2.2 The reduction in staff capacity will mean less support for the Forum and outdoor access activities more generally. Asset Management (land, property, IT) 2.3 There are no direct asset management issues with this report although the Forum is a key organisation in assisting the Council with the management of Core Paths and Rights of Way networks. 2.4 There are no information technology implications arising from this report. 3. Assessments 3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination, advance equality of opportunity, and foster good relations between equality groups. Carrying out Equality Impact Assessments for plans and policies allows the Council to demonstrate that it is meeting these duties. The Equality Impact Assessment undertaken in relation to this report can be viewed clicking here. The proposals have been considered under the Corporate Equalities Impact Assessment process (EqIA) with the following outcome: (i) Assessed as not relevant for the purposes of EqIA Strategic Environmental Assessment 3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the Council to identify and assess the environmental consequences of its proposals. The proposals have been considered under the Act and no further action is required as it does not qualify as a PPS as defined by the Act and is therefore exempt. Sustainability 3.3 Under the provisions of the Local Government in Scotland Act 2003 the Council has to discharge its duties in a way which contributes to the achievement of sustainable development. Under the Climate Change (Scotland) Act 2009 the Council also has a duty relating to climate change and, in exercising its functions must act: Page 48 of 56
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• in the way best calculated to delivery of the Act’s emissions reduction targets; • in the way best calculated to deliver any statutory adaptation programmes; and • in a way that it considers most sustainable. 3.4 There are no direct impacts on sustainable development as a result of these proposals but securing the public access to the great outdoors contributes to the economic, social and environmental well-being of the area. Legal and Governance 3.5 There are no legal implications from this report. Risk 3.6 The reduction in resources available to support the Forum present a risk to the level of advice they may be able to provide. It is also becoming increasingly difficult for the Forum to recruit and retain volunteers. 4. Consultation Internal 4.1 The Strategic Lead for Legal and Governance has been consulted on the content of this report. External 4.2 The Perth and Kinross Outdoor Access Forum has been consulted on the proposals and in the preparation of the report. 5. Communication 5.1 There are established regular meetings and communications between the Council and Perth and Kinross Outdoor Access Forum. 2. BACKGROUND PAPERS 2.1 No background papers have been relied on in preparing the report, other than those committee reports already referenced within the main body of the report. Page 49 of 56
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APPENDIX 1 CANDIDATE FOR APPOINTMENT TO THE FORUM Member elected on 16 May 2024 and recommended for immediate appointment. Recreation Group Name Organisation/ Interest Geographical knowledge/ home area Notes/ profession Colin Young Elected 2024 (subject to confirmation by this committee) Dunning Community Council and Dunning Community Trust Perth and Strathearn Broad outdoor and community interests. 6 Page 51 of 56
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The following tables list current members who will continue in their roles on the Forum and are not up for re-appointment this year Recreation Group Name Organisation/ Interest Geographical knowledge/ home area Notes/ profession Mary Conacher Member since 2004 Re-elected 2022 Scottish Canoe Association (SCA), Women’s Rural Institute, Royal Tay Yacht Club Highland/Alyth Former SCA Access volunteer/retired watersports instructor Karen Inkster Member since 2017 Re-elected 2021 British Horse Society, Scottish Rights of Way and Access Society (Scotways) Perth Area 20 + years in the outdoor industry. Hillwalker, climber, horse rider and mountain biker. John Andrews Member since 2009 Re-elected 2021 Ramblers, Scotways, Scottish Wildlife Trust, Luncarty Redgorton & Moneydie Community Council, National Trust for Scotland Perth Area/Luncarty Former member of County Access Liaison Committee – retired. Page 52 of 56
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Community Group Name Organisation/ Interest Geographical Knowledge/ home area Notes/Profession Nick Cole Member since 2004 Re-elected 2021 Strathmore and the Glens Rural Partnership. Meigle Community Trust. Next Steps & Stride for Life Walking Groups. Highland & Lowlands/ Meigle Electronic Systems Engineer is now a private consultant & runs an outdoor training business. Involved in local groups inc. Blairgowrie & Rattray Access Network & the Blairgowrie & District Next Steps walking group. He also represents Local Access Forums on the National Access Forum. Jennifer Herd Member since 2015 Re-elected 2023 Member of British Horse Society, Strathearn Rural + Riders Access Group Highland and East Perthshire. Perth area Broad experience particularly in negotiating equestrian access and representing the interests of horse riders. She is also a keen mountain biker and walker. Joyce Carnegie Elected 2022 Comrie Millennium Footpath Association Strathearn Wide range of community interests inc SWI. Farming background. Sarah Walker Co-opted 2021 Kinglands Hall, Soroptimist International, Cornhill MacMillan, British Horse Society & ByCycle Perth area 25 years local knowledge through work with a variety of voluntary organisations. Page 53 of 56
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Landowner/Manager Group Name Organisation/ Interest Geographical Knowledge/ home area Notes/Profession Councillor Hugh Anderson Member since 2004 Re-elected 2022 Scottish Rights of Way & Access Society. Perth & Surrounding area/Scone Land & River Management. Retired Estate Factor. Newly elected Councillor (2022) Sandy Simpson Member since 2005 Re-elected 2023 Royal Highland Educational Trust, Rural Services Scotland, Perth and Kinross Agricultural Forum Perth Area Farm Manager Interested in all environmental issues. Mark Thomson Elected 2022 National Farmer’s Union, Scotland (former chair West Fife & Kinross) Kinross Farmer Woodland, arable & livestock Vacant Page 54 of 56
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Agencies & Other Bodies These members are not elected but have been invited to sit on the Forum by the Council. Officers will work with the Forum to identify suitable candidates to fill the two remaining places. Member Represents Job Title Office Base/other interests Councillor John Duff Appointed 2022 Perth & Kinross Council Councillor Ward 4 Highland Ward Councillor. Leader of the opposition. Retired Police Superintendent. Mike Strachan Member since 2007 Scottish Forestry Operations Manager Scottish Forestry, Upper Battleby. Extensive forestry experience and involvement in Big Tree Country Vacant Vacant Page 55 of 56
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