Appendix G - Policy Review
Perth and Kinross Council · 5 March 2025
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Perth and Kinross LDP3 2027 Draft Evidence Report Appendix G LDP٢ Policy Review March 2025
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1 Review of LDP2 Policies National Planning Framework 4 (NPF4) now forms part of the statutory development plan across Scotland, along with the current local development plan (LDP). In the event of incompatibility between a provision of NPF4 and an LDP, whichever is the later in date will prevail. This means that until a new LDP3 is in place, NPF4 will take priority in instances of conflicting policy. In reviewing the LDP2 policies, it is therefore important to consider: • How they relate to NPF4 • How they are working in practice in the planning application decision making process • Whether a local policy is likely to be needed in LDP3 to help implement NPF4 In assessing how LDP2 policies relate to NPF4, this review table notes • the degree to which each LDP2 policy is compatible with NPF4 • whether/how LDP2 policies are being used in decision making process after NPF4 was adopted • whether NPF4 policy is likely to need supported by extra detail in a local policy in LDP3 • for the new NPF4 policy areas which don’t have a directly corresponding LDP2 policy, whether LDP3 will likely need to provide additional policy content to support them This assessment table provides an initial indication of the likely need for a local policy in LDP3, however through engagement and other review processes, that opinion may change. LDP3 could challenge the NPF4 position, as the latest Development Plan will take priority, however this approach would only be taken with due care and consideration, so as not to unnecessarily undermine national consistency. The following table reviews LDP2 policies, and the new NPF4 policies, and sets out our initial thoughts on where LDP3 will likely need to provide local policy to support NPF4.
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2 *1 Where LDP2 policy is incompatible with NPF4, a local policy in LDP3 is unlikely to be needed/appropriate. *2 Where it is particularly uncertain whether a local policy is likely to be required in LDP3, and further work will clarify the position *3 Where LDP2 provides additional guidance, where policy will support future LDP3 spatial content, where NPF4 does not fully clarify the approach and identifies issues which would benefit from further guidance, there is likely to be a need for a local policy in LDP3. LDP Policy Reference NPF4 Policy Assessment Review assessment LDP2 policy reference LDP2 policies that are fully compatible with NPF4, and it adds nothing extra when compared to NPF4 There is unlikely to be a need for a local policy in LDP3*1 LDP2 policy reference LDP2 policy has some policy text within it that is considered incompatible and/or it adds further detail compared to NPF4 There may be a need for a local policy in LDP3*2 LDP2 policy reference LDP2 policies that are fully incompatible with NPF4 There is likely to be need for a local policy in LDP3*3 LDP2 policy reference No NPF4 policy, a local specific policy, or a policy topic area that is not provided in NPF4 New NPF4 policy New NPF4 policy and no directly corresponding LDP2 policy exists (but references any LDP policies that partially overlap with this new policy)
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3 LDP Policy Reference NPF4 Policy Assessment Review Assessment LDP2: Policy 1 Placemaking This LDP policy is compatible and links to various NPF4 policies (Policy 2 Climate Mitigation and Adaption, Policy 14 Design, Quality & Place) however the LDP2 policy and associated Supplementary Guidance adds detail in some areas when compared to NPF4 policy 14. Still used in decision making and helps clarify NPF4 implementation. Likely to be a need for a local policy in LDP3. LDP2: Policy 2: Design Statements This LDP policy is compatible and links to a number of policies within NPF4. Unlikely to be a need for a local policy in LDP3. This policy is not used anymore and is covered by Circular 22 Development Management procedures. LDP2: Policy 3 Perth City A local specific aim/objective This is an aim/objective to work together with landowners in certain circumstances rather than a policy which is used to assess planning applications. A policy like this is not likely to be required in LDP3. LDP2: Policy 4 Perth City Transport and Active Travel A local specific aim/objective This is an aim/objective to improve PT and active travel rather than a policy which is used to assess planning applications. A policy like this is not likely to be required in LDP3. LDP2: Policy 5 Infrastructure Contributions This LDP policy is compatible and links to NPF4 Policy 18: Infrastructure First, however the LDP2 policy adds local detail of how to apply the policy approach outlined in NPF4 Policy 18. Policy text is largely compatible but NPF4 is focused on the delivery of infrastructure, whereas this is PKC’s policy for contributions. Still used in decision making and helps clarify NPF4 implementation. Likely to be a need for a local policy in LDP3. LDP2 Policy 6: Settlement Boundaries LDP2 only allows development adjoining boundaries in limited circumstances whereas NPF4 policy 9 allows all sustainable use of brownfield land which could be edge of settlement. Still used in decision making and helps clarify NPF4 implementation. There is likely to be a need for a local policy in LDP3.
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4 LDP Policy Reference NPF4 Policy Assessment Review Assessment LDP2 Policy 7: Employment and Mixed-Use Areas Policy 7 is considered compatible and provides detail on the primary function test of NPF4 Policy 26. It clarifies different types of employment land, general where there is more flexibility, and core where there is more restriction on acceptable uses. Still used in decision making and helps clarify NPF4 implementation. There is likely to be a need for a local policy in LDP3. LDP2 Policy 8: Rural Business and Diversification Provides some additional detail but also some potential incompatibility between LDP2 Policy 8 and NPF4 Policy 15 Local Living and 20 Minute Neighbourhoods and Policy 29: Rural Development. Still used in decision making and helps clarify NPF4 implementation. There is likely to be a need for a local policy in LDP3. LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments LDP policy 9 adds some detail to NPF policy 30, but also some potential incompatibility between them. Still used in decision making and helps clarify NPF4 implementation. There is likely to be a need for a local policy in LDP3. LDP2 Policy 10: Policy 10: City, Town and Neighbourhood Centres NPF4 Policies 27 and 28 together replace Policy 10: City, Town and Neighbourhood Centres of the LDP. Not a well-used policy and NPF4 has possibly removed its purpose. A local policy is not likely to be needed in LDP3. LDP2 Policy 11: Perth City Centre Secondary Uses Area NPF4 Policies 27 and 28 together replace Policy 11: Perth City Centre Secondary Uses Area Not a well-used policy and NPF4 has possibly removed its purpose. A local policy is not likely to be needed in LDP3. LDP2 Policy 12: Commercial Centres and Retail Controls Policy 12 is compatible with NPF4 Policy 28 Retail. Policy 12 provides more detailed policy on Commercial centres and appears to be compatible with NPF4. Seldom used policy, but has a purpose, and is important when it is relevant. There is likely to be a need for a local policy in LDP3. LDP2 Policy 13: Retail and Commercial Leisure Proposals The sequential test of LDP 13 for retail uses has been replaced by a much stricter approach for retail in NPF4 Policy 28. There is also some the additional detail within this existing LDP policy that does not conflict with NPF4. Current policy is not well used as it has mostly been replaced by NPF4, however there is still likely to be a need for a local LDP3 policy which confirms a hierarchy of centres, identifies a threshold for when a retail impact assessment is required, considers what constitutes edge of centre, and defines what neighbourhood retail scale means. Also, some of the
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5 LDP Policy Reference NPF4 Policy Assessment Review Assessment additional detail of this existing LDP2 policy detail which does not conflict with NPF3 could be considered within a LDP3 policy. LDP2 14: Open Space Retention and Provision (part) Some overlaps but also some potential conflict since open space falls under the umbrella term of blue-green infrastructure in NPF4 and LDP2 Policy 14 prohibits development on designated open space unless it meets the four specific criteria. Local policy may be needed in relation to open space protection dependent upon review of how NPF4 Policy 20 and 21 is implemented, as well as wider spatial strategy implications. NPF4 does not currently address open space for landscape/amenity reasons, only referring to whether there is a green infrastructure deficit. Relying on NPF4 alone could mean many of our current open spaces would be up for grabs. LDP2 Policy 15: Public Access No corresponding NPF4 policy, although there is some overlap with NPF4 policy 13, but policy 13 only refers to long distance routes. Still used, and likely to be a need for a LDP3 policy which addresses wider public access considerations. LDP2 Policy 16: Social, Cultural and Community Facilities LDP policy provides some additional detail compared to NPF4 policies 9, 16, Seldom used, but when applicable, it does add some additional detail, and a local policy may be needed in LDP3. LDP2 Policy 17: Residential Areas LDP2 policy is compatible with NPF4 Policies 14, 15 & 23 but perhaps goes further in terms of tests applied. Still used, and likely to be a need for a local LDP3 policy. LDP2 Policy 18: Pubs and Clubs LDP2 policy is compatible with NPF4 Policy 27 and provides additional detail. Still useful, and likely to be a need for a local LDP3 policy. LDP2 Policy 19: Housing in the Countryside This LDP policy is mostly compatible with NPF4 Policy 17 however some parts are probably superseded by NPF4 and in other places the LDP2 policy and associated SG provides additional supportive detail when compared to NPF4 policy 14. Well used policy, and likely to be a need for a LDP3 policy on this topic LDP2 Policy 20: Affordable Housing Compatible with NPF4 policy 16 and provides additional policy guidance to help support the implementation of NPF4 Well used policy, and likely to be a need for a LDP3 policy on this topic. Potential rewording needed to emphasise PKC sequential approach to delivery. Also, consideration is being given to reviewing the 25% minimum level of provision and will depend on the evidence base.
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6 LDP Policy Reference NPF4 Policy Assessment Review Assessment LDP2 Policy 21: Gypsy/Travellers’ Sites Compatible with NPF4 policy 16 and provides additional policy guidance to help support the implementation of NPF4 Policy only sets out detail from other policies that are most relevant, and which can be covered in guidance. Recommended in LDP3 however for clarity and ease of reference. LDP2 Policy 22: Particular Needs Housing Accommodation Compatible with NPF4 policy 16 and provides additional policy guidance to help support the implementation of NPF4 Still useful, and likely to be a need for a local LDP3 policy on this topic LDP2 Policy 23: Delivery of Development Sites Compatible with NPF4 policy 16 and provides additional policy guidance to help support the implementation of NPF4 Still useful, and likely to be a need for a local LDP3 policy on this topic LDP2 Policy 24: Maintaining an Effective Housing Land Supply Incompatible with NPF4 policy 16f) and policy principles (requirement for a housing land pipeline Not a well-used policy and NPF4 has likely removed its purpose. LDP2 Policy 25: Housing Mix Compatible with NPF4 policy 16 and provides additional policy guidance to help support the implementation of NPF4 Still used, and likely to be a need for a local LDP3 policy on this topic LDP2 Policy 26: Scheduled Monuments and Archaeology Compatible with and replaced by NPF4 policy 7 Not a well-used policy and NPF4 has likely removed its purpose. Local policy response not likely required. LDP2 Policy 27: Listed Buildings Compatible with NPF4 policy 7 and LDP2 provides clarification on position when energy efficiency is in tension with significant detrimental impact on the special architectural or historic interest (do not support). Generally, not used much due to NPF4 policy 16, but there is a possible need to continue to have a policy in LDP3. This is likely to require some thought and potential LDP3 policy response due to tensions between preserving historic character and seeking energy efficiency measures. LDP2 Policy 28: Conservation Areas Compatible with NPF4 policy 7 and LDP2 provides additional guidance regarding conservation area appraisal Generally, not used much due to NPF4 policy 7, but there is a possible need to continue to have a policy in LDP3 for additional guidance it provides and to link to Conservation Area Appraisals.
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7 LDP Policy Reference NPF4 Policy Assessment Review Assessment LDP2 Policy 29: Gardens and Designed Landscapes Compatible with NPF4 policy 7 and LDP2 provides additional guidance regarding Management plans. Generally, not used much due to NPF4 policy 7, but there is a possible need to have a policy in LDP3 for additional guidance. LDP2 Policy 30: Protection, Promotion and Interpretation of Historic Battlefields Compatible with NPF4 policy 7 and LDP2 provides additional guidance regarding Conservation plans. Generally, not used much due to NPF4 policy 7, but there is a possible need to have a policy in LDP3 for additional guidance. LDP2 Policy 31: Other Historic Environment Assets Compatible with NPF4 policy 7. Not an often-used policy and NPF4 has likely removed its purpose. LDP2 Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development No corresponding NPF4 policy, LDP Policy 32 was required through Section 3F of the CC Act 2009 as amended. As per Fourteenth Annual Report on the Operation of Section 72 of the Climate Change (Scotland) Act 2009 (issued 28 March 2024), it is concluded that legislation is no longer required, and an order is to be prepared by Scottish Ministers to repeal legislation. Was a well-used and implemented policy, but now the legislation will be repealed it seems to have removed the purpose of having a local LDP3 policy on this topic. LDP2 Policy 33: Renewable and Low- Carbon Energy There are a number of areas of potential incompatibility between LDP policy 33, and NPF4 Policy 11, and some additional guidance in LDP2. National policy on energy significantly changed therefore LDP2 policy largely replaced by NPF4 Policy 11. The need for localised guidance will be considered through LDP3 process including potential spatial strategy implications. LDP2 Policy 34: Sustainable Heating and Cooling There are a number of areas of additional policy guidance in LDP policy 33, when compared to NPF4 Policy 11. LDP2 policy 34 replaced by NPF4 Policy 19. There is likely a need for a localised policy to reflect LHEES and HNZ spatial outputs, and any spatial strategy implications. LDP2 Policy 35: Electricity Transmission Infrastructure Compatible with NPF4 policy 11. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 36: Waste Management Largely compatible with NPF4 Policy 12, and some of the additional policy guidance provided in relation to new waste management Still potentially relevant in decision making as it provides some additional guidance, so there may be a
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8 LDP Policy Reference NPF4 Policy Assessment Review Assessment Infrastructure infrastructure might be compatible with NPF4. need for a Local Policy in LDP3. LDP2 Policy 37: Management of Inert and Construction Waste Compatible with NPF4 policy 12. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 38: Environment and Conservation Compatible with NPF4 Policy 4. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. RW- Reviewed LDP2 Policy 39: Landscape Mostly compatible with NPF4 Policy 4, some parts are superceded by it, and there is some additional policy guidance which is compatible with NPF4. Essential policy as not covered by NPF4 except for protected landscapes. Need for a local policy in LDP3. LDP2 Policy 40: Forestry, Woodland and Trees Mostly compatible with NPF4 Policy 6, some parts are superceded by it, and there is some additional policy guidance which is compatible with NPF4. Generally, well used for additional guidance it provides and likely to be a need for a local policy in LDP3. Required for detail of protection of individual trees not included in NPF4, survey and compensation requirements (currently in guidance) for other classes of Ancient Woodland not currently covered in NPF4. LDP2 Policy 41: Biodiversity Mostly compatible with NPF4 Policy 3, some parts are superceded by it, and there is some additional policy guidance which is compatible with NPF4. Generally, well used for additional guidance it provides and likely to be a need for a local policy in LDP3. Mostly needed for specific policy measures currently in guidance e.g. bats, bird boxes, amphibian measures and local standards re BNG. LDP2 Policy 42: Green Infrastructure Mostly compatible with NPF4 Policy 3, some parts are superceded by it, and some additional policy guidance which is compatible with NPF4. Not currently implemented and well covered by NPF4. Mapping will provide additional detail so there may be a need for a local policy in LDP3 to support this. LDP2 Policy 43: Green Belt Largely replaced by NPF policy 8, some parts are superceded by it, and some additional policy guidance which is compatible with NPF4. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy.
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9 LDP Policy Reference NPF4 Policy Assessment Review Assessment LDP2 Policy 44: Perth Lade Green Corridor Compatible with NPF4 Policy. Localised policy protecting/enhancing the Perth Lade Green Corridor. Seldom used, but when applicable, it does add additional detail, and a local policy is likely to be needed in LDP3. LDP2 Policy 45: Lunan Lochs Catchment Area Compatible with and provides local detail on NPF4 Policy 4(b) Seldom used, but when applicable, it does add additional detail, and a local policy is likely to be needed in LDP3. LDP2 Policy 46: Loch Leven Catchment Area Compatible with and provides local detail on NPF4 Policy 4(b) Used frequently, adds additional detail, and a local policy is likely to be needed in LDP3. LDP2 Policy 47: River Tay Catchment Area Compatible with and provides local detail on NPF4 Policy 4(b) Used frequently, but when applicable, it does add additional detail, and a local policy is likely to be needed in LDP3. LDP2 Policy 48: Minerals and Other Extractive Activities - Safeguarding Compatible with NPF4 Policy 33(c) NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 49: Minerals and Other Extractive Activities - Supply Mostly compatible with NPF4 Policy 3, but some text is incompatible. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 50: Prime Agricultural Land Mostly replaced by NPF4 policy 5. NPF4 has largely replaced LDP2 Policy 50, however there may be a need for localised policy dependent upon review of how NPF4 Policy 5 is implemented and spatial strategy implications. LDP2 Policy 51: Soils Mostly replaced by NPF4 policy 5, but some text provides extra detail. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 52: New Development and Flooding Almost fully replaced by NPF4 Policy 22 as it replaces LDP2 flood risk framework however it does provide some extra detail It does add additional detail, and a local policy is likely to be needed in LDP3 for this reason, and also potentially to help clarify the NPF4 approach for private water supplies.
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10 LDP Policy Reference NPF4 Policy Assessment Review Assessment LDP2 Policy 53: Water Environment and Drainage Mostly this policy covers aspects not directly covered in NPF4 (culverting, foul drainage, and RMBP) whilst the policy on surface water drainage is consistent with and replaced by NPF4 Policy 22. It does add some additional detail, and a local policy is likely to be needed in LDP3. LDP2 Policy 54: Health and Safety Consultation Zones Compatible with NPF4 Policy 23. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 55: Nuisance from Artificial Light and Light Pollution Compatible with NPF4 Policy 14(C) NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 56: Noise Pollution Compatible with NPF4 Policy 23(e) and provides some extra detail It adds additional detail, and a local policy is likely to be needed in LDP3. LDP2 Policy 57: Air Quality Compatible with NPF4 Policy 23 and replaced by although a link to the Supplementary Guidance is useful. The Supplementary Guidance is important and useful in decision making. LDP2 adds some additional detail, in terms of providing the link to the supplementary Guidance. However, this would not likely need a policy in LDP3. LDP2 Policy 58: Contaminated Land and Unstable Land Compatible with NPF4 Policy 9c. NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 59: Digital Infrastructure Compatible with NPF4 Policy 24 NPF4 has likely removed its purpose so there is unlikely to be a need for a local LDP3 policy. LDP2 Policy 60: Transport Standards and Accessibility Requirements Compatible with NPF4 Policy 13 but there is some additional supportive detail linking to the Regional Transport Strategy and Tay Cities Deal, and it provides a link to the Non-statutory Guidance for Transport (although this has yet to be prepared) It adds additional detail, and a local policy is likely to be needed in LDP3. LDP2 Policy 61: Airfield Safeguarding Compatible with NPF4 Policy 23 but the there is some additional supportive detail about consultation required when proposing development near Dundee Airport, Perth Airport and unlicensed airfields (which are defined in the associated Supplementary Guidance for Airfield Safeguarding) It adds additional detail, and a local policy (or guidance) is likely to be needed in LDP3.
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11 LDP Policy Reference NPF4 Policy Assessment Review Assessment No corresponding LDP policy NPF4 Policy 1 Tackling the climate & nature crises does not directly correspond to a LDP2 policy however some LDP2 policies relate to this topic (particularly flood risk, green and blue infrastructure and biodiversity policies). NPF4 policies are likely to be sufficient, and it may be reflected in LDP3 as a key objective. No corresponding LDP policy NPF4 Policy 10 Coastal Development provides a national policy for coastal areas NPF4 identifies policy for undeveloped coastline, and if this is feature exists and is identified in LDP3 a local policy may be needed in LDP3. No directly corresponding LDP policy Policy 2 Climate Mitigation & Adaptation does not directly correspond to a LDP2 policy however some LDP2 policies relate to this topic (particularly flood risk, green and blue infrastructure and biodiversity policies). NPF4 Policy 2 is an overarching policy applicable to all development proposals. Considered that there is unlikely to be a requirement for an additional separate policy in LDP3, and matters are likely to be picked up elsewhere in the related policies. No directly corresponding LDP policy NPF4 Policy 15 Local Living & 20 Mins Neighbourhood does not directly correspond to a LDP2 policy Likely there will be a need to add some detail to LDP3 regarding how this policy will apply in a Perth and Kinross Council context, following on from the development of a methodology. This may take the form of a local policy response. No directly corresponding LDP policy NPF4 Policy 23(f) Suicide Risk does not have a corresponding policy in LDP2 NPF4 policies are likely to be sufficient. The LDP will be prepared with an awareness of locations of concern for suicide, but it is unlikely to need an additional policy over and above NPF4 Policy 23. No directly corresponding LDP policy NPF4 Policy 25 Community Wealth Building does not have a corresponding policy in LDP2 Unlikely that we need an additional policy over and above NPF4 Policy 25. No directly corresponding LDP policy NPF4 Policy 31 Culture & Creativity does not have a corresponding policy in LDP2 however there is some cross over with LDP2 Policy 16 Unlikely that we need an additional policy over and above NPF4 Policy 31. No corresponding LDP policy NPF4 Policy 32 Aquaculture does not have a corresponding policy in LDP2. There is a limited coastline, and a limited industry presence within Perth and Kinross. Therefore, there has been no need for a local aquaculture policy in the current Local Development Plan. There could be some limited growth of the aquaculture industry, but there is not much existing activity and there is limited potential, so a light touch, relying on national policy and guidance is likely to be
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12 LDP Policy Reference NPF4 Policy Assessment Review Assessment appropriate. A local LDP3 policy is unlikely to be needed.