Supplementary Agenda Document Pack - Planning and Regulatory Services Committee - 28/06/2022

Moray Council · 28 June 2022
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Planning and Regulatory Services Committee 
Tuesday, 28 June 2022 
SUPPLEMENTARY AGENDA 
The undernoted reports have been added to the Agenda for the meeting of the
Planning and Regulatory Services Committee to be held at Council Chambers,
Council Office, High Street, Elgin, IV30 1BX on Tuesday, 28 June 2022 at 14:00. 
BUSINESS 
12a) Planning Application 20/00781/APP
Report by Appointed Officer  
Proposed residential development (100% affordable) with associated
access infrastructure landscaping and miscellaneous works at Spynie
Hospital Duffus Road Elgin Moray for Moray Council  
3 - 74
12b) Buckie South Masterplan
Report by Depute Chief Executive (Economy, Environment and
Finance) 
75 -
108 
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WARD 06_17 
20/00781/APP
29th June 2020
Proposed residential development (100% affordable)
with associated access infrastructure landscaping and
miscellaneous works at Spynie Hospital Duffus Road
Elgin Moray
for Moray Council 
Comments: 
 The application is on a housing site designated for 50 houses within the
Development Plan. 
 The application was advertised for neighbour notification purposes.
 46 representations received. 
Procedure: 
 Completion of a legal agreement regarding developer obligations relating to
healthcare prior to issue of consent. 
Recommendation Grant Planning Permission - subject to the following:- 
Conditions/Reasons 
1. No development shall commence (other than those works required to further
investigate and remediate contamination on the site) until:
(i)   A report of assessment of contamination on the previously inaccessible area
in the northeast of the site has been submitted to the Council as Planning
Authority. The assessment should be undertaken by an appropriately
qualified person in accordance with relevant up-to-date authoritative
technical guidance, e.g.  BS10175 'The Investigation of Potentially
Contaminated Sites - Code of Practice', in accordance with a sampling
strategy previously submitted to and accepted by the Council. The report
shall include details of how identified contamination will be dealt with during
subsequent construction works and details of remedial measures required to
treat, remove or otherwise mitigate contamination to ensure that the site is
suitable for the proposed use.
(ii)   Written confirmation has been issued by the Council as Planning Authority
that all remedial measures to deal with contamination on the site have been
implemented and completed in accordance with the details as specified in
the agreed final version of the applicant's remediation plan, dated 10 May
2021, along with additional remedial measures identified as a result of the
additional investigations in the northeast of the site. 
Item 12a)
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Reason: To ensure that the site, including areas not previously investigated, is
suitable for the proposed use, and that risks posed by on-site contamination to the
wider environment and to the users of neighbouring land are appropriately
managed. 
2. For the avoidance of doubt all units hereby approved be used for affordable
housing purposes only in accordance with the agreement(s) reached between the
applicant/developer and Moray Council and/or any registered social landlord (e.g.
housing association or similar) to enable the long term delivery of affordable
housing on this site; and no development shall commence until details of the
agreement(s) to confirm the arrangements for the delivery of the proposed
affordable and specialist accommodation hereby approved shall be submitted to
and approved in writing by the Council, as Planning Authority.   
Thereafter, the development shall be implemented in accordance with the
approved details. 
Reason: To ensure an acceptable form of development in terms of the required
provision and delivery of the affordable housing accommodation proposed for this
site wherein the benefits of such provision are passed on to serve the community
in future years. 
3. All drainage proposals shall be as detailed on approved plan GC22387-96-001 C.
All measures for the management of surface water shall be implemented in full
prior to the first occupation of any residential unit hereby approved and thereafter
shall be maintained in accordance with the submitted SUDS Maintenance
Strategy SPY-B&B-XX-XX-RP-C-002 dated 23 March 2021. 
Reason: To ensure that surface water drainage is provided timeously and
complies with the principles of SuDS; in order to protect the water environment. 
4. No development shall commence until details confirming the installation of fibre
broadband connection for each residential unit (to be provided prior to occupation
of each unit) have been submitted to and approved in writing by the Council, as
Planning Authority. Thereafter, the development shall be implemented in
accordance with these approved details, unless otherwise agreed in writing by the
Council, as Planning Authority. 
Reason: To ensure the residential units hereby approved are served by
appropriate high speed internet connections 
5. No development shall commence on the development hereby approved until a
detailed Art Strategy (including street naming strategy) has been submitted to and
approved by the Council as Planning Authority.  This shall reflect the principles set
out in the submitted document Spynie Integrated Public Art Strategy and include
details of how the art will be delivered and a timetable for delivery and details of
maintenance arrangements.  Thereafter the strategy shall be implemented in
accordance with the phasing details contained within it. 
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Reason: To ensure that public art is appropriately incorporated into the
development. 
6 No development shall commence until a site-specific Construction Environmental
Management Plan (CEMP) has been submitted to and approved by the Council,
as Planning Authority.  The CEMP shall address all environmental management
issues related to the development including arrangements in the event of
unforeseen protected species being encountered on site which shall be in line with
the measures set out in section 6.14 of the submitted document Spynie Hospital
Redevelopment Extended Phase 1 Habitat Survey Report. Thereafter, the
development shall be implemented in accordance with the approved CEMP
details. 
Reason: In order to minimise the impacts of the development works upon the
environment. 
7.  No development shall commence until a pre-construction (no more than 6 months
prior to the start of works) badger survey, in line with the recommendations
contained within the submitted report entitled Spynie Hospital Redevelopment
Extended Phase 1 Habitat Survey' by dated August 2020, has been undertaken
and a report of survey has been submitted to, and approved in writing by, the
Council, as Planning Authority. The survey shall include mitigation measures
where any impact, or potential impact, on protected species or their habitat has
been identified and a species protection plan. Development and work shall
progress in accordance with any mitigation measures contained within the
approved report of survey and the timescales contain therein. 
Reason: To ensure that the site and its environs are surveyed and the
development does not have an adverse impact on protected species or habitat. 
8.  No development shall commence until a pre-construction (no more than 6 months
prior to the start of works) red squirrel survey, in line with the recommendations
contained within the submitted report entitled Spynie Hospital Redevelopment
Extended Phase 1 Habitat Survey' by dated August 2020, has been undertaken
and a report of survey has been submitted to, and approved in writing by, the
Council, as Planning Authority. The survey shall include mitigation measures
where any impact, or potential impact, on protected species or their habitat has
been identified. Development and work shall progress in accordance with any
mitigation measures contained within the approved report of survey and the
timescales contain therein. 
Reason: To ensure that the site and its environs are surveyed and the
development does not have an adverse impact on protected species or habitat. 
9.  No development shall commence until a pre-construction bat survey (no more
than 3 months prior to the start of works), in line with the recommendations
contained within the submitted report entitled Spynie Hospital Redevelopment
Extended Phase 1 Habitat Survey' by dated August 2020, has been undertaken
and a report of survey has been submitted to, and approved in writing by the
Council, as Planning Authority. The survey shall include mitigation measures
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where any impact, or potential impact, on protected species or their habitat has
been identified. Development and work shall progress in accordance with any
mitigation measures contained within the approved report of survey and the
timescales contain therein. 
Reason: To ensure that the site and its environs are surveyed and the
development does not have an adverse impact on protected species or habitat. 
10.  No development shall commence until details of the exact location of all bat and
bird boxes proposed on approved drawing 10948-LD-PLN-002 have been
submitted to and agreed in writing with the planning authority.  Thereafter all bat
and bird boxes shall be installed prior to the first occupation of any unit hereby
approved.   
Reason:  To ensure that the proposed biodiversity enhancement measures are
timeously provided.   
11.  No development shall commence until details of hedgehog highways between
plots have been submitted to and agreed in writing by the Planning Authority. 
Thereafter the approved details shall be implemented prior to the first occupation
of any unit hereby approved.   
Reason:  To ensure sufficient biodiversity enhancement measures. 
12.  No development shall commence until the tree protection measures detailed on
the approved plan 0948-LD-PLN-100 revision G have been implemented in full. 
Reason: In order to ensure adequate measures to protect retained trees are in
place. 
13.  Notwithstanding the submitted play strategy no development shall commence until
revised details for the play park have been provided to include details of the
surfacing of the play park which shall be suitable for those with physical
disabilities and the inclusion of play equipment and benches for those with
physical and sensory disabilities. The equipped play area shall be provided in
accordance with the approved details and be available for use prior to the
occupation of any of the houses hereby approved. Thereafter the play area shall
be maintained in accordance with the approved maintenance arrangements. 
Reason: To ensure that the play park makes adequate provision for all abilities
play and  ensure the adequate provision of an equipped play area and its future
maintenance. 
14.  No development shall commence until an implementation plan setting out the
timings of provision of each element of the proposed landscaping and open space
has been submitted to and approved in writing by the planning authority. 
Thereafter the development shall not proceed except in accordance with the
agreed plan.  All landscaping shall be in accordance with approved drawing
10948-LD-PLN-001 D and submitted documents Spynie Residential Development
Soft Landscape Specification and Planting Schedules REF: 10948-LD-DOC-001
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date March 2022 and Spynie Hospital Redevelopment Moray Council Landscape
Materials and Planting Palette 10948-LD-REP-001version 2 date March 2002. 
For the avoidance of doubt the implementation plan must provide for all seeding
and planting to be carried out no later than the first planting season following the
completion of development. 
Reason: To ensure a high standard of landscaping is proposed and timeously
provided. 
15.  No development shall commence until details including materials, design and
surface density of an 1.8m high acoustic fence as  described on page 14 of the
noise impact assessment supporting document by AECOM Limited, 1 New York
Street, Manchester, Revision 3 dated 31/05/2022, Project number: 60620771 and
titled "Former Spynie Hospital. Planning Noise Report. Moray Council and
Grampian Housing Association have been submitted to and agreed in writing by
the Planning Authority in consultation with the Environmental Health Authority. 
Thereafter the approved fence shall be provided as follows:
 Plot 1  along the southern and western boundary of the  plot
 Plot 2 along the western boundary of the plot
 Plots 28 - 34 along the southern boundary of each plot 
The fence shall be provided prior to the first occupation of the unit on the plot to
which the fence is provided and retained in perpetuity. 
Reason: To prevent noise nuisance. 
16.  No development shall commence until a Construction Environmental Management
Plan (CEMP) has been submitted to and agreed in writing by the Planning
Authority in consultation with the Environmental Health Manager. The plan shall
include measures to minimise construction related noise, dust and artificial
lighting. Thereafter the development will be carried out in accordance with the
agreed plan at all times. 
Reason: To minimise the impact of construction works upon the amenity of the
surrounding area including any neighbouring residential property. 
17.  Notwithstanding the submitted Road Safety Audit and proposed works to widen
the B9012 and pedestrian refuge crossing (which are not accepted). No
development shall commence until the details have been submitted for approval
by the Planning Authority in consultation with the Roads Authority: 
   Details (Plans scale 1:500 min) for Pedestrian and Cycle crossing facilities
on the B9012 to address connectivity for access to the cyclepath on the
western side of the B9012 and provide access to the bus stops. 
   Details (Plans scale 1:500 min) for a 2 metre wide footpath on the north side
of the B9012 connecting the footway between the proposed site access onto
the B9012 and the existing cyclepath from Duffus Heights to the northwest. 
   A Road Safety Audit (Stage 2) for the proposed site layout and any offsite
works to the B9012 and revisions to the proposals to address issues raised. 
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Thereafter, unless otherwise agreed in writing by the Planning Authority in
consultation with the Roads Authority, the development shall be completed in
accordance with the approved details. 
Reason: In the interests of an acceptable form of development and the provision
of infrastructure to support the use of low carbon transport, through the provision
of details currently lacking or unacceptable. 
18.  No development shall commence until the following details have been submitted
for approval in writing by the Planning Authority in consultation with the Roads
Authority: 
   Details (written proposals and/ or plans) to confirm the provision of the
necessary cabling, ducting, and consumer units capable of supporting the
future charging unit for each house. 
    Details (product specification) for the proposed rapid charging unit (min
22Kw) to be provided for the flats. 
Thereafter the EV charging infrastructure for the houses and flats shall be
provided in accordance with the approved drawing and details prior to the first
occupation of any house or flat which it is associated with. 
Reason: In the interests of an acceptable form of development and the provision
of infrastructure to support the use of low carbon transport, through the provision
of details currently lacking. 
19.  No development shall commence until details have been have been submitted to
and approved in writing by the Council, as Planning Authority in consultation with
the Roads Authority to confirm the arrangements for future adoption/vesting by an
in-perpetuity regulatory body, of the maintenance and management of the roads
SUDs system excluding any other parts of the SUDs system to be identified by the
Roads Authority which is to be maintained by or factored on behalf of the
developer or their successors.  
Reason: To ensure the management and maintenance of effective roads
drainage and surface water management infrastructure proposed for the site. 
20.  No development shall commence until details have been submitted to confirm the
maintenance/ factoring arrangements for all landscaped areas within or adjacent
to the public road (including footways and cycle paths, verges, and service strips
but excluding residential plot boundaries). Thereafter the landscaping shall be
maintained in accordance with the approved arrangements and it must be
ensured that landscaping will not interfere with the function of the public road or
cause a hazard to road users. 
Reason: In the interests of road safety and the provision of details currently
lacking from the submission. 
21.  No development shall commence in relation to Plots 3-7 or 31-34  until details
have been submitted to and  approval in writing by the Planning Authority in
consultation with the Roads Authority for the proposed secure and enclosed cycle
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storage to provide a minimum of 1 cycle space per flat). 
Thereafter, no flat shall be occupied until the cycle storage associated with it has
been provided and made available for use and the cycle storage shall be retained
and maintained in perpetuity as cycle parking for use in conjunction with the flat. 
Reason: To ensure the permanent availability of the level of cycle parking
necessary for residents/visitors/others in the interests of an acceptable
development. 
22.  No works shall commence on site until a Construction Traffic Management Plan
has been submitted to and approved in writing by the Council, as Planning
Authority in consultation with the Roads Authority. The Construction Traffic
Management Plan shall include the following information: 
   duration of works; 
   construction programme; 
   anticipated schedule for delivery of materials and plant; 
   full details of any temporary construction access; 
   measures to be put in place to prevent material being deposited on the
public road; 
   measures to be put in place to safeguard the movements of pedestrians; 
   traffic management measures to be put in place during works including any
specific instructions to drivers; and 
   parking provision, loading and unloading areas for construction traffic. 
Thereafter, the development shall be implemented in accordance with the
approved details. 
Reason: To ensure an acceptable form of development in terms of the
arrangements to manage traffic during construction works at the site. 
23.  A visibility splay 2.5m x 90m in both directions shall be provided at the site access
onto the B9012 and thereafter maintained clear of any obstruction over 0.6m in
height measured from the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a clear
view so that they can undertake the manoeuvre safely and with the minimum
interference to the safety and free flow of traffic on the public road. 
24.  No boundary fences, hedges, walls or any other obstruction whatsoever over 1.0
metre in height and fronting onto the public road shall be within 2.4 metres of the
edge of the carriageway, measured from the level of the public carriageway,
unless otherwise agreed in writing by the Council, as Planning Authority in
consultation with the Roads Authority. 
Reason: To enable drivers of vehicles leaving driveways to have a clear view over
a length of road sufficient to allow safe exit, in the interests of road safety for the
proposed development and other road users. 
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25.   Parking provision shall be provided in accordance with Parking Standards of the
Moray Local Development Plan 2020 prior to the first occupation of the house or
flat which it is associated with. Thereafter the parking provision shall and retained
and available for use for that purpose unless otherwise agreed in writing by the
Planning Authority. 
Reason: To ensure the permanent availability of the level of parking necessary for
residents/visitors/others in the interests of an acceptable development and road
safety. 
26.  None of the units hereby approved shall be occupied until the roads and paths
connecting it to the B9012 and the works to provide the pedestrian and cycle
crossing(s) on the B9012 in accordance with the approved details, have been
completed and opened to the public. 
Reason: In the interests of an acceptable form of development and the provision
of safe access for all road users in the interests of road safety.  
27.  Notwithstanding the provisions of Article 3 and Schedule 1 of the Town and
Country Planning (General Permitted Development) (Scotland) Order 1992 (as
amended, revoked or re-enacted; with or without modification), no development
shall take place in the service strips along plot frontages and no additional
planting shall take place within these areas. 
Reason: In order to retain effective control over future development within the
application site so that it is carefully managed and to ensure effective roads
drainage infrastructure is provided and safeguarded. 
28.  The maintenance arrangements for the landscaping and play area contained in
chapter 7 of the submitted document Spynie Residential Development Soft
Landscape Specification and Planting Schedules shall be implemented in full. 
Reason: To ensure that these areas are properly maintained in a manner which
will not adversely affect the development or amenity and character of the area 
29.  All measures in relation to ground nesting birds contained in paragraphs 6.10-613
of the Spynie Hospital Redevelopment Extended Phase 1 Habitat Survey' by
dated August 2020 shall be adhered to at all times. 
Reason: To ensure that ground nesting birds and their nests are protected.   
30.  No trees other than those identified for removal on the approved plan 10948-LD-
PLN-100 revision G shall be removed without the prior written approval of the
Council, as Planning Authority. 
Reason: In order to ensure tree removal is adequately controlled. 
31.  Construction works (including vehicle movements) associated with the
development audible at any point on the boundary of any noise sensitive dwelling
shall be permitted between 0800 - 1900 hours, Monday to Friday and 0800 - 1300
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hours on Saturdays only, and at no other times out with these permitted hours
(including National Holidays) shall construction works be undertaken except
where previously agreed in writing with the Council, as Planning Authority and
where so demonstrated that operational constraints require limited periods of
construction works to be undertaken out with the permitted/stated hours of
working. 
Reason - To minimise the impact of construction works upon the amenity of the
surrounding area including any neighbouring residential property. 
32.  The units approved on plots 3 to 8 and 31 to 34 shall have acoustic trickle
ventilation provided in first floor living apartments windows, which should achieve
an acoustic performance of at least Dn,e,w 29 dB Ctr -1 dB, as identified in "Table
6 Glazing/Ventilation Configuration" of the noise impact assessment supporting
document by AECOM Limited, 1 New York Street, Manchester, Revision 3 dated
31/05/2022, Project number: 60620771 and titled "Former Spynie Hospital.
Planning Noise Report. Moray Council and Grampian Housing Association." 
Reason: To prevent noise nuisance. 
33.  The units approved on plots 1, 2 and 31 to 34 shall have acoustic trickle
ventilation provided in first floor bedroom windows, which should achieve an
acoustic performance of at least Dn,e,w 26 dB Ctr -1 dB, as identified in "Table 6
Glazing/Ventilation Configuration" of the noise impact assessment supporting
document by AECOM Limited, 1 New York Street, Manchester, Revision 3 dated
31/05/2022, Project number: 60620771 and titled "Former Spynie Hospital.
Planning Noise Report. Moray Council and Grampian Housing Association." 
Reason: To prevent noise nuisance. 
34.  The units approved on plots 3 to 8 and 31 to 34 shall have acoustic thermal
double-glazing units (6mm pane/12mm air gap/4mm pane) provided in first floor
living apartments windows, which should achieve an acoustic performance of at
least Rw + Ctr = 28 dB, as identified in "Table 6 Glazing/Ventilation Configuration"
of the noise impact assessment supporting document by AECOM Limited, 1 New
York Street, Manchester, Revision 3 dated 31/05/2022, Project number: 60620771
and titled "Former Spynie Hospital. Planning Noise Report. Moray Council and
Grampian Housing Association." 
Reason: To prevent noise nuisance. 
35.  The units approved on Plots 1,2 and 31 to 34 shall have acoustic thermal double-
glazing units (6mm pane/12mm air gap/4mm pane) provided in first floor bedroom
windows, which should achieve an acoustic performance of at least Dn,e,w 26 dB
Ctr -1 dB, as identified in "Table 6 Glazing/Ventilation Configuration" of the noise
impact assessment supporting document by AECOM Limited, 1 New York Street,
Manchester, Revision 3 dated 31/05/2022, Project number: 60620771 and titled
"Former Spynie Hospital. Planning Noise Report. Moray Council and Grampian
Housing Association." 
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Reason: To prevent noise nuisance. 
Reason(s) for Decision
The Council’s reason(s) for making this decision are:- 
The proposal accords with the provisions of the local development plan and there are
no material considerations that indicate otherwise. 
List of Informatives: 
THE DEVELOPMENT MANAGEMENT & BUILDING STANDARDS MANAGER
has commented that: 
A Building Warrant will be required for the proposals.  Should you require further
assistance please contact the Building Standards Duty Officer between 2pm and
4pm or telephone on 03001234561.  No appointment is necessary.  Alternatively
e-mail buildingstandrads@moray.gov.uk 
This development is subject to a legal agreement in regard to arrangements for
payment of developer obligations to address the impact of the development upon
healthcare. 
THE TRANSPORTATION SECTION has commented that: 
Before commencing development, the applicant is obliged to apply for
Construction Consent in accordance with Section 21 of the Roads (Scotland) Act
1984 for new roads. The applicant will be required to provide technical
information, including drawings and drainage calculations. Advice on this matter
can be obtained from the Moray Council web site or by emailing
transport.develop@moray.gov.uk . 
Additional Road Safety Audit requirements shall be determined through the Road
construction Consent process as required. 
The proposals indicate signage for ‘Home Zones’ the requirements for which are
covered under The Home Zones (Scotland) Regulations 2002. The requirements
for this or any design changes required shall be agreed as part of the Roads
Construction Consent. 
Construction Consent shall include a CCTV survey of all existing roads drainage
to be adopted and core samples to determine the construction depths and
materials of the existing road. 
Requirement for any traffic calming, road construction materials and specifications
and any SUDs related to the drainage of the public road must be submitted and
approved through the formal Roads Construction Consent process. 
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Planning consent does not carry with it the right to carry out works within the
public road boundary and the applicant is obliged to contact the Transportation
Manager for road opening permit in accordance with the Roads (Scotland) Act
1984. This includes any temporary access joining with the public road. 
If any street furniture will need to be repositioned or any existing roadside ditch
requires a pipe or culvert these works shall be at the expense of the developer
Advice on these matters can be obtained by e-mailing
transport.develop@moray.gov.uk 
Street lighting will be required as part of the development proposal. 
Private Roads - A responsible party, constituting the road manager, must be
nominated for a private road and this information included within the National
Gazetteer through the Scottish Road Works Register (SRWR). 
The developer shall ensure that no water or loose material shall drain or be
carried onto the public footpath/carriageway. 
No building materials/scaffolding/builder's skip shall obstruct the public road
(including footpaths) without permission from the Roads Authority. 
The applicant shall ensure that their operations do not adversely affect any Public
Utilities, which should be contacted prior to commencement of operations. 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
Reference No. Version No. Title/Description
GC22387-95-002  Road construction details
10948-LD-DET-604  Tree planted swales
GC22387-95-001  Visibility splay
10948-LD-DET-602  Raised Table Isometric  
Location plan
10948-LD-PLN-002  Landscape bio-diversity plan
60620771-SKE-C-SPN-1001  B Proposed refuse island road layout 
10948-LD-DET-603  Fencing details
GA-K-11  Type K detached
GA-F-20  Type F semi detached
GC22387-95-003  B Road layout
GC22387-95-004  B Road adoption
GC22387-95-005  B Proposed utility layout
PL_121 B Parking
PL_120 B Street naming
PL_122 A EV charging point
PL_101 E Existing and proposed site sections
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PL_101 M Existing and proposed site sections
PL_101 M Proposed site block plan
TY-B-B  Type B
TY-AA-B  Type AA
TY-H-B  Type H
TY-JA-B  Type JA
TY-JB-A  Type JB
GC22387_96_002  Drainage typical details sheet 1
GC22387-96-003  A Drainage typical details sheet 2
10948-LD-PLN-250  C Boundary masterplan
GC22387-95-014  B Car tracking
GC22387-96-001  C Proposed drainage layout
GC22387-95-011  C Fire Appliance tracking - 2 of 2
GC22387-95-010  C Fire Appliance Tracking - 1 of 2
10948_LD_PLN_001  D Landscape masterplan
GC22387-95-012  C Refuse vehicle tracking - 1 of 2
GC22387-95-013  Refuse vehicle tracking - 2 of 2
10948-LD-PLN-100  F Tree protection plan
10948-LD-DET-600  Typical Detail - sheet 1
10948-LD-DET-601  Typical details - sheet 2
GA-AA-20  A Type AA (semi-detached)
EL_01 E Street elevation
EL_SK1   C Material application key
GA-B-20  A Type B Semi detached
GA-B-30  B Type B Semi-detached
GA-H-20  A Type H Semi-detached
GA-HJA-10  A Type HJA Semi-detached
GA-H-60  A Type H Semi-detached north variant
GA-JA-10  A Type JA Detached
GA-JA-20  Type JA Semi-detached
GA-JB-20  Type JB Semi-detached 
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Plans, drawings and other material submitted to the local authority
are protected by the Copyright, Designs and Patents Act 1988
(section 47). You may only use material which is downloaded and/
or printed for consultation purposes, to compare current
applications with previous schemes and to check whether
developments have been completed in accordance with approved
plans.
Further copies must not be made without the prior permission of
the copyright owner.
Maps shown in the Planning Committee Report can only be used
for the purposes of the Planning Committee. Any other use risks
infringing Crown Copyright and may lead to prosecution or civil
proceedings. Maps produced within this Planning Committee
Report can only be reproduced with the express permission of the
Moray Council and other Copyright holders. This permission must
be granted in advance.
PLANNING APPLICATION
COMMITTEE SITE PLAN
Site Address:
Spynie Hospital Duffus Road
Elgin
Planning Application Ref Number: 
20/00781/APP
Location Plan
Applicant Name: 
Moray Council
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Site Location
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Site
plan
16/01664/APP
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Type B semi-detached
16/
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Type JA detached
16/
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Type JB detached
16/
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Photo location plan
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Photo 1
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Photo 2
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Photo 3
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Photo 4
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PLANNING APPLICATION: 20/00781/APP 
In the event that a recommendation on this planning application is overturned the
Committee is reminded of the advice contained on the front page of the agenda for
Reports on Applications 
1.   THE PROPOSAL 
   This application seeks planning permission for 39 houses and 10 flats
along with associated access, parking and surface water drainage. A play
park, kickabout pitch, footpaths and landscaping are also proposed.
   All the proposed units will be affordable housing.
   One of two existing vehicular accesses will be upgraded to serve the site
and the other will be made into a cycle path.
   Seven house types are proposed - Type A are 1 bedroom flats arranged
in two storey blocks, Type B are 2 bedroom bungalows, Type H (and north
variant) are 3 bed two storey houses, Type Ja is a 4 bedroom two storey
house, Type Jb is a 4 bedroom two storey house, Type F is a 3 bedroom
bungalow and Type K is a 4 bedroom bungalow.
   Three character areas are proposed – north, Main Avenue and south. 
The north and Main Avenue areas will have different colour renders while
houses in the south character area will be timber clad.  Each area will
have different coloured detailing at the entrance to houses.  All the houses
will have corrugated metal roofs.
   Key buildings are identified throughout the site.  These buildings will be
timber clad with red metal roofs and distinctive yellow entrances.  
   The development will be connected to the public sewer and water supply.
   There are a significant number of existing trees on site. The mature
woodland in the south and western part of the site is to be largely retained
with some tree removal and tree removal is proposed across the site.  In
total 413 trees will be removed and replaces with 740 trees will be planted
on site.
    A detailed landscaping plan has been provided. This proposes additional
planting in the existing woodland area, planting throughout the site and
the creation of a central green space and growing area for community
use.  
   The application is supported by a Pre-application Consultation (PAC)
report, Design and Access Statement, Drainage Strategy, Landscape and
Visual Appraisal.  Transport Assessment, Road Safety Audit, Planning
Statement, Placemaking Statement, Contaminated Land Report and
Remediation Method Statement, Extended Phase 1 Habitat Survey and
Addendum,  Sustainable Urban Drainage System (SUDS) Maintenance
Strategy, Tree Schedule, Tree Survey Report , Tree Bat Roost Potential
Statement, Tree Retention Statement, Public Art Strategy, Landscaping
Specifications and Planting Schedule, Landscape Materials schedule and
Noise Impact Assessment,   
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2.   THE SITE 
   The site is covered by the Elgin R14 Spynie Hospital designation within
the Moray.
   Local Development Plan 2020 which has an indicative capacity of 50
residential units.
   The site extends to 4.65ha and is the site of the former Spynie Hospital in
Elgin.
   The site sits to the north of Duffus Road.  There are two existing
accesses.  One is to be upgraded to provide access to the development
and the existing facilities beyond and one is to be converted into a cycle
path. 
   There are existing houses to the north and north west and a care home
and dental practice to the north east.
   There is open land to the east. 
   Immediately to the south west of the application site there is a specialist
housing.
   The main part of the site largely flat but there is a raised area in the
northern part of the site.
   There are existing trees at the entrance to the site and along the south
west and south east boundaries and in the northern portion of the site.
   The trees in the far east of the site are on the National Forestry Inventory. 
The land immediately to the east forms part of the ENV6 designation the
MLDP 2020. 
   Pockets of areas at risk of surface water flooding are identified across the
site. 
3.   HISTORY 
20/00211/SCN Proposed residential development on OPP6 – Environmental
Impact Assessment procedures not required. 
4.   POLICY - SEE APPENDIX 
5.   ADVERTISEMENTS 
5.1   Advertised for neighbour notification purposes. 
6.   CONSULTATIONS 
Elgin Community Council: Traffic is a known issue on Duffus Road. Parking
threatens to impede traffic flow at times. We note that the Local Development
Plan includes junction improvements at Morriston Road and North Street
Bishopmill. Please clarify the effect this development will have on those
junctions and whether an appropriate developer’s contribution is being made
from the development to those junction improvement.
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Flooding is a concern and is not sufficiently addressed in the application. The
concerns raised by the Moray Flood Prevention Team must be addressed to
their satisfaction and the FPT must be allowed to act fully independently. We
have been made aware that there are springs in the area. We would like to see
this fully resolved before the application is determined. 
Contaminated land must also be resolved to the independent satisfaction of the
relevant team. 
Overlooking has been raised by members of the community and is a common
concern that we hear so must be addressed sympathetically in the design to
the satisfaction of the affected neighbours. 
In our response to the Local Plan we raised a concern about the loss of NHS
estate and the future of health provision locations in Elgin particularly as Elgin
is growing massively. We also here evidence from time to time of attempts to
erode the local NHS presence in favour of larger centres. 
In our response to the local plan we were also interested in the integration of
affordable housing and social housing with other types of tenure. Can we be
advised on why this development does not do that ie 100% affordable housing
when Moray Council Policy is for a percentage. 
N.B: The community council was re-consulted on the amended proposals on 20
April 2022 but no response has been received. 
PO response:   A Transport Assessment has been provided which
acknowledges the impact on the Morriston Road/Brumley Brae junction (PM
only) and Morriston Road/Duffus Road (B9012) junction (AM only). An
assessment of the junction capacities at these junctions was undertaken which
demonstrated that these junctions would be anticipated to operate within
capacity for the future year with the completed development.  The
Transportation Manager advises that no mitigation is required at these junctions
for the current application. 
Following the submission of further information the Flood Risk Management
Team have no objection to the proposal. 
A condition is recommended to ensure that the contamination of the site is fully
investigated and remediated as appropriate. 
The concerns of neighbours regarding overlooking are recognised and are
addressed below.  Some changes to the plans have been made including the
removal of some upper floor windows. 
The concerns regarding the provision of NHS services is noted.  Spynie
Hospital was demolished before the application was submitted.  Developer
Obligations in relation to healthcare are sought.   
Policy DP2 requires that all housing developments provide a proportion of
affordable housing.  The current proposal is for a fully affordable housing
development therefore it meets the terms of the policy.  Where a mix of tenures
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are present policy PP1 (c) (iii) requires tenure integration but that does not
apply in this case.   
Strategic Planning & Delivery:  No objection. The proposal has been
considered against policies PP1, PP3, EP2, EP5, EP7, DP1, DP2 and is
deemed to comply.  In summary;
   The proposal scored “green” in all categories in the QA representing the
full compliance with PP1;
   The layout provides distinct character areas with differentiation being
provided through both materials, colours, and house design.  A number of
key buildings have also been provided across the site to add to the visual
interest and improve legibility; 
   An attractive and functional area of open space will be provided which will
provide a play area and include benches. It will be planted with variety of
species to create attractive space and support biodiversity.  The proposal
scored over 75% in terms of the quality standard for Policy EP5;
   The layout has incorporated a number of measures to support and
enhance biodiversity and connect into existing wildlife networks; and
   The applicant has endeavoured to retain as many existing trees as
possible with the number of units being reduced to accommodate this. 
Access Manager:  No objection.  Initially connection to the candidate core path
to the north east (CP35) was sought along with two aspirational paths to the
east formed.  A safe crossing of Duffus Road is also required.  The proposals
now show connections to the east and the north west towards Duffus Crescent
and north east in the direction of Roseisle Drive and Roseisle Place which is
acceptable.   
Archaeology:  No objection. 
Contaminated Land: No objection subject to a condition that potential
contamination is fully investigated and remediated as appropriate. 
Developer Obligations: Obligations in relation to healthcare are sought.   
Education:  No response at the time of writing this report. 
Environmental Health: No objection subject to conditions to control
construction noise, mitigated the impact of noise from Duffus Road and to
secure the provision of a Construction Environmental Management Plan
(CEMP). 
Housing Strategy and Development Manager:  No objection. 
Moray Flood Risk Management:  No objection following the submission of
further information. 
Transportation: No objection subject to conditions to requiring for details of the
pedestrian crossing of the B9012, EV Charging, management of roads suds,
maintenance of the landscaping areas next to the public road, cycle parking for
the flats, visibility splay at the access and for individual houses, provision of a
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construction traffic management plan, to secure parking provision and the
removal of permitted development rights in service strips. 
NatureScot: No objection. 
Scottish Water: No objection. 
SEPA: No objection subject to a condition to ensure that the proposed
environmental enhancements are provided. 
7.   OBJECTIONS-REPRESENTATIONS 
NOTE: Following the determination of this application, name and address
details will be/have been removed (i.e. redacted) in accordance with the
General Data Protection Regulations (paragraph 3 of Minute, Planning &
Regulatory Services Committee 16 September 2014). 
Mrs Lydia Simpson - 43 Duffus Crescent Elgin Moray IV30 5PY - O
Mrs Amelia Mccallion - 12 Duffus Place Elgin Moray IV30 5PB - O
Mrs Pauline Hamilton - 2 Duffus Crescent Elgin Moray IV30 5PY - O
Miss Joanne Milligan - 10 Kintrae Rise Elgin Moray IV30 5ND - O
Mrs Angela McConnell - 24 Birch Avenue Elgin Moray IV30 5NE - O
Gilly Mackay - 22 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Stewart Henderson - 18 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Kenny Simpson - 43 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Scott McCallion - 12 Duffus Place Elgin Moray IV30 5PB - O
Mr Peter Farley - O
Wendy Brash - O
Mrs Stephanie Bayliss - 11 Duffus Place Elgin Moray IV30 5PB - O
Mr Alan McConnell - 24 Birch Avenue Elgin Moray IV30 5NE - O
Mr Douglas Low - 4 Duffus Crescent Elgin IV30 5PY - O
Mr Kelvin Hirst - O
Mr John Vincent - 26 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Fraser Shaw - 44 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Robert Thain - 7 Roseisle Place Elgin Moray IV30 4NX - O
Mr Justin Morris - 17 Covesea Rise Elgin IV30 4PN - O
Ms Pauline Wheat - 10 Duffus Place Elgin Moray IV30 5PB - O
Mr Mark Booth - 50 Duffus Crescent Elgin Moray IV30 5PY - O
Ms Lorraine Pirrie - O
Ms Rebecca Ferguson - R
Mr Ryann Ferguson - R
Mrs Elizabeth Harrold - 6 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Richard Erker - 24 Duffus Crescent Elgin Moray IV30 5PY - O
Mrs Suzanne Russell - 22 Dunbar Gardens Elgin Moray IV30 5ZH - O
Mrs Shona Marnoch - 7 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Darryl Smith - 34 Duffus Crescent Elgin Moray IV30 5PY - O
Mr Douglas Low - 4 Duffus Lane Elgin Moray IV30 5PD - O
Mrs Tracey Picksley - 5 Duffus Lane Elgin Moray IV30 5PD - O
Mr And Mrs Will - 6 Duffus Lane Elgin Moray IV30 5PD - O
Miss Lisa Stewart - 18 Duffus Crescent Elgin Moray IV30 5PY - O
Olivia Hirst - 20 Duffus Crescent Elgin Moray IV30 5PY - O
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Mr Keith Paterson - 22 Duffus Crescent Elgin Moray IV30 5PY - O
Miss Emma Davidson - 24 Duffus Crescent Elgin Moray IV30 5PY - O
Mrs Shona Vincent - 26 Duffus Crescent Elgin Moray IV30 5PY - O
Mr David McLeod - 28 Duffus Crescent Elgin Moray IV30 5PY - O
Spynie Dentral Centre - Dental Unit Spynie Hospital Duffus Road Elgin IV30
5PW - R
Dr Iain Bufton And Dr Laura Bufton - 12 Duffus Crescent Elgin Moray IV30 5PY
- O
Mr Paul Woods - 10 Duffus Crescent Elgin Moray IV30 5PY - O
Amanda Proctor - O
Mrs Kirsty Joy - 12 Kintrae Rise Elgin Moray IV30 5ND – O 
Issue: There are Council houses at Findrassie and affordable housing has
already been provided at Hamilton Gardens.
Comment (PO):  The Council’s Housing Need and Demand Assessment
highlights a significant requirement for affordable housing in Moray and
providing affordable housing is a key priority for the Council.  Each
development must be considered on its own merits.  Under the current local
plan all developments must have at least 25% affordable housing or equivalent. 
The current proposal is a stand-alone scheme for affordable housing that will
contribute towards meeting housing needs in Moray.  It does not include part of
the affordable housing ‘quota’ for any other development.   
Issue: Affordable housing will result increased crime and anti-social behaviour.
Comment (PO):  This is a generalisation and speculative comment.  Crime and
anti-social behaviour are matters for the Police and other relevant authorities.   
Issue: Affordable housing should not be provided alongside private houses.
Comment (PO):  This development will contribute towards meeting housing
need in the area.  Generally tenure integration is sought but in order to meet
need some fully affordable developments are required.  The location on a
designated house site alongside established residential developments is
considered to be a good location to provide this within the community. 
Issue: Affordable housing should be mixed in and not provided in ‘stand-alone’
developments.
Comment (PO):  Where possible a mix of tenures should be provided but in
order to address housing need developments that are exclusively for affordable
housing are required.   
Issue: Terraced housing is not in keeping with the detached houses on
neighbouring plots.
Comment (PO):  A mix of house types is proposed including some detached
properties.  It must be recognised that there is a need for a range of house
types and sizes and this development seeks to address that.   
Issue: The number of units proposed is overdevelopment of the site and the
density is too high.
Comment (PO):  The original proposal was for 62 units this has now been
reduced to 49.  The indicative capacity of the site identified in the R14
designation is 50 units.   This density of development is considered acceptable
for this site with sufficient open space and green areas provided.
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Issue:  The style of the proposed houses is not in keeping with those built
nearby.
Comment (PO): The proposed houses are not designed in a conventional
suburban style but are based on traditional form and foot prints.  A mix of styles
contributes to greater character and the avoidance of ‘anywhere’ development. 
It is noted that a mix of styles is already present in Duffus Crescent to the north
where different developers have been involved in bringing forward development
over an extended period and styles have changed.   Hamilton Gardens also
hosts a diversity of house styles and materials. 
Issue: The red roof is not in keeping with neighbouring developments.
Comment (PO): Red roofs are to be provided on key buildings throughout the
development.  This will provide distinctiveness and allow for orientation through
the site where rooves will be finished in most grey sheeting.  The red roofs
reflect the colours of the surrounding landscape and finds some precedent in
existing houses.   
Issue: Two storey houses are not needed in Elgin.
Comment (PO):  The housing mix reflects the range of needs identified in
Moray.   
Issue: Houses will be built on a raised plateau.
Comment (PO):  The existing mound in the northern part of the site is to be
removed as detailed on the section drawings.   
Issue: Loss of privacy. 
Comment (PO): A 1.8m fence will protect privacy of existing properties to the
north and north west. A specific ‘north variant’ of the H type is now proposed
which has no upper floor windows other than bathrooms on the northern
elevation to prevent overlooking or loss of privacy to the north.   
Issue:  Inadequate distance between the proposed houses and existing
properties.
Comment (PO): The Council has no specific guidance on separation distances
and each case is judged on its own merits.   The properties to the north are
between 10m and 12m from the northern boundary with the exception of the
corner plot (37) which is approximately 6m from its northern boundary.   The
distances between the houses varies between 16m and 23m as a number of
the existing properties have had extensions to the rear.  To the west distance
between the proposed houses and the western boundary vary between 11m
(due to the projection to the rear of plot 35 & 36) and 16m.  It is noted that the
house on plot 37 is further away from the existing house to the west than the
existing house to the north is to the existing house to its west.    The separation
distances are acceptable in the context of an existing residential area. 
Issue: Loss of natural light and overshadowing of existing houses immediately
to the north and north-west.
Comment (PO):  The relationship between the proposed houses to the north
and west of the site and the existing houses is indicated on the submitted.  The
proposed houses vary between 16m and 20m from the houses to the north.
The houses to the west are all more than 20m away from the proposed houses.
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These houses are considered to be sufficiently separated from neighbouring
houses to avoid any undue impact.  Plot 37 which sits on the corner of the site
is 8m from the existing house to the north.  The existing houses is orientated so
that a side elevation faces the new development with minimal amenity space
between the new and existing house.   
Issue:  The houses on Duffus Crescent sit at a lower level than the application
site which will increase overlooking.
Comment (PO):  The change in levels is noted but it is not so great that the
proposed houses will tower over the existing houses to the north.  It should also
be noted that the existing mound in the northern part of the site is to be
removed as detailed on the proposed section drawings.   
Issue: Plots 40-43 should be changed to bungalows in line with plots 37-39.
Comment (PO):  The changes in the northern part of the site principally reflect
the desire to retain as many trees as possible.  It is recognised the change to
bungalows does reduce the impact on some properties.  The houses proposed
on 40-43 have no upper floor windows (other than bathrooms) on that elevation
and the existing houses to the north are also two storey. In this context this is
considered to be acceptable and there is sufficient separation between
buildings.   
Issue: Plots 35 & 36 will overlook the houses to the west.
Comment (PO):  A semi-detached Jb house type is proposed here.  Each unit
has three upper floor windows on the upper floor one of which is a bathroom in
each case.  These windows are not on the part of the building that projects
towards the houses to the west.  The existing house to the south west of plot 37
is orientated at angle away from the proposed building on plots 35 and 36.  The
house to the north west of plot 36 sits further north than the proposed house. 
There may be some overlooking of the area around that properties garage
which is in the south eastern corner of the site.  This is considered to be
acceptable in this context.   
Issue: Loss of green space.
Comment (PO):  It is recognised that the development will result in the loss of
what is currently open space but this is a designated housing site (Elgin R14) in
the MLDP 2020 and until recently the site was occupied by Spynie hospital.   
Issue: The impact on ground breeding birds.
Comment (PO):   The phase 1 habitat survey submitted as part of the
application recognise that there was potential for ground nesting birds to be
present particularly in the wooded and scrub covered areas although it was
noted that any nests on open parts of the site would be at high risk of predation
in this location.  Ground nesting birds and their nests are protected by the
Wildlife and Countryside Act 1981 (as amended).  In line with the requirements
of the act the survey recommends that felling and vegetation clearance takes
place outwith the bird breading season or where that is not possible pre-start
checks must be made.  Where a nest is found an exclusion zone should be put
in place until the nest is no longer active.  A condition is recommended
reflecting the recommendations contained in the habitat survey.   
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Issue: Two trees (5070 & 5085) with bat roost potential are identified but a
further survey is only provided for one.
Comment (PO):  The tree recorded as 5085 is to be retained therefore no
further investigation is required.  The tree recorded as 5070 was identified by
the tree surveyor as having bat roost potential.  A bat roost potential survey of
this tree was subsequently undertaken by a licenced bat worker and found no
evidence of a bat roost and concluded that due to the density of the canopy, the
absence of cavities, lack of complexity of the stems and absence of raised or
damaged back the bat roost potential of this tree was negligible.   
Issue: Mature Trees should be protected.
Comment (PO):  There are estimated to be more than 900 trees on site and
491 are to be retained.  The trees in the southern part of the site which bound
Duffus Road are of high value and contribute significantly to the character of
the site and the wider area.  These trees are largely to be retained except for
62 trees which are either unsuitable for retention or identified as category C
trees which will be removed as part of a positive woodland management
programme.  A further 351 trees will be removed across the site.  This includes
34 individual trees (of which 15 are category B and 6 category C) and two
groups of category C trees.  The number of houses proposed has been
reduced by 4 to allow for additional tree retention.   Overall 413 trees will be
removed while 740 will be planted across the site.   
Issue: Habitat should be protected.
Comment (PO):  An extended phase 1 habitat has been carried out.  This
found that while the site was well connected there was no direct evidence of
protected species or their habitats.  Several trees with bat roost potential were
identified but none of these are to be removed.  Pre-start surveys for bats,
squirrel and badger are recommended.   
Issue:  The northern part of the site forms part of a wildlife corridor.
Comment (PO):  This is not a formal designation.  The phase 1 habitat survey
recognised that the site was well connected but no evidence of bat roosts,
squirrel dreys, badger sets or similar.  It is noted above that pre-start surveys
are recommended.  The existing mature trees along the boundary with Duffus
Road are largely to be retained and the proposed planting within the site will
provide ‘ecological stepping stones’ for wildlife.   
Issue: The original tree survey was not comprehensive.
Comment (PO):  A revised tree survey has been provided along with tree
schedule, tree constraints plan, tree protection plan and detailed tree retention
strategy. 
Issue: Contamination of the site must be fully considered.
Comment (PO):  A condition is recommended requiring the submission of a
detailed to plan to deal with contamination across the whole site. It is noted that
the former buildings had already been removed from the site prior to the current
application being submitted. 
Issue: Construction noise and disruption.
Comment (PO): Following consultation with Environmental Health conditions
are recommended to control construction working hours and requiring the
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submission of a Construction Environmental Management Plan (CEMP) to
include measure to deal with noise, dust and artificial lighting during
construction. 
Issue: Increased noise and noise protection measures only proposed in
relation to road noise.
Comment (PO):  A Noise Impact Assessment has been provided which
principally deals with the impact of noise from Duffus Road and mitigation
measures are proposed in relation to that.  Noise associated with construction
will be managed through a Construction Environmental Management Plan
(CEMP) which it is recommended is sought by condition.  Noise associated with
the houses will be at a level in keeping with a residential area in a town and no
specific mitigation is considered necessary.   
Issue: Providing a connections outwith the site to existing estates would
require crossing of private land and would undermine the amenity of adjoining
properties. 
Comment (PO):  The proposed paths will be provided as shown on the plans
up to the boundary of the site.  Any connection beyond on that onto private land
would be a civil matter between the relevant parties.   
Issue: Increased traffic.
Comment (PO): The development will result in an increase in traffic however
the Transportation Manager is content that the current road infrastructure can
accommodate this scale of development.  The level of traffic is in keeping with
a location such as this which is within an existing settlement. 
Issue: The ability of the wider road network and in particular junctions to
accommodate the development.
Comment (PO):   A Transport Assessment has been provided which includes
an assessment of the impacts on the wider road network and in particular on
the Morriston Road/Brumley Brae junction and Morriston Road/Duffus Road
(B9012) junction. It is noted in response to the CC above that while impacts
were identified at certain times of day an assessment of the junction capacities
at these junctions demonstrated that these junctions would be anticipated to
operate within capacity for the future year with the completed development. 
The Transportation Manager advises that no mitigation is required at these
junctions for the current application. 
Issue: The section of Duffus Road between Spynie Avenue and Hamilton Drive
should become a ‘no waiting’ area. 
Comment (PO):  Conditions can only be imposed to address matters arising
from the development under consideration.  The Transportation Section has not
recommended this change in relation to this application.   
Issue: Assessment of existing traffic movements should not take place during a
pandemic
Comment (PO):  The changes brought about by the pandemic were accounted
for in the consideration of the application.   
Issue:  There is a requirement for a pedestrian crossing of Duffus Road.  The
proposed location of this is not safe due to speeding traffic.
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Comment (PO): The provision of a pedestrian crossing is proposed and its
position has been subject of consideration.  The Transportation Manager has
no objection to this in principle but some concerns were identified in the Traffic
Assessment and further information is required to assess this.  Traffic breaking
the speed limit is a matter for the Police.   
Issue:  The location of the access is dangerous.
Comment (PO):  The access to be used is one of two existing accesses to
Duffus Road.  The other access will be closed to vehicular traffic.  The
Transportation Manager has not objected to the intensification of the use
subject to conditions relating to the visibility splay.   
Issue: Lack of parking.
Comment (PO):  The Transportation Manager is content that the level of
parking is in accordance with the Moray Parking Standards. A condition is
recommended to ensure that it is timeously provided and at the required level.   
Issue: The Transport Assessment is incomplete and not comprehensive.
Comment (PO):  There was detail missing from the original submission The TA
has now been accepted by the Transportation Section.   
Issue: A footway is required along the north of Duffus Road.
Comment (PO): A 2m wide footway is proposed on the north side of Duffus
Road to the west of the access.  A condition is recommended requiring further
details of this to be submitted and agreed.   
Issue:  The adjoining site is subject to issues with surface water flooding and
this development will exacerbate this.
Comment (PO):  A Drainage Impact Assessment has been submitted and
amended drainage layout forms part of the application.  The Flood Risk
Management Team has no objection.  On the basis of the information provided
the development will not increase the risk of flooding on site or elsewhere. 
Issue: Healthcare, education and services are already overstretched.
Comment (PO): This is an allocated housing site therefore development on
this site forms part of future strategic planning.  A developer obligation towards
healthcare is sought, with no other obligations sought. 
Issue: Community comments from the pre-application events were ignored.
Comment (PO): A report on the statutory pre-application process was
submitted as part of the application.  This sets out the process that was
undertaken which was in line with statutory requirements and identifies
responses to points raised.  The purpose of Pre-application Consultation is for
communities and stakeholders to comment.  Developers must take cognisance
of this but are not necessarily required to make changes in response to every
point raised. Furthermore where the development is otherwise acceptable or
the PAC public comments are not planning related or proportionate to the
proposal they may not be pulled through to a final development. 
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Issue: The site should remain in NHS use.
Comment (PO):  The application must be assessed as presented, and any
separate decision to cease the use of the site for NHS purposes was taken
separate from the current planning process. 
Issue: The site is fully affordable so it is not clear why does the Council
Housing Section consultation response asks for provision to ensure that
affordable and accessible housing requirements are considered if any of the
plots change tenure.
Comment (PO): This is standard practice in relation to affordable housing.  A
condition is recommended to ensure that the units remain affordable housing. 
Planning Permission would therefore be required to change the tenure and the
need for affordable and accessible housing would be considered as part of that
application.   
Issue: The lodging of the application during the pandemic disadvantaged those
without out internet access.
Comment (PO):  The application was advertised in the Northern Scot in line
with statutory requirements.  Neighbour Notification has been carried out on
three separate occasions due to changes to the plans. The national emergency
planning legislation put in place to cover the pandemic has been followed but it
is acknowledged that the access to paper public records was diminished over
the pandemic, but this could not be allowed to stall the planning system or
wider economic development.   
Issue: Costs of the development to the Council.
Comment (PO): This is not a material consideration in the assessment of the
planning application. The Council has an obligation and budgets for housing
provision. 
Issue:  The dentist should not be included. 
Comment (PO):  The existing dental practice is not within the application site
boundary. 
8.   OBSERVATIONS 
8.1  Section 25 of the 1997 Act as amended requires applications to be determined
in accordance with the development plan i.e. the adopted Moray Local
Development Plan 2020 (MLDP) unless material considerations indicate
otherwise. The main planning issues are considered below: 
8.2   Principle of Development (DP2 & Elgin R14) 
The site is identified as Elgin R14 in the MLDP 2020 and the designation text
states that it has an indicative capacity of 50 units.  The site was previously
occupied by the former Spynie Hospital which has now been demolished.    The
Council’s Housing Need and Demand Assessment highlights a significant
requirement for affordable housing in Moray and providing affordable housing is
a key priority for the Council.  The current proposal is a stand-alone scheme for
affordable housing that will contribute towards meeting housing needs in
Moray.  This application is an application for housing on a designated housing
site.  It proposes the re-development of a brownfield site within the town and
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will address housing need in the area.  The principle of development is
therefore acceptable and in line with the MLDP designation R14.   
8.3   Placemaking, Design and Materials (PP1 & DP1)  
The proposal was subject to the Quality Audit (QA) process to access
compliance with policy PP1.  The proposed layout has changed significantly
since the original submission to address a number of concerns in relation to
placemaking and issues in relation to trees as noted below.   Two units that
were sited within the central green area have been removed to create a more
cohesive development.  Other units have been omitted to allow for greater tree
retention.  Plots 39-40 on the original plan have been changed from two semi-
detached houses to a single bungalow.  Plots 43-44 on the original layout have
been changed from semi-detached houses to bungalows.   The overall number
of units has been reduced from 54 in the original submission to 49 in the
current proposal.   Greater clarity and distinction has been added to the
character areas and key buildings given greater emphasis.  The parking layout
has also been altered to ensure that the development meets the requirement to
have at least 50% of the parking behind the building line.  The table below
demonstrates the proposal has gone from attracting reds in the initial QA to
achieving green in each relevant category in the final QA.   
Design Principle Initial
Score
Final
Score
Mitigation/Condition Necessary to Score
Green
Character &
Identity  
Compliant with policy requirements.
Healthier, Safer,
Environments  
Condition relating to the provision of
public art ensuring it reflects cultural
associations including a timeframe for
delivery and maintenance arrangements. 
Housing Mix N/A N/A Site is for 100% affordable homes 
Open
Space/Landscaping  
Condition ensuring that a plan showing
details of the proposed equipment
(including surfacing) to ensure these
meet accessible needs is provided prior
to commencement.   
Condition requiring details for
maintenance arrangements. 
Biodiversity   Condition ensuring that hedgehog
highways are provided between plots as
well as numbers and locations of all bat
and bird boxes. 
Car Parking   Compliant with policy requirements. 
Street Structure,
Layout and Detail  
Compliant with policy requirements. 
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8.3.1  The placemaking statement makes clear that a development of identify and
character will be created.  The character and identity of the site based around
the landscape and colours of the existing area.  Six different house types are
proposed.  Type A are 1 bedroom flats arranged in two storey blocks, Type B
are 2 bedroom bungalows, Type H (and north variant) are 3 bed two storey
houses, Type Ja is a 4 bedroom two storey house, Type Jb is a 4 bedroom two
storey house, type F is a 3 bedroom bungalow and Type K is a 4 bedroom
bungalow.  The houses have traditional basic foot prints and symmetrically
pitched roofs. The houses are relatively simple in style and avoid excessive
detailing.   The proposed development will create a distinctive development that
is rooted in typical architectural forms and styles of the area.  The form and
style is different from adjoining developments which are more suburban in style
but will form an acceptable contrast in terms of style and finish.  It is noted that
a mix of single and two storey houses are already found in adjoining
developments and this mix is acceptable in this location.   
8.3.2  Three character areas are proposed.  This loosely follows the three streets that
are to be formed.  The northern character area will have houses with pale off-
white render with blue grey stained timber entrances.  In the central Main
Avenue character area a warmer darker render will be used with grey green
timber entrances.  In the southern character area the houses will be timber clad
with burnt red cladding at the entrance.  All the houses will have a corrugated
grey metal roof.  Key buildings have been introduced in each character area. 
These will have dark stained timber walls with sand yellow entrances and red
metal on the roof.  Different street materials will also be used within each
character area.  The use of different materials will help to create distinctive
character and identify while still creating a cohesive overall development.  The
identification of key buildings will improve legibility through the site and add
visual interest to the development.  All the proposed materials will relate well to
the surrounding landscape and while they will not match adjoining development
they will form an acceptable contrast.   
8.3.3  In relation to healthier and safer environments a number of improvements have
been made relating to road safety and to ensure acceptable levels of natural
surveillance.  Details of street naming have been provided all or which include
the name Spynie which continues the historic naming pattern of the site. 
Details of public art are still to be finalised but a strategy has been provided
which proposes artworks based on the management of water and the changing
landscape which characterise the area.  A condition is recommended to control
this.   The landscaping and open space are discussed in more detail below  but
are now acceptable and will help to integrate the development into the wider
landscape.  It is noted below that adequate proposals for biodiversity
enhancements are proposed through the biodiversity plan.  The parking is now
acceptable in both quantitative and qualitative terms and the Transportation
Manager has no concern in relation to parking, street structure or layout.   
8.3.4  The proposal achieved greens in each relevant category of the QA and
therefore subject to the recommended conditions complies fully with policy
PP1. 
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8.4   Amenity (DP1) 
The development is sited and designed in a manner that will ensure an
acceptable level of amenity for new residents.  The impact on the amenity of
existing houses has also been considered and judged to be acceptable.  It is
noted in response to representations above that an additional ‘north variant’
type H has been introduced which has only bathroom windows on the upper
floor which will prevent overlooking of properties to the north.  The two storey
house on plots 35 and 36 is sited and orientated such that there will be minimal
direct overlooking from upper floor windows.  The boundary fences will prevent
any loss of privacy on the ground floor.  It is also noted in response to
representations that the Council has no specific guidance on separation
distances and each case is judged on its own merits.   The properties to the
north are between 10m and 12m from the northern boundary with the exception
of the corner plot (37) which is approximately 6m from its northern boundary.  
The distances between the houses varies between 16m and 23m as a number
of the existing properties have had extensions to the rear.  To the west distance
between the proposed houses and the western boundary vary between 11m
and 16m.    The separation distances are typical of a residential area of this
kind.  It is noted above that the existing house to north of plot 37 is closer to the
existing property to its west than plot 37 is to the house to its west.  The
separation distances are considered to be acceptable in this context.  Along the
northern boundary a mix of single and two storey are proposed.  The houses to
the north are two storey.  There is a slight change of levels but this is not such
that the proposed houses will dominate the existing houses.  The relationship is
considered to be acceptable and in keeping with the character of the existing
development.  Overall it is concluded that the development will not have an
overbearing impact on the amenity of residents of existing houses.  The
proposal therefore accords with policy DP1 (i)(e) and will not diminish
neighbouring amenity to an unacceptable level. 
8.5   Impact on Trees (EP7) 
There is mature woodland in the south west of the sound bounding Duffus
Road.  Across the site there is more sporadic tree cover associated with the
previous hospital use.  There are also trees in the northern part of the site along
with more scrubby growth and bushes.  The application is supported by a tree
survey and accompanying report, a tree protection plan and a written document
setting out the tree retention strategy.  It is noted in the supporting documents
that tree numbers have been corrected and clarified during the course of the
application and that the proposals for tree removal have been revised.   
8.5.1  Policy EP7 presumes against tree removal for development.  Trees surveys
categorise trees as A, B,C or U (unsuitable for retention) according to BS5837
and the policy requires that category A and B trees must be retained unless it is
technically unfeasible to do so and category C trees to be retained as far as
practicable and appropriate.   In this case the survey identifies three distinct
areas of the site – the mature woodland bounding Duffus Road in the south
west of the site, the central part of the site and the northern part of the site. The
trees in the southern part of the site which bound Duffus Road are of high value
and contribute significantly to the character of the site and the wider area. 
These trees are largely to be retained although 61 trees which are either
unsuitable for retention or identified as category C trees will be removed as part
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of a positive woodland management programme.  This is acceptable in terms of
the policy. 
8.5.2  In the central part of the site previously occupied by the hospital 18 individual
trees are proposed for removal.  These trees were part of the hospital
landscaping and have entirely lost their setting and context.   Nine of these are
category B and 3 are category C.  The rest are U category.  Four of the
category B trees and one of the category C trees need to be removed to
accommodate the main access through the site including to ensure sufficient
space for emergency and refuse vehicles.  Two category B trees and two C
trees conflict with the siting of the proposed SuDs basin which technical
assessment has concluded is best sited in the location shown.  Two category B
trees are to be removed to accommodate the new road layout.  In the interests
of good placemaking this is considered to be acceptable in this instance.   In
the northern part of the site two groups of tree identified as category C totalling
318 trees and 16 individual trees category B, C and U are to be removed.  The
groups need to be removed due to their scrubby and dense composition. 
These appear to be largely self-seeded trees which have taken hold on vacant
land including the artificial mound in the northern part of the site.  They do not
form part of the long established character of the area in the way that the
woodland in the south and west does and their removal is considered to be
acceptable.  Six of the individual trees in the northern part of the site (Four
category B and two category C)   are self-seeded trees which encroach on a
utilities wayleave and therefore have to be removed.   Three other category B
trees and to make way for the proposed path connection to the north. One
category C tree is proposed for removal to accommodate the house on plot 37. 
It cannot be retained without severely compromising the root system. Given
that it is a category C tree and the overall benefits of providing affordable
housing in this location the removal of this tree is considered to be acceptable.   
8.5.3  In total 413 trees will be removed between the woodland and the wider site. 
Plots have been removed from the north and east of the site and the overall
number of units reduced to allow for greater tree retention.  The removal of
category B and C trees is thoroughly justified n the tree mention strategy
document.  While tree removal is generally resisted it is recognised that a
thorough technical justification has been provided in this case and significant
steps including the removal of plots have been taken to avoid tree removal. 
Given the justification provided tree removal is considered to be acceptable in
this location.   
8.5.4  Policy EP7 requires compensatory planting on a one for one basis.   In this
case extensive tree planting is proposed through the site.  This consists of 22
species trees to be planted throughout the site, 91 trees to be planted in the
street and 627 to be planted in the woodland.   In total proposed planting of 740
trees is proposed which will be a net gain of 327 trees across the site.  This is
detailed in the submitted landscaping plans.  A condition is recommended
requiring the submission of an implementation plan setting out when the
different elements of the planting scheme including tree planting will be
provided.  A condition is recommended to ensure the protection of retained
trees.  Subject to the recommended conditions the proposal complies with
policy EP7.   
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8.6   Impact on Species and Habitats and Biodiversity (EP1 & EP2)
An Extended Phase 1 Habitats Survey has been submitted as part of the
application.  The site is well connected and likely to be used by a range of
wildlife however, the survey found that outwith the mature woodland to the
south west which is largely to be retained the site provided limited opportunities
for habitats and no direct evidence of protected species was found on the site. 
Pre-construction surveys for bats, red squirrel and badger are recommended in
the report and these form part of the recommended conditions.  It is also
recommended that a CEMP is sought by condition which must cover
arrangements for the discovery of any unforeseen protected species on site.   
8.6.1  The bat roost potential of the trees was investigated.  It is noted in response to
representations above that additional work was required to confirm that no
trees with bat roost potential was to be removed.  The tree recorded as 5070
was identified by the tree surveyor as having bat roost potential.  A bat roost
potential survey of this tree was subsequently undertaken by a licenced bat
worker and found no evidence of a bat roost and concluded that due to the
density of the canopy, the absence of cavities, lack of complexity of the stems
and absence of raised or damaged back the bat roost potential of this tree was
negligible.   
8.6.2  Suitable nesting habitat was recorded across the Survey Area, particularly the
woodland and scrub areas to the north where remnant bird nests from previous
years were recorded.  The bare ground offers opportunities for nesting however
the study noted that there is limited protection and high levels of predation was
likely.  Ground nesting birds and their nests are protected by the Wildlife and
Countryside Act 1981 (as amended).  In line with the requirements of the act
the survey recommends that felling and vegetation clearance takes place
outwith the bird breading season or where that is not possible pre-start checks
must be made.  Where a nest is found an exclusion zone should be put in place
until the nest is no longer active.  A condition is recommended reflecting the
recommendations contained in the habitat survey.   
8.6.3  Subject to the recommended conditions the proposals comply with policy EP1.   
8.6.4  Policy EP2 requires all developments to protect and enhance biodiversity and
proposals for 4 or more houses are required to submit a biodiversity plan.  The
plan submitted with this application identifies a range of biodiversity
enhancements.  There were be a range of different habitats including the
mature woodland which is to be retained along with the creation of wetland
areas around the suds infrastructure. The planting within streets and green
space throughout the site will provide ‘ecological stepping stones’ for wildlife
and offer habitat opportunities.    Bat boxes and bird boxes are to be installed
and a condition is recommended to ensure that these facilities are timeously
provided.  A further condition is recommended to secure the provision of
hedgehog highways between plots. The proposals will ensure that the
development includes many features that are positive for biodiversity.  Subject
to conditions the proposals accord with policy EP2. 
8.7   Landscaping and Open Space (PP1 & EP5) 
A detailed landscaping plan is provided.  This provides for a variety of planting
including shrubs, trees and wildflowers.  The plans include structural planting of
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trees and woodland ‘understorey’ , specimen tree planting throughout the site ,
hedge planting , shrub and groundcover planting including within the roadside
swales and grass and wildflower seeding.  The range of planting proposed will
serve to reinforce the wooded character of the site and create a strong sense of
place.  It will also provide opportunities for biodiversity enhancements.  A
detailed maintenance plan is also provided.  No information on the timing of
planting has been provided with the application.  This will inevitably vary across
the site and each element of the landscaping proposal.  It is anticipated for
example that structural woodland planting would be carried out at an early
opportunity while some elements would be difficult to provide while construction
works were ongoing.  It is therefore recommended that a detailed
implementation plan is sought by condition to set out the timescales for
provision of all elements of the landscaping.  This will require all planting to be
carried out no later than the first planting season following completion of the
development.  The proposal complies with the landscaping requirements of
policy PP1(iv). 
8.7.1  Policy EP5 requires all development to meet quantity and quality standards for
open space.   Developments must achieve a quality score of no less than 75%
and proposals of between 10 and 50 units such as this ae required to provide a
minimum of 15% open space.   The proposals show open space throughout the
development centred on a central green area which will contain a play park and
kickabout pitch and benches.  There is also an ‘orchard’ area to the east which
provides raised beds potentially for food production.  A tree covered area in the
north of the site is now to be retained along with the wooded sections along the
boundary with Duffus Road.  There will also be planting along the streets which
help create the sense of a green network throughout the development.   The
level and range of open space provided is considered to be acceptable for a
development of this scale and the quantity of open space provided meets the
requirements of the policy.  An indicative schedule of play equipment has been
provided but a condition is recommended requiring that final details are
provided which much include provision for equipment that is accessible to those
with a range of additional physical and sensory needs.  Notwithstanding the
requirement for additional play park details the proposal was assessed against
the quality criteria and scored over 75% meaning that it is deemed to comply
with policy.  The open space provision accords with policy EP5 and the
landscaping requirements of policy PP1 (iv). 
8.8   Access and Parking (DP1) 
There are currently two accesses to the application from Duffus Road.  The
access to the south east is to be made into a cycle path and there will be no
vehicular access at this point.  The exiting access to the west of the bus stop
will become the only access to the site and will provide access to the dentist
and nursing home beyond.   The Transportation Manager has no objection
subject to conditions to ensure adequate visibility at the access.  Conditions are
also recommended to secure visibility within the site including the removal of
permitted development rights for development in service strips along plot
frontages.   
8.8.1  A Transport Assessment (TA) has been provided which includes an
assessment of the impacts on the wider road network and in particular on the
Morriston Road/Brumley Brae junction and Morriston Road/Duffus Road
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(B9012) junction. It is noted in response to the Community Council above that
while impacts were identified at certain times of day an assessment of the
junction capacities at these junctions demonstrated that these junctions would
be anticipated to operate within capacity for the future year with the completed
development.  The Transportation Manager advises that no mitigation is
required at these junctions for the current application. 
8.8.2  The provision of a pedestrian crossing is proposed.    The submitted TA
highlights some concerns with the current proposal and while it is considered
acceptable arrangements can be agreed these have yet to be provided. 
Conditions are therefore recommended to secure the provision of detailed
information regarding an acceptable solution to ensure that it is provided in a
timely manner. 
8.8.3  At present there is no continuous footway along the north side of Duffus Road
from the proposed site to access to the existing cycle path to the west.  A
condition is therefore recommended to secure this.   
8.8.4  The Transportation Manager is content that the level of parking is in
accordance with the Moray Parking Standards.  Further details of cycle storage
and EV charging are required but the submitted information but locations have
been identified. Conditions are recommended to secure these elements. 
8.8.5  It is also recommended that a construction phase traffic management plan to
ensure that construction traffic is effectively managed.   
8.8.6  In addition to the vehicular access three potential connections are provided
which will allow access to the existing woods to the east and to the existing
development to the north.  The Access Manager has no objection to the
amended plans.   
8.8.7  The proposal accords with policy DP1 (ii).   
8.9   Drainage & Flood Risk (EP12 & EP13) 
A Drainage Impact Assessment has been submitted and amended drainage
layout forms part of the application.    Surface water drainage will be dealt with
via a network of swales and filter trenches and a suds pond.  The swales have
been integrated into the road verges and green spaces to create an effective
blue green network throughout the site.   Parts of the site are identified on the
SEPA flood maps as being at risk of surface water flooding.  However, the
submitted information demonstrates that surface water will be effectively
managed and on the basis of the information provided the development will not
increase the risk of flooding on site or elsewhere. The Flood Risk Management
Team and SEPA have no objection. 
8.9.1  The development will be connected to the public sewer and water supply. 
Scottish Water has no objection.   
8.9.10  The proposal accords with policies EP12 & EP13.   
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8.10   Contaminated Land (EP14) 
There is potential for land contamination due to the previous use of the site. 
This has been partially investigated and a remediation plan provided.  The
remediation plan is acceptable in principle however, the investigation did not
include the area of land in the northern part of the site.  A condition is therefore
recommended to ensure that the whole site is fully investigated and appropriate
remediation is provided across the site as necessary.  Subject to the
recommended condition the proposal accords with policy EP14.   
8.11   Noise (EP14) 
The development will lead to some noise and disruption during construction. 
Conditions are recommended to control construction working hours and
requiring the submission of a Construction Environmental Management Plan
(CEMP) to include measure to deal with noise, dust and artificial lighting during
construction. 
8.11.1  An NIA has been provided which principally deals with the impact of noise from
Duffus Road and recommends the erection of noise proofing fence on some
boundaries that are close to Duffus Road.  This is required on rear gardens
only.  The fence will be 1.8m high and indicative images show it will have the
appearance of a typical garden fence.  It is recommended that details of the
final fence design are sought by condition.  Noise associated with the houses
will be at a level in keeping with a residential area in a town and no specific
mitigation is considered necessary. Subject to the recommended conditions the
development will not cause unacceptable pollution and accords with policy
EP14.   
8.12   Information Communication Technology (ICT) (PP3)
Policy PP3 Infrastructure & Services vii) requires development proposals to
incorporate the installation of Information Communication Technology and fibre
optic broadband connections (unless justification can be provided to show that
ICT is technically unfeasible). The provision of fibre optic IT cabling will be
sought by condition. 
8.13   Developer Obligations
Developer obligations of £118,164 are sought towards the extension of Maryhill
Medical Practice and five additional dental chairs.  This will be controlled by
means of a legal agreement reflecting the fact that this is a development by the
Council.   
Conclusion
The proposal seeks to redevelop a brownfield site which is identified for
housing in the MLDP.  The proposal accords with policy and has achieved
greens in the final Quality Audit.  Significant changes have been made to the
proposal to allow for more trees to be retained on site and to address
placemaking and amenity concerns.  The proposal is a well-sited and well-
designed development that will see a derelict site returned to use.  The
application is recommended for approval subject to the recommended
conditions and conclusion of a legal agreement in relation to Developer
Obligations.   
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REASON(S) FOR DECISION
The Council’s reason(s) for making this decision are: - 
The proposal accords with the provisions of the local development plan and
there are no material considerations that indicate otherwise. 
Author/Contact
Officer:
Lisa MacDonald           
Senior Planning Officer
Ext: 01343 563479 
Beverly Smith
Development Management & Building Standards Manager
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APPENDIX 
MORAY LOCAL DEVELOPMENT PLAN 2020 
POLICY 
R14 Spynie Hospital  2.85 ha 50 units 
• Buildings now demolished. 
• Bat and squirrel survey required. 
• Proposals must aim to maintain the woodland character of the site by incorporating
new tree planting.
• A Tree survey is required. 
• Consideration to de-culverting watercourse required. 
• Transport Assessment required. TSP 11 and 12 must be assessed. 
• Given the site's former use, a Contamination Assessment is required.
• Footpath and cycle links from Duffus Crescent to Duffus Road to be provided.
• Links to Core Path to south of site to be made. 
• Flood Risk Assessment (FRA) required.
• Drainage Impact Assessment (DIA) required.
• Pocket Park must be provided. 
PP1 PLACEMAKING 
a) Development must be designed to create successful, healthy places that support
good physical and mental health, help reduce health inequalities, improve people's
wellbeing, safeguard the environment and support economic development.   
b) A Placemaking Statement is required for residential developments of 10 units and
above to be submitted with the planning application to articulate how the
development proposal addresses the requirements of policy PP1 Placemaking and
other relevant LDP policies and guidance.  The Placemaking Statement must include
sufficient information for the council to carry out a Quality Audit.  Where considered
appropriate by the council, taking account of the nature and scale of the proposed
development and of the site circumstances, this shall include a landscaping plan, a
topographical survey, slope analysis, site sections, 3D visualisations, a Street
Engineering Review and a Biodiversity Plan.  The Placemaking Statement must
demonstrate how the development promotes opportunities for healthy living and
working. The landscape plan must set out details of species type, size, timescales for
planting and maintenance. 
c) To create successful, healthy places residential developments of 10 units and above
must comply with Scottish Government policy Creating Places and Designing Streets
and must incorporate the following fundamental principles: 
(i) Character and Identity
• Create places that are distinctive to prevent homogenous 'anywhere'
development;
• Provide a number of character areas reflecting site characteristics that
have their own distinctive identity and are clearly distinguishable;
• Provide distinctiveness between and in each character area through a
combination of measures including variation in urban form, street
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structure/network, architecture and masonry, accent features (such as
porches), surrounds and detailing, materials (buildings and surfaces),
colour, boundary treatments, hard/soft landscaping and a variety of
approaches to tree species and planting that emphasises the hierarchy of
open spaces and streets within a cohesive design strategy for the whole
development;
• Distinctiveness must be reinforced along main thoroughfares, open
spaces and places where people may congregate such as
shopping/service centres;
• Retain, incorporate and/or respond to relevant elements of the landscape
such as topography and planted features, natural and historic
environment, and propose street naming (in residential developments of
20 units and above, where proposed names are to be submitted with the
planning application) to retain and enhance local associations; 
(ii) Healthier, Safer Environments
• Designed to prevent crime, fear of crime and anti-social behaviour with
good levels of natural surveillance and security using treatments such as
low boundary walls, dual frontages (principal rooms) and well-lit routes to
encourage social interaction.  Unbroken high boundary treatments such
as wooden fencing and blank gables onto routes, open spaces and
communal areas will not be acceptable.
• Designed to encourage physical exercise for people of all abilities.
• Create a distinctive urban form with landmarks, key buildings, vistas,
gateways and public art to provide good orientation and navigation
through the development.
• Provide a mix of compatible uses, where indicated within settlement
statements, integrated into the fabric of buildings within the street.
• Prioritise pedestrians and cyclists by providing a permeable movement
framework that incorporates desire lines (including connecting to and
upgrading existing desire lines) and is fully integrated with the surrounding
network to create walkable neighbourhoods and encourage physical
activity.
• Integrate multi- functional active travel routes, green and open space into
layout and design, to create well connected places that encourage
physical activity, provide attractive spaces for people to interact and to
connect with nature.
• Create safe streets that influence driver behaviour to reduce vehicle
speeds that are appropriate to the local context such as through shorter
streets, reduced visibility and varying the building line.
• Provide seating opportunities within streets, paths and open spaces for all
generations and mobility's to interact, participate in activity, and rest and
reflect.
• Provide for people with mobility problems or a disability to access
buildings, places and open spaces.
• Create development with public fronts and private backs. 
• Maximise environmental benefits through the orientation of buildings,
streets and open space to maximise the health benefits associated with
solar gain and wind shelter. 
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(iii) Housing Mix
• Provide a wide range of well integrated tenures, including a range of
house types and plot sizes for different household sizes, incomes and
generations and meet the affordable and accessible requirements of
policy DP2 Housing.
• All tenures of housing should have equal access to amenities, greenspace
and active travel routes. 
(iv) Open Spaces/Landscaping
• Provide accessible, multi-functional open space within a clearly defined
hierarchy integrated into the development and connected via an active
travel network of  green/blue corridors that are fully incorporated into the
development and to the surrounding area, and meet the requirements of
policy EP5 Open Space and the Open Space Strategy Supplementary
Guidance and Policy EP12 Managing the Water Environment and
Drainage Impact Assessment for New Developments Supplementary
Guidance.
• Landscaped areas must provide seasonal variation, (mix of planting and
colour) including native planting for pollination and food production.
• Landscaping areas that because of their size, shape or location would not
form any useable space or that will not positively contribute to the
character of an area will not contribute to the open space requirements of
Policy EP4 Open Space.
• Semi-mature tree planting and shrubs must be provided along all routes
with the variety of approaches reflecting and accentuating the street
hierarchy.
• Public and private space must be clearly defined.
• Play areas (where identified) must be inclusive, providing equipment so
the facility is for every child/young person regardless of ability and
provided upon completion of 50% of the character area.
• Proposals must provide advance landscaping identified in site
designations and meet the quality requirements of policy EP5 Open
Space.
• Structural landscaping must incorporate countryside style paths (such as
bound or compacted gravel) with waymarkers.
•  Maintenance arrangements for all paths, trees, hedging, shrubs, play/
sports areas, roundabouts and other open/ green spaces and blue/green
corridors must be provided. 
v) Biodiversity
• Create a variety of high quality multi- functional green/blue spaces and
networks that connect people and nature, that include trees, hedges and
planting to enhance biodiversity and support habitats/wildlife and comply
with policy EP2 Biodiversity and Geodiversity and EP5 Open Space.
• A plan detailing how different elements of the development will contribute
to supporting biodiversity must be included in the design statement
submitted with the planning application.
• Integrate green and blue infrastructure such as swales, permeable paving,
SUDS ponds, green roofs and walls and grass/wildflower verges into
streets, parking areas and plots to sustainably address drainage and
flooding issues and enhance biodiversity from the outset of the
development.
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• Developments must safeguard and where physically possible extend or
enhance wildlife corridors and green/blue networks and prevent
fragmentation of existing habitats. 
(vi) Parking
• Car parking must not dominate the streetscape to the front or rear of
properties.  On all streets a minimum of 50% of car parking must be
provided to the side or rear and behind the building line with a maximum
of 50% car parking within the front curtilage or on street, subject to the
visual impact being mitigated by hedging, low stone boundary walls or
other acceptable treatments that enhance the streetscape.
• Provide semi-mature trees and planting within communal private and
public/visitor parking areas and on-street parking at a maximum interval of
4 car parking spaces.
• Secure and covered cycle parking and storage, car sharing spaces and
electric car charging points must be provided in accordance with policy
DP1 Development Principles.
• Parking areas must use a variation in materials to reduce the visual
impact on the streetscene. 
(vii) Street Layout and Detail
• Provide a clear hierarchy of streets reinforced through street width,
building density and street and building design, materials, hard/soft
landscaping and a variety of approaches to tree planting and shrubs.
• Streets and connecting routes should encourage walking and cycling over
use of the private car by providing well connected, safe and appealing
routes.
• Design junctions to prioritise pedestrians, accommodate active travel and
public transport and service/emergency vehicles to reflect the context and
urban form and ensure that the street pattern is not standardised.  
• Dead-end streets/cul-de-sacs will only be selectively permitted such as on
rural edges or where topography, site size, shape or relationship to
adjacent developments prevent an alternative more permeable layout.
These must be short, serving no more than 10 units and provide walking
and cycling through routes to maximise connectivity to the surrounding
area.
• Where a roundabout forms a gateway into, or a landmark within, a town
and/or a development, it must be designed to create a gateway feature or
to contribute positively to the character of the area.
• Design principles for street layouts must be informed by a Street
Engineering Review (SER) and align with Roads Construction Consent
(RCC) to provide certainty that the development will be delivered as per
the planning consent. 
(d) Future masterplans will be prepared through collaborative working and in partnership
between the developer and the council for Lochyhill (Forres), Barhill Road (Buckie),
Elgin Town Centre/Cooper Park, Elgin North East, Clarkly Hill, Burghead and West
Mosstodloch.  Masterplans that are not prepared collaboratively and in partnership
with the council will not be supported.  Masterplans that are approved will be
Supplementary Guidance to the Plan.¬¬¬ 
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(e) Proposals for sites must reflect the key design principles and safeguard or enhance
the green networks set out in the Proposals Maps and Settlement Statements.
Alternative design solutions may be proposed where justification is provided to the
planning authority's satisfaction to merit this.
PP2 SUSTAINABLE ECONOMIC GROWTH
Development proposals which support the Moray Economic Strategy to deliver
sustainable economic growth will be supported where the quality of the natural and built
environment is safeguarded, there is a clear locational need and all potential impacts can
be satisfactorily mitigated.
PP3 INFRASTRUCTURE & SERVICES
Development must be planned and co-ordinated with infrastructure to ensure that places
function properly and proposals are adequately served by infrastructure and services.
a) In relation to infrastructure and services developments will be required to provide the
following as may be considered appropriate by the planning authority, unless these
requirements are considered not to be necessary:
i) Education, Health, Transport, Sports and Recreation and Access facilities in
accord with Supplementary Guidance on Developer Obligations and Open
Space.
ii) Green infrastructure and network requirements specified in policy EP5 Open
Space, Town and Village Maps and, contained within Supplementary Guidance
on the Open Space Strategy, Masterplans and Development Briefs.
iii) Mitigation/modification to the existing transport network (including road and rail)
to address the impact of the proposed development in terms of safety and
efficiency. This may include but not be limited to passing places, road
widening, junction enhancement, bus stop infrastructure, and drainage
infrastructure. A number of potential road and transport improvements are
identified and shown on the Town and Village Maps as Transport Proposals
(TSP's) including the interventions in the Elgin Transport Strategy. These
requirements are not exhaustive and do not pre-empt any measures which may
result from the Transport Assessment process.
iv) Electric car charging points must be provided at all commercial and community
parking facilities. Access to charging points must also be provided for
residential properties, where in-curtilage facilities cannot be provided to any
individual residential property then access to communal charging facilities
should be made available. Access to other nearby charging facilities will be
taken into consideration when identifying the need for communal electric
charging points.
v) Active Travel and Core Path requirements specified in the Council's Active
Travel Strategy and Core Path Plan.
vi) Safe transport and access routes linking to existing networks and mitigating the
impacts of development off-site.
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vii)  Information Communication Technology (ICT) and fibre optic broadband
connections for all premises unless justification is provided to substantiate it is
technically unfeasible. 
viii)  Foul and surface water drainage, including Sustainable Urban Drainage
Systems (SUDS), including construction phase SUDS. 
ix)  Measures that implement the waste management hierarchy as defined in the
Zero Waste Plan for Scotland including the provision of local waste storage and
recycling facilities designed into the development in accord with policy PP1
Placemaking.  For major applications a site waste management plan may be
required to ensure that waste minimisation is achieved during the construction
phase. 
x)  Infrastructure required to improve or increase capacity at Water Treatment
Works and Waste Water Treatment Works will be supported subject to
compliance with policy DP1. 
xi) A utilities plan setting out how existing and new utility (including gas, water,
electricity pipelines and pylons) provision has been incorporated into the layout
and design of the proposal.  This requirement may be exempted in relation to
developments where the council considers it might not be appropriate, such as
domestic or very small scale built developments and some changes of use. 
b)  Development proposals will not be supported where they:
i)  Create new accesses onto trunk roads and other main/key routes (A941 & A98)
unless significant economic benefits are demonstrated or such access is
required to facilitate development that supports the provisions of the
development plan. 
ii)  Adversely impact on active travel routes, core paths, rights of way, long
distance and other access routes and cannot be adequately mitigated by an
equivalent or better alternative provision in a location convenient for users. 
iii)  Adversely impact on blue/green infrastructure, including green networks
important for wildlife unless an equivalent or better alternative provision will be
provided. 
iv)  Are incompatible with key waste sites at Dallachy, Gollanfield, Moycroft and
Waterford and would prejudice their operation. 
v)  Adversely impact on community and recreational sites, buildings or
infrastructure including CF designations and cannot be adequately mitigated. 
vi)  Adversely impact on flood alleviation and mitigation infrastructure. 
vii)  Compromise the economic viability of bus or rail facilities.   
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c)  Harbours 
Development within and diversification of harbours to support their sustainable
operation will be supported subject to compliance with other policies and settlement
statements. 
d)  Developer Obligations 
Developer obligations will be sought to mitigate any measurable adverse impact of a
development proposal on local infrastructure, including education, healthcare,
transport (including rail), sports and recreational facilities and access routes. 
Obligations will be sought to reduce, eliminate or compensate for this impact.
Developer obligations may also be sought to mitigate any adverse impacts of a
development, alone or cumulatively with other developments in the area, on the
natural environment. 
Where necessary obligations that can be secured satisfactorily by means of a
planning condition attached to planning permission will be done this way.  Where this
cannot be achieved, the required obligation will be secured through a planning
agreement in accordance with Circular 3/2012 on Planning Obligations.   
Developer obligations will be sought in accordance with the Council's Supplementary
Guidance on Developer Obligations.  This sets out the anticipated infrastructure
requirements, including methodology and rates.   
Where a developer considers that the application of developer obligations renders a
development commercially unviable a viability assessment and 'open-book
accounting' must be provided by the developer which Moray Council, via the District
Valuer, will verify, at the developer's expense.  Should this be deemed accurate then
the Council will enter into negotiation with the developer to determine a viable level
of developer obligations.   
The Council's Developer Obligations Supplementary Guidance provides further detail
to support this policy. 
DP1 DEVELOPMENT PRINCIPLES 
This policy applies to all development, including extensions and conversions and will be
applied reasonably taking into account the nature and scale of a proposal and individual
circumstances. 
The Council will require applicants to provide impact assessments in order to determine
the impact of a proposal. Applicants may be asked to determine the impacts upon the
environment, transport network, town centres, noise, air quality, landscape, trees, flood
risk, protected habitats and species, contaminated land, built heritage and archaeology
and provide mitigation to address these impacts. 
Development proposals will be supported if they conform to the relevant Local
Development Plan policies, proposals and additional guidance, meet the following criteria
and address their individual and cumulative impacts: 
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(i) Design
a) The scale, density and character must be appropriate to the surrounding area
and create a sense of place (see Policy PP1) and support the principles of a
walkable neighbourhood. 
b) The development must be integrated into the surrounding landscape which will
include safeguarding existing trees and undertaking replacement planting to
include native trees for any existing trees that are felled, and safeguarding any
notable topographical features (e.g. distinctive knolls), stone walls and existing
water features by avoiding channel modifications and culverting. A tree survey
and tree protection plan must be provided with planning applications for all
proposals where mature trees are present on site or that may impact on trees
outwith the site. The strategy for new tree provision should follow the principles
of the "Right Tree in the Right Place". 
c) Make provision for new open space and connect to existing open space under
the requirements of Policy EP5 and provide details of the future maintenance of
these spaces. A detailed landscape plan must be submitted with planning
applications and include information about green/blue infrastructure, tree
species, planting, ground/soil conditions, and natural and man-made features
(e.g. grass areas, wildflower verges, fencing, walls, paths, etc.). 
d) Demonstrate how the development will conserve and enhance the natural and
built environment and cultural heritage resources, retain original land contours
and integrate into the landscape. 
e) Proposals must not adversely impact upon neighbouring properties in terms of
privacy, daylight or overbearing loss of amenity. 
f)  Proposals do not result in backland development or plots that are subdivided by
more than 50% of the original plot.  Sub-divided plots must be a minimum of
400m2, excluding access and the built-up area of the application site will not
exceed one-third of the total area of the plot and the resultant plot density and
layout reflects the character of the surrounding area. 
g)  Pitched roofs will be preferred to flat roofs and box dormers are not acceptable. 
h)  Existing stone walls on buildings and boundaries must be retained. 
Alterations and extensions must be compatible with the character of the
existing building in terms of design, form, choice of materials and positioning
and meet all other relevant criteria of this policy. 
i)  Proposals must orientate and design buildings to maximise opportunities for
solar gain. 
j)  All developments must be designed so as to ensure that all new buildings avoid
a specified and rising proportion of the projected greenhouse gas emissions
from their use (calculated on the basis of the approved design and plans for the
specific development) through the installation and operation of low and zero-
carbon generating technologies. 
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(ii) Transportation
a) Proposals must provide safe entry and exit from the development, including the
appropriate number and type of junctions, maximise connections and routes for
pedestrians and cyclists, including links to active travel and core path routes,
reduce travel demands and ensure appropriate visibility for all road users at
junctions and bends. Road, cycling, footpath and public transport connections
and infrastructure must be provided at a level appropriate to the development
and connect people to education, employment, recreation, health, community
and retail facilities. 
b) Car parking must not dominate the street scene and must be provided to the
side or rear ¬and behind the building line. Maximum (50%) parking to the front
of buildings and on street may be permitted provided that the visual impact of
the parked cars is mitigated by hedging or low stone boundary walls. Roadways
with a single carriageway must provide sufficient off road parking to avoid
access routes being blocked to larger service vehicles and prevent parking on
pavements. 
c) Provide safe access to and from the road network, address any impacts on
road safety and the local road, rail and public transport network. Any impacts
identified through Transport Assessments/ Statements must be identified and
mitigated. This may include but would not be limited to, passing places, road
widening, junction improvements, bus stop infrastructure and drainage
infrastructure. A number of potential mitigation measures have been identified
in association with the development of sites and the most significant are shown
on the Proposals Map as TSP's. 
d) Provide covered and secure facilities for cycle parking at all flats/apartments,
retail, community, education, health and employment centres. 
e) Garages and parking provision must be designed to comply with Moray Council
parking specifications see Appendix 2. 
f)  The road layout must be designed to allow for the efficient mechanical
sweeping of all roadways and channels, paviors, turning areas and junctions.
The road layout must also be designed to enable safe working practices,
minimising reversing of service vehicles, with hammerheads minimised in
preference to turning areas such as road stubs or hatchets, and to provide
adequate space for the collection of waste and movement of waste collection
vehicles. 
g) The road and house layout in urban development should allow for communal
refuse collection points where the design does not allow for individual storage
within the curtilage and / or collections at kerbside. Communal collection points
may either be for the temporary storage of containers taken by the individual
householder or for the permanent storage of larger containers. The
requirements for a communal storage area are stated within the Council's
Kerbside Collection Policy, which will be a material consideration. 
h) Road signs should be minimised designed and placed at the back of footpaths
to reduce street clutter, avoid obstructing pedestrian movements and
safeguarding sightlines;
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i)  Within communal parking areas there will be a requirement for electric car
charging points. Parking spaces for car sharing must be provided where a need
is identified by the Transportation Manager. 
(iii) Water environment, pollution, contamination
a) Acceptable water and drainage provision must be made, including the use of
sustainable urban drainage systems (SUDS) for dealing with surface water
including temporary/ construction phase SUDS (see Policy EP12). 
b) New development should not be located in areas at flood risk or increase
vulnerability to flooding (see Policy EP12). Exceptions to this would only be
considered in specific circumstances, e.g. extension to an existing building or
change of use to an equal or less vulnerable use. Where this exception is
applied the proposed development must include resilience measures such as
raised floor levels and electrical sockets. 
c) Proposals must avoid major hazard sites and address any potential risk of
pollution including ground water contamination in accordance with recognised
pollution prevention and control measures. 
d) Proposals must protect and wherever practicable enhance water features
through for example naturalisation of watercourses by introducing a more
natural planform and removing redundant or unnecessary structures. 
e) Proposals must address and sufficiently mitigate any contaminated land issues. 
f)  Make acceptable arrangements for waste collection and management and
encourage recycling. 
g) Avoid sterilising significant workable reserves of minerals, prime agricultural
land or productive forestry. 
h)  Proposals must avoid areas at risk of coastal erosion and coastal change. 
DP2 HOUSING
a) Proposals for development on all designated and windfall housing sites must include
a design statement and shall include supporting information regarding the
comprehensive layout and development of the whole site, addressing infrastructure,
access for pedestrians, cyclists, public transport and service vehicles, landscaping,
drainage, affordable and accessible housing and other matters as may be required
by the planning authority, unless these requirements are not specified in the site
designation or are considered not to be required. 
Proposals must comply with Policy PP1, DP1, the site development requirements
within the settlement plans, all other relevant policies within the Plan and must
comply with the following requirements; 
b) Piecemeal/ individual plot development proposals 
Piecemeal and individual/ plot development proposals will only be acceptable where
details for the comprehensive redevelopment of the site are provided to the
satisfaction of the planning authority and proposals comply with the terms of Policy
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DP1, other relevant policies including access, affordable and accessible housing,
landscaping and open space and where appropriate key design principles and site
designation requirements are met. 
Proposals for piecemeal/ plot development must be accompanied by a Delivery Plan
setting out how the comprehensive development of the site will be achieved.              
c) Housing density 
Capacity figures indicated within site designations are indicative only. Proposed
capacities will be considered through the Quality Auditing process against the
characteristics of the site, character of the surrounding area, conformity with all
policies and the requirements of good Placemaking as set out in Policies PP1 and
DP1. 
d) Affordable Housing 
Proposals for all housing developments (including conversions) must provide a
contribution towards the provision of affordable housing. 
Proposals for new housing developments of 4 or more units (including conversions)
must provide 25% of the total units as affordable housing in  affordable tenures to be
agreed by the Housing Strategy and Development Manager. For proposals of less
than 4 market housing units a commuted payment will be required towards meeting
housing needs in the local housing market area. 
A higher percentage contribution will be considered subject to funding availability, as
informed by the Local Housing Strategy. A lesser contribution or alternative in the
form of off-site provision or a commuted payment will only be considered where
exceptional site development costs or other project viability issues are demonstrated
and agreed by the Housing Strategy and Development Manager and the Strategic
Planning and Development Manager. Intermediate tenures will be considered in
accordance with the HNDA and Local Housing Strategy, and agreed with the
Housing Strategy and Development Manager. 
Further detail on the implementation of this policy is provided in the Policy Guidance
note on page 40. 
e) Housing Mix and Tenure Integration   
Proposals must demonstrate tenure integration and meet the following criteria; 
• Architectural style and external finishes must ensure that homes are tenure
blind 
• The spatial mix must ensure communities are integrated to share school
catchment areas, open spaces, play areas, sports areas, bus stops and other
community facilities. 
f) Accessible Housing 
Housing proposals of 10 or more units incorporating affordable housing will be
required to provide 10% of the private sector units to wheelchair accessible standard.
Flexibility may be applied on sites where topography would be particularly
challenging for wheelchair users.
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Further detail on the implementation of this policy is provided in the Policy Guidance
note on page 41. 
POLICY GUIDANCE NOTE- AFFORDABLE AND ACCESSIBLE HOUSING
Affordable Housing
Providing affordable housing is a key priority for Moray Council and this is reflected in the
Local Outcomes Improvement Plan (LOIP) and the Local Housing Strategy (LHS). The
Council's Housing Need and Demand Assessment 2017 highlights the significant
requirement for affordable housing in Moray, which is a national issue, resulting from  a
number of factors including affordability issues, downturn in the economy and the
shortage of public and private sector rented houses. 
Planning policies assist with the provision of affordable housing, which is defined in
Scottish Planning Policy (SPP) as; 
"housing of a reasonable quality that is affordable to people on modest incomes.
Affordable housing may be provided in the form of social rented accommodation, mid-
market rented accommodation, shared ownership housing, shared equity housing,
housing sold at a discount (including plots for self -build and low cost housing without
subsidy." This local development plan regards lower quartile earnings as "modest
incomes". 
The 2017 HNDA identified a requirement for 56% of all need and demand to be affordable
units in Moray between 2017 and 2035. This Local Development Plan has lowered the
threshold so that individual house proposals are required to make a contribution towards
affordable housing provision, which is intended to ensure proposals do not circumnavigate
the policy and provide a fair and transparent process. 
A number of variables influence affordability of housing, including mortgage deposit
requirements, mortgage interest rates, lower quartile house prices, lower quartile private
rents, lower quartile full time gross earnings. Changes in these variables will affect the
affordability of housing in Moray. The maximum affordable rent and maximum affordable
house purchase prices is published on the Council's website at
http://www.moray.gov.uk/moray_standard/page_90100.html. The current Local Housing
Allowance will be used as a proxy for average private sector rents.
Affordable housing should be provided on site and as part of a mixed development of
private and affordable units. To meet the need for affordable housing there may be
proposals for 100% provision of affordable housing and these will be acceptable as part of
a wider mixed community, provided all other  Local Development Plan policies are met. 
The policy requires single house proposals to make a commuted sum payment as a
developer obligation towards affordable housing, with the cost figure published annually
on the Council website at http://www.moray.gov.uk/moray_standard/page_94665.html and
determined by the District Valuer's assessment of the value of serviced land for affordable
housing in Moray. This allows developers to be clear at the outset of a project about the
potential cost of commuted payments and should be reflected in land values. 
The type of affordable housing to be provided will be determined by the Housing and
Property service. Developers should contact Housing and Property as early as possible.
Housing and Property will decide whether a commuted payment or affordable units will be
required on a site by site basis.   Housing and Property will provide developers with an
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affordable housing mix, detailing the size and type of housing required based on
HNDA/LHS requirements. 
The Council will consider the following categories of affordable housing within the context
of the needs identified in the HNDA/ LHS;
• Social rented accommodation- housing provided by an affordable rent managed by a
Registered Social Landlord such as a housing association or another body regulated
by the Scottish Housing Regulator, including Moray Council.
• Mid-market rent accommodation- housing with rents set at a level higher than purely
social rent, but lower than market rent levels and affordable by households in
housing need. Mid-market rent housing can be provided by the private and social
housing sectors.
• Shared equity housing- sales to low income households, administered through a
Scottish Government scheme e.g. Low-cost initiative for First Time Buyers (LIFT). 
Any proposals to provide affordable housing in a form other than those listed above, must
demonstrate that the cost to the householder is "affordable" in the Moray context and that
the property will remain "affordable" in perpetuity. 
Affordable housing requirement figures will be rounded up. 
The Strategic Housing Investment Plan (SHIP) is produced annually by the Council and
identifies details of the proposed delivery of affordable housing. 
Accessible housing
Scottish Planning Policy states (para 28) that "the aim is to achieve the right development
in the right place; it is not to allow development at any cost" and "that policies and
decisions should be……supporting delivery of accessible housing."
Policy DP2 aims to; 
• Assist the Council, the NHS and the Health and Social Care Moray to meet the
challenges presented by our ageing population and the shared aim of helping people
to live well at home or in a homely setting. The HNDA 2017 demonstrates that
Moray's population is ageing and there is a trend towards older and smaller
households. 
• Provide increased choice of tenure to people with physical disabilities or mobility
impairments, by increasing the supply of accessible housing in the private sector.
There is currently a mismatch between the size and type of housing required and the
size and type of housing available across all tenures. This mismatch, along with
increasing housing needs associated with physical disability, are the likely drivers of
owner occupiers seeking public sector accessible housing to meet medical needs. 
Accessible/ adapted housing can promote independence and wellbeing for older or
disabled people, can facilitate self- care, informal care and unpaid care, potentially prevent
falls and hospital admissions and can delay entry into residential care. 
Policy DP2 requires that housing proposals of 10 or more units incorporating affordable
housingmust provide 10% of the private sector units to wheelchair accessible standard
where all the rooms are accessible to a wheelchair user. 
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This applies to new build and conversion/ redevelopment projects. Flexibility may apply
where there is extremely challenging topography or where the site is in a remote location.
For the purposes of Policy DP2, "remote" locations are defined as being rural areas
outside settlement and Rural Grouping boundaries as defined in the Local Development
Plan. 
Accessible units should be in a location which provides convenient access, in terms of
distance, gradient and available public transport, to reach the facilities needed for
independent living. Small, low maintenance gardens are generally regarded as a positive
feature by this customer group. 
New wheelchair accessible housing in any tenure must comply with Housing for Varying
Needs Standards (HfVNs), including the standards specific to dwellings for wheelchair
users. HfVNs is available at
http://webarchive.nationalarchives.gov.uk/20131205115152uo_/http://www.archive2.officia
l-documents.co.uk/document/deps/cs/HousingOutput/start.htm 
The specific design specification required to meet the terms of this policy are;
External requirements
• location(s) convenient for amenities and facilities e.g. public transport, local shops
etc
• car parking space as close as possible to the entrance door and at a maximum
distance of 15m (HfVNs para 7.13.4 refers).
• Step free paths within curtilage, ramp gradients preferably of 1:20 but no steeper
than 1:12 (HfVNs para 7.7.1 refers) 
Internal requirements
• Hallways- minimum 1200mm wide (HfVNs para 10.2.3 refers)
• Door frames- minimum 926mm wide door leaf, giving a clear width of 870mm (HfVNs
para 10.5.7 refers)
• Bathrooms/ wet rooms- 1500mm wheelchair turning circle required (HfVNs para
14.9.2 refers) 
Accessible housing requirement figures will be rounded down. 
All proposals for new build or converted housing should set out details of how they will
comply with this policy in their planning application. 
EP1 NATURAL HERITAGE DESIGNATIONS
a) European Site designations
Development likely to have a significant effect on a European Site and which is not
directly connected with or necessary to the conservation management  of that site
must be subject to an appropriate assessment of the implications for its conservation
objectives. Proposals will only be approved where the appropriate assessment has
ascertained that there will be no adverse effect on the integrity of the site. 
In exceptional circumstances, proposals that could affect the integrity of a European
Site may be approved where: 
i) There are no alternative solutions, and
ii) There are imperative reasons of over-riding public interest including those of a
social or economic nature, and
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iii) Compensatory measures are provided to ensure that the overall coherence of
the Natura network is protected. 
For European Sites hosting a priority habitat or species (as defined in Article 1 of the
The Conservation (Natural Habitat & c.) Regulations 1994), prior consultation with
the European Commission via Scottish Ministers is required unless the imperative
reasons of overriding public interest relate to human health, public safety or
beneficial consequences of primary importance to the environment. 
b) National designations
Development proposals which will affect a National Park, National Scenic Area
(NSA), Site of Special Scientific Interest (SSSI) or National Nature Reserve will only
be permitted where:
i) The objectives of designation and the overall integrity of the area will not be
compromised; or
ii) Any significant adverse effects on the qualities for which the site has been
designated are clearly outweighed by social, environmental or economic
benefits of national importance. 
c) Local Designations
Development proposals likely to have a significant adverse effect on Local Nature
Reserves, wildlife sites or other valuable local habitats will be refused unless it can
be demonstrated that;
i) Public benefits clearly outweigh the nature conservation value of the site, and
ii) There is a specific locational requirement for the development, and
iii) Any potential impacts can be satisfactorily mitigated to conserve and enhance
the site's residual conservation interest. 
d) European Protected Species
European Protected Species are identified in the Habitats Regulations 1994 (as
amended in Scotland). Where a European Protected Species may be present or
affected by development or activity arising from development, a species survey and
where necessary a Species Protection Plan should be prepared to accompany the
planning application, to demonstrate how the Regulations will be complied with. The
survey should be carried out by a suitably experienced and licensed ecological
surveyor. 
Proposals that would have an adverse effect on European Protected Species will not
be approved unless; 
• The need for development is one that is possible for SNH to grant a license for
under the Regulations (e.g. to preserve public health or public safety).
• There is no satisfactory alternative to the development.
• The development will not be detrimental to the maintenance of the favourable
conservation status of the species. 
e) Other protected species
Wild birds and a variety of other animals are protected under domestic legislation,
such as the Wildlife and Countryside Act 1981 (as amended in Scotland by the
Nature Conservation (Scotland) Act 2004 and the Wildlife and Natural Environment
(Scotland) Act 2011), Protection of Badgers Act 1992 and Marine (Scotland) Act
2010. Where a protected species may be present or affected by development or
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activity arising from development, a species survey and where necessary a Species
Protection Plan should be prepared to accompany the planning application to
demonstrate how legislation will be complied with. The survey should be carried out
by a suitably experienced ecological surveyor, who may also need to be licensed
depending on the species being surveyed for. 
Proposals which would have an adverse effect on badgers or their setts must be
accompanied by a Badger Protection Plan demonstrating how impacts will be
avoided, mitigated, minimised or compensated for. 
EP2 BIODIVERSITY
All development proposals must, where possible, retain, protect and enhance features of
biological interest and provide for their appropriate management.  Development must
safeguard and where physically possible extend or enhance wildlife corridors and
green/blue networks and prevent fragmentation of existing habitats. 
Development should integrate measures to enhance biodiversity as part of multi-functional
spaces/ routes. 
Proposals for 4 or more housing units or 1000 m2 or more of commercial floorspace must
create new or, where appropriate, enhance natural habitats of ecological and amenity
value. 
Developers must demonstrate, through a Placemaking Statement where required by
Policy PP1 which incorporates a Biodiversity Plan, that they have included biodiversity
features in the design of the development. Habitat creation can be achieved by providing
links into existing green and blue networks, wildlife friendly features such as wildflower
verges and meadows, bird and bat boxes, amphibian friendly kerbing, wildlife crossing
points such as hedgehog highways and planting to encourage pollination, wildlife friendly
climbing plants, use of hedges rather than fences, incorporating biodiversity measures into
SUDS and retaining some standing or lying dead wood, allotments, orchards and
woodlands. 
Where development would result in loss of natural habitats of ecological amenity value,
compensatory habitat creation will be required where deemed appropriate. 
EP5 OPEN SPACE
a)   Existing Open Space (ENV's and Amenity Land)  
Development which would result in a change of use of a site identified under the
ENV designation in settlement statements or amenity land designations in rural
groupings to anything other than open space use will be refused. Proposals that
would result in a change of use of an ENV4 Sports Area to any other use (including
other ENV categories) will be refused. The only exceptions are where the proposal is
for essential community infrastructure required to deliver the key objectives of the
Council and its Community Planning Partners, excluding housing, or for a site
specific opportunity identified within the settlement statement. Where one of these
exceptions applies, proposals must: 
• Be sited and designed to minimise adverse impacts on the principal function of
the space and the key qualities and features identified in the Moray Open
Space Strategy Supplementary Guidance. 
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• Demonstrate that there is a clear excess of the type of ENV and the loss of the
open space will not negatively impact upon the quality, accessibility and
quantity of open space provision and does not fragment green networks (with
reference to the Moray Open Space Strategy Supplementary Guidance, green
network mapping and for ENV4 Sports Area in consultation with SportScotland)
or replacement open space provision of equivalent function, quality and
accessibility is made. 
The temporary use of unused or underused land as green infrastructure is
encouraged, this will not prevent any future development potential which has been
identified from being realised. Proposals that would result in a change of use of an
ENV4 Sports Area to any other use (including other ENV categories) will be refused. 
Proposals for allotments or community growing on existing open space will be
supported where they do not adversely affect the primary function of the space or the
key qualities and features identified in the Moray Open Space Strategy
Supplementary Guidance and a locational requirement has been identified in the
Council's Food Growing Strategy. Consideration will include related aspects such as
access, layout, design and car parking requirements. 
Any new/proposed extension to existing cemetery sites requiring an intrusive ground
investigation must be undertaken in accordance with SEPA's guidance on assessing
the impacts of cemeteries on groundwater before any development occurs at the
site. 
Areas identified in Settlement Statements as ENV are categorised based on their
primary function as set out below. These are defined in the Open Space Strategy
Supplementary Guidance. 
ENV 1 Public Parks and Gardens
ENV 2  Amenity Greenspace
ENV 3  Playspace for children and teenagers
ENV 4  Sports Areas
ENV 5  Green Corridors 
ENV 6  Natural/Semi-Natural Greenspace
ENV 7  Civic Space 
ENV 8  Allotments
ENV 9  Cemeteries and proposed extensions
ENV 10 Private Gardens and Grounds 
ENV 11 Other Functional Greenspace 
b) Green Infrastructure and Open Space in New Development
New development must incorporate accessible multifunctional open space of
appropriate quantity and quality to meet the needs of development and must provide
green infrastructure to connect to wider green/blue networks. In Elgin, Buckie and
Forres green infrastructure must be provided as required in the green network
mapping. Blue drainage infrastructure will require to be incorporated within green
open space. The blue-green context of the site will require to be considered from the
very outset of the design phase to reduce fragmentation and maximize  the multi-
benefits arising from this infrastructure. 
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Open space provision in new developments must meet the accessibility, quality and
quantity standards set out below and meet the requirements of policy PP1
Placemaking, EP2 Biodiversity, other relevant policies and any site specific
requirements within the Settlement Statements.  Developers must demonstrate
through a Placemaking Statement that they have considered these standards in the
design of the open space, this must include submission of a wider analysis plan that
details existing open space outwith the site, key community facilities in the area and
wider path networks. 
i) Accessibility Standard 
Everyone will live within a five minute walk of a publicly usable space of at least
0.2ha. 
ii) Quality Standard 
All new development proposals will be assessed and must achieve a very good
quality score of no less than 75%. Quality will be assessed by planning officers
at the planning application stage against the five criteria below using the bullet
point prompts.  Each criterion will be scored on a scale of 0 (poor) to 5 (very
good) with an overall score for the whole development expressed as a
percentage. 
Accessible and well connected
• Allows movement in and between places, consideration to be given to
reflecting desire lines, permeable boundaries, and multiple access points 
• Accessible entrances in the right places. 
• Accessible for all generations and mobility's, including consideration of
gradient and path surfaces. 
• Provide appropriately surfaced, inclusive, high quality paths. 
• Connects with paths, active travel routes and other transport modes
including bus routes.
• Offers connecting path network with legible waymarking and signage. 
Attractive and Appealing Places
• Attractive with positive image created through character and quality
elements. 
• Attractive setting for urban areas.
• Quality materials, equipment and furniture.
• Attractive plants and landscape elements that support character, including
providing seasonal and sensory variation and food production. 
• Welcoming boundaries and entrance areas. 
• Adequate bin provision.
• Long term maintenance measures in place.¬ 
Biodiverse supporting ecological networks (see Policy EP2 Biodiversity)
• Contribute positively to biodiversity through the creation of new natural
habitats for ecological and amenity value.  
• Large enough to sustain wildlife populations, including green/blue
networks and landscaping.   
• Offers a diversity of habitats. 
• Landscaping and open space form part of wider landscape structure and
setting.
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• Connects with wider blue/green networks Provide connections to existing
green/bue networks and avoids fragmentation of existing habitats. 
• Ensure a balance between areas managed positively for biodiversity and
areas managed primarily for other activities e.g. play, sport.
• Resource efficient, including ensuring open space has a clear function
and is not "left over". 
Promotes activity, health and well being
• Provides multifunctional open space for a range of outdoor physical
activities reflecting user needs and location. 
• Provides diverse play, sport, and recreational facilities for a range of ages
and user groups.
• Providing places for social interaction, including supporting furniture to
provide seating and resting opportunities.  
• Appropriate high quality facilities meeting needs and reflecting the site
location and site. 
• Carefully sited facilities for a range of ages with consideration to be given
to existing facilities, overlooking, and ease of access for users. 
• Open space is flexible to accommodate changing needs. 
Safe, Welcoming and contributing to Character and Identity
• Safe and welcoming.
• Good levels of natural surveillance.
• Discourage anti-social behaviour.
• Appropriate lighting levels. 
• Sense of local identity and place. 
• Good routes to wider community facilities e.g connecting to schools,
shops, or transport nodes.
• Distinctive and memorable places that support local culture and
identity.¬¬
• Catering for a range of functions and activities providing a multi-functional
space meeting needs.
• Community involvement in management. 
b iii) Quantity Standard
Unless otherwise stated in site designations, the following quantity standards
will apply.
• Residential sites less than 10 units - landscaping to be determined under
the terms of Policy DP1 Development Principles to integrate the new
development.
• Residential sites 10-50 units and new industrial sites- minimum 15% open
space
• Residential sites 51-200 units- minimum 20% open space
• Residential sites 201 units and above and Business Parks- minimum 30%
open space which must include allotments, formal parks and playspaces
within residential sites. 
In meeting the quantity requirements, only spaces which have a clear multi benefit
function will be counted. Structure and boundary landscaping areas must make
provision for public access and link into adjacent green corridors. The quantity
standard must be met within the designation boundaries. For windfall sites the
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quantity standard must be new open space provision within the application
boundaries. 
Open Spaces approved in new developments will be classed as ENV spaces upon
granting of consent. 
Proposals must also comply with the Council's Open Space Strategy Supplementary
Guidance. 
EP7 FORESTRY, WOODLANDS AND TREES
a) Moray Forestry and Woodland Strategy
Proposals which support the economic, social and environmental objectives and
projects identified in the Moray Forestry and Woodlands Strategy will be supported
where they meet the requirements of other relevant Local Development Plan
policies.  The council will consult Scottish Forestry on proposals which are
considered to adversely affect forests and woodland.  Development proposals must
give consideration to the relationship with existing woodland and trees including
shading, leaf/needle cast, branch cast, wind blow, water table impacts and
commercial forestry operations. 
b) Tree Retention and Survey
Proposals must retain healthy trees and incorporate them within the proposal unless
it is technically unfeasible to retain these.  Where trees exist on or bordering a
development site, a tree survey, tree protection plan and mitigation plan must be
provided with the planning application if the trees or trees bordering the site (or their
roots) have the potential to be affected by development and construction activity. 
Proposals must identify a safeguarding distance to ensure construction works,
including access and drainage arrangements, will not damage or interfere with the
root systems in the short or longer term.  A landscaped buffer may be required where
the council considers that this is required to maintain an appropriate long term
relationship between proposed development and existing trees and woodland. 
Where it is technically unfeasible to retain trees, compensatory planting on a one for
one basis must be provided in accordance with (e) below. 
c) Control of Woodland Removal 
In support of the Scottish Government's Control of Woodland Removal Policy,
Woodland removal within native woodlands identified as a feature of sites protected
under Policy EP1 or woodland identified as Ancient Woodland will not be supported. 
In all other woodlands development which involves permanent woodland removal will
only be permitted where it would achieve significant and clearly defined additional
public benefits (excluding housing) and where removal will not result in unacceptable
adverse effects on the amenity, landscape, biodiversity, economic or recreational
value of the woodland or prejudice the management of the woodland. 
Where it is proposed to remove woodland, compensatory planting at least equal to
the area to be felled must be provided in accordance with e) below. 
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d) Tree Preservation Orders and Conservation Areas
The council will serve Tree Preservation Orders (TPO's) on potentially vulnerable
trees which are of significant amenity value to the community as whole, trees that
contribute to the distinctiveness of a place or trees of significant biodiversity value.
Within Conservation Areas, the council will only agree to the felling of dead, dying, or
dangerous trees. Trees felled within Conservation Areas or subject to TPO must be
replaced, unless otherwise agreed by the council.
e) Compensatory Planting
Where trees or woodland are removed in association with development, developers
must provide compensatory planting to be agreed with the planning authority either
on site, or an alternative site in Moray which is in the applicant's control or through a
commuted payment to the planning authority to deliver compensatory planting and
recreational greenspace.
GUIDANCE TREES AND DEVELOPMENT
Trees are an important part of Moray's towns and villages and surrounding countryside,
adding colour and interest to the townscape and a sense of nature in our built
environment. They contribute to the diversity of the countryside, in terms of landscape,
wildlife habitat and shelterbelts. Trees also have a key role to play in terms of climate
change by helping to absorb carbon dioxide which is one of the main greenhouse gases
that cause global warming.
The cumulative loss of woodlands to development can result in significant loss of
woodland cover. In compliance with the Scottish Government Control of Woodland
Removal policy, woodland removal should only be allowed where it would achieve
significant and clearly defined additional public benefits. In appropriate cases a proposal
for compensatory planting may form part of this balance. Where woodland is to be
removed then the Council will require compensatory planting to be provided on site, on
another site in Moray within the applicant's control or through a commuted payment to the
Council towards woodland and greenspace creation and enhancement. Developers
proposing compensatory planting are asked to follow the guidance for site assessment
and woodland design as laid out in Scottish Forestry's "Woodland Creation, Application
Guidance" and its subsequent updates, when preparing their proposal.
The Council requires a Tree Survey and Tree Protection Plan to be submitted by the
applicant with any planning application for detailed permission on designated or windfall
sites which have trees on them. The survey should include a schedule of trees and/or
groups of trees and a plan showing their location, along with the following details;
• Reference number for each tree or group of trees.
• Scientific and common names.
• Height and canopy spread in metres (including consideration of full height and
spread).
• Root protection area.
• Crown clearance in metres.
• Trunk diameters in metres (measures at 1.5m above adjacent ground level for single
stem trees or immediately above the root flare for multi stemmed trees).
• Age and life expectancy.
• Condition (physiological and structural).
• Management works required.
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• Category rating for all trees within the site (U, A, B or C *). This arboricultural
assessment will be used to identify which trees are suitable for retention within the
proposed development.
*BS5837 provides a cascading quality assessment process for categorisation of trees
which tree surveys must follow. An appropriately scaled tree survey plan needs to
accompany the schedule. The plan should be annotated with the details of the tree
survey, showing the location, both within and adjacent to the site, of existing trees, shrubs
and hedgerows. Each numbered tree or groups of trees should show the root protection
area and its category U, A, B, C.
Based on the guidance in BS5837, only category U trees are discounted from the Tree
Survey and Tree Protection Plan process. Trees in category A and B must be retained,
with category C trees retained as far as practicable and appropriate. Trees proposed for
removal should be replaced with appropriate planting in a landscape plan which should
accompany the application. Trees to be retained will likely be set out in planning
conditions, if not already covered by a Tree Preservation Order.
If a tree with habitat value is removed, then measures for habitat reinstatement must be
included in the landscape plan. It is noted that in line with part b) of policy EP7 where
woodland is removed compensatory planting must be provided regardless of tree
categorisation."
A Tree Protection Plan (TPP) must also be submitted with planning applications,
comprising a plan and schedule showing;
• Proposed design/ layout of final development, including accesses and services.
• Trees to be retained- with those requiring remedial work indicated.
• Trees to be removed.
• Location (and specification) of protective fencing around those trees to be retained
based on the Root Protection Area.
The TPP should show how the tree survey information has informed the design/ layout
explaining the reasoning for any removal of trees.
Landscape Scheme
Where appropriate a landscape scheme must be submitted with planning applications,
clearly setting out details of what species of trees, shrubs and grass are proposed, where,
what standard and when planting will take place. Landscape schemes must aim to deliver
multiple benefits in terms of biodiversity, amenity, drainage and recreation as set out in
policy.
The scheme should also set out the maintenance plan. Applicants/ developers will be
required to replace any trees, shrubs or hedges on the site which die, or are dying,
severely damaged or diseased which will be specified in planning conditions.
Tree species native to Scotland are recommended for planting in new development -
Alder, Aspen, Birch, Bird Cherry, Blackthorn, Crab Apple, Elm, Gean, Hawthorn, Hazel,
Holly, Juniper, Sessile Oak, Rowan, Scots Pine, Whitebeam, Willow.
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EP12 MANAGEMENT AND ENHANCEMENT OF THE WATER ENVIRONMENT
a) Flooding
New development will not be supported if it would be at significant risk of flooding
from any source or would materially increase the possibility of flooding elsewhere.
For development at or near coastal locations, this includes consideration of future
flooding that may be caused by sea level rise and/or coastal change eroding existing
natural defences in the medium and long term. 
Proposals for development in areas considered to be at risk from flooding will only be
permitted where a flood risk assessment to comply with the recommendations of
Scottish Planning Policy and to the satisfaction of Scottish Environment Protection
Agency and the Council is provided by the applicant. 
There are different levels of flood risk assessment dependent on the nature of the
flood risk. The level of assessment should be discussed with the Council prior to
submitting a planning application. 
Level 1 -  a flood statement with basic information with regard to flood risk.
Level 2 -  full flood risk assessment providing details of flood risk from all sources,
results of hydrological and hydraulic studies and any appropriate
proposed mitigation. 
Assessments must demonstrate that the development is not at risk of flooding and
would not increase the probability of flooding elsewhere.  Level 2 flood risk
assessments must be signed off by a competent professional.  The Flood Risk
Assessment and Drainage Impact Assessment for New Development Supplementary
Guidance provides further detail on the information required. 
Due to continuing changes in climatic patterns, the precautionary principle will apply
when reviewing any application for an area at risk from inundation by floodwater.
Proposed development in coastal areas must consider the impact of tidal events and
wave action when assessing potential flood risk. 
The following limitations on development will also be applied to take account of the
degree of flooding as defined in Scottish Planning Policy;
a) In areas of little to no risk (less than 0.1%), there will be no general constraint to
development.
b) Areas of low to medium risk (0.1% to 0.5%) will be considered suitable for most
development. A flood risk assessment may be required at the upper end of the
probability range i.e. (close to 0.5%) and for essential civil infrastructure and the
most vulnerable uses. Water resistant materials and construction may be
required. Areas within this risk category will generally not be suitable for civil
infrastructure. Where civil infrastructure must be located in these areas or is
being substantially extended, it should be designed to be capable of remaining
operational and accessible during flooding events.
c) Areas of medium to high risk (0.5% or above) may be suitable for:
• Residential, institutional, commercial and industrial development within
built up areas provided that flood protection measures to the appropriate
standard already exist and are maintained, are under construction, or are
a planned measure in a current flood management plan.
• Essential infrastructure within built up areas, designed and constructed to
remain operational during floods and not impede water flow.
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• Some recreational, sport, amenity and nature conservation uses, provided
appropriate evacuation procedures are in place, and
• Employment related accommodation e.g. caretakers or operational staff. 
Areas within these risk categories will generally not be suitable for the following uses
and where an alternative/lower risk location is not available¬¬;
• Civil infrastructure and most vulnerable uses.
• Additional development in undeveloped and sparsely developed areas, unless
a location is essential for operational reasons e.g. for navigation and water
based recreation, agriculture, transport or utilities infrastructure (which should
be designed to be operational during floods and not impede water flows).
• New caravan and camping sites 
Where development is permitted, measures to protect against or manage flood risk
will be required and any loss of flood storage capacity mitigated to achieve a neutral
or better outcome. Water resistant materials and construction must be used where
appropriate. Land raising and elevated buildings on structures such as stilts are
unlikely to be acceptable. 
b) Surface Water Drainage: Sustainable Urban Drainage Systems (SUDS)
Surface water from development must be dealt with in a sustainable manner that has
a neutral effect on flooding or which reduces the risk of flooding. The method of
dealing with surface water must also avoid pollution and promote habitat
enhancement and amenity. All sites must be drained by a sustainable drainage
system (SUDS) designed in line with current CIRIA guidance. Drainage systems
must contribute to enhancing existing "blue" and "green" networks while contributing
to place-making, biodiversity, recreational, flood risk and climate change objectives. 
When considering the appropriate SUDS design for the development the most
sustainable methods, such as rainwater harvesting, green roofs, bio retention
systems, soakaways, and permeable pavements must be considered first.  If it is
necessary to include surface water attenuation as part of the drainage system, only
above ground attenuation solutions will be considered, unless this is not possible
due to site constraints.   
If below ground attenuation is proposed the developer must provide a robust
justification for this proposal.  Over development of a site or a justification on
economic grounds will not be acceptable.  When investigating appropriate SUDS
solutions developers must integrate the SUDS with allocated green space, green
networks and active travel routes to maximise amenity and biodiversity benefits. 
Specific arrangements must be made to avoid the issue of permanent SUDS
features becoming silted-up with run-off. Care must be taken to avoid the spreading
and/or introduction of invasive non-native species during the construction of all
SUDS features.  On completion of SUDS construction the developer must submit a
comprehensive Operation and Maintenance Manual.  The ongoing maintenance of
SUDS for all new development will be undertaken through a factoring agreement, the
details of which must be supplied to the Planning Authority.   
All developments of less than 3 houses or a non-householder extension under 100
square metres must provide a Drainage Statement.  A Drainage Assessment will be
required for all developments other than those identified above.
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c) Water Environment
Proposals, including associated construction works, must be designed to avoid
adverse impacts upon the water environment including Ground Water Dependent
Terrestrial Ecosystems and should seek opportunities for restoration and/or
enhancement, if appropriate. The Council will only approve proposals impacting on
water features where the applicant provides a report to the satisfaction of the Council
that demonstrates that any impact (including cumulative) on water quality, water
quantity, physical form (morphology), river hydrology, sediment transport and
erosion, coastal processes (where relevant) nature conservation (including protected
species), fisheries, recreational, landscape, amenity and economic and social impact
can be adequately mitigated. 
The report must consider existing and potential impacts up and downstream of the
development particularly in respect of potential flooding. The Council operates a
presumption against the culverting of watercourses and any unnecessary
engineering works in the water environment. 
A buffer strip of at least 6 metres between any new development and all water
features is required and should be proportional to the bank width and functional river
corridor (see table on page 96). This must achieve the minimum width within the
specified range as a standard, however, the actual required width within the range
should be calculated on a case by case basis by an appropriately qualified individual.
These must be designed to link with blue and green networks, including appropriate
native riparian vegetation and can contribute to open space requirements. 
Developers may be required to make improvements to the water environment as part
of the development. Where a Water Framework Directive (WFD)¬ water body
specific objective is within the development boundary, or in proximity, developers will
need to address this within the planning submission through assessment of potential
measures to address the objective and implementation, unless adequate justification
is provided. Where there is no WFD objective the applicant should still investigate
the potential for watercourse restoration along straightened sections or removal of
redundant structures and implement these measures where viable. 
Width to watercourse Width of buffer strip (either side)
(top of bank) 
Less than 1m  6m
1-5m  6-12m
5-15m  12-20m
15m+  20m+ 
The Flood Risk Assessment and Drainage Impact Assessment for New Development
Supplementary Guidance provides further detail on the information required to
support proposals. 
EP13 FOUL DRAINAGE 
All development within or close to settlements (as defined in the Local Development Plan)
of more than 2,000 population must connect to the public sewerage system unless
connection  is not permitted due to lack of capacity. In such circumstances, temporary
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provision of private sewerage systems may be allowed provided Scottish Water has
confirmed investment to address this constraint has been allocated within its investment
Programme and the following requirements have been met; 
• Systems must not have an adverse effect on the water environment
• Systems must be designed and built to a standard which will allow adoption by
Scottish Water
• Systems must be designed such that they can be easily connected to a public sewer
in the future. Typically this will mean providing a drainage line up to a likely point of
connection. 
All development within or close to settlements (as above) of less than 2,000 population will
require to connect to public sewerage except where a compelling case is made otherwise.
Factors to be considered in such a case will include size of the proposed development,
whether the development would jeopardise delivery of public sewerage infrastructure and
existing drainage problems within the area. 
Where a compelling case is made, a private system may be acceptable provided it does
not pose or add a risk of detrimental effects, including cumulative, to the natural and built
environment, surrounding uses or amenity of the general area. 
Where a private system is deemed to be acceptable, within settlements as above or small
scale development in the countryside, a discharge to land, either full soakaway or raised
mound soakaway, compatible with Technical Handbooks (which sets out guidance on how
proposals may meet the Building  Regulations) must be explored prior to considering a
discharge to surface waters. 
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REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON 28
JUNE 2022 
SUBJECT: BUCKIE SOUTH MASTERPLAN 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 This report asks the Committee to note the representations to the draft Buckie
South Masterplan and agree the Council’s response to these and that
delegated authority is granted to the Head of Economic Growth and
Development to make further technical amendments following an updated
Transport Appraisal (TA) and further revisions set out in this report and
thereafter, proceed to adoption of the Masterplan as non-statutory
supplementary guidance (SG) to the Moray Local Development Plan 2020
(LDP).   
1.2 This report is submitted to Committee in terms of Section III (E) (2) of the
Council’s Scheme of Administration relating to the Review and Preparation of
Strategic and Local Plans. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee; 
(i) notes the representations received to the public consultation on
the draft Buckie South Masterplan and agrees the Council’s
responses to these as set out in Appendix 1; 
(ii) agrees the amendments to the final draft Masterplan as set out in
Appendix 2 and that these will be incorporated into the
Masterplan; 
(iii) delegates authority to the Head of Economic Growth and
Development to make any further technical changes required to
the Masterplan following the review of an updated Transport
Appraisal (TA) and any necessary revisions required by the
Transportation Manager, and thereafter, proceed to adopt the
Item 12b)
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Masterplan as non-statutory Supplementary Guidance (SG) upon
the satisfactory completion of this work; and, 
(iv) agrees that the amalgamated final draft Masterplan and proposed
amendments will be a material consideration in the determination
of planning applications and that following any necessary
revisions required by the Transportation Manager, and
subsequent adoption as non-statutory SG to the LDP the
Masterplan is afforded significant weight in the development
management process. 
3. BACKGROUND 
3.1 The Buckie South expansion is a strategic long term planned growth area to
the south west of the town.  The Buckie South Masterplan includes the sites
R8 and LONG1 in the Moray Local Development Plan 2020 (LDP) which have
an indicative capacity of 500 houses.  The final draft Masterplan includes a
2.5ha site for a primary school/community facility, neighbourhood and pocket
parks, and makes provision for local shops and services.  The Masterplan has
been prepared by the developer, Springfield Properties plc (SPL), in
discussion with Council officers. 
3.2 A Masterplan covering both R8 and LONG1 is a requirement of the LDP 2020.
This is to ensure that a high quality design, reflective of Buckie, is delivered on
the ground and that a strategic approach is taken to the delivery of
infrastructure. The key design principles for the sites are set out in the LDP
2020 and have been reflected in the final draft Masterplan. The final draft
Masterplan has been uploaded to the Corporate Management and Information
System (CMIS) along with the agenda as an additional meeting document.     
3.3 A planning application for the first phase of development on site R8 for 101
residential units and one retail unit (87m2 Gross Floor Area (GFA)) was
submitted by the developer in August 2021 along with the first version of the
draft Masterplan for officer review.  The ‘twin-tracking’ of planning applications
and a Masterplan is not the Council’s preference as it can result in continual
amendments having to be made to the application as the Masterplan
progresses which utilises significant resources for the Council.  An overly
detailed Masterplan has been prepared by the developer rather than a
strategic framework allowing for the planning of infrastructure supported by a
design code which alongside the planning application has resulted in a
duplication of effort and work by Council officers.     
3.4 Following the submission of the planning application, the developer
subsequently lodged an appeal for non-determination of the application with
the Scottish Government’s Division of Planning and Environmental Appeals
(DPEA) who have issued a notice of intention that they are minded to approve
the appeal.  The appeal was lodged with the DPEA whilst the draft Masterplan
was subject to public consultation and a number of outstanding issues that
have been consistently raised from the outset with the developer still had to
be resolved which meant the final Masterplan could not be presented to an
earlier meeting of this Committee for approval.  The DPEA’s decision has
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ramifications for the final Masterplan including addressing issues raised in
representations to the public consultation on the draft Masterplan as set out in
section 5 of this report.   
4. PUBLIC CONSULTATION 
4.1 The draft Buckie South Masterplan was approved for public consultation at a
meeting of this committee on 18 January 2022 (para.9 of the minute refers).
Given the Covid-19 restrictions, the draft Masterplan was subject to an online
virtual consultation for 8 weeks, commencing on 18 January and ending on 14
March, where 1-2-1 virtual sessions with Council officers were bookable.  The
draft Masterplan consultation was advertised via social media, press releases,
letters and emails. 
4.2 18 representations were received from members of the public, Buckie
Community Council, and internal and external consultees.  A virtual meeting
with Buckie Area Forum was also attended by Council officers on 24
February.  The representations raised a number of issues including lack of
infrastructure, scale of development, road safety and volume of traffic,
improved connectivity to the wider area and rest of the town including the
need for the provision of a new crossing over the burn of Buckie, the need for
shops and community facilities, deficit of open space, lack of character and
identity, and general comments on the format in that it could be more user-
friendly.  A summary of the representations and the Council’s response to
these is provided in Appendix 1.  The representations have also been
uploaded to the CMIS for Members along with the agenda as an additional
meeting document.   
5. FINAL DRAFT BUCKIE SOUTH MASTERPLAN 
5.1 Further discussion between SPL and Council officers has taken place to
address the issues raised through the representations and those matters
previously identified as outstanding at the draft Masterplan stage in the report
presented to a meeting of this Committee on 18 January 2022 (para 9 of the
Minute refers).  The issues that have been actioned and addressed in the final
draft Masterplan prepared by SPL are set out below: 
a) 20-minute Neighbourhood: The Masterplan sets out a clear aspiration for
Buckie South to be a 20-minute neighbourhood.  This reflects the draft
National Planning Framework 4 (NPF4) which seeks to create liveable
places where people can meet the majority of their daily needs within a
reasonable walk, cycle or wheel (approx. 800m) of their home.  The final
draft Masterplan now includes a diagram (Volume 2, page 24) setting out
the location of 3 x 87m2 GFA and 1 x 350m2 GFA retail/commercial units at
Summerton Square which is to be a focal point of the new neighbourhood.
A location for a 300m2 nursery is also identified adjacent the
Neighbourhood Park given the benefits of co-locating this facility with open
space and food growing opportunities.  Wording in relation to the provision
of the retail/commercial units and nursery has been strengthened
throughout the document.  
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The retail/commercial GFA proposed reflects the recommendations for the
Buckie South Masterplan area included within the Retail Study approved at
a meeting of this Committee on 4 April 2022 as a material consideration in
the preparation of Masterplans (para 8 of the Minute refers).  However, the
Retail Study recommended that 150-300m2 retail/commercial GFA was
provided within the first phase (R8) of Buckie South.  Should the DPEA
approve the R8 appeal then there will be a shortfall in provision in the short
term until this is built as part of phase 3a (2028-31) which covers the
remainder of the Square.  It should be noted that phase 3a is proposed to
be built earlier in the final draft Masterplan as opposed to the draft
Masterplan where it was phase 3b (2031-33). 
b) Phasing: Phases 1 and 2 will take place on the east side of Barhill Road
and are anticipated to be complete by 2028.  Phases 3, 4 and 5 will take
place on the west side of Barhill Road and are anticipated to be complete
by 2042. The delivery of the west side (remainder) of Summerton Square
has been brought forward from phase 3b (2031-33) to phase 3a (2028-
31).  Similarly the Neighbourhood Park has been brought forward from
Phase 4 (2033-36) to Phase 3b (2028-33).  This means that the key focal
points of the new neighbourhood and facilities for residents are expected
to be delivered sooner than originally proposed.   
c) Open Space and Green Networks: The Masterplan has sufficient open
space of a good quality embedded into the new neighbourhood.  This
includes the provision of a large neighbourhood park that will be delivered
earlier than originally proposed, and two smaller pocket parks on the east
and west side of Barhill Road.  This will provide good access to open
space for all of the residents as well as providing play areas and kickabout
space.  Space is also reserved for food growing opportunities through an
allotment and community orchards.   
Woodland and structural planting will be provided around the edge of the
development within which there will be a path network providing good
recreational opportunities for residents.  The minimum width of structural
planting (20m) around the periphery has been clarified in the final draft
Masterplan. Further clarity has also been provided to define how ‘green
streets’ differ from a normal tree-lined street which is a requirement of
PP1.   
d) Format: The final draft Masterplan has been made easier to navigate and
more user-friendly.  As well as having been split into 3 volumes, the
Character Area Overview Table previously within Section 3 of Volume 1
now forms part of the Character Area Manual (Volume 3) and section 6
The Barhill Road Study also previously in Volume 1 has been moved to an
appendix which helps the flow of the document.   
e) Character and Identity: The new neighbourhood is designed to take
reference from Buckie’s historic context.  The Character Area Overview
Table and images of the town have been incorporated into the Character
Area Manual which helps understand how the design takes its reference
from Buckie.  Views to civic buildings within the town and outwards
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towards the Bin of Cullen have been incorporated into the conceptual
layout.  6 character areas are proposed.  Variation is to be provided
through materials, landscaping and building form.  Terminology has been
strengthened in the final draft Masterplan to ensure there is differentiation
between the character areas.   
Key buildings and vista stoppers have been identified and a caveat has
been added to the final draft Masterplan setting out that additional key
buildings and vista stoppers may be identified at the detailed planning
application stage. Additional wording has been incorporated into the final
draft Masterplan to clearly define the key elements of key buildings and
vista stoppers in terms of what makes them distinct from one another and
the remainder of the development.  This helps to add to the distinctiveness
of each character area and aid navigation, and ensure the intent of PP1 is
delivered at the planning application stage.      
f) Infrastructure: An updated Transport Appraisal (TA) has only recently
been submitted by the developer despite repeated requests which has
meant there has been inadequate time to review this in detail prior to the
meeting of this Committee. The Masterplan cannot be adopted until the
Council’s Transport Development Team are satisfied that the TA and any
necessary revisions required by the Transportation Manager have been
satisfactorily addressed, and the Masterplan updated to reflect the
changes.   
To improve east-west connectivity and promote active travel a new active
travel bridge across the Burn of Buckie and associated connecting
infrastructure is necessary.  The developer(s) of sites R8 and LONG1
along with developers of other sites in the west of Buckie will be required
to contribute towards this infrastructure, respecting that there is existing
demand.  It is proposed to include additional text to address this matter in
the final Masterplan as set out in Appendix 2. This wording was provided
to the developer however, they have refused to include this but the Council
consider this an essential element of the Masterplan.   
Additional amendments to be incorporated prior to the adoption of the
Masterplan are shown in Appendix 2.  These include ensuring that focal
points such as the Square and Neighbourhood Park are comprehensively
planned at the detailed planning application stage, the community woodland
forms an integral part of the new neighbourhood, active travel is promoted,
clarity on the floorspace of retail/commercial units is provided, and ambiguous
terminology is removed to speed up the development management process. 
These revisions have been consistently sought by Council officers from the
outset of the Masterplan but not taken on board by SPL. As SPL will not
amend the Masterplan as per the requirements that have been repeatedly set
out by the Council, it is proposed that the Council will undertake these
amendments.  This is considered necessary as the Masterplan will become a
Council document on adoption and it is important that the Masterplan is
sufficiently robust to deliver the vision of a high quality new neighbourhood at
Buckie South. Given that Council officers are seeking for it to be treated as a
material consideration in planning proposals it is essential that any ambiguity
within it is removed.  
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5.2 The final draft Masterplan together with the proposed amendments will
address the issues raised through the public consultation and those previously
raised by the Council. Therefore, the Masterplan can be afforded weight in the
determination of planning applications, and following the incorporation of any
revisions required by the Transportation Manager, the Masterplan can
proceed to adoption after which it will be given significant weight in the
development management process.   
6. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)) 
The Buckie South Masterplan provides a framework for a new
neighbourhood, with associated infrastructure and in doing so providing
employment and affordable housing which are priorities for the Council. 
(b) Policy and Legal 
The preparation of a Masterplan is a statutory requirement of the LDP for
large scale development sites such as Buckie South. Once adopted the
Masterplan will become Supplementary Guidance forming part of the
statutory Local Development Plan which planning applications will be
determined against. 
(c) Financial implications 
The future provision of a primary school and, as a minimum to provide
additional secondary school roll capacity, with an extension to Buckie
High School, is being considered as part of the Learning Estate Review
and future Asset Management Planning.  Should a primary school be
progressed within the Buckie South Masterplan area ground
investigations will need to be carried out at an estimated cost of £40,000.
Options are currently being appraised for the Learning Estate in Buckie,
including future options for Buckie High School, and a report by
Education Resources and Communities Service is anticipated on the
outcome of this appraisal.   
(d) Risk Implications
Should the Council not agree delegated authority to carry out the
amendments recommended in Appendix 2 the active travel bridge and
other issues highlighted through the public consultation will not be
addressed and the appeal will be determined without a Masterplan in
place which undermines the Council’s approach to masterplanning and
infrastructure. 
Should ground investigations not be carried out for the primary school
site in advance of the adoption of the Masterplan there is a risk that the
proposed location may be unsuitable and an alternative found which will
have financial implications for the Council.  
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(e) Staffing Implications 
Work on the Buckie South Masterplan has been carried out within
existing workloads of the Strategic Planning and Development section.
However it has created additional pressures for the Transportation
service. The Acting Head of Environmental Services and Commercial
Services is aware of these pressures. 
(f) Property 
The provision for an additional primary school and secondary school
capacity is being considered as part of the Learning Estate Review and
future Asset Management Planning.   
(g) Equalities/Socio Economic Impact 
None at this stage.  
(h) Climate Change and Biodiversity Impacts 
The Buckie South Masterplan seeks to reduce carbon emissions and
enhance biodiversity through the creation of a 20 minute neighbourhood
with local services and a potential school/community facility, active travel
connections, landscaping, green and blue networks and biodiversity
mechanisms such as bird boxes and amphibian friendly gullies.   
The NPF4 when approved will give significant weight to the Global
Climate Emergency in the determination of planning applications.  The
draft NPF4 states that all proposals should be designed to minimise
emissions over their lifecycle and major developments will need to be
accompanied by a whole life assessment of greenhouse gas emissions.
Similarly, policy 3 (Nature Crisis) requires development to contribute to
the enhancement of biodiversity whereby the design should reverse
biodiversity loss, safeguard the services that the natural environment
provide and build in the resilience of nature.  Whilst policy 7 (Local
Living) supports the principle of 20 minute neighbourhoods.   
The Buckie South Masterplan seeks to achieve some of the aspirations
of the draft NPF4 in terms of providing opportunities for local services
and active travel connections to create a 20-minute neighbourhood.
However, future applications will have to go significantly further to
achieve the aspirations of the policies set out in the draft NPF4 assuming
these are in the final version and approved.     
The future national policy direction is likely to require significant changes
to development in terms of the transport hierarchy, materials, density, re-
development of brownfield over greenfield sites, local energy systems,
biodiversity solutions tailored to the address the nature crisis and nature
based solutions, incorporation of non-residential uses to support local
living, and high quality designs that contribute positively to the character
and sense of place in which they are located.   
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(i) Consultations 
Consultation has taken place with the Depute Chief Executive
(Economy, Environment and Finance), the Head of Economic Growth
and Development, the Head of Education Resources and Communities,
the Head of Housing and Property, the Legal Services Manager, the
Senior Engineer Transportation, the Principal Climate Change Officer,
the Equal Opportunities Officer, the Development Management and
Building Standards Manager, Lissa Rowan (Committee Services Officer)
and Paul Connor (Principal Accountant) and their comments
incorporated into the report. 
6. CONCLUSION 
6.1 The Buckie South Masterplan provides a strategic framework for a new
neighbourhood to the south west of Buckie.  The Masterplan aspires to
achieve a 20-minute neighbourhood with a mix of uses, a network of
green and blue spaces, and active travel connections.   The final draft
Masterplan references the historic context of Buckie and seeks to
promote good health and well-being.  Whilst some revisions have been
made by the developer following the public consultation, further
amendments are necessary as despite requesting several times these
have not been made by SPL and therefore the Council needs to make
these changes to ensure the vision for Buckie South is delivered and the
planning application process is speeded up.   
6.2 The final draft Masterplan together with the proposed amendments
appended to this report can be afforded weight as a material
consideration in the determination of planning applications.  However,
further revisions may be necessary following the recent submission of
an updated TA, and delegated authority is being sought to make any
necessary changes as required by the Transportation Manager and
thereafter proceed to adopt the Masterplan after which it will be given
significant weight in the development management process.   
Authors of Report: Gary Templeton, Strategic Planning & Development
Manager
Eily Webster, Principal Planning Officer 
Background Papers:   
Ref: 
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APPENDIX 1
Appendix 1: Summary of Representations Received to Draft Buckie South Masterplan and the Council’s Response
Name/Organisation Theme Comment Moray Council Response
Buckie & District
Community Council
General The information contained within the Buckie South Masterplan
was hugely complicated and difficult to navigate through. We
sincerely hope this has not put people off responding as ultimately
the feedback is needed.
Changes have been made to the
masterplan to make it more user friendly.
This has included splitting into three
Volumes and removing some of the more
technical aspects into Appendices. The
Character Area Overview Table has been
moved to Volume 3 (Character Area
Manual) and Section 6 The Barhill Road
Study (previously included in Volume 1)
has been appended to the Masterplan
which helps with the flow of the
document.
Heike Bain General The existing developments in the south of Buckpool look like lego
houses. There are no real green spaces, no large trees, and no
wildlife friendly features. The proposals in the Masterplan look fine
on paper, but when it comes to it, will it really be implemented in
the whole development?
The masterplan seeks to create a new
neighbourhood that will contain a number
of individual character areas that are
distinct and reflective of the townscape of
Buckie. As shown in the masterplan, each
character area will have its own material
palate to ensure that they are distinct
from one another. Each character area
will also use different colours and species
in terms of landscaping and planting to
ensure seasonal variation and colour all
year round. In addition to this key
buildings will also be located on
prominent locations within each character
area which will be differentiated through
design and materials from other the other
buildings.
Item 12b)
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APPENDIX 1 
The masterplan has good quality open
space embedded into the development
and will be key features of the
neighbourhood.  This includes the
provision of a large neighbourhood park
and smaller individual pocket parks which
will provide good access to open space for
all of the residents as well as providing
play areas and kickabout space. 
The masterplan also has space reserved
for allotments and a community orchard. 
Woodland and structural planting will also
be provided around the edge of the
development to provide good recreational
opportunities for residents. 
Once adopted the masterplan will become
a material consideration in the
determination of planning applications. 
Any detailed planning application will
have to not only comply with the
principles and design code set out in the
masterplan but also Primary Policy PP1
Placemaking of the Moray Local
Development Plan 2020 (MLDP).  Any
detailed application will be subject to a
Quality Audit (QA) to assess the proposal
against PP1 by a multi-disciplinary team of
Council Officers to ensure that the highest
standards of urban design have been met
and the proposal fully complies with PP1.
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APPENDIX 1 
Meg Jamieson General Objection to the masterplan.  Issue with the consultation period
being rushed before the local elections.  Plenty of one spaces in
Buckie to hold events to speak to people.  More time should be
given and perhaps door to door consultation. 
Land not identified for housing in the plan should remain that way
and not be sold for housing in later years.  Land should remain as
the identified use as per the local development plan. 
There is an area identified for allotments.  Given there are
allotments already identified in Buckie, what is the reasoning for
allocating more? 
Objection to the masterplan and
consultation period are noted.  Given the
time constraints with regards to the local
elections and with rules regarding Covid
19 at the time, it was not possible to
undertake a face to face pubic
consultation event as was previously done
pre-pandemic. 
The masterplan area represents a long
term and significant extension to Buckie
that will provide housing for the next 20+
years.  Ensuring that the space for
allotments are included within the
masterplan from the start is important so
that should the demand for this facility be
required in the future space has been
reserved.  Community facilities like
allotments are important to creating
healthy and vibrant neighbourhoods and
offer good opportunities for community
cohesion and for improving the mental
health and well-being of residents. 
Comment regarding the sale of land is
noted.  Land that is identified as housing
will remain allocated for that use
throughout each plan period.  However, it
is reviewed at the start of each MLDP plan
process and can be changed if deemed
appropriate. 
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APPENDIX 1 
NatureScot General Pleased to see the planning that’s gone into the design for open
and green spaces and creation of habitats to benefit biodiversity.
Comment noted.
HES General No comments or objections. Noted.
Archaeology Service  General Volume 1 – Section 3 Historic Context 
We welcome the research undertaken on the historic development
of Buckie and that it notes it as being a product of several smaller
villages being merged together over time. 
Volume 1 - Section 4 Site Analysis 
This section currently lacks reference to the historic environment
and the following two sites should be noted as considerations
within the Masterplan: 
• East Burn, otherwise shown as Burn of Rathven, is part of a
former mill lade for the Mill of Buckie (see HER Reference
NJ46SW0026), a 19th century mill which includes on the NE
boundary of the development site the former mill pond. It is
unclear as to how much of the site boundary overlaps with this
feature, but where possible it should be retained and incorporated
into the green infrastructure of the site. 
• Within the proposed development boundary there is also
the cropmark of a possible circular enclosure with two possible pits
(see HER Reference NJ46SW0068). This is possible indicative of
prehistoric activity at this location. Targeted archaeological
evaluation of this site will be required, but this can be done post-
determination via applied Conditions to the Decision Notice should
the application be minded for approval. 
Volume 1 - Section 6 Historic Analysis and Barhill Road Study 
Noted. 
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APPENDIX 1 
We welcome the addition of sketch diagrams which demonstrate
the design linkages between the key historic areas of Buckie and
this new proposed development layout. This helps to embed the
new development within the wider landscape setting and context
of Buckie as a town. 
Volume 2  - Section 7 Public Art and Wayfinding 
The examples given of public art in this section are excellent
references to the rich cultural history that a place can have, and a
continuation of that would be welcomed. As with any public art
and wayfinding, careful consideration should be given to scale and
placement in order to avoid streetscape ‘clutter’. 
The Council will seek to ensure that public
art is delivered as proposed in the
Masterplan at the planning application
stage.  The location of public art will
ensure that streetscape ‘clutter’ is
avoided. 
Scottish Water General There is a Strategic Network Impact Assessment in progress for
Buckie; this includes both wastewater and water assessments. 
Comments noted.
Moray Open Space,
Access & Policy
Officer
General It is right that a key thrust of the masterplan is to encourage active
travel. The document recognises the role of providing good
linkages to the Core Paths network in achieving this aim. The
masterplan area can connect directly to the existing Core Paths
network but the Buckie Burn to the east constrains connectivity. 
It is considered the main direction of active travel will be to the
north and east as opposed to the south and path connectivity
should be focussed in this direction. The development extent of
Buckie South will impact on the existing Core Paths network and
mitigation is considered to be required to improve accessibility and
increase the carrying capacity of parts of the network where
constraints limit use. These are identified as follows: 
Site R7 is outwith the masterplan area and
is a separate designation.  The settlement
text has a series of policy criteria that
must be met and any issues relating to the
cemetery will be addressed at the detailed
planning application stage. 
The masterplan identifies a hierarchy of
open space including a neighbourhood
park and pocket parks to ensure that
residents have good access to areas of
open space.  Allotments, a community
orchard, and informal woodland walks are
proposed within the masterplan ensuring
that there is a good variety of open space
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APPENDIX 1 
BK03 – Provide new accessible bridge across the Buckie Burn at
Mains of Buckie
BK07 – Improve BK07 and extend southwards down both sides of
Barrhill Rd as a 3 metre wide cycle path. This I believe is already
mentioned in the document.
BK09 – Provide a surfaced 2M wide path across the field at the
southern end of BK09. 
Cemetery Impact - R7 (Page 12) is adjacent to the cemetery and we
have concerns about impacts of the proposed residential
development on the cemetery – given the current link road
through this area to the cemetery, i.e. need for unrestricted access
for funerals and operational activities connected with the
cemetery. Any layout for the new development needs to
accommodate the operational requirements of the cemetery. 
It is considered that overall there is a deficit of green/open/play
spaces in the masterplan and this needs to be addressed in the
overall layout. There also are concerns about additional resources
required for maintenance when there is an increase in publicly
managed / maintained open space. Where possibly separate
management regimes should be put in place to minimise this
burden. There are also concerns about increased pressures on the
relatively small play area at Buckpool Harbour that will result from
the new developments.
across the masterplan area.  Further
amendments are being sought to ensure
the ‘community woodland’ is delivered as
part of the Buckie South Masterplan in
order that it also becomes a recreational
asset and enhances biodiversity.   
Any detailed planning application will
have to comply with Policy EP5 Open
Space which requires open space to meet
both the quality and quantity standards as
set out in the policy. This is to ensure that
what is being provided is functional and of
high quality to provide residents with
good recreational opportunities.  For
these reasons the open space provision as
set out in the masterplan is deemed to be
acceptable. 
A new active travel bridge across the Burn
of Buckie and connecting routes is being
sought to promote active travel and text is
set out in Appendix 2 to the Committee
Report to ensure that the new active
travel bridge and associated connecting
routes are delivered.  
SEPA General Green network & corridor to West Burn - it is difficult to
understand what is proposed for this corridor as part of the
masterplan - there is reference to 'potential for localised
realignment & habitat enhancements' and to a 20m corridor.  We
request that more detailed proposals are provided for this corridor
as part of the masterplan showing the extent of land within the
fluvial floodplain of the watercourse; proposed watercourse
Comment noted.  This wording will be
included in the masterplan so that the
relevant information is provided at the
detailed planning stage.
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APPENDIX 1 
realignments; details of buffer strips (including dimensions) to the
watercourse which are to be undeveloped and details of habitat
enhancements. 
Figure 30 - Rev A shows 'structural woodland' immediately
alongside the watercourse and further details are required if this is
to be the case.
Moray Council,
Environmental
Health
General 1. Construction Noise –  The construction of infrastructure
and development is likely to be significant in terms of duration and
it will be necessary to ensure the amenity of existing noise
sensitive receptors is not significantly affected. Proposals for key
phases may involve vibratory piling and there may be occasions
where pumping equipment, generators require to operate out with
normal working hours. All significant sources of noise and vibration
during the construction phase will require to suitably assessed,
having regard to PAN 1/2011 and the more specific guidance
available within BS 5228 – 2009, Parts 1 and 2. 
2. Proximity to Inchgower Distillery- the development
encroaches closer to the distillery and it will be necessary for a
Noise Impact Assessment to address this aspect, in order that the
future amenity of the residential development is not affected.
Similarly, there is a need to consider the site at the northern end
and it’s proximity to the existing commercial manufacturing unit. In
addition, the possible formation of retail units and a potential
school will need further consideration on noise emissions to ensure
the existing and future residential development is not significantly
affected. 
3. Air Quality/Noise from road traffic –Local Plan Policy EP 14
require assessments to be undertaken and appropriate mitigation
measures identified where it is thought a proposal may impact on
existing air quality levels. It is therefore anticipated that given the
Comments noted.  These issues will be
dealt with at the detailed planning
application stage and not changes to the
masterplan are required.
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APPENDIX 1
expected long term increase in road traffic there will be a need to
undertake a comprehensive air quality assessment for the
development. I would also anticipate some consideration be given
to short term impacts associated with dust at the construction
phase. I would also anticipate the need for assessment of road
traffic noise arising from the development, as well as the potential
for off-site impacts arising.
Buckie & District
Community Council
Infrastructure Concern at the level of housing, mainly because of the impact this
will have on our existing infrastructure.
Health provision is fragile, with doctors and dental surgeries under
strain.
What shops, provision for schools, and community facilities? An
additional 500 houses require significant investment in the
community-based facilities to make our town attractive and safely
accessible.
Welcome further consultation with the wider public to ascertain
what facilities we see as necessary to help support the extension of
our town over the coming 10 years. These are questions that need
to be addressed before further housing is built without the correct
local facilities to support these new neighbourhoods.
Buckie is identified as a secondary growth
area in the Moray Local Development Plan
(MLDP) 2020 which reflects the
importance that the settlement has as
acting as a key centre within the eastern
side of Moray. Within Buckie,
development opportunities are extremely
limited and constrained on the eastern
side making developing the western side
the only option to provide effective and
deliverable sites to meet the strong
demand for private, affordable, and
accessible housing within this area.
The MLDP sets out that a masterplan is
required to be provided for the whole
growth area prior to the approval of
planning applications. This allows the long
term future growth of Buckie to be
planned effectively for the next 20+ years
and avoids piecemeal development which
often leads to poorly designed
developments. In terms of the 500
houses, this is an indicative capacity and it
is envisioned that it would be provided
Lisa Cowie Infrastructure Netherlea Road and St Peters Road are struggling with the volume
of traffic and the schools are at capacity. An additional 500 homes
will add strain of existing services ie doctors.
Shannon Mitchell Infrastructure Another primary school will be required and Buckie High will need
to be expanded due to the expansion in Buckie. There will need to
be more nurseries and improvements made to Dr Grays to
accommodate this development. Improvements to the roads are
required due to the number of potholes.
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APPENDIX 1
over this timescale should the demand be
there.
A masterplan led approach ensures that
all necessary long term infrastructure and
transportation requirements are identified
from the outset. For example, it allows
for 2.5ha area of land to be reserved of
for a future education facility should it be
required in the future.
It will also ensure that good connections
are provided within the development and
to surrounding area and that the highest
standards of Urban Design are achieved
through a place-based approach to meet
the Moray Council’s Placemaking
aspirations of creating neighbourhoods
that have character and are reflective of
the settlement that they are located in.
Providing a mix of uses is important to
creating successful neighbourhoods and
to meet the Council’s Placemaking
ambitions. To address this the MLDP
explicitly requires the need for local shops
and services to be provided within the
growth area and included within any
masterplan to create a successful mixed
use neighbourhood that provides facilities
for local residents. This is in line the
Scottish Government’s aspirations to
create “20 minute neighbourhoods”. This
Sandra Simpson Infrastructure Does Buckie need additional houses? The existing infrastructure
throughout the town has been neglected for years. The pavements
are crumbling and dirty, the storm drains are full of debris and in
some cases completely covered over. Fences, railings, stonework
are all failing. Can these large developments not have a “rest”
period between further building so that the town can learn to
cope? There are other sites designated for housing in Buckie and
surrounding villages. Will these all be built at the same time
putting pressure on utilities and infrastructure?
No objection to building on areas zoned for housing as long as it is
done responsibly. If there are large amounts of houses being
approved I don’t see the point on building on “windfall” sites and
using up all the green areas. Note that two of the Buckie plans in
this document have been cropped to omit the area of the Portessie
development which I find misleading if you are referring to Buckie
as a whole.
Heike Bain Infrastructure More GPs, jobs, cafes, a pub/restaurant and a place for our future
old people to go and live. Parks will not be big enough to
accommodate for so many more residents in future years.
Jan McGarrigle Infrastructure Works at Dr. Gray’s Hospital and the hospital isn’t big enough for
the people of Morayshire. A larger hospital is much needed prior to
any building work especially a large scale development.
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APPENDIX 1 
concept will feature in the upcoming
National Planning Framework 4 (NPF 4)
and seeks to ensure that residents are
located within walkable distances to local
amenities and greenspaces which in turn
will promote active travel and encourage
healthier lifestyles. 
The provision of the retail requirements
that will be included within the
masterplan has been determined by a
retail study.  This was approved by the
Planning and Regulatory Services
Committee on 4 April 2022 and is a
material consideration in the
determination of planning applications.  In
summary this will require that a total of
500 – 750 sqm of floorspace is provided
for retail and business uses.  The final
draft Masterplan has been updated to
show where this retail/commercial
floorspace will be located and the wording
throughout the document has been
strengthened to help ensure these shops
and facilities are delivered.   
The MLDP 2020 contains policies that seek
to provide a hierarchy of high quality
multi-functional green spaces within
developments which must be provided in
the masterplan to ensure that they are in
the correct locations and accessible for all. 
This includes the requirements for the
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APPENDIX 1 
provision of a large neighbourhood park
as well as smaller pocket parks which will
contain play areas and kickabout space. 
Space for allotments will also be required
to be included which will provide food
growing opportunities as well as helping
to build community cohesion by
encouraging social interaction within the
new neighbourhood. 
In addition to providing high quality green
spaces the MLDP and masterplan places a
strong emphasis on promoting and
enhancing biodiversity. Through the
masterplan and Policy PP1 this will be
achieved through a variety of means such
as through a mix of seasonal planting,
woodland planting, embedding blue and
green infrastructure into streets and open
spaces, and providing support for animals
and birds through the provision of
bat/squirrel/bird boxes and hedgehog
highways. 
The MLDP takes an infrastructure first
approach to ensure that any adverse
impact upon existing infrastructure is
mitigated. The Council seeks developer
obligations, which are financial
contributions, from developers towards
infrastructure items to mitigate the
impact of developments. In this case, to
satisfy policy PP3 Infrastructure and
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APPENDIX 1 
Services of the MLDP 2020, any future
proposal will have to proportionately
contribute towards primary education,
secondary education and a
reconfiguration of Seafield and Cullen
Medical Practice to increase capacity
within these facilities as a result of the
increased demand caused by the
proposal. Transport contributions will also
be sought. 
The masterplan area focusses on the sites
R8 and LONG 1 in the MLDP 2020 which is
on the western side of Buckie.  Portessie is
on the eastern side of the settlement and
is not relevant to the masterplan. 
Improvements and the maintenance of
roads is a separate issue and is not part of
the planning process. 
See comments and responses below
relating to Transportation issues raised. 
Comments relating to Dr Gray’s and
healthcare staffing are noted but is not an
issue the masterplan or Moray Council can
address as it is under the remit of NHS
Grampian. 
Heike Bain A98 Junction The A98 junction will become busy.  Suggests a roundabout
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APPENDIX 1 
Meg Jamieson A98 Junction The A98 junction needs upgraded. This plan would put more
pressure on this junction. Any development work would need to be
done prior to any more development in Buckpool. 
The Masterplan Transport Appraisal
includes capacity testing of this junction
for the full development and future
growth in traffic on the A98. The testing
does not indicate a need for an upgrade to
provide additional capacity. However
future Transport Assessments for each
stage of the development will be required
to support the forthcoming planning
applications and this junction will be
tested again as part of that process. 
As the development progresses along
Barhill Road towards the A98, street
lighting will be introduced along that
corridor as part of the development. This
lighting could be extended to encompass
the A98/Barhill Road junction as part of
those works. 
Steph Moffat A98 Junction Lighting at the end of the Inchgower Estate at the A98 would be
welcomed as this is the darkest and most dangerous turn in the
dark hours.    
Heike Bain Traffic Volume
& Connections
All traffic is using Barhill and Netherha Road at the moment. It is
getting too busy and another 500 cars will mean intolerable traffic
on roads that were never supposed to have that amount which is
dangerous.
The Masterplan has been accompanied by
a Transport Appraisal which has
considered the growth in traffic due to the
proposed development and whether the
existing road and junctions have capacity
to accommodate that traffic. 
The Transport Appraisal did not identify
any junctions or roads which would need
to be upgraded to provide additional
Meg Jamieson Traffic Volume
& Connections
Serious issue with connectivity across Buckie.  This plan would add
to existing pressure on our roads. Not just on Barhill road but on
Netherha Road, St Peter’s Road, Ensly Place and the roundabout at
the Buckpool side of the Victoria bridge. The housing estates then
become a race track as people try to avoid the traffic and take
short cuts. 
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APPENDIX 1 
There is a GP practice and cemetery on Barhill road as well as
access to the recycling centre, and Merson Park and a golf course.
Buses come into Buckpool from the A98 and people also use the
bus stop at the hospital and GP surgery. This road is already a main
access to Buckpool and this development would flood the road
with even more traffic. There may be a roundabout being put in
place but this will have the effect of speeding up traffic beyond this
as people try to get through our housing estates. This is a clear
safety issue. 
Safety issue with increased traffic on Netherha Road due to a high
number of elderly people living there.   
Issue with bottle neck at Victoria Bridge 
Traffic and safety concerns at St Andrew’s Square as this is an
access to the school and chapel. 
I would ask more assessments should be carried out of the areas
including the pressures on the existing roads, pavement and
housing estates. I would also ask for a wider consultation with the
people of Buckpool on the connectivity and the effect on our
extended community.
capacity to accommodate the proposed
development. 
However, future Transport Assessments
for each stage of the development will be
required to support the forthcoming
planning applications and the junctions in
the vicinity of the development, which
includes the double mini roundabouts at
St Peters Church (St Andrews Square), will
be tested again as part of that process. 
An additional active travel crossing of the
Burn of Buckie has been identified as
infrastructure needed to support walking
and cycling from the masterplan area to
the eastern part of Buckie including to the
supermarket on the eastern side of the
burn.
Developer Obligations towards this new
bridge and the routes leading to it will be
sought as part of any future planning
applications. 
The maintenance of existing roads is not
considered as part of the planning
process. 
The development of the Masterplan has
placed a high priority on providing
infrastructure to support pedestrians and
Buckie & District
Community Council
Traffic Volume
& Connections
Roads are bottlenecked within the Buckpool area with no proper
access safely into the town from Buckpool.   
People walking into town from the current Springfield
developments are walking unsafely on grass verges at Inchgower
distillery on the A98.  We need plans to create accessible, safe
pathways into the top end of Buckie towards Tesco.  
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APPENDIX 1 
Road conditions are reaching the point of disrepair, and is
something that we as a community and community council want to
see developed within any proposals.   
Delivery of developments needs to be within times agreed, rather
than promises of something that never comes to fruition. 
cyclists and seeks connectivity to adjacent
development. 
As development progresses, Barhill Road
will be re-designed to enable its continued
use as a bus route and by traffic accessing
Buckpool. There will be cycle path
provision adjacent to Barhill Road, with
provision for active travel on both sides of
the road. 
The required sightlines at the A98/Barhill
Road junction will be provided –
development will not be permitted to
encroach into these sightlines. 
John Falconer Traffic Volume
& Connections
Concern with the ability of Barhill Road to be able to accommodate
a further 500 houses in addition to a current planning application
from another developer seeking permission for 200 to the west of
Barhill Road. 
There are already a large number of houses being inadequately
served by Barhill Road in addition to a local hospital, GP surgery,
two cemeteries, a golf course and recycling centre. The most
disgraceful matter regarding Barhill Road is the number of school
children who must navigate the volume of traffic every school day. 
The lamppost located on Barhill Road, opposite Golf View Drive,
has a sign directing walkers along Golf View Drive around the
western edge of the golf course.  If the current application is
approved it will bring walkers closer to stray golf balls.
Susan Chalmers Traffic Volume
& Connections
I note that a Transportation Strategy has been prepared alongside
the Masterplan, however I have been unable to find this, so I make
the following pleas: 
That there will be: 
• suitable road and pathway connections to the rest of
Buckie and the wider region
•  a new crossing over the Buckie Burn, to avoid further
clogging of the St Peters Road / Victoria Bridge area
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APPENDIX 1 
• widening of Barhill Road to cope with what could
potentially be 1000 extra vehicles
•  integration of a cycle path into Barhill Road
• pavements on both sides of this new “residential street”
•  a paved and accessible foot and cycle route to the Tesco
supermarket, preferably away from the A98 [i.e. an
improvement to the core path “through a ford and the
farmyard” as mentioned in the Plan]
• major improvements to the junction of Barhill Road with
the A98. 
Under the current proposals, it seems that the junction is being
made even more dangerous by the obstruction of sight lines with
the proposed installation of stone walls and signs on the junction,
and hedges on the northern edge of the road    
Sandra Simpson Amenities There are less amenities now than there were 50 years ago. We
used to have the outdoor swimming pool, tennis courts, clean
grassy areas for children to play, youth clubs and public
conveniences dotted around the town. There is no longer a bus
service to Keith railway station and the cost of bus travel is quite
high unless you have a travel pass. There are less Police, Council
facilities and banks forcing folk to travel outwith the area to get
help and this in a time when we are being discouraged from using
cars.
Comments regarding the provision of
facilities across Buckie are noted.  While
the masterplan cannot directly address
the issue mentioned in the comments the
MLDP takes an infrastructure first
approach to ensure that any adverse
impact upon existing infrastructure is
mitigated. The Council seeks developer
obligations, which are financial
contributions, from developers towards
infrastructure items to mitigate the
impact of developments. In this case, to
satisfy policy PP3 Infrastructure and
Services of the MLDP 2020, any future
proposal will have to proportionately
contribute towards primary education,
secondary education and a
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APPENDIX 1 
reconfiguration of Seafield and Cullen
Medical Practice to increase capacity
within these facilities as a result of the
increased demand caused by the
proposal. Transport contributions could
also be sought. 
The masterplan will create an attractive
mixed use neighbourhood.  This includes
the provision of future school site should
it be required which could include a
community facility, space for a nursery,
and a mix of retail and commercial
floorspace.  It is proposed to locate the
future retail/commercial space within
Summerton Square character which will
be at the centre of the new
neighbourhood.  This central location will
allow for good access for all residents.  To
discourage car use, good pedestrian and
active travel connections will be provided
across the masterplan area and streets
will be designed so that they legible and
easily navigated.    
Transport Develop,
Environmental &
Commercial
Services
Transportation Some of the feedback provided previously has been taken on
board, however there remains a few areas which have not been
fully addressed, including the number of cul-de-sacs and private
access roads within the development layout where refuse
collection vehicles will be unable to safely access properties. 
Volume 1 
Delegate authority is being sought to
address the Transportation Manager’s
comments that have repeatedly been
raised with the developer throughout the
preparation of the Masterplan.  
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APPENDIX 1 
Page 41 refers to the Phase 1 Transport Assessment for details of
the measures to support the reduction of the speed limit on Barhill
Road. The proposals in the TA which accompanies the planning
application are not accepted. However details submitted as part of
the dialogue on the Masterplan Transport Appraisal on 24 February
which goes through how each phase of development will influence
the transition to lower speed limits through the introduction of
physical measures such as traffic islands is acceptable. Therefore
the reference on Page 43 should refer to the Masterplan Transport
Appraisal and not the Phase 1 planning application. It should be
noted that when a 40mph speed limit is provided bus lay-bys will
be required. 
Pages 42 to 53 show a series of sketches initially shared in April
2021 and commented on by Transportation in May 2021. Some of
the comments have been accommodated. However some of the
comments have not been taken on board in the sketches.
Therefore the text in para 5 on page 41 needs to clarify that the
sketches are the development of a concept which will be refined as
the planning application for each phase is submitted. 
Volume 2 
Note – comments on Masterplan layout will be based on Figure 41a
Movement Hierarchy – Combined. 
Page 141 paragraph 2 – the nature of pedestrian crossing facilities
on Barhill Road will be determined by the number of vehicles and
pedestrians during each planning application. However it should be
noted that pedestrian refuge islands have a traffic calming effect
which would assist in reducing vehicle speeds. Moray Council
therefore have a preference for this type of crossing facility on
Barhill Road. However if a School is to be provided, this may need
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APPENDIX 1 
to be served by a Toucan crossing. New zebra crossings are
generally not supported as they do not support partially sighted
pedestrians. 
Page 28 Figure 41a – A significant number of cul-de-sacs and
private driveways are shown throughout the masterplan. This
makes servicing for refuse collection vehicles difficult (lack of
turning facilities) and can have an adverse impact on the legibility
of the street network and development. There is potential for a
vehicular connection in the north east corner of Phase 1
connecting to the adjacent Inchgower development. Junction
spacing on Barhill Road is only suitable for a 30mph speed limit.
This makes the treatment of Barhill Road key to enabling the
development as set out in the masterplan, through the provision of
direct vehicle access to properties and changes in the horizontal
alignment of the road through the provision of pedestrian refuge
islands. The south-western side of Sommerton Square has no
dedicated pedestrian/cycle infrastructure indicated. In the
northwest corner of the site the connection to the existing
development remains somewhat angular and will require
refinement during the design process. 
Pages 32 to 35 – Schematic options for street hierarchy will require
further development and refinement during the design of each
phase of development. 
Transport Develop,
Environmental &
Commercial
Services
Active Travel The draft South West Buckie Masterplan makes reference on page
7 of Volume 2 to feasibility work being undertaken by the
developer looking at options for providing an active travel bridge
over the Burn of Buckie.
Moray Council have commissioned an engineering consultant with
specific experience in active travel and bridges to assess the
feasibility of providing an active travel crossing and connecting 
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APPENDIX 1 
routes to promote active travel across the Burn of Buckie in the
southwest of Buckie. The area considered was from the existing
ford at Mains of Buckie to just to the south of Braeview Cottages. 
A desktop assessment and site visit collected relevant data and
information for the study and included a topographical survey.
Potential route options were identified and an appraisal matrix
used to determine a preferred alignment. The appraisal matrix
aligned with the core objectives of Local Transport Note 1/20 Cycle
Infrastructure Design.
The Feasibility Study considered both the provision of a new
structure over the Burn of Buckie to provide a connection between
Buckpool and Buckie and the connecting routes, which would be
required to provide high quality active travel links from the
surrounding communities to the new active travel crossing. 
Three bridge locations were considered and two different
connecting routes. The new developments to the south-west of the
burn were identified as a core area that required improved links to
the existing amenities to the northeast, which includes schools,
healthcare, shops and areas, were employment is located. 
Through the review of information and using the feasibility matrix
the location of the preferred crossing point and connecting route
was identified. The preferred route leads from the end of Highfield
Road just to the east of the Burn of Buckie, over the burn through
the provision of a new bridge over the burn and then remote cycle
path connection to Core Path No BK08. The Core Path would also
be upgraded to provide a high quality route to Barhill Road. As
developments take place within the South West Buckie Masterplan
area links from the housing to this route would be sought to
enhance connectivity. 
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APPENDIX 1 
Initial journey time savings for pedestrians from the future housing
to key destinations on the eastern side of the Burn of Buckie range
from 4 to 15 minutes. Such journey savings can act as an incentive
to use active travel rather than the private car. 
Initial cost estimates were provided using SPONS rates, and further
informed by the costs of recent similar schemes worked on by the
consultant team. The total estimated cost for the preferred option
is £1,714,000. 
Carbon estimates were also undertaken for the preferred options
using the National Highway’s carbon emissions calculation tool. It is
estimated that for the preferred option, there would be 1,507
tonnes of carbon dioxide emissions during the construction period. 
The Feasibility Study confirmed that there is scope to provide a
bridge. Further journey time analysis undertaken to determine the
potential journey time savings for pedestrians using a new active
travel link has been undertaken by the Council, looking at the
individual development areas in the current (and previous) Local
Development Plans which determined: 
Approximate Walking Distances (Miles) 
Without Bridge With Bridge  
Tesco Millbank Tesco Millbank
R7 1.9 1.6 1.5 1.3
R8 (West) 2 1.8 1.3 1.1
R8 (East) 2.4 2.1 1.1 0.9
LONG1 2.4 2.1 1.6 1.4     
Approximate Journey Times (min)    
Without Bridge With Bridge
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APPENDIX 1 
Tesco Millbank Tesco Millbank
R7 38 32 31 27
R8 (West) 41 36 25 22
R8 (East) 47 41 21 18
LONG1 48 43 32 28 
Taking into consideration the findings of the Feasibility Study and
the additional information above, Transportation will be seeking
developer obligations towards the provision of the new active
travel infrastructure for the planning applications associated with
the Masterplan area and the R7 site (which is not included in the
Masterplan). The level of contribution sought would be based upon
a proportionate split between sites/planning applications, based
on the number of housing units applied for. 
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APPENDIX 2
Appendix 2: Amendments to be incorporated into the Final Masterplan
Volume 1
Page Number Change/Amendment Required
Page 5 Add paragraph  “The area allocated for a Community Woodland that is located between the existing development on Barhill Road
(site R6) and R8 will become an important feature of the wider Buckie South Masterplan area given this its prominent location on
Barhill Road and proximity to Summerton Square as shown on the illustrations in the Masterplan.  It must not be characterised by
rear elevations and timber fences.  It must have has a clear function and provide good recreational opportunities for residents. 
To ensure that this area of land is developed and integrated into the new neighbourhood at an early stage and as intended per
the Masterplan, an application for the community woodland must be submitted prior to or in tandem the Phase 2 application or
alternatively, planning conditions will be attached or a s75 legal agreement put in place for a Phase 2 application.” 
Page 7 Add paragraph titled “Developer Obligations Supplementary Guidance”. “Moray Council’s Supplementary Guidance (SG) on
Developer Obligations is statutory SG to the Moray Local Development Plan 2020.  Developer obligations are financial
contributions sought from a developer to mitigate the impact of their development on existing infrastructure and the community. 
Where development takes place there is a need for infrastructure and facilities to accompany it.  This can include a wide range of
infrastructure and facilities including schools, roads/paths, public transport and healthcare depending on the scale, location and
type of development.  Developers are encouraged to contact the Council’s Strategic Planning & Development Team (Developer
Obligations) as early as possible to ascertain whether developer obligations will be sought during the planning application
process, so that these can be accounted for in the purchase price of the land and reflected in the value of the land.  The
Developer Obligations SG can be viewed on the Council’s website and SPD (Developer Obligations) contacted by emailing
developerobligations@moray.gov.uk.”     
Page 8 Add paragraph, “An 8 week public consultation was undertaken by Moray Council in which key stakeholders, including the
Community Council, were consulted for their views.  A virtual meeting with the Buckie Area Forum was also attended by Council
officers on 24 February 2022.  The Masterplan consultation was advertised via social media, press releases, letters and emails.  In
total 18 representations and responses were received which were taken into consideration in formulating the final Masterplan
which was reported to the Planning & Regulatory Services Committee for approval on 28 June 2022.” 
Page 9 Re-title “Infrastructure required to facilitate Buckie South” and replace text with “The R8 and LONG1 sites have been allocated to
provide for the long term strategic growth of Buckie.  It is intended to be of a size and scale to allow for between 500-600 homes
over a likely 25 to 30 year duration, along with shops, community and local facilities.  The development will be phased and come
forward incrementally as market conditions dictate but will likely be in the region of up to 20 homes per year.
Item 12b)
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APPENDIX 2 
Figure 1 shows the location of local facilities with the town in relation to sites R8 and LONG1.  The isochromes on the diagram
show facilities within a 10 minute and 20 walking distance ‘as the crow flies’ however, the actual walking distances are often
longer.   Given this and in accord with the concept of a 20 minute neighbourhood, Buckie South will include retail provision in
accord with Moray Council’s retail study at Summerton Square.  A location for a private nursery is also identified adjacent the
Neighbourhood Park providing opportunities for children to access outdoor space which will incorporate food growing areas.   
Buckie High School and Cluny Primary School are located to the north of the new neighbourhood.  A 2.5ha site for a potential
primary school/community facility is identified within the Buckie South Masterplan area. A review of the Learning Estate is
currently being undertaken by Moray Council. 
The Buckie South neighbourhood is located in close proximity to Seafield and Cullen Medical Practice.  Developer obligations will
be sought towards healthcare infrastructure which include GP’s, dental chairs and community pharmacies. 
To enhance connectivity and promote active travel developer obligations will be sought towards an active travel infrastructure
including an active travel bridge across the Burn of Buckie in the south-west of Buckie.  The outcome of a feasibility study carried
out by Moray Council identified that the preferred route leads from the end of Highfield Road to the east of the Burn of Buckie,
over the burn through the provision of a new bridge over the burn and then remote cycle path connection to Core Path No
BK08.  The Core Path will also be upgraded to provide a high quality route to Barhill Road.  As there are 2 developers delivering
development within the south west of Buckie contributions will be sought proportionately.   
The Buckie South Masterplan identifies that a neighbourhood park and 2 pocket parks will be provided.  This will help to ensure
that there are opportunities for sports and recreation within the new neighbourhood as well as green/blue infrastructure, food
growing and enhancing biodiversity are provided.   
Developer obligations will be assessed and if necessary, sought at the time of each planning application to mitigate the impact of
the development on existing infrastructure.  This is in line with primary policy 3 (PP3) Infrastructure and Services of the Moray
Local Development Plan 2020 and Developer Obligations Supplementary Guidance (SG).”   
Add to Figure 1 “Note: Actual walking times will be longer than distance/time isochromes suggest on Figure 1”. 
Page 10 Add paragraph, “To improve connectivity and accessibility between the new neighbourhood and the existing development a
surfaced 2M wide path across the field at the southern end of BK09 must be provided”
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APPENDIX 2
Page 23 Add text, “Future detailed applications must provide details for what is proposed for the green network and corridor to west burn
to show the extent of land within the fluvial floodplain of the watercourse; proposed watercourse realignment; details of buffer
strips (including dimensions) to the watercourse which are to be undeveloped and details of their habitat enhancements. 
• FFL should be 600mm above flood levels detailed in the FRA.
• Existing field drainage (or alternative watercourse) incorporated into the site to allow surface water flows to continue
through the site.” 
Page 25 Replace “300m2” with “350m2” to be consistent with figure 25 on page 24, Vol.2.
Page 37 Annotate diagram with -
• Pedestrian/cycle and vehicular connections to be made to site R7" to be added to connection to R7
• Whole community woodland area to be shown in green 
Volume 2 
Page Number Change/Amendment Required
Page 7 Add paragraphs “Moray Council commissioned an engineering consultant with specific experience in active travel and bridges to
assess the feasibility of providing an active travel crossing and connecting routes to promote active travel across the Burn of
Buckie in the southwest of Buckie. Consideration of the potential routes and crossing points was informed by site visits and a
topographical survey. 
Three bridge locations were considered and two different connecting routes. Through the review of information and using the
feasibility matrix the location of the preferred crossing point and connecting route was identified. The preferred route leads
from the end of Highfield Road just to the east of the Burn of Buckie, over the burn through the provision of a new bridge over
the burn and then remote cycle path connection to Core Path No BK08. 
The Core Path would also be upgraded to provide a high quality route to Barhill Road. As developments take place within the
South West Buckie Masterplan area links from the housing to this route would be sought to enhance connectivity. 
As there are at least two different developers seeking to deliver the Local Development Plan sites in South West Buckie, the
council will be seeking developer obligations towards provision of the bridge and associated active travel connections.” 
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APPENDIX 2
Page 23 Delete “Options are to be assessed for best location for any such facility and it will be determined if the north western field
should be set aside for this potential use as it has a close relationship with the existing settlement form and therefore could
have a more direct benefit to the wider community with regards to accessibility and potential use” and replace with “A location
for a potential primary school and/or community facility is identified in the north west corner of the Masterplan area as this
location has a close relationship with the existing settlement and therefore has a direct benefit to the wider community with
regards to accessibility and use”.
Page 24 Remove “Option A” and rename “Option B” as “Option A”. The nursery should be located adjacent the neighbourhood park as
this is where children can directly and easily access the open space, food growing opportunities and woodlands and there is a
synergy between this location and Summerton Square. Replace on diagram legend “1 unit = 87m2” with “3 units x 87m2 each”
to provide clarity on what is to be provided at Summerton Square.
Page 25 Add asterisk for public art within Neighbourhood Park on figure 26.
Page 26 Replace “South Square” with “Summerton Square” so that terminology is consistent throughout the Masterplan.
Page 28 Add to italics “A continuous circular path network (segregated) around the green outer ring and TNS will be provided”.
Page 40 Add “Key focal points such as Summerton Square and the Neighbourhood Park will be comprehensively planned and the whole
area will form one or part of a larger planning application regardless of phasing. This is to ensure that a planned rather than
piecemeal approach is taken to placemaking, infrastructure and delivery”.
Historical Analysis & Barhill Rd
Page 3 Add paragraph, “The site sections provided have not included any heights. This information must be provided and will be sought
at the detailed planning application stage.”
Add line, “Please note, the sketches shown in this section are conceptual. However, proposals must adhere to the key design and
placemaking principles shown in them.”
Page 4 Add “The sketches shown do not reflect what was approved for in the first phase application for Summerton Square. Future
applications must fully reflect what is shown in the Masterplan if the vision is to be delivered”.
Page 7 Change text under bottom right photo, “Southern Gateway to Buckpool at Barhill Road. This is an example of a poor gateway.”
Page 8 Annotate with, “Community Woodland must be provided in tandem with or prior to Phase 2. See Volume 1 Page 5.”
Page 9 Diagram at bottom left, reword “Key focal point at northern gateway to Buckie South e.g. primary school.”
Page 108