Argyll and Bute Local Development Plan 2: Delivery Programme
Argyll and Bute Council · 26 September 2024
Back to Argyll and Bute Council — 26 September 2024 and its agenda
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 26th SEPTEMBER 2024 ARGYLL AND BUTE LOCAL DEVELOPMENT PLAN 2: DELIVERY PROGRAMME 1.0 EXECUTIVE SUMMARY 1.1 On 26th June 2024 the Scottish Government Chief Planner issued a letter requiring planning authorities to review their Action Programme for their constituted local development plan and update this and publish it as a Delivery Programme by 31st March 2025. 1.2 Under the previous legislation a draft Action Programme was produced reflecting the content of the Proposed Local Development Plan 2 (LDP2). It was published alongside Proposed LDP2 and submitted to the Scottish Ministers as part of the LDP2 Examination Process. The final proposed Action Programme was presented to Members for approval on 27th June 2024. 1.3 As a result of the letter from the Chief Planner (received 27th June), the approved Action Programme has not been published and instead has been reviewed in terms of the requirements of a Delivery Programme under the Planning (Scotland) Act 2019. The review found that the previously approved Action Programme complied with the new Delivery Programme requirements, and only needed a name change in order to be adopted as a Delivery Programme. The renamed Delivery Programme is contained in Appendix 1 of this report. 1.5 The Chief Planner’s letter sets a timescale of 31st March 2025 for the Delivery Programme to be adopted by the planning authority and published (2 copies to the Scottish Ministers, copies in local libraries and on Council’s website). RECOMMENDATIONS It is recommended that Members: i) Consider the content of this paper and the draft Local Development Plan 2 Delivery Programme (Appendix 1); ii) Agree to adopt and publish the Local Development Plan 2 Delivery Programme.
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ARGYLL AND BUTE COUNCIL COUNCIL DEVELOPMENT AND ECONOMIC GROWTH 26TH SEPTEMBER 2024 ARGYLL AND BUTE LOCAL DEVELOPMENT PLAN 2: DELIVERY PROGRAMME 2.0 INTRODUCTION 2.1 The Development Plan promotes and manages development across the planning authority area of Argyll and Bute. It consists of Adopted Local Development Plan 2 (LDP2), which was adopted 28th Feb 2024, and National Planning Framework 4. Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 2.2 There was previously a statutory requirement for LDP2 to be accompanied by an Action Programme. However on 26th June 2024 the Scottish Government Chief Planner issued a letter requiring planning authorities to review their Action Programme for their constituted local development plan and update this and publish it as a Delivery Programme by 31st March 2025. This requirement was made under section 21(9)(a) of the Town and Country Planning (Scotland) Act 1997 as applied with modifications by regulation 5 of the Planning (Scotland) Act 2019 (Commencement No. 12 and Saving and Transitional Provisions) Regulations 2023 (S.S.I 2023/100). 2.3 A Delivery Programme, previously named an Action Programme, sets out how the planning authority proposes to implement LDP2. This contains a list of actions required to deliver each of the plan’s policies and proposals. The Delivery Programme proposed for Adoption is contained in Appendix 1 of this report. 3.0 RECOMMENDATIONS 3.1 It is recommended that Members: i) Consider the content of this paper and the proposed Local Development Plan 2 Delivery Programme (Appendix 1); ii) Agree to adopt and publish the Local Development Plan 2 Delivery Programme.
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4.0 DETAIL 4.1 Delivery Programmes (formerly Action Programmes) are an integral element of the local development plan process and set out how the planning authority and other key stakeholders propose to implement the Local Development Plan. The LDP2 Delivery Programme should be used as a key tool in instigating action and co-ordinating the activity of a range of agencies and organisations, including within the Council, to enable delivery of development. It includes information to assist with the delivery of key infrastructure, allocations, potential development areas, other LDP2 proposals and policies. LDP2 Delivery Programme main roles are: • Promotional – highlighting the development opportunities throughout Argyll and Bute. • Delivery – sets out the actions required to enable delivery of the sites, policies and proposals of LDP2, including housing sites. Sets out who is responsible for these actions and a broad timeframe of when they are anticipated. • Co-ordination – agencies, organisations, developers and landowners are enabled to co-ordinate their actions in order to deliver the identified development opportunities. • Investment - helps prioritise funding and inform the investment plans of a range of infrastructure providers. • Development Management – constitutes the implementation document that sits alongside Local Development Plan 2. It acts as a material consideration in the determination of planning applications. 4.2 The draft Action Programme preparation involved consultation with the Key Agencies. The draft Action Programme was published alongside the Proposed Local Development Plan 2 during the 2019 consultation following full Council meeting on 26/09/2019. There was no statutory requirement for public consultation. The draft Action Programme was also submitted to the Scottish Ministers as part of the LDP2 Examination process. The proposed Action Programme was then updated to take into account comments received from the Key Agencies and Scottish Ministers during consultation, to reflect the outcome of the Examination process and to take into consideration National Planning Framework 4, and was finally presented to Members for approval and adoption on 27th June 2024. However during the adoption process a letter was received from the Chief Planner stating the Scottish Government required all Action Programmes be reviewed and published as a Delivery Programme, and that this should be completed by 31st March 2025. 4.3 The first key differences in the legislative requirements for an Action Programme and Delivery Programme are that, whilst both require a list of actions to deliver the LDP policies and proposals, Delivery Programmes also require an explanation of how these actions are to be undertaken. The Action Programme
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was reviewed and is considered to already include an explanation of how actions are to be undertaken, through not only the detail provided in the “Action” itself but also through the naming of partners involved and the detail provided in the “Progress” column. 4.4 Additionally Delivery Programmes are required to include the sequencing of, and timescale for, the delivery of housing sites allocated by the local development plan. The Action Programme already included the sequencing and timescales for delivery on each housing allocation in line with the phasing set out in NPF4 Policy 16 (Short 1-3 years; Medium 4-6 years; Long 7-10 years). 4.5 Therefore no changes were required to be made to the Action Programme in terms of these requirements and it can be now published as a Delivery Programme. Some editorial corrections have been made since the Action Programme was presented to Members in June, including renaming Dunoon Alliance as Dunoon Community Development Trust. 4.6 This Delivery Programme requires to be monitored and updated every 2 years. This will demonstrate progress with delivery and highlight continued areas of opportunity and challenge. 5.0 CONCLUSION 5.1 The Delivery Programme (see Appendix 1) sets out how LDP2 can be implemented showing the actions required to deliver its sites, proposals and policies. It is a statutory requirement to adopt and publish the Delivery Programme (formerly Action Programme) following adoption of LDP2. It is considered that the Delivery Programme attached meets with the statutory requirements and will support the delivery of LDP2. 6.0 IMPLICATIONS 6.1 Policy - Delivery Programmes are required to be adopted by the Planning Authority as the implementation document accompanying the Local Development Plan. It acts as a material consideration in the determination of planning applications. 6.2 Financial - Printing and deposit costs – within Development Policy budget est. £200-£250. 6.3 Legal - The Planning Authority is required to follow statutory procedures to adopt this Delivery Programme. 6.4 HR – None. 6.5 Fairer Scotland Duty: None (dealt with via LDP) 6.5.1 Equalities - protected characteristics - None (dealt with via LDP2). 6.5.2 Socio-economic Duty - None (dealt with via LDP2).
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6.5.3 Islands - None (dealt with via LDP2). 6.6 Climate Change - None (dealt with via LDP2). 6.7 Risk - Failure to adopt a Delivery Programme mean the planning authority failing to carry out its statutory duty in respect of the development plan process. Implementation of LDP2 could be impeded by the lack of delivery information related to policies and proposals (including allocations). 6.8 Customer Service – None. 6.9 The Rights of the Child (UNCRC) – None. Kirsty Flanagan, Executive Director with responsibility for Development and Economic Growth Councillor Kieron Green, Policy Lead for Planning and Regulatory Support September 2024 For further information contact: Fergus Murray, Head of Development and Economic Growth fergus.murray@argyll-bute.gov.uk Kim de Buiteleir kim.debuiteleir@argyll-bute.gov.uk APPENDICES Appendix 1 - Local Development Plan 2: Delivery Programme