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Proposed Local Development Plan 3: Development Plan Scheme

Argyll and Bute Council · 25 April 2024
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ARGYLL AND BUTE COUNCIL                 COUNCIL
DEVELOPMENT AND ECONOMIC GROWTH    25th April 2024 
PROPOSED LOCAL DEVELOPMENT PLAN 3: DEVELOPMENT PLAN SCHEME 
1.0 EXECUTIVE SUMMARY 
1.1 The main purposes of this report are to:- 
• seek Council approval of the attached Development Plan Scheme (DPS),
including its associated Participation Statement and governance
arrangements 
• obtain authority to publish the approved DPS and submit it to the Scottish
Ministers. 
1.2 Members will be aware we have recently adopted Local Development Plan 2
on 28th February 2024. It is now necessary to begin the early preparation stage
for the next Plan (LDP3). 
1.3 The DPS attached (Appendix A) sets out the Council’s programme for preparing
LDP3. The preparation of the DPS itself is a requirement under The Town and
Country Planning (Scotland) Act 1997 as amended by the Planning (Scotland)
Act 2019 (“The Act as amended”). There is also a statutory requirement to
update the DPS at least annually. 
1.4 This is the first DPS setting out the programme for LDP3. It sets out key
milestones in the LDP3 process and how people can become engaged at those
stages. It also provides a timetable that will deliver LDP3 within the required 5
year period from adoption of LDP2. An up to date DPS and up to date local
development plan are key performance indicators for the Scottish Government. 
1.5 Key issues to note are:-
• the Council’s statutory duty in respect of producing the DPS;
• the engagement proposed  meets with statutory requirements and with
good practice as set out in “Effective Community Engagement in Local
Development Planning Guidance” (Consultation Draft May 2023);
• the proposed timetable meets with the statutory requirements, which
are linked to performance indicators;
• the governance regime proposed should ensure LDP3 is delivered
timeously in an effective and efficient manner;
• consultations will be carried out on-line where possible to keep the
financial burden to a minimum. Gatecheck, Examination and Printing

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costs for the Local Development Plan are cost pressures not included
in the proposed Development Policy budget. 
RECOMMENDATIONS 
It is recommended that Council:- 
i) note the contents of this report; 
ii) approve the proposed governance arrangements; 
iii) approve the Development Plan Scheme (DPS) attached in Appendix A
of this report for publication and submission to the Scottish Ministers.

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ARGYLL AND BUTE COUNCIL             COUNCIL
DEVELOPMENT AND ECONOMIC GROWTH    25th April 2024 
PROPOSED LOCAL DEVELOPMENT PLAN 3: DEVELOPMENT PLAN SCHEME 
2.0 INTRODUCTION 
2.1 There is a statutory requirement to replace Local Development Plan 2 (LDP2)
in no more than five years and this means preparing Local Development Plan
3 (LDP3) by March 2029. The process involves a number of statutory stages
and significant engagement with communities, developers, key agencies,
Councillors and other stakeholders. The Development Plan Scheme (DPS)
(Appendix A) sets out the timetable and consultation process for LDP3 and is
required to be updated annually, taking into account ongoing stakeholder
feedback on the Participation Statement. 
3.0 RECOMMENDATIONS
3.1 It is recommended that Council: 
i) note the contents of this report; 
ii) approve the proposed governance arrangements; 
iii) approve the Development Plan Scheme (DPS) attached in Appendix A of
this report, for publication and submission to the Scottish Ministers. 
4.0 DETAIL
Background
4.1  There is a statutory requirement to replace Local Development Plan 2 (LDP2)
in no more than five years and this means preparing Local Development Plan
3 (LDP3) by March 2029. The Town and Country Planning (Scotland) Act 1997,
as amended by the Planning (Scotland) Act 2019 (“the Act as amended”) sets
out the preparation process and procedures associated with the production of
the Plan. Given the number of statutory phases, scale of Argyll and Bute and
nature of the issues to be addressed, this process will take around 5 years to
complete. The planning authority is measured on its performance in respect of
an up to date Local Development Plan by the Scottish Government.

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4.2 Section 20B of the Act as amended requires each Planning Authority to prepare
a DPS at least annually, and sets out specific requirements for the content and
process of the LDP and DPS.
4.3 The DPS sets out the Council’s preparation process for LDP3 and an overview
of what is likely to be involved at each stage. The DPS includes a Participation
Statement which details with whom and how we will undertake effective
engagement. In writing the Participation Statement regard was given to the
statutory requirements in terms of production of an LDP as well as to good
practice as set out in “Effective Community Engagement in Local Development
Planning Guidance” (Consultation Draft May 2023).
4.4 Under 20B (4A) of the Act as amended, when preparing the DPS planning
authorities must seek the views of the public on what the content of the
Participation Statement should be, and have regard to any views expressed.
The DPS was published online for a 4 week period with an online response
form asking for any comments on the proposed Participation Statement. This
was published via social media as well as via the LDP Newsletter. Emails were
sent to Community Councils and colleagues in the Community Planning
Partnership, the Community Development Team and Education and Youth
groups.  Additionally, this was subsequently picked up by the Council’s Keep in
the Loop service who sent out an email alert prior to the closing date.
4.5  33 responses were received. A summary of the main issues raised and any
subsequent changes made to the DPS are as follows:- 
• Not everyone has the ability to access online engagement techniques.
No change has been made as the Participation Statement already notes that
we will work with our community and education partners to reach under-
represented groups.
• Concerns raised about information being accessible to groups such as
children, those with learning difficulties or from different language/cultural
backgrounds. A sentence has been added to clarify that in order to reach all
sectors, information will be clear, accessible and in plain English where
possible.
• A number of people felt that the proposed engagement techniques were
largely a one way flow of information. Section 8.4 has been updated to clarify
that this section includes information dissemination throughout all stages in
addition to the full consultation stages.   
• Respondents have requested face-to-face meetings rather than online;
household surveys and high street sampling. No change has been made as
the existing provision for public and community meetings would allow for these
to either be online or face-to-face depending on resources and constraints.
Household surveys and high street sampling are unlikely to be effective due to
the large volume of information involved within the LDP process.

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4.6 The DPS also makes reference to work which will support the LDP3. These
include:-
• the Strategic Environmental Assessment (SEA) draft Environmental
Report, which will identify and assess the environmental effects of
proposed strategies, plans and programmes; 
• the Habitat Regulation Appraisal (HRA), which will assess potential
impacts of LDP3 on European sites; 
• The Equality and Socio-Economic Impact Assessment (EqSEIA), which
will take into account the 9 protected characteristics covered by the
Equality Act 2010, and also the Public Sector Equality Act; the Fairer
Scotland Duty; and the Islands (Scotland) Act 2018;
• the proposed Delivery Programme, which will demonstrate a clear route
to delivery for sites and proposals in LDP3. 
4.7 Once this DPS has been approved for adoption by Members it is required to be
published, copies placed in all public libraries within the planning authority area
and 2 copies submitted to the Scottish Ministers. 
Governance
4.8 The timeous preparation of development plans requires rigorous and carefully
planned project management, not least because of the diverse range of issues
and interests involved. Planning authorities are advised by the Scottish
Government to use appropriate project management techniques to avoid
slippage and ensure the plan is produced on track. The governance of LDP3
process is fundamental to achieving this. 
4.9 The DPS sets out the proposed governance arrangements, which will support
the delivery of LDP3. The Council, as the planning authority, controls the
overarching corporate management of the LDP. This is dealt with at key stages
through the Council’s committee procedures and at Strategic Management
Team meetings. Councillors will be engaged throughout the process through
engagement sessions in addition to committees. In order for LDP3 to progress
efficiently and timeously through the Committee processes it is proposed that:-
• The following key stages go directly to full Council:-
i) the Evidence Report, as required by Section 16B (5) and (6) of
the Act as amended; 
ii) the Proposed Plan and proposed Delivery Programme, as
required by Section 18 (1B) and (1C) and Section 21 (4), (4B) and
(4C) of the Act as amended;
iii) submission for Examination (including Council prepared 
Modification Report);
iv) the decision to Adopt including Examination Modifications;
v) adoption of the Delivery Programme. 
• The following preparatory and sub stages go to Planning, Protective
Services and Licensing Committee only:-

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i) subsequent DPS revisions;
ii) Delivery Programme revisions. 
4.10 Given the need for integration with other Council services to deliver an effective
plan a Project Board is proposed to be responsible for providing overall
direction to the delivery of LDP3. This is proposed to consist of the
Development and Infrastructure Management Team, chaired by Executive
Director with responsibility for Economic Development and Growth.   The
project manager (LDP Team Senior Planning and Strategies Officer) is
responsible for the day to day management of the delivery of the plan and team. 
Delivery
4.11 The general costs associated with the preparation of LDP3 are met from within
the Development Policy budget. To reflect available resources, utilise the
efficiencies and potential wider reach,  and to keep costs to a minimum meeting
statutory requirements, consultation stages will be conducted online only with
assistance in libraries and at service points for those with no online
facilities/capability. Elements of the process will generally be kept to the
statutory minimum, for example deposit locations and adverts. The LDP3
process runs across a 5 year period and therefore there is a risk that the
proposal of any additional resource reductions in the future could impact
adversely on the delivery of LDP3 in line with the DPS, statutory requirements
and performance indicators.
4.12 The costs for the DPEA Gatecheck and Examination are not covered by this
budget.  These are a cost pressure which will be fed in to the budget planning
process.  Based on previous experience of the existing system these are likely
to be in the order of £70-£100k. 30% of this cost would be anticipated in FQ3
2025/26, and 70% in FQ3 2028/29. Statutory printing requirements for the
various stages, and printing the final LDP3 is not contained within this budget
and would be estimated at £3-5k.   
5.0 CONCLUSION
5.1 Engagement in the preparation of LDP3 is a vital component in the Town and
Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland)
Act 2019 (“the Act as amended”) The DPS sets out a clear agenda for the LDP3
process and the associated public engagement and consultation as it
progresses.

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6.0 IMPLICATIONS
6.1 Policy - The Development Plan Scheme sets out the timetable and consultation
process for the production of Local Development Plan 3 that will replace Local
Development Plan 2, adopted 28th February 2024 in due course.
6.2 Financial - The cost for preparation of the DPS is contained within the
Development Policy budget. The costs for Gatecheck and Examination are not
covered by this budget.  These are a cost pressure.  Based on previous
experience of the existing system these are likely to be in the order of £70-
£100k. 30% of this cost would be anticipated in FQ3 2025, and 70% in FQ3
2028. Statutory printing requirements for the various stages, and printing the
final LDP3 is not contained within this budget and is estimated at £3-5K.
6.3 Legal - There is a statutory duty to approve annually, publish and submit to the
Scottish Ministers a Development Plan Scheme.
6.4 HR - None
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics - The DPS shows how the LDP3
process will be handled to encourage engagement with all. An
Equalities Impact Assessment will be undertaken as part of the LDP3
process. 
6.5.2   Socio-economic Duty – The DPS shows how the LDP3 process will be
handled to encourage engagement with all. An Equalities Impact
Assessment will be undertaken as part of the LDP3 process. 
6.5.3  Islands – The DPS shows how the LDP3 process will be handled to
encourage engagement with all. An Equalities Impact Assessment will
be undertaken as part of the LDP3 process.
6.6 Climate Change – LDP3 will provide an up-to-date position in terms of land use
development and climate change impacts against which to assess planning
applications. A Strategic Environmental Assessment (SEA) will be carried out
as part of the LDP3 process.
6.7 Risk - The preparation of LDP3 will run over 5 years and therefore there is an
uncertainty regarding resource levels. Further reduction in resource levels
would impact on delivery of LDP3 and could result in failure to meet legislative
requirements and Scottish Government performance targets. 
6.8 Customer Service - The DPS sets out how our customers can get involved in
the Local Development Plan process. 
6.9 The Rights of the Child (UNCRC) – LDP Preparation Guidance requires that
Local Authorities make provision for including the youth and younger elements
of population within the preparation of LDPs, and that plans to do this are
demonstrated within the Development Plan Scheme.

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Kirsty Flanagan, Executive Director with responsibility for Development and
Economic Growth                                                 
For further information contact: 
Fergus Murray, Head of Development and Economic Growth 
Fergus.Murray@argyll-bute.gov.uk 
Matt Mulderrig, Development Policy and Housing Manager 
Matt.Mulderrig@argyll-bute.gov.uk 
Kim de Buiteléir, Design and Conservation Officer 
kim.debuiteleir@argyll-bute.gov.uk 
APPENDICES
Appendix A: Development Plan Scheme: Local Development Plan 3