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Proposed Local Development Plan 2 Scottish Government Direction

Argyll and Bute Council · 22 February 2024
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ARGYLL AND BUTE COUNCIL                 COUNCIL
DEVELOPMENT AND ECONOMIC GROWTH     22 FEBRUARY 2024 
PROPOSED LOCAL DEVELOPMENT PLAN 2: SCOTTISH GOVERNMENT
DIRECTION 
1.0 EXECUTIVE SUMMARY 
1.1 Proposed Local Development Plan 2 (as modified) (PLDP2) was submitted to
the Scottish Ministers, as part of the Adoption process (as agreed by Council
on 28/09/23 – Item 14). The aim of this Report is to advise the Council that,
the Scottish Ministers have since issued a Direction (15th December 2023)
requiring further modifications to PLDP2. (See Appendix 1). Therefore, in
order to proceed with the adoption of Local Development Plan 2 the Council
requires to demonstrate compliance with this Direction.
1.2 The need for further modifications to PLDP2 has arisen from new regulations,
policies and targets. The modifications are considered necessary to:
• Ensure the LDP accurately reflects the current regulatory position in
respect of mitigating the effects of aquaculture development.
• Ensure the LDP takes account of the fact that National Planning
Framework 4 (NPF4) has been adopted and that this replaces National
Planning Framework 3 and Scottish Planning Policy.
• Ensure the LDP accurately reflects the Climate Change (Scotland) Act
2009 net zero target.
1.3 The modifications raise no substantive issues and are welcomed for bringing
the Local Development Plan 2 into better alignment with new national
regulations, policies and targets. 
RECOMMENDATIONS 
It is recommended that Council:
i. consider the further modifications proposed to PLDP2 by the Scottish
Ministers in their Direction, see Appendix 1;
ii. agree to the proposed modifications to PLDP2 and proceed to
adoption;

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iii. agree that officers notify Scottish Ministers that the modifications are
made and that LDP2 will be adopted on confirmation from Scottish
Ministers that they are satisfied the modifications are duly made.

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ARGYLL AND BUTE COUNCIL             COUNCIL
DEVELOPMENT AND ECONOMIC GROWTH     22 FEBRUARY 2024 
PROPOSED LOCAL DEVELOPMENT PLAN 2: SCOTTISH GOVERNMENT
DIRECTION 
2.0 INTRODUCTION 
2.1 Proposed Local Development Plan 2 (as modified) has now been considered
by the Scottish Ministers. This has resulted in the Scottish Ministers issuing a
Direction on the 15th December 2023. This Direction requires further
modifications to the plan before it can be adopted to take in to account new
policies, regulations and targets. (See Appendix 1) 
3.0 RECOMMENDATIONS
3.1 It is recommended that Council:
i. consider the further modifications proposed to PLDP2 by the Scottish
Ministers in their Direction, see Appendix 1;
ii. agree to the proposed modifications to PLDP2 and proceed to
adoption;
iii. agree that officers notify Scottish Ministers that the modifications are
made and that LDP2 will be adopted on confirmation from Scottish
Ministers that they are satisfied the modifications are duly made. 
4.0 DETAIL
4.1. The Proposed Local Development Plan 2 went through an independent
Examination into unresolved issues with Scottish Government appointed
Reporters in 2022/23. National Planning Framework 4 (NPF4) was published
during the course of this Examination and this now forms part of the Development
Plan for this area. The Examination was extended to allow the issues before the
Reporters to be reassessed for alignment with NPF4. The Examination Report
was received in June 2023. 
4.2. The Council accepted all the modifications proposed in the Examination Report.
Following this, the Proposed Local Development Plan 2 (as modified) (PLDP2)
was submitted to the Scottish Ministers, as part of the Adoption process
(Council Paper 28/09/23 – Item 14). The consideration by the Scottish Ministers

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generally takes a 28 day period. However, this was extended by the Scottish
Ministers to allow for further consideration of PLDP2 and a Direction was then
issued on the 15th of December. This directs the Council to make further
modifications to PLDP2. (See Appendix 1) prior to Adoption. Therefore, in order
to proceed with the adoption of Local Development Plan 2 the Council requires
to demonstrate compliance with this Direction to the Scottish Ministers. 
4.3 The need for further modifications to PLDP2 has arisen from new regulations,
policies and targets. The modifications are considered necessary to:
• Ensure the LDP accurately reflects the current regulatory position in
respect of mitigating the effects of aquaculture development.
• Ensure the LDP takes account of the fact that National Planning
Framework 4 (NPF4) has been adopted and that this replaces National
Planning Framework 3 and Scottish Planning Policy.
• Ensure the LDP accurately reflects the Climate Change (Scotland) Act
2009 net zero target.
4.4 The modifications relate to: aquaculture in Policy 28 Supporting Sustainable
Aquatic and Coastal Development; emissions target being updated;
amendments to housing terminology to align with new national policy, including
Policy 65, Tables 2 and 6, and Proposal F; and, other minor amendments –
typographical and glossary. The changes are detailed in Appendix 1. 
4.5 The modifications proposed in the Direction raise no substantive issues and are
welcomed as they bring Local Development Plan 2 into better alignment with
new national regulations, policies and targets. Accepting the modifications
would allow the Council to Adopt Local Development Plan 2. 
5.0 CONCLUSION
5.1 Following approval by Full Council in September 2023, PLDP2, as modified by
the Reporters, was submitted to Scottish Ministers for approval prior to adoption. 
In December 2023, Scottish Ministers issued a direction to the Council, that it
must make further modification to PLDP2, as detailed in Appendix 1, prior to
adopting PLDP2.  These modifications are considered un-substantive and will
better align PLDP2 with NPF4.  The report recommends Council agree to these
further modifications so that PLDP2 can be adopted once Scottish Ministers have
acknowledged they have been made. 
6.0 IMPLICATIONS
6.1 Policy – Once Adopted, Local Development Plan 2 will be part of the
Development Plan for Argyll and Bute (excluding Loch Lomond and the
Trossachs National Park) alongside National Planning Framework 4. The
planning authority, in the determination of planning applications, shall have
regard to the provisions of the Development Plan, so far as material to the
application, and to any other material considerations. The Adopted Plan
contains the planning authority’s policies, proposals and allocations.

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6.2 Financial – None related to the Direction. However, the Adoption process has
costs which were dealt with in the 28/09/23 Council paper. 
6.3  Legal – The Adoption process is a statutory process. Once adopted the
planning authority is required to have regard to the provisions of the local
development plan as part of the Development Plan for the area, so far as
material to the application, and to any other material considerations, in the
determination of planning applications. 
6.4  HR – None.
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics - None related to this Direction. 
6.5.2   Socio-economic Duty – None related to this Direction. 
6.5.3  Islands – None related to this Direction.
6.6 Climate Change – Direction brings LDP2 into alignment with current emissions
target.
6.7 Risk – Failure to Adopt would result in i) lack of an up-to-date Plan which reflects
current Policy issues; ii) reduced alignment of Policy with National Planning
Framework 4 giving rise to uncertainty in the determination of applications; iii)
reduction in efficiency in the planning application process. Failure to follow the
statutory process correctly may open the Council to legal challenge. 
6.8  Customer Service – None. 
6.9  Rights of the Child (UNCRC) – None. 
Kirsty Flanagan, Executive Director with responsibility for Development and
Economic Growth
Policy Lead for Planning and Regulatory Support, Councillor Kieron Green                                                 
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 
Sybil Johnson, Senior Planning and Strategies Officer 
sybil.johnson@argyll-bute.gov.uk 
APPENDICES
Appendix 1: Scottish Government Direction

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Appendix 1:  Scottish Government Direction

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