Notice of Review and Supporting Documentation (Redacted)
Argyll and Bute Council · 16 May 2024
Back to Argyll and Bute Local Review Body — 16 May 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Page 1 of 5 Central Validation Team at Argyll and Bute Council 1A Manse Brae Lochgilphead PA31 8RD Tel: 01546 605518 Email: planning.hq@argyll-bute.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100662999-001 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Anderson Strathern LLP Chris Devlin Morrison Street 58 Capital Square EH3 8BP United Kingdom Edinburgh Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Ms 50 CHARLOTTE STREET Dawn Argyll and Bute Council Anderson Charlotte Street 50 HELENSBURGH G84 7SR G84 7SR Scotland 683106 Helensburgh 230329
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Proposed alterations to widen driveway entrance at 50 Charlotte Street, Helensburgh, Argyll And Bute, G84 7SR Please see Grounds of Appeal lodged in the supporting documentation.
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Grounds of Appeal 7.1 Decision Notice and stamped plans 7.2 Letter to Argyll & Bute Council 7.3 National Planning Framework 4 7.4 Helensburgh Conservation Area Appraisal 7.5 Designing Streets 7.6 National Roads Development Guide (excerpts) 7.7 LDRA Ltd v Sec State for Communities etc. 7.8 Report of Handling 7.9 Supporting Statement of Dawn Anderson 23/01046/PP 11/12/2023 By means of inspection of the land to which the review relates 30/05/2023 To let Members of the LRB see the nature of the development that is proposed, that it is modest in scale and in-keeping with the character of the local area
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Page 5 of 5 Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Chris Devlin Declaration Date: 10/03/2024
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Anderson Strathern LLP 58 Morrison Street Edinburgh EH3 8BP Ref: AND0724.0001/CUD Grounds of Appeal on behalf of Dawn Anderson in respect of App Ref: 23/01046/PP
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Contents Introduction ..................................................................................................................... 3 Nature of the Development .............................................................................................. 3 Grounds of Appeal ............................................................................................................ 4 Objector’s Comments ..................................................................................................... 13 Other Matters ................................................................................................................. 13 Conclusion ...................................................................................................................... 14 Appendix of documents .................................................................................................. 14
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Introduction 1.1. We act on behalf of Ms Dawn Anderson (“the Appellant”). 1.2. The Appellant wishes to appeal Decision Notice 23/01046/PP for proposed alterations to widen driveway (the “Application”) at 50 Charlotte Street, Helensburgh (“the Property”). 1.3. Planning Permission was sought on the 30 May 2023 and Argyll & Bute Council’s resultant refusal is dated 11 December 2023. 1.4. This document forms the basis of the grounds of appeal which the Appellant seeks to rely upon at the Local Review Body (“LRB”) where matters will be determined. Nature of the Development Existing arrangements 2.1. As can be seen from the screenshot below, the driveway at present can be utilised by vehicles but it is challenging for pedestrian access to/egress from the Property. The pedestrian entrance/exit to the right of the screenshot is offset against the driveway, leading directly on to a grassed area of road verge rather than a neatly tarmacked or cobbled path to the metalled surface of Charlotte Street. Members should be made aware that the lamppost in the screenshot below has been removed. The Proposed Development 2.2. Although the development description that is sought is “Proposed alterations to widen driveway entrance”, in effect what the applicant is seeking is a ‘squaring off’ of the driveway. This is consistent with other driveways on Charlotte Street; enabling vehicular access/egress and, crucially, safe pedestrian access/egress. We note below the existing and proposed plans.
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Existing layout Proposed layout 2.3. The proposed development does not suggest any new or materially different construction associated with the driveway. Fundamentally, the use of the land does not change. The Application may therefore alternatively be described as follows: 1. Resurfacing of the vehicular driveway to the Property; and 2. Installation of cobbled path for dedicated pedestrian access/egress to the Property. 2.4. The above is the basis on which we proceed below. Grounds of Appeal 3.1. There are four grounds of refusal. We comment on each of these in turn below. Where a matter is not noted as a ground of refusal we consider that it is accepted by the Council. We would respectfully request that we be permitted to make further submissions in respect of any matter not referred to below should Members decide that alternative material considerations may be relevant to the determination. Development Plan 3.2. Since the decision to refuse planning permission on 11 December 2023, the Council has adopted its new LDP2. This means that the development plan now consists of the fourth National Planning Framework and the Council’s LDP2, with LDP2 being the later document. We note that in the grounds of refusal various proposed policies of LDP2 are referred to. This is a material change in circumstances. 3.3. In our submissions below we have addressed the policies that were contained in the now revoked Local Development Plan but since these policies no longer exist we consider that no weight can be attached to them. The section 25 and section 37 determination, per the Town
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and Country Planning (Scotland) Act 1997, must be undertaken in accordance with the up to date and extant development plan. 3.4. As at paragraph 3.1 above, in terms of the new LDP2, where a matter is not noted as a ground of refusal we consider that it is accepted by the Council. We would respectfully request that we be permitted to make further submissions in respect of any matter not referred to below should Members decide that alternative material considerations may be relevant to its determination. First Ground of Refusal 3.5. The first ground of refusal is as follows: “The proposal does not accord with the Development Plan policies namely LDP 11 Improving our Connectivity and Infrastructure and SG LDP TRAN 4 which sets out the construction standards to be applied in relation to a private driveway on to a public road, given the widening of the driveway is unnecessary and even though it is not proposed to be used for parking, it will encourage vehicles to park here and they will have to reverse on to the street near a bend where there is poor visibility. It would also be contrary to the Proposed LDP Policy 35 for the same reasons.” 3.6. This reason for refusal represents a misunderstanding of the nature of the proposed alterations to the driveway. As noted at section 2 above, the widening of the driveway is not to accommodate further vehicles but rather to accommodate a more direct route for pedestrian access to/egress from the Property. 3.7. The Council surmises that the additional cobbles will somehow encourage vehicles to park at this location. The additional cobbles will not cause sufficient additional width to be material to the current driveway enabling two cars to park comfortably and pedestrians to access/exit. In any event, the Council is at liberty to introduce parking controls under the Road Traffic Regulation Act 1984 should it consider that such controls are needed. It is submitted that regulation of parking at this location is not for the planning regime. 3.8. The Roads Authority in its consultation response to the Proposed Development states: “On review of the proposed, the access opening within the wall does not correspondingly increase in width. As such, the proposed widening would not support access or egress to the property. Any subsequent widening of the access over the verge could however be considered as an approved location for off street parking, a function which is not supported due to its proximity to a bend, limited visibility and the inability for a vehicle to enter and leave in a forward gear. I therefore confirm Roads refuse the proposed.” 3.9. Respectfully, we consider that the above represents a misunderstanding of the Proposed Development as described in section 2 above. 3.10. Insofar as vehicular access is concerned no material changes are proposed. The driveway element is not, in effect, being widened but simply resurfaced. Although there will be an extension (of sorts) to the cobbled area, this will be to accommodate direct pedestrian access/exit from the Property. It could not reasonably be utilised by vehicles, which would block the direct route to be constructed.
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3.11. In terms of the comment regarding off street parking, it is noted that there are no parking controls at this location. We understand that this location is, however, part of the adopted road per the Council’s list of adopted roads under section 1 of the Roads (Scotland) Act 1984.1 As noted, the Council is therefore at liberty to introduce parking controls under the Road Traffic Regulation Act 1984 should it consider that such controls are needed. The Council could also introduce signage regarding the bend if considered appropriate, or a convex traffic mirror. 3.12. Since the use of the driveway is not in any way changing, we consider that it is incorrect to assess the application by reference to exit of the Property in a forward gear. As noted above, the driveway is in effect being resurfaced without the principal use of it changing in any material way. It is not new development in that sense. The Proposed Development is largely a cosmetic exercise. We therefore do not consider that such a technical assessment is appropriate since what is proposed is, in effect, a like for like replacement of the existing driveway. 3.13. Policy 35 of LDP2 states: Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Street design for all new developments must consider place before movement and take into account the principles regarding development setting, layout and design. Acceptance of development utilising new and existing public roads, private roads and private access regimes is subject to road safety and street design issues being addressed to the satisfaction of the Roads Authority and the Planning Authority. Developments shall be served by a public road (over which the public have right of access) and maintainable at public expense unless the case has been made for a private access or the further use of an existing private access or existing private road in accordance with the policies below. 3.14. In our submission, the terms of Policy 35 above are complied with for the reasons already noted above. The first part of the policy refers to street design for all “new developments”. Our view is that this aspect of the policy refers to new housing sites or employment sites etc. whereas this is, in effect, a modest reconfiguration of an existing driveway for an historic residential dwelling. We do not consider that it is relevant. 3.15. The second aspect of the policy is complied with on the basis that is, as stated, a modest reconfiguration of an existing driveway for an historic residential dwelling. Further, Designing Streets notes at page 35: Visibility along the street edge Vehicle exits at the back edge of the footway mean that emerging drivers will have to take account of people on the footway. The absence of wide visibility splays at private driveways will encourage drivers to emerge more cautiously. Consideration should be given to whether this will be appropriate, taking into account the following: • the frequency of vehicle movements; 1 There is no indication in the adopted roads list that the verges are not also adopted, including the driveway
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• the amount of pedestrian activity; and • the width of the footway. (our emphasis) 3.16. Given that we are dealing with a private driveway, our view is that Designing Streets acknowledges that in some circumstances there will not be a full visibility splay but that this is not a bar to development. Rather, it encourages the cautious emergence of traffic. 3.17. We do not consider that the third element of Policy 35 is relevant. 3.18. For completeness, notwithstanding that it has now been superseded, Policy LDP 11 states: “7.2 Policy LDP 11 – Improving our Connectivity and Infrastructure Argyll and Bute Council will support all development proposals that seek to maintain and improve our internal and external connectivity and make best use of our existing infrastructure by ensuring that: • rights of way and public access are safeguarded; • public access within the development is delivered, as appropriate, ensuring that any special mobility and safety requirements are addressed; • consideration is given to the promotion of access to adjoining areas, in particular to the foreshore, core path network and green network; • integration of the development with existing and potential public transport is taken fully into account; • the proposed development is accessible by a range of modes of transport, including walking, cycling, public transport and car; • an appropriate standard of access is delivered to serve new developments, including off-site highway improvements where appropriate; • maximum and minimum car parking standards are applied; • the location and design of new infrastructure is appropriate; • standards for drainage, sewage, waste water and water supply are applied; • new telecommunication proposals are encouraged where they comply with the criteria established in SG LDP TEL 1; Further information and details will be provided in Supplementary Guidance in relation to the following matters: transport, including core paths; telecommunications; and infrastructure. 3.19. The vast majority of the criteria listed in this policy are not relevant to the determination of the Proposed Development. The reason for refusal refers to the widening of the driveway
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being unnecessary, that vehicles may park there, and the need to reverse on to a street near a bend where there is poor visibility. 3.20. As above, the driveway should not be considered as being widened. The driveway is being resurfaced with a modest extension to it in order that pedestrians may easily access/exit the Property. In this context, the only element of the policy that may be relevant is that rights of way are safeguarded. Demonstrably that is the case in respect of the Proposed Development. 3.21. It is not clear to us if Policy TRAN 4 continues to apply under LDP2. Policy TRAN 4 does set out construction standards, but it is submitted that these are not relevant to the Proposed Development as they refer to developments of between 6-10 units or connections with trunk roads. It is demonstrably the case that neither of these is relevant here. We submit that the remainder of TRAN 4 is not relevant in respect of this existing driveway and to any extent that it is relevant its terms are complied with. Second Ground of Refusal 3.22. The second ground of refusal is as follows: “In addition the displacement of pedestrians from the grass verge on to the road, due to parking on the widened driveway would present a potential conflict with vehicles. The current pedestrian access to no 50 is adequate and meets Roads Authority guidelines and requirements.” 3.23. The adequacy of the current pedestrian access to the Property is irrelevant in terms of the decision making in this Planning Application. The applicant seeks to improve it. 3.24. The displacement of pedestrians at this location is considered a red herring. There is no footway in place for pedestrians to use. In times of bad weather, for example, pedestrians may consider that it is unsafe to walk on the grass verge as it may be a slip hazard if waterlogged. The Proposed Development is therefore entirely neutral in this regard. 3.25. Further, in the unlikely event of a car being parked on the driveway area then pedestrians are not being forced to deviate from their walking line on to the road. The roads officer presumes that all pedestrians would move towards the carriageway. But pedestrians could just as easily walk nearest to the boundary wall/driveway gates of the Property, thereby not being forced on to the carriageway in the manner suggested by the roads officer. 3.26. Again, should the Council wish to restrain parking at this location then the Council could introduce a Traffic Regulation Order doing so. Third Ground of Refusal 3.27. The third ground of refusal is as follows: “The widening of the driveway would encourage parking on the grass verge, which would be out of character with the Conservation Area, where the grass verge is a dominant feature and a crucial element of the character of the Conservation Area. The proposal is therefore contrary to Policy 7 Historic Assets and Places part d which states that proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation is preserved or enhanced. The proposal is also contrary to the relevant Local Development Plan policies LDP3 and SG LDP ENV 17 and the proposed Local Development Plan policy 15.”
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3.28. There is no evidence that the widening of the driveway to include a pedestrian footpath would encourage parking specifically on the grass verge. We fail to see any connection in this regard and the Council has not provided its basis for making such a claim. There is no need for cars to park on the grass verge because there are no parking restrictions on the carriageway. Cars may remain parked on the carriageway and it is submitted that most drivers are likely to utilise this option rather than parking on grass. Once again, should the Council wish to regulate parking at this location then it may do so by means of a Traffic Regulation Order. 3.29. Significant importance is placed upon the presence of grass verges to the character of the Conservation area as laid out in Helensburgh Conservation Area Appraisal. “Helensburgh’s street layout, verges and tree plantings constitute a notable historic designed landscape of exceptional conservation significance.” 3.30. This is a cumulative list of design factors that work together to contribute to the overall character of the Helensburgh area. However, when taken individually, they are not indicative of the area’s special character. This is re-affirmed throughout the guidance which lists the “grid pattern, regimented street tree planting…avenues of trees and foliages and the grass verges” as incrementally creating a “country park feel” and “the contribution of the planting of street trees in the grass verges, the broad grass verges themselves, the characteristics of plot boundaries, private garden grounds and public green spaces area major aspects of the townscape and crucial elements of its character”. 3.31. The listing of these qualities (which always appear in conjunction with one another) throughout the guidance affirms that the character of the area is created by the presence of a multitude of factors, taken cumulatively rather than individually. The proposed development does not erode any of these factors because it is not a new driveway that is being installed but rather the resurfacing of an existing driveway plus the modest addition of a pedestrian footpath to and from the Property. 3.32. Further the guidance stipulates that: “The Conservation Areas Management Plan should ensure coordinated management and surfacing regimes for the many grass verges and footpaths (both un-made and surfaced) that contribute so much to the special qualities of the Helensburgh Conservation Areas.” 3.33. If grass verges were so instrumental to the character appraisal of the area, such Management Plan would be widely publicised to discourage certain development. However, Argyll & Bute Council have confirmed that such Management Plan was never drawn up. Consequently, it is impossible to identify which grass verges are deemed so special to Helensburgh that they contribute to the area’s character. In the absence of such document, it cannot be assumed that the Property’s grass verge is of such significance as to impact the overall character appraisal of upper Helensburgh. 3.34. There is also mention of NPF4 Policy 7d, which states: “Development proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation area and its setting is preserved or enhanced. Relevant considerations include the: i. architectural and historic character of the area; ii. existing density, built form and layout; and
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iii. context and siting, quality of design and suitable materials.” 3.35. The Application both “preserves” and “enhances” the character and appearance of the Conservation area. By resurfacing the driveway and integrating it with the surrounding landscape, the transition between the existing driveway and the resurfaced area will be seamless, maintaining the aesthetic continuity of the Conservation Area with suitably considered materials. Its thoughtful design ensures that the driveway compliments the existing architectural style and natural elements. Rather than eliminating the grass verge, the resurfacing of the driveway allows for strategic preservation of green space. The grass verge will not be materially changed and therefore the Application preserves the natural elements of the Conservation Area. In doing so, it promotes a balance between a well-maintained driveway with proper landscaping and enhances the overall appearance of the neighbourhood. The Appellant also wishes to draw Members’ attention to the various surfaces used in the neighbouring driveways on Charlotte Street, as demonstrated in the pictures below. These photos evidence the lack of uniformity of design in the immediate vicinity of the Property. Within such context and siting, the Application is therefore not unusual. 3.36. The proposal is therefore not contrary to LDP2 policy 15, nor to the relevant Local Development Plan policies LDP3 and SG LDP ENV 17 (despite these being revoked). Fourth Ground of Refusal 3.37. The fourth ground for refusal is as follows: “In addition, the proposal is contrary to Policy 14 of NPF4 alongside Local Development Plan design policy 9, SG LDP Sustainable siting and design principles and the proposed LDP policies 05 and 10 given the proposal does not achieve a good quality place and erodes the quality of the place.”
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3.38. Policy 14 of NPF4 relates to liveable places and focuses on promoting and encouraging well designed developments. The Application is designed to improve the quality of the area by enabling vehicular access/egress and, crucially, safe pedestrian access/egress to the Property. The proposed development is “pleasant” and “distinctive” in its design as it incorporates quality materials that are in keeping with the Conservation area and the listed building. This is acknowledged in the Report of Handling. Further, Helensburgh Conservation Area Appraisal acknowledges that “the distribution of footpaths around the streets is haphazard, with some of the paths between the grass verges and the boundary walls of properties being surfaced and clear of weeds, with others being allowed to grass over and others becoming wet and muddy. This leads to many pedestrians (including dog-walkers and joggers) going along the middle of the road.” Therefore, the Proposal actively contributes to improving the safety of the public who will make use of the resurfaced driveway. This aligns with the “healthy”, “sustainable” and “connected” indicators of successful places under Policy 14 of NPF4. As the driveway is more easily maintained than the grass verge and can be re-instated to grass or its surface altered at any time, the Application is “adaptable”. 3.39. As far as the Local Development Plan Design Policy 9 is concerned with sustainable design and construction which incorporates adaptability, the reasons why the Planning Application satisfies the considerations of NPF4 are similarly mirrored. 3.40. Policy 5 of the LDP2 states as below. We have provided our own comments in bold against those that we consider relevant to the Proposed Development. Policy 05 – Design and Placemaking To achieve good quality places proposals should endeavour to comply with all of the following placemaking criteria: • The proposed use should be compatible with surrounding land uses. The Proposed Development is the modest widening of an existing driveway to include spaced for direct pedestrian access/egress to and from the Property. It is therefore compatible with surrounding land uses. • The proposal should, where practicable, be resource efficient by utilising existing infrastructure and facilities. • The design should respect site topography and any surrounding important landmarks or views. • The design should create and improve connectivity within, and where practical, beyond the site. • Green and blue infrastructure should be an integral part of the design process from the outset. • The design should develop the area’s sense of identity by understanding and embracing the existing distinctive characteristics, with the design respecting and complementing its surroundings in terms of density, appearance, height, scale, massing, materials and finishes. The materials and finish cobbles. These are of a type that are complimentary to the surrounding area. • Where the site contains existing buildings, structures and/or natural features that contribute to the character and identity of the wider area, these should be retained and
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sensitively integrated into the design unless it has been clearly demonstrated to the planning authority that it is not practicable. • The siting and design should respond to the natural environment in a sustainable manner. • The proposal should consider the design of active frontages, and create welcoming, inclusive places with a coherent structure of streets, spaces and buildings which are easy to move around, prioritising the needs of pedestrians and cyclists above motor vehicles. The Proposed Development is specifically to make access to and egress from the Property more straightforward for those with disabilities especially. • The access to and orientation of buildings should reinforce the street or open space to create safe and pleasant places. The design should be sustainable in terms of materials and construction and should consider future adaptability, and climate change mitigation measures. 3.41. The terms of Policy 5 of LDP2, as relevant, are complied with. 3.42. Policy 10 of LDP2 states: The design of any development must: • Demonstrate an understanding of and appropriate response to the proposed development site and wider context including consideration of character and, where applicable, urban grain; and • Acknowledge the scale, mass and spirit of nearby buildings but steer clear of mimicry and pastiche; and • Incorporate existing and enhancing features where applicable; and • Avoid falsification of period details; and • Use appropriate proportions for building elements and details including, where applicable, massing and fenestration; and • Use materials that are harmonious with the context but embody honesty and legibility of contemporary design; and • Consider the embodied energy and durability of proposed materials; and • Incorporate the use of flood resistant and resilient materials and construction methods. 3.43. In our submission, many of the elements of this Policy 10 are not relevant to the Proposed Development. Clearly matters such as fenestration do not apply in this circumstance. The terms of this policy are complied with insofar as relevant because the Proposed Development is to install cobbles in substitution of existing orange/yellow brick for the driveway and proposed pedestrian access/egress regarding the Property. These are entirely in-keeping with the character of the area.
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Objector’s Comments 4.1. The Appellant has reviewed the comments of the objector to the Planning Application. In respect of the first and second dated objections, none of these comments are relevant to the determination of the planning application. None constitute a relevant planning concern, nor a material consideration. 4.2. In respect of the third dated objection, we consider that these grounds of appeal address the comments that have been made where those comments constitute relevant planning considerations. Other Matters Disabilities and Health & Safety 5.1. The applicant has spent many thousands of pounds to upgrade the wider Property to ensure that it can be lived in and utilised by people with disabilities. The resurfacing of the driveway and its widening to provide easier pedestrian access/egress to the Property is part of this ongoing project of renewal. In this context we draw Members’ attention to section 149 of the Equality Act 2010. 149 Public sector equality duty (1) A public authority must, in the exercise of its functions, have due regard to the need to— (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 5.2. Disability is a protected characteristic. Section 149 then continues: (3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to— (a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
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(4) The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities. 5.3. In our submission, the appointed officer has failed to take into account that the Proposed Development will remove or minimise disadvantages suffered by disabled persons. Set against this backdrop, the Appellant’s planning application aligns with these commitments and should be positively encouraged by the LRB. The Property’s existing pedestrian access is, in effect, a narrow mud slope that restricts unimpeded access to the Property and disproportionately affects disabled path users. The Application attempts to neutralise this inequality by upgrading the pedestrian path and providing surfaced access that can be utilised in all weather. The Proposed Development will introduce a more appropriate surface for the purposes of access/egress to the Property. Further, the Proposed Development will ensure that there is a more direct route for pedestrians who may be disabled, rather than a slightly more circuitous route or, alternatively, a route that traverses a steep grassed verge which, in the wet, may be difficult to navigate. The current pedestrian provisions are outdated and the Council’s refusal to consent to a much-needed upgrade disadvantages the disabled.2 5.4. Members should also note that the proposals will improve access to the Property overall, consistent with the Building (Scotland) Regulations 2004: 2.12 Fire and rescue service access Every building must be accessible to the fire and rescue service.3 and 4.1 Access to buildings Every building must be designed and constructed in such a way that all occupants and visitors are provided with safe, convenient and unassisted means of access to the building.4 Further Procedure 5.5. The applicant respectfully requests that the LRB undertakes a site visit to understand the nature of the Proposed Development up close and first hand. Conclusion 6.1. Pursuant to the above, the Planning Application is consistent with the LDP, there are a number of material considerations in its favour, and therefore should be granted. Appendix of documents 7.1. Decision Notice 23/01046/P (including plans) 2 We draw Members’ attention to the case of LDRA Ltd and others v Secretary of State for Communities and Local Government and others ([2016] EWHC 950 (Admin)) in which the decision to grant planning permission affecting access to a riverside for disabled persons was considered to fall under the section 149 duty. Since construction of the consented development would disproportionately impede access for disabled persons, the Court quashed the planning permission because of this protected characteristic not having been properly taken into account 3 Part 2.12 of Schedule 5 to the Building (Scotland) Regulations 2004 4 Part 4.1 of Schedule 5 to the Building (Scotland) Regulations 2004
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7.2. Letter from Anderson Strathern LLP dated 14 November 2023 7.3. National Planning Framework 4 7.4. Helensburgh Conservation Area Appraisal 7.5. Designing Streets 7.6. SCOTS: National Roads Development Guidance 7.7. LDRA Ltd v Secretary of State for Communities and Local Government 7.8. Report of Handling for Planning Application 7.9. Supporting Statement of Dawn Anderson Anderson Strathern LLP 8 March 2023
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38 East Clyde Street Helensburgh G84 7PG TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (AS AMENDED) TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 REFUSAL OF PLANNING PERMISSION REFERENCE NUMBER: 23/01046/PP Mrs Dawn Anderson HMA Architects 19 Charlotte Street Helensburgh Argyll And Bute G84 7EZ I refer to your application dated 30th May 2023 for planning permission in respect of the following development: Proposed alterations to widen driveway entrance AT: 50 Charlotte Street Helensburgh Argyll And Bute G84 7SR Argyll and Bute Council in exercise of their powers under the above mentioned Act and Regulations hereby refuse planning permission for the above development for the reasons(s) contained in the attached appendix. Dated: 11 December 2023 Fergus Murray Head of Development and Economic Growth
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REASONS FOR REFUSAL RELATIVE TO APPLICATION NUMBER: 23/01046/PP 1. The proposal does not accord with the Development Plan policies namely LDP 11 Improving our Connectivity and Infrastructure and SG LDP TRAN 4 which sets out the construction standards to be applied in relation to a private driveway on to a public road, given the widening of the driveway is unnecessary and even though it is not proposed to be used for parking, it will encourage vehicles to park here and they will have to reverse on to the street near a bend where there is poor visibility. It would also be contrary to the Proposed LDP Policy 35 for the same reasons. 2. In addition the displacement of pedestrians from the grass verge on to the road, due to parking on the widened driveway would present a potential conflict with vehicles. The current pedestrian access to no 50 is adequate and meets Roads Authority guidelines and requirements. 3. The widening of the driveway would encourage parking on the grass verge, which would be out of character with the Conservation Area, where the grass verge is a dominant feature and a crucial element of the character of the Conservation Area. The proposal is therefore contrary to Policy 7 Historic Assets and Places part d which states that proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation is preserved or enhanced. The proposal is also contrary to the relevant Local Development Plan policies LDP3 and SG LDP ENV 17 and the proposed Local Development Plan policy 15. 4. In addition, the proposal is contrary to Policy 14 of NPF4 alongside Local Development Plan design policy 9, SG LDP Sustainable siting and design principles and the proposed LDP policies 05 and 10 given the proposal does not achieve a good quality place and erodes the quality of the place.
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NOTES TO APPLICANT (1) RELATIVE TO APPLICATION NUMBER 23/01046/PP 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under Section 43A of the Town and Country Planning (Scotland) Act 1997 (as amended) within three months from the date of this notice. A Notice of Review request must be submitted on an official form which can be obtained by contacting The Local Review Body, Committee Services, Argyll and Bute Council, Kilmory, Lochgilphead, PA31 8RT or by email to localreviewprocess@argyll-bute.gov.uk 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state, and it cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the landowner’s interest in the land, in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997 (as amended).
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APPENDIX TO DECISION REFUSAL NOTICE Appendix relative to application: 23/01046/PP A. Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. Yes/No (delete as appropriate) if yes, list amendments B. Is the proposal a departure from the Development Plan: No If yes, state level of departure: No Departure C. Summary justification statement for refusal of planning permission The proposal is considered to be contrary to policies 7 and 14 of NPF 4, and policies LDP3, LDP 9, LDP 11, and SG LDP TRAN 4, SG LDP ENV 1, and SG LDP Sustainable Siting and Design Guidance of the Argyll and Bute Local Development Plan 2015, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to grant planning permission in this instance as a departure to the Development Plan having regard to s25 of the Act. Furthermore, the proposal is also considered to be contrary to the provisions of draft policies 05, 10, 15 and 35 of the proposed Local Development Plan 2.
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Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01046/PP Fergus Murray Head of Development and Economic Growth 11 December 2023
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Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01046/PP Fergus Murray Head of Development and Economic Growth 11 December 2023
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Marshalls Drivesys® Original Cobble Marshalls Drivesys Original Cobble in Iron Grey Share Product Description Drivesys® Original Cobble creates a realistic antique cobble stone look with all the benefits of an easy to install engineered concrete driveway system. Cast from aged and timeworn cobbles, Drivesys® Original Cobble can be used as single colour or blended using a variety of colours to create a natural cobblestone effect and enhance the charm and elegance of any home. Our Drivesys Range is supplied with our specially formulated Drivesys® Jointing compound, making the installation of this driveway project hassle free and helps to reduce the amount of unsightly weed growth between the blocks. Co-ordinating Drivesys® Roundtop Edging is available to give a high end look to your completed project. • Realistic antique cobble stone look to add a natural charm to your home, with all of the benefits of an engineered concrete driveway system • Patented ‘bumper’ design provides a flexible and straightforward installation • Blend different colours to create a truly unique look • Use co-ordinating roundtop edges for a refined end result • Enjoy ease of installation – every order comes with the required amount of Drivesys® jointing compound Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01046/PP Fergus Murray Head of Development and Economic Growth 11 December 2023
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Argyll and Bute Council REFUSED by the PLANNING AUTHORITY Relative to Application No: 23/01046/PP Fergus Murray Head of Development and Economic Growth 11 December 2023
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Anderson Strathern LLP 1 Rutland Court Edinburgh EH3 8EY T +44 (0)131 270 7700 andersonstrathern.co.uk BY EMAIL FAO Kirsty Sweeney Argyll and Bute Council Development Management Kilmory Castle Lochgilphead Argyll PA31 8RT E Chris.Devlin@ andersonstrathern.co.uk DD 0131 270 5284 OUR REF AND0724.0001 YOUR REF 23/01046/PP 14 November 2023 Dear Ms Sweeney, Planning Application 23/01046/PP for proposed alterations to widen driveway (“Application”) by Dawn Anderson (“Applicant”) at 50 Charlotte Street, Helensburgh, Argyll and Bute, G84 7SR (“Property”) We refer to the above and write on behalf of the Applicant. Existing arrangements As can be seen from the screenshot below, the driveway at present can be utilised by vehicles but it is challenging for pedestrian access to the Property. The pedestrian entrance/exit to the right of the screenshot is offset against the driveway, leading to a grassed area of verge rather than a neatly tarmacked or cobbled path to the metalled surface of Charlotte Street. The Council will be aware that the lamppost in the screenshot has been removed. The Proposed Development
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2 35051664_1 Although the development description that is sought is “Proposed alterations to widen driveway entrance”, in effect what the applicant is seeking is a “’squaring off’ of the driveway, consistent with other driveways on Charlotte Street, to enable vehicular access/egress and, crucially, safe pedestrian access/egress. We note below the existing and proposed plans. Existing layout Proposed layout The proposed development does not suggest any new or materially different construction associated with the driveway. Fundamentally, the use of the land does not change. The application may therefore alternatively be described as follows: 1. Resurfacing of the vehicular driveway to the Property; and 2. Installation of cobbled path for dedicated pedestrian access/egress to the Property. The above is the basis on which we proceed below. Access to the Property Reference is made to the SCOTS National Roads Development Guide. The Council, a signatory to the Guide, will be aware that the application is in general supported by the Guide which states “private vehicular access to developments will require to accommodate the numbers and types of vehicles using the access in a safe manner”.1 In its current layout, the driveway falls short of this threshold, both in terms of safety and access. The Application is therefore necessary to address these issues. Specifically, paragraph 3.1.2 of the Guide states: 1 P74 S3.1.2 of the SCOTS National Roads Development Guide
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3 35051664_1 Although there is no footway at this location to drop a kerb, the access to the driveway noted in the diagram is square. Our client’s proposal is therefore described as broadly consistent with this element of the Guide. The Application specifically provides for permanently unobstructed vehicular and pedestrian access to the Property. This is consistent with the SCOTS National Roads Development Guide which specifies: Paragraph 3.6.1 of the Guide may be principally directed at more significant parking than a single driveway but we consider that the principles still apply. The Application readily provides for this, by upgrading the existing pedestrian access to the Property, which can currently only be taken via a grass verge. Such informal arrangements disproportionately disadvantage disabled residents, who must utilise the grass verge irrespective of its muddy condition. Therefore, the proposed driveway alteration rectifies this issue. Previously, the location of the lamppost to the right-hand side of the driveway hindered this proposition, however, as this has since been relocated, the driveway can be accordingly extended to secure permanent stable access to the Property, that is suitable for all users. The informatives associated with the parking standards for residential development are as follows:
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4 35051664_1 It is noted that visitor/unallocated vehicle parking can, subject to appropriate design, be located on or near the road frontage. The Application meets this standard. Finally, the Application also is consistent with the SCOTS Guidance, and explicitly incorporates the good practice example, as shown in the diagrams below. SCOTS Guide Applicant Visualisation Although the driveway that is proposed does not have a footway associated with it, the driveway does leave sufficient distance to the carriageway to be broadly consistent with the above standard. Material Considerations Whilst we acknowledge that each planning application is assessed on its own merits, precedent and guidance does support the Applicant’s position. We would like to draw the Council’s attention to the Scottish Government’s Policy Statement “Designing Streets” which states “on-plot parking may be suitable…when considered in terms of the overall street profile.”2 Upon review of neighbouring driveways in East Rossdhu Drive, it appears that the proposed development in the Application mirrors existing parking arrangements as highlighted in the pictures below. 2 P41 Designing Streets
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5 35051664_1 The Application has considered the overall street profile when designing the on-site parking and the proposal is not incongruous in the surrounding areas. Further, we would like to highlight the favourable outcome in respect of other comparable applications in Argyll and Bute. Particularly, Planning Reference 22/01825/PP, which sought to improve road safety and access to the residential property, Allt Romain, Crossaig, Skipness, Tarbert, PA29 6YQ. There are similarities in respect of this case and the Application. We contend, however, that the Applicant’s proposal is arguably more simplistic in its aims. Notably, despite its complexities no objection was received by the Roads Authority. Rather the upgrades were retrospectively granted, and the report of handling reveals that “The existing sub-standard access has been altered and widened; in order to widen the existing access engineering works have been undertaken to the banks of the existing access. The development has been undertaken to the satisfaction of the Roads Department who have raised no objections to the works carried out and have noted that it a road safety improvement following the alterations.” In light of this case, the Applicant, welcomes the opportunity for the Roads Authority to conduct a site visit. Roads Authority Response The Roads Authority in its consultation response to the Proposed Development states: On review of the proposed, the access opening within the wall does not correspondingly increase in width. As such, the proposed widening would not support access or egress to the property. Any subsequent widening of the access over the verge could however be considered as an approved location for off street parking, a function which is not supported due to its proximity to a bend, limited visibility and the inability for a vehicle to enter and leave in a forward gear. I therefore confirm Roads refuse the proposed. Respectfully, we consider that the above represents a misunderstanding of the Proposed Development. As we have noted above, we consider that the Application may alternatively be described as follows: 1. Resurfacing of the vehicular driveway to the Property; and 2. Installation of cobbled path for dedicated pedestrian access/egress to the Property. Insofar as vehicular access is concerned no material changes are proposed. The driveway is not, in effect, being widened but simply resurfaced. Although there will be an extension of sorts to the cobbled area, this will be to accommodate pedestrian access/exit from the Property. It could not be utilised by vehicles.
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6 35051664_1 In terms of the comment regarding off street parking, it is noted that there are no parking controls at this location. We understand that this location is, however, part of the adopted road per the Council’s list of adopted roads under section 1 of the Roads (Scotland) Act 1984.3 The Council is therefore at liberty to introduce parking controls under the Road Traffic Regulation Act 1984 should it consider that such controls are needed. The Council could also introduce signage regarding the bend if considered appropriate, or a convex traffic mirror. Since the use of the driveway is not in any way changing, we consider that it is incorrect to assess the application by reference to exit of the Property in a forward gear. As noted above, the driveway is in effect being resurfaced without the principal use of it changing in any material way. We therefore do not consider that such a technical assessment is appropriate. Finally, we take this opportunity to enclose the opinion of Duncan Birrell, Roads Consultant of Modus Transport Solutions Limited who considers that the Application can be supported by the Council. We therefore respectfully request that the Council grants the Application as applied for. Yours sincerely Chris Devlin Partner Anderson Strathern LLP 3 There is no indication in the adopted roads list that the verges are not also adopted, including the driveway
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Registered address: 6 Redheughs Rigg South Gyle Edinburgh EH12 9DQ T: E: duncan@modustransportsolutions.co.uk W :www.modustransportsolutions.co.uk 50 Charlotte Street Helensburgh Page | 1 Argyll and Bute Council Development Management Kilmory Castle Lochgilphead Argyll PA31 8RT 8th November 2023 F.A.O - Kirsty Sweeney 50 Charlotte Street, Helensburgh Modus Transport Solutions Ltd has been appointed by Dawn Anderson to review the proposed minor alterations to the existing driveway and pedestrian access into 50 Charlotte Street, Helensburgh. Modus Transport Solutions Ltd are an independent transport consultancy with over 30 years of experience in providing traffic and transportation advice to both public and private sector Clients. We have taken the opportunity to review the proposed plans showing the driveway alterations and the various supporting documentation and observations made by Argyll and Bute Council Development & Infrastructure Services. We note that the alignment of the existing driveway relative to both the vehicle and pedestrian entrances to 50 Charlotte Street is poor and does not provide safe and convenient access for all users. The layout of the existing driveway is historic and does not meet current requirements with respect to private residential driveways. The proposals being put forward by our Client would seek to align the driveway with both the existing vehicular and pedestrian-gated entrances to the property. At present, the existing driveway does not provide sufficient space for access in and around a vehicle parked on the driveway without the need to use the adjacent grassed area which more often than not is muddy and not suitable for pushchairs or more importantly wheelchair access. The driveway proposals would allow easier access to a parked vehicle while at the same time allowing a safe and direct route to the pedestrian entrance to the property. The proposals would see the driveway widened to the extent of the driveway pillars and this is in keeping with the adjacent property at number 52 Charlotte Street and indeed all of the properties along the length of East Rossdhu Drive. Our Client is not seeking to undertake any work that is not in keeping with the other driveway accesses in the area and is simply seeking to improve and formalise the existing driveway to make it fit for purpose and safe for all users.
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50 Charlotte Street, Helensburgh Proposed Dirveway Alterations 50 Charlotte Street Helensburgh Page | 2 The proposed driveway works are to be undertaken using Marshalls cobbled sets which will provide an attractive area in keeping with the surrounding nature of Charlotte Street. It is the professional opinion of Modus Transport Solutions Ltd that the driveway proposals at 50 Charlotte Street, Helensburgh, will provide a safe and modern driveway layout to meet the requirements of all users without compromising road safety in the area. We trust that our comments and views on the proposals at 50 Charlotte Street will be taken into consideration when Argyle and Bute Planning Department make their determination on the Application. Yours sincerely, On behalf of Modus Transport Solutions Duncan Birrell Director Phone: E-mail: duncan@modustransportsolutions.co.uk
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50 Charlotte Street, Helensburgh Proposed Dirveway Alterations 50 Charlotte Street Helensburgh Page | 3
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National Planning Framework 4
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National Planning Framework 4 01 Contents 02 Ministerial Foreword 03 Part 1 – A National Spatial Strategy for Scotland 2045 Spatial Principles Sustainable Places Liveable Places Productive Places National Spatial Strategy Map National Developments Map Regional Spatial Priorities: North and West Coast and Islands North North East Central South 36 Part 2 – National Planning Policy Sustainable Places 1. Tackling the climate and nature crises 2. Climate mitigation and adaptation 3. Biodiversity 4. Natural places 5. Soils 6. Forestry, woodland and trees 7. Historic assets and places 8. Green belts 9. Brownfield, vacant and derelict land and empty buildings 10. Coastal development 11. Energy 12. Zero waste 13. Sustainable transport Liveable Places 14. Design, quality and place 15. Local Living and 20 minute neighbourhoods 16. Quality homes 17. Rural homes 18. Infrastructure first 19. Heat and cooling 20. Blue and green infrastructure 21. Play, recreation and sport 22. Flood risk and water management 23. Health and safety 24. Digital infrastructure Productive Places 25. Community wealth building 26. Business and industry 27. City, town, local and commercial centres 28. Retail 29. Rural development 30. Tourism 31. Culture and creativity 32. Aquaculture 33. Minerals 94 Part 3 – Annexes A – How to use this document B – National Developments Statements of Need C – Spatial planning priorities D – Six qualities of successful places E – Minimum all-tenure housing land requirement F – Glossary of definitions G – Acronyms
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Ministerial Foreword Ministerial Foreword Tom Arthur MSP Minister for Public Finance, Planning and Community Wealth National Planning Framework 4 02 I am delighted to publish Scotland’s fourth National Planning Framework. I am proud that, for the first time, we have brought together our long-term spatial strategy with a comprehensive set of national planning policies to form part of the statutory development plan. The world is changing, and so are Scotland’s places. This strategy sets out how we will work together in the coming years to improve people’s lives by making sustainable, liveable and productive places. This will play a key role in delivering on the United Nations Sustainable Development Goals, as well as our national outcomes. Planning carries great responsibility – decisions about development will impact on generations to come. Putting the twin global climate and nature crises at the heart of our vision for a future Scotland will ensure the decisions we make today will be in the long-term interest of our country. As we recover from the pandemic we are working towards achieving net zero in a way which also tackles longstanding challenges and inequalities. We live in challenging times, but better places will be an important part of our response to our strategic priorities of net zero, child poverty and a wellbeing economy. Planning will also play a critical role in delivering the National Strategy for Economic Transformation and in community wealth building. Planning is already a fully devolved function of the Scottish Government. Our global reputation for excellence and expertise in this field demonstrates what can be achieved when the choices are in our own hands. We can build on this. By securing a new future for Scotland as an independent country, additional powers will be available to support public and private sector investment in development and infrastructure across our country. Changes to our places will not always be easy. People care about their neighbourhoods and rightly and reasonably expect that new development should improve their lives, rather than undermining what they value most. To help deliver on this strategy I am committed to involving a wider range of people in planning. A fairer and more inclusive planning system will ensure that everyone has an opportunity to shape their future so that our places work for all of us. I also recognise that planning authorities across Scotland will need support and guidance to put our proposals and policies into practice, and will continue to work with the profession and local government to ensure our system can realise its full potential. The process for preparing this strategy has shown what can be achieved when we work together. I greatly appreciate the ideas that people and organisations have contributed. I am also very grateful to the Scottish Parliament for the time and energy they have put into their scrutiny of the draft document. National Planning Framework 4 has benefited considerably from their thoughtful and constructive input.
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Part 1 – National Spatial Strategy National Planning Framework 4 03 The world is facing unprecedented challenges. The global climate emergency means that we need to reduce greenhouse gas emissions and adapt to the future impacts of climate change. We will need to respond to a growing nature crisis, and to work together to enable development that addresses the social and economic legacy of the coronavirus pandemic, the cost crisis and longstanding inequality. Scotland’s rich heritage, culture and outstanding environment are national assets which support our economy, identity, health and wellbeing. Many communities benefit from great places with excellent quality of life and quality, affordable homes. Many people can easily access high quality local greenspaces and neighbourhood facilities, safe and welcoming streets and spaces and buildings that reflect diverse cultures and aspirations. Increasingly, communities have been finding new ways to live sustainably, including by taking control of their property or land. However, people living in Scotland have very different life chances, at least partly a result of the places where they live. Past industrial restructuring has had significant impacts in some places and communities. Disadvantage, child poverty and poor health outcomes are concentrated in parts of Scotland where life expectancy is significantly lower than in more advantaged areas. Access to the natural environment varies, and pollution and derelict land is concentrated in some places. Population change will bring further challenges in the future, particularly in rural parts of Scotland. Many people have limited access to opportunities because of the way our places have been designed in the past, and our city and town centres have experienced accelerating change in recent years. We have already taken significant steps towards decarbonising energy and land use, but choices need to be made about how we can make sustainable use of our natural assets in a way which benefits communities. Planning is a powerful tool for delivering change on the ground in a way which brings together competing interests so that decisions reflect the long-term public interest. Past, present and future challenges mean that we will need to make the right choices about where development should be located. We also need to be clear about the types of infrastructure we will need to build, and the assets that should be protected to ensure they continue to benefit future generations. Part 1 – A National Spatial Strategy for Scotland 2045
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National Planning Framework 4 04 Part 1 – National Spatial Strategy Spatial principles We will plan our future places in line with six overarching spatial principles: • Just transition. We will empower people to shape their places and ensure the transition to net zero is fair and inclusive. • Conserving and recycling assets. We will make productive use of existing buildings, places, infrastructure and services, locking in carbon, minimising waste, and building a circular economy. • Local living. We will support local liveability and improve community health and wellbeing by ensuring people can easily access services, greenspace, learning, work and leisure locally. • Compact urban growth. We will limit urban expansion so we can optimise the use of land to provide services and resources, including carbon storage, flood risk management, blue and green infrastructure and biodiversity. • Rebalanced development. We will target development to create opportunities for communities and investment in areas of past decline, and manage development sustainably in areas of high demand. • Rural revitalisation. We will encourage sustainable development in rural areas, recognising the need to grow and support urban and rural communities together. These principles will play a key role in delivering on the United Nations (UN) Sustainable Development Goals (SDGs) and our national outcomes. Applying these principles in practice We want our future places to work for everyone. Rather than compromise or trade-offs between environmental, social and economic objectives, this is an integrated strategy to bring together cross-cutting priorities and achieve sustainable development. By applying these spatial principles, our national spatial strategy will support the planning and delivery of: • sustainable places, where we reduce emissions, restore and better connect biodiversity; • liveable places, where we can all live better, healthier lives; and • productive places, where we have a greener, fairer and more inclusive wellbeing economy. Eighteen national developments support this strategy, including single large scale projects and networks of several smaller scale proposals that are collectively nationally significant. National developments will be a focus for delivery, as well as exemplars of the Place Principle, placemaking and a Community Wealth Building (CWB) approach to economic development. Regional spatial strategies and Local Development Plans (LDPs) should identify and support national developments which are relevant to their areas. The strategy will be taken forward in different ways across Scotland, reflecting the diverse character, assets and challenges of our places. To guide this, we have identified regional spatial priorities for five broad regions of Scotland which will inform the preparation of regional spatial strategies (RSS) and LDPs by planning authorities.
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National Planning Framework 4 05 Table 1 – National Planning Framework 4 Summary Spatial principles National Developments Policies Key policy links Cross cutting policies Sustainable places SDGs: 7, 11, 12, 13 National outcomes: Environment, communities, economy • Just transition • Conserving and recycling assets • Energy Innovation Development on the islands. • Pumped Hydro Storage • Strategic Renewable Electricity Generation and Transmission Infrastructure • Circular Economy Materials Management Facilities • Urban Sustainable, Blue and Green Surface Water Management Solutions • Urban Mass/Rapid Transit Networks • Tackling the climate and nature crises • Climate mitigation and adaptation • Biodiversity • Natural places • Soils • Forestry, woodland and trees • Historic assets and places • Green belts • Brownfield land, vacant and derelict land and empty buildings • Coastal development • Energy • Zero waste • Sustainable transport • Land Use – getting the best from our land: strategy 2021 – 2026 • Making things last: a circular economy strategy for Scotland • Scotland’s Energy Strategy • Scotland’s Environment Strategy • Scotland’s Forestry Strategy • Scottish Biodiversity Strategy • Climate Change Plan • Climate Change Adaptation Programme • Just Transition Plans • National Transport Strategy • Infrastructure Investment Plan • Strategic Transport Projects Review 2 • National Islands Plan • National Marine Plan • Tackling Child Poverty Delivery Plan Liveable places SDGs: 3, 4, 5, 6, 10, 11 National outcomes: Communities, culture, human rights, children and young people, health • Liveable places • Compact urban growth • Central Scotland Green Network • National Walking, Cycling and Wheeling Network • Edinburgh Waterfront • Dundee Waterfront • Stranraer Gateway • A Digital Fibre Network • Design, quality and place • Local living and 20 minute neighbourhoods • Quality homes • Rural homes • Infrastructure first • Heat and cooling • Blue and green infrastructure • Play, recreation and sport • Flood risk and water management • Health and Safety • Digital infrastructure • A Connected Scotland • A Healthier Future: Scotland’s diet and healthy weight delivery plan • Cleaner Air for Scotland 2 • Creating Places • Culture Strategy • Heat in Buildings Strategy • Housing to 2040 • Learning Estate Strategy/Learning Estate Investment Programme • Public Health Priorities for Scotland • Remote, Rural and Islands Housing Action Plan (pub. Spring 2023) • Scotland’s Population Strategy Productive places SDGs: 1, 2, 8, 9, 11, 14 National outcomes: Fair work and business, economy, poverty, communities • Rebalancing development • Rural revitalisation • Clyde Mission • Aberdeen Harbour • Industrial Green Transition Zones • Hunterston Strategic Asset • Chapelcross Power Station Redevelopment • High Speed Rail • Community wealth building • Business and industry • City, town, local and commercial centres • Retail • Rural development • Tourism • Culture and creativity • Aquaculture • Minerals • National Strategy for Economic Transformation • Retail Strategy for Scotland • Report of the City Centre Recovery Taskforce • Scottish land rights and responsibilities statement • Town Centre Action Plan 2
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National Planning Framework 4 06 Part 1 – National Spatial Strategy Sustainable places Our climate is changing, with increasing rainfall, extreme weather events and higher temperatures that will intensify in the coming years. This will increase flood risk, water scarcity, environmental change, coastal erosion, impact on forestry and agriculture, and generate risks to health, food security and safety. Impacts will not be equal and communities who already face disadvantage will be particularly affected. Scotland’s high quality environment, and the natural capital it supports, underpin our approach to tackling climate change and the economy and is fundamental to our health and wellbeing. It provides the essentials we all need to survive, including clean air, water and food. However, the health of the planet’s ecosystems is declining faster than at any point in human history and our natural environment is facing significant challenges, including ongoing loss of biodiversity. Since the 1990s alone, wildlife populations in Scotland have declined, on average, by around a quarter. This threatens the capacity of the natural environment to provide the services we all rely on, and reduces our resilience to the impacts of climate change. Scotland’s Climate Change Plan, backed by legislation, has set our approach to achieving net zero emissions by 2045, and we must make significant progress towards this by 2030 including by reducing car kilometres travelled by 20% by reducing the need to travel and promoting more sustainable transport. Just Transition sector plans, designed and delivered with those impacted, will play an important role in delivering the change we need to see. We must also adapt to the impacts of climate change that are already locked in, by delivering Scotland’s Climate Change Adaptation Programme. Scotland’s Climate Assembly set out recommendations for how Scotland should change to tackle the climate emergency and gives us a key insight into the measures the Scottish Public expect for a just transition to net zero emissions by 2045. Scotland’s Energy Strategy will set a new agenda for the energy sector in anticipation of continuing innovation and investment. The interplay between land and sea will be critical, given the scale of offshore renewable energy resources. Our Infrastructure Investment Plan and National Transport Strategy are clear that we must work with our existing infrastructure assets first, before investing in additional assets. Scotland’s Environment Strategy sets out the Scottish Government’s vision for tackling the twin climate and nature crises. Building on this, a new Scottish Biodiversity Strategy will set targets for halting biodiversity loss by 2030 and restoring and regenerating biodiversity by 2045. Scotland’s Land Use Strategy aims to make efficient use of our land by managing competing activities in a sustainable way.
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National Planning Framework 4 07 Part 1 – National Spatial Strategy National spatial strategy Scotland’s future places will be net zero, nature-positive places that are designed to reduce emissions and adapt to the impacts of climate change, whilst protecting, recovering and restoring our environment. Meeting our climate ambition will require a rapid transformation across all sectors of our economy and society. This means ensuring the right development happens in the right place. Every decision on our future development must contribute to making Scotland a more sustainable place. We will encourage low and zero carbon design and energy efficiency, development that is accessible by sustainable travel, and expansion of renewable energy generation. It is also crucial that we build resilience to the future impacts of climate change including water resources and assets and development on our coasts. Our places will also need to evolve to help us cope with changing temperatures. Our commitment to a just transition, means that our journey to a net zero society and nature recovery must involve, and be fair to, everyone. We will grow a circular economy and make best use of embodied carbon by conserving and recycling assets, including by encouraging sustainable design and the wise use of resources. To respond to the global biodiversity crisis, nature recovery must be at the heart of future places. We will secure positive effects for biodiversity, create and strengthen nature networks and invest in nature-based solutions to benefit natural capital and contribute to net zero. We will use our land wisely including through a renewed focus on reusing vacant and derelict land to help limit the new land that we build on. We will protect and enhance our historic environment, and safeguard our shared heritage for future generations. We will also work together to ensure that development onshore aligns with national, sectoral and regional marine plans. National developments Six national developments support the delivery of sustainable places: • Energy Innovation Development on the Islands provides infrastructure for low carbon fuels for communities and commerce, as well as for export. This will contribute to improved energy security, unlock opportunities for employment and business, and help to put Scotland at the forefront of low carbon fuel innovation. • Pumped Hydro Storage extends hydro- electricity capacity to support the transition away from fossil fuels, whilst also providing employment opportunities in rural areas. • Strategic Renewable Electricity Generation and Transmission Infrastructure supports electricity generation and associated grid infrastructure throughout Scotland, providing employment and opportunities for community benefit, helping to reduce emissions and improve security of supply. • Circular Economy Materials Management Facilities facilitates delivery of zero waste objectives by reducing the need for new materials, resource use and emissions. • Urban Sustainable, Blue and Green Surface Water Management Solutions is an exemplar of a nature based, infrastructure first approach to catchment wide surface water flood risk management to help our two largest cities adapt to the future impacts of climate change. • Urban Mass/Rapid Transit Networks facilitates a shift towards sustainable transport in Glasgow, Edinburgh, and Aberdeen and their wider regions, helping to reduce transport related emissions and supporting accessibility for all.
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National Planning Framework 4 08 Part 1 – National Spatial Strategy CROSS-CUTTING OUTCOME AND POLICY LINKS: REDUCING GREENHOUSE GAS EMISSIONS Our strategy and policies support development that helps to meet greenhouse gas emissions targets. The global climate emergency and the nature crisis have formed the foundations for the spatial strategy as a whole. The regional priorities share opportunities and challenges for reducing emissions and adapting to the long-term impacts of climate change, in a way which protects and enhances our natural environment. Policy 1 gives significant weight to the global climate emergency in order to ensure that it is recognised as a priority in all plans and decisions. Policy 2 will ensure that emissions from new development are minimised as far as possible. A healthy natural environment is key to reducing emissions. Policies 3 and 4 protect biodiversity and natural assets, which in turn play a crucial role in carbon reduction. Policy 5 provides significant protection for peatland and carbon rich soils and Policy 6 aims to protect and expand forests, woodland and trees. Blue and green infrastructure is supported by Policy 20. Policy 10 encourages the use of natural solutions to coastal protection. Policy 7 protects the embodied carbon in the historic built environment, and Policy 9 makes better use of previously used land and buildings, helping to lock in carbon. By supporting the transition of key emissions generating activities, Policy 11 supports renewable energy development, Policy 19 helps to decarbonise heat, alongside Policy 18 and its encouragement of an infrastructure first approach. Policy 12 encourages sustainable waste management, and Policy 13 will facilitate a transition towards more sustainable, lower emissions travel including active travel and public transport. Several policies support more local living and limit the use of additional land for development. This includes Policy 8 which manages development in the greenbelt, Policy 15 which promotes local living, including where feasible 20 minute neighbourhoods, and Policy 16 which focuses on delivering new homes that are designed to a high standard and located in sustainable places. Minimising and reducing emissions is also integral to the six qualities of successful places, as set out in Policy 14. Policies 17 and 29 support rural development which is compatible with climate change targets. Policy 24 facilitates the roll out of digital infrastructure, helping to reduce the need to travel. Policy 27 promotes a town centre first approach to development and Policy 28 restricts additional out of town retail development. Policies relating to productive places are consistent with our ambition for green growth in the futures. More specifically, Policy 33 is clear that fossil fuel exploration, development and production (excluding unconventional oil and gas) will not be supported other than in exceptional circumstances, and that the Scottish Government does not support the development of unconventional oil and gas in Scotland.
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National Planning Framework 4 09 Part 1 – National Spatial Strategy CROSS-CUTTING OUTCOME AND POLICY LINKS: IMPROVING BIODIVERSITY Our strategy and policies support development that helps to secure positive effects for biodiversity. The nature crisis, together with the global climate emergency, underpinned the spatial strategy as a whole. The action areas include proposals which protect and enhance the natural environment. Policy 1 gives significant weight to the nature crisis to ensure that it is recognised as a priority in all plans and decisions. Policy 4 protects and enhances natural heritage, and this is further supported by Policy 5 on soils and Policy 6 on forests, woodland and trees. Policy 20 also promotes the expansion and connectivity of blue and green infrastructure, whilst Policy 10 recognises the particular sensitivities of coastal areas. Protection of the natural features of brownfield land is also highlighted in Policy 9, and protection of the green belt in Policy 8 will ensure that biodiversity in these locations is conserved and accessible to communities, bringing nature into the design and layout of our cities, towns, streets and spaces in Policy 14. Most significantly, Policy 3 plays a critical role in ensuring that development will secure positive effects for biodiversity. It rebalances the planning system in favour of conserving, restoring and enhancing biodiversity and promotes investment in nature-based solutions, benefiting people and nature. The policy ensures that LDPs protect, conserve, restore and enhance biodiversity and promote nature recovery and nature restoration. Proposals will be required to contribute to the enhancement of biodiversity, including by restoring degraded habitats and building and strengthening nature networks. Adverse impacts, including cumulative impacts, of development proposals on the natural environment will be minimised through careful planning and design, taking into account the need to reverse biodiversity loss. Development proposals for national, major or Environmental Impact Assessment (EIA) development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks, so they are in a demonstrably better state than without intervention. Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity.
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National Planning Framework 4 10 Part 1 – National Spatial Strategy Liveable places The global pandemic has left a social legacy that requires urgent, as well as long-term action. Many people need better places to support their lifelong health and wellbeing and build their future resilience. In recent years communities have found ways to work together to find local solutions to shared challenges. However, the cost crisis is again underlining the need for our future buildings and places to do more to support our long-term resilience. There remain significant differences between the healthy life expectancy of people living in the most and least deprived parts of Scotland. More people need to be involved in planning their future places so that the built environment is safe and welcoming to everyone, including women, disabled people, children and young people and black and ethnic minority groups. Scotland’s Tackling Child Poverty Delivery Plan sets out actions required to continue to reduce the number of children living in poverty. It recognises the importance of place and continued investment in regeneration, targeted to areas where the need is greatest. Access to affordable, quality homes in better places, as supported by Housing to 2040, will make an important contribution to addressing the impact of the cost crisis, particularly on younger people who will also benefit from reduced transport costs. The planning system has an important role to play in supporting the delivery of homes which meet our future needs. Consistent with this, Scotland’s Population Strategy reflects the need for planning to identify the amount of land required for future homes and to enable more balanced demographic change including sustainable rural development. Health policies, including Scotland’s diet and healthy weight delivery plan reflect the importance of places which provide opportunities for exercise and access to healthy food. Our strategy for tackling social isolation and loneliness also recognises the importance of providing quality, accessible and welcoming places for everyone through placemaking and regeneration.
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National Planning Framework 4 11 Part 1 – National Spatial Strategy National spatial strategy Scotland’s future places will have homes and neighbourhoods that are healthier, affordable and vibrant places to live. We have an opportunity to significantly improve our places, address longstanding inequality and eliminate discrimination, helping to transform our country for the better. Cleaner, safer and greener places and improved open spaces will build resilience and provide wider benefits for people, health and biodiversity, in a balanced way. We will plan our future places in a way that improves local living, so that we live in communities that are inclusive, empowered, resilient, safe and provides opportunites for learning. Quality homes will be better served by local facilities and services by applying the principles of local living to development proposals. The concept of 20 minute neighbourhoods will help to support this, particularly in more urban areas. In rural areas the approach to local living will be shaped by local context. Planning must also enable the delivery of good quality, affordable homes by allocating enough land in the right locations to meet current and future needs and aspirations. Recognising the need for liveable places to be consistent with our ambition for net zero and nature recovery, we will promote compact urban growth. Higher density development which will help to sustain public transport and support local living. Virtual connectivity and continued investment in active travel links will also be important. We want to make better use of our spaces to support physical activity, relaxation and play, to bring people together and to celebrate our culture, diversity and heritage. Buildings and other physical assets can also support activities based on intangible cultural assets such as Gaelic language. We will improve green infrastructure to bring nature into our towns and cities, connecting people with nature, building resilience and helping our biodiversity to recover and flourish. We will ensure we work towards a stronger infection-resilient society through adaptations to our buidlings and the spaces around them. Our strategy is to value, enhance, conserve and celebrate our places and to build better communities for future generations. A stronger commitment to placemaking, through a design- led approach and a focus on quality, will ensure every new development improves the experience of our places. Underpinning this, everyone must have an opportunity to help shape their local neighbourhoods. We will continue to work to broaden involvement in the planning system as a whole.
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National Planning Framework 4 12 Part 1 – National Spatial Strategy National developments Six national developments support the delivery of liveable places: • Central Scotland Green Network restores nature at scale and acts as an exemplar of green infrastructure in placemaking that provides benefits for communities and supports a wellbeing economy. This will provide multiple benefits for health, biodiversity, and will help us to mitigate and adapt to climate change. Action should continue to focus on areas where community wellbeing and resilience would benefit most. • National Walking, Cycling and Wheeling Network strengthens and extends a national active travel network to reduce emissions from transport, focusing on areas where improvements to accessibility are most needed. • Edinburgh Waterfront creates a high quality, mixed use, locally liveable place, contributing to the sustainable future development of Scotland’s capital city. • Dundee Waterfront delivers a high quality, mixed use, locally liveable place demonstrating resilient waterfront regeneration which anticipates and responds to climate impacts. • Stranraer Gateway acts as a hub for surrounding communities. Regeneration will help create a high quality, mixed use, locally liveable place, optimising the area as a national and international gateway. • A Digital Fibre Network enhances the connectivity of communities and help to facilitate more sustainable ways of living including in rural and island communities.
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National Planning Framework 4 13 Part 1 – National Spatial Strategy CROSS-CUTTING OUTCOME AND POLICY LINKS: A FAIR AND INCLUSIVE PLANNING SYSTEM Our strategy and policies support development that helps to eliminate discrimination and promote equality. We expect everyone involved in planning to take steps to ensure that a wide range of people are involved in shaping their future places. Planning authorities are required to respect, protect and fulfil human rights in accordance with the Human Rights Act 1998. As per the Equality Act 2010, the Public Sector Equality duty is applicable and Equality Impact Assessments, Fairer Scotland Duty Assessments and where applicable Island Communities Impact Assessments are required for LDPs. The UN Convention of the Rights of the Child also means that young people must be encouraged to play an active role in planning. Throughout the planning system, opportunities are available to engage in development planning and decisions about future development. Such engagement, undertaken in line with statutory requirements, should be early, collaborative, meaningful and proportionate. Support or concern expressed on matters material to planning must be given careful consideration in the determination of development proposals. Our places can only work for everyone if the views of all users are properly understood, but experience shows that some people can find it more challenging to engage with planning. There are opportunities to involve a wider range of people in the planning system. It is essential, and a statutory requirement, that people with protected characteristics, including disability, race, age, sex and sexual orientation, and including people from a range of socio-economic backgrounds, are given particular support to express their views on plans and decisions, with consultations designed to meet the communication needs of people. The spatial strategy as a whole is clear that our future development must support a just transition, and it highlights opportunities for development and regeneration that are designed to tackle social, economic and health inequalities. Policy 14, focusing on the six qualities of successful places recognises that diversity is an integral part of placemaking. Children and young people will have an important contribution to make, given the long-term impacts of planning for future generations. Women, as well as disabled people and their representatives, can ensure that barriers and challenges of the design of our living and working environments are tackled effectively. We have also provided clear support for development that will help to ensure human rights are maintained, for example: Policy 16 on quality homes which addresses the need for accommodation for Gypsy/Travellers and Travelling Showpeople yards, as well as homes for older people and disabled people; and Policy 21 which supports and facilitates spaces and opportunities for play, recreation and sport in our natural and built environments for children and people for all ages. Our impact assessment has demonstrated that there is potential for significant benefits from more sustainable, liveable and productive places which will be delivered by these and other policies. We recognise that delivery will also depend on fair and inclusive engagement with people, and we will therefore continue to promote best practice and innovation, including in guidance on effective community engagement.
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National Planning Framework 4 14 Part 1 – National Spatial Strategy CROSS-CUTTING OUTCOME AND POLICY LINKS: HOMES THAT MEET OUR DIVERSE NEEDS Our strategy and policies support development that helps to meet the housing needs of people living in Scotland including, in particular, the housing needs of older people and disabled people. The spatial strategy has taken into account future population and household projections, and highlights areas where there will be particular challenges arising from an ageing population. Spatial principles, including local living and just transition, will also help to ensure that the needs of all people are reflected in our future places. Policy 16 supports the delivery of high quality, sustainable homes that meet the needs of people throughout their lives. In particular, it supports proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision. This could include: accessible, adaptable and wheelchair accessible homes; homes that meet the needs of older people; a range of size of homes; and other specialist groups. The majority of older people want to remain in their home as they age, preferring mainstream housing, and so accessible and adaptable homes can allow people to continue to live independently. The close alignment of planning and housing delivery at the local level, through LDPs and Local Housing Strategies, will help to deliver the right type and mix of homes in the right locations. In addition Housing to 2040 sets out a commitment to Scottish Accessible Home Standard in 2025/26. Development that provides homes to meet the needs of older people and disabled people will be further promoted by LDPs. Evidence reports will explain the action taken to support and promote the construction and/ or adaptation of homes to meet their needs. Spatial strategies will take into account housing needs and the availability of land for new homes, including for older people and disabled people through the Accessible Home Standard, wheelchair housing targets and the consideration of accessibility in design of the wider development and local amenity. The planning authority must also keep their plan under review, and monitor any changes in this. Placemaking and choices about the location of development will also help to meet the needs of older people and disabled people. Policy 14 supports development that is consistent with the six qualities of successful places, including health and wellbeing, and safe and pleasant places for people to meet. Policy 15 supports development that is consistent with the principles of local living and 20 minute neighbourhoods, helping to ensure our homes and wider neighbourhoods meet all of our needs. As part of this, it recognises that affordable housing options, ability to age in place and housing diversity are an integral part of more liveable places. Policy 13 is also clear that the views of disabled people must be sought when seeking to reduce reliance on the car including by managing car parking provision.
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National Planning Framework 4 15 Part 1 – National Spatial Strategy Productive places The economic performance of different parts of Scotland varies considerably, with challenges and opportunities for different places and sectors. At present, some communities are particularly affected by high rates of poverty, one in five people of working age is economically inactive, and there is significant scope to improve our productivity and the scale and rate of business development. The unprecedented challenge of the pandemic has created difficult conditions for some sectors including hospitality, tourism, and culture. The cost crisis and our exit from the European Union have combined with this to exacerbate labour shortages particularly in our more remote, rural and island communities. World-wide supply chain issues have generated severe challenges, including for the construction sector. Scotland’s National Strategy for Economic Transformation aims to make Scotland a successful place with opportunities for everyone, in every region of Scotland, to share in our economic prosperity. It tackles the challenges of structural inequality, the transition to net zero, and achieving a green recovery from the pandemic. It also supports entrepreneurship and aims to play to the strengths and assets of each part of Scotland to build community wealth. Building community wealth should be founded on an assessment of local assets in partnership with communities. It also involves better co- ordinated state investment at national, regional and local levels to strengthen of Scotland’s indigenous business base and create sustainable fair work opportunities. Opportunities will flow from more land and assets being placed in the hands of communities or under their guiding influence. Our city centres are socially and culturally important, supporting our productivity and stimulating innovation and investment. The pandemic has generated severe impacts and longer term challenges for these places. The City Centre Recovery Taskforce has developed a shared vision for their future with support from the City Centre Recovery Fund for recovery and repurposing. Through playing their part in the delivery of the National Strategy for Economic Transformation, Scotland’s cities have a nationally significant opportunity to contribute to Scotland’s economic recovery and to achieve a wellbeing economy. The Town Centre Action Plan Review and our subsequent response recognises the critical importance of planning with and for communities sets a new vision for town centres, and reaffirms our commitment to the Town Centre First Principle. It recognises the critical importance of planning in diversifying the offer within our city and town centres, to help them thrive, improve their resilience and anticipate continuing societal, environmental and economic change. The Place Based Investment Programme supports our commitment to town centre action, places, local living and community wealth building.
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National Planning Framework 4 16 Part 1 – National Spatial Strategy National spatial strategy Our future places will attract new investment, build business confidence, stimulate GDP, export growth and entrepreneurship, and facilitate future ways of working. Planning will play a key role in creating a globally competitive, entrepreneurial, inclusive and sustainable economy, with thriving and innovative businesses, quality jobs and fair work for everyone. We will actively encourage investment where it is needed most by rebalancing development. This will play to the economic strengths and opportunities of each part of Scotland. Significant investment opportunities include strategic sites which were previously a focus for industrial activity but which have experienced decline. These locations will play a significant role in our transition to net zero as they are served by strategic infrastructure, well located on or close to developed coasts, and could provide added benefits for communities that are in greatest need. They also include areas that have been overlooked historically, but which are now strategically located for extensive renewable energy generation. Planning can enable diversification of city, town and commercial centres, to better manage their role and respond to ongoing changes to the way we shop and access services. The way we work is changing, and we will need to be flexible to facilitate future business and employment that benefits communities and improves places. Digital connectivity will play a crucial role in supporting sustainable work in the future. The way we plan our places can contribute to our short term recovery, as well as longer term restructuring to tackle long standing inequalities. Our strategy is to build a wellbeing economy that benefits everyone, and every place, in Scotland. We want the planning system to create a society that is thriving across economic, social and environmental dimensions, and that delivers prosperity for all. Scotland’s national and international connectivity for people and freight will remain important, for the economic, social and cultural benefits it delivers and for supporting wider Government ambitions on trade, tourism, and business development. Airports, ports and rail links will provide vital connections within Scotland and beyond which will be crucial to building on a sustainable recovery whilst helping to decarbonise transport through low and zero emissions technologies. Looking ahead, there will also be opportunities to build on inclusive growth within communities and support economic transformation through Green Freeports in Scotland. Rural revitalisation, achieved by distributing development, investment and infrastructure strategically and by actively enabling rural development in particular, will play an important role in this. Key sectors including energy and food and drink focus on natural resources and provide signficant employment in rural parts of Scotland. These sectors also depend on supporting services and access to markets and there is significant potential for associated investment to develop a sustainable supply chain. Digital connectivity will also be critical to their continued succes. Urban areas are a focus for investment in the built environment and many of our industries and businesses are located in and around our cities. These areas will also be more attractive to future investors and their employees if they are greener and healthier places to live.
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National Planning Framework 4 17 Part 1 – National Spatial Strategy National developments Six national developments support the delivery of productive places: • Clyde Mission brings together substantial public and private investment to remediate and regenerate brownfield land along the River Clyde for economic, social and environmental uses. • Aberdeen Harbour facilitates completion of the South Harbour and access to it as well as a more mixed use waterfront for Aberdeen on areas of the harbour that will not in future be required for port uses. This will contribute to international and national connectivity, freight and the renewable energy sector. • Industrial Green Transition Zones support transformation of key sites including by putting in place the infrastructure needed to commercialise carbon capture and storage and decarbonise industry. Innovation will provide green jobs, reduce emissions and help Scotland lead the way on new technologies. • Hunterston Strategic Asset supports re-use the port and wider site, engaging in new technologies and creating opportunities from nuclear decommissioning to make best use of existing infrastructure and provide local benefits. • Chapelcross Power Station Redevelopment involves the reuse of a key site to provide a range of economic opportunities for local communities. Energy produced will help to reduce heating and transport emissions within the wider region. • High Speed Rail ensures connectivity with the United Kingdom (UK) and beyond, reduce long distance transport emissions and optimise the benefits more widely.
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National Planning Framework 4 18 Part 1 – National Spatial Strategy CROSS-CUTTING OUTCOME AND POLICY LINKS: RURAL REVITALISATION Our strategy and policies support development that helps to retain and increase the population of rural areas of Scotland. The spatial strategy reflects a wide range of proposals for development in rural areas, supported by national developments that recognise the potential and need to expand key sectors including renewable energy, sustainable transport and green infrastructure. Policy 17 promotes the development of rural homes, to ensure the needs of communities are met in a sustainable way. Similarly, Policy 29 encourages development that will contribute to rural economies and communities. Development proposals that contribute to the viability, sustainability and diversity of rural businesses are supported while ensuring planning policies take into consideration local characteristics. Both policies support development in previously inhabited areas in a way that is guided by LDPs. Greater constraint will be applied in areas of pressure whilst in rural areas with fragile communities, a more enabling approach has been taken to support communities to be sustainable and thrive. LDPs are required to set out an appropriate approach to development in areas of pressure and decline informed by an understanding of population change and settlement characteristics and how these have changed over time as well as an understanding of the local circumstances including housing and travel. Many policies will also play an important role in supporting rural communities and population growth. Some focus on supporting sustainable development in key sectors for rural areas such as Policy 30 on tourism, which aims to ensure community, environmental and business considerations are fully taken into account. Policy 32 encourages sustainable aquaculture, whilst Policy 10 supports development in coastal areas that takes into account future vulnerability to climate change. Policy 11 supports opportunities for renewable energy development whilst Policy 24 will support the delivery of digital infrastructure to support investment and population growth in rural areas. Care has been taken to ensure policies reflect the specific needs and constraints of rural areas. Policy 13 ensures that in assessing the transport impacts of development, the area’s needs and characteristics are taken into account. Policy 15 aims to promote local living in broad terms, including through 20 minute neighbourhoods where practical, recognising varying settlement patterns and the particular characteristics and challenges of different areas in applying these principles in practice. Policy 28 also recognises the importance of retail facilities for rural communities and economies. Alongside this, recognising that environmental quality is a key asset for rural areas, Policies 3, 4, 5 and 6 ensure that natural assets are protected and enhanced.
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National Planning Framework 4 19 Part 1 – National Spatial Strategy CROSS-CUTTING OUTCOME AND POLICY LINKS: LIFELONG HEALTH AND WELLBEING Our strategy and policies support development that helps to improve health and wellbeing. The spatial strategy as a whole recognises that there are significant health inequalities in Scotland that future development can help to address. The spatial principles aim to ensure that future development is directed to sustainable locations, recognising that the role of planning in supporting development in places which would benefit most from regeneration and investment. The natural environment is fundamental to our health and wellbeing from the benefits we get from being in nature to the design and delivery of blue and green infrastructure. Policies 1, 3, 4, 5 and 6 manage the effects of development on biodiversity and on natural places. Policy 20 supports development that will provide good quality, accessible greenspaces and nature networks and Policy 21 supports development that will provide opportunities for sport and play. Active travel is encouraged by Policy 13 with walking and cycling providing wider health benefits. Policy 23 helps to protect health and wellbeing, including by ensuring that air and noise pollution are taken into account, and by planning and managing development to take hazards into account. Policy 22 ensures that future flood risk is not exacerbated by development, and facilitates the delivery of sustainable flood risk management solutions. Policy 10 manages development to reflect future vulnerability of coastal areas. Policy 9 encourages the redevelopment of brownfield land, helping to reduce the impact of vacant and derelict sites on communities. Housing plays a critical role in supporting our health and wellbeing. Policy 16 enables the delivery of well planned, good quality, affordable, safe and warm homes. Alongside this, Policy 13 supports development that provides, or is accessible by active travel and Policy 15 ensures people have access to facilities from their homes, including healthcare facilities. Development is also required to take into account the capacity and any additional needs for community services and facilities, as part of the infrastructure first approach set out in Policy 18. Policy 14 applies the six qualities of successful places to development proposals, including health and wellbeing. As part of this it prioritises key aspects including women’s safety and suicide risk and aims to ensure development does not undermine the amenity of our existing homes and places. Climate related mental and physical health effects will be addressed by the strategy as a whole and in particular by Policies 1 and 2 by ensuring future development minimises emissions and is built to reflect the future risks of climate change. Health and wellbeing will also be supported by development that helps us to transition to net zero, as reflected in Policy 11 on renewable energy, Policy 12 on zero waste, and Policy 19 on heat and cooling. Wider policies relating to economic development will have a further positive effect on overall health and wellbeing by supporting employment and investment in our places in a fair and sustainable way.
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National Planning Framework 4 20 Part 1 – National Spatial Strategy National Spatial Strategy Legend Strategic maritime routes Strategic connection Blue economy Transmission infrastructure National Developments 1 Energy Innovation Development on the Islands 2 Pumped Hydro Storage Scotland Wide 3 Strategic Œeneable Electricity Generation and Transmission Infrastructure Scotland Wide 4 Circular Economy Materials Management Facilities Scotland Wide 5 Urban Sustainable, Blue and Green Surface Water Management Solutions Edinburgh and Glasgow 6 Urban MassÜŒapid Transit Netorks Aberdeen, Edinburgh and Glasgow 7 Central Scotland Green Netork 8 National Walking, Cycling and Wheeling Netor k Scotland Wide 9 Edinburgh Waterfront 10 Dundee Waterfront 11 Stranraer Gateay 12 Digital Fibre Netor k Scotland Wide 13 Clyde Mission 14 Aberdeen Harbour 15 Industrial Green Transition Zones 16 Hunterston Strategic Asset 17 Chapelcross Poer Station Œedevelopment 18 High Speed Œail 15 10 18 16 13 5,6 14 6 9 5,615 11 18 18 17 1 1 1 2 77 7 Indicative
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National Planning Framework 4 21 Part 1 – National Spatial Strategy National Developments Legend Sustainable Places 1 Energy Innovation Development on the Islands 2 Pumped Hydro Storage Scotland Wide 3 Strategic Renewable Electricity Generation and Transmission Infrastructure Scotland Wide 4 Circular Economy Materials Management Facilities Scotland Wide 5 Urban Sustainable, Blue and Green Surface Water Management Solutions Edinburgh and Glasgow 6 Urban Mass·Rapid Transit Networks Aberdeen, Edinburgh and Glasgow Liveable Places 7 Central Scotland Green Network 8 National Walking, Cycling and Wheeling Networë Scotland Wide 9 Edinburgh Waterfront 1ö Dundee Waterfront 11 Stranraer Gateway 12 Digital Fibre Networë Scotland Wide Productive Places 13 Clyde Mission 14 Aberdeen Harbour 15 Industrial Green Transition Zones 16 Hunterston Strategic Asset 17 Chapelcross Power Station Redevelopment 18 High Speed Rail 11 1ö 18 18 17 16 2 15 1 1 1 6 14 6 7 15 13 5,6 7 7 Indicative 9 5,6
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National Planning Framework 4 22 Part 1 – National Spatial Strategy Regional Spatial Priorities North and West Coast and Islands This part of Scotland will be at the forefront of our efforts to reach net zero emissions by 2045. It is a diverse area, from Shetland and Orkney in the north, to the Outer and Inner Hebrides and the coastal areas of Highland and Argyll and Bute. As one of the most renewable energy rich localities in Europe with significant natural resources, there is a real opportunity for this area to support our shared national outcomes. Key centres where lifeline links provide access to the islands include Lerwick, Kirkwall, Stromness, Stornoway, Wick and Thurso, Ullapool, Mallaig and Oban, whilst Tarbert, Lochgilphead and Campbeltown are important hubs to the south of the area. These centres provide important services to their wider hinterlands. Local projects are ongoing, including the regeneration of Stromness, the Stornoway Deep Water Port development, the linked Islands Growth Deal Outer Hebrides Energy Hub project in Stornoway, and the Islands Growth Deal Knab Redevelopment project in Shetland. The area has an exceptional environment with coastal and island landscapes that are an important part of our national identity. It is rich in biodiversity, sustaining many internationally significant ecological sites, including the United Nations Educational, Scientific and Cultural Organization (UNESCO) Global Geoparks in the North West Highlands and Shetland, and Wester Ross UNESCO Biosphere Reserve and species including some of the best remaining temperate rainforest sites in Europe. It has a rich history, language and distinctive cultural heritage including the St Kilda and the Heart of Neolithic Orkney UNESCO World Heritage Sites. These key assets require careful management to ensure they continue to benefit communities. There will be significant climate challenges for this part of Scotland. Island and coastal ecosystems, and the communities they support, are naturally more vulnerable to the effects of climate change, sea level rise and extreme events. Of particular concern are the impacts on vulnerable low-lying coastal zones and infrastructure, with potentially wide-ranging effects from biodiversity loss to coastal erosion, flooding and landslips. If we do not take action to plan and build resilience, communities could suffer disproportionately from the impacts of climate change. A climate and nature conscious approach to development of this area can help to tackle wider challenges. The Carbon Neutral Islands project will support six islands (Hoy, Islay, Great Cumbrae, Raasay, Barra and Yell) to become carbon neutral by 2040. This will act as a catalyst for further climate action across all Scottish islands to make more attractive, resilient and sustainable communities in the long-term. The relatively high levels of community land ownership, particularly in the Outer Hebrides, and strong ties with the land and sea reflect this area’s strong sense of place and local resilience. Scotland’s National Islands Plan aims to grow the population and economy, improve transport and housing, and ensure island communities are served by the facilities, jobs, education and services they need to flourish. Environmental wellbeing, clean and affordable energy, strong communities, culture and identity are also priorities. Around 94 of Scotland’s 900 islands are permanently inhabited. The size and composition of each population has changed over the years and continues to do so. Whilst most recent estimates indicate population growth across the majority of local authority areas with islands, population change within each area is more complex, with areas of growth and depopulation varying between islands and coastal communities, and across different strata of the population. An ageing population in some parts of the area will mean that we need to do more to reverse past patterns of population decline and sustain local facilities and services that support rural and dispersed communities. Public service provision, transport, energy consumption, fuel poverty, child poverty and housing, including its affordability, will continue to be significant challenges. Employment varies across the area, and can tend to rely on the public sector, tourism and lower wage sectors,
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National Planning Framework 4 23 Part 1 – National Spatial Strategy limiting the scope and choice of skilled jobs in some locations. It can be difficult to attract and retain a local workforce to support some jobs, underlining the importance of building skills and promoting fair work principles to support future investment. Language skills are also important in many areas where Gaelic is used by the community. Challenges from the end of free movement and changing markets, and the agriculture and fishing industries, will need support to ensure long-term sustainability, but there are also substantial economic opportunities presented by developments in sectors such as renewable energy generation. Priorities Alongside Scotland’s marine planning authorities, we will work with the area’s exceptional assets and natural resources to build a more resilient future for island and coastal communities. By guiding RSS and LDPs in this area, our strategy aims to: • Maximise the benefits of renewable energy whilst enhancing blue and green infrastructure, decarbonising transport and building resilient connections. • Support coastal and island communities to become carbon neutral, thus contributing to net-zero commitments and reducing fuel poverty. • Seize the opportunities to grow the blue and green economy, recognising the world-class environmental assets that require careful management and opportunities to develop skills and diversify employment. The following national developments will support delivery of the spatial strategy for this area: • Energy Innovation Development on the Islands • Pumped Hydro Storage • Strategic Renewable Electricity Generation and Transmission Infrastructure • Circular Economy Material Management Facilities • National Walking, Cycling and Wheeling Network • Digital Fibre Network Further detail about the priorities for this area is contained in Annex C. Further details of national developments are contained in Annex B.
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National Planning Framework 4 24 Part 1 – National Spatial Strategy North and West Coast and Islands Legend Strategic maritime routes Strategic connection Blue economy Transmission infrastructure National Developments 1 Energy Innovation Development on the Islands 2 Pumped Hydro Storage Scotland Wide 3 Strategic Œenewable Electricity €eneration and Transmission Infrastructure Scotland Wide 4 Circular Economy Materials Management Facilities Scotland Wide 8 National Walking, Cycling and Wheeling Network Scotland Wide 12 Digital Fibre Network Scotland Wide 1 1 1 2 Indicative
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National Planning Framework 4 25 Part 1 – National Spatial Strategy North The Highlands of Scotland, Moray, mainland Argyll, northern parts of rural Stirling and Perthshire are world renowned for their stunning landscapes, rich biodiversity and cultural heritage. Settlement patterns vary, from dispersed or low density crofting townships, to key centres such as Inverness, Ullapool, Dingwall, Grantown-on- Spey, Aviemore, Elgin, Pitlochry and Aberfeldy. Cairngorms National Park is a national asset with internationally significant habitats and landscapes and there is currently a proposal to make the Flow Country a UNESCO World Heritage Site. The northern part of the Loch Lomond and The Trossachs National Park also extends into this area. Emissions here are partly offset by the climate sequestration from land use and forestry so that the area acts as a net carbon sink overall. There are few sources of significant industrial emissions. Climate change risks include changing levels of rainfall, increased storm events, temperature rise, flood risk, rising sea levels and associated erosion. Tailored measures will be required to assist communities in adapting to climate change and transitioning to net zero. This rural heartland is much more than a place of beauty and isolation. Many thriving communities live here, and they depend on local jobs and learning to support their quality of life. Some communities have experienced outmigration, particularly the loss of younger people, especially outwith Inverness. Further population decline is a future risk, particularly for the west and north. People often depend on the car and more limited access to services creates disadvantage, despite the quality of life and good health that many living here enjoy. An ageing population will put pressures on some services. Parts of the area have recently experienced an accelerated increase in house prices. The pandemic has reinforced long standing issues of affordability and a more mobile remote workforce has been attracted to the area, adding increased pressure. Without intervention, access to affordable homes, jobs and services that enable local people, including young people, to stay in their communities could become more challenging. Fuel and transport poverty is a particular challenge towards the north and west and there are significant areas which do not currently benefit from good quality digital connectivity. The area’s environmental quality, culture, language, landscape and wildlife sustain key economic sectors including tourism, food and drink, distilling and clean energy. Extensive areas of woodland and peatland act as a carbon sink, contributing significantly to our national sustainability. The area has a strong economy with growing income and low unemployment overall, but there remain pockets of deprivation both in urban areas and in more remote areas where there is a need for alternatives to low skilled and low paid jobs.
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National Planning Framework 4 26 Part 1 – National Spatial Strategy Priorities This part of Scotland can continue to make a strong contribution towards meeting our ambition for a net zero and nature positive country by demonstrating how natural assets can be managed and used to secure a more sustainable future. By guiding RSS and LDPs in this area, our strategy aims to: • Protect environmental assets and stimulate investment in natural and engineered solutions to climate change and nature restoration, whilst decarbonising transport and building resilient connections. • Maintain and help to grow the population by taking a positive approach to rural development that strengthens networks of communities. • Support local economic development by making sustainable use of the areas’ world- class environmental assets to innovate and lead greener growth. The following national developments will also support delivery of the spatial strategy for this area: • Pumped Hydro Storage • Strategic Renewable Electricity Generation and Transmission Infrastructure • Circular Economy Material Management Facilities • National Walking, Cycling and Wheeling Network • Digital Fibre Network Further detail about the priorities for this area is contained in Annex C. Further details of national developments are contained in Annex B.
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National Planning Framework 4 27 Part 1 – National Spatial Strategy North Legend Strategic connection Blue economy Transmission infrastructure National Developments 2 Pumped Hydro Storage Scotland Wide 3 Strategic jenewable Electricity ^eneration and Transmission Infrastructure Scotland Wide 4 Circular Economy Materials Management Facilities Scotland Wide 8 National Walking, Cycling and Wheeling Network Scotland Wide 12 Digital Fibre Network Scotland Wide 2 Indicative
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National Planning Framework 4 28 Part 1 – National Spatial Strategy North East The north east is a centre for the skills and expertise we will need to meet our climate change commitments. This area will evolve, through a just transition, to move industry and business away from the oil and gas sector towards a cleaner, greener future. Rich in natural assets, this area, along with the wider Moray and Cromarty Firths, has built on its oil and gas experience to pioneer new technologies. This makes it a uniquely investable proposition that could benefit Scotland as a whole. We can build on the area’s experience to find innovative solutions to climate change. Emissions generated from this area arise mainly from transport, industrial and commercial activity and domestic properties, with land use and forestry providing carbon sequestration. Car ownership is particularly high in Aberdeenshire. Significant parts of the coast will be vulnerable to future climate impacts. This area is amongst the most prosperous parts of Scotland, but has experienced significant economic challenges in recent years and has pockets of deprivation. The area comprises a mix of rural and urban communities, with the city of Aberdeen and a surrounding network of towns including Huntly, Fraserburgh, Peterhead, Ellon, Inverurie and Stonehaven, and significant rural areas including countryside around Aberdeen city. Whilst parts of the area have experienced population decline, several settlements around Aberdeen have grown. Links from Aberdeenshire to communities in Moray, Angus and Tayside are also important. Affordability and choice of homes is acute across the area, especially within Aberdeen. The growing proportion of retirees in Aberdeenshire presents a further challenge to housing and service delivery. There are lower levels of educational attainment and limited access to services for communities along the Aberdeenshire and Moray coast. Many of these places will benefit from further regeneration that builds on their identity and natural assets. The excellent quality of the built environment, natural assets and cultural heritage already contribute to health and wellbeing in the area and can form the basis of a transition to net zero. Some of our highest quality productive agricultural land is concentrated here, together with other land-based industries, and the economy benefits from a strong fishing industry, alongside its globally significant energy sector. The dominance of these sectors, together with wider changes including from the pandemic, European Union (EU) Exit and global markets, means that economic diversification and repurposing of buildings and infrastructure will be key priorities. Priorities This part of Scotland will play a crucial role in achieving Just Transition to net zero. By guiding RSS and LDPs in this area, our strategy aims to: • Plan infrastructure and investment to support the transition from oil and gas to net zero whilst protecting and enhancing blue and green infrastructure and decarbonising connectivity. • Focus on continued regeneration through the principles of local living and 20 minute neighbourhoods to sustain the skilled workforce and improve local liveability. • Support continued economic diversification and innovation. The following national developments will also support delivery of the spatial strategy for this area: • Pumped Hydro Storage • Strategic Renewable Electricity Generation and Transmission Infrastructure • Circular Economy Material Management Facilities • Urban Mass/Rapid Transit Networks • National Walking, Cycling and Wheeling Network • Digital Fibre Network • Aberdeen Harbour • Industrial Green Transition Zones Further detail about the priorities for this area is contained in Annex C. Further details of national developments are contained in Annex B.
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National Planning Framework 4 29 Part 1 – National Spatial Strategy North East Legend Strategic maritime routes Strategic connection Blue economy Transmission infrastructure National Developments 2 Pumped Hydro Storage Scotland Wide 3 Strategic Renewable Electricity Generation and Transmission Infrastructure Scotland Wide 4 Circular Economy Materials Management Facilities Scotland Wide 6 Urban Mass/Rapid Transit Networks Aberdeen, Edinburgh and Glasgow 8 National Walking, Cycling and Wheeling Network Scotland Wide 12 Digital Fibre Network Scotland Wide 14 Aberdeen Harbour 1ë Industrial Green Transition Zones 1ë 1ë 14 6 Indicative
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National Planning Framework 4 30 Part 1 – National Spatial Strategy Central We will only meet our climate change commitments if we make significant changes to the densely populated central belt of Scotland. Our urban communities will play a critical role in reducing the emissions generated by the way we live our lives. This area includes the Glasgow, Edinburgh, Stirling, Dundee and Perth city regions as well as networks of towns and smaller settlements, and more rural surroundings. Many of our largest emitters of greenhouse gas emissions are located in this area, including Grangemouth where industrial activity is concentrated, providing high value manufacturing and employment, and playing a key role in our resilience. Other key sources include industrial, manufacturing and waste management sites and facilities. Overall emissions from domestic properties and transport are high as a result of the area’s population density and the scale of daily movement within and between city regions. The growing risk of flooding could have significant impacts in the future, as many key settlements and economic assets are located on the Clyde, Forth and Tay estuaries. We need to work together to decarbonise buildings and transport and tackle congestion, make more efficient use of existing land and buildings, generate renewable energy and establish supporting electricity and heat networks and create more inclusive, greener and sustainable places that will stand the test of time. By weaving blue and green infrastructure across our urban fabric we can ensure that nature and the outdoors are accessible to everyone, supporting lifelong health and wellbeing and creating places that are more resilient to flooding. There are significant social and economic differences across the area – at a broad scale there are relatively high concentrations of poor health, child poverty, economic disadvantage and population decline in parts of the Glasgow city region contrasting with strong demand and expected population growth in parts of the Edinburgh city region. The broad pattern is repeated for children living in poverty, who are more likely to live in the Glasgow city region. Across the area as a whole, however, there are localised areas of high and low deprivation. As a nation we have a particular obligation to do more to tackle the concentration of poor health outcomes in west central Scotland. Action is needed to reduce inequality and improve health and wellbeing so that everyone is able to thrive. Better places can do more to support lifelong health and wellbeing by providing warm homes that are connected to services. Access to quality greenspace and nature-based solutions can help to mitigate health inequalities and improve physical and mental health, by providing opportunities for play, socialising, relaxation and physical activity. Developing our communities to promote local living and 20 minute neighbourhoods can help reduce inequalities in health. The frequency of urban car use can be reduced by improving local liveability and improved access to facilities, helping to reduce emissions and air pollution. Access to health and social care facilities will need to be built into our future places and can benefit from continuing investment in digital infrastructure and innovation. Household projections show there will be a continuing demand for more homes across the most urban parts of Scotland. There has been a strong market, high levels of housebuilding and pressure on infrastructure in some ‘hot spots’ including the Edinburgh city region, Stirling and Falkirk, and Perth. In contrast, despite good connections and infrastructure capacity, it can be more challenging to encourage the market to deliver new homes particularly in parts of the west where unemployment is also higher. There are also inequalities across each of the city regions, with local concentrations of economic deprivation and many former coalfield communities. Overall, economic performance is higher in Edinburgh and Glasgow and lower in surrounding areas including Inverclyde, Ayrshire, along parts of the Clyde Coast and Lanarkshire.
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National Planning Framework 4 31 Part 1 – National Spatial Strategy The diverse business base reflects nationally important sectors including financial services, business administration, life sciences, distribution and transport, retail and commercial, and manufacturing and production. City centres are experiencing significant challenges, caused or accelerated by the pandemic, but each retain a strong character and distinctive identity, offering opportunities for new business, homes, and services. Similar issues apply to the towns across this area. A wellbeing economy goes beyond strategic investment sites to link more closely with the wellbeing of communities and their local environments. It will be critical to recognise the importance of anchor institutions who can support local investment in our places and natural and historic assets, provide education, employment and other services, and act as community hubs. Significant investment in our health and social care, justice and learning estates will continue to provide important sources of employment and income for smaller scale local businesses. Around the area’s settlements there are many high quality environments, from World Heritage Sites, historic burghs and conservation areas to protected biodiversity sites of international importance, ancient woodlands and areas of high landscape quality, including the coastline, country and national parks, and canals. This brings opportunities for outdoor recreation within a short distance of the majority of Scotland’s population. The coast is an integral part of the area’s identity, combining natural and cultural heritage and acting as a focus for investment and regeneration. We have made progress in restoring and reusing areas that were historically a focus for heavy industry and mining, leaving a legacy of disused sites and areas blighted by dereliction. Key sites for further investment include urban waterfronts and former industrial sites where existing infrastructure can be reused to support the transition to a low carbon economy. Priorities A coherent strategy that focuses on climate change and responds to the challenges of the pandemic will drive forward change to tackle inequalities and build a new, greener, future for this part of the country. By guiding RSS and LDPs in this area, our strategy aims to: • Provide net zero energy solutions including extended heat networks and improved energy efficiency, together with urban greening and improved low carbon transport. • Pioneer low carbon, resilient urban living by rolling out networks of 20 minute neighbourhoods, future proofing city and town centres, accelerating urban greening, investing in net zero homes, and managing development on the edge of settlements. • Target economic investment and build community wealth to overcome disadvantage and support a greener wellbeing economy. The following national developments will also support delivery of the spatial strategy for this area: • Pumped Hydro Storage • Strategic Renewable Electricity Generation and Transmission Infrastructure • Circular Economy Material Management Facilities • Urban Sustainable, Blue and Green Drainage Solutions • Urban Mass/Rapid Transit Networks • Central Scotland Green Network • National Walking, Cycling and Wheeling Network • Edinburgh Waterfront • Dundee Waterfront • Digital Fibre Network • Clyde Mission • Industrial Green Transition Zones • Hunterston Strategic Asset • High Speed Rail Further detail about the priorities for this area is contained in Annex C. Further details of national developments are contained in Annex B.
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National Planning Framework 4 32 Part 1 – National Spatial Strategy Central Legend Strategic maritime routes Strategic connection Blue economy National Developments 2 Pumped Hydro Storage Scotland Wide 3 Strategic Renewable Electricity Generation and Transmission Infrastructure Scotland Wide 4 Circular Economy Materials Management Facilities Scotland Wide 5 Urban Sustainable, Blue and Green Surface Water Management Solutions Edinburgh and Glasgow 6 Urban Mass¹Rapid Transit Networks Aberdeen, Edinburgh and Glasgow 7 Central Scotland Green Network Mapping is indicative 8 National Walking, Cycling and Wheeling Network Scotland Wide 9 Edinburgh Waterfront 10 Dundee Waterfront 12 Digital Fibre Network Scotland Wide 13 Clyde Mission 15 Industrial Green Transition Zones 16 Hunterston Strategic Asset 18 High Speed Rail 10 13 5,6 18 18 16 15 15 9 5,6 7 77 Indicative
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National Planning Framework 4 33 Part 1 – National Spatial Strategy South The South of Scotland is strategically important with a strong sense of identity centred on networks of towns and villages, supported by distinctive landscapes and coasts. This is a place with a rich cultural heritage and exceptional environmental assets and natural resources, such as the Galloway and Southern Ayrshire UNESCO Biosphere and Galloway Forest Dark Sky Park. This area is ambitious for positive change in the coming years, and the immediate work to recover from the pandemic will form the basis of a longer term plan to respond to the challenges of climate change and support nature restoration and recovery. Settlements across this area provide services to the surrounding rural communities. Towns are well placed to be models of sustainable living, with many undergoing regeneration. Larger settlements include Dumfries, Stranraer, Galashiels, Hawick, with a network of towns and villages throughout Dumfries and Galloway and the Scottish Borders. The area extends northwards to include Ayrshire towns such as Ayr, Girvan, Dalmellington and Cumnock in the west, as well as towards the southern rural parts of East Lothian in the east and parts of South Lanarkshire including Biggar and Moffat. Beyond the towns there are many small settlements and rural homes, farms and smallholdings. Cross border relationships are important in this area, together with strategic transport connections to England, Northern Ireland and Ireland. Emissions in this area are moderate, with transport and industry emissions being partly offset by land use. The area has significant areas of woodland and peatland which act as a carbon sink and form the basis for future investment opportunities. The few sites that are significant sources of greenhouse gas emissions include industrial and commercial activities, including some food and drink processing facilities. Coastal erosion and flood risk is expected to be a significant challenge in the future, particularly where there is a risk of impacts on key transport corridors or settlements. Working with communities to find new ways of rural living that are consistent with climate change will be a challenge for this part of Scotland, given the relatively high levels of dependence on the car, limited public transport, housing affordability challenges and the dispersed population. Despite having high levels of wellbeing and quality of life, population decline is projected to continue in some regions to the west of the area, with fewer younger people and more retired people living in the area in the future. Economic diversification will help to address dependence on low wage and public sector employment. Priorities Our strategy aims to ensure that this part of Scotland fulfils its potential. There is significant potential for the area to develop and increase recognition of it as a place to live, work and visit. By guiding RSS and LDPs in this area, our strategy aims to: • Protect environmental assets and stimulate investment in natural and engineered solutions to climate change and nature restoration, whilst decarbonising transport and building resilient physical and digital connections. • Increase the population by improving local liveability, creating a low carbon network of towns and supporting sustainable rural development. • Support local economic development whilst making sustainable use of the area’s world- class environmental assets to innovate and lead greener growth.
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National Planning Framework 4 34 Part 1 – National Spatial Strategy The following national developments will also support delivery of the spatial strategy for this area: • Pumped Hydro Storage • Strategic Renewable Electricity Generation and Transmission Infrastructure • Circular Economy Material Management Facilities • National Walking, Cycling and Wheeling Network • Stranraer Gateway • Digital Fibre Network • Clyde Mission • Chapelcross Power Station Redevelopment • High Speed Rail Further detail about the priorities for this area is contained in Annex C. Further details of national developments are contained in Annex B.
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National Planning Framework 4 35 Part 1 – National Spatial Strategy South Legend Strategic maritime routes Strategic connection Blue economy National Developments 2 Pumped Hydro Storage Scotland Wide 3 Strategic Renewable Electricity ]eneration and Transmission Infrastructure Scotland Wide 4 Circular Economy Materials Management Facilities Scotland Wide 8 National Walking, Cycling and Wheeling Network Scotland Wide 11 Stranraer ]ateway 12 Digital Fibre Network Scotland Wide 1¨ Chapelcross Power Station Redeºelopment 18 High Speed Rail 11 18 18 1¨ Indicative
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Part 2 – National Planning Policy National Planning Framework 4 36 Sustainable Places Tackling the climate and nature crises Policy Principles Policy Intent: To encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. Policy Outcomes: • Zero carbon, nature positive places. Local Development Plans: LDPs must address the global climate emergency and nature crisis by ensuring the spatial strategy will reduce emissions and adapt to current and future risks of climate change by promoting nature recovery and restoration in the area. Policy 1 When considering all development proposals significant weight will be given to the global climate and nature crises. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: All other policies. Part 2 – National Planning Policy
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Part 2 – National Planning Policy National Planning Framework 4 37 Climate mitigation and adaptation Policy Principles Policy Intent: To encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. Policy Outcomes: • Emissions from development are minimised; and • Our places are more resilient to climate change impacts. Local Development Plans: The LDP spatial strategy should be designed to reduce, minimise or avoid greenhouse gas emissions. The six spatial principles should form the basis of the spatial strategy, helping to guide development to, and create, sustainable locations. The strategy should be informed by an understanding of the impacts of the proposals on greenhouse gas emissions. LDPs should support adaptation to the current and future impacts of climate change by taking into account climate risks, guiding development away from vulnerable areas, and enabling places to adapt to those risks. Policy 2 a) Development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible. b) Development proposals will be sited and designed to adapt to current and future risks from climate change. c) Development proposals to retrofit measures to existing developments that reduce emissions or support adaptation to climate change will be supported. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: All other policies.
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Part 2 – National Planning Policy National Planning Framework 4 38 Biodiversity Policy Principles Policy Intent: To protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Policy Outcomes: • Biodiversity is enhanced and better connected including through strengthened nature networks and nature- based solutions. Local Development Plans: LDPs should protect, conserve, restore and enhance biodiversity in line with the mitigation hierarchy. They should also promote nature recovery and nature restoration across the development plan area, including by: facilitating the creation of nature networks and strengthening connections between them to support improved ecological connectivity; restoring degraded habitats or creating new habitats; and incorporating measures to increase biodiversity, including populations of priority species. Policy 3 a) Development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature-based solutions, where possible. b) Development proposals for national or major development, or for development that requires an Environmental Impact Assessment will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. To inform this, best practice assessment methods should be used. Proposals within these categories will demonstrate how they have met all of the following criteria: i. the proposal is based on an understanding of the existing characteristics of the site and its local, regional and national ecological context prior to development, including the presence of any irreplaceable habitats; ii. wherever feasible, nature-based solutions have been integrated and made best use of; iii. an assessment of potential negative effects which should be fully mitigated in line with the mitigation hierarchy prior to identifying enhancements; iv. significant biodiversity enhancements are provided, in addition to any proposed mitigation. This should include nature networks, linking to and strengthening habitat connectivity within and beyond the development, secured within a reasonable timescale and with reasonable certainty. Management arrangements for their long- term retention and monitoring should be included, wherever appropriate; and v. local community benefits of the biodiversity and/or nature networks have been considered. c) Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. Applications for individual householder development, or which fall within scope of (b) above, are excluded from this requirement. d) Any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. This will take into account the need to reverse biodiversity loss, safeguard the ecosystem services that the natural environment provides, and build resilience by enhancing nature networks and maximising the potential for restoration.
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Part 2 – National Planning Policy National Planning Framework 4 39 Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Soils Forestry, woodland and trees Green belts Coastal development Energy Design, quality and place Blue and green infrastructure Flood risk and water management
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Part 2 – National Planning Policy National Planning Framework 4 40 Natural places Policy Principles Policy Intent: To protect, restore and enhance natural assets making best use of nature-based solutions. Policy Outcomes: • Natural places are protected and restored. • Natural assets are managed in a sustainable way that maintains and grows their essential benefits and services. Local Development Plans: LDPs will identify and protect locally, regionally, nationally and internationally important natural assets, on land and along coasts. The spatial strategy should safeguard them and take into account the objectives and level of their protected status in allocating land for development. Spatial strategies should also better connect nature rich areas by establishing and growing nature networks to help protect and restore the biodiversity, ecosystems and natural processes in their area. Policy 4 a) Development proposals which by virtue of type, location or scale will have an unacceptable impact on the natural environment, will not be supported. b) Development proposals that are likely to have a significant effect on an existing or proposed European site (Special Area of Conservation or Special Protection Areas) and are not directly connected with or necessary to their conservation management are required to be subject to an “appropriate assessment” of the implications for the conservation objectives. c) Development proposals that will affect a National Park, National Scenic Area, Site of Special Scientific Interest or a National Nature Reserve will only be supported where: i. The objectives of designation and the overall integrity of the areas will not be compromised; or ii. Any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by social, environmental or economic benefits of national importance. All Ramsar sites are also European sites and/ or Sites of Special Scientific Interest and are extended protection under the relevant statutory regimes. d) Development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where: i. Development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified; or ii. Any significant adverse effects on the integrity of the area are clearly outweighed by social, environmental or economic benefits of at least local importance. e) The precautionary principle will be applied in accordance with relevant legislation and Scottish Government guidance. f) Development proposals that are likely to have an adverse effect on species protected by legislation will only be supported where the proposal meets the relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on a site or may be affected by a proposed development, steps must be taken to establish its presence. The level of protection required by legislation must be factored into the planning and design of development, and potential impacts must be fully considered prior to the determination of any application.
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Part 2 – National Planning Policy National Planning Framework 4 41 g) Development proposals in areas identified as wild land in the Nature Scot Wild Land Areas map will only be supported where the proposal: i. will support meeting renewable energy targets; or, ii. is for small scale development directly linked to a rural business or croft, or is required to support a fragile community in a rural area. All such proposals must be accompanied by a wild land impact assessment which sets out how design, siting, or other mitigation measures have been and will be used to minimise significant impacts on the qualities of the wild land, as well as any management and monitoring arrangements where appropriate. Buffer zones around wild land will not be applied, and effects of development outwith wild land areas will not be a significant consideration. Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Soils Forestry, woodland and trees Historic assets and places Green belts Coastal development Energy Design, quality and place Blue and green infrastructure Play, recreation and sport Flood risk and water management Rural development Tourism
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Part 2 – National Planning Policy National Planning Framework 4 42 Soils Policy Principles Policy Intent: To protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development. Policy Outcomes: • Valued soils are protected and restored. • Soils, including carbon-rich soils, are sequestering and storing carbon. • Soils are healthy and provide essential ecosystem services for nature, people and our economy. Local Development Plans: LDPs should protect locally, regionally, nationally and internationally valued soils, including land of lesser quality that is culturally or locally important for primary use. Policy 5 a) Development proposals will only be supported if they are designed and constructed: i. In accordance with the mitigation hierarchy by first avoiding and then minimising the amount of disturbance to soils on undeveloped land; and ii. In a manner that protects soil from damage including from compaction and erosion, and that minimises soil sealing. b) Development proposals on prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, as identified by the LDP, will only be supported where it is for: i. Essential infrastructure and there is a specific locational need and no other suitable site; ii. Small-scale development directly linked to a rural business, farm or croft or for essential workers for the rural business to be able to live onsite; iii. The development of production and processing facilities associated with the land produce where no other local site is suitable; iv.The generation of energy from renewable sources or the extraction of minerals and there is secure provision for restoration; and In all of the above exceptions, the layout and design of the proposal minimises the amount of protected land that is required. c) Development proposals on peatland, carbon- rich soils and priority peatland habitat will only be supported for: i. Essential infrastructure and there is a specific locational need and no other suitable site; ii. The generation of energy from renewable sources that optimises the contribution of the area to greenhouse gas emissions reductions targets; iii. Small-scale development directly linked to a rural business, farm or croft; iv.Supporting a fragile community in a rural or island area; or v. Restoration of peatland habitats. d) Where development on peatland, carbon-rich soils or priority peatland habitat is proposed, a detailed site specific assessment will be required to identify: i. the baseline depth, habitat condition, quality and stability of carbon rich soils; ii. the likely effects of the development on peatland, including on soil disturbance; and iii. the likely net effects of the development on climate emissions and loss of carbon.
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Part 2 – National Planning Policy National Planning Framework 4 43 This assessment should inform careful project design and ensure, in accordance with relevant guidance and the mitigation hierarchy, that adverse impacts are first avoided and then minimised through best practice. A peat management plan will be required to demonstrate that this approach has been followed, alongside other appropriate plans required for restoring and/ or enhancing the site into a functioning peatland system capable of achieving carbon sequestration. e) Development proposals for new commercial peat extraction, including extensions to existing sites, will only be supported where: i. the extracted peat is supporting the Scottish whisky industry; ii. there is no reasonable substitute; iii. the area of extraction is the minimum necessary and the proposal retains an in-situ residual depth of peat of at least 1 metre across the whole site, including drainage features; iv. the time period for extraction is the minimum necessary; and v. there is an agreed comprehensive site restoration plan which will progressively restore, over a reasonable timescale, the area of extraction to a functioning peatland system capable of achieving carbon sequestration. Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Historic assets and places Energy Blue and green infrastructure Rural development
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Part 2 – National Planning Policy National Planning Framework 4 44 Forestry, woodland and trees Policy Principles Policy Intent: To protect and expand forests, woodland and trees. Policy Outcomes: • Existing woodlands and trees are protected, and cover is expanded. • Woodland and trees on development sites are sustainably managed. Local Development Plans: LDPs should identify and protect existing woodland and the potential for its enhancement or expansion to avoid habitat fragmentation and improve ecological connectivity, helping to support and expand nature networks. The spatial strategy should identify and set out proposals for forestry, woodlands and trees in the area, including their development, protection and enhancement, resilience to climate change, and the expansion of a range of types to provide multiple benefits. This will be supported and informed by an up to date Forestry and Woodland Strategy. Policy 6 a) Development proposals that enhance, expand and improve woodland and tree cover will be supported. b) Development proposals will not be supported where they will result in: i. Any loss of ancient woodlands, ancient and veteran trees, or adverse impact on their ecological condition; ii. Adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy; iii. Fragmenting or severing woodland habitats, unless appropriate mitigation measures are identified and implemented in line with the mitigation hierarchy; iv. Conflict with Restocking Direction, Remedial Notice or Registered Notice to Comply issued by Scottish Forestry. c) Development proposals involving woodland removal will only be supported where they will achieve significant and clearly defined additional public benefits in accordance with relevant Scottish Government policy on woodland removal. Where woodland is removed, compensatory planting will most likely be expected to be delivered. d) Development proposals on sites which include an area of existing woodland or land identified in the Forestry and Woodland Strategy as being suitable for woodland creation will only be supported where the enhancement and improvement of woodlands and the planting of new trees on the site (in accordance with the Forestry and Woodland Strategy) are integrated into the design. Policy impact: Just Transition Conserving and recycling assets Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Soils Historic assets and places Green belts Energy Design, quality and place Local Living and 20 minute neighbourhoods Heat and cooling Blue and green infrastructure Play, recreation and sport Flood risk and water management Health and safety Tourism
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Part 2 – National Planning Policy National Planning Framework 4 45 Historic assets and places Policy Principles Policy Intent: To protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. Policy Outcomes: • The historic environment is valued, protected, and enhanced, supporting the transition to net zero and ensuring assets are resilient to current and future impacts of climate change. • Redundant or neglected historic buildings are brought back into sustainable and productive uses. • Recognise the social, environmental and economic value of the historic environment, to our economy and cultural identity. Local Development Plans: LDPs, including through their spatial strategies, should support the sustainable management of the historic environment. They should identify, protect and enhance valued historic assets and places. Policy 7 a) Development proposals with a potentially significant impact on historic assets or places will be accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. The assessment should identify the likely visual or physical impact of any proposals for change, including cumulative effects and provide a sound basis for managing the impacts of change. Proposals should also be informed by national policy and guidance on managing change in the historic environment, and information held within Historic Environment Records. b) Development proposals for the demolition of listed buildings will not be supported unless it has been demonstrated that there are exceptional circumstances and that all reasonable efforts have been made to retain, reuse and/or adapt the listed building. Considerations include whether the: i. building is no longer of special interest; ii. building is incapable of physical repair and re-use as verified through a detailed structural condition survey report; iii. repair of the building is not economically viable and there has been adequate marketing for existing and/or new uses at a price reflecting its location and condition for a reasonable period to attract interest from potential restoring purchasers; or iv. demolition of the building is essential to delivering significant benefits to economic growth or the wider community. c) Development proposals for the reuse, alteration or extension of a listed building will only be supported where they will preserve its character, special architectural or historic interest and setting. Development proposals affecting the setting of a listed building should preserve its character, and its special architectural or historic interest. d) Development proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation area and its setting is preserved or enhanced. Relevant considerations include the: i. architectural and historic character of the area; ii. existing density, built form and layout; and iii. context and siting, quality of design and suitable materials. e) Development proposals in conservation areas will ensure that existing natural and built features which contribute to the character of the conservation area and its setting, including structures, boundary walls, railings, trees and hedges, are retained.
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Part 2 – National Planning Policy National Planning Framework 4 46 f) Demolition of buildings in a conservation area which make a positive contribution to its character will only be supported where it has been demonstrated that: i. reasonable efforts have been made to retain, repair and reuse the building; ii. the building is of little townscape value; iii. the structural condition of the building prevents its retention at a reasonable cost; or iv.the form or location of the building makes its reuse extremely difficult. g) Where demolition within a conservation area is to be followed by redevelopment, consent to demolish will only be supported when an acceptable design, layout and materials are being used for the replacement development. h) Development proposals affecting scheduled monuments will only be supported where: i. direct impacts on the scheduled monument are avoided; ii. significant adverse impacts on the integrity of the setting of a scheduled monument are avoided; or iii. exceptional circumstances have been demonstrated to justify the impact on a scheduled monument and its setting and impacts on the monument or its setting have been minimised. i) Development proposals affecting nationally important Gardens and Designed Landscapes will be supported where they protect, preserve or enhance their cultural significance, character and integrity and where proposals will not significantly impact on important views to, from and within the site, or its setting. j) Development proposals affecting nationally important Historic Battlefields will only be supported where they protect and, where appropriate, enhance their cultural significance, key landscape characteristics, physical remains and special qualities. k) Development proposals at the coast edge or that extend offshore will only be supported where proposals do not significantly hinder the preservation objectives of Historic Marine Protected Areas. l) Development proposals affecting a World Heritage Site or its setting will only be supported where their Outstanding Universal Value is protected and preserved. m) Development proposals which sensitively repair, enhance and bring historic buildings, as identified as being at risk locally or on the national Buildings at Risk Register, back into beneficial use will be supported. n) Enabling development for historic environment assets or places that would otherwise be unacceptable in planning terms, will only be supported when it has been demonstrated that the enabling development proposed is: i. essential to secure the future of an historic environment asset or place which is at risk of serious deterioration or loss; and ii. the minimum necessary to secure the restoration, adaptation and long-term future of the historic environment asset or place. The beneficial outcomes for the historic environment asset or place should be secured early in the phasing of the development, and will be ensured through the use of conditions and/or legal agreements. o) Non-designated historic environment assets, places and their setting should be protected and preserved in situ wherever feasible. Where there is potential for non-designated buried archaeological remains to exist below a site, developers will provide an evaluation of the archaeological resource at an early stage so that planning authorities can assess impacts. Historic buildings may also have archaeological significance which is not understood and may require assessment.
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Part 2 – National Planning Policy National Planning Framework 4 47 Where impacts cannot be avoided they should be minimised. Where it has been demonstrated that avoidance or retention is not possible, excavation, recording, analysis, archiving, publication and activities to provide public benefit may be required through the use of conditions or legal/planning obligations. When new archaeological discoveries are made during the course of development works, they must be reported to the planning authority to enable agreement on appropriate inspection, recording and mitigation measures. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Forestry, woodland and trees Green belts Brownfield, vacant and derelict land and empty buildings Coastal development Energy Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Flood risk and water management Digital infrastructure Community wealth building City, town, local and commercial centres Rural development Tourism Culture and creativity
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Part 2 – National Planning Policy National Planning Framework 4 48 Green belts Policy Principles Policy Intent: To encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. Policy Outcomes: • Development is directed to the right locations, urban density is increased and unsustainable growth is prevented. • The character, landscape, natural setting and identity of settlements is protected and enhanced. • Nature networks are supported and land is managed to help tackle climate change. Local Development Plans: LDPs should consider using green belts, to support their spatial strategy as a settlement management tool to restrict development around towns and cities. Green belts will not be necessary for most settlements but may be zoned around settlements where there is a significant danger of unsustainable growth in car-based commuting or suburbanisation of the countryside. Green belts should be identified or reviewed as part of the preparation of LDPs. Boundary changes may be made to accommodate planned growth, or to extend, or alter the area covered as green belt. Detailed green belt boundaries should be based on evidence and should be clearly identified in plans. Policy 8 a) Development proposals within a green belt designated within the LDP will only be supported if: i) they are for: • development associated with agriculture, woodland creation, forestry and existing woodland (including community woodlands); • residential accommodation required and designed for a key worker in a primary industry within the immediate vicinity of their place of employment where the presence of a worker is essential to the operation of the enterprise, or retired workers where there is no suitable alternative accommodation available; • horticulture, including market gardening and directly connected retailing, as well as community growing; • outdoor recreation, play and sport or leisure and tourism uses; and developments that provide opportunities for access to the open countryside (including routes for active travel and core paths); • flood risk management (such as development of blue and green infrastructure within a “drainage catchment” to manage/mitigate flood risk and/or drainage issues); • essential infrastructure or new cemetery provision; • minerals operations and renewable energy developments; • intensification of established uses, including extensions to an existing building where that is ancillary to the main use; • the reuse, rehabilitation and conversion of historic environment assets; or • one-for-one replacements of existing permanent homes. and
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Part 2 – National Planning Policy National Planning Framework 4 49 ii) the following requirements are met: • reasons are provided as to why a green belt location is essential and why it cannot be located on an alternative site outwith the green belt; • the purpose of the green belt at that location is not undermined; • the proposal is compatible with the surrounding established countryside and landscape character; • the proposal has been designed to ensure it is of an appropriate scale, massing and external appearance, and uses materials that minimise visual impact on the green belt as far as possible; and • there will be no significant long-term impacts on the environmental quality of the green belt. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Historic assets and places Brownfield, vacant and derelict land and empty buildings Energy Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Play, recreation and sport Flood risk and water management Digital infrastructure Business and industry Rural development Retail Tourism Minerals
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Part 2 – National Planning Policy National Planning Framework 4 50 Brownfield, vacant and derelict land and empty buildings Policy Principles Policy Intent: To encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Policy Outcomes: • Development is directed to the right locations, maximising the use of existing assets and minimising additional land take. • The contribution of brownfield land to nature recovery is recognised and opportunities for use as productive greenspace are realised where appropriate. • Derelict buildings and spaces are regenerated to improve wellbeing and transform our places. Local Development Plans: LDPs should set out opportunities for the sustainable reuse of brownfield land including vacant and derelict land and empty buildings. Policy 9 a) Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. b) Proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. c) Where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use. d) Development proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. Given the need to conserve embodied energy, demolition will be regarded as the least preferred option. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Historic assets and places Zero waste Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Play, recreation and sport Health and safety Business and industry City, town, local and commercial centres Rural development Culture and creativity
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Part 2 – National Planning Policy National Planning Framework 4 51 Coastal development Policy Principles Policy Intent: To protect coastal communities and assets and support resilience to the impacts of climate change. Policy Outcomes: • Coastal areas develop sustainably and adapt to climate change. Local Development Plans: LDP spatial strategies should consider how to adapt coastlines to the impacts of climate change. This should recognise that rising sea levels and more extreme weather events resulting from climate change will potentially have a significant impact on coastal and islands areas, and take a precautionary approach to flood risk including by inundation. Spatial strategies should reflect the diversity of coastal areas and opportunities to use nature- based solutions to improve the resilience of coastal communities and assets. LDP spatial strategies should identify areas of developed and undeveloped coast and should align with national, sectoral and regional marine plans. Policy 10 a) Development proposals in developed coastal areas will only be supported where the proposal: i. does not result in the need for further coastal protection measures taking into account future sea level change; or increase the risk to people of coastal flooding or coastal erosion, including through the loss of natural coastal defences including dune systems; and ii. is anticipated to be supportable in the long- term, taking into account projected climate change. b) Development proposals in undeveloped coastal areas will only be supported where they: i. are necessary to support the blue economy, net zero emissions or to contribute to the economy or wellbeing of communities whose livelihood depend on marine or coastal activities, or is for essential infrastructure, where there is a specific locational need and no other suitable site; ii. do not result in the need for further coastal protection measures taking into account future sea level change; or increase the risk to people of coastal flooding or coastal erosion, including through the loss of natural coastal defences including dune systems; and iii. are anticipated to be supportable in the long-term, taking into account projected climate change; or iv. are designed to have a very short lifespan. c) Development proposals for coastal defence measures will be supported if: i. they are consistent with relevant coastal or marine plans; ii. nature-based solutions are utilised and allow for managed future coastal change wherever practical; and iii. any in-perpetuity hard defense measures can be demonstrated to be necessary to protect essential assets. d) Where a design statement is submitted with any planning application that may impact on the coast it will take into account, as appropriate, long-term coastal vulnerability and resilience.
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Part 2 – National Planning Policy National Planning Framework 4 52 Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Energy Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Blue and green infrastructure Play, recreation and sport Flood risk and water management Rural development Tourism Aquaculture
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Part 2 – National Planning Policy National Planning Framework 4 53 Energy Policy Principles Policy Intent: To encourage, promote and facilitate all forms of renewable energy development onshore and offshore. This includes energy generation, storage, new and replacement transmission and distribution infrastructure and emerging low-carbon and zero emissions technologies including hydrogen and carbon capture utilisation and storage (CCUS). Policy Outcomes: • Expansion of renewable, low-carbon and zero emissions technologies. Local Development Plans: LDPs should seek to realise their area’s full potential for electricity and heat from renewable, low carbon and zero emission sources by identifying a range of opportunities for energy development. Policy 11 a) Development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include: i. wind farms including repowering, extending, expanding and extending the life of existing wind farms; ii. enabling works, such as grid transmission and distribution infrastructure; iii. energy storage, such as battery storage and pumped storage hydro; iv. small scale renewable energy generation technology; v. solar arrays; vi. proposals associated with negative emissions technologies and carbon capture; and vii. proposals including co-location of these technologies. b) Development proposals for wind farms in National Parks and National Scenic Areas will not be supported. c) Development proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities. d) Development proposals that impact on international or national designations will be assessed in relation to Policy 4. e) In addition, project design and mitigation will demonstrate how the following impacts are addressed: i. impacts on communities and individual dwellings, including, residential amenity, visual impact, noise and shadow flicker; ii. significant landscape and visual impacts, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/ or appropriate design mitigation has been applied, they will generally be considered to be acceptable; iii. public access, including impact on long distance walking and cycling routes and scenic routes; iv. impacts on aviation and defence interests including seismological recording; v. impacts on telecommunications and broadcasting installations, particularly ensuring that transmission links are not compromised; vi. impacts on road traffic and on adjacent trunk roads, including during construction; vii. impacts on historic environment; viii. effects on hydrology, the water environment and flood risk; ix. biodiversity including impacts on birds; x. impacts on trees, woods and forests; xi. proposals for the decommissioning of developments, including ancillary infrastructure, and site restoration; xii. the quality of site restoration plans including the measures in place to safeguard or guarantee availability of finances to effectively implement those plans; and xiii. cumulative impacts.
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Part 2 – National Planning Policy National Planning Framework 4 54 In considering these impacts, significant weight will be placed on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. Grid capacity should not constrain renewable energy development. It is for developers to agree connections to the grid with the relevant network operator. In the case of proposals for grid infrastructure, consideration should be given to underground connections where possible. f) Consents for development proposals may be time-limited. Areas identified for wind farms are, however, expected to be suitable for use in perpetuity. Policy impact: Just Transition Conserving and recycling assets Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Soils Historic assets and places Green belts Infrastructure first Heat and cooling Community wealth building
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Part 2 – National Planning Policy National Planning Framework 4 55 Zero waste Policy Principles Policy Intent: To encourage, promote and facilitate development that is consistent with the waste hierarchy. Policy Outcomes: • The reduction and reuse of materials in construction is prioritised. • Infrastructure for zero waste and to develop Scotland’s circular economy is delivered in appropriate locations. Local Development Plans: LDPs should identify appropriate locations for new waste management infrastructure to support the circular economy and meet identified needs in a way that moves waste as high up the waste hierarchy as possible. Policy 12 a) Development proposals will seek to reduce, reuse, or recycle materials in line with the waste hierarchy. b) Development proposals will be supported where they: i. reuse existing buildings and infrastructure; ii. minimise demolition and salvage materials for reuse; iii. minimise waste, reduce pressure on virgin resources and enable building materials, components and products to be disassembled, and reused at the end of their useful life; iv. use materials with the lowest forms of embodied emissions, such as recycled and natural construction materials; v. use materials that are suitable for reuse with minimal reprocessing. c) Development proposals that are likely to generate waste when operational, including residential, commercial, and industrial properties, will set out how much waste the proposal is expected to generate and how it will be managed including: i. provision to maximise waste reduction and waste separation at source, and ii. measures to minimise the cross- contamination of materials, through appropriate segregation and storage of waste; convenient access for the collection of waste; and recycling and localised waste management facilities. d) Development proposals for waste infrastructure and facilities (except landfill and energy from waste facilities) will be only supported where: i. there are no unacceptable impacts (including cumulative) on the residential amenity of nearby dwellings, local communities; the transport network; and natural and historic environment assets; ii. environmental (including cumulative) impacts relating to noise, dust, smells, pest control and pollution of land, air and water are acceptable; iii. any greenhouse gas emissions resulting from the processing and transportation of waste to and from the facility are minimised; iv. an adequate buffer zone between sites and sensitive uses such as homes is provided taking account of the various environmental effects likely to arise; v. a restoration and aftercare scheme (including appropriate financial mechanisms) is provided and agreed to ensure the site is restored; vi. consideration has been given to co-location with end users of outputs. e) Development proposals for new or extended landfill sites will only be supported if: i. there is demonstrable need for additional landfill capacity taking into account Scottish Government objectives on waste management; and ii. waste heat and/or electricity generation is included. Where this is considered impractical, evidence and justification will require to be provided.
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Part 2 – National Planning Policy National Planning Framework 4 56 f) Proposals for the capture, distribution or use of gases captured from landfill sites or waste water treatment plant will be supported. g) Development proposals for energy-from-waste facilities will not be supported except under limited circumstances where a national or local need has been sufficiently demonstrated (e.g. in terms of capacity need or carbon benefits) as part of a strategic approach to residual waste management and where the proposal: i. is consistent with climate change mitigation targets and in line with circular economy principles; ii. can demonstrate that a functional heat network can be created and provided within the site for appropriate infrastructure to allow a heat network to be developed and potential local consumers have been identified; iii. is supported by a heat and power plan, which demonstrates how energy recovered from the development would be used to provide electricity and heat and where consideration is given to methods to reduce carbon emissions of the facility (for example through carbon capture and storage) iv. complies with relevant guidelines published by Scottish Environment Protection Agency (SEPA); and v. has supplied an acceptable decarbonisation strategy aligned with Scottish Government decarbonisation goals. Policy impact: Just Transition Conserving and recycling assets Compact urban growth Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Brownfield, vacant and derelict land and empty buildings Energy Infrastructure first Heat and cooling Community wealth building Minerals
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Part 2 – National Planning Policy National Planning Framework 4 57 Sustainable transport Policy Principles Policy Intent: To encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. Policy Outcomes: • Investment in transport infrastructure supports connectivity and reflects place- based approaches and local living. • More, better, safer and more inclusive active and sustainable travel opportunities. • Developments are in locations which support sustainable travel. Local Development Plans: LDPs should prioritise locations for future development that can be accessed by sustainable modes. The spatial strategy should reflect the sustainable travel hierarchy and sustainable investment hierarchy by making best use of existing infrastructure and services. LDPs should promote a place-based approach to consider how to reduce car-dominance. This could include low traffic schemes, shared transport options, designing–in speed controls, bus/cycle priority, pedestrianisation and minimising space dedicated to car parking. Consideration should be given to the type, mix and use of development; local living and 20 minute neighbourhoods; car ownership levels; the accessibility of proposals and allocations by sustainable modes; and the accessibility for users of all abilities. LDPs should be informed by an appropriate and effective transport appraisal undertaken in line with relevant transport appraisal guidance. Plans should be informed by evidence of the area’s transport infrastructure capacity, and an appraisal of the spatial strategy on the transport network. This should identify any potential cumulative transport impacts and deliverable mitigation proposed to inform the plan’s infrastructure first approach. Where there is likely to be an impact on the trunk road or rail network, early engagement with Transport Scotland is required. Policy 13 a) Proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs will be supported. This includes proposals: i. for electric vehicle charging infrastructure and electric vehicle forecourts, especially where fuelled by renewable energy. ii. which support a mode shift of freight from road to more sustainable modes, including last-mile delivery. iii. that build in resilience to the effects of climate change and where appropriate incorporate blue and green infrastructure and nature rich habitats (such as natural planting or water systems). b) Development proposals will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies and where appropriate they: i. Provide direct, easy, segregated and safe links to local facilities via walking, wheeling and cycling networks before occupation; ii. Will be accessible by public transport, ideally supporting the use of existing services; iii. Integrate transport modes; iv. Provide low or zero-emission vehicle and cycle charging points in safe and convenient locations, in alignment with building standards; v. Supply safe, secure and convenient cycle parking to meet the needs of users and which is more conveniently located than car parking; vi. Are designed to incorporate safety measures including safe crossings for walking and wheeling and reducing the number and speed of vehicles;
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Part 2 – National Planning Policy National Planning Framework 4 58 vii. Have taken into account, at the earliest stage of design, the transport needs of diverse groups including users with protected characteristics to ensure the safety, ease and needs of all users; and viii. Adequately mitigate any impact on local public access routes. c) Where a development proposal will generate a significant increase in the number of person trips, a transport assessment will be required to be undertaken in accordance with the relevant guidance. d) Development proposals for significant travel generating uses will not be supported in locations which would increase reliance on the private car, taking into account the specific characteristics of the area. e) Development proposals which are ambitious in terms of low/no car parking will be supported, particularly in urban locations that are well-served by sustainable transport modes and where they do not create barriers to access by disabled people. f) Development proposals for significant travel generating uses, or smaller-scale developments where it is important to monitor travel patterns resulting from the development, will only be supported if they are accompanied by a Travel Plan with supporting planning conditions/obligations. Travel plans should set out clear arrangements for delivering against targets, as well as monitoring and evaluation. g) Development proposals that have the potential to affect the operation and safety of the Strategic Transport Network will be fully assessed to determine their impact. Where it has been demonstrated that existing infrastructure does not have the capacity to accommodate a development without adverse impacts on safety or unacceptable impacts on operational performance, the cost of the mitigation measures required to ensure the continued safe and effective operation of the network should be met by the developer. While new junctions on trunk roads are not normally acceptable, the case for a new junction will be considered by Transport Scotland where significant economic or regeneration benefits can be demonstrated. New junctions will only be considered if they are designed in accordance with relevant guidance and where there will be no adverse impact on road safety or operational performance. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Business and industry City, town, local and commercial centres Retail Rural development Tourism
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Part 2 – National Planning Policy National Planning Framework 4 59 Liveable Places Design, quality and place Policy Principles Policy Intent: To encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. Policy Outcomes: • Quality places, spaces and environments. • Places that consistently deliver healthy, pleasant, distinctive, connected, sustainable and adaptable qualities. Local Development Plans: LDPs should be place-based and created in line with the Place Principle. The spatial strategy should be underpinned by the six qualities of successful places. LDPs should provide clear expectations for design, quality and place taking account of the local context, characteristics and connectivity of the area. They should also identify where more detailed design guidance is expected, for example, by way of design frameworks, briefs, masterplans and design codes. Planning authorities should use the Place Standard tool in the preparation of LDPs and design guidance to engage with communities and other stakeholders. They should also where relevant promote its use in early design discussions on planning applications. Policy 14 a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. b) Development proposals will be supported where they are consistent with the six qualities of successful places: Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health. Pleasant: Supporting attractive natural and built spaces. Connected: Supporting well connected networks that make moving around easy and reduce car dependency Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted, literally or creatively, into designs to reinforce identity. Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience, and integrating nature positive, biodiversity solutions. Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can be changed quickly to accommodate different uses as well as maintained over time. Further details on delivering the six qualities of successful places are set out in Annex D. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported.
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Part 2 – National Planning Policy National Planning Framework 4 60 Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: All other policies.
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Part 2 – National Planning Policy National Planning Framework 4 61 Local Living and 20 minute neighbourhoods Policy Principles Policy Intent: To encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. Policy Outcomes: • Places are planned to improve local living in a way that reflects local circumstances. • A network of high-quality, accessible, mixed-use neighbourhoods which support health and wellbeing, reduce inequalities and are resilient to the effects of climate change. • New and existing communities are planned together with homes and the key local infrastructure including schools, community centres, local shops, greenspaces, health and social care, digital and sustainable transport links. Local Development Plans: LDPs should support local living, including 20 minute neighbourhoods within settlements, through the spatial strategy, associated site briefs and masterplans. The approach should take into account the local context, consider the varying settlement patterns and reflect the particular characteristics and challenges faced by each place. Communities and businesses will have an important role to play in informing this, helping to strengthen local living through their engagement with the planning system. Policy 15 a) Development proposals will contribute to local living including, where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to: • sustainable modes of transport including local public transport and safe, high quality walking, wheeling and cycling networks; • employment; • shopping; • health and social care facilities; • childcare, schools and lifelong learning opportunities; • playgrounds and informal play opportunities, parks, green streets and spaces, community gardens, opportunities for food growth and allotments, sport and recreation facilities; • publicly accessible toilets; • affordable and accessible housing options, ability to age in place and housing diversity. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Sustainable transport Design, quality and place Infrastructure first Quality homes Blue and green infrastructure Play, recreation and sport Community wealth building City, town, local and commercial centres Retail
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Part 2 – National Planning Policy National Planning Framework 4 62 Quality homes Policy Principles Policy Intent: To encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. Policy Outcomes: • Good quality homes are at the heart of great places and contribute to strengthening the health and wellbeing of communities. • Provision of land in the right locations to accommodate future need and demand for new homes, supported by the appropriate infrastructure. • More energy efficient, net zero emissions homes, supporting a greener, fairer and more inclusive wellbeing economy and community wealth building, tackling both fuel and child poverty. Local Development Plans: LDPs are expected to identify a Local Housing Land Requirement for the area they cover. This is to meet the duty for a housing target and to represent how much land is required. To promote an ambitious and plan-led approach, the Local Housing Land Requirement is expected to exceed the 10 year Minimum All- Tenure Housing Land Requirement (MATHLR) set out in Annex E. Deliverable land should be allocated to meet the 10 year Local Housing Land Requirement in locations that create quality places for people to live. Areas that may be suitable for new homes beyond 10 years are also to be identified. The location of where new homes are allocated should be consistent with local living including, where relevant, 20 minute neighbourhoods and an infrastructure first approach. In rural and island areas, authorities are encouraged to set out tailored approaches to housing which reflect locally specific market circumstances and delivery approaches. Diverse needs and delivery models should be taken into account across all areas, as well as allocating land to ensure provision of accommodation for Gypsy/Travellers and Travelling Showpeople where need is identified. The LDP delivery programme is expected to establish a deliverable housing land pipeline for the Local Housing Land Requirement. The purpose of the pipeline is to provide a transparent view of the phasing of housing allocations so that interventions, including infrastructure, that enable delivery can be planned: it is not to stage permissions. Representing when land will be brought forward, phasing is expected across the short (1-3 years), medium (4-6 years) and long-term (7-10 years). Where sites earlier in the deliverable housing land pipeline are not delivering as programmed, and alternative delivery mechanisms identified in the delivery programme are not practical, measures should be considered to enable earlier delivery of long-term deliverable sites (7-10 years) or areas identified for new homes beyond 10 years. De-allocations should be considered where sites are no longer deliverable. The annual Housing Land Audit will monitor the delivery of housing land to inform the pipeline and the actions to be taken in the delivery programme. Policy 16 a) Development proposals for new homes on land allocated for housing in LDPs will be supported. b) Development proposals that include 50 or more homes, and smaller developments if required by local policy or guidance, should be accompanied by a Statement of Community Benefit. The statement will explain the contribution of the proposed development to: i. meeting local housing requirements, including affordable homes; ii. providing or enhancing local infrastructure, facilities and services; and iii. improving the residential amenity of the surrounding area.
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Part 2 – National Planning Policy National Planning Framework 4 63 c) Development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, will be supported. This could include: i. self-provided homes; ii. accessible, adaptable and wheelchair accessible homes; iii. build to rent; iv. affordable homes; v. a range of size of homes such as those for larger families; vi. homes for older people, including supported accommodation, care homes and sheltered housing; vii. homes for people undertaking further and higher education; and viii. homes for other specialist groups such as service personnel. d) Development proposals for public or private, permanent or temporary, Gypsy/Travellers sites and family yards and Travelling Showpeople yards, including on land not specifically allocated for this use in the LDP, should be supported where a need is identified and the proposal is otherwise consistent with the plan spatial strategy and other relevant policies, including human rights and equality. e) Development proposals for new homes will be supported where they make provision for affordable homes to meet an identified need. Proposals for market homes will only be supported where the contribution to the provision of affordable homes on a site will be at least 25% of the total number of homes, unless the LDP sets out locations or circumstances where: i. a higher contribution is justified by evidence of need, or ii. a lower contribution is justified, for example, by evidence of impact on viability, where proposals are small in scale, or to incentivise particular types of homes that are needed to diversify the supply, such as self-build or wheelchair accessible homes. The contribution is to be provided in accordance with local policy or guidance. f) Development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; iii. and either: · delivery of sites is happening earlier than identified in the deliverable housing land pipeline. This will be determined by reference to two consecutive years of the Housing Land Audit evidencing substantial delivery earlier than pipeline timescales and that general trend being sustained; or · the proposal is consistent with policy on rural homes; or · the proposal is for smaller scale opportunities within an existing settlement boundary; or · the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. g) Householder development proposals will be supported where they: i. do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii. do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. h) Householder development proposals that provide adaptations in response to risks from a changing climate, or relating to people with health conditions that lead to particular accommodation needs will be supported.
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Part 2 – National Planning Policy National Planning Framework 4 64 Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Green belts Brownfield, vacant and derelict land and empty buildings Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Heat and cooling Blue and green infrastructure Play, recreation and sport Rural homes Health and safety City, town, local and commercial centres
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Part 2 – National Planning Policy National Planning Framework 4 65 Rural homes Policy Principles Policy Intent: To encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. Policy Outcomes: • Improved choice of homes across tenures so that identified local needs of people and communities in rural and island areas are met. • Homes are provided that support sustainable rural communities and are linked with service provision. • The distinctive character, sense of place and natural and cultural assets of rural areas are safeguarded and enhanced. Local Development Plans: LDPs should be informed by an understanding of population change over time, locally specific needs and market circumstances in rural and island areas. LDPs should set out tailored approaches to rural housing and where relevant include proposals for future population growth – including provision for small-scale housing such as crofts and woodland crofts and the appropriate resettlement of previously inhabited areas. The Scottish Government’s 6 fold Urban Rural Classification 2020 should be used to identify remote rural areas. Plans should reflect locally appropriate delivery approaches. Previously inhabited areas that are suitable for resettlement should be identified in the spatial strategy. Policy 17 a) Development proposals for new homes in rural areas will be supported where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development: i. is on a site allocated for housing within the LDP; ii. reuses brownfield land where a return to a natural state has not or will not happen without intervention; iii. reuses a redundant or unused building; iv. is an appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; v. is demonstrated to be necessary to support the sustainable management of a viable rural business or croft, and there is an essential need for a worker (including those taking majority control of a farm business) to live permanently at or near their place of work; vi. is for a single home for the retirement succession of a viable farm holding; vii. is for the subdivision of an existing residential dwelling; the scale of which is in keeping with the character and infrastructure provision in the area; or viii. reinstates a former dwelling house or is a one-for-one replacement of an existing permanent house. b) Development proposals for new homes in rural areas will consider how the development will contribute towards local living and take into account identified local housing needs (including affordable housing), economic considerations and the transport needs of the development as appropriate for the rural location. c) Development proposals for new homes in remote rural areas will be supported where the proposal: i. supports and sustains existing fragile communities; ii. supports identified local housing outcomes; and
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Part 2 – National Planning Policy National Planning Framework 4 66 iii. is suitable in terms of location, access, and environmental impact. d) Development proposals for new homes that support the resettlement of previously inhabited areas will be supported where the proposal: i. is in an area identified in the LDP as suitable for resettlement; ii. is designed to a high standard; iii. responds to its rural location; and iv. is designed to minimise greenhouse gas emissions as far as possible. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Historic assets and places Green belts Brownfield, vacant and derelict land and empty buildings Coastal development Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes City, town, local and commercial centres Rural development Tourism
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Part 2 – National Planning Policy National Planning Framework 4 67 Infrastructure first Policy Principles Policy Intent: To encourage, promote and facilitate an infrastructure first approach to land use planning, which puts infrastructure considerations at the heart of placemaking. Policy Outcomes: • Infrastructure considerations are integral to development planning and decision making and potential impacts on infrastructure and infrastructure needs are understood early in the development planning process as part of an evidenced based approach. • Existing infrastructure assets are used sustainably, prioritising low-carbon solutions. • Infrastructure requirements, and their planned delivery to meet the needs of communities, are clear. Local Development Plans: LDPs and delivery programmes should be based on an integrated infrastructure first approach. Plans should: • be informed by evidence on infrastructure capacity, condition, needs and deliverability within the plan area, including cross boundary infrastructure; • set out the infrastructure requirements to deliver the spatial strategy, informed by the evidence base, identifying the infrastructure priorities, and where, how, when and by whom they will be delivered; and • indicate the type, level (or method of calculation) and location of the financial or in-kind contributions, and the types of development from which they will be required. Plans should align with relevant national, regional and local infrastructure plans and policies and take account of the Scottish Government infrastructure investment hierarchy and sustainable travel and investment hierarchies in developing the spatial strategy. Consistent early engagement and collaboration between relevant stakeholders will better inform decisions on land use and investment. Policy 18 a) Development proposals which provide (or contribute to) infrastructure in line with that identified as necessary in LDPs and their delivery programmes will be supported. b) The impacts of development proposals on infrastructure should be mitigated. Development proposals will only be supported where it can be demonstrated that provision is made to address the impacts on infrastructure. Where planning conditions, planning obligations, or other legal agreements are to be used, the relevant tests will apply. Where planning obligations are entered into, they should meet the following tests: – be necessary to make the proposed development acceptable in planning terms – serve a planning purpose – relate to the impacts of the proposed development – fairly and reasonably relate in scale and kind to the proposed development – be reasonable in all other respects Planning conditions should only be imposed where they meet all of the following tests. They should be: – necessary – relevant to planning – relevant to the development to be permitted – enforceable – precise – reasonable in all other respects
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Part 2 – National Planning Policy National Planning Framework 4 68 Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Brownfield, vacant and derelict land and empty buildings Energy Zero waste Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Heat and cooling Quality homes Rural homes Blue and green infrastructure Play, recreation and sport Flood risk and water management Health and safety Digital infrastructure Business and industry City, town, local and commercial centres Rural development
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Part 2 – National Planning Policy National Planning Framework 4 69 Heat and cooling Policy Principles Policy Intent: To encourage, promote and facilitate development that supports decarbonised solutions to heat and cooling demand and ensure adaptation to more extreme temperatures. Policy Outcomes: • Development is connected to expanded heat networks which use and store heat from low or zero emission sources. • Buildings and places are adapted to more extreme temperatures. Local Development Plans: LDPs should take into account the area’s Local Heat & Energy Efficiency Strategy (LHEES). The spatial strategy should take into account areas of heat network potential and any designated Heat Network Zones (HNZ). Policy 19 a) Development proposals within or adjacent to a Heat Network Zone identified in a LDP will only be supported where they are designed and constructed to connect to the existing heat network. b) Proposals for retrofitting a connection to a heat network will be supported. c) Where a heat network is planned but not yet in place, development proposals will only be supported where they are designed and constructed to allow for cost-effective connection at a later date. d) National and major developments that will generate waste or surplus heat and which are located in areas of heat demand, will be supported providing wider considerations, including residential amenity, are not adversely impacted. A Heat and Power Plan should demonstrate how energy recovered from the development will be used to produce electricity and heat. e) Development proposals for energy infrastructure will be supported where they: i. repurpose former fossil fuel infrastructure for the production or handling of low carbon energy; ii. are within or adjacent to a Heat Network Zone; and iii. can be cost-effectively linked to an existing or planned heat network. f) Development proposals for buildings that will be occupied by people will be supported where they are designed to promote sustainable temperature management, for example by prioritising natural or passive solutions such as siting, orientation, and materials. Policy impact: Just Transition Conserving and recycling assets Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Energy Zero waste Infrastructure first Blue and green infrastructure Business and industry
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Part 2 – National Planning Policy National Planning Framework 4 70 Blue and green infrastructure Policy Principles Policy Intent: To protect and enhance blue and green infrastructure and their networks. Policy Outcomes: • Blue and green infrastructure are an integral part of early design and development processes; are designed to deliver multiple functions including climate mitigation, nature restoration, biodiversity enhancement, flood prevention and water management. • Communities benefit from accessible, high quality blue, green and civic spaces. Local Development Plans: LDPs should be informed by relevant, up-to- date audits and/or strategies, covering the multiple functions and benefits of blue and green infrastructure. The spatial strategy should identify and protect blue and green infrastructure assets and networks; enhance and expand existing provision including new blue and/or green infrastructure. This may include retrofitting. Priorities for connectivity to other blue and/or green infrastructure assets, including to address cross-boundary needs and opportunities, should also be identified. LDPs should encourage the permanent or temporary use of unused or under-used land as green infrastructure. Where this is temporary, this should not prevent future development potential from being realised. LDPs should safeguard access rights and core paths, including active travel routes, and encourage new and enhanced opportunities for access linked to wider networks. Policy 20 a) Development proposals that result in fragmentation or net loss of existing blue and green infrastructure will only be supported where it can be demonstrated that the proposal would not result in or exacerbate a deficit in blue or green infrastructure provision, and the overall integrity of the network will be maintained. The planning authority’s Open Space Strategy should inform this. b) Development proposals for or incorporating new or enhanced blue and/or green infrastructure will be supported. Where appropriate, this will be an integral element of the design that responds to local circumstances. Design will take account of existing provision, new requirements and network connections (identified in relevant strategies such as the Open Space Strategies) to ensure the proposed blue and/or green infrastructure is of an appropriate type(s), quantity, quality and accessibility and is designed to be multi- functional and well integrated into the overall proposals. c) Development proposals in regional and country parks will only be supported where they are compatible with the uses, natural habitats, and character of the park. d) Development proposals for temporary open space or green space on unused or under- used land will be supported. e) Development proposals that include new or enhanced blue and/or green infrastructure will provide effective management and maintenance plans covering the funding arrangements for their long-term delivery and upkeep, and the party or parties responsible for these.
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Part 2 – National Planning Policy National Planning Framework 4 71 Policy impact: Just Transition Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Soils Forestry, woodland and trees Historic assets and places Green belts Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Heat and cooling Quality homes Play, recreation and sport Flood risk and water management Health and safety City, town, local and commercial centres Rural development
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Part 2 – National Planning Policy National Planning Framework 4 72 Play, recreation and sport Policy Principles Policy Intent: To encourage, promote and facilitate spaces and opportunities for play, recreation and sport. Policy Outcomes: • Natural and built environments are improved, with more equitable access to opportunities for play and recreation. • Physical and mental health are improved through provision of, and access to, outdoor recreation, play and sport facilities. Local Development Plans: LDPs should identify sites for sports, play and outdoor recreation for people of all ages. This should be based on an understanding of the needs and demand in the community and informed by the planning authority’s Play Sufficiency Assessment and Open Space Strategy. These spaces can be incorporated as part of enhancing and expanding blue and green infrastructure, taking account of relevant agencies’ plans or policy frameworks, such as flood risk and/or water management plans. New provisions should be well-designed, high quality, accessible and inclusive. Policy 21 a) Development proposals which result in the loss of outdoor sports facilities will only be supported where the proposal: i. is ancillary to the principal use of the site as an outdoor sports facility; or ii. involves only a minor part of the facility and would not affect its use; or iii. meets a requirement to replace the facility which would be lost, either by a new facility or by upgrading an existing facility to provide a better quality facility. The location will be convenient for users and the overall playing capacity of the area will be maintained; or iv. can demonstrate that there is a clear excess of provision to meet current and anticipated demand in the area, and that the site would be developed without detriment to the overall quality of provision. This should be informed by the local authority’s Open Space Strategy and/or Play Sufficiency Assessment and in consultation with sportscotland where appropriate. b) Development proposals that result in the quantitative and/or qualitative loss of children’s outdoor play provision, will only be supported where it can be demonstrated that there is no ongoing or future demand or the existing play provision will be replaced by a newly created, or improved existing asset, that is better quality or more appropriate. This should be informed by the planning authority’s Play Sufficiency Assessment. c) Development proposals for temporary or informal play space on unused or underused land will be supported. d) Development proposals likely to be occupied or used by children and young people will be supported where they incorporate well- designed, good quality provision for play, recreation, and relaxation that is proportionate to the scale and nature of the development and existing provision in the area. e) Development proposals that include new streets and public realm should be inclusive and enable children and young people to play and move around safely and independently, maximising opportunities for informal and incidental play in the neighbourhood. f) New, replacement or improved play provision will, as far as possible and as appropriate: i. provide stimulating environments; ii. provide a range of play experiences including opportunities to connect with nature; iii. be inclusive; iv. be suitable for different ages of children and young people; v. be easily and safely accessible by children and young people independently, including those with a disability;
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Part 2 – National Planning Policy National Planning Framework 4 73 vi. incorporate trees and/or other forms of greenery; vii. form an integral part of the surrounding neighbourhood; viii. be well overlooked for passive surveillance; ix. be linked directly to other open spaces and play areas. g) Development proposals that include new or enhanced play or sport facilities will provide effective management and maintenance plans covering the funding arrangements for their long-term delivery and upkeep, and the party or parties responsible for these. Policy impact: Just Transition Compact urban growth Local living Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Natural places Forestry, woodland and trees Historic assets and places Green belts Brownfield, vacant and derelict land and empty buildings Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Rural homes Blue and green infrastructure Flood risk and water management Health and safety City, town, local and commercial centres Culture and creativity
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Part 2 – National Planning Policy National Planning Framework 4 74 Flood risk and water management Policy Principles Policy Intent: To strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Policy Outcomes: • Places are resilient to current and future flood risk. • Water resources are used efficiently and sustainably. • Wider use of natural flood risk management benefits people and nature. Local Development Plans: LDPs should strengthen community resilience to the current and future impacts of climate change, by avoiding development in areas at flood risk as a first principle. Resilience should also be supported by managing the need to bring previously used sites in built up areas into positive use; planning for adaptation measures; and identifying opportunities to implement improvements to the water environment through natural flood risk management and blue green infrastructure. Plans should take into account the probability of flooding from all sources and make use of relevant flood risk and river basin management plans for the area. A precautionary approach should be taken, regarding the calculated probability of flooding as a best estimate, not a precise forecast. For areas where climate change is likely to result in increased flood exposure that becomes unmanageable, consideration should be given to alternative sustainable land use. Policy 22 a) Development proposals at risk of flooding or in a flood risk area will only be supported if they are for: i. essential infrastructure where the location is required for operational reasons; ii. water compatible uses; iii. redevelopment of an existing building or site for an equal or less vulnerable use; or. iv. redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long- term safety and resilience can be secured in accordance with relevant SEPA advice. The protection offered by an existing formal flood protection scheme or one under construction can be taken into account when determining flood risk. In such cases, it will be demonstrated by the applicant that: • all risks of flooding are understood and addressed; • there is no reduction in floodplain capacity, increased risk for others, or a need for future flood protection schemes; • the development remains safe and operational during floods; • flood resistant and resilient materials and construction methods are used; and • future adaptations can be made to accommodate the effects of climate change. Additionally, for development proposals meeting criteria part iv), where flood risk is managed at the site rather than avoided these will also require: • the first occupied/utilised floor, and the underside of the development if relevant, to be above the flood risk level and have an additional allowance for freeboard; and • that the proposal does not create an island of development and that safe access/ egress can be achieved.
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Part 2 – National Planning Policy National Planning Framework 4 75 b) Small scale extensions and alterations to existing buildings will only be supported where they will not significantly increase flood risk. c) Development proposals will: i. not increase the risk of surface water flooding to others, or itself be at risk. ii. manage all rain and surface water through sustainable urban drainage systems (SUDS), which should form part of and integrate with proposed and existing blue- green infrastructure. All proposals should presume no surface water connection to the combined sewer; iii. seek to minimise the area of impermeable surface. d) Development proposals will be supported if they can be connected to the public water mains. If connection is not feasible, the applicant will need to demonstrate that water for drinking water purposes will be sourced from a sustainable water source that is resilient to periods of water scarcity. e) Development proposals which create, expand or enhance opportunities for natural flood risk management, including blue and green infrastructure, will be supported. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Biodiversity Green belts Coastal development Design, quality and place Infrastructure first Quality homes Blue and green infrastructure Health and safety Business and industry
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Part 2 – National Planning Policy National Planning Framework 4 76 Health and safety Policy Principles Policy Intent: To protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, promote and facilitate development that improves health and wellbeing. Policy Outcomes: • Health is improved and health inequalities are reduced. • Safe places protect human health and the environment. • A planned approach supports health infrastructure delivery. Local Development Plans: LDP spatial strategies should seek to tackle health inequalities particularly in places which are experiencing the most disadvantage. They should identify the health and social care services and infrastructure needed in the area, including potential for co-location of complementary services, in partnership with Health Boards and Health and Social Care Partnerships. LDPs should create healthier places for example through opportunities for exercise, healthier lifestyles, land for community food growing and allotments, and awareness of locations of concern for suicide. Spatial strategies should maintain appropriate distances between sites with hazardous substances and areas where the public are likely to be present and areas of particular natural sensitivity or interest. Policy 23 a) Development proposals that will have positive effects on health will be supported. This could include, for example, proposals that incorporate opportunities for exercise, community food growing or allotments. b) Development proposals which are likely to have a significant adverse effect on health will not be supported. A Health Impact Assessment may be required. c) Development proposals for health and social care facilities and infrastructure will be supported. d) Development proposals that are likely to have significant adverse effects on air quality will not be supported. Development proposals will consider opportunities to improve air quality and reduce exposure to poor air quality. An air quality assessment may be required where the nature of the proposal or the air quality in the location suggest significant effects are likely. e) Development proposals that are likely to raise unacceptable noise issues will not be supported. The agent of change principle applies to noise sensitive development. A Noise Impact Assessment may be required where the nature of the proposal or its location suggests that significant effects are likely. f) Development proposals will be designed to take into account suicide risk. g) Development proposals within the vicinity of a major accident hazard site or major accident hazard pipeline (because of the presence of toxic, highly reactive, explosive or inflammable substances) will consider the associated risks and potential impacts of the proposal and the major accident hazard site/pipeline of being located in proximity to one another. h) Applications for hazardous substances consent will consider the likely potential impacts on surrounding populations and the environment. i) Any advice from Health and Safety Executive, the Office of Nuclear Regulation or the Scottish Environment Protection Agency that planning permission or hazardous substances consent should be refused, or conditions to be attached to a grant of consent, should not be overridden by the decision maker without the most careful consideration. j) Similar considerations apply in respect of development proposals either for or near licensed explosive sites (including military explosive storage sites).
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Part 2 – National Planning Policy National Planning Framework 4 77 Policy impact: Just Transition Local living Compact urban growth Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Forestry, woodland and trees Energy Zero waste Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Heat and cooling Quality homes Blue and green infrastructure Play, recreation and sport Flood risk and water management Digital infrastructure Business and industry City, town, local and commercial centres Retail Culture and creativity Aquaculture Minerals
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Part 2 – National Planning Policy National Planning Framework 4 78 Digital infrastructure Policy Principles Policy Intent: To encourage, promote and facilitate the roll- out of digital infrastructure across Scotland to unlock the potential of all our places and the economy. Policy Outcomes: • Appropriate, universal and future proofed digital infrastructure across the country. • Local living is supported and the need to travel is reduced. Local Development Plans: LDPs should support the delivery of digital infrastructure, including fixed line and mobile connectivity, particularly in areas with gaps in connectivity and barriers to digital access. Policy 24 a) Development proposals that incorporate appropriate, universal, and future-proofed digital infrastructure will be supported. b) Development proposals that deliver new digital services or provide technological improvements, particularly in areas with no or low connectivity capacity, will be supported. c) Development proposals that are aligned with and support the delivery of local or national programmes for the roll-out of digital infrastructure will be supported. d) Development proposals that deliver new connectivity will be supported where there are benefits of this connectivity for communities and the local economy. e) Development proposals for digital infrastructure will only be supported where: i. the visual and amenity impacts of the proposed development have been minimised through careful siting, design, height, materials and, landscaping, taking into account cumulative impacts and relevant technical constraints; ii. it has been demonstrated that, before erecting a new ground based mast, the possibility of erecting antennas on an existing building, mast or other structure, replacing an existing mast and/or site sharing has been explored; and iii. there is no physical obstruction to aerodrome operations, technical sites, or existing transmitter/receiver facilities. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Natural places Green belts Zero waste Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Health and safety Community wealth building Business and industry City, town, local and commercial centres Rural development
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Part 2 – National Planning Policy National Planning Framework 4 79 Productive Places Community wealth building Policy Principles Policy Intent: To encourage, promote and facilitate a new strategic approach to economic development that also provides a practical model for building a wellbeing economy at local, regional and national levels. Policy Outcomes: • local economic development that focuses on community and place benefits as a central and primary consideration – to support local employment and supply chains. • support community ownership and management of buildings and land. Local Development Plans: LDPs should be aligned with any strategy for community wealth building for the area. Spatial strategies should address community wealth building priorities; identify community assets; set out opportunities to tackle economic disadvantage and inequality; and seek to provide benefits for local communities. Policy 25 a) Development proposals which contribute to local or regional community wealth building strategies and are consistent with local economic priorities will be supported. This could include for example improving community resilience and reducing inequalities; increasing spending within communities; ensuring the use of local supply chains and services; local job creation; supporting community led proposals, including creation of new local firms and enabling community led ownership of buildings and assets. b) Development proposals linked to community ownership and management of land will be supported. Policy impact: Just Transition Rebalanced development Rural revitalisation Key policy connections: Brownfield, vacant and derelict land and empty buildings Local Living and 20 minute neighbourhoods Business and industry
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Part 2 – National Planning Policy National Planning Framework 4 80 Business and industry Policy Principles Policy Intent: To encourage, promote and facilitate business and industry uses and to enable alternative ways of working such as home working, live- work units and micro-businesses. Policy Outcomes: • Recovery within the business and industry sector is sustainable and inclusive. • Investment in the business and industrial sector contributes to community wealth building. Local Development Plans: LDPs should allocate sufficient land for business and industry, taking into account business and industry land audits, in particular ensuring that there is a suitable range of sites that meet current market demand, location, size and quality in terms of accessibility and services. This allocation should take account of local economic strategies and support broader objectives of delivering a low carbon and net zero economic recovery, and a fairer and more inclusive wellbeing economy. Policy 26 a) Development proposals for business and industry uses on sites allocated for those uses in the LDP will be supported. b) Development proposals for home working, live-work units and micro-businesses will be supported where it is demonstrated that the scale and nature of the proposed business and building will be compatible with the surrounding area and there will be no unacceptable impacts on amenity or neighbouring uses. c) Development proposals for business and industry uses will be supported where they are compatible with the primary business function of the area. Other employment uses will be supported where they will not prejudice the primary function of the area and are compatible with the business/industrial character of the area. d) Development proposals for business, general industrial and storage and distribution uses outwith areas identified for those uses in the LDP will only be supported where: i. It is demonstrated that there are no suitable alternatives allocated in the LDP or identified in the employment land audit; and ii. The nature and scale of the activity will be compatible with the surrounding area. e) Development proposals for business and industry will take into account: i. Impact on surrounding residential amenity; sensitive uses and the natural and historic environment; ii. The need for appropriate site restoration at the end of a period of commercial use. f) Major developments for manufacturing or industry will be accompanied by a decarbonisation strategy to demonstrate how greenhouse gas emissions from the process are appropriately abated. The strategy may include carbon capture and storage. Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Health and safety Digital infrastructure Community wealth building City, town, local and commercial centres Rural development
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Part 2 – National Planning Policy National Planning Framework 4 81 City, town, local and commercial centres Policy Principles Policy Intent: To encourage, promote and facilitate development in our city and town centres, recognising they are a national asset. This will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living. Policy Outcomes: • Centres are vibrant, healthy, creative, enterprising, accessible and resilient places for people to live, learn, work, enjoy and visit. • Development is directed to the most sustainable locations that are accessible by a range of sustainable transport modes and provide communities with easy access to the goods, services and recreational opportunities they need. Local Development Plans: LDPs should support sustainable futures for city, town and local centres, in particular opportunities to enhance city and town centres. They should, where relevant, also support proposals for improving the sustainability of existing commercial centres where appropriate. LDPs should identify a network of centres that reflect the principles of 20 minute neighbourhoods and the town centre vision. LDPs should be informed by evidence on where clustering of non-retail uses may be adversely impacting on the wellbeing of communities. They should also consider, and if appropriate, identify any areas where drive-through facilities may be acceptable where they would not negatively impact on the principles of local living or sustainable travel. LDPs should provide a proportion of their Local Housing Land Requirements in city and town centres and be proactive in identifying opportunities to support residential development. Policy 27 a) Development proposals that enhance and improve the vitality and viability of city, town and local centres, including proposals that increase the mix of uses, will be supported. b) Development proposals will be consistent with the town centre first approach. Proposals for uses which will generate significant footfall, including commercial, leisure, offices, community, sport and cultural facilities, public buildings such as libraries, education and healthcare facilities, and public spaces: i. will be supported in existing city, town and local centres, and ii. will not be supported outwith those centres unless a town centre first assessment demonstrates that: • all centre and edge of centre options have been sequentially assessed and discounted as unsuitable or unavailable; • the scale of development cannot reasonably be altered or reduced in scale to allow it to be accommodated in a centre; and • the impacts on existing centres have been thoroughly assessed and there will be no significant adverse effect on the vitality and viability of the centres.
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Part 2 – National Planning Policy National Planning Framework 4 82 Town Centre First Assessment For development proposals which are out of city/town centre and which will generate significant footfall a Town Centre First Assessment will be provided. Applicants should agree the data required with the planning authority before undertaking the assessment, and should present information on areas of dispute in a succinct and comparable form. The town centre first assessment should: – identify the potential relationship of the proposed development with the network of centres identified in the LDP; – demonstrate the potential economic impact of the development and any possible displacement effects, including the net impact on jobs; and – consider supply chains and whether local suppliers and workers will be a viable option; and – the environmental impact of transporting goods and of staff and visitors travelling to the location. The town centre first assessment should be applied flexibly and realistically for community, education, health and social care and sport and leisure facilities so that they are easily accessible to the communities they are intended to serve. c) Development proposals for non-retail uses will not be supported if further provision of these services will undermine the character and amenity of the area or the health and wellbeing of communities, particularly in disadvantaged areas. These uses include: i. Hot food takeaways, including permanently sited vans; ii. Betting offices; and iii. High interest money lending premises. d) Drive-through developments will only be supported where they are specifically supported in the LDP. Town centre living e) Development proposals for residential development within city/town centres will be supported, including: i. New build residential development. ii. The re-use of a vacant building within city/ town centres where it can be demonstrated that the existing use is no longer viable and the proposed change of use adds to viability and vitality of the area. iii. The conversion, or reuse of vacant upper floors of properties within city/town centres for residential. f) Development proposals for residential use at ground floor level within city/town centres will only be supported where the proposal will: i. retain an attractive and appropriate frontage; ii. not adversely affect the vitality and viability of a shopping area or the wider centre; and iii. not result in an undesirable concentration of uses, or ‘dead frontages’. g) Development proposals for city or town centre living will take into account the residential amenity of the proposal. This must be clearly demonstrated where the proposed development is in the same built structure as: i. a hot food premises, live music venue, amusement arcade/centre, casino or licensed premises (with the exception of hotels, restaurants, cafés or off licences); and/or ii. there is a common or shared access with licenced premises or other use likely to be detrimental to residential amenity.
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Part 2 – National Planning Policy National Planning Framework 4 83 Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Historic assets and places Brownfield, vacant and derelict land and empty buildings Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Quality homes Blue and green infrastructure Play, recreation and sport Health and safety Community wealth building Business and industry Retail Rural development Tourism Culture and creativity
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Part 2 – National Planning Policy National Planning Framework 4 84 Retail Policy Principles Policy Intent: To encourage, promote and facilitate retail investment to the most sustainable locations that are most accessible by a range of sustainable transport modes. Policy Outcomes: • Retail development and the location of shops support vibrant city, town and local centres. • Communities can access the shops and goods they need by a range of sustainable transport modes including on foot, by bike, and by public transport, as part of local living. Local Development Plans: LDPs should consider where there may be a need for further retail provision, this may be: • where a retail study identifies deficiencies in retail provision in terms of quality and quantity in an area; or • when allocating sites for housing or the creation of new communities, in terms of the need for neighbourhood shopping, and supporting local living. LDPs should identify areas where proposals for healthy food and drink outlets can be supported. Policy 28 a) Development proposals for retail (including expansions and changes of use) will be consistent with the town centre first principle. This means that new retail proposals: i. will be supported in existing city, town and local centres, and ii. will be supported in edge-of-centre areas or in commercial centres if they are allocated as sites suitable for new retail development in the LDP. iii. will not be supported in out of centre locations (other than those meeting policy 28(c) or 28(d)). b) Development proposals for retail that are consistent with the sequential approach (set out in a) and click-and-collect locker pick up points, will be supported where the proposed development: i. is of an appropriate scale for the location; ii. will have an acceptable impact on the character and amenity of the area; and iii. is located to best channel footfall and activity, to benefit the place as a whole. c) Proposals for new small scale neighbourhood retail development will be supported where the proposed development: i. contributes to local living, including where relevant 20 minute neighbourhoods and/or ii. can be demonstrated to contribute to the health and wellbeing of the local community. d) In island and rural areas, development proposals for shops ancillary to other uses such as farm shops, craft shops and shops linked to petrol/service/charging stations will be supported where: i. it will serve local needs, support local living and local jobs; ii. the potential impact on nearby town and commercial centres or village/local shops is acceptable; iii. it will provide a service throughout the year; and iv. the likely impacts of traffic generation and access and parking arrangements are acceptable.
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Part 2 – National Planning Policy National Planning Framework 4 85 Policy impact: Local living Compact urban growth Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Health and safety City, town, local and commercial centres Rural development
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Part 2 – National Planning Policy National Planning Framework 4 86 Rural development Policy Principles Policy Intent: To encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. Policy Outcomes: • Rural places are vibrant and sustainable and rural communities and businesses are supported. • A balanced and sustainable rural population. Local Development Plans: LDPs should identify the characteristics of rural areas within the plan area, including the existing pattern of development, pressures, environmental assets, community priorities and economic needs of each area. The spatial strategy should set out an appropriate approach to development in rural areas which reflects the identified characteristics. The Scottish Government’s 6 fold Urban Rural Classification 2020 should be used to identify remote rural areas. Spatial strategies should support the sustainability and prosperity of rural communities and economies. Previously inhabited areas which are suitable for resettlement should be identified in the spatial strategy. Policy 29 a) Development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported, including: i. farms, crofts, woodland crofts or other land use businesses, where use of good quality land for development is minimised and business viability is not adversely affected; ii. diversification of existing businesses; iii. production and processing facilities for local produce and materials, for example sawmills, or local food production; iv. essential community services; v. essential infrastructure; vi. reuse of a redundant or unused building; vii. appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; viii. reuse of brownfield land where a return to a natural state has not or will not happen without intervention; ix. small scale developments that support new ways of working such as remote working, homeworking and community hubs; or x. improvement or restoration of the natural environment. b) Development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. They should also consider how the development will contribute towards local living and take into account the transport needs of the development as appropriate for the rural location. c) Development proposals in remote rural areas, where new development can often help to sustain fragile communities, will be supported where the proposal: i. will support local employment; ii. supports and sustains existing communities, for example through provision of digital infrastructure; and iii. is suitable in terms of location, access, siting, design and environmental impact. d) Development proposals that support the resettlement of previously inhabited areas will be supported where the proposal: i. is in an area identified in the LDP as suitable for resettlement; ii. is designed to a high standard; iii. responds to their rural location; and iv. is designed to minimise greenhouse gas emissions as far as possible.
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Part 2 – National Planning Policy National Planning Framework 4 87 Policy impact: Just Transition Conserving and recycling assets Local living Compact urban growth Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Soils Historic assets and places Green belts Brownfield, vacant and derelict land and empty buildings Coastal development Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Infrastructure first Rural homes Blue and green infrastructure Flood risk and water management Business and industry City, town, local and commercial centres Retail Tourism Culture and creativity Aquaculture Minerals
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Part 2 – National Planning Policy National Planning Framework 4 88 Tourism Policy Principles Policy Intent: To encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with our net zero and nature commitments, and inspires people to visit Scotland. Policy Outcomes: • Communities and places enjoy economic, social and cultural benefits from tourism, supporting resilience and stimulating job creation. Local Development Plans: LDPs should support the recovery, growth and long-term resilience of the tourism sector. The spatial strategy should identify suitable locations which reflect opportunities for tourism development by taking full account of the needs of communities, visitors, the industry and the environment. Relevant national and local sector driven tourism strategies should also be taken into account. The spatial strategy should also identify areas of pressure where existing tourism provision is having adverse impacts on the environment or the quality of life and health and wellbeing of local communities, and where further development is not appropriate. Policy 30 a) Development proposals for new or extended tourist facilities or accommodation, including caravan and camping sites, in locations identified in the LDP, will be supported. b) Proposals for tourism related development will take into account: i. The contribution made to the local economy; ii. Compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors; iii. Impacts on communities, for example by hindering the provision of homes and services for local people; iv. Opportunities for sustainable travel and appropriate management of parking and traffic generation and scope for sustaining public transport services particularly in rural areas; v. Accessibility for disabled people; vi. Measures taken to minimise carbon emissions; vii. Opportunities to provide access to the natural environment. c) Development proposals that involve the change of use of a tourism-related facility will only be supported where it is demonstrated that the existing use is no longer viable and that there is no requirement for alternative tourism-related facilities in the area. d) Proposals for huts will be supported where the nature and scale of the development is compatible with the surrounding area and the proposal complies with relevant good practice guidance. e) Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits.
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Part 2 – National Planning Policy National Planning Framework 4 89 Policy impact: Just Transition Conserving and recycling assets Local living Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Natural places Historic assets and places Coastal development Sustainable transport Design, quality and place Quality homes Rural homes Health and safety Community wealth building City, town, local and commercial centres Retail Rural development Culture and creativity
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Part 2 – National Planning Policy National Planning Framework 4 90 Culture and creativity Policy Principles Policy Intent: To encourage, promote and facilitate development which reflects our diverse culture and creativity, and to support our culture and creative industries. Policy Outcomes: • Locally distinctive places reflect the diversity of communities and support regeneration and town centre vibrancy. • Cultural and creative industries are expanded, providing jobs and investment. • Communities have access to cultural and creative activities. Local Development Plans: LDPs should recognise and support opportunities for jobs and investment in the creative sector, culture, heritage and the arts. Policy 31 a) Development proposals that involve a significant change to existing, or the creation of new, public open spaces will make provision for public art. Public art proposals which reflect diversity, culture and creativity will be supported. b) Development proposals for creative workspaces or other cultural uses that involve the temporary use of vacant spaces or property will be supported. c) Development proposals that would result in the loss of an arts or cultural venue will only supported where: i. there is no longer a sustainable demand for the venue and after marketing the site at a reasonable rate for at least 12 months, through relevant local and national agents and online platforms, there has been no viable interest from potential operators; or ii. the venue, as evidenced by consultation, no longer meets the needs of users and cannot be adapted; or iii. alternative provision of equal or greater standard is made available at a suitable location within the local area; and iv. the loss of the venue does not result in loss or damage to assets or objects of significant cultural value. d) Development proposals within the vicinity of existing arts venues will fully reflect the agent of change principle and will only be supported where they can demonstrate that measures can be put in place to ensure that existing noise and disturbance impacts on the proposed development would be acceptable and that existing venues and facilities can continue without additional restrictions being placed on them as a result of the proposed new development. Policy impact: Just Transition Conserving and recycling assets Local living Rebalanced development Key policy connections: Tackling the climate and nature crises Climate mitigation and adaptation Historic assets and places Brownfield, vacant and derelict land and empty buildings Zero waste Sustainable transport Design, quality and place Local Living and 20 minute neighbourhoods Blue and green infrastructure Play, recreation and sport Health and safety Digital infrastructure Community wealth building City, town, local and commercial centres Rural development Tourism
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Part 2 – National Planning Policy National Planning Framework 4 91 Aquaculture Policy Principles Policy Intent: To encourage, promote and facilitate aquaculture development and minimise any adverse effects on the environment, including cumulative impacts. Planning should support an aquaculture industry that is sustainable, diverse, competitive, economically viable and which contributes to food security, whilst operating with social licence, within environmental limits and which ensures there is a thriving marine ecosystem for future generations. Policy Outcomes: • New aquaculture development is in locations that reflect industry needs and considers environmental impacts. • Producers will contribute to communities and local economies. • Prosperous finfish, shellfish and seaweed sectors. • Migratory fish species are safeguarded. Local Development Plans: LDPs should guide new aquaculture development in line with National and Regional Marine Planning, and will minimise adverse environmental impacts, including cumulative impacts, that arise from other existing and planned aquaculture developments in the area while also reflecting industry needs. Policy 32 a) To safeguard migratory fish species, further salmon and trout open pen fish farm developments on the north and east coasts of mainland Scotland will not be supported. b) Development proposals for aquaculture will be supported where they comply with the LDP, the National Marine Plan and, where relevant, the appropriate Regional Marine Plan. c) Development proposals for fish farms will demonstrate that operational impacts (including from noise, acoustic deterrent devices (where applicable) light, access, navigation, containment, deposition, waste emissions and sea lice, impacts on wild salmonids, aquaculture litter (and odour and impacts on other marine users)) are acceptable and comply with the relevant regulatory framework. d) Development proposals for fish farm developments will only be supported where the following impacts have been assessed and mitigated: i. landscape and visual impact of the proposal including the siting and design of cages, lines and associated facilities taking into account the character of the location; ii. the impact of any land based facilities, ensuring that the siting and design are appropriate for the location; iii. impacts on natural heritage, designated sites and priority marine features; and iv. impacts on historic marine protected areas. e) Applications for open water farmed finfish or shellfish development are excluded from the requirements of policy 3b) and 3c) and will instead apply all relevant provisions from National and Regional Marine Plans. Policy impact: Just Transition Rebalanced development Rural revitalisation Key policy connections: Tackling the climate and nature crises Historic assets and places Natural places Biodiversity Coastal development Design, quality and place Health and safety Community wealth building Business and industry Rural development
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Part 2 – National Planning Policy National Planning Framework 4 92 Minerals Policy Principles Policy Intent: To support the sustainable management of resources and minimise the impacts of the extraction of minerals on communities and the environment. Policy Outcomes: • Sufficient resources are available to meet industry demands, making an essential contribution to the Scottish economy. • Important raw materials for manufacturing, construction, agriculture, and other industries are available. • Important workable mineral resources are protected from sterilisation by other developments. • Communities and the environment are protected from the impacts of mineral extraction. Local Development Plans: LDPs should support a landbank of construction aggregates of at least 10-years at all times in the relevant market areas, whilst promoting sustainable resource management, safeguarding important workable mineral resources, which are of economic or conservation value, and take steps to ensure these are not sterilised by other types of development. Policy 33 a) Development proposals that seek to explore, develop, and produce fossil fuels (excluding unconventional oil and gas) will not be supported other than in exceptional circumstances. Any such exceptions will be required to demonstrate that the proposal is consistent with national policy on energy and targets for reducing greenhouse gas emissions. b) The Scottish Government does not support the development of unconventional oil and gas in Scotland. This means development connected to the onshore exploration, appraisal or production of coal bed methane or shale oil or shale gas, using unconventional oil and gas extraction techniques, including hydraulic fracturing and dewatering for coal bed methane. c) Development proposals that would sterilise mineral deposits of economic value will only be supported where: i. there is an overriding need for the development and prior extraction of the mineral cannot reasonably be undertaken; or ii. extraction of the mineral is impracticable or unlikely to be environmentally acceptable. d) Development proposals for the sustainable extraction of minerals will only be supported where they: i. will not result in significant adverse impacts on biodiversity, geodiversity and the natural environment, sensitive habitats and the historic environment, as well as landscape and visual impacts; ii. provide an adequate buffer zone between sites and settlements taking account of the specific circumstances of individual proposals, including size, duration, location, method of working, topography, and the characteristics of the various environmental effects likely to arise; iii. can demonstrate that there are no significant adverse impacts (including cumulative impact) on any nearby homes, local communities and known sensitive receptors and designations; iv. demonstrate acceptable levels (including cumulative impact) of noise, dust, vibration and potential pollution of land, air and water; v. minimise transport impacts through the number and length of lorry trips and by using rail or water transport wherever practical; vi. have appropriate mitigation plans in place for any adverse impacts; vii. include schemes for a high standard of restoration and aftercare and commitment that such work is undertaken at the earliest opportunity. As a further
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Part 2 – National Planning Policy National Planning Framework 4 93 safeguard a range of financial guarantee options are available, and the most effective solution should be considered and agreed on a site-by-site basis. Solutions should provide assurance and clarity over the amount and period of the guarantee and in particular, where it is a bond, the risks covered (including operator failure) and the triggers for calling in a bond, including payment terms. e) Development proposals for borrow pits will only be supported where: i. the proposal is tied to a specific project and is time-limited; ii. the proposal complies with the above mineral extraction criteria taking into account the temporary nature of the development; and iii. appropriate restoration proposals are enforceable. Policy impact: Conserving and recycling assets Key policy connections: Tackling the climate and nature crises Biodiversity Natural places Historic assets and places Zero waste Infrastructure first Health and safety
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Part 3 – Annexes National Planning Framework 4 94 National Planning Framework 4 94 Annex A – How to use this document Purpose of Planning The purpose of planning is to manage the development and use of land in the long-term public interest. The decisions we make today will have implications for future generations. Scotland in 2045 will be different. We must embrace and deliver radical change so we can tackle and adapt to climate change, restore biodiversity loss, improve health and wellbeing, reduce inequalities, build a wellbeing economy and create great places. Role of the National Planning Framework Scotland 2045: our Fourth National Planning Framework, commonly known as NPF4, is required by law to set out the Scottish Ministers’ policies and proposals for the development and use of land. It plays a key role in supporting the delivery of Scotland’s national outcomes and the United Nations Sustainable Development Goals. National Performance Framework Our Purpose, Values and National Outcomes We have a globally competitive, entrepreneurial, inclusive and sustainable economy We are open, connected and make a positive contribution internationally We tackle poverty by sharing opportunities, wealth and power more equally We live in communities that are inclusive, empowered, resilient and safe We grow up loved, safe and respected so that we realise our full potential We are well educated, skilled and able to contribute to society We have thriving and innovative businesses, with quality jobs and fair work for everyone We are healthy and active We value, enjoy, protect and enhance our environment We are creative and our vibrant and diverse cultures are expressed and enjoyed widely OUR VALUES We are a society which treats all our people with kindness, dignity and compassion, respects the rule of law, and acts in an open and transparent way OUR PURPOSE To focus on creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth We respect, protect and fulfil human rights and live free from discrimination Part 3 – Annexes
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Part 3 – Annexes National Planning Framework 4 95 NPF4 includes a long-term spatial strategy to 2045. This reflects the spatial aspects of a range of Scottish Government policies, including the Infrastructure Investment Plan. The Infrastructure Investment Plan (IIP) identified that NPF4 would include housing land requirements framed within a spatial strategy that aligns with the investment programme and principles, and highlighted that national planning policies would include an infrastructure first approach. The NPF4 strategy, policies and national developments are aligned to the strategic themes of the IIP: enabling the transition to net zero emissions and environmental sustainability; driving inclusive economic growth; and building resilient and sustainable places. The policies and instruction for LDPs activate the IIP priorities within the themes to the degree that those priorities involve physical development, opportunities for people and improvements for place. Minimum All Tenure Housing Land Requirements are set out at Annex E. The investment hierarchy influences the approach to NPF4 overall and features specifically in instructions for LDPs in Policy 18 ‘Infrastructure First’. NPF4 replaces National Planning Framework 3 (2014) and Scottish Planning Policy (2014). NPF4 should be read as a whole. It represents a package of planning policies to guide us to the place we want Scotland to be in 2045. NPF4 is required by law to contribute to 6 outcomes: • Meeting the housing needs of people living in Scotland including, in particular, the housing needs for older people and disabled people, • Improving the health and wellbeing of people living in Scotland, • Increasing the population of rural areas of Scotland, • Improving equality and eliminating discrimination, • Meeting any targets relating to the reduction of emissions of greenhouse gases, and • Securing positive effects for biodiversity. Statements setting out further detail on the contribution of NPF4 to each outcome are set out in Part 1.
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Part 3 – Annexes National Planning Framework 4 96 Plan-led Approach A plan-led approach is central to supporting the delivery of Scotland’s national outcomes and broader sustainable development goals. It is a legislative requirement that planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. The statutory development plan for any given area of Scotland consists of the National Planning Framework and the relevant LDP(s). The Town and Country Planning (Scotland) Act 1997 prescribes four different plans, at different scales: National Planning Framework (NPF) The National Planning Framework sets out the Scottish Ministers’ policies and proposals for the development and use of land. The NPF must have regard to any adopted regional spatial strategy. NPF4 is part of the statutory development plan. Regional spatial strategies (RSS) The Planning (Scotland) Act 2019 introduced a new duty requiring the preparation of regional spatial strategies. A planning authority, or authorities acting jointly will prepare these long-term spatial strategies for the strategic development of an area. RSS are not part of the statutory development plan, but have an important role to play in informing future versions of the NPF and LDPs. Local development plans (LDPs) Planning authorities must prepare one or more LDPs for their area. The LDP sets out a spatial strategy for the development of that area. It must take into account the National Planning Framework and any registered local place plan in the area it covers. It must have regard to the authority’s adopted regional spatial strategy. The LDP must also have regard to any local outcomes improvement plan for the area it covers. LDPs are part of the statutory development plan. Local place plans (LPPs) Local place plans are community-led plans setting out proposals for the development and use of land. They must have regard to the NPF, any LDP which covers the same area, and also any locality plan which covers the same area. LPPs are not part of the statutory development plan, but have an important role to play in informing LDPs.
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Part 3 – Annexes National Planning Framework 4 97 Spatial Strategy Part 1 sets out our spatial strategy for Scotland to 2045, identifying: • 6 spatial principles which will influence all our plans and decisions: –Just transition –Conserving and recycling assets –Local living –Compact urban growth –Rebalanced development –Rural revitalisation • 3 themes, linked to the United Nations Sustainable Development Goals and Scottish Government National Performance Framework: –Sustainable places where we reduce emissions, restore and better connect biodiversity –Liveable places where we can all live better, healthier lives –Productive places where we have a greener, fairer and more inclusive wellbeing economy LDPs should take account of these principles and outcomes, and they should also be reflected within regional spatial strategies and local place plans. National Developments Eighteen national developments have been identified. These are significant developments of national importance that will help to deliver the spatial strategy. They are intentionally high level and focus on key elements, as the projects are at different stages. National development status does not grant planning permission for the development and all relevant consents are required. Their designation means that the principle of the development does not need to be agreed in later consenting processes, providing more certainty for communities, business and investors. Their designation is not intended to describe in detail how the projects should be designed, matters to consider, or impact assessments and mitigation to be applied. In addition to the statement of need at Annex B, decision makers for applications for consent for national developments should take into account all relevant policies. LDPs should take forward proposals for national developments where relevant and facilitate their delivery. This could be through supporting land allocations, policy intervention and LDP delivery programmes. Regional Spatial Priorities Regional spatial priorities set out how each part of the country can use their assets and opportunities to help deliver the overall strategy. The detail of these priorities should be further considered and consulted upon through the local development planning process, and where appropriate through regional spatial strategies and regional transport strategies. The maps are indicative, and certain authorities may have a role to play in more than one regional area. The broad areas identified in NPF4 are intended to act as a flexible framework to guide the preparation of future Regional Spatial Strategies. It is open to planning authorities to decide for themselves, including by working in partnership with others, the most appropriate scale and extent of areas to be covered by Regional Spatial Strategies. Statutory guidance will guide the preparation of Regional Spatial Strategies.
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Part 3 – Annexes National Planning Framework 4 98 National Planning Policy Part 2 sets out our policy framework by topic under the three themes. Planning is complex and requires careful balancing of issues. The policy intent is provided to aid plan makers and decision makers to understand the intent of each policy and to help deliver policy aspirations. The policy outcomes set out what we want to achieve and will help to influence future monitoring of the planning system. The Local Development Plan section clarifies the expected role of LDPs for each topic. The focus for LDPs should be on land allocation through the spatial strategy and interpreting this national policy in a local context. There is no need for LDPs to replicate policies within NPF4, but authorities can add further detail including locally specific policies should they consider to be a need to do so, based on the area’s individual characteristics. The policy sections are for use in the determination of planning applications. The policies should be read as a whole. Planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. It is for the decision maker to determine what weight to attach to policies on a case by case basis. Where a policy states that development will be supported, it is in principle, and it is for the decision maker to take into account all other relevant policies. The policy impact section shows which spatial principles the policy will help to deliver. The key policy connections help to show the key connections between policies, but are not intended to be comprehensive.
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Part 3 – Annexes National Planning Framework 4 99 Annex B – National Developments Statements of Need 1 Research project: Lifecycle Greenhouse Gas Emissions of NPF4 Proposed National Developments Assessment Findings (LUC 2021) available online at https://www.transformingplanning.scot/national-planning-framework/ National developments are significant developments of national importance that will help to deliver our spatial strategy. Eighteen national developments will support the delivery of our spatial strategy. These national developments range from single large scale projects or collections and networks of several smaller scale proposals. They are also intended to act as exemplars of the Place Principle and placemaking approaches. The statements of need set out in this annex are a requirement of the Town and Country Planning (Scotland) Act 1997 and describe the development to be considered as a national development for consent handling purposes. An assessment of the likely impact of each proposed national development’s lifecycle greenhouse gas emissions on achieving national greenhouse gas emissions reductions targets1 (with the meaning given in the Climate Change (Scotland) Act 2009) has been undertaken. The assessment is based on the detail provided at the time of the assessment, and the conclusion may alter depending on the nature and detail of the projects taken forward. The potential for national developments to affect European designated sites, depending on the precise design, location and construction of individual projects, has been identified by the Habitats Regulations Appraisal (HRA) of NPF4. Any such development would need to be considered carefully at project level and all relevant statutory tests met.
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Part 3 – Annexes National Planning Framework 4 100 1. Energy Innovation Development on the Islands This national development supports proposed developments in the Outer Hebrides, Shetland and Orkney island groups, for renewable energy generation, renewable hydrogen production, infrastructure and shipping, and associated opportunities in the supply chain for fabrication, research and development. Any strategy for deployment of these technologies must enable decarbonisation at pace and cannot be used to justify unsustainable levels of fossil fuel extraction or impede Scotland’s just transition to net zero. This is aligned with low carbon energy projects within the Islands Growth Deal that have been developed with local partners such as the Islands Centre for Net Zero and encompasses other projects that can facilitate net zero aims. The use of low and zero emission fuels will play a crucial role in decarbonising island and mainland energy use, shipping, strengthening energy security overall and creating a low carbon energy economy for the islands and islanders. The developments will add value where they link into national and international energy expertise, learning and research and development networks. Location Outer Hebrides, Shetland, Orkney and surrounding waters. Need These classes of development support the potential of the three island authorities to exemplify a transition to a net zero society. This will support delivery of our spatial strategy by helping to sustain communities in rural and island areas by stimulating employment and innovation. Designation and classes of development A development contributing to ‘Energy Innovation Development on the Islands’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: Outer Hebrides – Supporting the Arnish Renewables Base and Outer Hebrides Energy Hub The classes below apply to development that is for delivery of the Arnish Renewables Base and Outer Hebrides Energy Hub: a) New or updated on and/or off shore infrastructure for energy generation from renewables exceeding 50 megawatts capacity; b) Electricity transmission cables and converter stations on and/or off shore of 132 kilovolts (kv) and above; c) Infrastructure for the production, storage and transportation of low and zero-carbon fuels (that are not electricity or heat) including renewable hydrogen; and hydrogen production related chemicals including ammonia with appropriate carbon capture linked to transport and storage infrastructure; d) Improved oil storage infrastructure for Stornoway, with appropriate emissions abatement; and e) Quay to service renewable energy, energy transportation, energy decommissioning, fabrication or freight handling, including new or enhanced associated laydown or operational area at Arnish.
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Part 3 – Annexes National Planning Framework 4 101 Shetland Islands – Supporting the Opportunity for Renewable Integration with Offshore Networks (ORION) Clean Energy Project The classes below apply to development that is for delivery of renewable and low carbon aspects of the ORION project: a) New or updated on and/or off shore infrastructure for energy generation from renewables exceeding 50 megawatts capacity; b) Electricity transmission cables and converter stations on and/or off shore of/or exceeding 132kv; c) Infrastructure for the production, storage and transportation of low and zero-carbon fuels (that are not electricity or heat) including renewable hydrogen; and hydrogen production related chemicals including ammonia with appropriate carbon capture linked to transport, storage, and utilisation infrastructure at Sullom Voe; d) Quay to service renewable energy, energy transportation, energy decommissioning, fabrication or freight handling, including new or enhanced associated laydown or operational area at Sullom Voe, Scatsta, Lerwick, and Dales Voe (Lerwick); e) Oil terminal modifications at Sullom Voe to maintain asset use moving towards net zero emissions; and f) New infrastructure, and/or upgraded buildings and facilities to support the transportation and storage of captured carbon. Orkney Islands – Supporting Scapa Flow Future Fuels Hub and Orkney Harbours The classes below apply to development that is for the delivery of the Future Fuels Hub, new quay in Scapa Flow, and the Orkney Logistics Base at Hatston, which support services for the renewable and marine energy and shipping sectors: a) New or updated on and/or off shore infrastructure for energy generation from renewables exceeding 50 megawatts capacity; b) Electricity transmission cables and converter stations on and/or off shore of 132kv and above; c) Infrastructure for the production, storage and transportation of low and zero-carbon fuels (that are not electricity or heat) including renewable hydrogen; and hydrogen production related chemicals including ammonia with appropriate carbon capture linked to transport and storage infrastructure; d) Quay to service renewable energy, energy transportation, energy decommissioning, fabrication or freight handling, including new or enhanced associated laydown or operational area at, Scapa Flow, and Hatston (Kirkwall); and e) Oil terminal modifications at Scapa Flow to maintain asset use moving towards net zero emissions. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Rebalanced development Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 102 2. Pumped Hydro Storage This national development will play a significant role in balancing and optimising electricity generation and maintaining the operability of the electricity system as part of our transition to net zero. This is necessary as we continue to move towards a decarbonised system with much more renewable generation, the output from which is defined by weather conditions. This national development supports additional capacity at existing sites as well as at new sites. Cruachan in Argyll is a nationally important example of a pumped storage facility with significant potential for enhanced capacity that could create significant jobs in a rural location. Location All Scotland. Need This national development supports pumped hydro storage capacity within the electricity network through significant new or expanded sites. This supports the transition to a net zero economy through the ability of pumped hydro storage schemes to optimise electricity generated from renewables by storing and releasing it when it is required. Designation and classes of development A development contributing to ‘Pumped Hydro Storage’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) New and/or expanded and/or upgraded water holding reservoir and dam; b) New and/or upgraded electricity generating plant structures or buildings; c) New and/or upgraded pump plant structures or buildings; d) New and/or expanded and/or upgraded water inlet and outlet pipework; e) New and/or upgraded substations and/or transformers; and f) New and/or replacement transmission cables. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Rebalanced development Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 103 3. Strategic Renewable Electricity Generation and Transmission Infrastructure This national development supports renewable electricity generation, repowering, and expansion of the electricity grid. A large and rapid increase in electricity generation from renewable sources will be essential for Scotland to meet its net zero emissions targets. Certain types of renewable electricity generation will also be required, which will include energy storage technology and capacity, to provide the vital services, including flexible response, that a zero carbon network will require. Generation is for domestic consumption as well as for export to the UK and beyond, with new capacity helping to decarbonise heat, transport and industrial energy demand. This has the potential to support jobs and business investment, with wider economic benefits. The electricity transmission grid will need substantial reinforcement including the addition of new infrastructure to connect and transmit the output from new on and offshore capacity to consumers in Scotland, the rest of the UK and beyond. Delivery of this national development will be informed by market, policy and regulatory developments and decisions. Location All Scotland. Need Additional electricity generation from renewables and electricity transmission capacity of scale is fundamental to achieving a net zero economy and supports improved network resilience in rural and island areas. Island transmission connections in particular can facilitate capturing the significant renewable energy potential in those areas as well as delivering significant social and economic benefits. Designation and classes of development A development contributing to ‘Strategic Renewable Electricity Generation and Transmission’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) On and off shore electricity generation, including electricity storage, from renewables exceeding 50 megawatts capacity; b) New and/or replacement upgraded on and offshore high voltage electricity transmission lines, cables and interconnectors of 132kv or more; and c) New and/or upgraded Infrastructure directly supporting on and offshore high voltage electricity lines, cables and interconnectors including converter stations, switching stations and substations. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Local Living Rebalanced development Conserving and recycling assets Just transition
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Part 3 – Annexes National Planning Framework 4 104 4. Circular Economy Materials Management Facilities This national development supports the development of facilities required to achieve a circular economy. This sector will provide a range of business, skills and employment opportunities as part of a just transition to a net zero economy. The range and scale of facilities required to manage secondary materials and their circulation back into the economy is not yet clear. However, sites and facilities will be needed to retain the resource value of materials so that we can maximise the use of materials in the economy and minimise the use of virgin materials in order to reduce greenhouse gas emissions. This is particularly significant for the construction and demolition industries and decommissioning industry. Careful assessment of specific proposals will be required to ensure they provide sustainable low carbon solutions, include appropriate controls, manage any emissions and mitigate localised impacts including on neighbouring communities and the wider environment. Location All Scotland. Need This national development helps maximise Scotland’s potential to retain the energy and emissions values within materials already in the economy. Designation and classes of development A development contributing to ‘Circular Economy Materials Management Facilities’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’ is designated a national development: a) Facilities for managing secondary materials; and b) Recycling facilities. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Local Living Conserving and recycling assets Just transition
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Part 3 – Annexes National Planning Framework 4 105 5. Urban Sustainable, Blue and Green Surface Water Management Solutions This national development aims to build on the benefits of the Metropolitan Glasgow Strategic Drainage Partnership, to continue investment and extend the approach to the Edinburgh city region. Our biggest cities and their regions will require improved infrastructure to ensure they are more resilient to climate change. A strategic, catchment scale approach to adaptation through surface water and drainage infrastructure investment will reduce impacts and risks for our urban population and is an example of an infrastructure first approach. Catchment scale nature-based solutions which may include blue and green infrastructure should be prioritised. Grey infrastructure should be optimised and only used when necessary to augment blue- green infrastructure solutions. Delivery of multiple climate, wellbeing and economic benefits should form the basis of the approach. Whilst this national development focuses on Edinburgh and Glasgow other cities and towns may benefit from similar approaches. Location Glasgow and Edinburgh City Regions and their wider water catchment areas. Need A large proportion of our population lives in our largest cities. The management of surface water drainage at scale across these city regions will help us to adapt to extreme weather events that will become more frequent as a result of climate change. A nature-based approach to surface water management has the potential to deliver multiple health, wellbeing, economic and climate adaptation and emissions reduction benefits and it may free up sewer capacity. Designation and classes of development A development contributing to ‘Urban Sustainable, Blue and Green Surface Water Management Solutions’ in the location described, within the Class of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’ is designated a national development: a) Spaces, infrastructure, works, structures, buildings, pipelines, and nature-based approaches, for surface water management and drainage systems. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 106 6. Urban Mass/Rapid Transit Networks This national development supports low carbon mass/rapid transit projects for Aberdeen, Edinburgh and Glasgow. To reduce transport emissions at scale, we will require low carbon transport solutions for these three major cities that can support transformational reduction in private car use. Development of the Glasgow ‘Metro’ and Edinburgh Mass Transit in these cities and their associated regions plus the Aberdeen Rapid Transit system are recommendations from the Strategic Transport Projects Review 2. This will support placemaking and deliver improved transport equity across the most densely populated parts of Scotland, improving access to employment and supporting sustainable investment in the longer term. It can function as part of a broader transport network that includes active travel, and this places importance on multi-modal hubs or transport interchange points. The type of interventions will be determined through the on-going development of business cases and studies but could include the provision of new systems or extensions to existing sustainable and public transport networks. Location Aberdeen, Glasgow and Edinburgh City Regions. Need This national development will help reduce transport related emissions overall, improve air quality, reduce the demand for private vehicle use, support the roll out of 20 minute neighbourhoods and improve transport equity. Designation and classes of development A development contributing to ‘Urban Mass/ Rapid Transit Networks’ in the location described, within one or more of the Classes of Development below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’ is designated a national development. This relates to development supported by the Strategic Transport Projects Review 2 consisting of new or upgraded: a) Track or road infrastructure; b) Fuelling or power infrastructure; c) Passenger facilities; and d) Depots servicing the networks. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Conserving and recycling assets Just transition
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Part 3 – Annexes National Planning Framework 4 107 7. Central Scotland Green Network This national development is one of Europe’s largest and most ambitious green infrastructure projects. It will play a key role in tackling the challenges of climate change and biodiversity loss including by building and strengthening nature networks. A greener approach to development will improve placemaking, can contribute to the roll-out of 20 minute neighbourhoods and will benefit biodiversity connectivity. This has particular relevance in the more urban parts of Scotland where there is pressure for development as well as significant areas requiring regeneration to address past decline and disadvantage. Regeneration, repurposing and reuse of brownfield land should be a priority. Priorities include enhancement to provide multi-functional green and blue infrastructure that provides greatest environmental, lifelong physical and mental health, social wellbeing and economic benefits. It focuses on those areas where greening and development can be mutually supportive, helping to improve equity of access to quality green and blue space, and supporting communities where improving wellbeing and resilience is most needed, including to help people adapt to future climate risks. Nature-based solutions for climate change adaptation and mitigation may include woodland expansion and peatland restoration as a priority. The connectivity of biodiversity rich areas may be enhanced through nature networks, including corridors and stepping stones to provide enhanced natural capital and improved ecosystem services. Location Central Scotland local authorities within a boundary identified by the Green Action Trust. Need This national development is needed to improve quality of place and create new opportunities for investment. This will support delivery of our spatial strategy which highlights the importance of accelerating urban greening in this most densely populated part of Scotland. Designation and classes of development A development contributing to ‘Central Scotland Green Network’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) Development to create and/or enhance multi- functional green infrastructure including for: emissions sequestration; adaptation to climate change; and biodiversity enhancement; b) Reuse of vacant and derelict land and buildings for greening and nature-based solutions; c) New and/or upgraded sustainable surface water management and drainage systems and the creation of blue space; d) Use of land for allotments or community food growing; and e) Routes for active travel and/or recreation. Lifecycle Greenhouse Gas Emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Rebalanced development Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 108 8. National Walking, Cycling and Wheeling Network This national development facilitates the shift from vehicles to walking, cycling and wheeling for everyday journeys contributing to reducing greenhouse gas emissions from transport and is highly beneficial for health and wellbeing. The upgrading and provision of additional active travel infrastructure will be fundamental to the development of a sustainable travel network providing access to settlements, key services and amenities, employment and multi- modal hubs. Infrastructure investment should be prioritised for locations where it will achieve our National Transport Strategy 2 priorities and outcomes, to reduce inequalities, take climate action, help deliver a wellbeing economy and to improve health and wellbeing. This will help to deliver great places to live and work, including through connecting neighbourhoods, villages and towns, active freeways and long distance routes. Location All Scotland. Need Reducing the need to travel unsustainably is the highest priority in the sustainable transport investment hierarchy. This national development will significantly support modal shift and deliver multiple outcomes including our commitment to a 20% reduction in car kilometres by 2030, associated emissions reduction, health and air quality improvement. This will support the delivery of our spatial strategy by creating a more sustainable distribution of access across Scotland as a whole. Designation and classes of development A development contributing to ‘National Walking, Cycling and Wheeling Network’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’ is designated a national development: a) New/and or upgraded routes suitable for a range of users for walking, cycling and wheeling that help create a national network that facilitates short and longer distance journeys and linkages to multi-modal hubs. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Rebalanced development Just transition
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Part 3 – Annexes National Planning Framework 4 109 9. Edinburgh Waterfront This national development supports the regeneration of strategic sites along the Forth Waterfront in Edinburgh. The waterfront is a strategic asset that contributes to the city’s character and sense of place and includes significant opportunities for a wide range of future developments. Development will include high quality mixed use proposals that optimise the use of the strategic asset for residential, community, commercial and industrial purposes, including support for off- shore energy relating to port uses. Further cruise activity should take into account the need to manage impacts on transport infrastructure. This will help maintain and grow Edinburgh’s position as a capital city and commercial centre with a high quality and accessible living environment. Development locations and design will need to address future resilience to the risks from climate change, impact on health inequalities, and the potential to incorporate green and blue infrastructure. Location Leith to Granton. Need Waterfronts in our largest urban areas are frequently under-utilised and contain significant areas of brownfield land as well as existing infrastructure assets. Their location may be particularly vulnerable to climate change and likely risks will require careful management. This will support delivery of our spatial strategy, which recognises the importance of our urban coastline in supporting our sense of place, economy and wellbeing. Designation and classes of development A development contributing to ‘Edinburgh Waterfront’ in the location described, within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) New and/or upgraded buildings for mixed use and/or residential development; b) New and/or upgraded buildings for commercial, industrial, business use; c) New and/or upgraded utilities; d) New and/or upgraded green and blue infrastructure; e) New and/or upgraded active and sustainable travel routes; and f) New and/or upgraded port facilities for vessel berthing and related landside activities including for lay-down, and marine sector services. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Rebalanced development Conserving and recycling assets Just transition
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Part 3 – Annexes National Planning Framework 4 110 10. Dundee Waterfront This national development supports the redevelopment of the Dundee Waterfront Zones including: the Central Waterfront, Seabraes, City Quay, Dundee Port, Riverside Business Area and Nature Park, and the Michelin Scotland Innovation Parc. Continued delivery of the waterfront transformation is crucial to securing the role of the city as a location for investment in the net zero economy. Supporting population growth alongside economic opportunities, and skills and career development, is important in continuing to demonstrate the sustainability of urban living in Scotland and a just transition to the net zero economy. Further projects associated with this include: the Michelin Scotland Innovation Parc which will become an innovation hub for net zero emission mobility; the Eden Project; and an improvement of facilities at Dundee Port. This national development includes reusing land on and around the Dundee Waterfront to support the lifelong health and wellbeing of communities, deliver innovation and attract investment. As the development progresses it will be important to support sustainable and active transport options and to build in adaptation to future climate risks. Location Dundee Waterfront zones: Central Waterfront, Seabraes, City Quay, Dundee Port, Riverside Business Area and Riverside Nature Park; Michelin Scotland Innovation Parc. Need This national development supports the continued revitalisation of Dundee Waterfront, expanded to include Michelin Scotland Innovation Parc in support of the Tay Cities Region Economic Strategy and its continued use for economic purposes. Waterfront locations may be particularly vulnerable to climate change and so development requires to be carefully designed to manage likely risks. Designation and classes of development A development contributing to ‘Dundee Waterfront’ in the location described, within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’ is designated a national development: a) New and/or upgraded buildings for mixed use and/or residential development; b) New and/or upgraded buildings for commercial, industrial, business, storage, distribution, research, educational, and/or tourism use; c) New and/or upgraded utilities; d) New and/or upgraded active and sustainable travel routes; e) New and/or upgraded port facilities for vessel berthing and related landside activities including for lay-down, freight handling and marine sector services; and f) New and/or upgraded green and blue infrastructure. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Rebalanced development Conserving and recycling assets Just transition
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Part 3 – Annexes National Planning Framework 4 111 11. Stranraer Gateway This national development supports the regeneration of Stranraer. Stranraer is a gateway town. It is located close to Cairnryan, a key port connecting Scotland to Northern Ireland, Ireland and beyond to wider markets. High quality place-based regeneration will help address socio-economic inequalities in Stranraer and to support the wider population of south west Scotland by acting as a hub and providing a platform for future investment. This will be supported by any strategic transport interventions including road and rail that emerge from the second Strategic Transport Projects Review which embeds the National Transport Strategy’s sustainable travel and investment hierarchies. Location Stranraer and associated transport routes. Need Loch Ryan and Stranraer act as a gateway to Scotland. Reusing the assets in this location will support the wellbeing, economy and community in line with the regional growth deal. It will help to deliver our spatial strategy by driving forward regeneration of a key hub. Designation and classes of development A development contributing to ‘Stranraer Gateway’ in the location described within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) Development contributing to Stranraer Waterfront regeneration; b) Marina expansion; c) Redevelopment of Stranraer harbour east pier; d) Sustainable, road, rail and freight infrastructure for access to Stranraer and/or Cairnryan; e) New and/or upgraded infrastructure for the transportation and use of low carbon fuels; and f) Reuse of vacant and derelict buildings and brownfield land, including regeneration of Blackparks industrial estate. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Rebalanced development Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 112 12. Digital Fibre Network This national development supports the continued roll-out of world-class broadband across Scotland. Our strategy requires enhanced digital connectivity to provide high speed broadband or equivalent mobile services, prioritising those areas with weaker networks as part of the Reaching 100% (R100) programme and Project Gigabit, including urban, island specific and rural enhancements. This is a significant utility including 4G and 5G mobile infrastructure facilitating home based working, renewable energy development, rural repopulation and access to services. The data transmission network can also support the availability and use of ‘big data.’ Digital capability is a feature of a number of City Region and Growth Deals. Opportunities should be taken to deliver the infrastructure as part of other infrastructure upgrades or installation works such as energy transmission, transportation, and travel networks where appropriate. Location All Scotland. Need This is a fundamentally important utility, required to support development, community wellbeing, equal access to goods and services, and emissions reduction from reduced demand for travel. This will help to deliver our spatial strategy by complementing a new emphasis of living locally, and by helping to sustain and grow rural and island communities. Designation and classes of development A development contributing to ‘Digital Fibre Network’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) Installation of new and/or upgraded broadband cabling on land and sub-sea for fixed line and mobile networks; and b) Green data centres. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall negligible impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Local living Rebalanced development Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 113 13. Clyde Mission This national development is a national, place- based Mission to make the Clyde an engine of economic success for Glasgow, the city region and Scotland. The Clyde Mission is focused on the River Clyde and the riverside from South Lanarkshire in the east to Inverclyde and Argyll and Bute in the west and focusing on an area up to around 500 metres from the river edge. This footprint includes the parts of the Clyde Gateway, River Clyde Waterfront, North Clyde River Bank and River Clyde Corridor frameworks, and Glasgow Riverside Innovation District. Across this area significant land assets are under-utilised, and longstanding inequality, in relation to poor environment and health outcomes require to be tackled as a national priority. An ambitious redevelopment programme is being taken forward under Five Missions. It is a collective, cross-sector effort and partnership working will help bring forward assets and sites that are ready for redevelopment to sustain a range of uses. This will repurpose and reinvigorate brownfield and supporting local living as well as adapting the area to the impacts of climate change, where nature-based solutions would be particularly supported. Location The river and land immediately next to it (up to around 500 metres from the river) along its length. Need These classes of development revitalise a major waterfront asset which is currently under-utilised. This will support the delivery of our spatial strategy by attracting investment and reuse of brownfield land in west central Scotland where there is a particular need to improve quality of place, generate employment and support disadvantaged communities. It will also support adaptation to climate risks. Designation and classes of development A development contributing to ‘Clyde Mission’ in the location described, within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) Mixed use, which may include residential, redevelopment of brownfield land; b) New, reused and/or upgraded buildings and facilities for residential, commercial, business and industrial uses on brownfield land; c) Upgrade of existing port and harbour assets for servicing marine functions including freight and cruise uses and associated landside commercial and/or industrial land for supporting services; d) New and/or upgraded active and sustainable travel and recreation routes and infrastructure; and e) New and/or upgraded infrastructure for climate adaptation, including nature-based, green and blue solutions. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net negative impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Rebalanced development Conserving and recycling assets
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Part 3 – Annexes National Planning Framework 4 114 14. Aberdeen Harbour This national development supports the continued relocation and repurposing of Aberdeen Harbour. The harbour is a strategically important asset supporting the economy of the north east of Scotland. The south harbour can act as a cluster of port accessible offshore renewable energy research, manufacturing and support services. The facilities are also important for international connections. At the south harbour the focus should be on regenerating existing industrial land and reorganising land use around the harbour in line with the spatial strategy of the LDP. By focusing future port activity here, parts of the existing harbour in the city centre will become available for mixed use development, opening up development land to help reinvigorate Aberdeen city centre. This can help provide significant economic opportunities, in line with the objectives of the Aberdeen City Region Deal. Environmental benefits, for example to enhance access and improve the quality of green space and active travel options should be designed-in to help offset any potential impacts on the amenity of local communities with relevant projects addressing environmental sensitivities through careful planning, assessment and implementation. The extent to which this should include additional business and industrial development outwith the existing north and south harbours is a matter to be determined in the relevant LDP, and is outwith the scope of this national development. Location Port of Aberdeen North and South Harbours. This national development supports the optimisation of Aberdeen Harbour to support net zero and stimulate economic investment. It is also a significant opportunity to support better placemaking including city centre transformation, and regeneration of existing land by optimising the use of new and existing assets. This will deliver our spatial strategy by helping the north east of Scotland to achieve a just transition from a high carbon economy whilst improving quality of place. Designation and classes of development A development contributing to ‘Aberdeen Harbour’ in the location described, within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’ is designated a national development: a) Mixed use development reusing land at the existing (north) Aberdeen Harbour; b) Upgraded port facilities at Aberdeen Harbour and completion of South Harbour; c) New and/or upgraded green infrastructure; d) Buildings and facilities for commercial, manufacturing and industrial uses; e) Infrastructure for the production, storage and transportation of low carbon and renewable hydrogen and related chemicals including ammonia, with carbon capture as necessary; and f) Transport infrastructure, including for sustainable and active travel, for the South Harbour as supported by the Aberdeen City Region Deal. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Local living Rebalanced development Conserving and recycling assets Just transition
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Part 3 – Annexes National Planning Framework 4 115 15. Industrial Green Transition Zones To secure a just transition to a net zero economy, the decarbonisation of nationally important industrial sites in a way that ensures continued jobs, investment and prosperity for these areas and the communities that depend on them is essential. Industrial Green Transition Zones (IGTZ) will support the generation of significant economic opportunities while minimising carbon emissions. Technologies that will help Scotland transition to net zero will be supported at these locations, with a particular focus on low carbon and zero emissions technologies including renewables and the generation, storage and distribution of low carbon hydrogen. The deployment of hydrogen and CCUS at these locations must demonstrate decarbonisation at pace and cannot be used to justify unsustainable levels of fossil fuel extraction or impede Scotland’s just transition to net zero. Hydrogen and CCUS are emerging industries, both government and industry in Scotland wish to accelerate and maximise the deployment of green hydrogen. For projects that utilise carbon capture and storage, we want to ensure the highest possible carbon capture rates in the deployment of these technologies. While there are examples internationally where CCUS projects have been associated with offshore Enhanced Oil Recovery, we understand there to be no plans for offshore Enhanced Oil Recovery as part of the Scottish Cluster. However, if any IGTZ is found to be incompatible with Scotland’s transition to net zero, Scottish Government policy, along with designations of and classes of development, will change accordingly. Industrial Green Transition Zones are: • The Scottish Cluster encompasses a carbon capture and storage (CCS) projects network and is a key strategic vehicle for industrial decarbonisation, energy generation, and the transportation and storage of captured carbon. The designation relates to projects that form a Scottish Cluster in the first instance specifically Peterhead, St Fergus and Grangemouth. Further industrial transition sites are expected to emerge in the longer term and benefit from the experience gained within the Scottish Cluster but do not form part of this national development. This national development will support the generation of significant economic opportunities for low carbon industry as well as minimising carbon emissions at scale, and will play a vital part in maintaining the security and operability of Scotland’s electricity supply and network. The creation of hydrogen and deployment of negative emissions technologies, utilising CCUS, at commercial scale will establish the opportunities to decarbonise industry, transport and heat, as well as other sectors, and pave the way for the transportation and storage infrastructure to support the growing hydrogen economy in Scotland. • Grangemouth investment zone currently hosts strategic and critical infrastructure, high value employment and manufacturing of materials that are currently vital for every-day life. This role will continue in the long-term but must seek to decarbonise given the significant contribution of the industrial activities to Scotland’s emissions. It is a key location in the Scottish Cluster for carbon capture and storage, and hydrogen deployment. The Grangemouth Investment Zone will be a focus for transitioning the petro-chemicals industry and associated activities into a leading exemplar of industrial decarbonisation, significantly helped through the coordination activities of the Scottish Government’s Grangemouth Future Industry Board. Decarbonisation could include opportunities for: renewable energy innovation; bioenergy; hydrogen production with carbon capture and storage; and repurposing of existing strategic and critical infrastructure such as pipelines. Location St Fergus, Peterhead, and Grangemouth. Need This national development is required to meet our targets for emissions reduction. It also supports a just transition by creating new jobs in emerging technologies and significant economic opportunities for lower carbon industry. It will help to decarbonise other sectors, sites and regions, paving the way for increasing demand
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Part 3 – Annexes National Planning Framework 4 116 to be complemented by the production of further hydrogen in the future. This will also help to deliver our spatial strategy by supporting investment in the North East and the Central Belt where there has been a relatively high level of output from fossil fuel industries. Designation and classes of development A development contributing to ‘Industrial Green Transition Zones’ in the location described, within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’ is designated a national development. a) Carbon capture with high capture rates and negative emission technologies, transportation and storage of captured carbon forming part of or helping to create an expandable national network; b) Pipeline for transportation and storage of captured carbon and/or hydrogen; c) Onshore infrastructure including compression equipment, supporting pipeline transportation and shipping transportation of captured carbon and/or hydrogen; d) Offshore storage of captured carbon; e) New and/or upgraded buildings and facilities for the utilisation of captured carbon; f) Infrastructure for the production of hydrogen on shore or off shore where co-located with off shore wind farms within 0-12 nautical miles; g) Infrastructure for the storage of hydrogen on shore or off shore, including on or near-shore geological storage; h) Port facilities for the transport and handling of hydrogen and carbon dioxide; i) The application of carbon capture and storage technology to existing or replacement thermal power generation capacity; j) Production, storage and transportation with appropriate emissions abatement of: bioenergy; hydrogen production related chemicals including ammonia; k) New and/or upgraded buildings for industrial, manufacturing, business, and educational or research uses related to the industrial transition; l) Town centre regeneration at Grangemouth; m) Grangemouth flood protection scheme; n) New and/or upgraded green and blue infrastructure; o) New and/or upgraded utilities and/or local energy network; and p) New and/or upgraded facilities at the port for inter-modal freight handling at Grangemouth. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive effect on lifecycle greenhouse gas emissions reductions targets. Policy impact: Compact urban growth Local living Rebalanced development Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 117 16. Hunterston Strategic Asset This national development supports the repurposing of Hunterston port as well as the adjacent former nuclear power station sites and marketable business land of the Hunterston Estate. Hunterston has long been recognised as a strategic location for the port and energy sectors given its deepwater access and existing infrastructure. Hunterston is a key site, anchoring other opportunities around the Firth of Clyde. The location and infrastructure offers potential for electricity generation from renewables, and a variety of commercial uses including port, research and development, aquaculture, the circular economy, and environmental and economic opportunities around nuclear decommissioning expertise. New development will need to optimise the capacity of the transport network, include active travel links and be compatible with a location adjacent to sites with nuclear power uses. Designated biodiversity sites will require protection and enhancement where possible, and sustainable flood risk management solutions will be required for the area. Aligned with the Ayrshire Growth Deal, jointly funded by the Scottish and UK Governments, investment in this location will support a wellbeing economy by opening up opportunities for employment and training for local people. A community wealth building approach has been embedded within the Deal and Regional Economic Strategy within Ayrshire, and would be expected to form a part of future development proposals to ensure the economic benefits are retained locally as far as possible, strengthening local supply chains and supporting businesses and communities across Ayrshire. Location Hunterston Port, nuclear power station sites and marketable employment land at Hunterston Estate. Need These classes of development support the redevelopment and reuse of existing strategic assets and land contributing to a net zero economy. It also supports delivery of our spatial strategy by stimulating investment in the west of Scotland, potentially contributing to the wider aim of tackling inequalities. Designation and classes of development A development contributing to ‘Hunterston Strategic Asset’ in the location described within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) Infrastructure to support a multi-modal deep water harbour; b) Land and buildings for bulk handling, storage, processing and distribution; c) Facilities for marine energy generation technology fabrication and decommissioning; d) Facilities for marine energy servicing; e) Land and buildings for industrial, commercial, research and development, and training uses; f) Infrastructure for the capture, transportation and long-term storage of greenhouse gas emissions, where transportation may be by pipe or vehicular means; g) Infrastructure for the production, storage and transportation of low carbon and renewable hydrogen; and hydrogen production related chemicals including ammonia; h) Infrastructure for the generation and storage of electricity from renewables exceeding 50 megawatts; and i) Electricity transmission infrastructure of 132kv or more.
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Part 3 – Annexes National Planning Framework 4 118 Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Local living Rebalanced development Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 119 17. Chapelcross Power Station Redevelopment This national development supports the redevelopment of Chapelcross, a former nuclear power station site of significant scale regionally and nationally, and our strategy supports the reuse of the site to help deliver on net zero and provide opportunities for communities in the South of Scotland. Final uses for the site remain to be agreed, but the site has locational advantage to act as an energy hub with opportunities including: business development with a particular focus on energy and energy supply chain; energy generation from solar; electricity storage; generation of heat; production and storage of low carbon and renewable hydrogen. This could link to ambitions for low carbon heat and vehicle fuel at Stranraer. The proposal aims to create new job opportunities, including high value employment. A community wealth building approach will ensure that benefits are retained locally as far as possible, and this in turn will help to sustain and grow the local population. We also support opportunities to reduce the fuel costs for local communities to tackle fuel poverty. Sustainable access to the site for workers and commercial vehicles will be required. Location Site of the former Chapelcross power station. Need This national development supports the reuse of a significant area of brownfield land in a rural area with economically fragile communities. It will also support the just transition to net zero. Designation and classes of development A development contributing to ‘Chapelcross Power Station Redevelopment’ in the location described, within one or more of the Classes of Development described below and that would otherwise have been of a scale or type that is classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) Commercial, industrial, manufacturing, and office related development occurring on the Chapelcross development site; b) Generation of electricity from renewables exceeding 50 megawatts capacity; c) Infrastructure for the production, storage and transportation of low carbon and renewable hydrogen and related chemicals including ammonia, with carbon capture as necessary; and d) Active and sustainable travel connection to the site. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Local living Rebalanced development Conserving and recycling assets Rural revitalisation Just transition
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Part 3 – Annexes National Planning Framework 4 120 18. High Speed Rail This national development supports the implementation of increased infrastructure to improve rail capacity and connectivity on the main cross-border routes, the east and west coast mainlines. Rail connectivity that can effectively compete with air and road based transport between the major towns and cities in Scotland, England and onward to Europe is an essential part of reducing transport emissions, making best use of the rail network and providing greater connectivity opportunities. There can be significant emissions savings of approximately 75% to be made when freight is transported by rail instead of road. Enhancement would be in addition to and in conjunction with High Speed 2 (HS2) and other enhancements identified by the UK Government. Scottish Ministers have an agreement with the UK Government to develop infrastructure enhancements ‘North of HS2’ and Scottish Ministers continue to press the UK Government on the imperative that all nations and regions of Britain benefit from the prosperity that HS2 will deliver both in its construction and its implementation. The Strategic Transport Projects Review 2 is appraising through recommendation 45 and will provide the strategic case for investment in the rail network in Scotland, over and above the commitments within HS2. Location Central and southern Scotland to the border with England. Need This national development aims to ensure a low emissions air-competitive journey time to cities in the UK as well as connectivity with European cities and benefits to freight. This will support Scotland’s ability to attract and compete for investment. Designation and classes of development A development contributing to ‘High Speed Rail’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development: a) New and/or upgraded railway track and electrification solution (overhead cabling and pylons or on track); b) New and/or upgraded multi-modal railway stations to service high-speed lines; and c) Depot facilities for high speed trains and/ or related to the construction and onward maintenance of the UK high-speed rail infrastructure. Lifecycle greenhouse gas emissions assessment Depending on the nature of the projects taken forward and considering both direct and indirect effects, the lifecycle greenhouse gas emissions assessment concludes this development will likely have an overall net positive impact on achieving national greenhouse gas emissions reduction targets. Policy impact: Compact urban growth Conserving and recycling assets
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Part 3 – Annexes National Planning Framework 4 121 Annex C – Spatial Planning Priorities This information is intended to guide the preparation of Regional Spatial Strategies and LDPs to help deliver Scotland’s national spatial strategy. North and West Coast and Islands This area broadly comprises the island communities of Shetland, Orkney, the Outer Hebrides, and parts of Highland and Argyll and Bute, and the north and west coastline of the Scottish mainland. To deliver sustainable places, Regional Spatial Strategies and Local Development Plans should maximise the benefits of renewable energy whilst enhancing blue and green infrastructure, decarbonising transport and building resilient connections. This area’s natural and cultural assets will require careful planning and management so that their special qualities can continue to form a strong foundation for future development and investment. There are opportunities for local projects across this area to come together and create an enhanced nature network which benefits quality of life and contributes to biodiversity recovery and restoration as well as carbon sequestration. Resilience and a growing green economy will depend on delivery of improved grid connections, including high voltage grid cables connecting the three island groups to the mainland. This will be complemented by the innovation in low and zero carbon fuels and the roll out of locally distributed energy systems to reduce emissions from buildings, address significant fuel poverty and secure longer term resilience. Significant peatland restoration and woodland creation and restoration, along with blue carbon opportunities will secure wider biodiversity benefits and be a focus for investment to offset carbon and secure existing natural carbon stores. The Lewis Peatlands and the Flow Country are internationally recognised as accounting for a significant proportion of the world’s blanket bog habitat, and there are opportunities to protect and expand Scotland’s temperate rainforest, including some of the best remaining rainforest sites in Europe. Access to the outdoors, as well as active travel, can benefit from continued investment in long distance walking and cycling routes with a range of projects emerging at a regional scale. Communities in this area will need resilient transport connectivity to maintain accessibility and lifeline links, and further innovation will be required to help modernise connections and decarbonise transport systems. A net zero islands air network and decarbonisation of ferry services will help to secure the viability and service stability of island and remote coastal communities. Communities are keen to explore long-term ambitions for fixed links for example across the Sound of Harris and Sound of Barra, and potentially to connect the Outer Hebrides to mainland Scotland. An Islands Connectivity Plan will consider the role of ferries, fixed links and low carbon aviation in securing lifeline links and marine access for both leisure and freight. In addition to the investment potential of the area’s ports and harbours, the strategic location of the Northern Isles as a hub for future shipping using long distance trade routes has significant potential for investment and growth over the longer term. There is also potential to consider decarbonisation of fishing fleets and the aquaculture industry in the future. Electric vehicle ownership is already high in some parts of the area and continued expansion of charging networks will support further decarbonisation. Key routes and hubs are emerging – examples include the aspiration for an electric spinal route that extends across the Outer Hebrides. This should be viewed as one part of a wider system response to net zero that also strengthens active travel across the area.
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Part 3 – Annexes National Planning Framework 4 122 Improved digital connectivity is a priority to sustain current businesses and create ‘smart’ communities. We are committed to investment in ultrafast broadband to ensure every property is connected and to improve mobile coverage. This will unlock opportunities for rural businesses and remote working, and make future community growth more feasible. Full benefits will be realised by actively tackling the digital divide by building skills, literacy and learning and addressing the financial barriers to internet access. Key projects include the Outer Hebrides Giga Fibre Network and the North Isles Fibre Project. To deliver liveable places, Regional Spatial Strategies and Local Development Plans in this area should support coastal and island communities to become carbon neutral, thus contributing to net-zero commitments and reducing fuel poverty. Future-proofing local liveability will benefit people as well as the planet. Island and coastal communities can apply the concept of local living, including 20 minute neighbourhoods, in a flexible way and find local solutions to low carbon living, for example by identifying service hubs in key locations with good public transport links. The aim is to build long-term resilience and self-reliance by minimising the need to travel whilst sustaining dispersed communities and rural patterns of development. Communities in this area will continue to rely to an extent on the private car, and low carbon solutions to the provision of services will need to be practical and affordable. Innovation including electric vehicle charging and digital connectivity will play an important role. Increased coastal flooding and erosion arising from future climate change will need to be considered along with impacts on associated infrastructure such as bridges and transport networks. The majority of island populations live in coastal locations and there is a need for a pro-active and innovative approach that works with local communities to address this issue. Regionally and locally driven plans and strategies will identify areas for future development that reflect these principles – for example planned population growth on the Western Seaboard of Argyll and in a growth corridor from Tobermory to Oban and on to Dalmally. Community hubs, where people can easily access a variety of services, will need to evolve and grow to support communities and sustain a range of functions. Ports and harbours can be a focal point for electric vehicle charging as well as employment. Sustainable and fair access to affordable healthier food will support future resilience and broader objectives including reduced child poverty and improved health outcomes. Innovative and equitable service provision, including digital solutions, will be needed to support dispersed communities in a low carbon way. Communities will need greater choice and more flexible and affordable homes to support varying needs. This can be achieved to an extent by refurbishing the existing building stock to reduce the release of embedded carbon, as well as by delivering more affordable, energy efficient homes. The additional costs of island homebuilding and development generally, as well as in delivering net zero, is a challenge that needs to be factored into a planned approach. There is a clear need for affordable housing provision across the region to improve choice and access to homes, to support local economies, and in some areas to help offset the impact of second home ownership and short term lets on the market. Local solutions may include key worker housing, temporary homes for workers in remote areas, and self-provided homes including self-build and custom-build. Continued innovation of holistic place-based solutions, such as the Rural and Islands Housing Fund, will be required to create homes that meet diverse community needs, including homes for an ageing population and to help young people to stay in or return to their communities. Greater efforts to ensure young people have more influence in decisions that affect their future places could support this, as well as helping more people access land and crofts and the reuse of abandoned sites where appropriate.
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Part 3 – Annexes National Planning Framework 4 123 To reverse past depopulation and support existing settlements, planning can help to sustain communities in more peripheral and fragile areas in a way that is compatible with our low carbon agenda and resilient to climate change impacts. Further action should be taken where appropriate to encourage economically active people to previously inhabited areas. This will also need to reflect climate commitments and wider aspirations to create sustainable places that incorporate principles of 20 minute neighbourhoods and active travel networks. Coasts will continue to evolve, and development will be needed to sustain and grow communities in a sustainable way. Collaboration and strong alignment of terrestrial and marine planning, at all levels, will also be needed. To deliver productive places, Regional Spatial Strategies and Local Development Plans in this area should seize the opportunities to grow the blue and green economy, recognising the world-class environmental assets that require careful management and the opportunities to develop skills and diversify employment. This area has significant opportunities for investment that capitalise on its natural assets and further strengthen the synergies between people, land and sea. This will require strong collaboration and alignment of terrestrial and marine planning, especially as further development of related blue economy activities in the terrestrial environment may increase competition for marine space and resources offshore. To significantly reduce greenhouse gas emissions, more onshore and offshore renewable energy generation will be needed, bringing unprecedented opportunities to strengthen local economies, build community wealth and secure long-term sustainability. The island authorities have set targets for creating green jobs and for rolling out clean and efficient energy systems to build local resilience. We expect to see continued innovation to unlock the infrastructure and business opportunities arising from a blue and green prosperity agenda. As a result of its natural advantages, the area is growing its research excellence, and driving low-carbon is a core theme of the Islands Growth Deal. This will support the emergence of the planned joint Islands Centre for Net Zero, alongside island-specific initiatives. Orkney has been home to the European Marine Energy Centre since 2003 and the Orkney Research and Innovation Campus (ORIC) in Stromness provides a focus for Orkney’s renewable and low carbon industries and research facilities. There are plans to grow the role of Orkney’s ports and harbours to support net zero. The Outer Hebrides Energy Hub plans to establish the initial infrastructure necessary to support the production of low carbon hydrogen from renewable energy and conduct a ‘large village’ trial for Stornoway, and there may also be co- benefits to be gained for aquaculture in the area. Shetland aims to grow its net zero contribution including through a planned ultra-deep water port development, which would support servicing the energy sector, oil and gas decommissioning and large-scale offshore renewables. In addition, Oban is developing as a university town, and the European Marine Science Park is a key opportunity to build the local economy and provide education locally. Sea ports are a focus for investment in the blue economy and further diversification of activities could generate additional employment across the area. Potential for business development ranges from long distance freight to supporting the cruise and marine leisure sectors and decommissioning opportunities. There may also be opportunity for ports in the islands to establish themselves as near-Arctic marine transport and logistics hubs, including for transhipment operations. There is an aspiration for the servicing of ultra large container ships with associated facilities within Scapa Flow. The potential for such development to adversely affect European site(s) has been identified through the HRA of NPF4. Therefore, this would need to be considered carefully at project level, including through the Habitats Regulations Appraisal process, to ascertain that there will be no adverse effects on
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Part 3 – Annexes National Planning Framework 4 124 the integrity of European sites, or if this is not the case, whether there are imperative reasons of over-riding public interest and relevant statutory tests can be met. New infrastructure and repurposing of land will help to shift industrial activity towards supporting the offshore renewables sector. Key strategic sites for industrial investment and associated port infrastructure and facilities include plans for: Dales Voe and Scapa Flow as part of the Islands Growth Deal; Cullivoe; Arnish in Stornoway; Wick; Scrabster; Gills Bay; Kishorn; Oban; Port Askaig; and Hatston, Kirkwall. Other key nodes on the ferries network, including Ullapool, Uig and Mallaig, will continue to act as important hubs to support communities, investors and visitors. Proposed space ports, which make use of the area’s relatively remote location and free airspace, could support our national ambitions to grow this sector. This includes plans for an Outer Hebrides Spaceport 1 in Scolpaig, North Uist and an emphasis on space research and skills development in Shetland as part of the Islands Growth Deal, a space port at Machrihanish and ancillary buildings at Benbecula. Planning permission has been granted for a space port at Melness in Sutherland, making use of its location away from populated areas to provide a vertical launch facility that could link with wider opportunities for manufacturing, research and development across Scotland. Food and drink is a key sector, with aquaculture, distilleries, commercial fishing, and seaweed farming providing a crucial and growing source of employment for many local communities. This sector is of national significance, with whisky generating an estimated £5 billion to the UK economy and salmon accounting for more than 40% of total food exports. By improving the resilience of existing infrastructure we will ensure continued access to international markets. There are significant opportunities to build on experience and expertise through associated research and development. A development hub at Machrihanish to support aquaculture research in association with Stirling University could open up wider opportunities to expand onshore aquaculture at sites across Scotland. Within Orkney, farming is still the main industry providing products for local consumption and for Scotland’s food and drink sector. Targeted investment in tourism infrastructure will ensure the coast and islands can capitalise on their rich natural assets, heritage and culture to support better quality and more stable jobs in the sector whilst providing a positive experience for visitors and residents. This sector has been significantly impacted by the pandemic and a short term focus on recovery can be underpinned by efforts to secure longer term sustainability. Planning can help to ensure that the Rural Tourism Infrastructure Fund is targeted to places where the pressure is most significant. Priorities include visitor management of the area’s World Heritage Sites. Through the Islands Growth Deal, plans are in place for the Orkney World Heritage Site Gateway that will manage and disperse visitors to the Heart of Neolithic Orkney UNESCO World Heritage Site; and the Outer Hebrides Destination Development Project will support the strategic development of tourism infrastructure, bringing together key assets including St Kilda World Heritage Site, the Iolaire Centre, the Hebridean Way, Food and Drinks trail and the Callanish standing stones. Other ongoing projects, including long distance routes such as the Kintyre Way and the Argyll Sea Kayak Trail and Crinan Canal can help to expand a high quality offer of exceptional marine tourism across the area as a whole. Regionally and locally there is a need for smaller scale investment across the area to put in place low maintenance, carefully designed facilities which better support and manage the impact of informal tourism including camping, campervans and day trips. This should reflect the scale and nature of operators including community trusts, which can have broad impact and influence. Efforts to provide access to education and build skills locally will also support this, with key projects including plans for the redevelopment of the Shetland Campus. Additionally, the lessons we have learned from the pandemic about remote working could also help to grow communities by extending the range of high quality jobs available locally.
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Part 3 – Annexes National Planning Framework 4 125 North This area broadly includes parts of Highland with parts of Argyll and Bute, Moray, Cairngorms National Park, as well as the north of Loch Lomond and The Trossachs National Park, Stirling and Perth and Kinross, with links west and north to coastal and island communities. Priorities To deliver sustainable places, Regional Spatial Strategies and Local Development Plans in this area should protect environmental assets and stimulate investment in natural and engineered solutions to climate change and nature restoration, whilst decarbonising transport and building resilient connections. The area’s natural capital will play a vital role in locking in carbon and building our resilience by providing valuable ecosystem services. This includes sustainable flood risk management, biodiversity, access and education. Land and sea assets will play an internationally significant role in renewable energy generation and carbon sequestration. The area can act as a strategic carbon and ecological ‘mitigation bank’ that can make a major contribution to our national climate change commitments. A programme of investment in forestry, woodland creation, native woodlands and peatland restoration will play a key role in reducing our national emissions, providing investment opportunities, supporting ecosystems and biodiversity and benefiting current and future generations. There are also opportunities to explore the decarbonisation of the forestry sector, processing and the transport of timber, and to build community wealth through new businesses, such as a nationally important tree nursery in Moray. Wider but closely related priorities include continuing conservation at a landscape-scale, to develop resilient nature networks, deer and moorland management, visitor management and recreation, rural housing, community empowerment and economic development. This will provide good quality local employment, strengthen and diversify local economies and help to secure a sustainable future for local people. The area’s rivers are also strategic assets that will continue to benefit from aligned land use, climate adaptation and biodiversity enhancement. The Cairngorms National Park is bringing together conservation, the visitor experience and rural development to provide benefits that extend well beyond the park boundary. Landscape- scale solutions to build resilience to climate change, to manage sustainable tourism and outdoor access, and a commitment to reversing biodiversity decline and increasing woodland expansion and peatland restoration, are all key priorities. Demand for development, including in pressured areas, will require a planned response to minimise the impact of second homes on local communities and ensure new homes are affordable and meet local needs. This area also makes an important contribution to our climate change targets by supporting renewable energy generation. Repowering and extending existing wind farms will optimise their productivity and capitalise on the area’s significant natural energy resources, and there is potential to increase offshore wind energy capacity. A carefully planned approach can reduce environmental and other impacts and retain more benefits locally. Community ownership of renewable energy projects at all scales could play a key role in improving resilience, empowering local people to take control of their own assets and helping tackle fuel poverty. Pumped hydro storage at Cruachan and other sites such as Coire Glas can support the energy network, as well as providing tourism and recreation opportunities, and we expect to see a growth in solar power. As technologies continue to develop, storage and other forms of generation will grow. The electricity distribution and transmission network will require upgrading to support the large increase in onshore and offshore electricity generation required to achieve net zero, as well as to meet new demand from heat and transport. There will also be a need for more community- scale energy generation to serve the needs of local communities directly and build resilience.
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Part 3 – Annexes National Planning Framework 4 126 The transport system as a whole will need to be planned to support a shift to more sustainable transport whilst maintaining access to markets and facilities. In line with the transport sustainable investment hierarchy, development should first be focused in locations which make the best use of existing infrastructure and services before building new infrastructure or providing new services. Improvements to the Highland Main Line through electrification and delivery of new stations including at Inverness Airport, will help to create a sustainable commuter network for Inverness and open up more rural areas to lower carbon development. Our rolling programme of efficient electrification is also a key enabler for growth in rail freight, creating improved connectivity and providing additional capacity with faster journey times, better use of track capacity and lower unit costs. A continued modal shift to rail for both passengers and freight will bring significant environmental benefits over time. Roads will continue to be arteries upon which local communities and businesses depend. There will be a need to adapt key routes due to the impacts of climate change alongside creating a strong network of charging points, including improvements to the A96 to improve safety and to the A9 to maintain a resilient road link from Thurso and Inverness to the central belt. Remote and rural areas including islands are dependent on reliable accessibility by road including connecting to ferries and ports, facilitating reliable public transport by road, access to essential services and transporting of goods. There is an urgent need for improvements to the A83 to ensure the resilience of the economy and communities of wider Argyll, as well as resilience challenges for other key routes such as the A82. Continued investment in the national long distance walking and cycling network provides an opportunity to assist in decarbonising tourism and recreation across the area, whilst also providing, and acting as a spine for, sustainable active travel connections for everyday travel in the vicinity of towns and villages. Inverness and Oban airports are hubs for air connections to dispersed communities and Wick John O’Groats Airport and Broadford Airstrip on Skye are key connections. Oban Airport is also an opportunity for investment in compliance operations and future drone technology. The Highlands and Islands are aiming to become the world’s first net zero aviation region by 2040 by pioneering new approaches including electric aircraft. Investment in technology and facilities will be required to achieve this. The proposed Moray Aerospace Advanced Technology and Innovation Campus (MAATIC) at Lossiemouth intends to create a skilled workforce for the Moray region through focusing on aviation sector and supply chain. To deliver liveable places, Regional Spatial Strategies and Local Development Plans in this area should maintain and help to grow the population by taking a positive approach to rural development that strengthens networks of communities. We will do all we can to help reverse depopulation across rural Scotland. Here, as with other more rural areas of Scotland, 20 minute neighbourhoods can be tailored to work with both larger towns and more dispersed settlement patterns. Inverness plays a vital role as a regional centre for services, health, justice, employment, education, sport, culture and tourism and has seen significant expansion in recent years. Key sites for its growth are located primarily to the east along the Moray coast. A sustainable and adaptive growth strategy will continue to be supported by planned investment in education and health and social care services, as well as employment uses. The new railway station serving Inverness Airport will help to connect local communities with growing employment opportunities in the wider area. Inverness Castle, as part of the Inverness and Highland City Region Deal, will be redeveloped and opened up to the public, attracting national and international tourists and encouraging visits to the wider Highlands and Islands.
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Part 3 – Annexes National Planning Framework 4 127 Fort William, Dingwall, Grantown-on-Spey and Aviemore are key settlements, and the area has strong relationships with adjacent, more coastal settlements such as Mallaig, Oban, Wick and Thurso. Moray also has a strong network of towns including Forres, Elgin and Nairn. In more remote communities there is a need to reverse population decline. A place-based approach (as demonstrated by Fort William 2040), including work to improve town centres and reuse redundant buildings, will support recovery in a way which responds to the strong character and identity of each of the area’s towns and villages. Such an approach is evident in Growth Deal projects such as Moray’s Cultural Quarter proposal. A positive approach to rural development could support the development of a network of hubs, and future service provision will require imaginative solutions so that places can be resilient and self-supporting. Investment in strategic health, justice and education facilities is already planned. In the longer term, digital solutions, including mobile and remote health services and virtual education, as well as continued investment in improved connectivity, will play an increasingly important role. As with other parts of Scotland, more homes will be needed to retain people and attract new residents of all ages. Many communities have taken ownership of their land and this could form the foundations for future development by unlocking further development sites. Refurbishment of existing rural buildings and halting the loss of crofts could help to sustain the area, and new homes should align with infrastructure and service provision. They should also be located and designed to minimise emissions and to complement the distinctive character of existing settlements and wider landscapes. As climate change continues to have an impact, water supplies and drainage will need to be secured and maintained. Flood risk management and changing ecosystems will need to be factored into future plans to ensure nature-based adaptation solutions complement local living. Addressing fuel poverty will require greater energy efficiency and affordable, low carbon, distributed heat and electricity networks, with a model for increased local generation, having potential to bring benefits. Maintaining connectivity will be essential, particularly through public transport that includes rail access and other active travel networks. We will continue to support further investment in digital connectivity but will need to go further to adapt to climate change and make use of emerging technologies. Priorities include satellite and mobile solutions to address ‘not spots’, and to support local living by reducing the need to travel unsustainably. To complement existing physical connections, smart solutions, local hubs, demand responsive transport, and active travel networks will help people to access services and employment and make low carbon local living a more viable option. To deliver productive places, Regional Spatial Strategies and Local Development Plans in this area should support local economic development by making sustainable use of the area’s world-class environmental assets to innovate and lead greener growth. Natural assets and environmental quality underpin the area’s main economic sectors and must therefore be protected, restored and used sustainably. Planning will help to attract investment, grow and diversify businesses and enable local entrepreneurship, micro enterprises, self-employment and social enterprises to flourish. Remote working can be capitalised on to build economically active local communities. This will require the continued roll out of high quality digital infrastructure and maintenance and decarbonisation of transport routes to wider markets. Food miles can be reduced over time with the help of local community-led food growing networks, by supporting locally driven public procurement and, from a land use perspective, protecting higher quality agricultural land.
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Part 3 – Annexes National Planning Framework 4 128 Ideas are emerging for the area to secure a low carbon future for tourism. Assets such as the North Coast 500 and, more recently, the Kintyre 66 in the adjacent coastal area, as well as the area’s high quality environment and associated food and drink products, attract visitors. However, they also require investment in improvements to infrastructure to support local communities and visitors. This will maintain the quality of the experience and the environment, facilitate lower carbon transport, promote ‘leave no footprint’ and encourage longer stays. This could involve extending the availability of transport services. There are also many regionally significant opportunities to create jobs by growing support services for outdoor activities such as mountain biking, climbing, walking and angling and in support of the country’s winter sport and recreation sector that is primarily focussed in this area. Investment in research and development, business opportunities and local centres of expertise will help to retain benefits locally and broaden the range of skilled jobs. There will also be opportunities to build on and repurpose existing assets to create greener jobs, such as the former nuclear installation at Dounreay and development at Fort William associated with the Lochaber Smelter. The area’s coastline contributes to the beauty and experience of the area and is also a hub for economic activity including fishing, the cruise and marine leisure sectors, and the offshore renewable energy sector. Key ports include the Cromarty Firth (including Port of Cromarty, Nigg and Highland Deephaven), Corpach, Ardersier, Gills Bay, Inverness, Kishorn and Buckie. Through Opportunity Cromarty Firth and other projects, new facilities and infrastructure will help ports to adapt, unlocking their potential to support the transition from fossil fuels through oil and gas decommissioning, renewable energy (including the significant opportunities for marine energy arising from Scotwind) and low carbon hydrogen production and storage, and the expansion of supply chain and services. This will in turn benefit communities by providing employment and income for local businesses. North East This area focuses on Aberdeen City and Aberdeenshire with cross-boundary links to Moray, and south towards Angus and the Tay estuary. Priorities To deliver sustainable places, Regional Spatial Strategies and Local Development Plans in this area should plan infrastructure and investment to support the transition from oil and gas to net zero, whilst protecting and enhancing blue and green infrastructure and decarbonising connectivity. Action is required to tackle industrial emissions and transition towards a greener future that benefits existing communities and attracts further investment. Greener energy choices, including hydrogen and on and offshore renewables, have a natural home here and will be at the heart of the area’s future wellbeing economy. Investment opportunities focus on the green and blue economy and energy innovation. Significant infrastructure will be required to deliver a hydrogen network for Scotland, including repurposing of existing facilities and the creation of new capacity. £62 million in the Energy Transition Fund is supporting four projects to protect existing jobs and create new jobs in the North East, and across Scotland, by opening up opportunities through energy transition and harnessing private sector funding. This funding aligns with the Aberdeen City Region Deal and continuing support for retraining and skills development. Ports and harbours throughout the area are key assets in the blue economy. As offshore renewables are an important part of Scotland’s energy transition, there will be a need to align terrestrial and marine development so as to maximise the potential of this sector. The area’s growth strategy includes a commitment to building with nature by creating multi-functional blue and green networks and improving green spaces in and around settlements, connecting with the national long distance cycling and walking network
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Part 3 – Annexes National Planning Framework 4 129 and facilitating active travel. Community-led climate action will help to provide locally-driven solutions. A new water supply and waste-water systems will play an important role in building long-term resilience. Aberdeen is a key transport hub providing vital connections internationally, as well as lifeline services to Orkney and Shetland. Congestion will be reduced as a result of the construction of the Aberdeen Western Peripheral Route, and the A92/A96 Haudagain Improvement project. In the city, work is ongoing to lock in the benefits and prioritise sustainable transport, including Aberdeen Rapid Transit. More widely the Aberdeen to Central Belt Rail Improvements will bring benefits to both passengers and freight. The area can lead the way in promoting low emissions vehicles, active travel and public transport connectivity as part of its contribution to net zero. Links south to the Central Belt and west towards Inverness remain vital. Work is progressing on the £200m investment being made to improve journey times and capacity between Aberdeen and the Central Belt for passengers and freight. Continuing improvements to digital connectivity and active travel will reduce the need to travel by unsustainable modes and facilitate further remote, home or hub based working. To deliver liveable places, Regional Spatial Strategies and Local Development Plans in this area should focus on continued regeneration and encourage more 20 minute neighbourhoods to sustain the skilled workforce and improve local liveability. A new focus on local living could help to address the high levels of car ownership and respond to the area’s dispersed settlement pattern. Growth corridors extending from Aberdeen to Peterhead, Huntly and Laurencekirk will be a focus for future development, and strategic sites include new communities at Chapelton, Grandhome and Countesswells. There is significant potential to promote more compact growth by making better use of brownfield sites and increasing density. There will be benefits for people of all ages arising from an increase in local living and a shift towards 20 minute neighbourhoods and the creation of connected, walkable, liveable and thriving places, in both urban and rural contexts. The aim is to encourage sustainable travel options, provide communities with local access to the wider range of facilities, services and amenities to support healthier and flourishing communities. In rural places, social and community infrastructure can be designed with different settlements working in clusters as a ‘network of places’, providing services and amenities that best meet the needs of local rural communities. The area’s towns contribute to its sense of place and further town centre regeneration will help communities to adapt to current challenges and future change. Service provision also needs to reflect the area’s character. Several new or extended primary and secondary schools and community facilities are planned and the area will support wider rural communities by hosting a new centre of excellence for rural and remote medicine and social care. Access to good quality open space and opportunities for local food growing, including allotments and community orchards, can benefit health and wellbeing and tackle inequalities as an integral part of placemaking. The area benefits from a productive coastline that will be a focus for future economic activity and investment associated with offshore renewable energy and the blue economy. The coast is home to communities who will benefit from continued regeneration and a move towards 20 minute neighbourhoods that reduces the need to travel. Key regional priorities include the regeneration of Banff, Macduff, Fraserburgh and Peterhead. Future coastal vulnerability to erosion, sea level rise and flood risk will need to be factored into development strategies. The fishing industry will continue to contribute to the area’s strong sense of place and shared heritage, communities and economy, with some ports and harbours also having opportunities in the cruise and marine leisure sectors.
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Part 3 – Annexes National Planning Framework 4 130 To deliver productive places, Regional Spatial Strategies and Local Development Plans in this area should support continued economic diversification and innovation. The relocation of some activity at Aberdeen Harbour to the south harbour has been an important element in planning for the future. Further investment will help to realise its full potential as a low carbon hub and gateway, and there may be opportunities for development at the South Harbour to support the carbon capture and storage and hydrogen innovation work at St Fergus and Peterhead in Northern Aberdeenshire. This is also a significant opportunity to improve urban liveability by unlocking waterfront sites for mixed use development close to the city centre. Local people will need to be involved in deciding how potentially significant industrial and business activity can be accommodated, alongside regenerating a vibrant, redesigned city centre in the coming years. It is essential that environmental impacts arising from relocation of the harbour and any onward reorganisation of the land uses around it are carefully managed in a way that recognises the location’s natural assets and sensitivities. We expect the LDPs and consenting processes to be informed by the required impact assessments, to play a crucial role in guiding future development and addressing environmental sensitivities. Central This area broadly covers central Scotland from the Glasgow city region and the Ayrshires in the west to Edinburgh city region in the east, including the Tay cities, the Forth Valley and Loch Lomond and The Trossachs National Park. Priorities To deliver sustainable places, Regional Spatial Strategies and Local Development Plans in this area should support net zero energy solutions including extended heat networks and improved energy efficiency, together with urban greening and improved low carbon transport. Blue and green infrastructure The greening of the built environment, including former industrial areas, is a long held ambition that we now need to expedite to significantly reduce emissions, adapt to the future impacts of climate change and tackle biodiversity loss. Investment in green infrastructure will support urban sustainability, help to restore biodiversity, contribute to our overall targets for reducing emissions and improve health and wellbeing. There is much that we have already learned from past work, for example initiatives to naturalise former mining features, reclaiming canals as a cultural heritage and natural asset, and extensive woodland creation. Wider woodland expansion across more urban areas could make a significant contribution to improving air quality and quality of life by reducing pollution, managing water and cooling urban environments. Blue and green networks can help to deliver compact and liveable cities. Many initiatives will come together to achieve urban greening: • The Central Scotland Green Network will continue to bring together environmental enhancement projects. Initiatives such as the John Muir Pollinator Way demonstrate how nature networks can help restore and better connect biodiversity and enhance green infrastructure at a landscape scale.
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Part 3 – Annexes National Planning Framework 4 131 • The Glasgow City Region Green Network, a long-term transformational programme of environmental action, can achieve a step change in the quality and benefits of green places across west central Scotland and bring enhanced biodiversity closer to communities. As part of this, the Clyde Climate Forest is proposing natural solutions at scale across the Glasgow city region. • The Inner Forth Futures Partnership is tackling the effects of climate change and providing recreation benefits through projects such as peatland restoration and woodland expansion, and supporting the creation of habitat networks. • The River Leven Project in Fife is a holistic place-based approach to development. Blue and green infrastructure will support investment and provide environmental, health and wellbeing benefits for communities. • The Tayside strategic green and active travel network also aims to create regionally significant assets that contribute to the quality of the area. • Perthshire Nature Connections Partnership (PNCP) encompasses a long-term, nature- based vision for Perth and Kinross that aims to create a distinct connection between the Cairngorms and Loch Lomond and The Trossachs National Parks. • There is a particular opportunity to build on the successful regeneration of our canals to provide an invaluable strategic greenspace that connects communities across the area as a whole, contributes to its strong post-industrial heritage and provides wider functions such as water management to support future resilience to climate change. The potential of a canal asset should be recognised as a shared priority. There is a continuing need to invest in renewing and improving the capacity of flooding, water and drainage infrastructure to build the resilience of communities. A catchment-scale approach, using nature-based solutions, can also provide benefits for the health and quality of life of Scotland’s urban communities, particularly where solutions seek to deliver multiple benefits, including biodiversity gain and active travel routes. This approach can also be more cost- effective than hard engineering solutions and create lasting jobs. For example, the Glasgow city region recognises the challenges for future adaptation and is identifying sustainable solutions to sea level rise, urban overheating, and water management. Engineered solutions to adapt our water and drainage infrastructure will be required in some circumstances, but should support more natural benefits as far as possible. There is scope to continue, and extend, the lessons from the Metropolitan Glasgow Strategic Drainage Partnership to future proof infrastructure in support of the long-term growth and development of Edinburgh. The Lothian Drainage Partnership is taking this forward with projects emerging within Edinburgh and at the ClimatEvolution Zone in East Lothian. At a local scale there is significant potential to expand raingardens and sustainable urban drainage systems to help manage surface water as part of blue and green infrastructure for our future cities and towns. Whilst predominantly urban, this part of Scotland benefits from a rich and diverse rural area and there are many areas where town meets countryside. These green areas and natural spaces are key assets, sustaining communities that could become better places to live if we can achieve this in a way that is compatible with our wider aims for climate change, nature restoration and 20 minute neighbourhoods. The pandemic has demonstrated that many people are looking for more space at home and in their communities. It will be important to plan positively and imaginatively to make sustainable use of the countryside around our cities and towns. These areas have important functions – productive agricultural land, providing vital ecosystem services and spaces for local food growing, outdoor access and recreation. They support carbon sequestration, including through peatland restoration, woodland creation and conserving natural habitats, and there is scope for innovation in key sectors including sustainable food production.
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Part 3 – Annexes National Planning Framework 4 132 Planning has the potential to address the impact of climate change on communities whilst also generating renewable heat and facilitating urban cooling from our rivers. Mine water, solar and onshore support for offshore renewables, including development that makes use of existing infrastructure at strategic hubs, all provide opportunities for decarbonisation. Loch Lomond and The Trossachs National Park has landscape-scale opportunities to restore and enhance nature and respond to climate change, including through woodland creation and peatland restoration, as well as natural flood risk management. The National Park will continue to support the quality of life and health of the urban population and its future priorities include new infrastructure provision to provide a quality visitor experience and support people to connect with nature, as well as a greener tourism sector supported by innovative low carbon transport solutions. Long distance active travel and rail routes have untapped potential to provide sustainable tourism solutions. The area’s communities can adapt to support more localised living and working opportunities, with improved digital connectivity and affordable housing. More integrated planning and land management offers opportunities to support land use change and reduction of greenhouse gas emissions. The approach also links with and relates to the action area to the north. Urban accessibility A focus on community wealth building, together with growing opportunities for longer term remote working, could address the high levels of transport movement by private car and challenges of congestion and air pollution across the area. Local living, including 20 minute neighbourhoods, will help to minimise future commuting and ensure jobs and income can be spread more evenly across the area. Accessibility and transport affordability can support more resilience which benefits communities who are less connected. By putting in place mass/rapid transit systems for Edinburgh through plans to extend the tram network, and for Glasgow including the Clyde Metro and multi-modal connectivity, we have an opportunity to substantially reduce levels of car- based commuting, congestion and emissions from transport at scale. Connections to the rest of the UK will be strengthened in the longer term through high speed rail connectivity, with stations expected in Glasgow and Edinburgh. Decarbonisation of freight will require the construction of new hubs and associated facilities to support logistics. This will also support growing interest in express logistics from rail operators that would see passenger Electrical Multiple Units converted to carry small freight, targeting the UK parcel market. Ports on the Clyde, Forth and Tay coasts will also play a key role in this transition. Digital connectivity will facilitate remote working, supporting the growth of towns and villages outwith the larger cities and potentially leading to a renaissance in more rural living. It will be crucial to address digital inequality, whether through cost, infrastructure or skills development, as virtual service provision continues to grow. To deliver liveable places, Regional Spatial Strategies and Local Development Plans in this area should pioneer low carbon, resilient urban living by rolling out networks of 20 minute neighbourhoods, future proofing city and town centres, accelerating urban greening, investing in net zero homes, and managing development on the edge of settlements. 20 minute neighbourhoods The diversity of this area, from metropolitan districts to rural and dispersed settlements, will require concerted effort to develop networks of places that meet the principles of local living and 20 minute neighbourhoods, and with fair access to a range of services that support sustainable living. Planning should focus on revitalising cities and towns at scale, supporting a finer grained approach to placemaking, and a more intricate mix of land uses and density. This should incorporate networks of natural spaces and blue and green infrastructure, to create health and wellbeing benefits, increase resilience to climate change and support the growth of green job opportunities.
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Part 3 – Annexes National Planning Framework 4 133 The car-based design of some of our places, including many suburban areas and new towns, mean that a significant shift to a more people centred approach will be required. Planning can help retrofit facilities and services into areas where they are scarce, such as predominantly residential areas, to enable better integrated, mixed-use areas. City, town and neighbourhood centres can be at the heart of this if they are planned to strengthen self-sufficiency and bring services and jobs closer to homes. The recommendations of the recent town centre review can be delivered by supporting a wider range of uses and making the most of their assets. Accessibility will be a key part of the transition and will involve investment in infrastructure and services in line with the sustainable travel and investment hierarchies, to improve fair access and reduce carbon emissions. Active travel networks will need to expand to make walking, wheeling and cycling an attractive, convenient, safe, and sustainable choice for everyday travel. There are significant opportunities for investment in heat networks, energy storage and the circular economy to create more sustainable neighbourhoods. Energy efficient, affordable homes As well as building new homes to net zero standards, more will need to be done to meet the bigger challenge of upgrading the existing housing stock to reduce emissions and adapt to future climate impacts. Emissions from our homes need to be very substantially reduced – by 2030, they must fall by 68% from 2020 levels. Improved energy efficiency will be needed, by providing zero emissions heating solutions and more sustainable water management practices for existing settlements and homes. Improving sustainable travel options and reliability will help to reduce transport based emissions associated with our homes. There is a particular pressure for housing solutions, including provision of affordable homes that meet future needs, in the south east of Scotland. Edinburgh has committed to building affordable homes at scale, and will need to work with the region to accommodate wider need and demand in a strategic way. Seven strategic sites, supported through the Edinburgh and South East Scotland City Region Deal, could accommodate up to 45,000 homes and associated economic and employment benefits including: Blindwells, Calderwood, Dunfermline, Edinburgh Waterfront, Shawfair, Tweedbank and Winchburgh. The need for proposals to be supported by low carbon transport solutions, in line with the Infrastructure Investment Plan and National Transport Strategy investment hierarchies and infrastructure first approach, will be critical to their success. The Edinburgh and South East Scotland City Deal identifies infrastructure investment as part of this. These interventions and commitments, taken with the additional transport investment made through the Deal, will ensure the city region continues to grow and flourish. Regionally significant services, including healthcare and social care facilities and investment in the learning estate, is also planned to support future growth and sustain the wellbeing of existing, new and expanding communities. Waterfront regeneration The region’s coasts and firths define the area’s history and shape its sense of place. There is potential to unlock the strategic importance of coasts, estuary and river corridors for climate mitigation, resilience, and positive environmental change. Coastal change, driven by climate change, will need to be managed to build long- term resilience and future-proof our waterfronts, where this is feasible. Progress has been made to create long distance walking and cycling routes to open up access to waterfront spaces and reclaim them as a resource for people as well as industry. There will be a need to anticipate and mitigate risk from coastal erosion, flood risk and storm surges, with a focus on natural solutions which work with the unique biodiversity and landscape character of these important places. These coasts are rich in cultural and natural heritage. Along the Inner Forth, various projects provide multiple benefits, including flood management, cultural landscape enhancement, habitat creation, access and
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Part 3 – Annexes National Planning Framework 4 134 tourism. Edinburgh’s waterfront regeneration is ongoing, with Granton benefiting from an ambitious masterplan, the tram extension to Leith progressing and potential development at Seafield helping to redefine the city’s relationship with its coastline. This is reusing existing assets and helping Edinburgh to become a more liveable city. A masterplanned approach to regenerating the Edinburgh Waterfront can take into account opportunities for the Port of Leith to service the offshore energy sector. More broadly, port facilities should continue to be capable of servicing freight traffic within the Firth of Forth given the importance of east coast freight links. The successful regeneration of Dundee Waterfront has demonstrated the potential to make sustainable use of our urban coasts, and ongoing proposals include the creation of a marina at Victoria Dock and further development of central waterfront sites. Dundee port has an aspiration to expand its operational area into the Firth of Tay. The HRA of NPF4 has identified that such development would have a high probability of resulting in adverse effects on the integrity of European site(s). This would therefore need to be considered carefully at project level, including through the HRA process to ascertain that there will be no adverse effects on European sites, or if this is not the case, whether there are imperative reasons of over-riding public interest and relevant statutory tests are met. Reuse of brownfield land A more liveable Central Belt means that we will need to do more to reuse empty buildings and brownfield land, including vacant and derelict land, particularly spaces which have not been used for decades and can be accessed by sustainable modes. This will reduce further urban sprawl and improve local environments. Around 40% of Scotland’s vacant and derelict land is concentrated in the Glasgow city region and its reuse for a range of uses is a key priority. Edinburgh has committed to building a significant share of future housing development on brownfield sites and progress is being made in Dundee to repurpose disused sites, including the creation of a new innovation park on the former Michelin site. A combination of incentives, investment and policy support for productively reusing brownfield land and buildings at risk will be required to steer development away from greenfield locations, whilst also acknowledging their biodiversity value and potential for urban greening. Public-sector led development can shape future markets and deliver development in places where change is needed the most and can deliver multiple benefits. Redevelopment should include, but not be limited to, housing development. By de-risking sites and taking an infrastructure first approach, this land can help to achieve a better distribution of new homes to meet our future needs. This will also reduce pressure in places where growth is no longer sustainable. Key projects include the Eden project on the sites of the former Dundee gasworks, and the redevelopment of Ravenscraig, a longstanding post-industrial site where new development, including improved transport connectivity, can bring new models of low carbon living at scale. To deliver productive places, Regional Spatial Strategies and Local Development Plans in this area should target economic investment and build community wealth to overcome disadvantage and support a greener wellbeing economy. This area has a diverse business base and is a key engine of growth for Scotland as a whole. There are many clusters of sites and businesses which form the basis of regional propositions for investment. In line with our aspirations to build a wellbeing economy, opportunities for investment and development should be designed to maximise economic, social and environmental wellbeing, rather than focusing on growth alone. A planned approach can help to target future development in areas of significant economic disadvantage so that new and better jobs are more fairly distributed to help address national, regional and more localised inequality.
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Part 3 – Annexes National Planning Framework 4 135 City and town centres The pandemic has brought obvious challenges for our city centres, but has also unlocked opportunities to take forward new models of working that could better support wellbeing and improve our places in the longer term. The continued growth of remote and local working and the creation of hubs within groups of settlements could significantly reduce the need to travel, whilst also helping to grow local businesses and communities. This raises significant questions for the future of city centres. Existing offices have the potential to be repurposed to achieve higher density mixed use neighbourhoods with a lower carbon footprint and require careful planning to ensure future communities are properly supported by appropriate services. Glasgow city centre, an exceptional asset and a primary location and cultural destination, has been significantly impacted by unprecedented changes in working patterns, service provision and the retail sector. Whilst these changes may not be sustained in the long-term, now is the time to accelerate work to diversify the city centre and invest in maintaining and re- using existing buildings so that it can evolve to be a more carbon conscious place. Existing connections mean the centre could sustain many more homes to meet a commitment to doubling the city centre population, revitalising places and creating a 24 hour city that is safe and open to everyone. Significant investment in schools, community services and greenspace will be needed to achieve this and more creative use of the public realm and a low emission zone will help to make this a safer and healthier environment for people of all ages. Innovative solutions, such as retrofitting energy efficiency measures to social housing across the city, could be extended to help improve the built fabric of the city centre’s commercial properties. Edinburgh has similar challenges and opportunities for positive change. High interest in investment and associated demand for new homes means that planning will need to help deliver sustainable development that supports the quality of life of existing and future residents. As a capital city with a World Heritage Site at its core, it will be crucial that future development takes into account the capacity of the city itself and its surrounding communities and makes the most of its exceptional heritage assets, places and cultural wealth. The City Centre Transformation Plan supports a move away from a car-based city centre to create a more liveable and attractive place to live, work and visit. The Forth Bridge is also an inscribed UNESCO World Heritage Site, and our rich industrial and cultural heritage remains apparent across the area. Dundee is well on the way towards reinventing itself through regeneration of the waterfront, unlocking strategic sites for new homes and new opportunities for innovation and economic development arising, such as the Michelin Scotland Innovation Park and at the port. Continued regeneration in this area, building on the city’s rich culture, sense of place and appetite to innovate will also contribute to the overall aims for this part of Scotland. The V&A will continue to be a focal point for this, evolving to become a National Centre for Design within this UNESCO City of Design. Town centres throughout this area will also play a critical role in driving a new economic future. The recent town centre review highlights opportunities to expand the range of services and facilities they offer, reuse redundant buildings and provide new homes for a wide range of people. This in turn will ensure their crucial role in defining our sense of place is protected and enhanced, future proofing a key asset for Scotland as a whole. Strategic sites Many business and investment sites are located along key transport corridors and new approaches may be required as investment transitions away from locations that can only be reached by car towards more accessible areas that are connected by low carbon and active travel options. The Clyde Mission will stimulate investment in sites along the Clyde to build a wellbeing economy and achieve a step-change in the quality of the environment for communities. This
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Part 3 – Annexes National Planning Framework 4 136 ambitious project will reuse extensive areas of vacant and derelict land in accessible locations and requires a sustainable approach to manage the future impact of climate change. Key sites extend from Greenock Ocean Terminal to Queens Quay, Tradeston, the Broomielaw and Glasgow City Centre, to Clyde Gateway – a longstanding regeneration project which has made exceptional progress in transforming communities and overcoming inequality. A national collaboration to support delivery of the project has significant potential to accelerate change, attract investment and achieve wider benefits for communities. The wider Clyde Coast, an iconic area rich in cultural heritage and natural assets, can be reimagined through collective efforts on regeneration in nearby coastal communities, such as Dunoon and Rothesay. The area’s accessibility by train and water means that it is an ideal location for low carbon tourism and leisure. Aligning with the Clyde Mission, the Ayrshire Councils are working together through their Ayrshire Growth Deal and Community Wealth Building programme to build economic resilience and address unemployment, poverty and inequality across their area, with town centres at the heart of communities. This includes proposals for advanced manufacturing and aerospace engineering which will make use of the existing infrastructure and investment opportunities available at Glasgow and Prestwick airports. Glasgow is already a centre of expertise for manufacturing satellites and will benefit from the associated development of a network of spaceports across the country, whilst supporting wider industry and employment. The Ardeer peninsula is also a significant site for redevelopment of the wider Ayrshire area. Hunterston is a strategic asset with deepwater access, where there are plans for new economic development and employment uses. Development of the site will need to take account of future vulnerability to climate change. A planned marine centre at Ardrossan will provide further opportunities. The Edinburgh City Region supports investment in significant clusters including the Bioquarter, Mid Fife, Dunfermline, Guardbridge St. Andrews, Galashiels, Cockenzie, Midlothian and the M8 corridor. A strategy for West Edinburgh is emerging which guides a wide range of uses to create a sustainable extension to the city, with added benefit from associated improvements to the quality of place of existing communities. Proposals focus on locating development on and around existing transport corridors and work is ongoing to improve accessibility including the Edinburgh tram extension. Further investment should take into account the impact of new development on potentially compounding existing capacity constraints and congestion, and prioritise sustainable choices. As the highest single source of industrial emissions in Scotland, and a key part of our future resilience and manufacturing base, continued investment at Grangemouth, and the strategic sites it includes, will be required. Plans are emerging for innovative industry in the Falkirk/Grangemouth Investment Zone, building on the area’s strengths in chemicals and making the most of strategic assets including the port and rail connection. There is great potential, not only to reduce emissions at the Grangemouth complex, but also to grow the cluster into a hub of low carbon manufacturing that can help unlock wider decarbonisation across the country, with its strategic location, infrastructure, assets and skills base. Opportunities include renewable energy innovation, bioenergy hydrogen production with carbon capture and storage, and repurposing of existing strategic and critical infrastructure such as pipelines. The skills, knowledge and experience that is currently situated there for the petro-chemicals sector is a prime resource for the transition to net zero. This can form a focal point in a wider masterplan for Forth Valley that brings together opportunities for energy with the circular economy to support wider investment in green economic opportunities. Coastal sites formerly used for baseload power generation – specifically Longannet and Cockenzie – benefit from existing assets and infrastructure that can be repurposed to form the basis of new proposals. At Cockenzie, work is ongoing to develop an opportunity for a Climate Evolution Zone to generate employment and
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Part 3 – Annexes National Planning Framework 4 137 provide essential infrastructure for net zero, linked with the potential to expand the new sustainable settlement at Blindwells, within the Greater Blindwells Development Area. There is scope to build on the strategic location and rail connectivity of Longannet to benefit local communities around this part of the Forth. There are further opportunities for a range of economic activities and investment in ports associated with a green economy at Montrose, Dundee, Rosyth, Burntisland, and Methil. The Levenmouth rail link will reconnect Leven to the mainline rail network with new stations at Leven and Cameron Bridge by 2024 subject to consenting processes. This will enhance the communities it serves and contribute positively to the lives of people who live there by unlocking access to social, cultural, employment and educational opportunity. The Tay Cities Region has a strong regional proposal for developing clusters of investment in research and innovation supporting a range of sectors in both urban and rural areas including life sciences, energy, digital, and food production. Perth is managing housing development in strategic development areas and transport infrastructure investment and the creation of a bus and rail interchange to support modal shift and establish a new gateway to the city. Work is underway to deliver local heat and energy networks, Perth West Regional Innovation Park and to make Perth the ‘Biodiversity Capital of Scotland’. Angus Council is progressing its Mercury Programme to support clean growth, low carbon transport and housing and agri tech which will contribute to future food security and reduce emissions. Key sites include Montrose Port, and the Angus Rural Mobility Hub in Brechin. Stirling is bringing forward new opportunities for innovation and investment, building on the city’s strong heritage and supported by the area’s educational institutions. Within Forth Valley, a National Tartan Centre, the Canal corridor, the Frontiers of the Roman Empire: Antonine Wall World Heritage Site, Ochil Hills and Whisky Trail create a unique heritage offering which will support local employment and strengthen the area’s sense of place. Tourism is a key theme in the emerging regional economic strategy for the Forth Valley and both the Falkirk Growth Deal and Stirling and Clackmannanshire City Region Deal. Ports Key ports in this area can play a central role in supporting the expansion of renewable energy, in particular offshore wind energy. It will also be important to make use of the infrastructure to reduce road haulage and secure a more sustainable freight sector which directly links to international markets. There are opportunities for enhanced cruise facilities for the Forth, as well as the Clyde where Greenock Ocean Terminal, supported by the Glasgow City Region Deal, can build on its role as a key gateway. There may be opportunities to make use of harbour facilities to support the marine leisure industry. Development of ports on the Firth of Forth will also need to take account of the potential for a substantial increase in freight and passenger traffic between Scotland and continental Europe, linked to the Scottish Government’s objective that Scotland should accede to the EU as an independent Member State at the earliest possible opportunity.
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Part 3 – Annexes National Planning Framework 4 138 South This area broadly includes Dumfries and Galloway and the Scottish Borders, South and East Ayrshires, South Lanarkshire in the west, with links to the Lothians towards the east. Priorities To deliver sustainable places, Regional Spatial Strategies and Local Development Plans in this area should protect environmental assets and stimulate investment in natural and engineered solutions to climate change and nature restoration, whilst decarbonising transport and building resilient physical and digital connections. This area’s forests and woodland are a nationally significant asset and its extensive peatland will need to support carbon storage and sequestration. The Borderlands Natural Capital Programme will develop trials and sector strategies to restore biodiversity, build resilience and make the most of the area’s natural assets to support climate change mitigation and adaptation. This will build on the successes of a range of nature restoration projects in the area, such as the Carrifran Wildwoods project. The UNESCO Galloway and Southern Ayrshire Biosphere is a crucial environmental asset which can contribute to the area’s future sustainability, liveability and productivity. The South of Scotland Regional Land Use Pilot is providing significant opportunity to work with landowners, landed interests and others to look at the multi-benefits from land use and to maximise natural capital opportunities. The South of Scotland is an important centre for renewable energy generation. Proposals for consolidating and extending existing wind farms and associated grid improvements and supply chain opportunities will require a carefully planned approach. The Solway Firth has significant potential for renewable energy generation in the future, but development will require careful planning given the sensitivity of the environment and its international importance for nature conservation. The area’s low carbon future will depend on supporting modal shift and reducing car use, given current dependence on the car and need to improve access to services, education and employment. Low emissions vehicles will only go some of the way towards addressing future challenges. Enhancing public transport and improving connectivity between communities in the east and west will help to support thriving and distinct communities. Public transport, including the bus network, will play an important role in decarbonisation and developing innovative solutions and linkages to the rail system. Active travel should be supported with wheeling, walking and cycling within and between towns and other communities linked to strategic routes for residents and visitors. This is important not only for local sustainability but also as a strategic attraction to take advantage of major outdoor recreation opportunities. There is also a need to secure better digital links to unlock the potential of rural living and home or hub working. The Borderlands Digital Infrastructure Programme will play a key role in supporting connectivity and responding to future technology and innovation. To deliver liveable places, Regional Spatial Strategies and Local Development Plans in this area should increase the population by improving local liveability, creating a low carbon network of towns and supporting sustainable rural development. Quality of life for people living in the area will depend on the network of settlements in the future and existing communities should form the basis of a tailored response to the local living concept. Town centres can be strengthened as they recover from the pandemic. New measures to build resilience to climate change will be required including flood risk management in key settlements. Housing provision will play a key role in supporting the area’s aspirations for economic development as well as in maintaining
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Part 3 – Annexes National Planning Framework 4 139 and growing a working age population. Decarbonisation of existing homes will be required, as well as a strategic approach to rolling out electric vehicle charging. Communities themselves will have a critical role to play in shaping their future development. The area is already investing in regenerating and future proofing its towns and wider communities. The Stranraer Gateway Project is an opportunity to consolidate and bring new impetus to regenerate this strategically located settlement. Plans include expansion of the marina, supported by the Borderlands Inclusive Growth Deal, and low carbon heating can be incorporated as part of the transformation of the wider town. Nearby Cairnryan is a crucial gateway to Scotland, with a need to make best use of existing connections. Regeneration innovation extends across the area. The HALO Kilmarnock project focuses on the reuse of vacant industrial land to create a low carbon community urban village, acting as an exemplar for innovative transformation of future places. The Ayrshire Manufacturing Investment Corridor project supports the economic generation of Kilmarnock and the wider region, whilst the CoRE (Community Renewable Energy) project in Cumnock seeks to explore, develop and provide solutions to energy supply and storage challenges in urban and non-urban areas, and to help in the development of a new, more flexible energy grid to complement existing power systems. To deliver productive places, Regional Spatial Strategies and Local Development Plans in this area should support local economic development whilst making sustainable use of the area’s world-class environmental assets to innovate and lead greener growth. The future sustainability of the area will depend on the creation of high quality and green jobs for local people. The local economy will need to diversify from its focus on land based industries (agriculture and forestry), to sustain a wider range of businesses and jobs. An emphasis on community wealth building will help to reduce dependence on public sector employment and a relatively low wage economy associated with rural and primary sectors. The current approach to investment focuses on strategic growth corridors linking economic hubs with transport routes. Whilst the strategic road network is an asset and contributes to the area’s connections north and south, a long- term strategy will require innovation and fresh thinking to ensure that future growth reflects our commitment to reducing greenhouse gas emissions and reducing inequality. The future growth of the east of the area aims to consolidate existing settlements, capitalise on the strong sense of place of its towns and ensure accessibility by locating new development close to the Borders Rail Line. The Borderlands Place Programme, Borderlands Natural Capital Project, future Regional Land Use Partnerships and other strategic initiatives can support an integrated approach to protecting and restoring the area’s natural assets, enhancing the built environment and achieving a greener, fairer and more inclusive wellbeing economy across the area. Employment opportunities can support population growth, help to retain more young people and transition the area away from its current dependence on low wage sectors. New ways of working, including remote working could attract more people to live here, supporting the economy and sustaining local services and facilities. This will also benefit from continued support for local skills development and centres of further and higher education including the Galashiels campus of Heriot Watt University and Glasgow University at the Crichton Campus, Dumfries. Significant investment sites include the former nuclear power station at Chapelcross which benefits from existing grid connections and is an opportunity to repurpose the land by establishing a green energy park that contributes to national ambitions and innovation. Low carbon accessibility will be a key challenge, as the site is remote from Annan and not served by public
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Part 3 – Annexes National Planning Framework 4 140 transport. Providing access to wider markets, the port at Cairnryan could create further strategic growth opportunities. The expansion of Tweedbank and an inclusive approach to economic development in the Central Borders and Tweeddale are also strategic opportunities. The area has aspirations to become a prime outdoor recreation and green tourism destination. Key projects include the South West Coastal Path, and projects supported by the Borderlands Inclusive Growth Deal; the Mountain Biking Innovation Centre at Innerleithen, updating the cycling experience and facilities at some of the 7stanes sites, and Destination Tweed which will deliver a multi-user path and cycle route from Moffat to Berwick upon Tweed. More could be made of the area’s border location and attractions to ensure visitors make better use of local services and support the economy and communities. The west of the area has a close relationship, and strategic connection to, Northern Ireland and Ireland via Cairnryan, as well as across the English border to Carlisle and onwards to European markets. The connection to Northern Ireland and Ireland is already a focus for freight movements as a result of EU Exit. In the east, the Scottish Borders has a role to play as part of the Edinburgh City Region, with the Borders Railway opening up new sites for sustainable development towards the north, and the south sustaining rural industries. Work is ongoing to assess the feasibility of extending the Borders Railway from Tweedbank to Carlisle.
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Part 3 – Annexes National Planning Framework 4 141 Annex D – Six Qualities of Successful Places 1. Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health Designing for: • lifelong wellbeing through ensuring spaces, routes and buildings feel safe and welcoming e.g. through passive surveillance and use of physical safety measures. • healthy and active lifestyles, through the creation of walkable neighbourhoods, food growing opportunities and access to nature and greenspace • accessibility and inclusion for everyone regardless of gender, sexual orientation, age, ability and culture • social connectivity and creating a sense of belonging and identity within the community • environmentally positive places with improved air quality, reactivating derelict and brownfield land, removing known hazards and good use of green and blue infrastructure 2. Pleasant: Supporting attractive natural and built spaces Designing for: • positive social interactions including quality of public realm, civic spaces, streets and ensuring a lively and inclusive experience • protection from the elements to create attractive and welcoming surroundings, including provision for shade and shelter, mitigating against noise, air, light pollution and undesirable features, as well as ensuring climate resilience, including flood prevention and mitigation against rising sea levels • connecting with nature including natural landscape, existing landforms and features, biodiversity and eco-systems, integrating blue and green infrastructure and visual connection • variety and quality of play and recreation spaces for people of all ages and abilities • enjoyment, enabling people to feel at ease, spend more time outdoors and take inspiration from their surroundings 3. Connected: Supporting well connected networks that make moving around easy and reduce car dependency Designing for: • active travel by encouraging more walking, wheeling and cycling together with reliable, accessible, public transport and shared transport hubs that allow for simple modal shifts • connectivity including strategic cycle routes, local cycle routes, footpaths, pavements, active travel networks, desire lines, destinations, permeability, accessibility and catering for different needs and abilities • convenient connections including local and regional interconnection, infrastructure, sustainable travel, interchange between public transport and active travel and supporting easy modal shifts in transport • pedestrian experience including safe crossing, pedestrian priority, reduced vehicular speed and noise, inclusive design and surfaces, assistive technology, reduced street clutter, catering for suitable vehicular parking and management of loading/unloading and deliveries and refuse collections
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Part 3 – Annexes National Planning Framework 4 142 4. Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted into designs to reinforce identity Designing for: • scale including density, building heights, massing, orientation, building lines and legibility • built form including mix of typologies, types, uses, sizes and tenures • sense of place including design influences, architectural styles, choice of materials and finishes, detailing, landscape design, active frontages and cultural context 5. Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience and integrating nature positive biodiversity solutions Designing for: • transition to net-zero including energy/carbon efficient solutions, retrofitting, reuse and repurposing and sharing of existing infrastructure and resources • climate resilience and nature recovery including incorporating blue and green infrastructure, integrating nature positive biodiversity solutions • active local economy including opportunities for local jobs and training, work spaces, enabling working from home, supporting community enterprise and third sector • community and local living including access to local services and facilities, education, community growing and healthy food options, play and recreation and digital connectivity 6. Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can meet the changing needs and accommodate different uses over time Designing for: • quality and function, ensuring fitness for purpose, design for high quality and durability • longevity and resilience including recognising the role of user centred design to cater for changing needs over time and to respond to social, economic and environmental priorities • long-term maintenance including effective engagement, clarity of rights and responsibilities, community ownership/stewardship, continuous upkeep and improvements Place Standard Tool and the delivery of successful places The Place Standard contains 14 themes that support the Six Qualities of Successful Places, providing a consistent framework to consider and to assess the quality of new and existing places. The Place Standard tool Design Version is specifically created to support the consideration of development planning and design within the framework of the 14 Place Standard themes and to deliver on the Six Qualities of Successful Places.
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Part 3 – Annexes National Planning Framework 4 143 Annex E – Minimum All-Tenure Housing Land Requirement This Annex sets out the Minimum All-Tenure Housing Land Requirement (MATHLR) for each planning authority in Scotland. This is to meet the requirement of Section 3A(3)(d) of the Town and Country Planning (Scotland) Act 1997, as amended. The MATHLR is the minimum amount of land, by reference to the number of housing units, that is to be provided by each planning authority in Scotland for a 10 year period. The MATHLR is expected to be exceeded in each Local Development Plan’s Local Housing Land Requirement. Local and National Park Authority MATHLR Aberdeen City 7,000 Aberdeenshire 7,550 Angus 2,550 Argyll & Bute 2,150 Cairngorms National Park 850 City of Edinburgh 36,750 Clackmannanshire 1,500 Dumfries & Galloway 4,550 Dundee City 4,300 East Ayrshire 4,050 East Dunbartonshire 2,500 East Lothian 6,500 East Renfrewshire 2,800 Eilean Siar 192 Falkirk 5,250 Fife (Central and South) 5,550 Fife (North) 1,750 All Fife* 7,300 Glasgow City 21,350 Highland 9,500 Inverclyde 1,500 Loch Lomond & The Trossachs National Park 300 Midlothian 8,850 Moray 3,450 North Ayrshire 2,950 North Lanarkshire 7,350 Orkney 1,600 Perth & Kinross 8,500 Renfrewshire 4,900 Scottish Borders 4,800 Shetland 850 South Ayrshire 2,000 South Lanarkshire 7,850 Stirling 3,500 West Dunbartonshire 2,100 West Lothian 9,850 * The total consists of Fife North and Fife Central and South. This reflects that Fife was formerly part of two Strategic Development Plan areas and contributed to separate Housing Need and Demand Assessments.
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Part 3 – Annexes National Planning Framework 4 144 Annex F – Glossary of definitions 20 minute neighbourhood A flexible approach to assessing our places against the concept of local living. A method of achieving connected and often compact neighbourhoods designed in such a way that people can meet the majority of their daily needs within a reasonable distance of their home preferably by sustainable and active travel methods. The principle can be adjusted to include varying geographical scales from cities and urban environments, to rural and island communities. Housing would be planned together with local infrastructure including schools, community centres, local shops and health and social care to significantly reduce the need to use unsustainable methods of travel, to prioritise quality of life, help tackle inequalities, increase levels of health and wellbeing and respond to the climate emergency. 4G 4G is the fourth generation of mobile phone technology, following 2G and 3G. 2G technology was suitable for making calls and sending text messages, while 3G makes it possible to access the internet more effectively through devices such as a mobile, tablet or laptop. It’s ideal for services that demand more capacity, like video streaming, mapping and social networking sites. 5G 5G is much faster than previous generations of wireless technology. 5G also offers greater capacity, allowing thousands of devices in a small area to be connected at the same time. The reduction in latency (the time between instructing a wireless device to perform an action and that action being completed) means 5G is also more responsive. Together these features make 5G highly relevant for industrial applications. The connectivity and capacity offered by 5G is opening up the potential for new, innovative services while mobile spectrum can be used in more effective ways. Affordable home/affordable housing Good quality homes that are affordable to people on low incomes. This can include social rented, mid-market rented, shared-ownership, shared-equity, housing sold at discount (including plots for self-build), self-build plots and low cost housing without subsidy. Agent of change principle Where an application is made for development which is likely to be affected by noise from existing development such as, but not limited to, music venues, manufacturing or industrial sites, large retail outlets, etc., the applicant is required to demonstrate both that they have assessed the potential impact on occupants of the proposed development and that the proposed design incorporates appropriate measures to mitigate this impact. Ancient woodland Land that has maintained continuous woodland habitat since at least 1750. Appropriate assessment Regulation 48 of The Conservation (Natural Habitats, &c.) Regulations 1994, as amended, requires an authority, before deciding to undertake, or give any consent, permission or other authorisation for certain plans or projects likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), to make an ‘appropriate assessment’ of the implications for the site in view of that site’s conservation objectives.
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Part 3 – Annexes National Planning Framework 4 145 Biodiversity The variability in living organisms and the ecological complexes of which they are part. This includes diversity within species, between species and of ecosystems (UN Convention on Biological Diversity, 1992). Blue economy The Blue Economy is sustainable use of ocean resources for economic growth, improved livelihoods and jobs, while preserving the health of marine and coastal ecosystem. Blue infrastructure Water environment features within the natural and built environments that provide a range of ecosystem services. Blue features include rivers, lochs, wetlands, canals, other water courses, ponds, coastal and marine areas including beaches, porous paving, sustainable urban drainage systems and raingardens. Brownfield Land which has previously been developed. The term may cover vacant or derelict land, land occupied by redundant or unused buildings and developed land within the settlement boundary where further intensification of use is considered acceptable. Buildings at risk register The Buildings at Risk Register (BARR) for Scotland (buildingsatrisk.org.uk) has been in operation since 1990 and highlights properties of architectural or historic merit that are considered to be at risk. Buildings at risk are not necessarily in poor condition, they may simply be standing empty with no clear future use or be threatened with demolition. Business and industry Business, general industrial and storage and distribution uses and smaller scale business uses such as home-working, live-work units and micro- businesses. Carbon capture utilisation and storage Carbon capture, utilisation and storage (CCUS) encompasses the methods and technologies used to capture the carbon dioxide generated by large- scale energy intensive processes, such as power generation and industrial processes, and transport that captured carbon dioxide for safe and permanent storage deep underground in a geological formation. In some applications, the captured carbon dioxide can be recycled and used to manufacture useful products, thus giving it economic value. Carbon-rich soils Organo-mineral and peat soils are known as carbon-rich soils. A peat soil is defined in Scotland as when soil has an organic layer at the surface which is more than 50cm deep. Organo-mineral soil or peaty soil is soil which has an organic layer at the surface less than 50cm thick and overlies mineral layers (e.g. sand, silt and clay particles). There is also a relatively rare group of soils in Scotland known as humose soils. These have organic rich layers with between 15 and 35% organic matter. These are mineral soils but also considered to be carbon rich. Carbon sequestration The long-term removal, capture, or sequestration of carbon dioxide from the atmosphere to slow or reverse atmospheric carbon dioxide (CO2) pollution and to mitigate or reverse climate change. Carbon sink A carbon sink is a natural or artificial reservoir that accumulates and stores CO2 for an indefinite period.
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Part 3 – Annexes National Planning Framework 4 146 Circular economy A circular economy is one that is designed to reduce the demand for raw material in products; to encourage reuse, repair and manufacture by designing products and materials to last as long as possible in line with the waste hierarchy. Climate change adaptation Climate change adaptation is about responding to the changes that we have seen in our climate over the last few decades, and preparing for the challenges that we will face as our climate continues to change. Climate change mitigation Climate change mitigation refers to efforts to reduce or prevent emissions of greenhouse gasses, which have a direct impact on global average temperatures, and reducing the current concentration of carbon dioxide by enhancing carbon sinks (for example, increasing the area of forest). Commercial centre Centres which have a more specific focus on retailing and/or leisure uses, such as shopping centres, commercial leisure developments, mixed retail and leisure developments, retail parks and factory outlet centres. Community A body of people. A community can be based on location (for example people who live or work in or use an area) common identity (for example a shared ethnicity, language, age) or common interest (for example the business community, amenity, sports, social or heritage groups). Community facilities Buildings or services used by the community, including community halls, recreation centres and libraries. Community hub A community hub is a multi-purpose centre, such as a community centre, medical centre or school, that provides a range of high quality and cost effective services to the local community. Community wealth building A people-centred approach to local economic development, which redirects wealth back into the local economy, and places control and benefits into the hands of local people. Conservation area Conservation areas are areas which have special architectural or historic interest that are considered worthy of protection. Their selection, assessment and designation is carried out by the planning authority. To be designated as a conservation area it must meet the criteria of ‘special architectural or historic interest the character or appearance of which is desirable to preserve or enhance’, as set out in Section 61 of the Planning Listed Buildings and Conservation Areas (Scotland) Act 1997.
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Part 3 – Annexes National Planning Framework 4 147 Cultural significance Cultural significance means aesthetic, historic, scientific or social value for past, present or future generations. Cultural significance can be embodied in a place itself, its fabric, setting, use, associations, meanings, records, related places and related objects. Cumulative impact Impact in combination with other development. That includes existing developments as appropriate, those which have permission, and valid applications which have not been determined. The weight attached to undetermined applications should reflect their position in the application process. Cumulative impacts (in the context of the strategic transport network) The effect on the operational performance of transport networks of a number of developments in combination, recognising that the effects of a group of sites, or development over an area may need different mitigation when considered together than when considered individually. Custom-build housing Where a person tasks a house builder to tailor a home to their preferences before it is built. Decarbonisation Reducing the amount of gaseous carbon compounds released by buildings, activities or operations. Deliverable housing land pipeline The expected sequencing of the Local Housing Land Requirement over the short (1-3 years), medium (4-6 years) and long-term (7-10 years), set out in the local development plan delivery programme. Deliverable land Land that is free from constraints or there is a commitment to overcome constraints, and development is able to be delivered in the period identified for the site within the Deliverable Housing Land Pipeline. Derelict land Previously developed land which is un-remediated and/or which has a constraint caused by its previous use which hampers its redevelopment or naturalisation. Design flood Magnitude of the flood adopted for the design of a site, usually defined in relation to the severity of the flood in terms of its return period. Ecosystem services The benefits people obtain from ecosystems. Egress (safe, flood free pedestrian access and egress) A route for the movement of people (not vehicles) of all abilities (on foot or with mobility assistance) between the development and a place of safety outwith the design flood level. Enabling development Enabling development is development that would otherwise be unacceptable in planning terms, but is essential, to secure the future of an historic environment asset or place which is at risk of serious deterioration or loss.
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Part 3 – Annexes National Planning Framework 4 148 Essential infrastructure Essential infrastructure includes digital communications infrastructure; telecommunications infrastructure; all forms of renewable, low-carbon and zero emission technologies for electricity generation and distribution and transmission electricity grid networks and primary sub stations; water and waste water infrastructure; and transport proposals and travel networks identified in the local development plan. Evidence report A supporting document to the local development plan. An evidence report summarises the evidence base for those proposals and policies set out in the development plan and demonstrates that appropriate consultation has been undertaken and regard given to the views of the community. Facilities for managing secondary materials Facilities where materials can be collected and sorted into the various component parts or consolidated into bulk quantities for re-use either in their original or an alternative function and for recovery. ‘Recovery’ means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. ‘material recovery’ means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling; ‘preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing. Flood The temporary covering by water from any source of land not normally covered by water, but not including the overflow of a sewage system. Flooding from all sources Includes: Watercourse /Fluvial Flooding – caused by excessive rainfall or snow melt within a limited period, which overwhelms the capacity of the watercourse or river channel, particularly when the ground is already saturated. It can also arise as a result of the blockage of a channel and/or associated structures such as small bridges and culverts; Pluvial Flooding – occurs when rainwater ponds or flows over the ground (overland flow) before it enters a natural or man-made drainage systems (e.g. a river or sewer/drain). It can also occur when drainage systems are at full capacity. It is often combined with sewer flooding and groundwater flooding; Sewer Flooding – occurs when the sewerage infrastructure has to deal with loads beyond its design capacity. This occurs most often as a result of high intensity rainfall events; Groundwater Flooding – occurs when the water table rises above ground level. In Scotland this is most commonly associated with the movement of water through sands and gravels, often connected to the rise and fall of river levels; and Coastal Flooding – occurs as a result of high tide, storm surge and wave activity raising the level of the sea above adjoining land.
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Part 3 – Annexes National Planning Framework 4 149 Flood risk The combination of the probability of a flood and the potential adverse consequences associated with a flood, for human health, the environment, cultural heritage and economic activity. Flood risk area or at risk of flooding For planning purposes, at risk of flooding or in a flood risk area means land or built form with an annual probability of being flooded of greater than 0.5% which must include an appropriate allowance for future climate change. This risk of flooding is indicated on SEPA’s future flood maps or may need to be assessed in a flood risk assessment. An appropriate allowance for climate change should be taken from the latest available guidance and evidence available for application in Scotland. The calculated risk of flooding can take account of any existing, formal flood protection schemes in determining the risk to the site. Where the risk of flooding is less than this threshold, areas will not be considered ‘at risk of flooding’ for planning purposes, but this does not mean there is no risk at all, just that the risk is sufficiently low to be acceptable for the purpose of planning. This includes areas where the risk of flooding is reduced below this threshold due to a formal flood protection scheme. Forestry and woodland strategy A strategy prepared by a planning authority either singly or in collaboration with other planning authorities, which sets out policies and proposals for the development of forestry and woodlands in their area, according to [section A159] of the Town and Country Planning (Scotland) Act 1997. Freeboard Freeboard is the difference between the design flood level and either the finished floor levels, solum level, or deck level of a specific development. It is a safety margin designed to allow for the uncertainties involved in flood estimation and physical factors that cannot be assessed and vary between sites e.g., post construction settlement and wave action. In many cases an adequate freeboard allowance is 600mm above the design flood level2 (in some situations a more detailed assessment of appropriate freeboard will need to be carried out). Gardens and designed landscapes The Inventory of Gardens and Designed Landscapes recognises sites where garden grounds and landscapes have been intentionally laid out for artistic effect which are of national importance. Their selection, assessment and designation is carried out by Historic Environment Scotland. Designed landscapes are managed primarily through the planning process by the appropriate planning authority. Green infrastructure Features or spaces within the natural and built environments that provide a range of ecosystem services. Green networks Connected areas of green infrastructure and open space, that together form an integrated and multi-functional network. Green recovery An economic recovery that helps us work toward net zero emissions in a way that is fair and that maximises the opportunities to deliver a thriving, sustainable economy. 2 In line with CIRIA Guidance C624 Development and Flood Risk – Guidance for the Construction Industry 2004.
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Part 3 – Annexes National Planning Framework 4 150 Green space Space, other than agricultural land, which serves a recreational or an amenity function for the public, or provides aesthetic value to the public such as areas of— (a) grass, (b) trees, (c) other vegetation, (d) water. Historic battlefields The Inventory of Historic Battlefields recognises sites where a nationally important battle took place, soldiers fought and died, and where significant military activities happened. Their selection, assessment and designation is carried out by Historic Environment Scotland. Battlefields are managed primarily through the planning process by the appropriate planning authority. Historic environment The historic environment is ‘the physical evidence for human activity that connects people with place, linked with the associations we can see, feel and understand’. Historic environment asset An asset (or ‘historic asset’ or ‘heritage asset’) is a physical element of the historic environment – a building, monument, site, place, area or landscape identified as having cultural significance. Historic marine protected areas Historic Marine Protected Areas are areas designated in Scottish territorial waters (0-12 miles) under the Marine (Scotland) Act 2010 for the purpose of preserving marine assets of national importance. These can be wrecks of boats or aircraft or more scattered remains, such as groups of artefacts on the seabed from a submerged prehistoric landscape. Their designation is carried out by Marine Scotland based on advice from Historic Environment Scotland. Huts A simple building used intermittently as recreational accommodation (i.e. not a principal residence); having an internal floor area of no more than 30 square meters ; constructed from low impact materials; generally not connected to mains water, electricity or sewerage; and built in such a way that it is removable with little or no trace at the end of its life. Huts may be built singly or in groups.
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Part 3 – Annexes National Planning Framework 4 151 Infrastructure first Putting infrastructure considerations at the heart of placemaking. For the purpose of applying the Infrastructure First policy, the following meaning of infrastructure will apply: • communications – including digital and telecommunications networks and connections; • existing and planned transport infrastructure and services; • water management – supply, drainage systems and sewerage (including flood risk management); • energy supplies/energy generation – including electricity and heat networks, distribution and transmission electricity grid networks, and gas supplies; • health and social care services – including both services provided in the community directly by Health Boards and services provided on their behalf by contractors such as GPs, dentists and pharmacists; • education – including early years, primary, secondary, further and higher education services; • green and blue infrastructure; and • spaces for play and recreation. Infrastructure investment hierarchy Scottish Government-wide common hierarchy to aid planning and decision- making, which prioritises enhancing and maintaining our assets over new build. See Infrastructure Investment Plan for Scotland 2021-22 to 2025-26 for further details. To support the Infrastructure Investment Plan and its Infrastructure Investment Hierarchy, also see ‘A guide to Property Asset Strategy in the Scottish Public Sector’ Just transition Ending our contribution to climate change in a way that is fair and leaves no one behind Landbank (construction aggregates) A landbank is calculated by a Planning Authority and is a means of gauging whether there is sufficient consented construction aggregates (sand/ gravel and hard rock) within their relevant market area, to avoid possible disruption and/or delays to supply. The calculation is primarily based on annual extraction figures, sales trends and the known reserves within existing consented sites. Lifeline links A lifeline ferry service required in order for a community to be viable. Listed building A listed building is a built structure of ‘special architectural or historic interest’. The term ‘building’ can be defined as ‘anything made by people’ such as houses, schools, factories, boundary walls, bridges and sculptures. Listing covers the whole of a building or structure including its exterior, interior and any ancillary structures within its curtilage (provided these were constructed before 1 July 1948). Their selection, assessment and designation is carried out by Historic Environment Scotland under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Listed Buildings are managed primarily through the Listed Building Consent process by the appropriate planning authority.
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Part 3 – Annexes National Planning Framework 4 152 Local authority supported affordable housing plan Plans or strategies for housing approved by a local authority e.g. Local Housing Strategy, Strategic Housing Investment Plan or future versions of such documents. Local housing land requirement The amount of land required for housing, as identified by the local development plan. The Local Housing Land Requirement (LHLR) is expected to exceed the 10 year Minimum All-Tenure Housing Land Requirement (MATHLR) set out in the National Planning Framework. Local housing strategy Local Housing Strategies were introduced as part of the Housing (Scotland) Act 2001 to widen the strategic and enabling role for local authorities in relation to housing in their area. The Local Housing Strategy (LHS) sets out the outcomes the Council and its partners want to achieve, and the actions they will take, to address housing need and demand in their area Local outcomes improvement plan A local outcomes improvement plan (LOIP) is produced by a community planning partnership (CPP), and describes its local priorities, what improvements the CPP plans for its local communities, and when it will make these improvements. The LOIP covers the whole of the council area that the CPP is responsible for. Locality plan A locality plan is produced by a CPP, and describes its local priorities, what improvements the CPP plans for its local communities, and when it will make these improvements. A locality plan covers a smaller area within a whole CPP area, or may also be produced for groups who share common interests or features, for example, young people leaving care or vulnerable adults. Locations of concern A location of concern has been defined as a specific, usually public, site that is used as a location for suicide and which provides either means or opportunity for suicide. Masterplan A strategic scheme within which a location is proposed to be regenerated or changed in order to meet a perceived challenge or strategic need. Masterplan consent area A masterplan consent area scheme can grant authorisation for the type of development set out in the scheme, within the geographic location (area) to which the scheme relates. In setting out the type of development that the scheme authorises, this can be either expressly specified or described as type of development that is specified in the scheme. Minimum all- tenure housing land requirement There is a statutory requirement for the National Planning Framework to contain targets for the use of land in different areas of Scotland for housing. To meet this, the National Planning Framework includes a Minimum All- Tenure Housing Land Requirement (MATHLR) for each planning authority in Scotland. The MATHLR is the minimum amount of land, by reference to the number of housing units, that is to be provided by each planning authority in Scotland for a 10 year period, as set out in Annex E. The MATHLR is expected to be exceeded in the local development plans Local Housing Land Requirement.
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Part 3 – Annexes National Planning Framework 4 153 Mitigation hierarchy The mitigation hierarchy indicates the order in which the impacts of development should be considered and addressed. These are: i. Avoid – by removing the impact at the outset ii. Minimise – by reducing the impact iii. Restore – by repairing damaged habitats iv.Offset – by compensating for the residual impact that remains, with preference to on-site over off-site measures. National transport strategy 2 The National Transport Strategy sets out an ambitious vision for Scotland’s transport system for the next 20 years. The vision is underpinned by four priorities: Reduces Inequalities, Takes Climate Action, Helps Deliver Inclusive Economic Growth and Improves our Health and Wellbeing, each with three associated outcomes. The Strategy sets out the strategic framework within which future decisions on investment will be made, including the sustainable travel and investment hierarchies. Nature-based solutions Nature-based solutions are actions to protect, sustainably manage, and restore natural and modified ecosystems that address societal challenges effectively and adaptively, simultaneously providing human wellbeing and biodiversity benefits. Nature network A Nature Network is a joined-up system of places important for wild plants and animals, on land and in water. It allows plants, animals, seeds, nutrients and water to move from place to place and enables the natural world to adapt to change, providing plants and animals with places to live, feed and breed. Effectively functioning nature networks will connect existing nature rich areas through habitat corridors, habitat ‘stepping stones’, or habitat restoration areas. Scotland’s Nature Networks will enable opportunities for achieving ecological connectivity that meet local priorities for biodiversity and nature; whilst building and strengthening an evolving regional and national connectivity. Opportunities for implementation may be identified through, e.g. LDPs and/or Local Biodiversity Action Plans and/or other existing or new mechanisms such as those developed under the Scottish Biodiversity Strategy Delivery Plan, to achieve connectivity within and across urban, peri-urban and rural landscapes. Negative emissions technologies Negative Emissions Technologies (NETs) are an emerging field of technologies that remove greenhouse gases from the atmosphere and utilising carbon capture and storage sequester them permanently. NETs can include forms of Direct Air Capture with Carbon Storage (DACCS), Bioenergy with Carbon Capture and Storage (BECCS) or other more experimental means such as enhanced weathering or biochar. NETs can be considered one form of Greenhouse Gas Removals (GGRs), which also includes natural sequestration methods such as afforestation. It can also be used interchangeably with Carbon Dioxide Removal technologies (CDR).
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Part 3 – Annexes National Planning Framework 4 154 Net zero Scotland has set a target to become ‘ Net Zero ‘ by 2045. This means the amount of greenhouse gas emissions we put into the atmosphere and the amount we are able to take out will add up to zero. Open space Space within and on the edge of settlements comprising green space or civic areas such as squares, market places and other paved or hard landscaped areas with a civic function Open space strategy An open space strategy is to set out a strategic framework of the planning authority’s policies and proposals as to the development, maintenance and use of green infrastructure in their district, including open spaces and green networks. It must contain; an audit of existing open space provision, an assessment of current and future requirements, and any other matter which the planning authority consider appropriate. Outdoor sports facilities Uses where sportscotland is a statutory consultee under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, which establishes ‘outdoor sports facilities’ as land used as: (a) an outdoor playing field extending to not less than 0.2ha used for any sport played on a pitch; (b) an outdoor athletics track; (c) a golf course; (d) an outdoor tennis court, other than those within a private dwelling, hotel or other tourist accommodation; and (e) an outdoor bowling green. Peatland Defined by the presence of peat soil or peaty soil types. This means that “peat-forming” vegetation is growing and actively forming peat or it has been grown and formed peat at some point in the past. Placemaking Placemaking is the process of creating good quality places that promotes people’s health, happiness and wellbeing. It concerns the environment in which we live; the people that inhabit these spaces; and the quality of life that comes from the interaction of people and their surroundings. Placemaking is a collaborative approach involving the design and development of places over time, with people and communities central to the process. Place principle All those responsible for providing services and looking after assets in a place need to work and plan together, and with local communities, to improve the lives of people, support inclusive and sustainable economic growth and create more successful places. Play sufficiency assessment A play sufficiency assessment is the assessment of the sufficiency of play opportunities for children in their area, carried out by a planning authority under the duty as set out in Section 7(5) Part 16D(1) of Planning (Scotland) Act 2019. The assessment forms part of the evidence report for the preparation of the Local Development Plan. Prime agricultural land & land of lesser quality that is culturally or locally important for primary use Prime agricultural land is that identified as being Class 1, 2 or 3.1 in the land capability classification for agriculture developed by Macaulay Land Use Research Institute (now the James Hutton Institute). However, for land of lesser quality that is culturally or locally important for primary use (i.e. for example food production, flood management, water catchment management and carbon storage), this value should be recognised in decision-making.
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Part 3 – Annexes National Planning Framework 4 155 Priority peatland habitat Peatland habitats can be divided into four broad classes (blanket bog, upland raised bog, lowland raised bog, and fen), depending on the types of plants that formed the peat. Priority peatland habitats are sub-sets of these broad habitats which have been recognised under the Scottish Biodiversity Framework as being important to protect for their conservation and biodiversity value. Protected characteristics The Equality Act defines the following as protected characteristics: • age • disability • gender reassignment • marriage and civil partnership • pregnancy and maternity • race • religion or belief • sex • sexual orientation Public benefits Public benefits as defined by the current Scottish Government policy on woodland removal. Ramsar sites Wetlands designated under the Ramsar Convention on Wetlands of International Importance. Remedial notice (forestry) A Remedial Notice is a notice issued by Scottish Ministers if it appears to them that a person has failed or is failing to comply with a condition on felling permission, a felling direction (including any condition imposed on it), a restocking direction (including any condition imposed on it), or a registered notice to comply. A Remedial Notice requires the person to take such steps or stop such activity as may be specified in the notice on order to comply with or otherwise give effect to the condition, direction or (as the case may be) registered notice to comply, and, to take steps or stop the activity within the period specified in the notice. Restocking direction A Restocking Direction is a notice issued by Scottish Ministers, in response to an unauthorised felling or a failure to comply with a continuing condition on a felling permission. A restocking direction requires an owner of the land on which the felled tree was located or the land to which the continuing condition relates, to stock the land in question. Recycling facilities Facilities for the purpose of recycling. Recycling means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations. It does not include nuclear reprocessing. Self-build housing Where a person builds their own house or appoints their own builder. Self-provided housing Includes self-build housing, custom-build housing and collective build housing.
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Part 3 – Annexes National Planning Framework 4 156 Setting Setting is more than the immediate surroundings of a site or building, and may be related to the function or use of a place, or how it was intended to fit into the landscape or townscape, the view from it or how it is seen from areas round about, or areas that are important to the protection of the place, site or building. ‘Setting’ is the way the surroundings of a historic asset or place contribute to how it is understood, appreciated and experienced. Scheduled monument Scheduled monuments are archaeological sites or monuments of national importance that are legally protected under the Ancient Monuments and Archaeological Areas Act 1979. Their selection, assessment and designation is carried out by Historic Environment Scotland who maintains the schedule. Works to Scheduled Monuments are regulated by Historic Environment Scotland through their Scheduled Monument Consent process. Short term let The use of a dwellinghouse (a residential house or flat) for rental by persons other than the owner for short periods and for financial or other remuneration. Typically includes properties advertised as being available for holiday let, although can apply to other situations. Strategic transport network Includes the trunk road and rail networks. Its primary purpose is to provide the safe and efficient movement of strategic long distance traffic between major centres, although in rural areas it also performs important local functions. Sustainable development Development that meets the needs of the present without compromising the ability of future generations to meet their own needs. (The Brundtland Definition. Our Common Future, The World Commission on Environment and Development, 1987). Sustainable investment hierarchy The National Transport Strategy 2 Sustainable Investment Hierarchy will be used to inform future investment decisions and ensure transport options that focus on reducing inequalities and the need to travel unsustainably are prioritised. We also need to focus on maintaining and safely operating existing assets, taking due consideration of the need to adapt to the impacts of climate change. Investment promoting a range of measures, including innovative solutions, to make better use of existing capacity will then be considered, ensuring that existing transport networks and systems are fully optimised. Only following these steps should investment involving targeted infrastructure improvements be considered. Sustainable tourism Sustainable tourism is defined by the United Nation World Tourism Organisation as “tourism that takes full account of its current and future economic, social and environmental impacts, addressing the needs of visitors, the industry, the environment and host communities.”
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Part 3 – Annexes National Planning Framework 4 157 Sustainable travel Sustainable travel includes travel by the top three modes in the sustainable travel hierarchy. It is recognised that in some locations, particularly in rural areas, where the top three modes have been judged as unfeasible for day to day travel, low emissions vehicles and shared transport options will play an important role. Sustainable travel hierarchy The National Transport Strategy 2 Sustainable Travel Hierarchy should be used in decision making by promoting walking, wheeling, cycling, public transport and shared transport options in preference to single occupancy private car use for the movement of people. The efficient and sustainable freight transport for the movement of goods, particularly the shift from road to rail should also be promoted. Town centre Centres which display: - a diverse mix of uses, including shopping; - a high level of accessibility; - qualities of character and identity which create a sense of place and further the well-being of communities; - wider economic and social activity during the day and in the evening; and - integration with residential areas. Town centre first The Town Centre First Principle asks that government, local authorities, the wider public sector, businesses and communities put the health of town centres at the heart of decision making. It seeks to deliver the best local outcomes, align policies and target available resources to prioritise town centre sites, encouraging vibrancy, equality and diversity. Town centre vision Towns and town centres are for the wellbeing of people, the planet and the economy. Towns are for everyone and everyone has a role to play in making their own town and town centre successful. Transport appraisal A Transport Appraisal should inform the spatial strategy by appraising the impact of the potential spatial strategy options on the transport network, in line with Transport Scotland’s Development Planning and Management Transport Appraisal Guidance. It should determine the potential impacts of development on the transport network and mitigation to address adverse impacts, how they will be funded and who should deliver these. This should inform the Proposed Plan.
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Part 3 – Annexes National Planning Framework 4 158 Transport assessment A Transport Assessment report should aim to provide supporting evidence to accompany the planning application to demonstrate that the development is sited in a location where current and likely future travel behaviour will produce a desired and predicted transport output. The Transport Assessment should provide information in a suitable form to enable the local authority and, if necessary, Transport Scotland to assess and determine the planning application, seek any changes to the proposal and devise necessary planning conditions or negotiate planning or other legal agreements. Travel plan A Travel Plan (TP) is a document that sets out a package of positive and complementary measures for the overall delivery of more sustainable travel patterns for a specific development. Their ability and success in influencing travel patterns is dependent upon the commitment of the developer or occupier of a development and the enforcement of travel plan monitoring by the local authority. Travel plans should be implemented to encourage a shift in transport mode for those travelling to and from a development. Unused or under- used land An area of land that is stalled awaiting development, or a pocket of land within neighbourhood that is not developed or cannot be developed for other meaningful use or does not have particular identified long-term use. Vacant land Previously developed land, without physical constraint, which the Planning Authority has indicated is currently available for redevelopment. Veteran tree A veteran tree can be classified as such due to age (including relative age for its species) or for its biological, aesthetic, or cultural interest. Veteran trees are usually mature and provide additional habitat from natural damage, environmental conditions or management (e.g. coppice, decay hollows, fungal fruiting bodies, cavities). Water compatible uses Comprise: - flood control infrastructure - environmental monitoring stations - water transmission infrastructure and pumping stations - sewage transmission infrastructure and pumping stations - sand and gravel workings - docks, marinas and wharves - navigation facilities - Ministry of Defence (MOD) defence installations - ship building, repairing, and dismantling - dockside fish processing and refrigeration and compatible activities requiring a waterside location - water-based recreation (excluding sleeping accommodation) - lifeguard and coastguard stations - amenity open space - nature conservation and biodiversity - outdoor sports and recreation and essential facilities such as changing rooms - essential ancillary sleeping or residential accommodation for staff required by uses in this category, subject to a specific operational warning and evacuation plan.
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Part 3 – Annexes National Planning Framework 4 159 Wellbeing economy Building an economy that is inclusive and that promotes sustainability, prosperity and resilience, where businesses can thrive and innovate, and that supports all of our communities across Scotland to access opportunities that deliver local growth and wellbeing. Wheeling Travelling by wheelchair. Woodland Land under stands of trees with a canopy cover of at least 20%, or having the potential to achieve this, including integral open space, and including felled areas that are awaiting restocking (replanting). The minimum area is 0.1 ha and there is no minimum height. World heritage sites World Heritage Sites are internationally important cultural and/or natural heritage sites which have been inscribed for their “Outstanding Universal Value”. Though no additional statutory controls result from world heritage designation, the impact of proposed development upon the outstanding universal value, including its authenticity and integrity of a World Heritage Site and its setting, is a material consideration in determining planning applications. Their assessment and designation is carried out by United Nations Educational, Scientific and Cultural Organisation (UNESCO) based on advice from State Parties and the relevant devolved Government.
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Part 3 – Annexes National Planning Framework 4 160 Annex G – Acronyms BARR Buildings at Risk Register BECCS Bioenergy with Carbon Capture and Storage CCS Carbon Capture and Storage CCUS Carbon Capture Utilisation and Storage CDR Carbon Dioxide Removal technologies CO2 Carbon Dioxide CoRE Community Renewable Energy CPP Community Planning Partnership CWB Community Wealth Building DACCS Direct Air Capture with Carbon Storage EIA Environmental Impact Assessment EU European Union GGRs Greenhouse Gas Removals HNZ Heat Network Zones HRA Habitats Regulations Appraisal HS2 High Speed 2 IGTZ Industrial Green Transition Zones IIP Infrastructure Investment Plan kv Kilovolts LDPs Local Development Plans LHEES Local Heat & Energy Efficiency Strategy LHLR Local Housing Land Requirement LOIP Local Outcomes Improvement Plan LPPs Local Place Plans MATHLR Minimum All-Tenure Housing Land Requirement MOD Ministry of Defence NETs Negative Emissions Technologies NPF National Planning Framework NPF4 National Planning Framework 4 ORIC Orkney Research and Innovation Campus ORION Opportunity for Renewable Integration with Offshore Networks PNCP Perthshire Nature Connections Partnership RSS Regional Spatial Strategies SDGs Sustainable Development Goals SEPA Scottish Environment Protection Agency TP Travel Plan UK United Kingdom UN United Nations UNESCO United Nations Educational, Scientific and Cultural Organisation
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© Crown copyright 2023 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.scot Any enquiries regarding this publication should be sent to us at The Scottish Government St Andrew’s House Edinburgh EH1 3DG ISBN: 978-1-80525-482-9 (web only) Published by The Scottish Government, February 2023 Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA PPDAS1221422 (02/23) w w w . g o v . s c o t
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i An Appraisal of the Conservation Areas in Helensburgh 2008
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Here Here our Victorian ghosts are captured in their legacies of stone, the grace and glamour of their dwelling places, from a time when affluence was no sin. Here wood is lifted from mundane plank and turned to filigree, to stairflight, warm and resonant, or a burnished cherub may bare polished buttocks on a newel-post. Here the mere stacking of stone, palewash, staggered russet bricks and stained glass that sieves sunshine into bright rugs of light, all become style far beyond function. Here perhaps the breaths of genteel words echo in rooms we now cherish and, in attics stolen from long-lost maids, small sighs escape for pleasure at our newfangled reverence. Catriona Malan 2006
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Foreword The Conservation Areas of Argyll and Bute are very special places. They give us firm connections with our past. They represent huge shifts in culture, ranging as they do from clachans and industrial villages to fine harbours and seaside resorts. In particular, Argyll is renowned for its planned towns. Inveraray is one of the earliest, with the other white-painted towns and villages of Islay coming soon afterwards. Most of the larger places such as Campbeltown, Lochgilphead and Tobermory were set out on a rigid street plan. Helensburgh, which was founded in 1776 and named after Lady Helen Sutherland, is perhaps the most rigid of them all, with a grid-iron pattern of streets covering almost a square mile. Although our Conservation Areas are gems that we want to keep safe they are also 21st century places where we live and work. It is essential that they do not become merely visitor destinations and romantic subjects for calendar pictures. It is not only their appearance that we must safeguard but also their character. So, every effort must be made to encourage our historic towns, seaside resorts and fishing harbours to retain their commercial viability, protecting the tranquillity of our leafy residential areas. Argyll and Bute Council is committed to preserving and enhancing the Conservation Areas in its care. It is the duty of every local authority to review its Conservation Areas from time to time. It is also best practice to have an appraisal document in place that provides a sound understanding of a designated area’s special historic and architectural character and appearance. We are working on a series of new Conservation Area Appraisals that will provide a firm basis for decision-making and help us plan for the future of our historic places, as well as set the scene for active Conservation Area management. The unique feature of the way we are developing the new Conservation Area Appraisals is that local communities take a central role in producing the appraisal document. I am delighted that Helensburgh Community Council and other Helensburgh groups have responded to the challenge of creating this, the first of the new appraisals. It is a piece of work of extremely high quality. My sincere thanks go to Helensburgh Community Council and in particular to Kathleen Siddle for bringing so many talents together in the Helensburgh Conservation Areas Group, to the Group for persevering to bring this exemplary work to fruition and to the people of Helensburgh for contributing to the document and actively getting involved in its production. This is Helensburgh's own Conservation Area Appraisal and it is also Argyll and Bute Council’s adopted supplementary planning guidance. I am sure that it will prove to be invaluable to the local authority and an inspiration to other communities, both in Argyll and Bute and elsewhere. Robert Macintyre, Depute Leader Argyll and Bute Council, Spokesperson for Economy, Environment and Rural Affairs May 2008 i
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Lady Helen Sutherland Sir James Colquhoun decided to name the town in honour of his wife, Lady Helen Sutherland, initially re- ferring to it as ‘My Lady Helen’s Burgh’. The name Helensburgh first appears in the parish reg- isters from 1785 and it was apparently in common us- age shortly after Lady Helen’s death in 1791. Portrait appearing in a book dated 1869 (artist unknown) Argyll and Bute Library Service ii
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Acknowledgements Warmest thanks go to everyone who helped make this Appraisal of the Helensburgh Conservation Areas a reality. Firstly, we are hugely indebted to the core Helensburgh Conservation Areas Group (HCAG) who did the necessary and enormous amount of research and subsequent writing; Alison Graham and Maggie Sheen from the Helensburgh Study Group, Sandy Kerr from the Helensburgh Heritage Trust and the Tree Conservation Trust and David Sinclair from the Helensburgh Community Council. HCAG understands that this may be the first time a community group has been charged by a local authority to produce an Appraisal of a Conservation Area. Sincere thanks are due to Jenny Carlile, the Conservation and Design Officer for Argyll and Bute Council, who initiated the setting up of this unique community project and kindly, and most tactfully, supported our endeavours. Thanks also to Pat McCann and Michael Davis of the Helensburgh Public Library: Pat for his help with the library display and Michael for his understanding and caring assistance each time a HCAG member needed it. In helping to illustrate this document, HCAG has been blessed with the enthusiastic and able assistance of other Helensburgh groups, particularly: ¾Helensburgh Photographic Club, most especially Jim Shimmins, HPC Secretary, who has given of his time and expertise so positively and courteously ¾Helensburgh and District Art Club ¾Helensburgh Writers Group ¾Lomond Primary School. Very many thanks go to all of them for their most valuable contributions which helped to bring our Conservation Appraisal document to life. Lastly, our very grateful thanks go to all the many people who made helpful comments on the Draft Document, enabling us to create this final Appraisal. Kathleen Siddle Chair HCAG and Secretary, Helensburgh Community Council iii
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Helensburgh’s two Conservation Areas The first Conservation Area which was designated in 1971 surrounds The Hill House. The second Conservation Area, designated in 1994, covers an extensive part of the town’s residential area but excluded the town centre. Both have been awarded “outstanding status” by Historic Scotland. iv
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Contents Page Poem Here Inside front cover Foreword i Acknowledgements iii Contents v List of Illustrations vii Introduction 1.1 Location and Function of Helensburgh 1 1.2 Designation and Planning context 1 1.3 Purpose of the Appraisal 2 1.4 The Appraisal process 2 Special architectural and historical interest - What makes Helensburgh special 2.1 Introduction 7 2.2 A place of paradox: an identity forged by chance 7 2.3 Special historic interest 8 2.4 Special architectural interest 9 2.5 The distinctive character 10 2.6 Design features and aesthetics 12 Helensburgh’s historic development 1776 – 1915 3.1 Introduction 15 3.2 Origins of the burgh 1776 – 1802 15 3.3 Causes of development and growth 16 3.4 The main phases of residential development 1803 – 1915 16 Development of Helensburgh’s townscape and built environment 4.1 Introduction 25 4.2 The topography of the site and its relationship to the street layout 25 4.3 Property and plot size, building density, distribution and orientation 26 4.4 Types of residential property 29 4.5 Architectural development from 1880 to the present 30 4.6 Building materials – walls and roofs 34 Page Streetscape, gardens and public spaces 5.1 Street trees 35 5.2 Plot boundaries and private gardens 40 5.3 Parks 43 5.4 The significance of Helensburgh's historic designed landscape 44 5.5 Traffic flow 46 Elements that detract from the overall character and appearance of the Conservation Areas 6.1 Introduction 47 6.2 Schedule of detracting elements 47 Managing change 7.1 Introduction 49 7.2 Cumulative effect of piecemeal change 49 7.3 Current development issues and the design of new-build 50 7.4 Maintenance of public and private property 50 7.5 Management of the public realm 52 7.6 Monitoring change 53 7.7 Other actions to be considered 54 Boundary reviews of the two Conservation Areas 8.1 Introduction 55 8.2 Boundary Issues 55 Conclusion 57 References and Bibliography 59 Appendices A. Listed buildings in the Conservation Areas 61 B. Tree Preservation Orders in the Conservation Areas 65 C. The Planning Context 66 D. Analysis of the Questionnaire responses 70 E Garden trees and their contribution to the streetscape 74 F. Possible boundary changes at Review stage 77 G. Ideas Generated by Consultation for Future Action 78 v
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© Crown copyright. All Right Reserved. License number 1000023368, 2007. vi
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List of Illustrations Lady Helen Sutherland Helensburgh’s two Conservation Areas Aerial Photo: Helensburgh Conservation Areas Helensburgh in its setting Some of the members of the Helensburgh Conservation Areas Group at work Exhibition in the Victoria Halls Four images of the Hill House contributed as part of local community involvement Exuberant architectural detail The arcadian character of Upper Helensburgh The Hill House and houses built by architects William Leiper and A.N. Paterson A place of distinctive character and architectural interest Urban / rural duality of East-West streets Map: The “Town of Maligs” from a survey of Luss Estates by Charles Ross of Greenlaw, 1774 Map: Design for the extension of Helensburgh by Peter Fleming 1803 Map: First Edition Ordnance Survey map Map: 1880 (Anon.) Maps: Second Edition Ordnance Survey map Autumn Colours (1) The Topography of the site Page Page ii Maps: Extracts from the First Edition Ordnance survey map iv showing layouts of houses and gardens within feus 27 vi Types of residential property 28 viii The Hill House 30 The old and the new 33 3 Autumn foliage in Argyle Street and Queen Street 35 4 Cherry trees in the spring in Lower Colquhoun Street 37 5 6 8 Cherry blossom in West Argyle Street Autumn colours (2) Walls, hedges, gates and gate-piers Garden settings 38 39 40 41 9 Hermitage Park 43 11 Street and garden trees 45 13 Cherry blossom 48 The recently-repaired Victoria Halls 51 14 The public realm - signage 53 Houses by A.N. Paterson outside the Conservation Areas 54 17 Mansion to East of Sinclair Street 56 18 Cherry Blossom 58 20 Garden trees and their contribution to the streetscape 74 22 Acknowledgements: front cover illustrations 80 23 Street map of Helensburgh and second edition 24 Ordnance Survey Map Insert vii
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Helensburgh in its setting Views South over the Clyde Estuary Helensburgh from the waterfront View out to the hills Top left & bottom left Jenny Carlile. Others: Jim Shimmins viii
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Introduction 1.1 Location and Function of Helensburgh and its Conservation Areas Helensburgh lies some 25 miles to the north west of Glasgow. The town’s situation, south facing over the Clyde estuary on gently sloping ground and sheltered by the surrounding hills, is extraordinarily benign. Contrary to original intentions, Helensburgh never became a manufacturing town so it was saved from the problems of post-industrial decay experienced elsewhere on the Clyde. It was, and still is, both a place to visit and a beautiful place in which to live. The main historic route into Helensburgh was the Dumbarton to Portincaple coaching route which runs along the shore and in the town centre becomes East and West Clyde Streets. The commuter railway line from Glasgow to Helensburgh also follows the shore-line and terminates in the town centre at Helensburgh Central Station. The two Conservation Areas are parts of a residential suburb reached by various roads running from south to north up the hill from the town centre. Sinclair Street is the principal of these north- south streets forming the “spine” of the town and linking Helensburgh with the A82 trunk road. Coming into town from this direction the motorist drives directly down from the open countryside, into the grid of walled and hedge-lined streets that form the basic structure for the two Conservation Areas. The main axis of Helensburgh’s historic residential developments is Colquhoun Street, one block to the west of Sinclair Street. This runs from Colquhoun Square at the retailing heart of the town centre up to the Hill House in the north, but is bisected by the West Highland Railway. This line meanders through the Upper Helensburgh Conservation Area, with a station on Sinclair Street. To the east of Sinclair Street, and separated from it by Hermitage Park and the Victoria Halls, is the gently curving Charlotte Street. Adjoining the town centre, the Conservation Areas are traditionally where any suburb of a town centre would be located. The difference is in their functional relationship. The wealth of the original residents living in what are now the Conservation Areas was created and acquired elsewhere, traditionally in Glasgow and in trading across the Empire. What are now the Conservation Areas served primarily as a suburb of Glasgow, not Helensburgh. Historically, the Town Centre has been a service centre both to the residents working outwith the town and visitors to the town. The development of properties within the Conservation Areas is therefore a signature of the fortunes painted on a much wider global context. This has given Helensburgh an underlying cosmopolitan thread to its culture. Helensburgh thus became a precious place. 1.2 Designation and Planning Context The first Conservation Area to be declared in Helensburgh was that surrounding The Hill House in 1971. A second, much larger area was declared in 1994. Both Areas have been accorded “outstanding” status by Historic Scotland. This Appraisal deals with both areas. Certain activities that would normally come under planning control are given exemption under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (Scottish Executive 1992b). Article 4 of that Order enables local authorities to request the Scottish Government to make a direction that certain categories of exemption will not apply within a specified area. Frequently, such application is made in respect of Conservation Areas. An Article 4 Direction Order is in place within The Hill House Conservation Area. 1
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Apart from the two Conservation Area designations, other important, legal considerations in the management of the areas include Listed Buildings and Tree Preservation Orders (TPOs). A list of the former is at Appendix A. Details can be found in the Register held in the local Public Library, on Historic Scotland’s website. Whilst all trees in a Conservation Area are protected as if they were under a TPO, some parts of the Conservation Areas are individually protected by TPOs. A full list of the TPOs is given at Appendix B. The main elements of the Scottish planning context and of the local planning context are set out in Appendix C. At the local level, planning policies are in a period of transition as, although the Structure Plan is approved, the Modified Finalised Draft Local Plan for Argyll and Bute is awaiting final adoption in the early part of 2009. 1.3 Purpose of the Appraisal Planning Advice Note 71 Conservation Area Management (Scottish Executive 2004) states on page 5 that Conservation Area appraisals “analyse what makes a place special and assists management in: defining and reviewing boundaries; developing opportunities and priorities for enhancement; assisting policy formulation; ensuring consistent decision making and supporting funding bids. An Appraisal is a management tool to enable the active management of Conservation Areas.” The purpose of an Appraisal of a Conservation Area is to set out a more detailed explanation of the special interest and changing needs of the area. It is intended to be “the basis for the development of a programme of action that is compatible with the sensitivities of the historic area and enables local authorities to fulfil their statutory duties to protect and enhance Conservation Areas”. Under the proposed new planning framework, all such documents will be supplementary planning guidance and regarded as a “material consideration” in reaching decisions. Conservation Area Management Plans are the next step after the appraisal. They provide guidance through policy statements to assist in the preservation and enhancement of the Conservation Area. This is a direct response to the Planning Act which places a duty on local planning authorities to formulate and publish proposals for the preservation and enhancement of its Conservation Areas. The Conservation Area Management Plan, taken forward by the Council as planning authority, will shape the long-term management strategy for Helensburgh’s historic built environment, bringing together the various services of Argyll and Bute Council in a corporate consensus, working together with other agencies operating in the town, the local community and other stakeholders. 1.4 The Appraisal Process As noted above under Acknowledgements, this may be the first time that a community group has been charged with producing an Appraisal of a Conservation Area. It is therefore ground-breaking in the way it links the professionals and experts of Argyll and Bute Council so closely with the Helensburgh community. The Appraisal process started back in late 2005 when Jenny Carlile, Argyll and Bute Council’s energetic Conservation and Design Officer came to a meeting of the Helensburgh Community Council (HCC) to talk to the members about the very special quality of the two Helensburgh Conservation Areas. Subsequently, Jenny invited HCC to liaise with other groups in the wider Helensburgh community with the purpose of undertaking an appraisal of the Areas. This action stems directly from the justification for policy LP ENV 14 of the draft local plan for Argyll and Bute. (See Appendix C) HCAG then mounted a public exhibition in the Victoria Halls of impressions of the Conservation Areas seen through the eyes of Helensburgh’s photographers, artists, writers and school pupils. 2
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This exhibition was organised to coincide with the publication of the draft Appraisal document. As well as being part of the exhibition, 150 copies of this Draft Appraisal were circulated widely within Helensburgh, including to representatives of the groups mentioned above and further afield to Argyll and Bute Council Officials, stakeholders and interested partners like the planners and developers, the utility and transport companies, Historic Scotland, the Scottish Tourist Association and the National Trust for Scotland among others. Background working papers were also made available. Feedback from this whole exercise was obtained by post-it responses at the exhibition, and from questionnaires seeking both quantitative and qualitative information. In addition, talks were given to the Helensburgh Photographic Club, The Helensburgh and District Art Club and the Helensburgh Writers Group, explaining the work of HCAG and inviting them to help illustrate the Appraisal document by contributing their interpretation of what the Conservation Areas mean to them. Lomond School, Hermitage Primary School and Hermitage Academy were also contacted and overall the response from each of these clubs, groups and schools has been tremendous. This part of the project involved discussing the work of HCAG with householders in the Conservation Areas and asking permission for their houses to be photographed or painted. Again, the response was wonderfully positive and through this process, the profile of the Conservation Areas, HCAG and the Appraisal continued to be raised in Helensburgh. Some of the members of the Helensburgh Conservation Areas Group at work. Kathleen Siddle (2006) 3
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The comments of all these groups, professionals and interested individuals have been an invaluable source of information which has fed this Appraisal document. An analysis of the responses is presented in Appendix D. We are fortunate in Helensburgh in having a large number of ac- tive voluntary organisations and groups. Representatives of sev- eral of these agreed to join the newly created Helensburgh Con- servation Areas Group (HCAG) and have proved very enthusiastic and helpful members. They have included representatives from the Helensburgh Community Council, the Helensburgh Study Group, the Helensburgh Heritage Trust, the Helensburgh Tree Conservation Trust and the Helensburgh Civic Society. The Helensburgh Community Council and HCAG members be- lieve that Public Consultation is a vital ingredient to the success of this project. Several mechanisms were put in train as work pro- gressed to create awareness and encourage involvement. These included: ¾letters in local newspapers ¾photographic display in the local public library ¾progress reports to local organisations ¾school visits and talks ¾contributions from creative clubs (arts, photographers and writers) ¾residents in the Conservation Areas were contacted for per- mission to photograph significant architecture and settings ¾advice sought from professionals with relevant expertise. In most cases, an invitation was given to readers to contact the Group for further details of the work of HCAG. HCAG has also given encouragement to community groups in Campbeltown and in Cove and Kilcreggan. We send our best wishes to both these groups and to communities in other areas who wish to produce their own Conservation Appraisal document. Exhibition in the Victoria Halls Jenny Carlile 4
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Four Images of The Hill House Contributed as part of local community involvement in the Conservation Area Appraisal process Sofia Perina-Miller James Spence Carrie Morrison, aged 11, Lomond School Neil Macleod 5
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Exuberant Architectural Detail Jim Shimmins (2006) 6
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Special architectural and historic interest - What makes Helensburgh special 2.1 Introduction This chapter explains why Helensburgh and its Conservation Areas are of importance both historically and architecturally. It shows why they have been awarded “outstanding” status by Historic Scotland. The Conservation Areas also need to be understood within the wider context of the town. What has evolved is complex. So, later sections in this chapter explore what gives the Conservation Areas such a distinctive and unique character. In addition to the guidance available from Historic Scotland, we have consulted work on the evaluation of heritage features by two state bodies in Australia - New South Wales Heritage Office 2001 and Government of Victoria Online. 2.2 A place of paradox: an identity forged by chance In Helensburgh there is a conjunction of apparent opposites (physically, socially and economically) that has produced a place of incomparable character that is not easily categorised. The following features of Helensburgh need to be borne in mind as being the context within which the Conservation Areas sit: ¾The community in Helensburgh is an independent-minded one. While the town of 15,000 people is within the governance of mainly rural Argyll and Bute it is also on the periphery of Greater Glasgow. ¾While the Conservation Areas may seem to form a suburb of Helensburgh town centre, historically they developed as dormitory areas for Greater Glasgow. ¾Although conceived as a place of manufacture for dispossessed farming communities on the Luss estate, Helensburgh became, ironically, a haven for the rich merchant and professional classes escaping the disease and foul air of the merchant city of Glasgow at the height of its prosperity. ¾Laid out in the austere age of the Enlightenment, the built environment emerged later at the tipping point to the start of the Romantic period when fashion permitted wealthy Victorians and Edwardians to indulge their architectural fancies. ¾Unusually, the suburb sustained the town centre, with upper Helensburgh residents providing the wealth gained in the city and across the Empire to sustain the artisans and the shopkeepers of lower Helensburgh. It became a socially divided town. ¾Known as the “Garden City of the Clyde” in the 1930s, Helensburgh predates the Garden City movement by half a century. (Sheen, M R 2007) ¾In the 20th century, more densely built housing areas were developed on the edges of the town. This has resulted in the Conservation Areas becoming more central, but still with clear views to hills and water and has created a striking disparity between the arcadian character of the Conservation Areas and the more dense form of the newer housing areas. 7
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The arcadian character of Upper Helensburgh Jenny Carlile (2006) 2.3 Special historic interest The development of Upper Helensburgh spans the period from the beginning of the 19th century to the early 20th century. The Conservation Areas reflect the changing styles and fashions of house and garden design over this period. They portray a past way of life, one that was experienced by the new, extremely wealthy middle class arising from the burgeoning world-wide trade that was centred on nearby Glasgow. Helensburgh’s earliest road pattern was set out on a grid, with feus allocated as rectangular (usually quarter-acre) plots. By the time much building had commenced changing fashion had led to an extraordinary conjunction of architectural styles, all set within this rigid grid. The urban-rural duality created by the large urban villas in extensive estate-like gardens creates much interest. Helensburgh is also significant in the context of the history of urban planning. Unlike other settlements, the wide-open streets and generous plots for large gardens offered a ‘breathing space’ not known in modern towns (Battrum, 1865). By 1865, Helensburgh was two thirds developed – well before the Garden City movement took off in the early twentieth century. The number of important people connected with Helensburgh, include technological inventors, famous artists, architects, poets and industry leaders and merchants. Helensburgh has been an important place of innovation, culture and the arts. Notable people associated with Helensburgh and district include: Inventors Henry Bell and John Logie Baird Scientists Lord Kelvin (William Thomson) Sir William Ramsay, Sir Joseph & Sir William Hooker and Sir James Frazer Writers & Poets A.J. Cronin, Neil Munro & WH Auden Actors & Entertainers Jack Buchanan & Jimmy Logan Architects & Artists Charles Rennie Mackintosh A.N. Paterson, Burnet & Leiper 8
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In particular, the work of the Glasgow Boys and Girls - especially Charles Rennie Mackintosh and Margaret MacDonald Mackintosh - has put upper Helensburgh on the world scene as a place of great artistic and stylistic achievement that influenced generations of 20th century artists and designers. 2.4 Special Architectural Interest “Upper Helensburgh has a unique collection of turn-of-the- century villas, including one of the great houses of 20th century architecture” (Walker, F. 2000). The Helensburgh Conservation Areas are interesting architecturally because they demonstrate the evolution of domestic architecture for the increasingly wealthy middle class during the middle and latter half of the 19th century and early 20th century. The lower slopes of Helensburgh were developed first, with successive streets added to the grid pattern, or occasionally sweeping off into a more fashionable crescent or a wide sweep to accommodate the coming railway, up the side of the estuary as time progressed. This pattern of development has resulted in a progression of architectural styles - from early Victorian to Edwardian - moving up the hill. Unlike the earlier, more strictly planned towns such as Inveraray or Port Charlotte (Islay), there is an eclectic mix of styles here. Architectural references range from the Greek, Italian, French and Gothic to the Scottish Baronial and the English “half-timbered” or “Shavian” look. Battrum notes in 1865 that even the earlier villas of the “cottage order” offer “every variety of design and size of construction, though of late years taste has run more in erection of mansions of a large and handsome appearance”. While the former would have been holiday homes for the most part, these latter would have been more permanent residences made possible by the new railway connection to Glasgow. Top: The Hill House by Charles Rennie Mackintosh (1902) Middle: Longcroft by A.N. Paterson (1901) Lower: House by William Leiper (1871) Jim Shimmins (2006) 9
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The extraordinary mixture of styles continued during the whole period including decorative Edwardian additions to Victorian Houses of an earlier and plainer design. Libraries and billiard rooms were fashionable additions of this later period. Charles Rennie Mackintosh and Baillie Scott, two significant architects of world-wide standing designed houses within the Conservation Areas. A.N. Paterson and William Leiper, local architects with national reputations built and extended numerous houses here. (For a more detailed analysis of buildings and their architects, grouped according to the main development phases see Chapter 4 Development of the townscape and built environment, in particular sections 4.3 - 4.5, page 26) 2.5 The Distinctive Character A significant part of the character of the Conservation Areas lies in the spatial arrangement, and in the extraordinary contrast and variety, which is harmonised within a unifying framework of repeating patterns in the streetscape. It is in the coming together and in the resolution of opposing characteristics rather than in some singular or outstanding element that character and ‘sense of place’ have been forged. The overarching pattern: Informal elements within a formal structure The most striking aspects of Helensburgh are the grid pattern of its layout, the south-facing residences set in spacious grounds and the broad tree-lined streets running north-south and east- west. This formality of structure – the linearity of the street plan and the imposing design of the later mansions is tempered by many organic elements. Far from being anonymous, each street has its own character, and each block its own unique conjunction of distinctive residences set in large grounds. There is thus a repeating pattern that never (in the detail) exactly replicates itself and offers constant variety. In travelling from one point to another, the route need never be the same. With only minimal restrictions at the time of building, both architecture and streetscape have made for individual exuberance that is, nevertheless, constrained by the overarching grid structure. The grid itself therefore has acquired the imperfections of those things organic which lend both character, identity, and appeal. The tranquillity of much of the two Conservation Areas is an essential part of their character and enables enjoyment of the attractive and varied streetscapes by all who choose to wander round. Streetscape: The Urban – Country Park The grid pattern and regimented street tree planting are very urban in character. Yet where one might anticipate a monument, grand building or statue, the vistas looking both east and west lead surprisingly to the hills framed by avenues of trees and foliage and the grass verges, which give a romantic, country park feel. Cherry trees predominate in the streets, providing a festive appearance in the spring that is praised by Japanese visitors and bright leaf colour in the darker days of autumn. Repeating patterns that unify and lend a sense of harmony and character are the low sandstone walls and hedges (often privet mixed with wild species like hawthorn) on the northern boundaries of East-West streets offering glimpses into leafy drives 10
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up to mansions. In contrast the high stone-walls of the southern boundary of East-West streets when viewed from the road, often have a distinctly urban mews character with their outbuildings and tradesmen’s entrances. The species planted and the designs created for gardens are not necessarily spectacular (other than the garden at the Hill House which has recently been reinstated to its original design) but for the most part they generally reflect 19th and 20th century fashion. The Feus: Urban Mansion – Country Park Estate While the style of the houses varies from plain Victorian to decorative Edwardian, most are essentially quite suburban (apart from the earlier cottage-style residences), yet the contrasting spaciousness of the setting is evocative of a country estate. The placing of the villa or mansion within its rectangular plot generally seeks to create a country house atmosphere, with long and winding tree-lined driveways leading to imposing entrance porches. Garden fronts and lawns look south, offering sea views framed by trees and shrubs. Coach houses, gardeners' cottages, laundries and other subsidiary buildings are tucked away round the back of the plot. This results in a distinctive character to the streets that run east-west. On the north side of these streets, mature trees and shrubs offer only occasional glimpses of buildings that are guarded by imposing gates and gate piers, while on the south side of these streets there are the high stone walls of ancillary domestic offices and kitchen gardens. A place of distinctive character and architectural interest Decorative Edwardian additions to a plainer Victorian House A long, curving drive through Gardens planted for pleasure Queen Street, looking west, with leafy drive- ways leading up to south-facing mansions on one side but with a harder, more urban character on the other. Top: David Sinclair 2007. Others: David Sheen 2006 11
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Some mansions placed on the corners of the grid arrangement take advantage of the extra length of drive made possible by a main gate set in the side (north-south) street. Helensburgh’s uniqueness and its vulnerability Helensburgh has acquired a distinctive character and style of its own. Although the grid within which the houses are placed is rigid, the style of the houses themselves was never planned. Nevertheless, what has emerged, the patterns within patterns, embodies a design logic that has proved relatively robust. The area remains remarkably intact. There are now many pressures, both social and economic, acting upon the area. Mansions have been divided into apartments and new houses built in extensive gardens. Unlike some historic built environments there is ‘space’ enabling the area to absorb, at least to some extent, the expanding needs of a modern age. How far adaptation to modern living can be accommodated without destroying the historic features and distinctive character is fundamental to the preservation of its distinctive and very special character and appearance. This Appraisal will serve to inform decision making in the future. Furthermore, the Management Plan, to be prepared by the Council, will bring together everyone involved in managing, maintaining and changing the character and appearance of the Conservation Areas and help us to preserve - and enhance - this very special place. 2.6 Design features and aesthetics The Conservation Areas are noted for their aesthetic appeal. Indeed it is the landscape architecture (the geometric structure of the grid contrasted with the freedom of the infill) rather than any individual villa that gives rise to the aesthetic appeal and to the essence of place. In assessing these, we have been influenced by the work of Christopher Alexander (Alexander, C. 1979). The notable degree of unity in the landscape architecture of the Helensburgh Conservation Areas comes from the dominance of some features, balance in others and in repetitions of contrasting elements. Unity in the Conservation Areas comes from the: ¾tight, but not immutable grid structure ¾repetition of the tree-lined streetscape ¾positioning of houses to the north side of properties and facing south ¾use of sandstone (grey and red) and slated roofs ¾high stone walls on the northern boundary of properties ¾hedges and low stone walls along other boundaries Contrast arises from the: ¾garden settings of urban villas ¾eclectic style of villas and mansions ¾later additions in contrasting architectural styles ¾later make-overs introducing new materials ¾influences of the Arts and Crafts movement ¾urban/rural contrast on E-W streets, the country park feel looking north and the urban aspect looking south. Dominance comes from: ¾linearity ¾vertical line of the built environment, including building height and fenestration. Balance is achieved by: ¾proportions and scale of buildings ¾the ratio of house to large garden 12
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Urban / rural duality of East-West Streets [Note the urban nature on the south side of the street and the rural character of the north] Looking East Looking West David Sheen (2006) 13
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The ‘Town of Maligs’ from a survey of Luss Estates by Charles Ross of Greenlaw, Map held in Helensburgh Public Library 14
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Helensburgh’s historic development 1776-1915 3.1 Introduction Helensburgh’s outstanding historic townscape was developed as a planned new burgh on a superb site on the north shore of the Clyde estuary. It evolved through successive phases of planning and development from the start of the last quarter of the 18th century, throughout the whole of the 19th century up until the outbreak of the First World War. Despite the serious economic problems that subsequently arose in Glasgow and around the Clyde Estuary, some further development of a similar, but more restrained character, continued in the inter-war period and two notable houses, “Ballytrim” and Green Park (both now listed) were built in the 20th century. The two designated Conservation Areas cover only the suburban part of town that developed from around 1840 onwards. In order to fully understand the development of these Conservation Areas it is important to consider the historical development of the town as a whole. Furthermore, the review of the Conservation Areas will require an appreciation of the historic context in which they sit and we need to assess whether current designations are sufficient for the protection of Helensburgh’s built heritage and streetscape. Hence, this section and the working paper on which it is based cover the historic development of the burgh as a whole from 1776 onward. 3.2 Origins of the burgh 1776-1802 The development of the burgh was initiated around 1776 by Sir James Colquhoun (26th Baronet of Luss and 1st of GB) and continued by his direct descendents. The land, sited on the north shore of the Clyde estuary, had previously been owned by the Clan MacAulay of Ardencaple Castle to the west (now demolished), whose family roots and ownership of land are documented in historical records going back to the 13th century. They had sold it in 1705 to Sir John Schaw of Greenock, whose daughter in turn sold it to Sir James Colquhoun in 1752. Feus for building purposes were first advertised in 1776 and a particular aim was to encourage cottage industries, primarily different forms of textile manufacture. It is thought this was intended to provide employment for crofters displaced by the introduction of sheep farming, known to have been in progress on the Colquhoun estates from at least 1769. The income from the feus granted would also contribute to the annual income of the estate. The introduction of sheep and the establishment of new towns and villages were typical actions undertaken by estate owners of the era in order to promote economic improvement. In the event, early development was slow, with apparently only 17 houses on plots feued by 1794. The attempts to introduce textile production failed in contrast to the growth of textile industries elsewhere in the Clyde area. The main occupations in practice are thought to have been subsistence farming, fishing and related activities such as milling, malting, blacksmithing, cooperage (for herring barrels) and distilling. Nevertheless, the intent to continue with planned development remained. Sir James Colquhoun decided to name the town in honour of his wife, Lady Helen Sutherland, initially referring to it as ‘My Lady Helen’s Burgh’. The name Helensburgh first appears in the parish registers from 1785 and it was apparently in common usage shortly after Lady Helen’s death in 1791. 15
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The 1791-1799 Statistical Account of Scotland (Sinclair, Sir J. 1799. ed.) records for the Parish of Row, presumably referring to Helensburgh, that there is “…one village in the parish, lately built, which contains about one hundred souls”. This was sufficient to justify a petition by Sir James for the Burgh Charter, granted by King George III in 1802. 3.3 Drivers of development and growth The development of the Burgh occurred in successive phases through a combination of formal planning, controls and chance. The main drivers of demand for villas and other accommodation in Helensburgh were the fashion for sea water cures in the early 19th century and the demand for summer residences in an attractive, healthy environment away from Glasgow. The successive phases of economic development of Glasgow and the Clyde Estuary throughout the 19th century, the consequent growth of the business and professional classes, and the developments in transport made Helensburgh increasingly accessible from further afield: 1809 Coaching services had commenced by this date and substantial coaching inns were built to provide accommodation to travellers. 1812 PS Comet, the first commercial steamship in Europe, started service between Glasgow and Port Glasgow; shortly afterwards to Helensburgh also. The Comet was designed and commissioned by Henry Bell, innovator, proprietor of the Baths Inn and first provost of Helensburgh. 1816 Pier of basic construction put up on the site of the present pier. 1834 Grant of ground for the improvement of the pier. 1841 Glasgow – Greenock railway opened leading to rail/ steamer services to Helensburgh 1858 Glasgow – Helensburgh railway line opened. 1882 Craigendoran steamer terminal opened. 1894 West Highland Railway opened. The main population growth (referring to permanent residents as opposed to the large number of summer residents and visitors) spanned 50 years from 1831-1881. During this period, the population rose from 1,170 to 7,893 permanent residents. The start of the fastest period of growth coincided with the building and opening of the Glasgow-Helensburgh railway in the 1850s. The expansion then began to tail off, with a population of 8,529 recorded in the census of 1911. 3.4 The main phases of residential development 1803 - 1839 The 1803 Design for the Extension of the Town of Helensburgh, (Fleming, P. 1803) surveyed and planned by Peter Fleming, a young Glasgow surveyor (born 1783 and emigrated to Canada in the 1820s), shows a substantial scheme for the development of a planned town and also existing properties on the shore road (Clyde Street). This Helensburgh scheme predates Fleming’s map and planning scheme for Glasgow City Council, commissioned in 1806, published in 1807. The smaller properties with close packed buildings are shown close to the current town centre; the four larger properties with detached buildings are further out, round the East Bay. Although the area proposed for development was an attractive estuary site, access was not particularly good, even by the standards of the time, Glasgow was at least six hours distant by 16
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Design for the extension of Helensburgh by Peter Fleming – 1803 Map held in Helensburgh Public Library Detail showing feus 17
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horse drawn transport and sea access was by sailing boat in a tidal estuary with a shallow shoreline. The area of ground planned out measured approximately 1.4 miles (2.25 km) along the shoreline and extended nearly one third of a mile inland (0.5 km). The area covered by the plan, with reference to existing streets, is: West One block beyond Sutherland St. North Montrose St East Six blocks East of Adelaide St, at which there was a change of angle of the crossways streets related to the curving shoreline On the west side, the plan extends considerably beyond the 1802 burgh boundary which followed the line of Glennan Burn. The planning principles applied were those of a grid layout with broad streets. The square-ish blocks of the main grid were divided up into feuing lots – 16 per block of about 2 acres. From later maps, it appears that the original block layout was followed quite closely in the early phase of development, but the plots feued were often larger than the basic units, and the shapes frequently do not follow the plot boundaries as drawn. The street width is shown as a uniform 60 ft between the plot boundaries around the blocks and this was actually followed in the street layout up to, and including, Montrose Street. The 60ft includes any pavements or verges made then or at a later date. Orderly and spacious town plans were common in Scotland in the late 18th and early 19th centuries following James Craig’s layout of 1768 for Edinburgh’s New Town. According to a directory of 1834, there were 217 householders in the area of which 126 offered lodgings from 1 to 14 rooms. Publications from 1830 – 1842 refer to a row of whitewashed houses or cottages fronting the beach with villas behind. This is supported by a map in the Atlas of Scotland, Dunbartonshire (Thompson, J. 1832). The properties were said to have been built solely or chiefly as sea-bathing quarters, the summer homes of Glasgow’s merchant class. 1840-1859 This period may be regarded as the first phase of Helensburgh’s Victorian villa developments. Development in the first half of this phase preceded the direct rail connection from Glasgow but there was a rail/steamer service via Greenock that took around 1½ hours. The rapid population growth from 1851 to 1861 indicates that the construction and opening of the Glasgow – Helensburgh railway in 1858 had a marked effect on Helensburgh’s popularity as a place to live among the business and professional classes. The parts of the grid that were laid out and probably largely populated at this time extended up as far as the original burgh boundary at Millig Street. There were some other properties constructed further out along Sinclair Street / Luss Road. By the time of the first Ordnance Survey map (surveyed 1860, published 1865), villas had already been built on sites between Millig Street and Queen Street. The following description was published in 1846 (Hawkstone- Hutton and Gorrie, 1846) “Helensburgh….has rapidly grown into importance as a fashionable watering-place, and a favourite resort of families of distinction during the summer months. The town is regularly built, and consists partly of one principal street, extending along the shore for more than a mile, and intersected at right angles by numerous other well-formed streets. The houses are of handsome appearance, and interspersed with pleasing villas having grounds tastefully laid out; the surrounding scenery, also, is agreeably diversified…. There are two commodious hotels 19
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Map of 1880 (Anon. 1880) held in Helensburgh Library Showing the curved roads introduced by Spence’s proposals of 1857. Even by 1880, some of these remained on paper only, and not all were implemented. 20
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with several inns, and also numerous lodging houses for the accommodation of visitors. On the shore, at the east end of the town, is a spacious and well-arranged building (ie the Baths Inn, now Queen’s Court, East Clyde Street), containing hot and cold baths, with every requisite appendage”. While the lines of the early 19th century grid and similar block sizes were continued up the hill, the street layout and block sizes start to depart from the original pattern in the developments north of Argyle Street. The main features are the dog-leg in John Street, the break in Stafford Street and the five rectangular blocks of about 3½ – 4½ acres in the vicinity of the Glennan Burn and John Street. The distance between plot boundaries across Stafford, Millig and Upper John Streets is significantly less than the standard 60ft width of the main grid. The major variation occurred to the east of what is now Sinclair Street where a large area was feued to form the Hermitage Estate and other large blocks to the east of Sinclair Street including Lansdowne Park (demolished about 2004, redevelopment pending) and Chapel Acre (demolished and site redeveloped). The first Ordnance Survey Map of 1860 shows that these blocks contained very few buildings and the ground appears to have been mostly private parkland and woodland. In 1857 William Spence (1806-1883), an architect practising in the west of Scotland and Ulster, was commissioned to draw up a further proposed feuing plan (Spence, W. 1857). He had previously designed Rhu Parish Church (1847) and had feued sites for 16 houses along West Montrose Street, on one of which he built his own home, Ardlui House (demolished). The Spence design introduced curves and crescents into the Helensburgh street plan, notably Sutherland Crescent to the west and King’s Crescent lower down to the east, below the line of a former beach cliff. 1860-1879 The majority of plots developed to the west, east and north (up to the West Highland Railway) in the 1860s and 1870s are estimated to be half, one or 1½ acres in area. The grid of two acre square-ish blocks was continued up the hill north of Queen Street between Colquhoun Street and Sinclair Street but on either side, it gave way to rectangular blocks, the long axes of which run across the slope. This is thought to be part of the Spence design. The plots continued to be feued for the purpose of building detached dwellings and their associated outbuildings. They generally ran between two parallel straight streets or between the inner and outer curves of the crescents. (Osborne, B.D. C.1912). The main villa developments of this phase took place north of Queen Street, in the Sutherland Crescent area to the west and on the east side of Alma Crescent (now Charlotte Street). The architect William Spence is said to have feued a substantial block of building land to the north of Abercromby Street in 1875 (Osborne, B.D. C.1912). Development was started on part of the Hermitage Estate, in particular the original Hermitage School (opened 1880, demolished 1977), Prince Albert Terrace on Victoria Road and the Victoria Halls (1887). The remaining grounds are now Hermitage Park. 21
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It appears that the commercial centre of the town was also substan- tially redeveloped during this period and up to World War 1 (WW1) (1914-18). A number of gap sites were filled with later tenements, of- ten on an urban scale (in the Glasgow style), with a building stone that contrasted with earlier neighbours. 1880-1915 The block dimensions of the 1803 grid design were continued be- tween Sinclair Street and Colquhoun Street up to West Dhuhill Drive, the last blocks to the north being determined by the curve of Sinclair Street/Luss Road and the earlier properties of Dhuhill (mid 19th cen- tury) and Dhuhill House (1847). Colquhoun Street, the main axis of the whole development, was continued right up to the burgh’s north- ern edge at what is now the Blackhill Plantation. The further development of the north side of Rossdhu Drive took off in the early 1880s, although the first plots were subsequently reduced in size by the cutting of the West Highland Railway. It appears that the typical large, pale sandstone Victorian villas, immediately on the north side of the West Highland Railway, were the last of their type to be built in the burgh (c.1883). From 1880 onward, the main development was of individually com- missioned large villas on large plots north of the West Highland Rail- way, with other plots developed to the east and west plus some va- cant plots on existing streets. So, at a time when population growth was slowing, the villa developments were particularly low density and high prestige. There was a marked change of taste and fashion in architecture and interior design with the uptake of the ideas and prac- tices of the English Arts and Crafts movement and a return to earlier Scottish roots with the Scottish Renaissance styles. Autumn colours (1) Jim Shimmins (2006) 23
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The Topography of the Site Houses on raised beach (Kings Crescent) Milligs Burn running through Hermitage Park Jim Shimmins (2006) 24
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Development of Helensburgh’s townscape and built environment 4.1 Introduction This section sets out to summarise the development of the built environment from 1803 to the present day. However, this forms only part of the picture. The contribution of the planting of street trees in the grass verges, the broad grass verges themselves, the characteristics of plot boundaries, private garden grounds and public green spaces are major aspects of the townscape and crucial elements of its character. These topics are covered in Section 5. Formal planning and controls were exerted on the built environment by Sir James Colquhoun of Luss (26th Baronet of Luss and 1st of GB) and his successors as landowner and feudal superior. After the granting of the Burgh Charter by George III in 1802 the administration of the town became the responsibility of the Town Council, although the Colquhoun family remained involved. As the Burgh expanded, the Colquhoun family was asked from time to time to grant land for various development purposes. The Colquhouns also built bridges at their own expense in order to facilitate expansion of the town. 4.2 The topography of the site and its relationship to the street lay-out Helensburgh’s street grid has been superimposed on a landform of gently sloping beach terraces punctuated by steeper slopes, the remnants of raised beach cliffs. The elevation change between the shore and the top of Helensburgh at The Hill House is 300ft. Quoting Roberts 2002: “As the ice melted and ran out into the seas, the sea level rose. The land, relieved of its burden of ice, was uplifted. This happened intermittently causing a series of changes in the relative levels of land and sea. The result is a terrace of beach deposit, inland of the present shoreline, and raised beach cliffs. Lower Helensburgh from King Street seawards and the Ardencaple estate are on the former beach terrace……. Walking up Sinclair Street or Colquhoun Street you will come to a steep bit between King Street and Argyle Street, which represents the cliff, at Queen Street is another steep bit and just above the Highland railway is another.” The Glennan and Milligs Burns have cut into this post-glacial landform, particularly at the steeper sections. These burns are not a major feature of the townscape as they largely run through private property or between plots, except for Hermitage Park which has a section of the Milligs Burn. They may in places be seen from street bridges and the trees on their steep banks form a green corridor. In the lower part of the town, the burns are largely built over. There are a number of other, much smaller watercourses, largely out of public view. One axis of the original grid runs approximately north north-east up the slope from the estuary shore while the other lies across the slope, following the natural contours and more or less parallel to the shore. Some lateral streets such as Millig Street are built on beach terraces; in other cases there has probably been some infill to provide the fairly level roads. Some of the irregularities in the street grid are due to the underlying landform e.g. the steep slope above Kings Crescent. 25
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The result of the use of a grid lay-out on south facing, sloping ground is the highly effective exploitation of the site to provide exceptional vistas both from many properties (where not now obscured by trees) and down many of the streets sloping towards the Clyde. A number of the lateral streets provide fine views of farmland and heather clad hills in the surrounding area. The shoreline (outside the current Conservation Areas) has been extensively modified starting with the building of the Dumbarton to Portincaple road in the 18th century. Subsequent development has included the construction of the Helensburgh and Craigendoran piers, the esplanades on the East and West Bays, reclaimed land around Helensburgh pier, retaining walls, groins and the outflows of storm drains on the foreshore. 4.3 Property and plot size, building density, distribution and orientation According to Battrum’s Guide (1867), although the development plots in Helensburgh were originally to be sold off in quarter acre feus it was not long before variety began to creep in, with some people buying double plots to build small mansions. Also, the street layout became less rigid as time went on and development encroached further and further up the hill. Historically, in very general terms, the density of development reduced the higher up the hill it was. Broadly speaking: ¾Pre 1860, the very large grounds feued were adjacent to the Glennan Burn, and between Sinclair Street and the Milligs Burn, e.g. Hermitage Estate estimated at about 27 acres; Lansdowne Park, Chapel Acre, Burnbrae and Westburn of 3 to 4 acres (referring to the first O.S. map). ¾In general, the later phases of development, even including the inter war period, are characterised by larger plot sizes of ½ or 1 acre and a more uniform building line along the slope. Feuing conditions required that buildings be a minimum of 20 ft from the plot boundary, although in practice outbuildings were still constructed along rear boundaries. ¾Moving up the hill, the great majority of properties face southwards towards the estuary. To the south, between Argyle Street and the sea front, the conditions and pattern of feuing permitted a higher density of development and variety of types and uses of buildings. This was the area covered by the original development plan of 1803. However, the first Ordnance Survey map about 60 years later suggests that the ground sold off was not always in multiples of the plots shown on the 1803 plan. Development occurred at different stages and there was considerable infill in the late 19th century. For example, the terraced town houses of Glenan Gardens and other properties in that block almost surround the two much earlier houses built on the two acre square. As the villa developments spread up the hill, villas were generally positioned to exploit the sloping ground and views over the lower town and the Clyde Estuary. They were often positioned towards the rear of the plots resulting in terraces of detached villas all facing in the same direction. The different types of boundary, entrance, architectural character (often vernacular in style at the rear), building stone of the house walls and finish of the stone comparing the front and rear of the properties means that there is a marked contrast between the south and north sides of many of the lateral streets. This is a distinctive feature of Helensburgh’s townscape. 26
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Extracts from the First Edition Ordnance Survey map showing layouts of houses and gardens 27
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Types of residential property Prior to mid 19th century Mid 19th century – early 1880s Top: Allan Carrie (2006) Others: Jim Shimmins (2006) Post 1880s 28
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More specifically, the Conservation Areas fall into three zones in terms of building density, plot size and street lay-out: 1) The main grid south of the West Highland Railway and west of Sinclair Street. This in turn has higher density lower down the hill and lower density higher up but without a distinct break between the two (Upper Helensburgh Conservation Area). 2) The area east of Sinclair Street comprising a few dense blocks lower down, the areas originally developed as large properties in particularly large grounds, mid to late Victorian, Edwardian and post Edwardian villa developments, typically on plots of half an acre or larger (Upper Helensburgh Conservation Area). 3) Mostly Edwardian and post Edwardian period villas on large plots (The Hill House Conservation Area). 4.4 Types of residential property This section provides a summary of property types grouped according to the main development phases. 1776 – mid 19th century ¾Georgian, Regency and early Victorian plain 3-bay villas, stone or whitewashed stone ¾1½ storey houses, sometimes whitewashed but often left with the local sandstone exposed; cottage or vernacular character with dormer windows but often spacious e.g. 7 or 8 apartment. ¾Single storey cottages with or without attics, mostly outside the current Conservation Areas. Mid 19th century – early 1880s ¾Main period of Victorian villa development typically two full storeys in height and with increased use of imported blonde sandstone, at least for front façades, from the late 1850s. Wash-houses and outbuildings are often of vernacular style ¾The more prestigious properties were individually commissioned from reputed architects. At the start of this phase, the favoured styles for domestic architecture were Classical, Italianate, and Tudor revival. Early 1880s – WW1 (1914-1918) ¾Mostly villas were individually commissioned; others were built in small groups by the same architect/developer. Scots Baronial gave way to the Arts and Crafts movement, the buildings of which could have either Scottish or English architectural references, and sometimes both ¾Infill terraced development occurred on larger plots and redeveloped sites in the lower town and on Hermitage Estate e.g. Prince Albert Terrace, Victoria Road; Glenan Gardens; properties on West King Street. These have architectural features typical of Scottish Victorian town developments of 1880-1900 but are an anomaly in the setting of Helensburgh’s period villas. A number of earlier villas were extended during this phase, often in a contrasting architectural style. The Inter-War Years (1918-1937) ¾Mostly detached villas influenced by the English Arts and Crafts style or with Art Deco influences e.g. window design. 29
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4.5 Architectural development from 1880 to the present The large properties of 1880-1915 The first listed building in the Arts and Crafts style dates from c1881 and the great majority of villas that followed were influenced by major proponents of the Arts and Crafts movement (e.g. R. Norman Shaw and Charles Voysey) and their Scottish counterparts such as Robert Lorimer, who was a leading figure of the progression from the Scots Baronial revival to a style of house building based on vernacular architecture The architects were almost all Scottish. The White House, Upper Colquhoun Street, one of only two commissions in Scotland by the English architect M. H. Baillie Scott, is the exception. Three architects, resident in the Burgh, William Leiper, A. N. Paterson and Robert Wemyss (who trained with Leiper), were responsible for the majority of large villas of the late Victorian/Edwardian and post Edwardian periods. Prominent Glasgow firms accounted for others. Leiper and Paterson both designed houses for themselves. Leiper built Terpersie (1871); Paterson built first a group of villas at Rowallan Street / Millig Street (1895) and then Longcroft in West Rossdhu Drive (1901). In this group of houses may be found both Scottish and English historic architectural references (sometimes both in the same building), building traditions and materials. The majority borrow from early English building styles, including timber framing, and many of these have red rosemary tiled roofs rather than local or Ballachulish slate. These houses provide the setting of, and a counterpoint to, two important buildings that introduced new ideas. By far the more radical of these is The Hill House (Mackintosh) which is Scottish in its architectural references rather than the White House (Baillie Scott) which is very English. The Hill House (1902), Charles Rennie Mackintosh’s most important commission for a private house, was built on one of the most prestigious sites for the publisher Walter Blackie. The client explicitly rejected the English styles (Cairney, J. 2004). “...I told him [i.e. CRM] that I didn’t like red-tiled roofs, brick and plaster with wooden beams – I preferred roughcast for the walls and slates for the roof….” The Hill House Jim Shimmins (2006) 30
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The use of the site, its position at the highest point of Colquhoun Street, the nature of the boundaries of the property and the contrast with the other large villas nearby all serve to increase the impact of The Hill House. The Inter-War Period (1918-1937) Despite the depressed economic situation in the west of Scotland and the impact of the stock market crash of 1929, some further development of individual villas took place, for example on ½ - 1 acre plots on West and East Lennox Drives and at the west end of Millig Street. Most are modest compared to the pre World War 1 buildings. However, there are two listed villas: ¾Ballytrim, Arts and Crafts, 1926 (Sinclair Street, (upper end) ¾Green Park, Art Deco, 1935 (Charlotte Street, on the site of a Victorian villa destroyed by fire) Most of the other villas built in these decades were more modest but still substantial. Bell systems and maids’ quarters indicate a segment of society that still used domestic service, often live-in, on a daily basis. This largely disappeared with World War 2. Developments and changes after WW 2 (1945) Relatively little change occurred in the inter-war period affecting the period properties and streetscape of the villa developments in upper Helensburgh. However, the Second World War was a turning point. The economic and social conditions after WW 2 appear to have depressed overall demand for larger properties, not least because of the demands of upkeep on a daily basis. By this stage, many properties were already 100 years old and many had roofs in poor condition requiring major repairs. Some villas were subdivided, mostly into upper and lower conversions. As a result, external side and rear staircases, built to provide separate entrances, are now common. The design of some villas permitted partitioning to give adjoining dwellings. In other cases, outbuildings have been converted and added to. Examples of this exist on Sinclair Street, James Street and Queen Street. Modern infill and adjacent housing estates Accelerating changes in the region during the 1960s and 1970s resulted in an influx of people living on the newly-built estates on the outskirts of town, depressed prices of old houses due to lack of mortgage availability (affordable to buy but not to maintain) and new, affordable timber-framed houses, with mortgage availability. The inflation of new house prices over this period, together with the availability of plots within the feus of larger properties, led to a considerable amount of infill over a relatively short period of time. These houses, typically detached bungalows, may be found to the front, to the side or to the rear of the original villa, depending on the shape of the plot and the position of the original house within it. From a heritage and architectural point of view, it is the property built in front gardens that intrudes most on the historic streetscape. New build in the grounds of a villa can lead to a loss of integrity of the villa. A villa is a house set within its own designed garden, the two being inter- connected and together create a particular character. By altering one, you affect the other. From a planning perspective, the 1995 Dumbarton District Wide Local Plan (West Dunbartonshire Council 1999) is informative: 4.57 “Within both Conservation Areas covering Helensburgh pressures for house/or plot sub-division have in the past sometime created an alien architecture with inferior designs poorly related to their surroundings which have in certain locations detracted from the area’s character”. 31
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Concerns over infill are commonly expressed on several counts: ¾over-development ¾pressures for house subdivision ¾pressures for plot subdivision ¾alien architecture ¾inferior designs ¾location as a key factor Such concerns are further validated by the list of more specific aspects collected from people, both familiar with or visiting the area (fresh eyes) – see Appendix D. The impact of the modern houses is thus three fold: ¾architectural: types of structure, style and building materials ¾building density and spatial relationships ¾loss of garden ground and plantings. While it would be interesting to map the degree of densification and to assess the visual impact street by street, such a survey is beyond the scope of this Appraisal. There is evidence and some comfort that densification has been contained. Period from 1980s to the present Although damaging, the period of rapid development in the 1970s was relatively short-lived as measures were taken by Dumbarton District to counter the problems. The 1995 Local Plan (West Dunbartonshire Council 1999) stated that: “An Interim Policy Statement was introduced in 1980 for Upper Helensburgh the policies of which were incorporated in revised form in Local Plan No. 2 and the whole area subsequently designated as being within a Conservation Area. Since the introduction of these policies, there has been a marked improvement in the layout and design of development in terms of plot size and the provision of an independent frontage compatible with those of neighbouring properties. The aim of the policies to secure adequate plots has generally been successful in ensuring ‘town cramming’ of a townscape notable for having large house plots, does not occur. The above policy also requires that the design of such new-plotted development also complements the prevailing architectural features and preserves the character of the area. The continued implementation of these policies covering the Conservation Areas within Helensburgh is considered necessary to retain the townscape features of the town”. The strictness of these planning policies, while stemming much that was undesirable during the 1970s still produced some perverse effects in the siting of houses on plots. While obeying the rules, some new buildings do not respect the overall “pattern”. For example, where three large executive houses have been built on the site of a former mansion when two would have been better. While each house sits on the required area of land the addition of one extra house disrupts the pattern and character. Policies which have now been in operation for 20 years have held at bay what could have turned into a major disaster. Over this period, other new build has continued but at a much reduced rate due to scarcity and the elevated price of any land for sale. Generally more up-market “executive-style” houses, not bungalows, have been built which have been much more, though by no means entirely, sympathetic to the Conservation Areas. Only two of the modern houses are noted as being of architectural merit (Walker, F.A. and Sinclair, F. 1992.) – Bowhouse, East Argyle Street (architect, Tony Vogt) and 40A Charlotte Street (architect, John McIntyre). 32
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The Old and the New There has been a considerable amount of infill over a rela- tively short period of time. It is the property built into the front gardens that has the most impact upon the special qualities of the Conservation Areas. Top: Jim Shimmins; Left: Andy Boag; Right: Michael Blake (2006) 33
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Housing Estates Modern housing estates built on green field sites now flank The Hill House Conservation Area: around Blackhill Drive, on the north side of Kennedy Drive, around Sinclair Drive and, to the east of the Milligs Burn, the Glade Estate. In some places, screening between the historic and modern developments is poor. The relatively small development at Chapelacre Grove, largely tucked away off East Abercromby Street and occupying the site of the 19th century Chapel Acre House and its extensive grounds lies within the Upper Helensburgh Conservation Area. The scale of its detached houses and its block of flats reflects that elsewhere on the Conservation Area but the open-plan nature of its gardens and other open space contrasts strongly with the enclosed character of earlier houses in the vicinity. 4.6 Building materials – Walls and Roofs Walling stone A unifying characteristic of Helensburgh is the extensive use of local sandstone, typically reddish, pink or a warm pale grey in colour, which was extensively used for boundary walls and as a walling stone (Roberts, A. 2002). It was also used for the gable ends and backs of houses where the main façade is imported fine sandstone (to reduce cost). Some of the older houses and cottages are also of local stone, as is the West Kirk (1858) - except for the fine quoins, sills and mullions which would have been brought in from elsewhere. Rubble was obtained from local conglomerate for which there were numerous small quarries in lower Helensburgh at one time. This was used to fill the spaces between uneven building blocks cleaved from the local sandstone. Some properties (even later ones such as The Hill House) were built of local stone and harling. Red sandstone was imported from Bonhill, Arran (by sea) and Dumfriesshire. Once the Glasgow-Helensburgh railway was opened for goods traffic in 1857, building stone could be brought in more cheaply from further afield. The more extensive use of a younger, pale honey coloured sandstone from the Glasgow quarries probably dates from this time. This stone was used for the Municipal Buildings, the Victoria Halls and residential properties in the upper west end. Roofing materials A second unifying feature is the extensive use of local slate from a large former slate quarry at Clynder and smaller ones in the vicinity of Rhu. These may be coloured purple, or grey-green. Similar slate from Luss and Aberfoyle is indistinguishable. Ballachulish slate, darker and more uniform than the local slate, may be observed on later properties, including The Hill House. It may also have been used in the re-roofing of buildings that predate the railways. Clay tiles were used only in Arts and Crafts style buildings as roofing or wall cladding materials. Tiles and bricks were all imported due to the lack of suitable local clay. 34
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Streetscape, gardens and public spaces 5.1 Street trees Introduction A notable feature of Helensburgh is the extensive and mature plantings of avenues of trees that enhance the broad streets and their grass verges. The street tree plantings reinforce the grid layout, because they follow its form, and also soften its effect. The street trees both contrast with and complement the extensive plantings of trees and shrubs in private garden grounds. They provide continuity across the boundaries between public and private space, leading into wider vistas. Deciduous species and cultivars predominate, in particular ornamental, flowering species. Most streets are planted with a single type of tree. In others, two species alternate and, in others, still a wider range of species was planted. This provides variety in the streetscapes with a change in character from street to street, coupled with seasonal variety and great seasonal interest throughout the year. Much of the street tree planting is within the current Conservation Areas. However, there are important avenues of street trees that are partly or wholly excluded from the current Conservation Areas: ¾Argyle Street, south side ¾King Street, west and east sections beyond the commercial centre ¾Princes Street, west and east sections beyond the commercial centre Autumn foliage in Argyle Street Autumn foliage in Queen Street Jim Shimmins (2006) 35
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History of the street trees The history of street tree planting may be summarised as follows: Pre 1860 Even prior to the major systematic plantings from the early 20th century onward, it is likely that some property owners did plant trees outside their gardens on the verges that they were responsible for maintaining. The 1860 Ordnance Survey map indicates that tree planting along plot boundaries was common. In a few instances there appear to be lines of trees just outside plot boundaries. 1860 A public meeting called for trees to be planted in the streets (Noble, S.N. (ed) 2002). 1883 There is a record of “broad and carefully trimmed ribands of turf betwixt the sidewalks and the carriageway, several [of which] are planted, boulevard fashion with small trees “. (Dingwall, C. 2002). 1910 – 1970s There was planned planting of street trees with records of the work undertaken. A major phase of tree planting was initiated in 1910, the driving force being town councillor, Dr J. Ewing Hunter. This approach was subsequently continued by Mr A. Campbell and Mr T. A. McColl, Parks Superintendents (McColl, T.A. 1972) up until the early 1970s. They were largely responsible for the extensive plantings of cherry trees. Tree planting was also continued in the post WW2 developments. 1970s – 2001 Helensburgh Burgh Council ceased to exist in 1975 due to the reorganisation of local government. The neglect of the street trees appears to date from this point. 2001 By this time many street trees had reached maturity or passed their prime, leading to a need for remedial action and a renewal programme. A number had died leaving gaps that had not been filled. The Helensburgh Tree Conservation Trust was founded to promote public awareness of the importance of the street trees and stimulate action to conserve and enhance them. 2003 Donald Rodger Associates did a professional survey (dated Nov 2003) for the Helensburgh Tree Conservation Trust. Detailed information and accompanying maps (scale 1:10,000) were recorded for 1829 trees. The assemblage covers 103 species and varieties. 2005 A Helensburgh Street Trees Management Plan was prepared by Donald Rodger Associates for the Helensburgh Tree Conservation Trust. This sets out actions required over the next 30 years in order to manage and renew this outstanding asset of the town. The tree population is ageing and is at risk without such a renewal programme. 36
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Cherry Trees in the Spring Painting by Neil Macleod 37
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Prunus Hisawara East & West Argyle Street & Lower Colquhoun Street with later plantings in Upper Colquhoun Street. Prunus Tai-haku East & West Princes Streets Prunus padus Watereri East King Street Prunus Daikoku Henry Bell Street Prunus Ukon Lower Sutherland Street Prunus Yoshina East Abercromby Street Prunus avium Campbell Street & George Street Prunus Oku Miyaku Upper George Street Prunus Shirofugena Stafford Street Prunus cerasifera Pissardii James Street & Cairndhu Avenue The elevation change of 300 ft means that there is a difference of approximately 1 week between the shore and the top of the town in the opening of the blossom. The progression of the pink blossom up the hill is a particular feature of Colquhoun Street in spring. Cherry blossom in West Argyle Street Jim Shimmins (2006) Street tree plantings – particular features The first major avenue to be planted appears to have been the silver birch trees lining West Montrose Street, dating from 1910. This has long since become an impressive avenue of stately trees. Outstanding among Helensburgh’s ornamental flowering trees are the cherry trees. At their peak with the spring blossom, they also provide an attractive green summer canopy and impressive autumn colour that can last well into November. Important avenues are: 38
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The conservation significance of Helensburgh’s street trees The Helensburgh Street Trees Management Plan (Rodger, D. 2005) includes the following assessment of the significance of Helensburgh’s street trees and the streetscape overall: “….a special and highly distinctive urban landscape arguably unrivalled anywhere else in Scotland. The ‘old town’ in particular has its own landscape character and the combination of well- treed gardens and the substantial population of street trees creates an attractive setting which complements and enhances the architectural heritage of the town.” Helensburgh’s street layout, verges and tree plantings constitute a notable historic designed landscape of exceptional conservation significance. Risks to Helensburgh’s street trees and streetscape The tree population is ageing and the quality of the streetscape will steadily be eroded unless a renewal programme of the type set out in the Helensburgh Street Trees Management Plan 2005 is followed. Some early actions have been taken and new trees planted but the labour and maintenance requirements over the long term are considerable. Resources for this long-term programme are highly uncertain. Autumn Colours (2) Jim Shimmins 39
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The original walling stone is predominantly the warm coloured, local sandstone contrasting with the colour provided by the variety of types of hedging that may be seen. Many properties have highly decorative gates and gate piers, some of which are listed as being of special architectural or historic interest in their own right.. The hedges are mostly evergreen, commonly privet, but there are a number of beech and mixed hedges too. Double hedges are a feature of a number of properties. Contribution of private gardens to the streetscape While in many cases private gardens are largely screened by boundary plantings, others are not so enclosed and views into attractive private gardens are a feature of Helensburgh streets. Much of Helensburgh was developed around the time Scottish and other plant hunters were exploring different regions of the world and introducing new species into cultivation in the UK. The botanist Sir William Hooker and his son Joseph (later Sir Joseph Hooker, botanist and explorer (1817-1911) had associations with Helensburgh and were summer residents for a time: Hooker encouraged gardeners in the West of Scotland to grow his Himalayan rhododendrons from seed – with great success. He was fond of comparing the Sikkim Himalaya with the Clyde of his youth. From one Himalayan setting, he wrote ‘What puts me most in mind of Helensburgh is the universality of fine weather on Sundays’ (Vickerman, K. and Richmond, L. 2005). Garden Settings Top: Michael Blake (2006). Others: Jim Shimmins (2006) 40
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Mansion to the East of Sinclair Street The area east of Sinclair Street comprises typically villa developments on plots of half an acre or larger 41
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Helensburgh has climatic and soil conditions that permit the cultivation of a similar range of trees, shrubs and smaller garden plants to that found in the major west coast gardens of Argyll and Bute. Indeed, many local residents regularly purchase specimens propagated from these and other collections. The level of interest in terms of the design and planting of individual Helensburgh gardens does vary. However, even relatively small gardens may contain several hundred specimens and be of real botanical interest. At one end of the scale plantings include forest giants from around the world such as redwoods, Douglas and silver firs, Scots and introduced pines, cedar of Lebanon, hemlocks, monkey puzzle and Eucalyptus plus deciduous species ranging from native broad-leaved species to the Chinese dawn redwood. At the other end of the scale a great variety of bulbs and herbaceous plants are grown, right down to the tiniest alpines. Despite the cool, damp climate, a wide range of habitats exists. Local ground conditions vary depending on whether the plot is on clay or on one of the raised beaches. Even species adapted to arid conditions such as bristlecone pines may be grown outside in the right spot. An example of the variety within gardens in two streets is provided in Appendix E. The list of larger trees in Helensburgh may be expected to include many specimens 100 years old and more. Many of the species reach 100ft and upwards at maturity. While the large number of stately trees contribute greatly to the townscape, where they are close to houses they can be oppressive to residents, block views, cast excessive shade over both houses and gardens and be out of scale with the size of plot in which they grow. Informed management of these more mature trees is to be recommended. Medium sized trees and larger shrubs, often planted around plot boundaries, make a major contribution to the streetscape and vistas around the town. Popular ornamental trees and shrubs (a wide range of species and varieties) include Magnolias, Rhododendrons, Acers, Camellias, Pieris, rowans, birches, flowering cherries, Laburnum and hollies. Somewhat more specialised are the Eucryphias, Crinodendrons, Embothriums, Cordylines and Pittosporums. These groups may be regarded as significant trees and shrubs that make a major contribution to the special character of the townscape. Survey work would establish the species and varieties represented in Helensburgh gardens, the extent of plantings of significant species and varieties, important formal plantings (e.g. along driveways), and the overall botanical interest of the gardens. Also, street by street surveys would establish local characteristics which vary greatly from one place to another, even between the north and south sides of the lateral streets. The Conservation Area Management Plan would benefit from such analysis. 42
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Walls, hedges, gates & gate-piers 5.2 Plot boundaries and private gardens Introduction Plot boundaries and private gardens contribute immeasurably to the green and leafy streetscape of Helensburgh and provide a considerable, varied habitat for wildlife. There is a particularly strong horticultural tradition in the town extending from the original layout of the garden grounds through to the present day. The layout of gardens and grounds is indicated on the Ordnance Survey map of 1860. Today there are numerous examples where the layout, built structures and planting are still typical of the particular period. However many plots have been subdivided, layouts changed and structures lost. In the case of the properties built from 1880 onwards, architects typically paid a great deal of attention to garden design as an extension to, and setting of, the main house. Original garden designs exist for at least some properties within the Local Collection in Helensburgh Library. The garden of The Hill House (Charles Rennie Mackintosh) has been carefully rejuvenated, including the reinstatement of an orchard, under the stewardship of the National Trust for Scotland. Boundaries The conditions of feu for the private properties specified that plots should be enclosed and, taken together, the boundary hedges and walls extend for some tens of miles. The nature of these boundaries makes a major contribution to the distinctive streetscape of Helensburgh. Top: Andy Boag (2006),. Others: David Sheen (2007) 43
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5.3 Parks Hermitage Park Hermitage Park, situated on the east side of Sinclair Street is formed from part of the grounds of the original Hermitage Estate, part of which was sold off for development in the late 19th century. A recent assessment of the history, development and condition of the park found that Hermitage Park is of considerable heritage significance (Davis, M. 2002 and Dingwall, C. 2002). The park is part of the former extensive landscaped grounds of Hermitage House, one of the largest of Helensburgh’s villa developments. It is the setting for the Category A listed walled garden that contains the war memorial designed by the architect A. N. Paterson. Hermitage Park augments the private villa gardens and plantings of street trees which combine to contribute to Helensburgh’s unique streetscape. Unfortunately the park seems to be somewhat degraded due to over planting in the late 20th century and insufficient maintenance that have resulted in the loss of internal views of features (such as the cascades of the Milligs Burn) and external views of the estuary. There are also some unattractive and poorly maintained modern features and structures. Walker’s Rest Walker’s Rest is a small park accessed from the top of Sinclair Street on the east side. Hermitage Park Jim Shimmins (2007) 44
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Parks and public spaces outside the current Conservation Areas There are other public parks and open spaces outside the current Conservation Areas that are part of the historic development of the town: ¾Helensburgh Cemetery (relatively small scale and not extensively planted compared to other ‘garden cemeteries’ of the 19th century) ¾East End Public Park, East King Street – a recreation ground gifted by a local benefactor ¾Kidston Park – small park with spectacular views at the western end of the West Bay promenade, also gifted by a local benefactor. ¾James Street – small play park, also donated by a local benefactor. ¾Duchess Wood—a major recreational resource and Local Nature Reserve ¾Castle Wood—an ancient woodland site ¾East Bay Esplanade ¾Kirkmichael Park 5.4 The significance of Helensburgh’s historic designed landscape Helensburgh’s street layout, verges and tree plantings alone constitute a historic designed landscape of exceptional conservation significance. This is augmented by the extent of the private gardens and the plantings within them. The features of private grounds that fall within the criteria for historic designed landscapes are the: ¾structure provided by the street grid and the feuing pattern within the grid ¾boundary walls and hedges put in place according to the design of the street grid and the applicable conditions of feu ¾stipulations of the conditions of feu resulting in low density of development and considerable garden ground ¾the extensive consequential plantings of trees and shrubs just inside plot boundaries, albeit according to individual choice. The features that may be considered of historic and botanical interest are: ¾the contribution of Helensburgh gardeners of the 19th century and later as a group to the more general introduction of plants new to cultivation in Scotland beyond the formal botanical collections. This is likely to have been disproportionate. ¾the connection with the prominent 19th century botanists Sir William and Sir Joseph Hooker, and their likely influence on botanical collections and gardening in the West of Scotland (enquiry to Helensburgh Library, Local Collection; Mike and Sue Thornley, Glenarn, Rhu from enquiries to Kew Gardens, London in 2000) ¾the great number and variety of ornamental trees and shrubs visible from the streets, often impressive, mature specimens ¾the range of signature trees and shrubs which define particular areas widely planted across the town ¾the overall botanical interest, albeit much is largely not on public view. 45
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Street and Garden Trees Helensburgh’s street layout, verges and tree plantings alone constitute a historic designed landscape of exceptional conserva- tion importance. This is augmented by the extent of the private gardens and the plantings within them Jim Shimmins (2006) 46
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5.5 Traffic flow The tranquillity of much of the two Conservation Areas is an essential part of their character. It enables enjoyment of the attractive and varied streetscapes by all who choose to wander around. Traffic passing through the Conservation Areas mainly uses Sinclair Street, West Montrose Street and Charlotte Street. School traffic appears to be increasing and particularly affects John Street, Queen Street and Millig Street. Traffic calming with speed bumps has been introduced here which has the effect of moving traffic on to other residential streets and creates a street scene which is at odds with the tranquil atmosphere of these streets. Away from Sinclair Street, the distribution of footpaths around the streets is haphazard, with some of the paths between the grass verges and the boundary walls of properties being surfaced and clear of weeds, with others being allowed to grass over and others becoming wet and muddy. This leads to many pedestrians (including dog-walkers and joggers) going along the middle of the road. Compared to similar areas in the major conurbations, the appearance of Helensburgh’s historic residential district does not suffer from dense on-street parking despite high levels of car ownership. As in New York, the grid pattern of streets in Helensburgh results in an exceedingly large number of crossroads. The character of any Conservation Area can be adversely affected by a clutter of road signs. While these should be adequate to maintain road safety, a balance needs to be struck with the amenity of the area. Large-scale development that would generate significantly increased traffic levels at these intersections should be discouraged. 47 The West Highland Railway provides a physical barrier to both pedestrian and vehicle movement between the two Conservation Areas. Pedestrian and cycle routes around Helensburgh could be greatly enhanced by a bridge across the railway at Colquhoun Street. Colquhoun Street could therefore become a direct pedestrian and cycle route between the sea front and Hill House. This was suggested in design projects executed in 2005 by students from the Mackintosh School of Architecture, Glasgow School of Art as one of their suggested ways to regenerate the town.
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Elements that detract from the overall character and appearance of the Conservation Areas 6.1 Introduction All built environments are subject to alteration and change and are much influenced by prevailing socio-economic factors. Conservation Area status offers a certain degree of protection depending on objectives set by the planning guidelines of the period but they cannot cover all contingencies. An important part of the Appraisal exercise has been consultation with the wider community. This section lists factors which have been brought to the attention of HCAG by residents and visitors as seeming to be out of character with the area. See Appendix D for further information. 6.2 Schedule of detracting elements Many examples in the following lists may seem relatively minor and insignificant when viewed individually, but taken together have a cumulative detrimental impact on the overall pattern and sense of place of the Conservation Areas. New Buildings, division of feus ¾modern bungalows built in the front gardens of large mansions ¾dominant horizontal line of modern (bungalows especially) and landscape windows, out of character with portrait windows of traditional buildings ¾small modern buildings out of scale with larger buildings and in own plot of land ¾new buildings which obscure the view of old houses ¾the poor quality design of new buildings ¾the building on of external staircases of an unsympathetic design and materials ¾the division of feus leading, in some cases, to inappropriate planting and fencing Alterations to Buildings Over the years, the traditional character of buildings has been eroded by: ¾replacement windows not retaining original design or being constructed of unsuitable materials ¾UPVC windows of non-traditional proportions ¾use of brightly-coloured renderings and paints not in keeping with surrounding natural materials ¾removal of the ornate bargeboards of Victorian houses ¾replacement of traditional guttering with UPVC ¾replacement of local slates with unsympathetic alternatives ¾garages of a temporary nature – corrugated iron, asbestos, etc. ¾addition of unsympathetic and ill-proportioned (often mock- Victorian) conservatories ¾removal / replacement of chimneys ¾erosion caused in general by loss of quality in materials, craftsmanship and design. Changes to the landscape within feus: ¾subdivision of plot to south of main façade of original building ¾loss of mature trees where a new house has been built ¾replacement of hedging by fences ¾replacement of characteristic privet/beech/ hawthorn/holly hedging by conifer ¾high conifer hedging which has gone out of control ¾loss of stone walls- replacement by artificial stone ¾paved/ asphalted driveways, many intruding onto road ¾modern gates. 48
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Visual pollution of streetscape: ¾traffic signage is particularly intrusive – speed signs, one- way signs, yellow lines, speed bumps ¾street lights are unsympathetic ¾loss of grass verges to parking spaces ¾car parking on the streets ¾grass verges not kept up ¾missing and unhealthy trees in verges ¾trees of a different species destroying overall pattern ¾replacement street name plates of an inferior quality ¾the lack of mature trees where modern bungalows have been built in front of mansions. Dereliction and loss of historic buildings: ¾ deterioration and dereliction of buildings ¾ demolition of neglected buildings ¾ pressure to re-develop plots 49
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Managing Change 7.1 Introduction This section looks at the factors that will influence change in the Conservation Areas over the next few years. It builds on the schedule of detracting elements (set out in Section 6 above) and looks at the vulnerability of Helensburgh's Conservation Areas, together with the pressures upon their special architectural and historic character and appearance. In the course of the work to date, the Group has identified a number of key issues on which it would be helpful to make more progress. While some issues will need to be addressed through the planning system (as part of day-to-day Development Management), others will require the co- ordinated efforts of various agencies through a management plan. Indeed, this section of the Appraisal is expected to inform the development of a brief for the future Conservation Areas Management Plan. People undertaking work in the Conservation Areas can bring about change. If the character of the Conservation Areas is to be preserved and enhanced it is important that they are aware of the significance of the Conservation Areas and what makes them special. 7.2 Cumulative effect of piecemeal changes Many changes that have occurred since WW2 are relatively small scale. Some fall within the scope of the planning and development control system and some not. While some of these changes are of an appropriate nature from a conservation point of view or are sited where they do not impinge on the appearance of the area, others are more intrusive or have resulted in the loss of original features. The cumulative effect of deleterious changes is significant erosion of character. Examples include the erection of garages, conservatories, extensions, replacement windows, replacement gutters and down pipes, exterior painting and changes to garden grounds. A significant risk to boundary walls and streetscapes can result from the sub-division of property or new buildings within existing plots due to the need to provide additional street accesses and parking facilities. There is a significant continuing risk of further loss of original features and failure to replace them according to conservation principles. Window replacement is continuing, driven by the greater insulation properties of modern double-glazing, as much as the need to repair deterioration. Neither the appearance of the glass nor the quality of the timber used even in the 1930s can be readily replicated today. Article 4 directions in respect of windows apply in The Hill House Conservation Area but not currently in the Upper Helensburgh Conservation Area. Boundary walls, gates and piers are also at risk from lack of maintenance and changing fashions in landscape design. As households now often have several cars and other vehicles, there is likely to have been a significant loss of garden ground to hard standing for vehicles and boats. Some of these changes, which would normally be regarded as “permitted development”, can be brought under the planning system. During the Review and Management Plan process desirability of controlling these minor changes by means of Article 4 Directions should be considered. 50
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7.3 Current development issues and the design of new-build Pressures for development in the Helensburgh Conservation Areas relate to: ¾ new residential development within the gardens of large houses ¾ sub-division of large houses into flatted accommodation ¾ change of use of large houses to nursing homes or small hotels ¾ re-development of sites where the principle building has been damaged or destroyed by fire. Dealing with these issues in such a way as to ensure a future for the buildings and maintenance of the character of the Conservation Areas will be a major challenge, but one that needs to be confronted. The new Local Plan looks to the guidance set out in the four volumes of the new Argyll and Bute Sustainable Design Guidance (2006) and to Conservation Area Appraisals such as this one. The four volumes of Argyll and Bute Council’s Sustainable Design Guidance will be helpful in supporting this Appraisal document when considering proposals for change in the Conservation Areas. In particular, there is a page in Volume 3 (Working with the Historic Built Environment) that is specific to the Helensburgh Conservation Areas. Here, the emphasis is on location and design, rather than density. Which is reflected in the emerging Argyll and Bute Local Plan Design Guidance Argyll and Bute Council's Sustainable Design Guidance published in 2006 shows (particularly in Volume 3 Working with the Historic Built Environment) how good modern architecture can be achieved within a historic context without copying the past but by respecting the character and appearance of the neighbourhood. We recommend this approach within the Helensburgh Conservation Areas and urge anyone considering developing here to look especially at the page covering Helensburgh itself (page 47). 7.4 Maintenance of public and private property There are good examples in Helensburgh of exemplary maintenance, reinstatement, enhancement and even major renovation projects of very large properties and their grounds. The Victoria Halls have been greatly improved by work undertaken by both the Local Authority and a voluntary body, the Friends of the Victoria Halls. Adequate maintenance will reduce the need for large-scale, expensive works. Lack of planned maintenance will result in rapid deterioration. Some buildings have been neglected, demonstrating that standards and practice are highly variable. This applies to: ¾prevention of deterioration in the first place e.g. through adequate roof ventilation and maintenance, sub-floor ventilation, protecting exterior timber and routine maintenance of all types ¾early remediation e.g. fixing leaks promptly, replacing deteriorated roofing felt, ensuring pointing is sound both on the main buildings and boundary walls ¾rectifying long term deterioration e.g. corroded zinc and lead; ground floor joist ends affected by wet rot (a common problem); corrosion of roofing nails; cracking, spalling and crumbling of clay tiles. The measures whereby the Council can deter owners from allowing buildings to become derelict or important internal features being removed need to be considered. 51
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The Recently Repaired Victoria Halls Painting by Neil Macleod 52
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7.5 Management of the public realm Those organisations and individuals responsible for maintaining and up-grading the public spaces that bind the Conservation Areas together - from its grid of streets to its public park - need to work together to preserve and enhance the special qualities that have been set out earlier in this document. Designed landscapes, street trees, verges & footpaths Part of the designed landscape of the town is the use of street trees. Plans for the maintenance of these are an essential part of the maintenance of the character of the area. Similarly, the maintenance of Hermitage Park is an important issue. Adequate funding arrangements need to be put in place to ensure that future of Helensburgh's open spaces is safeguarded. The requirement for a long term programme of replacement and management of the street trees has been set out by the Helensburgh Tree Conservation Trust. A long-term planting and maintenance programme has been developed. If it is not implemented, there will be a fairly rapid, further loss of this essential element of a historic designed landscape of exceptional conservation importance. The Conservation Areas Management Plan will prescribe appropriate action. Hermitage Park has many fine mature species. However, over the years some parts have become oppressively dense. How best the park can be managed to meet its purposes should be covered by the Conservation Areas Management Plan process The Conservation Areas Management Plan should ensure co- ordinated management and surfacing regimes for the many grass verges and footpaths (both un-made and surfaced) that contribute so much to the special qualities of the Helensburgh Conservation Areas. Street furniture A number of on-going maintenance activities provide an opportunity to enhance the character of the Conservation Areas. The status of the Conservation Areas should be recognised by the local authority and the public utility companies through a higher standard of street furniture. The Conservation Areas Management Plan should specify such an approach. There is a clear need to explore how adaptations for modern living can be made without destroying historic features and their distinctive character. Lighting Street lighting in the Conservation Areas is not of consistent design and is of variable quality and condition. Replacing outworn street lights will provide an opportunity to enhance the streetscape. The design of good light fittings is one of the important ways to do this and is particularly important in The Hill House Conservation Area because of the potential World Heritage Site status. Street names and signage Much of the signage has recently been replaced, necessitated by the number of missing or unreadable street name signs. The new signs are very clear. Unfortunately, from a heritage point of view, the shape and word lay-out; lack of relief in the lettering, the materials and style of lettering are all out of character with the historic originals. Consideration should be given to higher quality and uniform street signs in the management plan. The size, design and number of road traffic signs (particularly illuminated ones) should be kept to a minimum but ensuring the safety of all road users. How best this can be achieved at the numerous intersections within the Helensburgh Conservation Areas will need to be addressed by all parties. 53
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Public Utilities Public utility companies are usually exempt from planning controls when providing their services and need to be brought on board as willing partners in the stewardship of the Conservation Areas, through the Conservation Areas Management Plan process. Installations, especially large boxes in the streets, can be very obtrusive and need to be placed with the special qualities of the Conservation Areas in mind. Similarly, marker signs need to be placed more sympathetically, be better vandal-proofed and, above all, maintained well. Any special surfaces should be reinstated permanently with the correct materials when trenching or repairs take place. Agreeing suitable materials and co-ordinating street works will be key to the preservation and enhancement of the Conservation Areas. 7.6 Monitoring change Development Management decisions within the Conservation Areas will primarily be informed by adopted Council policy together with the approved Sustainable Design Guidance. This Appraisal and subsequent Management Plan, following approval by the Council, will further inform the decision making process as supplementary planning guidance relevant to Helensburgh’s Conservation areas. In order for the Appraisal and the Management Plan to remain current and effective a monitoring system will need to be developed as is the case with planning policy. The Management Plan should consider factors such as: ¾Changes in the use of buildings both within and outwith planning control ¾Trends in planning applications ¾Changes to the integrity of the overall pattern ¾Figures for plot size, and trends in average plot sizes ¾Cumulative effect of piecemeal changes such as the erection of garages and conservatories, building of extensions, replacement windows and replacement gutters / down pipes ¾Analysis of the scope for further development ¾Deterioration of buildings and materials. The Public Realm - signage Ken Crawford (2006) 54
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7.7 Other actions to be considered There is also a need for information to be made more readily available. The means of ensuring awareness on the part of owners, occupiers, developers, the various Council departments and the suppliers of utilities need to be re-assessed for their effectiveness and new methods of working, as appropriate. There is scope for producing much more in the way of leaflets to inform the general public about the quality of the Conservation Areas and the importance of maintaining them. Additional advice to householders on property maintenance, traditional materials and building repair could help to reduce deterioration in the areas’ character and appearance. It would also be useful to have published guidance on sourcing suitable replacements for such things as slates, tiles, windows and boundary features. Adequate safeguards need to be put in place to prevent further erosion of the special qualities of these two Conservation Areas. The Council will also need to demonstrate that the setting of the Hill House is adequately protected in the event of a nomination for inclusion as part of a potential C.R. Mackintosh World Heritage Site. It would be helpful if applicant submitted Design Statements setting out the impact of their proposed development. Houses by A.N. Paterson outwith the Conservation Areas Jim Shimmins (2006) 55
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Boundary Reviews of the two Conservation Areas 8.1 Introduction Argyll and Bute Council will review the boundaries of the two Conservation Areas in Helensburgh in light of this Appraisal. The Council will also ensure that the Hill House Conservation Area forms a suitable “buffer zone” for this potential World Heritage Site. Any proposals for alterations to the boundaries will be the subject of further public consultation. 8.2 Boundary Issues The following observations have been aired during the Appraisal’s consultation process. The Hill House Conservation Area (potential World Heritage Site buffer zone) Parts of the boundary may be unduly close to the subject. Indeed, part of the car park for The Hill House which is immediately adjacent to the garden lies outwith the Conservation Area (albeit within the Green Belt). The merits of an extension should be examined. Upper Helensburgh Conservation Area There is some obvious logic to most of the boundary which currently exists along the western, northern and eastern sides. The selection of the southern boundary seems more arbitrary. However, there are a number of points around the whole boundary where there is no marked difference between the character of the properties on either side of the boundary. It is suggested that these situations (listed in Appendix F) be examined closely. A new or extended Conservation Area The distribution of listed buildings in the town and the geographic spread of work by architects of renown are perhaps not adequately encompassed by the existing designations. Given the cohesiveness of the overall town plan and the pervasiveness of the special character throughout a much wider area than currently designated, the Review should examine the case for extension or additional designation(s). In particular, the current Conservation Areas exclude: ¾oldest buildings of the town, buildings of historic significance and a large number of listed buildings of diverse types including churches by important Scottish architects ¾sites of the first large feus for residential properties between East Clyde Street and the shore (Regency period and mid 19th century listed buildings) ¾non-listed properties, built primarily of local stone, in the lower town that date back to Helensburgh’s early days as a summer resort ¾Victorian terraces of Craigendoran ¾important plantings of street trees, including the cherry trees on the south side of Argyle Street ¾Canary Houses by A.N. Paterson which lie on the west side of Rowallan Street and the north side of Millig Street. Splitting the Upper Helensburgh Conservation Area The current size of the Upper Helensburgh Conservation Area is acknowledged to be very large when compared to many other areas. It is also acknowledged in the historical review that because of the timeframe over which the development of the area took place, the sizes and layout of plots vary across the area. Splitting the area may provide an opportunity to identify more localised special characteristics 56
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Conclusion This Appraisal, being descriptive, has mainly covered those aspects that make the Upper Helensburgh Conservation Area and The Hill House Conservation Area so valuable both historically and architecturally and unique as an urban landscape. Overall, the area remains remarkably intact, the pattern is preserved as are a great proportion of the buildings. But, because it retains its extraordinary attraction, it has not remained static; changes have taken place and infill has occurred. Throughout the process of compiling the Appraisal, undertaking consultation in various forms and mounting an exhibition a number of messages have come through that are worth bearing in mind as thought is given to how a management plan can be produced and implemented. The first of these is that the Conservation Areas, despite their undoubted historical and architectural significance, are primarily places where people live and work. Without that duality of use, the Conservation Areas will not survive. In other words, in thinking about any proposed changes within a Conservation Area, it is important to remember that they must remain suitable for modern use. The second thought is that some of the buildings within the Conservation Areas might not have received planning permission if an application were submitted in more recent times. The reasons for this are that the buildings are frequently very individualistic and in their day some of them were ground- breaking in terms of style and design. If the Conservation Areas are to continue to evolve, it will be important to have scope for innovations in design if the long history of architectural evolution is to continue to unfold. Indeed, architectural innovation should be encouraged. Many people commented on the privilege and penalties aspects of living in a Conservation Area. They recognise the privilege associated with living in quality houses of considerable architectural merit and of being part of an area of very pleasant aspect. They also understand that this imposes a duty to maintain these assets and the landscape in which they are set – even more so if they are in a listed building. In most cases, the call was for a degree of common sense in relation to proposed changes of use and fabric. Where building materials are exorbitantly expensive to replace, owners look for guidance on acceptable modern alternatives and on practical maintenance and repair. A number of working papers have been assembled on many of the above issues and will be available for the Review Process. Suggestions for a raft of possible future actions that have been mooted at various points in the process of preparing this document and undertaking wider consultation are gathered together in Appendix G. This provides a great deal of food for thought in starting the process of producing a Management Plan for the Areas. There is clearly very considerable support for and interest in the current Conservation Areas. A lively debate on how best to look after them into the future has already been initiated. This has built on work previously undertaken in connection with the activities of the Helensburgh Study Group (unpublished papers held in the local library) and the Vision Steering Group of the Helensburgh Community Council (unpublished papers held in the local library). In addition, Argyll and Bute Council commissioned work on the town centre and waterfront by the Yellow Book Consultants (Yellow Book 2004). 57
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Cherry Blossom Jim Shimmins 58
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References and Bibliography Alexander, Christopher. 1979. The Timeless Way of Building. Oxford University Press. New York. Anon, 1880. Proposed Feuing Plan of Helensburgh, Parish of Row. [Based on plan by William Spence 1857. Copy held in Helensburgh Public Library reference section] Argyll and Bute Council. 2005a. Draft Finalised Local Plan (unadopted): Written Statement. Argyll and Bute Council. 2005b. Draft Finalised Local Plan (unadopted): Proposal Maps Folder. Argyll and Bute Council. 2006a. Draft Finalised Local Plan (unadopted): Character Appraisal/ Key Environmental Features. Argyll and Bute Council. 2006b. Draft Finalised Local Plan (unadopted): Modified Plan (unadopted) Argyll and Bute Council. 2006c. Sustainable Design Guidance: 4Volumes. Argyll and Bute Council. Battrum, William. 1865. Battrum’s Guide to Helensburgh and Neighbourhood. 2nd Edition. William Battrum. Helensburgh Battrum, William. 1867. Battrum’s Guide to Helensburgh and Neighbourhood. William Battrum. Helensburgh Cairney, J. 2004. The quest for Charles Rennie Mackintosh. Luath Press, Edinburgh. Davis, M. 2002. “Hermitage Park and Helensburgh: a short history”. [ms available in Helensburgh Public Library reference section] Dingwall, Christopher. 2002. “Preliminary Notes on the Hermitage Park and other Public Open Spaces in Helensburgh”. [ms in Helensburgh Public Library reference section.] Fleming, P. 1803. Design for the Expansion of the Town of Helensburgh. [Map held in the Helensburgh Public Library reference section.] Government of Vicoria. Planning Notes: Applying the Heritage overlay. Download at www.dse.vic.gov.au/CA256F310024B628 Groom, Francis H. 1883, Ordnance Gazetteer of Scotland. Grange Publishing Works, Edinburgh. Hawkstone-Hutton and Gorrie 1846. A Topographical Dictionary of Scotland. Helensburgh Community Council. 2004. The Vision for Helensburgh. Helensburgh Community Council. Helensburgh. Historic Scotland. 1998. Memorandum of Guidance on Listed Buildings and Conservation Areas. The House. Edinburgh. Available to download at www.historic_scotland.gov.uk/memorandum of guidance_1998.pdf Historic Scotland. 2000. Conservation Plans: A Guide to the Preparation of Conservation Plans. Historic Scotland. Edinburgh. Available to download at www.historic_scotland.gov.uk/conservation_plans.pdf Historic Scotland. 2006. Guide to the Protection of Scotland’s Listed Buildings- What it means to Owners and Occupiers. Available to download at www.historic_scotland.gov.uk/listed_buildings.pdf Historic Scotland. Statutory List. [Available to download via RCAHMS. Pastmap. Listed Buildings of Scotland.] McColl, T. A. 1972. ‘Fine Heritage of Trees’ in Helensburgh and Gareloch Times, June 14th, 1972. [ms held in Helensburgh Public Library reference section. L.C. 941.3727] Noble, S.N. (ed) 2002. 200 Years of Helensburgh 1802-1902. Argyll Press, Glendaruel. New South Wales Heritage Office. 2001. Assessing Heritage Significance. New South Wales Heritage Office. www.heritage.nsw.gov.au Osborne, B. D. c1912.William Spence, Architect 1806-1883. in Lennox History Society Magazine. [Ms in Helensburgh Public Library reference section]. Roberts, A. 2002 ‘The Geology of the Lands of Mallig’ in Noble, S.N. (ed) 200 Years of Helensburgh, 1802-2002. Argyll Press, Glendaruel. Rodger, D. 2003. Helensburgh Street Tree Survey. Donald Roger Associates, Gullane. 59
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References and Bibliography continued Scottish Executive. 1997a. Town and Country Planning (Scotland) Act. Ch 8 Scottish Executive, Edinburgh Scottish Executive. 1997b. Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Ch 9. Stationery Office, London Scottish Executive. 1997c. Planning Advice Note 52 Planning in Small Towns. Scottish Executive, Edinburgh Scottish Executive. 2001. PPG 18: Planning and the Historic Environment: Designing Places. Scottish Executive, Edinburgh. Scottish Executive. 2002. SPP1 The Planning System. Scottish Executive, Edinburgh. Scottish Executive. 2003a. Planning Advice Note 67 Housing Quality. Scottish Executive, Edinburgh. Scottish Executive. 2003b. Planning Advice Note 68 Design Statements. Scottish Executive, Edinburgh. Scottish Executive. 2004. Planning Advice Note 71 Conservation Area Management. Scottish Executive, Edinburgh. Scottish Executive. 2005. A Guide to Conservation Areas in Scotland: Guide to the designation, safeguarding and enforcement of Conservation Areas. Scottish Executive, Development Department. [Web publication available at www.scotland.gov.uk/ publications/2005/03/2914159/15200] Scottish Executive. 2006a. SPP 21 Greenbelts. Scottish Executive, Edinburgh. Scottish Executive. 2006b. The Planning etc. (Scotland) Act 2006 asp 17. The Stationery Office. London. Sheen, Margaret R. November 2007. Helensburgh: The Garden City of the Clyde. ms held by Helensburgh Study Group. Sinclair, Sir John. (ed) 1799. The Statistical Account of Scotland: Parish of Row. Spence, William. 1857. Proposed Feuing Plan of Helensburgh, Parish of Row. (Copy held in Helensburgh Public Library and Scottish Records Office- Plan No 3517) Thompson, John. 1832. Atlas of Scotland, Dunbartonshire. Vickerman, K. and Richmond, L. 2005. The Glasgow Boys who brought the Rhododendron into art. University of Glasgow Newsletter. Feb. 2005. Walker, F.A., 2000. Buildings of Scotland: Argyll and Bute. Penguin Books Ltd. London. Walker, F.A. and Sinclair, F. 1992. North Clyde Estuary: An Illustrated Architectural Guide. Royal Incorporation of Architects in Scotland, Edinburgh. West Dunbartonshire Council. 1999. Dumbarton District Wide Local Plan. West Dumbarton Council and Argyll and Bute Council Yellow Book. 2004. Helensburgh Town Centre and Waterfront: Strategy and Action Plan. Yellow Book. Paisley. 60
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Appendix A Listed Buildings in the Conservation Areas Full, up-to-date details may be found under “Helensburgh” on Historic Scotland's website at http://hsewsf.sedsh.gov.uk/hslive Some entries (with the same reference number) have been included twice. This is because some corner plots which contain different properties (under different street names) and are all part of the same entry and share the same reference number. Some boundary walls, gates and gate-piers are listed as part of the house entry and have been included under the heading “Walls etc.” Definitions of Historic Scotland’s Categories Category A Buildings of national or international importance, either architectural or historic, or fine little-altered examples of some particular period, style or building type. Category B Buildings of regional or more than local importance or major examples of some period, style or building type which may have been altered. Category C(S) Buildings of local importance, lesser examples of any period, style or building type, as originally constructed or altered, and simple, traditional buildings, which group well with categories A and B or are part of a planned group such as an estate or industrial complex. C Areas Ref No Street Number House Name Walls etc Date Architect Cate- gory Style Yes 34695 Abercromby E 9 Auchentail Yes 19thc l B Classical Yes 34720 Abercromby E 15 No 19thc l Stewart & Paterson extnsion 1916 B Classical Yes 34699 Abercromby E 19 No 1907 Mitchell & Whitelaw B Arts & Crafts Yes 34698 Abercromby E 17 No 1907 Mitchell & Whitelaw B Arts & Crafts Yes 34697 Abercromby E 13 Yes 1900 c B Yes 34700 Abercromby W 18 Summer House only No 19thc l C(S) Yes 34702 Albert 4 Moorgate Yes 1903 A N Paterson B Arts & Crafts Yes 34812 Campbell 43,45 Yes 1856 B Classical porch 61
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Appendix A continued C Areas Ref No Street Number House Name Walls etc Date Architect Cate- gory Style Yes 34696 Charlotte 47 Green Park No 1935 John Boyd B Art Deco Yes 34719 Charlotte 44 No 19thc l C(S) Yes 34718 Charlotte 45 No 1909 William Leiper & W Hunter McNab 1913 B A & C / Eng Shavian Yes 34717 Charlotte 43 No 1906 William Leiper B A & C / Eng Shavian Yes 34716 Charlotte 41 No 1906 William Leiper B A & C / Eng Shavian Yes 34715 Charlotte 33 The Crossways Yes 1914 Stewart & Paterson B Arts & Crafts + Renaissance doorcase Yes 34720 Charlotte 46 Arden No 19thc l Stewart & Paterson extnsion 1916 B Classical Yes 34757 Colquhoun 62 Kildare Lodge Yes 1860c C(S) Yes 34755 Colquhoun 41 Galloway Cottage No 1865? Alexander Thomson? + William Spence 1877 B Greek revival Yes 34760 Colquhoun U 6 Lynton Yes 1908 William Leiper B Yes 34761 Colquhoun U 8 The Hill House Yes 1902 Charles Rennie Mackintosh A Modern idiom Scots Baronial Yes 34759 Colquhoun U 4 Braeriach Yes 1909 Robert Wemyss B Arts & Crafts Yes 34758 Colquhoun U 2 Whincroft Yes 1915 A N Paterson B Yes 34762 Colquhoun U 15 The White House Yes 1899 M H Baillie Scott A Arts & Crafts / Voyseyesque Yes 34763 Colquhoun U 17 Drumadoon Yes 1901-3 William Leiper A Arts & Crafts Yes 34770 Dhuhill Drive W Brincliffe Yes 1907 Frank Burnet, Boston & Carruthers B Free Style Yes 34769 Dhuhill Drive W Dhuhill House No 1847 B Franco-Italianate Yes 34771 Dhuhill Drive W Greycourt No 1911 A N Paterson A Arts & Crafts + renaissance 17th c Yes 34772 Dhuhill Drive W Letham Hill No 1914 John Burnet & Son B Arts & Crafts S Yes 34774 Douglas Drive Red Tower Yes 1898 William Leiper A Franco/Sc Renaissance + Shavian OE Yes 34773 Douglas Drive Tordarroch Yes 1883 William Leiper B Shavian Old English Yes 34776 Easterhill 4 Dunluce No 1907 Mitchell & Whitelaw B Arts & Crafts S Yes 34775 Easterhill 3 No 1907 Mitchell & Whitelaw B Arts & Crafts Yes 34780 Glasgow 23 No 19thc m C(S) Yes 34781 Glasgow 25 No 1898 Robert Wemyss B Free Style Yes 34782 Glasgow 29 No 19thc l C(S) Yes 34784 Glenfinlas U Clunie Hill Yes 19thc l B Yes 34785 Havelock 19 No 19thc l C(S) Yes 34816 Havelock 26 No 19thc l William Leiper addition 1893 C(S) Classical 62
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Appendix A continued C Areas Ref No Street Number House Name Walls etc Date Architect Cate- gory Style Yes 34786 Henry Bell 23 Redcote No 1881 T L Watson B Shavian Old English / Arts & Crafts Yes 34787 James 77 Methfield No 19thc l C(S) Yes 34788 James 89 Lomond School No 19thc m William Leiper remodelled 1888 & 1891 B Jacobean Yes 34798 John 76 Glen Kin Yes 19thc m William Leiper additions 1889 B Yes 34799 John 80 Yes 19thc m B Yes 34797 John 70 No 1840c B DEMOLISHED Yes 34800 Kennedy Drive Cuilvona No 1909 Duncan McNaughton (+ 1930) B Arts & Crafts Yes 34810 King W 108 Carrisbrooke Yes 1860 William Fraser additions 1901 B Yes 34812 Millig 14 Yes 1856 B Classical porch Yes 34814 Millig 20 Yes 1872 William Leiper conservatory 1901 +AN Paterson 1910 B Classical Yes 34813 Millig 18 Wester Millig Yes 1870 William Leiper (adtns AN Paterson & Douglas 1903) B French Yes 34880 Millig 39 The Ingle Yes 1858 (Campbell Douglas & Paterson 1909 & Paterson 1910) C(S) Yes 34815 Millig 22 No 1895 A N Paterson B Arts & Crafts Yes 34816 Montrose 19, 19A 19B No 19thc l William Leiper addition 1893 C(S) Classical Yes 34819 Montrose E 31 No 1860c William Leiper addition 1880c B Classical Yes 34820 Montrose W 1 Dalfruin Yes 19thc l B Yes 34898 Montrose West L 7a Elstane Yes 19thc m + Duncan McNaughtan 1878 & 1901 C(S) Yes 34898 Montrose West L 7a Yes 19thc m + Duncan McNaughtan 1878 & 1901 C(S) Yes 34821 Munro Drive E 6 Easterhill No 1910c Mitchell & Whitelaw B Arts & Crafts Yes 34822 Munro Drive W 4 Brantwoode Yes 1895 William Leiper A Arts & Crafts/Shavian Old English Yes 34823 Munro Drive W 6 Strathmoyne Yes 1899 Robert Wemyss B Arts & Crafts/Shavian Old English Yes 34844 Queen 32 Deanston Yes 19thc l C(S) Yes 34839 Queen 25 Yes 1898 William Leiper C(S) Former stables Yes 34840 Queen 6 Haywood No 1874 C(S) Yes 34841 Queen 10 Westward No 19thc l C(S) Yes 34842 Queen 20 Ardvuela Yes 19thc l B Yes 34814 Queen 33 Woodend Yes 1872 William Leiper conservatory 1901 +AN Paterson 1910 B Classical 63
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Appendix A continued C Areas Ref No Street Number House Name Walls etc Date Architect Cate- gory Style Yes 34843 Queen 24 Yes 19thc e C(S) Classical Yes 34788 Queen 13 No 19thc m William Leiper remodelled 1888 & 1891 B Jacobean Yes 34851 Rossdhu W Longcroft No 1901-2 A N Paterson A Scottish Renaissance 17th c Yes 34862 Sinclair 113 Moorlands Yes 1873 B Yes 34874 Sinclair 116 Station Master's Hse No 1894 C(S) Yes 34878 Sinclair 146 Drum-Millig No 1909 A N Paterson B Arts & Crafts Yes 34877 Sinclair 134 Albion Lodge No 1883 William Leiper B Arts & Crafts/Shavian Old English Yes 34860 Sinclair 107 Thornton Lodge No 1857 Boucher & Cosland B Italianate Yes 34875 Sinclair 118 Rokneys Yes 1899 Robert Wemyss B Yes 34873 Sinclair 106 No 1850c William Spence C(S) Yes 34869 Sinclair Victoria Halls No 1887 J & R S Ingram (AN Paterson minor+ 1899) B Scots Baronial town hall Yes 34866 Sinclair Old Millig Toll Hse No 19thc e B Yes 34858 Sinclair 101 Millfield Yes 19thc e-m B Yes 34864 Sinclair Dhuhill Lodge Yes 1898 William Leiper B Scots Baronial Yes 34863 Sinclair 127 Dhuhill Yes 19thc m James Smith? B Yes 34861 Sinclair 109, 111 Cawdor Lodge & Tower Hse No 1860 (R Wemyss minor additions) B Yes 34859 Sinclair 103 Rowanmore Yes 1860c C(S) Yes 34865 Sinclair 135 Ardluss Yes 1900 William Leiper B Arts & Crafts Yes 34876 Sinclair 132 Ballytrim Yes 1926 Stewart & Paterson? C(S) Arts & Crafts Yes 34872 Sinclair Hermitage Pk War memoiral Yes 1923 A N Paterson A Yes 34854 St Michael 5 No 19thc l C(S) Yes 34884 Suffolk 34 & 36 Kintillo House No 1860c (William Leiper 1888&1889) B Yes 34883 Suffolk 26 No 19thc m B Yes 34822 Suffolk 22a No 19thc m C(S) Yes 34881 Suffolk 25 Auchenteil Yes 1864 B 64
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Appendix A continued C Areas Ref No Street Number House Name Walls etc Date Architect Cate- gory Style Yes 34879 Suffolk 19 No 1859 C(S) Tudor Revival Yes 34880 Suffolk 23 The Grange Yes 1858 (Campbell Douglas & Paterson 1909 & Paterson 1910) C(S) Yes 34885 Sutherland Cresc L 6 No 19thc l C(S) Yes 34886 Sutherland Cresc L 7 No 19thc l C(S) Yes 34887 Sutherland Cresc U 1 Rhu-Arden Yes 1871 c William Leiper B Greek Revival Yes 34890 Sutherland Cresc U 2 Terpersie (Thurlow) No 1871 William Leiper's own house B Arts & Crafts “English Cottage" Yes 34879 Sutherland Cresc L 1 No 1859 C(S) Tudor Revival Yes 34891 Victoria The Lindens No 19thc l B Appendix B Tree Preservation Orders in the Conservation Areas Reference Nos. Reference Nos. Date Location Argyll and Bute Dumbarton 5/04 01.04.04 Burnside House, 38-40 Campbell Street 100 TPO 16 16.10.72 Chapel Acre TPO 40 King’s Crescent TPO 35 15.08.97 Lansdowne Park TPO 9 Woodend 65
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Appendix C The Planning Context: The National Level Relevant legislation and guidance forming part of the national planning framework in Scotland is listed in table 1. This is not an exhaustive listing but contains the docu- ments that the Group used in reaching an un- derstanding of the work that they were undertak- ing. Table 1 Legislation and Guidance pertinent to Conservation Areas Legislation Town and Country Planning (General Development) (Scotland) Order 1992 Town and Country Planning (Scotland) Act Ch 8 1997 Planning (Listed Buildings and Conservation Areas) (Scotland) Act Ch 9 1997 Planning etc.(Scotland) Act 2006 asp 17 Guidance SPP 1 The Planning System SPP 21 Greenbelts NPPG 18 Planning in the Historic Environment: Designing Places. Nov 2001 PAN 52 Planning in Small Towns PAN 67 Housing Quality. Feb 2003 PAN 68 Design Statements. August 2003 PAN 71 Conservation Area Management. December 2004. A Guide to Conservation Areas in Scotland: Guide to the designation, safeguarding and enforcement of Conservation Areas 2005 Circular 17/1987 New Procedures and Revised Guidance relating to Listed Buildings in Conservation Areas Circular 9/1992 Planning and Compensation Act 1991 Enforcement of Tree Preservation Orders Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 Conservation Plans: A guide to the Preparation of Conservation Plans 2000 Guide to the Protection of Scotland’s Listed Buildings– what it means to Owners and occupiers. 2006 66
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Appendix C continued C2 Former Planning Policies (West Dunbartonshire) The Plan prepared for West Dunbartonshire in 1999 when Helensburgh came under the jurisdiction of that Authority is theoreti- cally the extant planning guidance. However, it is some time since it was written and the Conserva- tion Areas are now the re- sponsibility of Argyll and Bute Council. The relevant policies in the Dumbarton plan are listed in Table 2. These are the policies that have been operational until fairly recently. Therefore it is the success or failure of the implementation of these policies that is largely reflected in the cur- rent state of the Conserva- tion Areas. Table 2 Relevant Policies in the West Dunbartonshire Council Plan Policy No DC 1 Development proposals to have a high standard of building and landscape design (criteria given) Policy No BE 2 Preparation of Character Appraisals for Conservation Areas (CAs) Policy No BE 3 High standards for renovations, alterations and extensions in CAs Policy No BE 4 Presumption for retention of buildings in CAs. Policy No BE 5 Outline planning applications in CAs Policy No BE 6 Reassessment and update of Article 4 Direction Orders Policy No BE 7 Upper Helensburgh CA: criteria for new build Policy No BE 8 Identifying new uses for vacant listed buildings Policy No BE 9 Maintenance of listed buildings in Council & private ownership Policy No BE 10 Design and choice of materials for listed buildings Policy No BE 11 Criteria for listing further buildings Policy No BE 12 Responsibilities that come with listed buildings Policy No BE 14 Demolition of derelict properties Policy No H 5 Maintaining and enhancing the character of residential areas The full text of these policies is contained in the Plan, copies of which can be consulted in Helens- burgh Public Library. Other policies may also apply. 67
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Appendix C continued C3 Current Local Planning Policies The local plan for Argyll and Bute was the subject of a Public Inquiry in 2007. The policies in the plan which are relevant to Conservation Areas are listed in table 3. Some of these have been the subject of amendments or objec- tions. Nonetheless, planning applications are increasingly being determined with these policies in mind. Policy LP ENV 14 is key and, in its latest form, states: “There is a presumption against development that does not preserve or enhance the character or appearance of an existing or proposed Conservation Area or its setting, or a Special Built Environment Area. New development within these areas and on sites forming part of their settings must be of the highest quality, re- spect and enhance the architectural and other special qualities that give rise to their actual or proposed designa- tion and conform to Historic Scotland’s Memorandum of Guidance on Listed Buildings and Conservation Areas to- gether with Appendix A of this Plan. Outline planning applications will not normally be consid- ered appropriate for proposed development in Conserva- tion Areas. The contribution which trees make towards the character or appearance of a Conservation Area will be taken into account when considering development proposals”. Table 3 Relevant policies in the Argyll and Bute Council Draft Finalised Local Plan LP ENV 1 Development impact in the general environment LP ENV 11 Development impact on historic gardens and designed land- scapes LP ENV 13a Development impact on listed buildings LP ENV 13b Demolition of Listed Buildings LP ENV 14 Development in Conservation Areas & Special Built Environ- ment Areas LP ENV 15 Demolition in Conservation Areas LP ENV 18 Protection and enhancement of buildings LP ENV 19 Development setting, layout and design LP BUS 1 Business and Industry proposals in existing settlements LP ADV 1 Advertisements LP TOUR 1 Tourist facilities and accommodation LP HOU 4 Housing green-space LP PG 1 Planning gain LP ENF 1 Enforcement action LP DEP 1 Departures to the Development Plan The full text of these policies is contained in the Plan, copies of which can be consulted in Helensburgh Public Library. Other policies may apply. The text is also available on the Argyll and Bute Council website: www.argyll-bute.gov.uk. 68
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Appendix D Analysis of the Questionnaire Responses Introduction The questionnaire was produced as a means of obtaining views on selected topics whilst providing opportunities for free comment. In total, 150 were issued and 48 were returned. Additionally, there were several sets of very detailed comments not submitted via the questionnaire which have been taken into account in this finalised document. Q1. It would be helpful to know a little about your interest in this topic. Please tick all or any of the following that apply: Resident within the Conservation Areas (CAs) Resident in Helensburgh Have professional interest in planning, architecture or related professions Member of an organisation concerned with the future of Helensburgh Involved with Community Council or Local Authority Answers to Q1. Background Residency Total In Helensburgh (Not in Helensburgh In CA Not In CA Professional 7 2 2 11 Organisation 6 8 1 15 Community Council or Local Authority 3 5 4 12 Total 16 15 7 38 Commentary: The headings under background in the table above are short-forms for the fuller statements in the question posed. There is almost equal representation of residents in the CAs and other Helensburgh residents. The majority of respondents not living in Helensburgh had a professional or local government interest. 69
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Q2. To what extent does the draft Appraisal meet the following purposes? Please tick a box in each row The text for the rows on the form is the same as that in the first column of the table below. Answers to Q2. Aspect of document Response Very Well Well Partially Not at all Not sure Total No response Analyses what makes the place special? 23 22 1 0 0 46 0 Identifies opportunities for enhancement 4 21 17 1 1 44 2 Sets out changing needs 5 17 16 1 3 42 4 Defines boundaries 20 17 6 0 0 43 3 Reviews boundaries 9 22 9 1 1 42 4 Ensures consistent decision-making 3 15 13 6 6 43 3 Assists in policy formulation 12 15 11 1 2 41 5 Provides a basis for a programme of action 10 13 17 3 1 44 2 Enables active management 5 18 12 3 4 42 4 Provides supplementary planning guidance 8 16 13 5 2 44 2 Total 99 176 115 21 20 441 29 Commentary: The elements given were those identified in various guidance documents relating to the preparation of Appraisals for Conservation Areas. The response was overwhelmingly favourable. The weakest performance was against the statement “ensures consistent decision making”. The Group agrees with this. Perhaps it would have been better to have said “assists in” rather than “ensures”. However, in the draft document there was little direct guidance available to those taking decisions on planning matters in the CAs. The strongest marking was in relation to the analysis of what makes the place special. This was very rewarding as this is the element that we felt we should major on and was also the one that caused us the most heart-searching. 70
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Q3. Please list the issues/changes which are eroding the character of the Conservation Areas and which you would like to see Answers to Q3 Issues/ Changes No of Mentions Total per category BASIC INFRASTRUCTURE 36 Issues/Changes 5 Pavements/paths 13 Lighting 5 Drainage 3 Street furniture 2 Parking 1 Traffic management 3 Road signs 4 STREETSCAPE 31 Verges 12 Trees 14 Lamp standards 1 Street name signs 4 ELEMENTS OF CHARACTER 23 Quality of building design 7 Appropriateness of design 3 Appropriateness of materials 2 Character of boundaries 4 Entrances 1 Plot density 3 Issues/Changes No of Mentions Total per category ELEMENTS OF CHARACTER contd Use of non-permeable surfaces 1 Outbuildings 1 Tree in gardens 1 TRENDS 20 Infill 12 Vandalism 2 Litter 1 Demolition of sandstone build- ings 1 Loss of greenspace 4 OTHER 3 Householders being unaware of CAs 2 Hermitage Park 1 ISSUES OUTWITH CAs 4 The Pier 1 Speed restrictions in roads 1 Empty shops 1 Dog Fouling 1 71
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Commentary on Q3. : The Group had decided to leave this as a very open question and not to constrain the topics in any way. Despite the calibre of the respondents, there was a tendency to highlight more widespread issues and not to confine responses to a) the Conservation Areas or b) the issues that were eroding the character of the Areas. There was overlap/ transferability of some of the responses dealing with infrastructure and streetscape in that it was not always clear to what extent the issues were seen to be practical or aesthetic. With hindsight we would probably have obtained a clearer response by providing some examples or categories. The topics that were most frequently mentioned were street trees, pavements/ paths, road verges and building infill (either by plot subdivsion or by use of green space). Combining some of the categories used, there was equal concern over the quality and appropriateness of building design and the choice of materials. Q4. Do you consider the current boundaries are appropriate for a) Upper Helensburgh b) The Hill House? Answers to Q4 CA Response Yes No Not Sure No re- sponse Total Upper Hel- ensburgh 17 20 7 4 48 The Hill House 22 13 7 6 48 Total 39 33 14 10 96 Commentary: Although the draft Appraisal did identify some boundary issues in both CAs, the responses can hardly be taken as indicating a strong conviction for or against in either case. Q5. Would you support the undertaking of an evaluation of the town centre as a further Conservation Area? Answers to Q5 Yes No Not Sure No response Total 32 9 3 4 48 Commentary: The question posed related to undertaking an evaluation – not to seeking designation. Those answering in the affirmative often attached caveats about the creation of another CA and several of those saying no, did so on the basis that they were opposed to a designation on the grounds of it stifling development and therefore saw no point in exploring the situation. There is clearly support for an evaluation. 72
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Q6. What would improve this draft document? Answers to Q6. The main suggestions for improvement were: Provide a summary Make it more succinct Avoid repetition Make the main message clearer Expand the current issues section Reduce the historical and discussion sections Produce an audit of the pre WW2 buildings and settings Make clear that good contemporary design is appropriate in the CAs Discuss the interface between the CAs and the rest of the town. Commentary: In retrospect, there might have been merit in providing more of a structure against which people could comment. However, as we had hoped, this question produced a welter of relevant, useful, detailed comment on all aspects of the document. Those above were among the recurring points that dealt with the document as a whole. There was also much congratulatory comment. 73
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Appendix E Garden Trees and their contribution to the streetscape Trees in gardens as seen from the road The trees in gardens make a major contribution to the streetscape and sense of place. This Appendix is a sampling of two roads : ¾James Street which runs North-South ¾Queen Street which runs East-West Of especial note are the following: ¾the similarity of distribution of large specimens on both sides of James Street ¾the unequal distribution of planting on Queen Street ¾the abundance of trees (and shrubs but not surveyed) on the north side of Queen Street in the front gardens – excepting where new bungalows have been built ¾the scarcity of planting on the south side of Queen Street where houses and outbuildings back close on the street. David Sinclair 2007 74
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Below is a diagram of James Street from Queen Street to West Argyle Street with the streets shown in grey West side East side Millig Street Stafford Street West Montrose Street West Argyle Street Sycamore Holly, Cypress Laburnum, Yew, Lime Birch, Laburnum, Magnolia Laurel, Flowering Cherry Willow, Weeping Ash Lime, Weeping Ash, Cypress Laburnum, Rowan Flowering Cherry, Horse Chestnut Sycamore, Cherry Hornbeam Maple, Rowan Crab Apple, Maple Rowan Queen Street Maple Beech Pear, Cherry, Maple Wych Elm, Bay Laurel, Magnolia Cypress Flowering Cherry Wych Elm, Flowering Cherry, Sycamore Copper Beech, Birch Weeping Ash, Golden Cypress Rowan, Strawberry Tree Magnolia, Flowering Cherry Scots Pine, Horse Chestnut Copper Beech, Flowering Cherry Birch, Yew, Willow Sycamore, Copper Beech Flowering Cherry, Horse Chestnut 75
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Below is a diagram of Queen Street from Sinclair Street to Suffolk Street showing the streets in grey North Side South Side Sinclair Street Lime, Sycamore Flowering Cherry, Hornbeam Lime, Weeping Ash Golden Cypress, Maple, Holly, Birch, Cherry Colquhoun Street Yew, Maple Holly, Cedar Cypress, Cedar Dogwood, Maple, Golden Cypress Sycamore, Beech Rowan James Street Lime, Douglas Fir, Birch Flowering Cherry, Larch Pine, Lime, Flowering Cherry John Street Tulip Tree, Cypress Larch, Sycamore, Maple Cherry, Hawthorn, Oak Oak, Flowering Cherry Weeping Ash Copper Beech, Horse Chestnut Lime, Sycamore, Flowering Cherry Willow, Spruce, Maple, Yew Beech, Holly, Willow, Birch Sycamore, Lime, Beech Redwood, Oak Laburnum, Sycamore, Maple Yew Birch, Cherry Sycamore Sycamore Flowering Cherry, Willow Spruce Maple, Yew Suffolk Street 76
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Appendix F Possible Boundary Changes to be considered at the Review stage The Hill House Conservation Area (possible World Heritage Site Buffer Zone): 1. relocation of the northern boundary some 250 metres north of the north side of the woodland plantation 2. moving the southern boundary to the centre of the carriageway of West Rossdhu Drive thus incorporating the railway halt and the wide verge, trees and boundary wall along the north side of West Rossdhu Drive 3. in conjunction with “A” below, bring in the Millig Burn and its associated wilderness. Upper Helensburgh Conservation Area: The adjustments which are suggested for review primarily involve the removal of areas of post war housing and the incorporation of contigu- ous sites of listed buildings. A. removal of the post war housing comprising Sinclair Drive and various cul-de-sacs extending eastwards B. inclusion of the Golf Clubhouse since it is of a similar vintage to the neighbouring properties within the Conservation Area C. inclusion of Victoria Infirmary and Helensburgh Cemetery D. review the boundary in the vicinity of King’s Crescent E. consider inclusion of the properties along the south side of East Montrose Street F. removal of a small number of modern houses to the west of Woodend Street and to the north of West King Street G. removal of the southwards bastion extending along the south side of West King Street as far as Suffolk Street H. removal of the whole of the area to the north of the south side of Kennedy Drive I. Inclusion of A.N. Paterson, Canary Houses on the west side of Rowallan Street and the north side of Millig Street J. South side of Argyle Street. A new Conservation Area? An evaluation of the town centre could be done, with a view to designating it as a Conservation Area. 77
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Appendix G Ideas Generated by Consultation for Future Action During the process of preparing the Appraisal, especially during the consultation phase, many ideas were generated concerning what might be done to preserve or enhance the quality of the Conservation Areas. These thoughts are more closely linked to a future Management Plan for the Areas and hence, do not form part of the Appraisal. Nonetheless, in order to preserve them for future consideration, they have been collected together and assembled into groups according to what aim the ideas were presumed to be seeking to achieve. Some are more controversial than others and some will undoubtedly provoke fierce debate. All are presented so that they can be evaluated and accepted or rejected. 1. To ensure the preservation and enhancement of the Special Character 1.1 Apply planning policy guidance consistently 1.2 Judge planning applications on the basis of the full range of impacts 1.3 Explore means of ensuring that trees in the Conser- vation Areas are safeguarded 1.4 Set out policies and criteria to assist decision making on planning control matters 1.5 Ensure that public utilities and Council Departments require clearance for actions ` 1.6 Support the bid for World Heritage status for The Hill House 1.7 Identify emerging issues and make recommendations for their resolution 1.8 Consider preparing a bid to the Historic Environment Regeneration Fund for implementation of the plan 1.9 Investigate the availability of funds for maintenance 2. To encourage appropriate preservation and enhance- ment 2.1 Develop incentive schemes 2.2 Produce a design guide for new build within Conser- vation Areas 2.3 Produce advice on the removal/replacement of garden trees and shrubs 2.4 Create arrangements to ensure that all residents are aware of the legal situation and any guidelines 2.5 Produce advice on traditional garden plants 2.6 Set out clearly the responsibilities of owners and occupiers 2.7 Set out criteria for judging the feasibility of retaining features 2.8 Provide guidance on restoration opportunities 2.9 Examine the scope for undoing conversions 2.10 Identify emerging issues and make recommenda- tions for their resolution 2.11 Produce a Q&A booklet for residents 2.12 Investigate funding sources and grant giving schemes 78
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Appendix G continued 3. To create a database to facilitate future assessment and planning 3.1 Establish database framework and accessibility 3.2 Monitor standards of maintenance 3.3 Establish a means of monitoring the state of the resource 3.4 Compile a CD-ROM or DVD with key information 3.5 Complete a townscape audit 3.6 Complete a plot size analysis 3.7 Create a register of example feu conditions 3.8 Commission a survey of garden features 3.9 Ensure relevant publications are acquired by the local library 3.10 Evaluate effectiveness of existing Tree Preservation Orders 3.11 Produce a review of Tree Preservation Orders and consents granted 4. To increase awareness of the special character of the area 4.1 Arrange for plaques to be erected outside notable houses 4.2 Produce a leaflet for the general public 4.3 Develop a series of trail leaflets—architects, styles etc. 4.4 Produce a DVD about Helensburgh and its Conser- vation Areas 4.5 Ensure information about the Conservation Areas is on Helensburgh web sites 79
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1 2 3 4 5 6 7 9 10 11 128 Front Cover Acknowledgements 1, 2, 3, 4, 6, 7, 8, 10 & 11 Jim Shimmins 5 & 12 Jenny Carlile 80
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designing A Policy Statement for Scotland streets Policies Street design must consider place before movement. Street design guidance, as set out in this document, can be a material consideration in determining planning applications and appeals. Street design should meet the six qualities of successful places, as set out in Designing Places. Street design should be based on balanced decision-making and must adopt a multidisciplinary collaborative approach. Street design should run planning permission and Road Construction Consent (RCC) processes in parallel. © Crown copyright 2010 ISBN: 978-0-7559-8264-6 RR Donnelley B63780 03/10 www.scotland.gov.uk > > > > > designingstreets A PolicyStatementforScotland
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Contents 1 Foreword John Swinney MSP Cabinet Secretary for Finance and Sustainable Growth 3 Introduction Status and aims of Designing Streets The value of good street design Policy relationship Who is Designing Streets for? Development of the document Streets and roads The relationship of Designing Streets to main and busy streets 5 How to use this document 7 Part 1: General: Creating streets and places 11 Part 2: Detail: Getting the design right 55 Part 3: Process: How to achieve better outcomes 59 Conclusion 60 Annex: Technical questions and answers What is the legal and technical context? What is the risk and liability? What are the issues regarding disability discrimination? What are the adoption and maintenance issues? 64 References © Crown copyright 2010 ISBN: 978-0-7559-8264-6 The Scottish Government St Andrew’s House Edinburgh EH1 3DG Produced for the Scottish Government by RR Donnelley B63780 3/10 ImagesSuppliedby ATKINS Cadell2 LLP City of Edinburgh Council Dougie Barnett Photography EDAW (AECOM) Gillespies HTA John Cooper Photography John Thomson & Partners Karen Esslement Keith Hunter Photography Land Use Consultants Living Streets Malcolm Fraser Architects Parc Craigmillar Paul Zanre Photography Phil Jones Associates WSP Acknowledgments Designing Streets was produced by a multidisciplinary team led by WSP UK. CoreTeam Elaine Barrie (WSP) Andrew Cameron (WSP) Karen Esslemont (EDAW) Keith Gowenlock – Project Director (WSP) Colin Innes (Shepherd and Wedderburn LLP) Phil Jones (Phil Jones Associates) Neil McDonald (WSP) David Nicol (WSP) Chris Pittner (WSP) Alan Young (WSP) SteeringGroup Mic Ralph – SCOTS (Glasgow City Council) Stuart D’all – SCOTS (Perth and Kinross Council) Paul Ince – SCOTS (East Lothian Council) Neil McLean – SEPA
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John Swinney MSP Cabinet Secretary for Finance and Sustainable Growth place Foreword Scotland’s best streets provide some of the most valuable social spaces that we possess. The process of street design offers an opportunity to deliver far more to our society than simply transport corridors. Well-designed streets can be a vital resource in social, economic and cultural terms; they can be the main component of our public realm and a core element of local and national identity. Well-designed streets can also be crucial components in Scotland’s drive towards sustainable development and responding to climate change. Attractive and well-connected street networks encourage more people to walk and cycle to local destinations, improving their health while reducing motor traffic, energy use and pollution. Historically, Scotland has produced a wealth of unique and distinctive streets, squares, mews and lanes, and I believe that there is a great deal that can be learned from our past successes in this regard. Designing Streets is now positioned at the heart of planning, transport and architecture policy. This document underpins Scottish Ministers’ resolve to move away from a prescriptive, standards-based approach in order to return to one which better enables designers and local authorities to unlock the full potential of our streets to become vibrant, safe and attractive places. I welcome Designing Streets as a new policy document which puts place and people before the movement of motor vehicles. The Scottish Government is committed to an agenda of sustainable development that focuses on the creation of quality places and Scottish Ministers believe that good street design is of critical importance in this effort. This policy statement represents a step change in established practices and, given the direct influence that streets can have on our lives and environment, I believe it to be an essential change. before movement 1
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Introduction LandUseConsultants 2
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3 StatusandaimsofDesigningStreets This document is the first policy statement in Scotland for street design. The premise upon which the document is based is that good street design should derive from an intelligent response to location, rather than the rigid application of standards, regardless of context. Designing Streets does not, thus, support a standards- based methodology for street design but instead requires a design-led approach. This demands taking into account site- specific requirements and involves early engagement with all relevant parties. Designing Streets marks the Scottish Government’s commitment to move away from processes which tend to result in streets with a poor sense of place and to change the emphasis of policy requirements to raise the quality of design in urban and rural development. Thevalueofgoodstreetdesign Streets exert an immense influence upon our lifestyles and behaviour. Street design also has a direct influence on significant issues such as climate change, public health, social justice, inclusivity and local and district economies. Designing Streets recognises these pressures and seeks to build a collective response through the design of new streets and the regeneration of existing streets that is informed by as wide a range of issues and stakeholders as possible. Through the introduction of this policy, the Scottish Government seeks to ensure that specific interests are no longer promoted without an appreciation of the wider context. Collaboration and awareness between what have often previously existed as singular processes is vital if the aims of Designing Streets are to be met. Policyrelationship This document sits alongside Designing Places1, which sets out government aspirations for design and the role of the planning system in delivering these. Together, they are the Scottish Government’s two key policy statements on design and place- making. Both documents are national planning policy and are supported by a range of design-based Planning Advice Notes (PANs). Designing Streets updates and replaces PAN 76 New Residential Streets2 (which is now withdrawn) and, in doing so, marks a distinct shift, raising the importance of street design issues from the subject of advice to that of policy. In addition, all previous road guidance and standards documents based on DB323 principles are superseded by Designing Streets. Many local authorities in Scotland have developed their own street design guidance and there is still an important role for local guidance to ensure that street design responds to local context. These existing documents may contain information on construction details and local palettes of materials which is still relevant, however information on principles, layout and street geometry which is not consistent with Designing Streets should be revised. Designing Streets should be adopted by all Scottish local authorities or should provide the basis for local and site-specific policy and guidance. Designing Streets is not astandards-based document. Balanced decision-making isat thecoreof this policy. Design-ledsolutions must be employed.
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4 WhoisDesigningStreetsfor? Designing Streets is aimed at everyone who plays a part in creating or determining the quality of streets; architects, engineers, planners, developers, politicians, local authorities and, indeed, anyone who has an interest in how street design is taken forward. It is important that professionals understand all of the key issues and do not restrict their interest to any one particular area. Designing Streets is expected to be used predominantly for the design, construction, adoption and maintenance of new streets, but it is also applicable to existing streets subject to re-design. Developmentofthedocument Designing Streets was developed for the Scottish Government by a multi-disciplinary team of roads and transportation engineers, urban designers, planners and legal advisors, led by WSP UK. The document has been informed by case studies and best practice, and was subject to significant stakeholder consultation. It derives, in essence, from Manual for Streets4, which was produced for the Department for Transport, the Welsh Assembly Government and Communities and Local Government. Manual for Streets is evidence-based guidance which focuses on lightly trafficked residential streets and cited and commissioned detailed research. Designing Streets has been tailored to meet Scotland’s needs and, as a policy document, does not reproduce this evidence in detail. Streetsandroads Streets have to fulfil a complex variety of functions in order to meet people’s needs as places in which to live, to work and to move around. Their design requires a thoughtful approach that balances potential conflicts between different users and objectives. A clear distinction can be drawn in functional terms between roads and streets as follows: Roads are thoroughfares whose main function is to facilitate the movement of motor traffic. Streets have important public realm functions beyond those related to motor traffic. They are typically lined with buildings and public spaces and, whilst facilitation of movement is still a key function, they normally support a range of social, leisure, retail and commercial functions. All thoroughfares within urban settings and rural boundaries should normally be treated as streets. Reference should no longer be made to road hierarchies based on terminology such as local distributor/local access roads. > > TherelationshipofDesigningStreets tomainandbusystreets Designing Streets provides policy that should be followed in designing and approving all streets. Whilst its technical advice is aimed particularly at residential and lightly trafficked streets, many of the key principles are also applicable to other types of street, for example rural and high streets. When considering busier streets, the movement function of the street may well become more significant or complex but this should be resolved through an integrated design approach and should not compromise the quality or the sense of place. Design Manual for Roads and Bridges (DMRB)5 is the standard for the design, maintenance and improvement of trunk roads and motorways. There are some locations, however, where a more sensitive design that follows the principles of Designing Streets may well be appropriate, such as where a small burgh High Street is also a trunk road. Most importantly, a multi-disciplinary approach, full community engagement and a balanced appreciation of context and function is fundamental to successful outcomes in such cases. The diagram below shows where streets and roads exist and where they often meet. Designing Streets policy and guidance should be applied within all urban and rural boundaries
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5 Howtousethisdocument Designing Streets is split into three parts plus an annex: Part 1: General – Creating streets and places Part 2: Detail – Getting the design right Part 3: Process – How to achieve better outcomes The document begins with an overview of creating places, with street design as a key consideration. It then looks at the detail of how to approach the creation of well-designed streets. This is followed by a description of processes which should be followed in order to achieve the best outcomes. Within each part, the policies are highlighted, and then supported by background information. The Annex provides a series of questions and answers on some of the more technical issues. > > > General Creating streets and places Detail Getting the design right Process How to achieve better outcomes 01 02 03 Detail General Process
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6 Creating streetsand places KeithHunter
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7 Part01General Creatingstreetsandplaces Good street design can promote a better quality of living for everyone. Sustainable patterns of behaviour can be influenced greatly by the intelligent design of streets. It is therefore essential that all parties involved in street design ensure that streets contribute as positively to their environment as is possible. Creating good streets is not principally about creating successful traffic movement: it is about creating successful places. Streets have two key functions: place and movement. In the more recent past, vehicle movement has often dominated the design of streets, resulting in many streets being out of context with their location and overly influenced by prescriptive standards. The prime concern of Designing Streets, in contrast, is to reverse this trend and shift the focus firmly back to the creation of successful places through good street design. A‘senseofplace’ A sense of place can be considered as the character or atmosphere of a place and the connection felt by people with that place. A positive sense of place is fundamental to a richer and more fulfilling environment. It comes largely from creating a strong relationship between the street and the buildings and spaces that frame it. A positive sense of place encompasses a number of aspects, most notably the street’s: local distinctiveness; visual quality; and potential to encourage social and economic activity.> > > policies Street design must consider place before movement Street design guidance, as set out in this document, can be a material consideration in determining planning applications and appeals > > General Consider the place before vehicle movement Source:LeonKrier ✗ ✓
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8 Movement Providing for movement along a street is vital, but it should not be considered independently of the street’s other functions. The need to cater for motor vehicles is well understood by designers, but the passage of people on foot and cycle has often been neglected. Walking and cycling are important modes of travel, offering a more sustainable alternative to the car, making a positive contribution to the overall character of a place, public health, social interaction and to tackling climate change through reductions in carbon emissions. Achievingtherightbalancebetweenplaceand movement Streets should no longer be designed by assuming ‘place’ to be automatically subservient to ‘movement’. Good street design demands that issues of place and movement are considered together. The status of a street is dependent on its relative importance within a network in terms of both these considerations, and its status should commonly determine the design approach taken. It is only by considering both functions that the right balance will be achieved, but the focus of street design should be on creating a positive sense of place that is supported by an appropriate movement pattern. Other than in the design of motorways and some other inter-urban roads, it is seldom appropriate to focus solely on either place or movement functions, even in streets carrying heavier volumes of traffic, such as high streets. Place status denotes the relative significance of a street, junction or section of a street in human terms. The most important places will usually be near the centre of any settlement or built-up area, but important places will also exist along arterial routes, in district centres, local centres and within neighbourhoods. In new developments, locations with a relatively high place function would be those where people are likely to gather and interact with each other, such as outside schools, in local town and district centres or near parades of shops. Streets that pass through these areas need to reflect the importance of these places in their design, which in new developments should be identified at the masterplan/scheme design stage. Movement status can be expressed in terms of traffic volume and the importance of the street, or section of street, within a network. Movement status should be considered in terms of all modes of movement, including vehicle traffic, pedestrian and cycle flows and public transport. Movement status can vary along the length of a route. Another way of assessing the movement status of a street is to consider the geographical scale of the destinations it serves. Here, movement status can range from national networks (including motorways) through to city, town, district, neighbourhood and local networks, where the movement function of motor vehicles is slightly lower. place comes first General
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9 Placeandmovementmatrix Defining the relative importance of particular streets/roads in terms of place and movement functions should inform subsequent design choices. For example: motorways – high movement function, low place function; high streets – medium movement function, high place function; and residential streets – low to medium movement function, medium to high place function. This way of looking at streets can be expressed as a two-dimensional matrix (right) where the axes are defined in terms of place and movement. Areas where people are likely to gather and interact with each other will have a high place function. The matrix recognises that, whilst some streets are more important than others in terms of traffic flow, some are also more important than others in terms of their place function and deserve to be treated differently. This approach allows designers to break away from previous approaches to hierarchy, whereby street designs were only based on traffic considerations. Once the relative significance of the movement and place functions has been established, it is possible to set objectives for particular parts of a network. This will allow the local authority to select appropriate design criteria for creating new links or for changing existing ones. Movement and place considerations are important in determining the appropriate design speeds, speed limits and urban structure, along with the level of adjacent development and traffic composition. Planning Permission may be refused and the refusal defended at appeal or local review solely on design grounds. Designing Streets is national planning policy and its policies should be taken into account by local authorities when determining planning applications and producing guidance. Designing Places and Designing Streets stand together as the two key design policy statements for Scotland. > > > Streetdesignguidance,as setoutinthisdocument,can beamaterialconsideration indeterminingplanning applicationsandappeals General Place function Residential street High streetMotorway Movem entfunction Cadell2LLP andJCooper
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10 Gettingthe designright JohnThompsonandPartners
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11 Part02Detail Gettingthedesignright The issues around good street design are highly dependent on context and may vary considerably in their nature and complexity from one circumstance to another. However, an approach which is underpinned by a consideration of the six qualities of successful places set out in Designing Places has clear benefits as a methodology to ensure that key issues are addressed. This policy statement elaborates on issues of street design in relation to these qualities and also describes an approach to the development of well-designed streets from large-scale to detailed considerations. – Distinctive policy Street design should meet the six qualities of successful places, as set out in Designing Places > Detail – Distinctive – Safe & pleasant – Easy to move around – Welcoming – Adaptable – Resource efficient These six qualities provide a framework which should be used when considering street design. To help show how they relate to each other, the table on the following pages identifies some of the key considerations which relate to ‘quality’. This information is then further supported by more detailed technical information on how to create good street design.
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12 Thesixqualitiesofsuccessfulplaces: Keyconsiderationsforstreetdesign distinctive Blockstructure The urban form should be distinctive with landmarks and vistas that provide good orientation and navigation of an area Contextandcharacter The requirements and impact of pedestrians, cycles and vehicles should be reconciled with local context to create streets with distinctive character Opportunities should be taken to respond to, and to derive value from, relevant elements of the historic environment in creating places of distinctive character > > > Street design should respond to local context to deliver places that are distinctive safe&pleasant easytomovearound Pedestriansandcyclists Street user hierarchy should consider pedestrians first and private motor vehicles last Street design should be inclusive, providing for all people regardless of age or ability Achievingappropriate trafficspeed Design should be used to influence driver behaviour to reduce vehicle speed to levels that are appropriate for the local context and deliver safe streets for all Reducingclutter Signs and street markings should be kept to a minimum and considered early in the design process Street lighting should be as discreet as possible, but provide adequate illumination Street furniture should be located for maximum benefit and to reduce pedestrian obstruction > > > > > > Connectionswithinaplace Street design should provide good connectivity for all modes of movement and for all groups of street users respecting diversity and inclusion Publictransport Public transport planning should be considered at an early stage in the design process Junctiontypesand arrangements Junctions should be designed with the considerations of the needs of pedestrians first Junctions should be designed to suit context and urban form – standardised forms should not dictate the street pattern > > > > Streets should be designed to be safe and attractive places Streets should be easy to move around for all users and connect well to existing movement networks Detail
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13 welcoming Walkableneighbourhoods Street layouts should be configured to allow walkable access to local amenities for all street users Streetsforpeople Streets should allow for and encourage social interaction > > Street layout and detail should encourage positive interaction for all members of the community adaptable resourceefficient Connectionstowider networks Street patterns should be fully integrated with surrounding networks to provide flexibility and accommodate changes in built and social environments Integratingparking Parking should be accommodated by a variety of means to provide flexibility and lessen visual impact Serviceandemergency vehicles Street layouts should accommodate emergency and service vehicles without compromising a positive sense of place > > > Orientation Orientation of buildings, streets and open space should maximise environmental benefits Drainage Streets should use appropriate SUDS techniques as relevant to the context in order to minimise environmental impacts Utilities The accommodation of services should not determine the layout of streets or footways Planting Street design should aim to integrate natural landscape features and foster positive biodiversity Materials Materials should be distinctive, easily maintained, provide durability and be of a standard and quality to appeal visually within the specific context > > > > > Street networks should be designed to accommodate future adaptation Street design should consider orientation, the integration of sustainable drainage and use attractive, durable materials that can be easily maintained Detail
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14 When designing streets, it is important to consider the relevant issues in a hierarchical way, working from issues of structure through to layout and geometry and on to matters of detail. The guidance in Designing Streets is structured in this way to help inform the understanding and approach of those involved in street design. Guidance in support of the considerations in the preceding table is now ordered hierarchically, providing information on street design from macro to micro scales. The hierarchy is a guide to understanding and addressing relevant issues, however there will be overlaps between issues dependant on specific circumstances. Streetdesignhierarchy Streetstructure Pedestrians and cyclists pg 15 Connections to wider networks pg 19 Connections within a place pg 20 Block structure pg 22 Walkable neighbourhoods pg 26 Public transport pg 28 Context and character pg 29 Orientation pg 31 Streetlayout Achieving appropriate traffic speed pg 32 Junction types and arrangements pg 36 Streets for people pg 38 Integrating parking pg 40 Emergency and service vehicles pg 44 Streetdetail Drainage pg 46 Utilities pg 48 Planting pg 49 Materials pg 50 Reducing clutter pg 51 Detail
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15 Streetstructure Pedestriansandcyclists Keyconsiderations Street user hierarchy should consider pedestrians first and private motor vehicles last Street design should be inclusive, providing for all people regardless of age or ability> > Edinburgh New Town The block dimensions are of a scale that encourages walking Detail Pedestrians Walking is the most sustainable form of transport. Streets should be designed, not only to allow for walking, but to actively encourage it to take place. The propensity to walk is influenced not only by distance, but also by the quality of the walking experience. All streets should offer a pleasant walking experience. Sightlines and visibility towards destinations or intermediate points are important for navigating and personal security, and they can help people with cognitive impairment. Pedestrians may be walking with purpose or engaging in other activities such as play, socialising, shopping or just sitting. The issues for street design in relation to these activities are explored later in the document. Within the context of Designing Streets, pedestrians include wheelchair users, mobility scooter users and people pushing wheeled equipment such as prams. Pedestrianmovement The layout of our towns and cities historically suited pedestrian movement though, over time, motor vehicles have come to dominate our streets. A return to the prioritisation of pedestrian movement over vehicle movement has implications for the design of crossings and street interfaces. Gillespies
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16 Surface level crossings can be of a number of types, as outlined below: Uncontrolled crossings – should have dropped kerbs. Informal crossings – can be created through careful use of paving materials and street furniture to indicate a crossing place which encourages slow-moving traffic to give way to pedestrians. Formal crossings – of which the Zebra crossing type involves the minimum delay for pedestrians when used in the right situation. There are four types of Signalised crossings – Pelican, Puffin, Toucan and Equestrian crossings. Puffin crossings have a variable crossing time; they use pedestrian detectors to match the length of the crossing period to the time pedestrians take to cross. Toucan and Equestrian crossings operate in a similar manner to Puffin crossings except that cyclists can also use Toucan crossings, while Equestrian crossings have a separate crossing for horse riders. Equestrian crossings can also be combined with cycle and pedestrian facilities. Signalised crossings are preferred by the older people and people with visual and mobility impairments. > > > There are a number of general principles which should be observed in the design of crossing places as follows: Consideration should be given to the raising of crossings, of whichever type to footway height where possible. Footway surfacing of contrasting colour should be used to demonstrate pedestrian priority and tactile paving should be used to indicate the change in condition to visually impaired pedestrians. Pedestrian refuges and kerb build-outs, used separately, or in combination, effectively narrow the carriageway and so reduce the crossing distance. Footbridges and subways should be avoided; they are usually unsuccessful and create hostile environments – the ground level should be prioritised for pedestrians. Pedestrian desire lines should be kept as straight as possible at side-street junctions. Small corner radii minimise the need for pedestrians to deviate from their desire line. > > > > The effects of corner radii on pedestrians Detail Pedestrian desire line ( ) is maintained Vehicles turn slowly (10-15 mph)> > Pedestrian desire line deflected Detour required to minimise crossing distance Vehicles turn faster (20-30 mph) > > > Pedestrian does not have to look further behind to check for turning vehicles Pedestrian can easily establish priority because vehicles turn slowly > > Pedestrian must look further behind to check for fast turning vehicles Pedestrian cannot normally establish priority against fast turning vehicles > > DevonCountyCouncil
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17 With small corner radii, large vehicles may need to use the full carriageway width to turn. Swept-path analysis can be used to determine the minimum dimensions required. The footway may need to be strengthened locally in order to allow for larger vehicles occasionally overrunning the corner. The approach to footways and pedestrian movement should be design-led. Any footway should be fit for purpose, but should give primary importance to delivering positive, attractive spaces. There is no maximum width for footways. In lightly-used streets (such as those with a purely residential function), the unobstructed width for pedestrians should generally be 1.5 – 2 m, however this can be varied to accommodate character and practical requirements. Additional width should be considered between the footway and a heavily used carriageway, or adjacent to gathering places, such as schools and shops. Porch roofs, awnings, garage doors, bay windows, balconies or other building elements should allow for clear movement of pedestrians underneath. Designers should attempt to keep pedestrian (and cycle) routes as near to level as possible along their length and width, within the constraints of the site. Longitudinal gradients should ideally be no more than 5%, although topography or other circumstances may require steeper gradients. Inviting pedestrian link Raised crossover, but located away from the desire line for pedestrians and therefore ignored – the crossover should be nearer the junction with, in this case, a steeper ramp for vehicles entering the side street This can cause particular difficulty for pedestrians with mobility or visual impairments Detail JohnThompson&Partners,QueenElizabethPark Andrew CameronW SP
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18 Cyclists Cyclists should generally be accommodated on the carriageway. Only where traffic volumes and speeds are high should the need for a cycle lane be considered. Cyclists are more likely to choose routes that enable them to keep moving. Routes that take cyclists away from their desire lines and require them to concede priority to side-street traffic are less likely to be used. Designs should contain direct, barrier-free routes for cyclists. The design of junctions affects the way motorists interact with cyclists. It is recommended that junctions are designed to promote slow motor-vehicle speeds. This may include short corner radii as well as vertical deflections. Cycle tracks are more suited to leisure routes over relatively open spaces. In a built-up area, they should be well overlooked. The headroom over routes used by cyclists should normally be 2.7 m (minimum 2.4 m). The maximum gradients should generally be no more than 3%, or 5% maximum over a distance of 100 m or less, and 7% maximum over a distance of 30 m or less. However, topography may dictate the gradients, particularly if the route is in the carriageway. A cycle route with a steep gradient may be better than none at all. Cycling by Design 2010, alongside the Cycling Action Plan for Scotland, is due for publication in April 2010 and will be available at www.transportscotland.gov.uk. Local Transport Note 2/08 Cycle Infrastructure Design6 contain further details on designing for cycles. Inclusivedesign Inclusive design should be a first principle in street design. The Disability Discrimination Act 20057 makes it unlawful for a public authority, without justification, to discriminate against a disabled person when exercising its functions. PAN 78, Inclusive Design8, contains information on inclusion and the roles and responsibilities of those involved in the built environment. An inclusive environment is one which can be used by everyone, regardless of age, gender, ethnicity or disability. Issues around disability and age are especially relevant to those involved in the design of the external environment. Particular effort should be made to engage with representatives from these groups and consider specific requirements when developing street design. This should be undertaken at an early stage in the design process. The requirements upon designers and decision makers regarding mobility equality are discussed later in this document in the Annex. > > The effect of corner radii on cyclists near turning vehicles Detail Cycle and car speeds compatible> Danger from fast-turning vehicles cutting across cyclists> DevonCountyCouncil JohnThompson&Partners The Department for Transport document, Inclusive Mobility9 provides detailed information on inclusive design. The Transport Scotland document, Disability Discrimination Act: Good Practice Guide for Roads10 contains information on inclusive design in the construction, operation and maintenance of road infrastructure.
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19 Connectionstowidernetworks Keyconsideration Street patterns should be fully integrated with surrounding networks to provide flexibility and accommodate changes in built and social environments > Connectinglayoutstotheirsurroundings Street networks should, in general, be connected. Connected or ‘permeable’ networks encourage walking and cycling, and make navigation through places easier. They also lead to a more even spread of motor traffic throughout an area and so avoid the need for distributor roads with less desirable place characteristics. Permeability of places is a crucial component in good street design. Internal permeability is important, but any area should also be properly connected with adjacent street networks. A development with poor links to the surrounding area creates an enclave which encourages movement to and from it by car rather than by other modes. New developments and alterations to existing street networks should be designed with multiple access points that connect with, and complement, existing street patterns. Themovementframework A key consideration for achieving sustainable development is how design can influence the way that people choose to travel. Designers need to respond to a wide range of policies aimed at making car use a matter of choice rather than habit or dependence. Regional and local transport strategies can directly inform the design process as part of the policy implementation process. It is recommended that the movement framework for a new development is based on the user hierarchy in the previous section, Pedestrians and cyclists. Applying the hierarchy will lead to a design that increases the attractiveness of walking, cycling and the use of public transport. Delays to cars resulting from adopting this approach are unlikely to be significant in residential areas. The movement framework should also take account of the form of the buildings, landscape and activities that contribute to the character of the street and the links between new and existing routes and places. Internally permeable neighbourhoods lacking direct connections with one another – to be avoided Consider how best the site can be connected with nearby main routes and public transport facilities The typical cul-de-sac response creates an introverted layout which fails to integrate with its surroundings A more pedestrian friendly approach that integrates with the surrounding community – it links existing and proposed streets and provides direct routes to bus stops The street pattern then forms the basis for perimeter blocks which ensure that buildings contribute positively to the public realm Bus stop Principal routes Internal streets Integrating new developments into the existing urban fabric is essential Detail StreetsandPatterns,Marshall TheUrbanDesignCompendium ✗
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20 Connectionswithinaplace Keyconsideration Street design should provide good connectivity for all modes of movement and for all groups of street users, respecting diversity and inclusion > Detail Connectedstreetnetworks In recent decades, the dominant patterns of development have been those in which housing, employment, retail and other facilities have been created in a segmentary fashion or zoned in separate areas, which are often poorly connected with one another. Such developments often increase the reliance on car use and discourage movement on foot. Government policy now supports the creation of mixed-use neighbourhoods with well-connected street patterns, where daily needs are within walking distance of most residents. Layouts built on these more traditional lines are likely to be more adaptable and will lead to lower car use, thus contributing to wider transportation and environmental objectives. The dispersed and zoned layout, as shown in the suburban sprawl diagram opposite, should not be used when designing new developments and this model should be avoided, where practicable, when considering existing or infill developments. Developments and streets should generally be structured around a compact and walkable layout. The diagram illustrating mixed and connected neighbourhoods, opposite, illustrates how this can be achieved; these layouts have a mix of uses spread throughout, rather than a zoned approach to use. To create a permeable network, it is generally recommended that streets with one-way operation are avoided. They require additional signs and result in longer vehicular journeys and higher speed. ✗ ✓ Suburban sprawl Mixed and connected neighbourhoods [Community facilities] [Business park] [Retail zone] [Residential zone]
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21 Casestudy Residentialstreets:Polnoon Polnoon is located at the western edge of Eaglesham village, an 18th-century Conservation Area village in East Renfrewshire. Planning permission for the site had been obtained in 2006 for the development of housing in a typical standards-led, cul-de-sac layout. In 2008, the Scottish Government, Mactaggart & Mickel Ltd and East Renfrewshire Council worked in a collaborative process to re-design the site to develop a new neighbourhood in accordance with the principles of Designing Streets and Designing Places. The sequence of diagrams illustrates the differences between the initial cul-de-sac layout and the more permeable, pedestrian-friendly design developed through the collaborative re-design process. The new layout offers a clear hierarchy of shared surface public realm spaces – streets, lanes, courtyards and a central square – which were designed to reduce vehicle speeds and create a more pedestrian-friendly environment. The re-designed new neighbourhood contains improved spatial permeability, an increased density from 92 to 121 dwellings and a more contextual treatment for standard house type elevations. Planning permission and RCC processes were run in parallel. B-Plan A simple, but key technique which was used in developing the Polnoon masterplan was the Bavarian B-Plan tool. This is an effective method for developing ideas by colour coding the three key issues in a layout: ‘movement’ in yellow, ‘buildings’ in red and ‘open space’ in green. The B-Plan images to the right show the differences between the previous consent and the re-designed masterplan. The Polnoon project sets a new standard for residential development across Scotland. The project clearly illustrates that, by putting place before movement when considering the design of streets, a better place can be created. Detailed information on the Polnoon project can be found at: www.scotland.gov.uk/Topics/ Built-Environment/AandP/Projects/Polnoon Layout Before After Before – Cul de sac After – Hierarchy of streets Bavarian B Plan: Bringing movement, buildings and open space all together Before 18% Movement 15% Buildings 15% Open space (Public) 52% Open space (Private) After 23% Movement 20% Buildings 15% Open space (Public) 42% Open space (Private) Detail
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22 Urban blocks Parking within potential for parking on all streets Important buildings around square Grass & trees Informal lane onto open space Small courtyard housingOverlooked pedestrian route MORE FORMAL MORE INFORMAL Key frontage MEWS MEW S Blockstructure Keyconsideration The urban form should be distinctive with landmarks and vistas that provide good orientation and navigation of an area > Detail Structure The structure of a street network can take a variety of forms, from formal grid layouts to more irregular arrangements. It is important to consider the street structures that are appropriate in any given situation. It may be that an existing grid structure is continued in order to maintain connectivity or perhaps it may be more appropriate to break an existing pattern to respond to important external factors such as vistas, topography or significant building lines. What is important is that responses to layout structure should be design-led and responsive to context. They should not be the product of standard approaches or the application of inappropriate models. The principle of integrated access and movement means that the perimeter block is usually an effective structure for residential neighbourhoods. A block structure works in terms of providing direct, convenient, populated and overlooked routes. In addition, it makes efficient use of land, offers opportunities for enclosed private or communal gardens, and is a tried and tested way of creating quality places. Within a block structure, the designer has more freedom to create innovative layouts. The layouts illustrated in this section, and variations on them (such as a ‘broken grid’ with the occasional courtyard), are recommended when planning residential and mixed-use neighbourhoods. Consideration should be given to the layout and impact of Sustainable Urban Drainage Systems (SUDS) when working on street and block layouts, as these can have determining effects on the overall urban structure. Detailed guidance on SUDS is given in this document in the section Street detail, Drainage. Andrew CamreonW SP Diagram illustrating a range of street and place typologies
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23 Streetpatterns Short and curved or irregular streets can contribute to variety and a sense of place, and may also be appropriate where there are topographical or other site constraints, or where there is a need to introduce some variation for the sake of interest. However, layouts that use excessive or gratuitous curves should be avoided, as they are less efficient, reduce legibility and make access for pedestrians and cyclists less direct. Straight streets maximise connections between places and can better serve the needs of pedestrians who prefer direct routes. The regular spacing of junctions, where drivers are required to slow, can be an effective method for reducing vehicle speeds on straight road layouts. Conventional culs-de sac, are strongly discouraged. The preference is for networked routes and spaces which connect new residential and mixed use areas together and link with existing development forms. Short culs-de sac may occasionally be required because of topography, boundary or other constraints. Caution must, however, be exercised when planning for culs-de sac, as they concentrate traffic impact on a small number of dwellings, require turning heads that are wasteful in land terms and lead to additional vehicle travel and emissions, particularly by service vehicles. Through connections for pedestrians and cyclists should be provided where possible but should be wide, well lit and well overlooked with active frontages. Rectilinear grid Concentric grids designed to promote access to local centres or public transport routes Irregular layouts Variations in block structure Detail Backsandfronts In general, it is recommended that different treatments are employed in the design of the fronts and backs of houses and other buildings. The basic principle is ‘public fronts and private backs’. Exceptions to this may be employed where the building form contains a double frontage, such as a colony house type. Colony streets can increase the density of a typical terrace and provide positive street edges in a distinctive manner. Busier streets should also follow this principle. Frontage development and multiple access points on busier streets add to activity intensity and traffic calming as well as a sense of place. Section through colony street illustrating double frontage
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24 Width Width between buildings is a key dimension and needs to be considered in relation to function and aesthetics. There are no fixed rules on street widths but account should be taken of the variety of activities taking place in the street and of the scale of the buildings on either side. The distance between frontages in residential streets typically ranges from 10 m to 18 m, although there are examples of widths significantly less than this working well. Rigid standards on street widths should be avoided and new streets should be laid out with consideration given to the relationship between scale and the nature of the space created. Height The public realm is defined by height as well as width or, more accurately, the ratio of height to width. It is therefore recommended that the height of buildings (or mature trees where present in wider streets) is in proportion to the width of the intervening public space to achieve the level of enclosure appropriate to the character and function of the street. Where building height is increased, it is important to avoid creating spaces with an oppressive or claustrophobic nature. Detail High street Mews Residential street 12 - 18m 7.5 - 12m18 - 30m Boulevard 27 - 36m Square 18 - 100m Length Street length can have a significant effect on the quality of a place. Acknowledging and framing vistas and landmarks can help bring an identity to a neighbourhood and orientate users. However, long straights can encourage high traffic speeds, which should be mitigated through careful design (see Street Layout section – Achieving Appropriate Traffic Speeds). Buildingsatjunctions The arrangement of buildings and footways has a major influence on defining the space at a junction. It is better to design the junction from this starting point rather than purely on vehicle movement. In terms of streetscape, a wide carriageway with tight, enclosed corners makes a better junction than cutback corners with a sweeping curve. This might involve bringing buildings forward to the corner. Junction treatments are explored in more detail in the Street Layout section. JohnThompson&Partners Variation in building height can add visual interest
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25 Squares&spaces A street and block structure can be enhanced with punctuations of public space. This may take the form of parks, green edges or formal and informal squares. The introduction of small, informal squares in a residential area can support navigation, provide social areas for people to gather and children to play, slow traffic speed and create positive character. The design of squares, both small and large, should respond to the context of the place. A square will not be successful unless it is aligned with the potential activities of a place and the building forms. Otherlayoutconsiderations The layout of a new housing or mixed-use area should take account of the following factors: the need to reduce the dominance of vehicle traffic; the need to mitigate noise pollution such as from roads or railways; the importance of orientation, variety and visual interest (The provision of views and vistas, landmarks, gateways and focal points are means to emphasise urban structure, hierarchies and connections.); the need for crime prevention, including the provision of defensible private and communal space, and active, overlooked streets (An appropriate mix of uses can often encourage activity and movement at all times.); the management of the transition from the public to the private realm (The space between the fronts of buildings and carriageways, footways or other public spaces needs to be carefully considered. Continuous building lines are preferred as they provide definition to, and enclosure of, the public realm.); the handling of building lines (Where no front garden is provided, the setback of dwellings from the street is a key consideration in terms of: defining the character of the street determining a degree of privacy; amenity space for plants or seating, etc.; and functional space for rubbish bins, external utility meters or storage, including secure parking for bicycles.); and the handling of car parking (Keeping garages and parking areas level with, or behind, the main building line can be aesthetically beneficial in streetscape terms.). > > > > > > > Detail Small residential square Local neighbourhood square Large urban square Cadell2 Malcolm FraserArchitects JCooper Gillespies HTA,Oakridgevillage HTA,Oakridgevillage
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26 Walkableneighbourhoods Keyconsideration Street layouts should be configured to allow walkable access to local amenities for all street users> Detail Thewalkableneighbourhood Walkable neighbourhoods are characterised by having a range of facilities within 5 minutes (up to about 400m) walking distance of residential areas which residents may access comfortably on foot. Where amenities cannot be provided within this area, good public transport links to relevant facilities should be accessible. In many cases, it may be better for a new development to reinforce existing centres and facilities rather than providing alternative facilities. Andrew CameronW SP 400m 5 minute walk
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27 Walkable neighbourhoods should be on an appropriate scale, with pedestrian routes matching desire lines as closely as possible. Permeable networks help minimise walking distances. Good connectivity and the formation of local or district centres are key to establishing walkable neighbourhoods. By concentrating facilities along key routes and junctions, particularly at the convergence of main routes, neighbourhood centres can be established that contribute both practical services and a local identity to a place. Within the larger context, walkable neighbourhoods should have good linkages to other local centres, building a larger network of distinct neighbourhoods. The hierarchy and scale of these neighbourhoods can vary within a town or city; the greater the density of development, the more facilities can be supported. Density is also an important consideration in reducing reliance on the private car. Scottish Planning Policy encourages a flexible approach to density, reflecting the desirability of using land efficiently and the need to promote higher density development in places well served by public transport. Residential densities should be planned to take advantage of proximity to activities, or to good public transport linking those activities. Detail CityofEdinburghCouncil
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28 Publictransport Keyconsideration Public transport planning should be considered at an early stage in the design process Busroutes The principal streets within a development should be the streets on which public transport runs. These should be identified in the design process, working in partnership with public transport operators. Bus routes and stops should form key elements of the walkable neighbourhood. Designers and local authorities should try to ensure that development densities will be high enough to support a good level of service without long-term subsidy. Layouts designed with strong connections to local networks, and which avoid long one-way loops or long distances without passenger catchments, are likely to be more viable. Using a residential street as a bus route need not require restrictions on direct vehicular access to housing. Detailed requirements for streets designated as bus routes can be determined in consultation with local public transport operators. Streets on bus routes should not generally be less than 6.0 m wide (although this could be reduced on short sections with good inter-visibility between opposing flows). The presence and arrangement of on-street parking, and the manner of its provision, may affect width requirements. Swept-path analysis can be used to determine the ability of streets to accommodate large vehicles. When considering the level of provision required for the movement of buses, account should be taken of the frequency and the likelihood of two buses travelling in opposite directions meeting each other on a route. > Busstops In new developments, it is essential to consider the siting of public transport stops and related pedestrian desire lines at an early stage of design. Close co-operation is required between public transport operators, the local authorities and the developer. Bus stops should be sited so they can be easily accessed by all pedestrians. Bus stops should be placed near junctions so that they can be accessed by more than one route on foot, or near specific passenger destinations. (schools, shops, etc.) The bus should generally stop on the street and not in a lay-by. Bus stops should be high-quality places that are safe and comfortable to use. Footways at bus stops should be wide enough for waiting passengers while still allowing for pedestrian movement along the footway. This may require local widening at the stop. Provision should be made within the streetscape for features that that assist passengers getting on and off buses. This may involve areas of raised footway. It is important that such features are integrated within the overall design of the street and do not pose difficulties for those with visual impairments. > > > > > > Detail Bustrackinginresidentiallayout
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29 Contextandcharacter Keyconsideration The requirements and impact of pedestrians, cycles and vehicles should be reconciled with local context to create streets with distinctive character Opportunities should be taken to respond to, and to derive value from, relevant elements of the historic environment in creating places of distinctive character > > Character Streets and the public realm at large play an important part in the development and expression of local character and culture. The character of a place is not determined by the particular materials or physical appearance of a place alone, but also by the patterns of movement and social interaction that it produces. When considering the structure of streets, it is important that street and block forms are selected that will enhance the character of an area. Street character types in new residential developments should be determined by a sensitive response to site conditions as well as the relative importance of both place and movement functions. When developing layouts, consideration should be given to the character of each individual street as well as the overall urban structure. Scotland has a wide range of distinctive street typologies and the successful arrangement of these can result in networks with positive characters. When developing street networks it can be useful to consider typologies such as the following, in order to create distinctive environments: high street tenement block mixed-use street avenue square courtyard crescent/circus cross mews lane/loan terrace/row vennel/wynd colony The above list is not exhaustive. It is important that the individual characteristics of any of the above street types are well defined and meaningful. Site specific design codes can ensure that the principal elements of a street’s character are controlled and distinct. >> > > > > > > > > > > > Detail The street hierarchy of Edinburgh New Town accommodates variety of character within a cohesive urban structure Main avenue mixed-uses/primary zone Residential street/secondary zone Residential and service lane/tertiary zone
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30 Variety Character can be enhanced and emphasised by variety in the streetscape. Punctuating key views with landmarks or green edges can provide visual cues that aid navigation as well as helping to develop areas of individual character within the overall urban structure. Developing a series of linked spaces with distinctive identities can also aid navigation while providing a cohesive character for a neighbourhood. By employing a network of varied streets, each with particular characteristics, a diverse streetscape with varied visual interest can be achieved. Variation in scale and density can develop areas with distinct physical characteristics as well as reflecting the types of activities that take place in the area. Detail Landmark/vista stop helps to develop a unique character, emphasise street hierarchy and aid navigation Green edge signifies a significant junction and a change in street pattern as well as offering visual relief and local amenity Ground floor commercial and retail space also emphasises the street hierarchy, provides amenity and an active street edge
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31 Orientation Keyconsideration Orientation of buildings, streets and open space should maximise environmental benefits> The orientation of streets can have a large impact on the environmental performance of buildings as well as contributing to perceptions of safety and attractiveness. Solarimpact Bright, sunny streets can foster a positive sense of place. The layout of streets should be considered in relation to building heights to maximise the amount of light reaching the public realm. This is particularly important in areas where people gather and activities take place. Local shops and facilities should be arranged to provide southerly aspects to the activities that will most benefit from bright, attractive external space. By arranging streets so that buildings are able to maximise solar gain, it is possible for buildings to reduce heat and light requirements. Principal elevations should address the sun path wherever possible and the presentation of blank gables to the south should be avoided. On occasion, it may be that narrow, intimate streets are appropriate to a particular context and will not require to have as direct a relationship to the sun path as a large public boulevard or square. Prevailingwind Traditionally, many street layouts evolved to respond directly to the prevailing wind direction. This led to streets where pedestrians were sheltered from the extremities of the environment, ultimately producing streets where people were more likely to gather and take ownership of a place. This also led to patterns of development that were particular or unique to the microclimate of a settlement and helped to evolve a distinctive local design response. Designers should take prevailing wind conditions into account to maximise on-street shelter and also to minimise the impact of cold air infiltration into buildings. This can have an impact on the direction of streets, the scale of individual buildings, street width and the relationship of a settlement to natural landscape features. Detail
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32 Streetlayout Achievingappropriatetrafficspeed Keyconsideration Design should be used to influence driver behaviour to reduce vehicle speed to levels that are appropriate for the local context and deliver safe streets for all For residential streets, a maximum design speed of 20 mph should normally be an objective. Designers should aim to create streets that control vehicle speeds naturally by well-crafted design from the outset rather than through unsympathetic traffic-calming measures added at the end of the design process. The provision of separate pedestrian and/or cycle routes away from motor traffic should only be considered as a last resort. Research has shown that the presence of pedestrians has an effect in reducing traffic speeds. Evidence from traffic calming schemes suggests that speed- controlling features are needed at intervals of around 60-80m in order to achieve speeds of 20 mph or less. Straight and uninterrupted links should therefore be limited to this range to help ensure that the arrangement has a natural traffic-calming effect. Designs should not rely solely on conventional traffic calming techniques, such as speed cushions and humps; these do little to develop a positive sense of place. Instead, speed- controlling features should be built into the layout of the street, taking advantage of building alignment, parking, road narrowings, landscaping and other design features, rather than resorting solely to vertical deflection. The range of traffic-calming measures available act in different ways: Psychology and perception – play a strong part in influencing driver behaviour. Street features and human activity can influence the speed at which people choose to drive. Features likely to be effective include: • edge markings that visually narrow the road – speed reduction is likely to be greatest where the edging is textured to appear unsuitable on which to drive; • buildings in close proximity to the street; • reduced carriageway width; • physical features in the carriageway; • features associated with potential activity in, or close to, the carriageway, such as pedestrian refuges; • on-street parking, particularly when the vehicles are parked in blocks on alternate sides of the street, either in echelon formation or perpendicular to the carriageway; • the types of land use associated with greater numbers of people, for example shops; schools and places of work; and • landscaping. > > Street dimensions – can have a significant influence on speeds. Keeping lengths of street between junctions short is particularly effective. Reductions in forward visibility – are associated with reduced driving speeds. Changes in priority/or no priority – at junctions. This can be used to disrupt flow and therefore bring overall speeds down. Physical features – involving vertical or horizontal deflection can be very effective in reducing speed. Materials – can reduce speed by both visual perception and by physical characteristics, such as cobbled surfaces. Reductions in carriageway width are most effective in reducing driving speed. > > > > > Detail Trees planted in the highway at Newhall, Harlow, help to reduce vehicle speeds EDAW
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33 Visibilityrequirements Visibility should be checked at junctions and along the street. Visibility is measured horizontally and vertically. Using plan views of proposed layouts, checks for visibility in the horizontal plane ensure that views are not obstructed by vertical obstructions. Checking visibility in the vertical plane is then carried out to ensure that views in the horizontal plane are not compromised by obstructions such as the crest of a hill, or a bridge at a dip in the road ahead. It also takes into account the variation in driver eye height and the height range of obstructions. Eye height is assumed to range from 1.05 m (for car drivers) to 2 m (for lorry drivers). Drivers need to be able to see obstructions 2 m high down to a point 600 mm above the carriageway. Speed Kilometres per hour 16 20 24 25 30 32 40 45 48 50 60 10 12 15 16 19 20 25 28 30 31 37 9 12 15 16 20 22 31 36 40 43 56 11 14 17 18 23 25 33 39 43 45 59 Miles per hour SSD (metres) SSD adjusted for bonnet length Detail 2000max. 600min. 2000max. 1050min. Typically 2400 Stoppingsightdistance The stopping sight distance (SSD) is the distance within which drivers need to be able to see ahead and stop from a given speed. The SSD values used in Designing Streets are based on research into deceleration rates, driver perception-reaction times and speed. These SSD values are appropriate for residential and lightly trafficked streets. The table below shows the effect of speed on SSD. These values are independent of traffic flow or type of road. It is recommended that they are used on all streets with 85th percentile wet weather speeds up to 60 kph. Below around 20 mph, shorter SSDs themselves may not achieve low vehicle speeds: the design of the whole street and how this will influence speed needs to be considered at the start of the process; e.g. the positioning of buildings and the presence of on-street parking. Further information on SSDs, including details of the calculation formula, and also the relationship between visibility and speed is available in TRL Report No. 33211 and TRL Report No. 66112.
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34 Visibilitysplaysatjunctions The visibility splay at a junction ensures there is adequate inter-visibility between vehicles on the major and minor arms. The distance back along the minor arm from which visibility is measured is known as the X distance. It is generally measured back from the ‘give way’ line (or an imaginary ‘give way’ line if no such markings are provided). This distance is normally measured along the centreline of the minor arm for simplicity, but in some circumstances (for example where there is a wide splitter island on the minor arm) it will be more appropriate to measure it from the actual position of the driver. The Y distance represents the distance that a driver who is about to exit from the minor arm can see to his left and right along the main alignment. For simplicity, it is measured along the nearside kerb line of the main arm, although vehicles will normally be travelling a distance from the kerb line. The measurement is taken from the point where this line intersects the centreline of the minor arm (unless, as above there is a splitter island in the minor arm). When the main alignment is curved and the minor arm joins on the outside of a bend, another check is necessary to make sure that an approaching vehicle on the main arm is visible over the whole of the Y distance. This is done by drawing an additional sight line which meets the nearest wheel track at a tangent. Some circumstances make it unlikely that vehicles approaching from the left on the main arm will cross the centreline of the main arm – opposing flows may be physically segregated at that point, for example. If so, the visibility splay to the left can be measured to the centreline of the main arm. Left-hand visibility splay Possible features preventing vehicles from crossing centre line Y distance Y distance Alternative left-hand visibility splay if vehicle approaching from the left are unable to cross the centre line X distance Right-hand visibility splay XandYdistances An X distance of 2.4 m should normally be used in most built-up situations, as this represents a reasonable maximum distance between the front of the car and the driver’s eye. A minimum figure of 2 m may be considered in some very lightly-trafficked and slow-speed situations, but using this value will mean that the front of some vehicles will protrude slightly into the running carriageway of the major arm. The ability of drivers and cyclists to see this overhang from a reasonable distance, and to manoeuvre around it without undue difficulty, should be considered. Using an X distance in excess of 2.4 m is not generally required in built-up areas. The Y distance should be based on values for SSD. Detail
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35 Forwardvisibility Forward visibility is the distance a driver needs to see ahead to stop safely for obstructions in the street. The minimum forward visibility required is equal to the minimum SSD. It is checked by measuring between points on a curve along the centreline of the inner traffic lane. Consideration should be given to vertical geometry and any other obstructions. There will be situations where it is desirable to reduce forward visibility in conjunction with other methods to control traffic speeds. Visibilityalongthestreetedge Vehicle exits at the back edge of the footway mean that emerging drivers will have to take account of people on the footway. The absence of wide visibility splays at private driveways will encourage drivers to emerge more cautiously. Consideration should be given to whether this will be appropriate, taking into account the following: the frequency of vehicle movements; the amount of pedestrian activity; and the width of the footway. Obstaclestovisibility Parking in visibility splays in built-up areas is quite common, yet it does not appear to create significant problems in practice. Defined parking bays can be provided outside the visibility splay if required, and the use of tracked streets that allow for informal parking is also an option. Encroachment of parking space into visibility splays should be avoided where practical. The impact of other obstacles, such as street trees and street lighting columns, should be assessed in terms of their impact on the overall envelope of visibility. In general, occasional obstacles to visibility that are not large enough to fully obscure a whole vehicle or a pedestrian, including a child or wheelchair user, will not have a significant impact on road safety. > > > An example of the reduction in forward visibility to reduce vehicle speed Forward visibility measured along centre of inner lane Visibility splays Visibility splay envelope Measurement of forward visibility Detail Andrew CameronW SP
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36 Junctiontypesandarrangements Keyconsideration Junctions should be designed with the considerations of the needs of pedestrians first Junctions should be designed to suit context and urban form – standardised forms should not dictate the street pattern > > Junctions The success of a well-designed junction frequently derives from the way in which buildings frame the space in which the junction sits. Decisions on building placement should be made first, with the quality of the space in mind, and the junction then designed to suit the space created. Junctions that should be used in residential areas include: crossroads and staggered junctions; T and Y junctions; formal and informal squares; and mini roundabouts. Junctions are generally places of high accessibility and good natural surveillance. Junctions generally, and crossroads junctions in particular, are therefore ideal places for locating facilities such as public buildings, shops and public transport stops. > > > > Junction design should facilitate direct pedestrian desire lines, and this will often mean using small corner radii. The use of swept path analysis will ensure that the junctions are negotiable by vehicles. However, consideration should be given to the robustness of the design and quality of construction to withstand any occasional vehicle overrun. Crossroads are convenient for pedestrians, as they minimise diversion from desire lines when crossing the street. They also make it easier to create permeable and legible street networks. Where designers are concerned about potential user conflict, they may consider placing the junction within a square or on a speed table. Conventional roundabouts are not generally appropriate for residential developments. Mini-roundabouts may have some application in residential areas, as they cause less deviation for pedestrians and are easier for cyclists to use. In addition, they do not occupy as much land. Practitioners should refer to Mini-roundabouts: Good Practice Guidelines13. Nodal form T Y Cross/ staggered Multi-armed Square Circus Crescent Regular Irregular Detail
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37 Spacingofjunctions The spacing of junctions should be determined by the type and size of urban blocks appropriate for the development. Block size should be based on the need for permeability and, generally, tends to become smaller as density and pedestrian activity increases. Smaller blocks create the need for more frequent junctions. This improves permeability for pedestrians and cyclists, and the impact of motor traffic is dispersed over a wider area. Junctions do not always need to cater for all types of traffic. Some of the arms of a junction may be limited to pedestrian and cycle movement only. Turningareas Connected street networks will generally eliminate the need for vehicles to turn around. Where it is necessary to provide for vehicles turning (e.g. in a cul-de-sac or court), a tracking assessment should be made to indicate the types of vehicles that may be making this manoeuvre and how they can be accommodated. The turning space provided should relate to its environment, not specifically to vehicle movement, as this can result in a space with no use other than for turning vehicles. To be effective and usable, the turning space must be kept clear of parked vehicles. It is essential, therefore, that adequate parking is provided for residents in suitable locations. Overrunareas Overrun areas should generally be avoided in residential and mixed-use streets. They can: be visually intrusive; interfere with pedestrian desire lines; and pose a hazard for cyclists. Overrun areas can, however, help to overcome problems with regular or high volume access for larger vehicles. Frontageaccess One of the key differences between streets with a 30 mph speed restriction or below and roads is that streets normally provide direct access to buildings and public spaces. This helps to generate activity and a positive relationship between the street and its surroundings. Providing direct access to buildings is also efficient in land-use terms. It is recommended that direct access on roads with a 30 mph speed restriction is acceptable with flows of up to 10,000 vehicles per day. > > > Quadrant kerbstones used instead of large radii at junctions reduce the dominance of the carriageway and respond to pedestrian desire lines – this is reinforced by the placement and form of the adjacent buildings Detail DavidNicol,W SP
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38 Streetsforpeople Keyconsideration Streets should allow for and encourage social interaction> decreasinglysegregated increasinglyshared increasinglycooperative Detail Streetsassocialspaces The design of all streets should recognise the importance of creating places for people to enjoy, rather than simply providing corridors for the movement of traffic. Streets should generally be designed with a focus on social interaction. A significant amount of interaction within a community takes place in the external environment, and street design should encourage this by creating inclusive social spaces where children can play, people can stop to chat, and other appropriate activities can take place safely. In order for this to occur, it is essential that vehicular traffic does not dominate the street. The propensity for people to use a street as a social space is increased by careful design and by applying the user hierarchy where pedestrians are considered first, as indicated in the section Pedestrians and cyclists. SharedSpace A Shared Space is a street or place accessible to both pedestrians and vehicles that is designed to enable pedestrians to move more freely by reducing traffic management features that tend to encourage users of vehicles to assume priority. Achieving this reduction in dominance can be assisted by the techniques described previously and also by the minimal use of traffic signs, road markings and other traffic management features where appropriate. With less, or no, traffic management measures giving clear indications of priority, motorists are encouraged to recognise the space as being different, drive more slowly, and respond directly to the behaviour of other users (including other motorists). Guard railing Excessive road markings and signs Conventional kerbs Intrusive lighting columns Vehicle movement and parking dominant No roadmarkings or signage Informal crossing More dominant pedestrian area Low kerbs Common material for footway area carriageway Reduction in vehicle parking impact Reduced carriageway width More informal street compositioning Sensitive soft landscaping Level surface – no deliniation between street user zones User hierarchy favours pedestrians
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39 Home Zones are essentially Shared Spaces, and are provided in residential areas. Home Zones can be formally designated as such under Section 74 of the Transport (Scotland) Act 2001,14 although there is no requirement to do so. Further guidance on the design of Home Zones concept schemes is given in Home Zones; Challenging the future of our streets15, Home Zone Design Guidelines16 and at www.homezones.org.uk. Levelsurfaces Some Shared Space schemes feature what is often referred to as a shared or level surface, although not all will do so. There is a variety of terminology used to describe this approach; this document will refer to the technique as a level surface. For the purposes of this guidance, a level surface is a street surface that is not physically segregated by kerb or level differences into areas for particular users. Level surfaces work best in relatively calm traffic environments. The lack of defined areas for pedestrians and vehicles is intended to indicate that the street is meant to be shared equally by all users. Motorists are expected to adapt their behaviour to that of other street users, driving slowly and giving way as appropriate. The key aims are to: encourage low vehicle speeds; create an environment in which pedestrians can walk, or stop and chat, without feeling intimidated by motor traffic; make it easier for people to move around, particularly wheelchair users and people pushing wheeled equipment such as prams; and promote social interaction. In the absence of a formal carriageway, experience shows that motorists entering the area will tend to drive more cautiously and negotiate the right of way with pedestrians on a more conciliatory level. Control of car parking needs to be considered in level surface areas. Car parking should be organised to deter cluttered streets and sufficient provision, including the provision of disabled parking spaces, should be allocated around a scheme to ensure that parking is distributed evenly and clearly. Level surfaces are only one component of the principles of Shared Space and should not be solely relied upon to create good streets or to slow traffic. Ensuringinclusivedesign Shared Space, and level surfaces in particular, can cause problems for some disabled people. The absence of a conventional kerb in level surfaces can pose problems for some blind or partially- sighted people, who often rely on this feature to find their way around. The lack of visual cues may also pose problems for pedestrians with cognitive difficulties. It is therefore important that level surface schemes include an alternative means by which visually-impaired people can navigate. Such elements can be designed in collaboration with local people, including representatives from local disability groups and access panels. > > > > Disability groups should also be invited to provide input throughout the Quality Audit stages. Quality Audits are explained in more detail in Part 3 How to achieve better outcomes. Any design solution should be informed by local context and the local community. Research commissioned by the Department for Transport looking into Shared Space is currently underway and is due for final publication in 2011. The first stage of the research was published in Shared Space Project Stage 1: Appraisal of Shared Space.17 The conclusions of this report include the statement that “evidence broadly suggests that Shared Space Schemes can deliver benefits: they appear to support economic activity, improve perceptions of personal security, be popular generally with the public and traders and increase freedom of movement for many people including some vulnerable pedestrians.” The report concluded that “a case can be made for level surfaces as a valid feature in some settings but that the detailed design of particular schemes needs to recognise and respond to the needs of all users.” It should be noted that this is an intermediate report and its findings will be subject to final clarification. Final outcomes of this research should be taken into account when considering Shared Space. Research commissioned by the Disabled Persons Transport Advisory Committee (DPTAC) on the implications of Home Zones for disabled people was published in 2007. Designing for Disabled People in Home Zones18 contains relevant guidance. Surfacetreatments Shared Space streets are often constructed from paviours or other materials rather than asphalt, which helps emphasise their difference from conventional streets. Research for Manual for Streets shows that block paving reduces traffic speeds by between 2.5 mph and 4.5 mph, compared with speeds on asphalt surfaces. The use of block paving can also provide permeable surfaces for drainage. Block paving may not be appropriate in all Shared Space or level surface areas, and contextual circumstances are key to decisions on materials. Coloured or textured asphalts can provide an effective delineation. Many Scottish towns and villages contain existing areas of successful level surfaces that use traditional materials or simple asphalt surfaces. Detail PerthshireHousingAssociation
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40 Integratingparking Keyconsiderations Parking should be accommodated by a variety of means to provide flexibility and lessen visual impact Cycleparking Providing enough convenient and secure cycle parking at homes and other locations for both residents and visitors is critical to increasing the use of cycles. In residential developments, designers should aim to make access to cycle storage at least as convenient as access to car parking. > Cycle parking that has good surveillance and is at a key location – in this example near a hospital entrance Carparking The Scottish Government’s general planning policy for car parking is set out in the Transport section of the Scottish Planning Policy (SPP)20. This makes it clear that it is important to consider a design-led approach to the provision of car parking space that is well- integrated with a high-quality public realm. A design-led and contextual strategy for car parking can often lessen the impact on the built environment. Car parking can be provided in a number of ways as set out over the following pages. Detail Reference should be made to the relevant local guidance and any relevant travel plans to determine the appropriate level of provision of cycle parking. The following key principles should, however, apply: Shared cycle parking facilities should be secure, overlooked and convenient to use with shelter provided wherever practical. Appropriate provision should be made for all potential users including children and visitors. Cycle parking can be provided in a number of ways such as: within garages; bespoke cycle storage; communal areas in flats; and on-street cycle racks. Cycle stands need to be located clear of pedestrian desire lines, and generally closer to the carriageway than to buildings. Cycle parking should be provided at bus and train stations to assist transition between transport modes. Cycle parking should be detectable by blind or partially sighted people. Further guidance on the design of cycling facilities is provided in LTN 2/08 Cycle Infrastructure design.19 > > > > > > Andrew CameronW SP
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41 On-street parking On-street parking in residential streets can help to reduce traffic speeds. This kind of parking can be counted towards the overall provision required in new developments, both for residents and visitors. Parking on adopted roads cannot be allocated to individual properties, but is a common resource. In the past, on-street parking bays have been rigidly defined, creating an artificial constraint on street layout. More informal parking arrangements are to be encouraged, such as the use of subtle widening within a street or by using end-on or angled parking within a square. Trees, planting or street furniture can be used to discourage indiscriminate parking in an attractive way. Parking violations, however, cannot be acted upon without Traffic Regulation Orders, with traffic signs and road markings to indicate the restrictions in place. An arrangement of parking bays adjacent to the running lanes is often the preferred way of providing on-street parking. It is recommended that, in most circumstances, at least some parking demand in residential and mixed-use areas is met with well-designed on-street parking: Breaking up the visual impact can sometimes be achieved by limiting on-street parking to small groups of around five spaces. In deciding how much on-street parking is appropriate, it is recommended that the positive and negative effects listed in the ‘On-street parking’ box are considered. > Gradual widening of the carriageway to create more informal on-street spaces, with running carriageway checked using vehicle tracking On-streetparking:positiveandnegativeeffects The positive effects of on-street parking are that it: provides a common resource, catering for vehicles used by residents, visitors and service providers in an efficient manner; is able to cater for peak demands from various users at different times of the day, for example people at work or residents; adds activity to the street and slows traffic; is typically well overlooked, providing improved security; is popular and likely to be well-used; can provide a useful buffer between pedestrians and traffic; and potentially allows the creation of areas within perimeter blocks that are free of cars. The negative effects of on-street parking are that it: can be visually dominant within a street scene and can undermine the established character; may lead to footway parking unless the street is properly designed to accommodate parked vehicles; can be dangerous and intimidating for cyclists, due to car doors opening and cars moving in and out; and can impair the social and play function of shared spaces if it is overly dominant. In most situations, it will not be necessary to provide parking spaces specifically for service vehicles, such as delivery vans, which are normally stationary for a relatively short time. > > > > > > > > > > > Detail
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42 Off-street parking Off-street parking will be required in many developments, whether on the house plot, in rear courtyards or in underground structures. On-plot parking should be designed so that the front garden is not overly dominated by the parking space. Off-street parking includes off-street courtyards and rear courtyards, and the key principles are that that they: are not car parks but places which have parking in them; should be overlooked by adjoining houses or by buildings entered from the parking area; and should normally include, at most, 10 parking spaces. If there are more spaces, the courtyard layout should be broken up. Where spaces are allocated in shared areas, these may not be adopted and do not constitute roads under the Roads (Scotland) Act 1984. Alternative arrangements for the future maintenance of these areas will need to be found, whether by a factor or through other agencies. Care must be taken to ensure good natural surveillance in any off-street parking areas. Vehicular accesses to any off-street parking areas will need to be taken into account within the overall street design. Basement or undercroft parking The advantage of putting cars underground is that it preserves the street frontage, uses land more efficiently and may be more convenient for drivers accessing the building, particularly in adverse weather. However, as with courtyard parking, much depends on the location and design of the entrance. Careful consideration should be given to the visual impact of undercroft parking at street level. > > > > > Detail Parking courts should be considered as positive places On-plot parking Parking within the front curtilage should generally be avoided as it breaks up the frontage, can be unsightly and restricts informal surveillance. On-plot parking may be suitable in restricted situations when integrated with other parking solutions and when considered in terms of the overall street profile. Garages Garages are not always used for car parking and this can create additional demand for on-street parking. Car ports are a good alternative. Dimensions for garages should be sufficient to recognise current vehicle sizes in order to encourage their use for car storage. Parking spaces for disabled people It is recommended that parking bays for disabled people are designed so that drivers and passengers, either of whom may be disabled, can get in and out of the car easily. They should allow wheelchairs users to gain access from the side and the rear. The bays should be large enough to protect people from moving traffic when they cannot get in or out of their car on the footway side. Dropped kerbs should be conveniently sited to enable drivers who use wheelchairs to gain easy access to footways. Further information is contained in PAN 78 Inclusive Design. Car Parking; What Works Where21 provides a comprehensive toolkit for designers that gives useful advice on the most appropriate forms of car parking relevant to different types of residential development. Consideration should also be given to the Safer Parking Scheme initiative of the Association of Chief Police Officers (ACPO) and aimed at reducing crime and the fear of crime in parking areas. PAN 77 Designing Safer Places22 also discusses this issue. > > > KarenEsslemont Discreet undercroft parking
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43 6.0m Parallel parking arrangement 2.0m 2.4m Perpendicular parking arrangement 4.8m 4.8m W Suggested parallel and perpendicular parking arrangements b1 90° 90° w1 Tracking assessment b1 < b2 w1 < w2 b2b 90° w w2 The effect on overall street width requirements when wider car parking spaces are provided The width (W above) needed to access echelon or perpendicular spaces conveniently, depends on the width of the bay and the angle of approach. For a 2.4 m wide bay, these values are typically: at 90 degrees, W = 6.0 m; at 60 degrees, W = 4.2 m; and at 45 degrees, W = 3.6 m. The width requirements can be reduced if the spaces are made wider. Swept-path analysis can be used to assess the effect of wider spaces on reducing the need for manoeuvring space, as illustrated in the diagrams below. > > > Where space is limited, it may not be possible to provide for vehicles to get into the spaces in one movement. Some back and fore manoeuvring may be required. This is likely to be acceptable where traffic volumes and speeds are low. Otherparkingissues Other issues for the design team and local authority to consider include: the appropriate level of car parking provision including the level of provision for disabled people (Blue Badge Holders); the negative impacts of conversion of front gardens to parking and parking in conservation areas; provision below normal demand (Lower levels can work successfully when adequate on-street parking controls are present and where it is possible for residents to reach day-to- day destinations, such as jobs, schools and shops, without the use of a car.); the potential for the use of car clubs which provide neighbourhood-based short-term car hire to members; > > > > Detail unallocated parking (Not all parking spaces need to be allocated to individual properties. Unallocated parking provides a common resource for a neighbourhood or a specific development.); and the hazards and inconvenience to pedestrians caused by footway parking (It is therefore recommended that footway parking be minimised through the design of the street.). > > Motorcycleparking In planning for private residential parking, in most situations motorcycles will be able to use car parking spaces, but in some situations it will be appropriate to provide designated motorcycle parking areas. Guidance on motorcycle parking is contained in Traffic Advisory Leaflet 02/02.23 General advice on designing streets to meet the need of motorcycles is given in the Guidelines for Motorcycling.24 To estimate the space required for parking motorcycles, it is recommended that a 2.0 m by 0.8 m footprint is allowed per motorcycle. Dimensionsforcarparkingspacesandmanoeuvringspace For parking parallel to the street, each vehicle will typically need an area of about 2 m wide and 6 m long. For echelon or perpendicular parking, individual bays will need to be indicated or marked. The rectangular bay area should be sized as follows: Absolute minimum of 2.4 m wide by 4.8 m long Desirable 2.5 m wide by 5.0 m long> >
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44 Emergencyandservicevehicles Keyconsiderations Street layouts should accommodate emergency and service vehicles without compromising a positive sense of place Emergencyvehicles The requirements for emergency vehicles are generally dictated by the fire service requirements. All development proposals should be discussed with the relevant Fire Authorities. The Association of Chief Fire Officers has expanded upon and clarified these requirements as follows: A 3.7 m carriageway (kerb to kerb) is required for operating space at the scene of a fire. Simply to reach a fire, the access route could be reduced to 2.75 m over short distances, provided the pump appliance can get to within 45 m of all points within a dwelling. If an authority or developer wishes to reduce the running carriageway width to below 3.7 m, they should consult the local Fire Safety Officer. Servicevehicles The design of streets should accommodate service vehicles without allowing their requirements to dominate the layout. On streets with low traffic flows and speeds, it may be assumed that vehicles will be able to use the full width of the carriageway to manoeuvre. Larger vehicles which are only expected to use a street infrequently, such as pantechnicons, need not be fully accommodated – designers could assume that they will have to reverse or undertake multi-point turns to turn around for the relatively small number of times they will require access. The involvement of the local authority in determining design solutions for service vehicles is important. Well-connected street networks have significant advantages for service vehicles. A shorter route can be used to cover a given area, and reversing may be avoided altogether. > > > Wastecollectionvehicles It is essential that liaison between the designers, the waste, roads, planning and building control authorities, and access officers, takes place at an early stage. Planning authorities should ensure that new developments make sufficient provision for waste management and recycling and should promote designs and layouts that secure the integration of waste management facilities without adverse impact on the street scene. Policy for local and regional waste planning bodies is set out in Scottish Planning Policy. Routing for waste vehicles should be determined at the concept masterplan or scheme design stage. Wherever possible, routing should be configured so that the refuse collection can be made without the need for the vehicle having to reverse, as turning areas may be obstructed by parked vehicles. While it is always possible to design new streets to take the largest vehicle that could be manufactured, this would conflict with the desire to create quality places. It is neither necessary nor desirable to design new streets to accommodate larger waste collection vehicles than can be used within existing streets in the area. Swept-path analysis can be used to assess layouts for accessibility. Where achieving these standards would undermine quality of place, alternative vehicle sizes and/or collection methods should be considered. BS 5906: 2005 recommends a maximum reversing distance for refuse vehicles of 12 m. Longer distances can be considered, but any reversing routes should be straight and free from obstacles or visual obstructions. Detail
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45 Section 3.25 of the Scottish Building Standards (Domestic) Technical HandbooK25 provides guidance on achieving the standards set in the Building (Scotland) Regulations 200426 with regard to solid waste storage and collection point. The collection point can be on-street or may be at another location defined by the waste authority. Key recommendations are that: residents should not be required to carry waste more than 30 m (excluding any vertical distance) to the storage point; waste collection vehicles should ideally be able to get to within 25 m of the storage point (although BS 5906: 2005 recommends slightly shorter distances) and the gradient between the two should not exceed 1:12; and there should be a maximum of three steps for waste containers up to 250 litres, and none when larger containers are used (The Health and Safety Executive recommends that, ideally, there should be no steps to negotiate). BS 5906: 200527 provides guidance and recommendations on good practice. The standard advises on dealing with typical weekly waste and recommends that the distance over which containers are transported by collectors should not normally exceed 15 m for two-wheeled containers, and 10 m for four-wheeled containers. > > > Detail
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46 Streetdetail Drainage Keyconsiderations Streets should use appropriate SUDS techniques as relevant to the context in order to minimise environmental impacts > Streetdrainage The majority of streets are designed to accommodate the disposal of foul and surface water and this needs to be considered at an early stage in the design of street layouts. This includes consideration of foul drainage, surface water and Sustainable Urban Drainage Systems (SUDS). Fouldrainage This will normally take the form of drains around the curtilage of buildings which come under the Building (Scotland) Regulations 2004 and sewers located in the street where the relevant guidance is found within Sewers for Scotland.28 The adoption process for sewers is set by Section 16 of the Sewerage (Scotland) Act 1968.29 The Scottish Water document Sewers for Scotland is a guide to facilitate the procurement, design, maintenance and adoption of sewers by Scottish Water. Surfacewaterdrainage The street provides a conduit for the storage or disposal of rainwater and, by its nature and its impact on the environment, the management of surface water runoff is a more complex matter than dealing with foul water. Sustainable drainage solutions adoptable by both local authorities and Scottish Water are set out in The SUDS Manual.30 The emphasis is on the sustainable management of surface water, whereby conveyance is maintained between SUDS features in the traditional sense using pipework and open channels with SUDS features enhancing water quality, amenity and biodiversity, whilst controlling run-off quantity. When considering the management of surface water, designers, developers and authorities need to take account of the PAN 61: Planning and Sustainable Urban Drainage,31 Scottish Planning Policy, and the Water Environment and Water Services (Scotland) Act 2003 (WEWS Act 2003).32 WEWS Act 2003 transposes the Water Framework Directive33 to assess, protect and enhance water environments in Scotland, into national law. The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR)434 have been introduced under WEWS Act 2003 to allow regulatory controls on this matter. The Flood Risk Management (Scotland) Act 200935 requires local authorities to assess and prepare maps of relevant bodies of water and SUDS which will assist in the preparation of flood risk management plans by each local authority. Detail LandUseConsultants The planning and management of surface water discharge from buildings and roads requires a co-ordinated approach to evaluating flood risk and developing an integrated urban drainage strategy. The responsibility for undertaking site specific flood risk assessments in new developments (FRA) rests with the developer. However, Scottish Planning Policy advocates a partnership approach, consulting with the relevant stakeholders to compile the FRA. This will involve the local authority as flood authority, the Scottish Environmental Protection Agency (SEPA) and Scottish Water. Sewers for Scotland recommends, and some local authorities require, that drainage criteria for new development comply with the drainage assessment requirements set out in Drainage Assessment – A Guide for Scotland.36
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47 SustainableUrbanDrainageSystems The term Sustainable Urban Drainage Systems covers the whole range of sustainable approaches to surface water drainage management. SUDS aim to mimic natural drainage processes and remove pollutants from urban run-off at source. SUDS comprise a wide range of techniques, including permeable paving, swales, detention basins, filter strips, filter drains, infiltration systems, bio-retention, ponds and wetlands. To realise the greatest improvement in water quality amenity and biodiversity and flood risk management, these components should be used in combination, sometimes referred to as the SUDS Management Train, as described in The SUDS Manual. SUDS are more sustainable than conventional drainage methods because they: manage run-off flow rates, using infiltration and the retention of storm water; protect or enhance the water quality; are sympathetic to the environmental setting and the needs of the local community; provide a habitat for wildlife in urban watercourses; encourage natural groundwater recharge (where appropriate); and can assist in reduction or removal of drainage network constraints. They do this by: dealing with run-off close to where the rain falls (source control); managing pollution at its source; and protecting water resources from pollution created by accidental spills or other sources. The use of SUDS is seen as a primary objective by the Government and should be applied wherever practical and technically feasible. Granting of planning permission will be dependent on agreement between the local planning authority and SEPA, as statutory consultees. It is a SEPA requirement that sufficient levels of SUDS are provided. New guidance, SUDS for Roads,37 has been developed by the SUDS Working Party, including representatives of SEPA, Scottish Water and local authorities, regarding acceptable forms of SUDS to be applied to roads. Detailed guidance on the selection and design of SUDS is contained in The SUDS Manual, Sewers for Scotland and SUDS for Roads. All stakeholders need to be aware of the importance of the application of SUDS as part of an integrated urban drainage strategy for a development. > > > > > > > > > Detail Andrew Cameron,W SP
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48 Utilities Keyconsiderations The accommodation of services should not determine the layout of streets or footways Utilities are an essential component of street infrastructure and can have an important effect on layout issues, such as footway widths. The accommodation of utilities must not, however, compromise the creation of a sense of place or influence the design disproportionately. It is essential to liaise with the utility companies when the layouts of the buildings and streets are being designed. Service strips should be designed to accommodate the services contained rather than by the application of rigid standards. > The availability and location of existing services should be identified at the outset. Where possible, all utility apparatus should be laid in ‘corridors’ throughout the site. This will facilitate the installation of the services and any future connections as the development proceeds. Most residential streets provide routes for statutory undertakers and other services. Detailed advice on providing for utilities in new developments can be found in NJUG Guidance38 and local authority guidelines. Detail An image of a layout driven by standards and formulaic solutions – the use of large radius bends, overly-dominant lighting columns, large building setbacks, inefficient land use, and inappropriate traffic calming contribute nothing to a positive sense of place Andrew CameronW SP
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49 Planting Keyconsiderations Street design should aim to integrate natural landscape features and foster positive biodiversity Intelligent and appropriate planting in street design is encouraged. Planting, particularly street trees, helps to soften the street scene while creating visual interest, improving microclimate and providing valuable habitats for wildlife. Whilst appropriate driver sightlines should be maintained, vegetation can be used to limit excessive forward visibility to limit traffic speeds. Care should be taken to preserve existing trees, particularly when changes to a street are planned. Consideration should also be given to the relationship of streets to existing and new green networks. Green networks can often provide pedestrian or cycle routes that offer increased connectivity and add a distinctive character area for people to enjoy. > Careful consideration needs to be given to appropriate tree selection, their location and how they are planted. Detailed advice on this issue is contained in the Communities and Local Government document, Tree Roots in the Built Environment.39 If possible, semi-mature trees should be planted. Slow-growing species with narrow trunks and canopies above 2 m should be considered. Maintenance arrangements for all planted areas need to be established at an early stage, as they affect the design, including the choice of species and their locations. The approval and maintenance of proposed planting within the street boundary will be required to comply with Sections 50 and 51 of the Roads (Scotland) Act 1984.40 Alternatives to formal adoption may require innovative arrangements to secure long-term management of planting. These may include the careful design of ownership boundaries, the use of covenants and annual service charges on new properties. Detail KarenEsslemontEDAW Atkins
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50 Materials Keyconsiderations Materials should be distinctive, easily maintained, provide durability and be of a standard and quality to appeal visually within the specific context Materialsandconstruction Places need to look good and work well in the long term. Design costs are only a small percentage of the overall costs, but it is the quality of the design that makes the difference in creating places that will stand the test of time. Well-designed places last longer and are easier to maintain, thus the costs of the design element are repaid over time. The specification for materials and maintenance regimes should be written to provide high standards of durability and environmental performance. Maintenance should be straightforward and management regimes should ensure that there are clear lines of responsibility. The long term success of places can be as dependent on visual appeal as durability. The quality of the design and its appropriateness to an area can have a significant effect on the extent to which a place is liked and well-used. Local authorities should be prepared to allow the use of alternative materials, landscaping treatments and features to those normally approved if they will help to create a positive sense of place and enhance context. It is recommended that all materials: are easy to maintain; are safe for purpose; are durable; are sustainable (including the manufacturing process and energy use); are appropriate to the context; and provide clear street definition and hierarchy.> > > > > > > Arrangementsforfuturemaintenance It is important that decisions on the future maintenance arrangements of the streets and public spaces in a development are made early in the design process. If the streets are to be adopted by the local roads authority, the layout and material choices must be acceptable to the authority. It is possible for streets to remain private but, ideally, a properly- constituted body with defined legal responsibilities will need to be established to maintain the streets to the common benefit of residents. A road authority will require legal certainty that the streets are going to be properly maintained in perpetuity by these private arrangements. Approval for construction of new private streets will be required under Sections 17 and/or 21 of the Roads (Scotland) Act 1984 and, under Section 13 of this Act, the local roads authority has powers to require a private road is maintained to a reasonable standard (as set by the authority). A roads authority may be unwilling to adopt items such as planting and street furniture (e.g. play equipment and public art) which are not considered to relate to the movement functions of the street. If there is no private management company, arrangements can be made for such features to be maintained by another local authority department. Detail GillespiesandPaulZanre
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51 Reducingclutter Keyconsiderations Signs and street markings should be kept to a minimum and considered early in the design process Street lighting should be as discreet as possible, but provide adequate illumination Street furniture should be located for maximum benefit and to reduce pedestrian obstruction Trafficsigns The Traffic Signs Regulations and General Directions 200241 (TSRGD), is a regulatory document which details every traffic sign prescribed for use in the UK. It includes all of the prescribed road markings, as a road marking is legally a sign. TSRGD also stipulates the conditions under which each sign may be used. Further advice on the use of signs is contained in the Traffic Signs Manual,42 which gives advice on the application of traffic signs in common situations. Compliance with TSRGD is mandatory. The Traffic Signs Manual is guidance and there is therefore scope for moving away from its recommendations if justified by local circumstances. Therequirementforsigns No sign is fundamentally required by TSRGD per se. Signs are only needed to warn or inform, or to give effect to Traffic Regulation Orders (TROs) and TSRGD simply sets out how signs must be used once it has been decided that they are necessary. Signs are most effective when used sparingly. Designers should ensure that each sign is necessary – they should use the flexibility within the TSRGD and associated guidance documents to ensure that signs are provided as required, but do not dominate the visual appearance of streets. The non-provision of signs and markings may be appropriate in lightly-trafficked environments specifically designed to promote low speeds. It reduces clutter and the relative lack of signage may also itself encourage lower vehicle speeds. Signs which have no clear purpose should be removed to reduce clutter and to ensure that essential messages are prominent. Although much signage is provided for the benefit of motorised users, it is generally located on the footway and can contribute to clutter. In the case of new developments, some road authorities seek to guard against having to install additional signs at their own expense later, by requiring all manner of signs to be provided by the developer at the outset. This will lead to clutter and is not recommended. The preferred way of addressing such concerns is to issue a bond to cover an agreed period, so that additional signs, if deemed absolutely necessary, can be installed later at the developer’s expense if required. > > > Detail JohnThompson&Partners Andrew CameronW SP Inappropriate signage Overly dominant signage that detracts from the place
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52 It is desirable to limit the number of posts in footways. Where possible, signs should be attached to adjacent walls, not more than 2 m from the edge of the carriageway, or be grouped on posts. Existing streets should be subject to a signs audit to ensure that they are not over-signed and, in particular, that old, redundant signs have been removed. The use of centre lines is not an absolute requirement. There is some evidence that, in appropriate circumstances, the absence of white lines can encourage drivers to drive at lower speeds. Most unsignalised junctions are designed assuming a dominant flow, with priority indicated by give-way signs and markings. There is no statutory requirement for junction priority to be specified. Unmarked junctions that require drivers to ‘negotiate’ their way through may be appropriate on lower volume streets, as this can help to control speeds. Streetfurniture Every piece of street furniture should earn its place in the street. Street furniture should have a clear function and should not be regarded as simple ornamentation. Street furniture should be integrated into the overall design of a street and relate to context. Street furniture that encourages human activity can also contribute to a sense of place. The most obvious example of this is seating, or features that can act as secondary seating such as low walls or planters. Wherever possible, street furniture should perform more than one function in the interests of reducing clutter and improving amenity. Seating is necessary to provide rest points for pedestrians, particularly older people or people with mobility or visual impairments, and extra seating should be considered where people congregate, such as squares, local shops and schools. Guidance is given in PAN 78 Inclusive Design and BS 8300.43 Seating can sometimes attract anti-social behaviour and therefore should be located where there is good lighting and natural surveillance. Guardrailing Guard railing should not be provided unless a clear need for it has been identified. Introducing measures to reduce traffic flows and speeds may be helpful in removing the need for guard railing. In most cases, it is unlikely that guard railing will be required on residential streets. Detail Andrew CameronW SP As well as being visually intrusive, the inappropriate use of guard railings can block pedestrian desire lines, with consequential possible dangers
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53 Lighting Where streets are to be lit, lighting should be planned as an integral part of the design of the street layout at an early stage. Lighting should illuminate both the carriageway and the footway. Consideration should be given to attaching lighting units to buildings to reduce street clutter. Under Section 35 (5) of the Roads (Scotland) Act, local authorities have the power to fix lighting to walls and buildings, subject to a statutory consultation with involved parties and a specified notice period. Lighting should be appropriate and sympathetic to the context. A street lighting assessment can be helpful in determining both the level of lighting and the type of equipment used in the area. In street design, consideration should be given to the purpose of lighting, the scale of lighting relative to human users of the street, the width of the street and the height of surrounding buildings. Where road and pedestrian area lighting are both required, some road authorities install lamp columns featuring a secondary footway light mounted at a lower height. This can assist in illuminating pedestrian areas well, particularly where footways are wide or shaded by trees. The colour of lighting is another important consideration. This relates both to people’s ability to discern colour under artificial light and the colour ‘temperature’ of the light. Light colour temperature is a consequence of the composition of the light, ranging simply from blue (cold) to red (warm). Generally, pedestrians prefer whiter lighting. Lighting should generally be in accordance with BS EN 13201-2,44 BS EN 13201-3,45 and BS EN 13201-4.46 Guidance on lighting design is given in BS 5489-1, Code of Practice for the Design of Road Lighting,47 to comply with the requirements of BS EN 13201. This is a guidance document only and local circumstances may require different approaches. Further guidance is contained within Controlling Light Pollution and Reducing Lighting Energy Consumption,48 PAN 51: Planning, Environmental Protection and Regulation49 and PAN 77: Designing Safer Places. Detail Andrew CameronW SP Building-mounted lighting
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54 Howto achievebetter outcomes Atkins 54
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Part03Process Howtoachievebetteroutcomes Designing Streets recognises that good design requires to be supported by an informed process. The large number of stakeholders involved in street design demands that the overlaps between professionals, decision makers and the public are fully integrated and work in a collaborative way. 55 Process policies Street design should be based on balanced decision-making and must adopt a multidisciplinary collaborative approach Street design should run planning permission and Road Construction Consent (RCC) processes in parallel > > Jointworkingprocesses Street design involves a wide range of contributors and it is essential that these individuals and organisations work together from the earliest point towards a common objective – the delivery of distinctive streets where functionality is accommodated within a positive sense of place. It is important for the various parts of local authorities to work together when giving input to a development proposal. Developers may be faced with conflicting requirements if different parts of local authorities fail to coordinate their input. This can cause delay and a loss of design quality. This is particularly problematic when one section of a local authority – for example the roads adoption/Roads Construction Consent (RCC) or maintenance engineers – become involved late in the process and require significant changes to the design. A collaborative process of partnership and cooperation is required from the outset between all relevant parties. Similarly, it is vital that developer teams also work in an integrated manner to deliver quality street design and provide appropriate interfaces with local authorities and other stakeholders. Engagement with agencies is encouraged as early as possible, preferably at pre-application stage. Detailed policy issues must be addressed as early in the process as possible in order to integrate solutions and streamline processes. Ongoing dialogue between all parties – developer teams, authorities, agencies, the public including disability groups and access panels – is essential. JohnThompson&Partners
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56 Casestudy PARCCraigmillar,Edinburgh PARC Craigmillar is a joint venture company between the EDI Group Ltd and the City of Edinburgh Council. Together with groups and representatives from the Craigmillar community, the Company works on the regeneration of the Craigmillar area in Edinburgh. Central to the regeneration project is the innovative approach to street design. The project contains successful Shared Space/ Home Zone areas and level surfaces that link the residential streets and new primary schools campus, providing an area in which vehicle movement is secondary to the activity of pedestrians. Much of the Shared Space area is constructed with permeable paving, which integrates drainage functions within the on-street parking bays and carriageway build-up. The design of the carriageway was undertaken in a collaborative process with the City of Edinburgh Council, to a standard that allowed the Council to adopt the streets including the areas of permeable paving. Careful and efficient incorporation of underground utilities and services was paramount to ensure the successful design of these streets. PARC Craigmillar’s Shared Space development at Wauchope Square has been nationally recognised - winning the best Home Zone category in the UK Street Design awards 2009, awarded by Local Government News. The work at Craigmillar illustrates how many of the functions of streets can be integrated in both innovative designs and collaborative processes that result in streets with a distinctive and positive character and excellent functionality. 03 KeithHunter KeithHunter Process
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57 Jointplanningpermission&RCCprocesses Research carried out for the Scottish Government in 2005 identified ways in which the Roads Construction Consent process could be better integrated with the planning approval process. This process has now been updated accordingly, and will provide greater certainty for developers taking forward more innovative designs and meet government objectives for streamlining the planning process. The chart below illustrates a method to follow to comply with the national policy on this matter. Residentialstreetapprovalprocess StreetEngineeringReview(SER)Notes Undertake SER in accordance with Local Authority guidance and relevant national policy/guidance (e.g. Designing Streets). SER to include areas such as: Agreement of street layout including landscaping proposals in relation to the following: – Vehicle tracking of layout (particular attention to be given to refuse vehicles and buses) – Approval of key visibility splays – Speed control – Agreement of drainage discharge rates – Agreement of SUDS techniques – Schematic drainage layout for foul and surface water including dimension requirements against building and landscaping – Key materials palette – Utilities strategy > Street Approval Process Obtain all necessary technical information including Street Engineering Review (SER) Planning Process Site appraisal Preparation of planning permission in principle Planning permission in principle Detailed planning permission Support Information InitialPlanningStage1 DetailedPlanningandStreet EngineeringStage2 RCC DetailedDesign SubmissionStage3 Early discussion with Planners, RCC Engineers to give advice on Engineering matters. Advice to be sought from SEPA and Scottish Water regarding drainage issues Planning permission in principle granted with consideration given to Street Engineering matters Street Engineering Review (please refer to notes below). Detailed consultations with RCC, Drainage, Utility Engineers along with Masterplanners Architects and Landscape Architects SER approval. Layout fixed for detailed RCC design Road Construction Consent Granted Stage 1 Quality Audit Transportation Assessment of development Flood Risk Assessment/ Drainage Study Utility Assessment Preparation of detailed RCC design in accordance with agreed development layout and principles set in SER Stage 2 Quality Audit SER guidance Process Approval of matters specified in conditions or application for detailed planning permission In some instances, insufficient detail may exist at planning permission in principle stage to justify RCC processes to take place. Balanced decisions on individual applications are required. Diagram:WatermanBoreham TransportPlanning
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58 QualityAudits The Quality Audit process aims to allow for more innovative design solutions where over safety-cautious practices can be omitted in favour of creating places that are high quality and enjoyable to use. A Quality Audit draws together assessments by various professionals, and each may be undertaken within particular guidelines. By grouping the assessments together, any compromises in the design will be apparent, making it easier for decision makers to view the scheme in the round. Quality Audits can ensure that street designs are appropriate and meet the objectives agreed at the outset. Documented audit and sign-off systems also provide a strong defence against any liability claims that may arise after the scheme has been implemented. Quality Audits are particularly beneficial in the following circumstances: at option testing stage; at pre-application stage; where strong tensions exist between different objectives, a Quality Audit will aid more balanced decision–making; for schemes within existing streets, where a quality audit will provide an opportunity for decision-makers to make a balanced assessment of different considerations before approving a particular solution; and for smaller schemes where no Design Statement will be required. The audit may include documents required by the local planning authority to support an application. A Quality Audit should be integral to the design and implementation and not a tick box exercise. A typical audit may include some of the following assessments but the content will depend on the type of scheme and the objectives which the scheme is seeking to meet: an audit of visual quality a review of how the street will be used by the community a Road Safety Audit an inclusive access audit a walking audit a cycle audit RoadSafetyAudits(RSA) The purpose of the RSA is to identify potential road safety problems. Road Safety Audits can be a key component within an overall Quality Audit. Road Safety Audits are routinely carried out for many road schemes. The Institution of Highways and Transportation (IHT) Guidelines on RSA sit alongside the relevant standard contained in DMRB as the recognised industry standard documents in the UK. The procedures set out in DMRB, however, are a formal requirement for trunk roads only. > > > > > > > > > > > It is important to understand that RSAs are not mandatory for local road authorities. Many residential streets, where the design is carried out by a developer’s consultant, are assessed independently by the local roads authority. In many authorities, there is no requirement for a further check by a Roads Safety Audit team, particularly where it is clear that motorised traffic volumes and speeds, and the degree of potential conflict between different user-groups, is not going to be significant. An RSA is not a check on compliance with design standards. Audits should take all road users into account, including pedestrians and cyclists. The auditor reviews the proposals and the local authority decides whether or not to accept particular recommendations. It is also important to note that the design team retains responsibility for the scheme and is not governed by the findings of the report. There is, therefore, no sense in which the scheme passes or fails the RSA process. Designers do not have to comply with the recommendations of a Safety Audit although, in such cases, they would be expected to justify their reasoning within a written report. The process set out in DMRB requires the audit team to be independent of the design team, and road safety issues are therefore often considered in isolation from visual quality and successful place-making issues. It can therefore be difficult to achieve a balanced design through dialogue and compromise. The requirement for independence need not, however, prevent contact between the design team and the audit team throughout the process. The involvement of road safety professionals as an integral part of the design team is recommended to help to overcome problems. This allows ideas to be tested and considered in more balanced and creative ways, and should overcome situations where perceived safety issues lead to late changes to schemes, often to the detriment of design quality. Another area of concern with the current system is that RSAs may seek to identify all possible risks without distinguishing between major and minor risks, or quantifying the probability of them taking place. There can also be a tendency for auditors to encourage designs that achieve safety through segregating vulnerable road users from road traffic. Such designs can perform poorly in terms of streetscape quality, pedestrian amenity and security and, in some circumstances, can actually reduce safety levels. It would therefore be useful if RSAs included an assessment of the relative significance of any potential safety problems. A risk assessment to consider the severity of a safety problem and the likelihood of occurrence would make it considerably easier for decision-makers to strike an appropriate balance. An example of a risk assessment framework is given in Highway Risk and Liability Claims.50 Process
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59 Conclusion Good street design impacts upon a wide variety of issues, and it is, thus, essential for all those involved in designing streets to work productively to achieve the goals of this policy document. The design rationale, processes and justification for a new approach to street design have been clearly laid out. It is, however, of central importance that individuals and organisations adopt both the spirit and the detail of this policy and engage in a proactive manner. The outcomes for all of those involved in street design are not simply designs, approvals or agreements: they are the delivery of new lively, vibrant and sustainable places of which Scotland can be proud for generations to come. Process JCooper
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60 Whatisthelegalandtechnicalcontext? A complex set of legislation, polices and guidance applies to the design of streets. There is a tendency among some designers and approving authorities to treat design guidance as hard and fast rules because of the mistaken assumption that to do otherwise would be illegal or counter to a stringent policy. This approach is wrong. It restricts innovation,and leads to standardised streets with little sense of place or quality. In fact, there is considerable scope for designers and approving authorities to adopt a more flexible approach on many issues. It is, therefore, Scottish Government policy in Designing Places and Designing Streets to encourage street design which engenders place and quality. By copying a standard example without due consideration, designers abrogate their own professionalism. When doing so, they still retain responsibility for the design, as it is their decision to copy a standard example which has been produced by individuals who may never have seen the site in question, and which may therefore not be suitable. The following comprise the various tiers of instruction and advice: the legal framework of statutes, regulations and case law government policy government guidance local policies local guidance design standards evidence and research base and the concept of ‘evidence-based design’ The Westminster and Scottish Parliaments and the Courts have established the legal framework. In this respect, certain aspects of transport are reserved to Westminster in terms of the Scotland Act 199851. For example, this includes the provisions which are the subject matter of the Road Traffic Act 198852, namely traffic signs and speed limits. The Scottish Government develops policies aimed at meeting various objectives which roads and planning authorities are directed to follow. Designing Places and Designing Streets are such policies. It also issues supporting guidance to help authorities implement these policies, including the guidance in this document. Evidence-based design has been developed as a concept within recent years. A distinction needs to be drawn between policies, guidance and practices that are, in essence, rule of thumb and that reflect simply a continuation of a conventional approach, and those that are based on science, statistics and designed experimental studies, and regularly challenged to ensure that they are relevant to modern needs and conditions. Designing Streets is supported by an evidence base. > > > > > > > Within this overall framework, road and planning authorities have considerable leeway to develop local policies and standards, and to make technical judgements with regard to how they are applied. Other bodies also produce advisory and research material on which they can draw. Whatistheriskandliability? Concerns around risk and liability frequently lead to the rigid application of standards that can stifle design-led, contextual approaches. Roads authorities have often applied a very cautious approach in order to avoid potential liability in the event of damage or injury. This over-cautious approach is ill-advised, and restricts innovation and responses to local context. Recent case law has established that drivers are primarily responsible for their own safety and although road authorities have a general duty under Section 39 of the Road Traffic Act 1988 to promote safety, this does not create a duty of care. A major concern expressed by some road authorities when considering more innovative designs, or designs that are at variance with established practice, is whether they would incur a liability in the event of damage or injury. This can lead to an over-cautious approach, where designers strictly comply with guidance regardless of its suitability, and to the detriment of innovation. This is not conducive to creating distinctive places that help to support thriving communities. In fact, imaginative and context-specific design that does not rely on conventional standards can achieve high levels of safety. The design of Poundbury in Dorset, for example, did not comply fully with standards and guidance then extant, yet it has very few reported accidents. This issue was explored in some detail in the publication Highway Risk and Liability Claims 2009. Claims against road authorities relate almost exclusively to alleged deficiencies in maintenance. Claims for design faults are extremely rare. The duty of the road authority to maintain the road is set out in the Roads (Scotland) Act 1984, and case law has clarified the law in this area. The courts in Scotland have adopted a cautious approach when considering the duty of care potentially owed by roads authorities. Merely because a roads authority has powers, this does not generally open up the authority to liability. The circumstances in which roads authorities have been held liable in damages have been very restricted. The restrictive approach has also been adopted in circumstances where the risk of an accident may well be foreseeable. (See Murray v Nicholls and Bennett v J Lamont & Sons). Annex:Technicalquestionsandanswers
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61 The Scottish line of authority has been recently reinforced by the House of Lords in the case of Gorringe v. Calderdale MBC (2004). A claim was made against a highway authority in England (‘roads’ authority in Scotland) for failing to maintain a ‘SLOW’ marking on the approach to a sharp crest. The judgement confirmed a number of important points which were that: the authority’s duty to ‘maintain’ covers the fabric of a highway, but not signs and markings; there is no requirement for the road authority to ‘give warning of obvious dangers’ and natural road hazards; and drivers are ‘first and foremost responsible for their own safety’. A handful of claims for negligence and/or failure to carry out a statutory duty have been made under section 39 of the Road Traffic Act 1988, which places a general duty on road authorities to promote road safety. In connection with new roads, Section 39 (3)(c) states that road authorities ‘in constructing new roads, must take such measures as appear to the authority to be appropriate to reduce the possibilities of such accidents when the roads come into use’. The Gorringe v. Calderdale judgment made it clear that Section 39 of the Road Traffic Act 1988 did not create a duty of care and, therefore, does not form the basis for a liability claim. Advice to road authorities on managing their risks associated with new designs is given in Chapter 5 of Highway Risk and Liability Claims (2009). In summary, this advises that authorities should put procedures in place that allow rational decisions to be made with the minimum of bureaucracy, and create an audit trail which could subsequently be used as evidence in court. Suggested procedures include the following key steps: set clear and concise scheme objectives; work up the design against these objectives; and review the design against these objectives through a quality audit. Balanceddecisions A suggested framework from Highway Risk and Liability Claims (2009) which accords with those set out in Designing Streets is: Vision – there should be an overall vision for an area that reflects local and national policy and, where appropriate, the views of the local community Objectives/Purpose – there should be a robust understanding of what the scheme is intended to do. This will normally include balancing: movement and place; risk and opportunity; and ensuring sustainability. Design – this should be worked up against the objectives Quality audit – this is a review of the design against the objectives set > > > > > > > > > Whataretheissuesregarding disabilitydiscrimination? Road and planning authorities must comply with the Disability Equality Duty under the Disability Discrimination Act 2005. This means that in their decisions and actions, authorities are required to have due regard to six principles, which are to: promote equality of opportunity between disabled persons and other persons; eliminate discrimination that is unlawful under the 2005 Act; eliminate harassment of disabled persons that is related to their disabilities; promote positive attitudes towards disabled persons; encourage participation by disabled persons in public life; and take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons. Those who fail to observe these requirements will be at the risk of a claim. Not only is there an expectation of positive action, but the duty is retrospective and local authorities will be expected to take reasonable action to rectify occurrences of non-compliance in existing areas. The Disability Rights Commission (DRC) has published a Statutory Code of Practice on the Disability Equality Duty53 and it has also published specific guidance for those dealing with planning, buildings and the street environment. Whataretheadoptionand maintenanceissues? Keyconsiderations The quality of the environment created by new development needs to be sustained long after the last property has been occupied. This requires good design and high-quality construction, followed by good management and maintenance. Authorities are encouraged to adopt a palette of suitable local and natural materials which allow for more creative design whilst being practical to maintain. Resource efficiency and sustainability should be addressed through the use of appropriate materials and systems including SUDS. The inclusion of planting (in particular street trees) is encouraged within the street environment. Roadsadoption–legalframework Provision of roads for new developments is controlled and consented by the local roads authority through the Roads Construction Consent (RCC) process, governed by Section 21 of the Roads (Scotland) Act 1984. For the purposes of adoption, all streets are deemed to be roads under this Act. > > > > > > > > > >
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62 Under the terms of the RCC, having first secured technical approval of the designs from the local authority, the developer is obliged to construct roads over which there is a public right of passage to an agreed standard. Expenses will be payable by the developer to the roads authority to cover its reasonable costs in inspecting the construction of the works and associated testing. The Roads (Scotland) Act 1984 sets out the obligations of the developer to construct the roads and maintain them for a set period of normally 12 months. Following the satisfactory discharge of these obligations, the new roads can be offered to the roads authority for adoption. If the road is adopted, it will in the future be maintainable by the roads authority. RoadBondSecurity Where Roads Construction Consent is granted relative to roads associated with housing development, the granting of the consent will require the deposit of sum or surety (Roads Bond) sufficient to meet the cost of constructing the road. The purpose of this bond is to enable the roads authority to meet the cost of constructing or completing the construction of the roads, should the developer fail in his responsibility to do so under the terms of the granted RCC. Before any roads works commence on such a housing development, the developer will normally be required to have both the Roads Construction Consent and the Roads Bond in place. Thus, before any construction begins, the developer will normally be required either: to secure the payment of the estimated cost of the road works under the requirements of the Roads (Scotland) Act 1984; or to make an agreement with the road authority under terms of the Act and provide a Bond of Surety. Privatestreets Where a developer wishes streets to remain private, some roads authorities have incorporated conditions into the planning approval to require the developer to design, construct and to make arrangements for the future maintenance of the new streets to a standard acceptable to the authority. This agreement may still require the submission and approval of an RCC under the terms of Section 21 of the Act. Landscapefeaturesadoption Maintenance arrangements for all planted areas should be established at an early stage, as they affect the design, including the choice of species and their locations. The approval and maintenance of proposed planting within the road boundary will be required to comply with Sections 50 and 51 of the Roads (Scotland) Act 1984. Alternatives to formal adoption may require innovative arrangements to secure long-term landscape management. These may include the careful design of ownership boundaries, the use of covenants and annual service charges on new properties. > > Whatisadoptable? The roads authority has considerable discretion in exercising its powers as to whether to grant a Roads Construction Consent under Section 21 of the Act. A roads authority can be required to adopt a road constructed in accordance with an RCC. The streets put forward for adoption must be constructed to the agreed standard and will be subject to a 12 month period of use as a road whilst being maintained to the agreed standard by the developer. Roads authorities have tended to only adopt streets that serve more than a particular number of individual dwellings or more than one commercial premises. Two to three dwellings is often set as the lower limit, but some authorities have set figures above this. DesignstandardsforRoadConstructionConsent Roads authorities are now encouraged to take a flexible approach to road adoption in order to allow greater scope for designs that respond to their surroundings and create a sense of place. It is recognised, however, that roads authorities will need to ensure that any future maintenance liability is kept within acceptable limits. One way of enabling designers to achieve local distinctiveness without causing excessive maintenance costs will be for roads authorities to develop a limited palette of special materials and street furniture. Such materials and components, and their typical application, could, for example, be set out in local design guidance and be adopted as a planning policy. Clear cases must be made where the adoption of designs are sought that differ substantially from those envisaged in a local authority’s design guide or Designing Streets. Developers should produce well-reasoned design arguments in relation to this. Roads authorities would normally be expected to adopt: residential streets, combined footways and cycle tracks; footways adjacent to carriageways and main footpaths serving residential areas; Home Zones and level surface streets; land within visibility splays at junctions and on bends (in some cases); street trees; any verges and planted areas adjacent to the carriageway; structures, i.e. retaining walls and embankments, which support the road or any other adoptable area; street lighting; gullies, gully connections and road drains and other road drainage features; on-street parking spaces adjacent to carriageways; and service strips adjacent to level surface streets.> > > > > > > > > > >
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63 Privatemanagementcompanies/factors Any unadopted communal areas will need to be managed and maintained through private arrangements. Typical areas maintained in this way include communal gardens, shared off-street car parking, shared cycle storage, communal refuse storage and composting facilities and sustainable energy infrastructure. Approvalprocessesfornewstreets The design and approval of new streets is governed by both planning and roads legislation. The design process must therefore recognise both sets of requirements. The Roads (Scotland) Act 1984 is the primary legislation for new roads, and all new roads must receive RCC under Section 21 of that Act prior to construction. Previous practice applied by most local authorities dictates that the formal RCC approval process only starts with the granting of planning permission, or at least with the agreement of the final planning layout. The process thus results in a 2-stage (planning and roads) approval process that not only significantly extends the overall statutory approval process and delays commencement of development construction but, by more rigid application of engineering requirements at this 2nd stage, can lead to a dilution of overall design quality. Street design requires an integrated approach to approval, involving collaboration between planning officers and RCC engineers. In this way, roads colleagues will be satisfied with the fundamentals of the development proposal, and can approve it in principle concurrent with the granting of planning permission. RCC engineers will have an important role to play as consultees in the planning application process. It is as a consultee that the roads authority can ensure that an appropriate 2-stage approach is adopted. The roads authority should be satisfied that sufficient information has been provided with the planning application to ensure that a subsequent RCC reflecting the design will not alter the details approved under the planning permission. These discussions should take place as early as possible – before a layout is worked up and a planning application submitted. It is important that any principles that have been agreed at this point in the design process are not revisited later, unless there has been a significant change in circumstances. Planning policies should set the overall benchmark for the design quality of any new development, which includes the new streets as a key part of the public realm. This is why local authorities should have specific planning policies on street design ideally within the development plan, or as Supplementary Planning Guidance (SPG). Planners and road engineers should work together to ensure policies are up to date and allow for the most appropriate street patterns. The flow chart contained in Part 3 of this document shows how a more integrated system should operate, and the key design decisions which would need to be taken, and signed off, at each stage. AdoptionofSUDS Adoption issues will need to be clarified at an early stage in the design process, with the likely adopting authorities; Scottish Water, local authority and potential private bodies. The amendments to Section 7 of the Sewerage (Scotland) Act 1968 published within SUDS for Roads, focus on adoption of SUDS at a regional level by encouraging a collaborative approach to shared systems between local authorities and Scottish Water. It is important for a continuous, team-based approach to this matter.
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64 References 1. Designing Places: Scottish Executive 2001 2. Planning Advice Note (PAN)76 Residential Streets: Scottish Executive 2005 3. Design Bulletin 32 (DB32) – Layout of Residential Roads and Footpaths: Institution of Civil Engineers (ICE) 1977. DB32 was not published in Scotland, although it has been widely used by roads authorities as a basis for Scottish standards. 4. Manual for Streets: Department for Transport 2007 gives advice for the design of residential streets in England and Wales. 5. Design Manual for Roads and Bridges (DMRB): The Highways Agency. The DMRB suite of documents is updated several times each year. 6. Local Transport Note 2/08 Cycle Infrastructure Design: Department for Transport 2008 7. Disability Discrimination Act 2005: The Stationery Office (TSO) 8. Planning and Buildings Standards Advice Note (PAN)78, Inclusive Design: Scottish Executive 2006 9. Inclusive Mobility – A Guide to Best Practice on Access to Pedestrian and Transport Infrastructure: Department for Transport 2002 10. Disability Discrimination Act: Good Practice Guide for Roads: Transport Scotland 2009 11. TRL Report No. 332 – Road layout design standards and driver behaviour: Transport Research Laboratory 1998 12. TRL Report No. 661 – Manual for streets: evidence and research: Transport Research Laboratory 2007 13. Mini-roundabouts: Good Practice Guidelines: Department for Transport 2006 14. Transport (Scotland) Act 2001: The Stationery Office (TSO) 15. Home Zones; Challenging the future of our streets: Department for Transport 2005 16. Home Zone Design Guidelines: Institute of Highway Incorporated Engineers (IHIE) 2002 17. Shared Space Project Stage 1: Appraisal of Shared Space: Department for Transport 2009 18. Designing for Disabled People in Home Zones: Disabled Persons Transport Advisory Committee (DPTAC) 2007 19. Local Transport Note (LTN) 2/08 Cycle Infrastructure Design: Department for Transport 2008 20. Scottish Planning Policy (SPP): Scottish Government 2010 21. Car Parking; What Works Where: English Partnerships 2006 22. Planning Advice Note (PAN) 77 Designing Safer Places: Scottish Executive 2006 23. Traffic Advisory Leaflet 02/02: Department for Transport 2005 24. Guidelines for Motorcycling: Institute of Highway Incorporated Engineers (IHIE) 2005 25. Scottish Building Standards Technical Handbooks: The Stationery Office (TSO) (2004) revised 2007. These Technical Handbooks provide guidance on achieving the standards set in the Building (Scotland) Regulations 2004 and are available in two volumes; for Domestic buildings and for Non-domestic buildings. 26. Building (Scotland) Regulations 2004: The Stationery Office (TSO) 27. BS 5906: 2005 – Waste management in buildings: British Standard 2005 28. Sewers for Scotland: Scottish Water (second edition) 2007 29. Sewerage (Scotland) Act 1968: The Stationery Office (TSO) 30. The SUDS Manual: CIRIA 2007 31. Planning Advice Note (PAN) 61: Planning and Sustainable Urban Drainage: Scottish Executive 2001 32. Water Environment and Water Services (Scotland) Act 2003 (WEWS Act 2003) 33. Water Framework Directive: The European Water Framework Directive came into force in December 2000 and became part of UK law in December 2003. 34. Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR)4: 35. Flood Risk Management (Scotland) Act 2009: The Stationery Office (TSO) 36. Drainage Assessment – A Guide for Scotland: Scottish Environmental Protection Agency/SUDS Working Party 2005 37. SUDS for Roads: SUDS Working Party (authored WSP) 2009 38. Volume 2: NJUG Guidelines On The Positioning Of Underground Utilities Apparatus For New Development Sites (Issue 3): National Joint Utilities Group 2007 39. Tree Roots in the Built Environment: Department for Communities and Local Government 2006 40. Roads (Scotland) Act 1984: The Stationery Office (TSO) 41. The Traffic Signs Regulations and General Directions: The Stationery Office (TSO) 2002 42. Traffic Signs Manual: Department for Transport 2006 43. BS 8300 – Design of buildings and their approaches to meet the needs of disabled people: British Standard 2009 44. BS EN 13201-2:2003: Road lighting. Performance requirements 2003 45. BS EN 13201-3:2003: Road lighting. Part 3: Calculation of performance 2003 46. BS EN 13201-4:2003: Road lighting. Methods of measuring lighting performance 2003 47. BS 5489-1:2003+A2:2008: Code of Practice for the Design of Road Lighting. Lighting of Roads and Public Amenity Areas (Amended 2008) 48. Controlling Light Pollution and Reducing Lighting Energy Consumption: Scottish Government (Web only from www.scotland.gov.uk) 2007 49. Planning Advice Note (PAN) 51: Planning, Environmental Protection and Regulation (Revised 2006) 50. Highway Risk and Liability Claims: UK Roads Board and the Institution of Civil Engineers (ICE) 2009 51. Scotland Act 1998: The Stationery Office (TSO) 52. Road Traffic Act 1988: The Stationery Office (TSO) 53. Statutory Code of Practice on the Disability Equality Duty (England and Wales) 2005: The Disability Rights Commission (DRC)
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Contents 1 Foreword John Swinney MSP Cabinet Secretary for Finance and Sustainable Growth 3 Introduction Status and aims of Designing Streets The value of good street design Policy relationship Who is Designing Streets for? Development of the document Streets and roads The relationship of Designing Streets to main and busy streets 5 How to use this document 7 Part 1: General: Creating streets and places 11 Part 2: Detail: Getting the design right 55 Part 3: Process: How to achieve better outcomes 59 Conclusion 60 Annex: Technical questions and answers What is the legal and technical context? What is the risk and liability? What are the issues regarding disability discrimination? What are the adoption and maintenance issues? 64 References © Crown copyright 2010 ISBN: 978-0-7559-8264-6 The Scottish Government St Andrew’s House Edinburgh EH1 3DG Produced for the Scottish Government by RR Donnelley B63780 3/10 ImagesSuppliedby ATKINS Cadell2 LLP City of Edinburgh Council Dougie Barnett Photography EDAW (AECOM) Gillespies HTA John Cooper Photography John Thomson & Partners Karen Esslement Keith Hunter Photography Land Use Consultants Living Streets Malcolm Fraser Architects Parc Craigmillar Paul Zanre Photography Phil Jones Associates WSP Acknowledgments Designing Streets was produced by a multidisciplinary team led by WSP UK. CoreTeam Elaine Barrie (WSP) Andrew Cameron (WSP) Karen Esslemont (EDAW) Keith Gowenlock – Project Director (WSP) Colin Innes (Shepherd and Wedderburn LLP) Phil Jones (Phil Jones Associates) Neil McDonald (WSP) David Nicol (WSP) Chris Pittner (WSP) Alan Young (WSP) SteeringGroup Mic Ralph – SCOTS (Glasgow City Council) Stuart D’all – SCOTS (Perth and Kinross Council) Paul Ince – SCOTS (East Lothian Council) Neil McLean – SEPA
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designing A Policy Statement for Scotland streets Policies Street design must consider place before movement. Street design guidance, as set out in this document, can be a material consideration in determining planning applications and appeals. Street design should meet the six qualities of successful places, as set out in Designing Places. Street design should be based on balanced decision-making and must adopt a multidisciplinary collaborative approach. Street design should run planning permission and Road Construction Consent (RCC) processes in parallel. © Crown copyright 2010 ISBN: 978-0-7559-8264-6 RR Donnelley B63780 03/10 www.scotland.gov.uk > > > > > designingstreets A PolicyStatementforScotland
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NATIONAL ROADS DEVELOPMENT GUIDE S C O T SS C O T S Mt<4 Vo^oU r EO ^. a. v[o1 ro1 f* ? ,i_ S3 a rT ^ _r;j 12- r^j 1 * o L/ r- /' • ■*''t! .-,- / , • / y ' BfritiT J ^ C-c ss >► // y --V\.i .\ A _ ■ r\ 1®rw* - ■•"vvs.NV*•' S£ V----';V* 7 /JH / A
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Acknowledgements ROADS DEVELOPMENT GUIDE Last updated August 2015 3 SCOTS National Roads Development Guide Project Steering Group John Thomson Perth & Kinross Council (Chairman) Richard Simmons Fife Council Ken Aitken Transport Scotland Mic Ralph Glasgow City Council Alistair MacKinnon, Rachel Kennedy Aberdeenshire Council John Danby The Highland Council Tom Rodgers Aberdeen City Council David Greenlade Inverclyde Council Andy Barnes, Graham Harris Angus Council Richard Gerring Moray Council Campbell Divertie, Bill Weston Argyll & Bute Council Jack McConnache, David Hilditch, Crawford Forsyth North Ayrshire Council Stuart Cullen Clackmannanshire Council Jim Johnston North Lanarkshire Council Ian Cooper, Graeme Alison Dumfries & Galloway Council Robert McArthur Renfrewshire Council Mike Giblin Dundee City Council Ron Elliot, Derek Inglis Scottish Borders Council Kevan Aitken, Stuart Norval East Ayrshire Council Colin Gair Shetland Islands Council Gary Blair East Dunbartonshire Council Emma Thomson South Ayrshire Council Grant Talac, Paul Ince East Lothian Council Fraser Jack South Lanarkshire Council Andrew McBride, Matthew Simpson City of Edinburgh Council Jim McGregor Stirling Council Craig Russell, Brian Raeburn Falkirk Council Robert Smith, Jim Stewart West Lothian Council
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Part 3 ROADS DEVELOPMENT GUIDE 74 3.1.2 Private Access (a) Access Criteria Similar to the above criteria, private vehicular access to developments will require to accommodate the numbers and types of vehicles using the access in a safe manner. The form of access may also require to be enhanced in order to accommodate pedestrians and cyclists. (b) Segregation at Commercial Accesses In the case of commercial developments, vulnerable users should be provided with a separate pedestrian access. (c) Individual Dwellings In general, access to individual dwellings should be by means of a dropped kerb footway crossing as shown in Figure 8. In rural or semi-rural areas the x and y distance is dependent on the speed of traffic on the road based on the relevant speed limit applicable at that location. Private Commercial Access Figure 8 Driveway Access
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Part 3 ROADS DEVELOPMENT GUIDE 75 Last updated June 2017 Figure 9 Single Minor Commercial Access, Housing Court or Car Park up to 50 spaces Figure 10 Minor Commercial Access or Car Park with more than 50 spaces Figure 11 Major Commercial or Industrial Access (d) Access Layouts Access layouts are shown in Figures 9 to 11. Note: These details require to be updated to narrow ramps and consistent passage along footway.
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 1 Ldra Limited, Dr Michael Hennell, Colin Evans, Priory Wharf Management Company Limited v Secretary of State for Communities and Local Government, Cammell Laird Shiprepairs and Shipbuilders Limited, Wirral Borough Council No Substantial Judicial Treatment Court Queen's Bench Division (Administrative Court) Judgment Date 6 May 2016 Case No: CO/5680/2015 High Court of Justice Queen's Bench Division Planning Court [2016] EWHC 950 (Admin), 2016 WL 01745179 Before: Mrs Justice Lang DBE Date: 6 May 2016 Hearing date: 14 April 2016 Representation Timothy Jones (instructed by Richard Buxton Solicitors) for the Claimants. Stephen Whale (instructed by The Government Legal Department ) for the First Defendant. The Second and Third Defendants did not appear and were not represented. Judgment Mrs Justice Lang: 1. In this claim under section 288 of the Town and Country Planning Act 1990 (“TCPA 1990”), the Claimants applied to quash the decision of the Secretary of State for Communities and Local Government, dated 13 October 2015, made on his behalf by an Inspector (Mr Richard Clegg), in which he allowed an appeal by Cammell Laird Shiprepairers & Shipbuilders Ltd (“the developer”), and granted planning permission for an on-shore office and warehouse building at the car park, Alabama Way, Birkenhead, Merseyside, CH41 5LJ (“the Site”), to serve as a marine operations and maintenance facility for off-shore projects The off-shore projects to be serviced by the development were windfarms in Liverpool Bay and the Irish Sea. A marine licence had been granted for the proposed floating pontoon and linkspan structure. 2. The Site is immediately adjacent to the River Mersey. Once the site of a railway, the car park and the adjacent Monks Ferry slipway are now owned by Wirrall Borough Council (“WBC”). The public currently enjoy access to the car park. Charter boat companies use the slipway with the knowledge of WBC. WBC has resolved that its freehold interest in the Site could be sold to the developer. However, planning permission for this development was refused by WBC on 23 July 2014, on the grounds that it would result in an unacceptable loss of amenity
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 2 for the occupiers at the adjacent residential development at Priory Wharf by virtue of increased noise, general disturbance and poor outlook. 3. The site is within an area designated as a Primarily Industrial Area in the adopted Wirral Unitary Development Plan (“Wirral UDP”). Policy EM6 provides that applications for new employment development (defined as falling within Classes B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 )) will be permitted, provided it does not lead to an unacceptable loss of amenity or have an adverse effect upon neighbouring uses. WBC concluded that the potential impact upon occupants of Priory Wharf would be contrary to Policy EM6. 4. On appeal by the developer, the Inspector identified six main issues (Appeal Decision (“AD”) [7]): i) The effect of the proposed development on the living conditions of nearby residents of Priory Wharf. ii) The effect of the proposed development on the operation of LRDA Ltd, the occupier of the offices to the south of the site. iii) The effect of the proposed development on nature conservation. iv) The effect of the proposed development on heritage assets. v) The suitability of the site for development, having regard to flood risk. vi) The effect of other considerations in the overall planning balance. 5. The appeal was opposed by the Claimants, who were adversely affected by the proposal, and had previously objected to WBC. 6. The First Claimant operates a high technology business on the industrial park immediately to the south of the Site. The Second Claimant, Dr Hennell, is the managing director and founder of the First Claimant company. 7. The Third Claimant, Mr Evans, is a member of the Mersey Charter Boat Association, a qualified yacht master and a charter-boat operator. He operates the “Mersey Lass” on the River Mersey for fishing trips and wreck diving. He has operated a charter boat service on the River Mersey since 1991. 8. The Fourth Claimant is the Priory Wharf Management Company Ltd which operates for the benefit of residents of Priory Wharf, the four storey residential complex located immediately to the north of the Site. 9. After a hearing lasting two days, and two site visits, the Inspector decided that the appeal should be allowed and planning permission should be granted, subject to conditions. His overall conclusions were as follows: “75. The appeal site lies within a primary industrial area on the UDP Proposals Map. Within this designation, the proposed offices and warehouse would be acceptable in principle. However the criteria in Policies EM6 and EM7 apply to new employment development and are also relevant. The development of the site at Alabama Way for a marine operations and maintenance facility would not cause unacceptable harm to the living conditions of nearby residents at Priory Wharf, nor would it result in material harm to the operations of LDRA Ltd. Insofar as nature conservation interests are
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 3 concerned, there would be no significant adverse effect, and I have found no conflict with Policies EM6 and EM7. 76. The proposal would not detract from the significance of heritage assets, and there would be no conflict with Policy CH1 of the UDP which seeks to safeguard listed buildings. Policies in the UDP concerning the developed coastal zone and the inter- tidal zone are also relevant to the appeal proposal. Whilst there is compliance with most provisions of Policies CO1 and COI7, the closure of about 40m of the riverside footway would conflict with the requirement to preserve public access to the coast. 77. As a consequence of the conflict with Policy CO1 concerning public access to the coast the proposal would not be fully consistent with the Development Plan. I consider that the effect on jobs is of neutral significance in the planning balance, but the proposal would contribute to the implementation of off-shore renewable energy projects, and it would thereby accord with a core planning principle of the NPPF. This is a significant benefit of the proposal which clearly outweighs the limited harm of conflict with Policy CO1 arising from the loss of a short stretch of footway.” 10. In their application under section 288 TCPA 1990 , the Claimants submitted that the Inspector erred in respect of his approach to: i) The adverse impact of vibration on the First Claimant's business; ii) The adverse impact on disabled persons, because of loss of the car park, and access to the riverside. iii) The loss of access to the slipway by charter-boat operators. iv) The proposed condition excluding B2 uses in the building. v) An alternative available site. 11. Ground 5 was added by way of a late amendment, and both parties filed late witness statements in respect of the issues which it raised. 12. The First Defendant's response was that the decision did not disclose any error of law on the part of the Inspector, who had considered all relevant matters, giving them such weight as he found appropriate, and reached conclusions on the planning merits of the proposal which could not be successfully challenged. Legal framework 13. Under section 288 TCPA 1990 , a person aggrieved may apply to quash a decision on the grounds that (a) it is not within the powers of the Act; or (b) any of the relevant requirements have not been complied with and in consequence, the interests of the applicant have been substantially prejudiced. 14. The general principles of judicial review are applicable to a challenge under section 288 TCPA 1990 . Thus, the Claimants must establish that the Secretary of State misdirected himself in law or acted irrationally or failed to have regard to relevant considerations or that there was some procedural impropriety.
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 4 15. The exercise of planning judgment and the weighing of the various issues are matters for the decision- maker and not for the Court: Seddon Properties v Secretary of State for the Environment (1978) 42 P &CR 26 . As Sullivan J. said in Newsmith v Secretary of State for the Environment, Transport and the Regions [2001] EWHC Admin 74 , at [6]: “An application under section 288 is not an opportunity for a review of the planning merits of an Inspector's decision.” 16. The determination of an application for planning permission is to be made in accordance with the development plan, unless material considerations indicate otherwise: section 38(6) of the Planning and Compulsory Purchase Act 2004 , read together with section 70(2) TCPA 1990 . The NPPF is a material consideration for these purposes. 17. An Inspector's decision letter must be read (1) fairly and in good faith, and as a whole; (2) in a straightforward down-to-earth manner, without excessive legalism or criticism; (3) as if by a well-informed reader who understands the principal controversial issues in the case: see Lord Bridge in South Lakeland v Secretary of State for the Environment [1992] 2 AC 141 , at 148G-H; Sir Thomas Bingham MR in Clarke Homes v Secretary of State for the Environment (1993) 66 P & CR 263 , at 271; Seddon Properties v Secretary of State for the Environment (1981) 42 P & CR 26 , at 28; and South Somerset District Council v Secretary of State for the Environment (1993) 66 P & CR 83 . Ground 1: Vibration 18. The First Claimant operates an international high technology business, including testing of bespoke computer programmes intended to ensure the safety of both civil and military aircraft. The equipment used for this is highly sensitive. The evidence of Dr Hennell was that the vibration generated by the proposed development, particularly during the construction phase, but also when in operation, would irrevocably harm its computer discs. It would have to re-locate to another site if the development went ahead. 19. The developer commissioned consultants who prepared a detailed “Construction Noise and Vibration Assessment” which referenced British Standard 5228–2 on Vibration, and the Approved Code of Practice, including best practice vibration mitigation requirements. BS 5228–2 addresses vibration limits for buildings, and contents of buildings, such as disc drives which are sensitive to vibration below the level directly perceptible to people. Because of uncertainty concerning the level of transmitted vibration, and its acceptability to the particular environment, preliminary trials and monitoring may have to be designed to establish a suitable procedure for the work. The report recommended a Noise and Vibration Management Plan, which would be incorporated into the Construction Environmental Management Plan, proposed as a condition of planning consent. 20. The Inspector accepted the evidence from the consultants that the risk of damaging vibration from the movement and engines of the crew transfer vessels was negligible. Vibration during construction would present a risk but it could be acceptably mitigated by use of the less intensive methods of work recommended in the report, and by monitoring. The Inspector imposed the conditions recommended by the consultants which provided that development could not take place until there was an approved plan addressing “construction noise and vibration management, monitoring and mitigation measures” which was to be adhered to throughout the construction period. In the light of this condition, he was not certain that it would be necessary for the business
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 5 to re-locate. Even if it did, the loss of jobs would be balanced by about 65 new jobs created by the development proposal. 21. The Claimants criticised the Inspector's decision, on the grounds that he failed adequately to address their concerns, and erred in his approach to the British Standards, and relied on monitoring instead of prevention. In my judgment, these criticisms were not justified. The Inspector gave proper consideration to the issue, and reached conclusions which were supported by the consultants' evidence. Ground 2: Disabled persons' access to the riverside 22. The Claimants submitted that the Inspector failed to appreciate and/or take into account that the likely impact of the development was that disabled persons would no longer be able to access the riverside. This was contrary to Policy CO1 of the adopted Wirral UDP which states that “ Public access to the coast will be expected to be preserved and where practical and safe to do so, enhanced .” Paragraph 20.19 of the reasoned justification provides that “ No development … should lead to a reduction in public access to the coast, and indeed where possible, should enhance it. ” In reaching his conclusions on this issue, the Inspector failed to discharge the public sector equality duty under section 149 of the Equality Act 2010 , in particular subsections (1)(a) and (b) and (3)(a) and (b) . 23. The Secretary of State agreed that section 149 of the Equality Act 2010 applied but submitted that the Inspector had discharged the duty by having due regard to the needs identified in subsections (1) and (3) . There was no error of law in his approach to access by disabled persons. 24. Section 149 of the Equality Act 2010 provides: “149 Public sector equality duty (1) A public authority must, in the exercise of its functions, have due regard to the need to— (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. (2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1). (3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to— (a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 6 (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. (4) The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities. (5) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to— (a) tackle prejudice, and (b) promote understanding. (6) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act. (7) The relevant protected characteristics are— age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation. …” 25. The public sector equality duty has been the subject of detailed consideration by the courts over the years. Mr Whale referred me to R (Coleman) v London Borough of Barnet [2012] EWHC 3725 (Admin) , in which Lindblom J. (as he then was) held that the local planning authority had due regard to the statutory equality duty which had been fully set out in the planning officers' report. Lindblom J. set out the principles to be applied as follows: “65. The relevant jurisprudence is clear and not controversial.
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 7 66. As Dyson LJ said in [ R (Baker) v Secretary of State for Communities and Local G overnment [2009] PTSR 809 ] (in paragraph 31), the duty is not a duty to achieve a result, but to have due regard to the need to achieve the statutory goals. This distinction, said Dyson LJ, is “vital”. The failure of a decision-maker to make explicit reference to the relevant statutory provision (in that case section 71(1) of the Race Relations Act 1976 ) would not determine whether the duty under the statute had been performed, for this “would be to sacrifice substance to form” (ibid., paragraph 36). Dyson LJ went on to say this: “37 The question in every case is whether the decision- maker has in substance had due regard to the relevant statutory need. Just as the use of a mantra referring to the statutory provision does not of itself show that the duty has been performed, so too a failure to refer expressly to the statute does not of itself show that the duty has not been performed. … To see whether the duty has been performed, it is necessary to turn to the substance of the decision and its reasoning. 38 Nevertheless, although a reference to section 71(1) may not be sufficient to show that the duty has been performed, in my judgment it is good practice for an inspector (and indeed any decision-maker who is subject to the duty) to make reference to the provision … in all cases where section 71(1) is in play. In this way, the decision-maker is more likely to ensure that the relevant factors are taken into account and the scope for argument as to whether the duty has been performed will be reduced.” 67. The court must consider whether due regard has been paid to the equality duty, and not simply whether the failure to have due regard to that duty was Wednesbury unreasonable ( R (Child Poverty Action Group) v Secretary of State for Work and Pensions [2011] EWHC 2616 (Admin) , at paragraphs 70 to 72). “Due” regard means, as Dyson LJ said in Baker (at paragraph 31), “the regard that is appropriate in all the circumstances”. The circumstances include “the importance of the areas of life of the members of the disadvantaged … group that are affected by the inequality of opportunity and the extent of the inequality” and “such countervailing factors as are relevant to the function which the decision-maker is performing” (ibid.). 68. As Aikens LJ said in [ R (Brown) v Secretary of State for Work and Pensions [2009] PTSR 1506 ] (at paragraph 35), “the general duty [in section 49A(1) of the Disability Discrimination Act 1995 ] is expressed in broad and wide-ranging terms of the needs or targets to bring about a change of climate, but the section is silent as to how it should be done”. He emphasized (at paragraph 82) the need for the decision- maker to “pay regard to any countervailing factors which, in the context of the function being exercised, it is proper and reasonable for the public authority to consider”. What these factors are in a particular case will depend on the function being exercised and all the circumstances that bear upon it. Aikens LJ added:
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 8 “… Clearly, economic and practical factors will often be important be important. Moreover, the weight to be given to the countervailing factors is a matter for the public authority concerned, rather then the court, unless the assessment by the public authority is unreasonable or irrational …” … 70. Performance of the due regard duty must be an integral part of the formation of the decision, not merely the justification for the making of that decision (see R (Kaur) v Ealing LBC [2008] EWHC 2062 (Admin) , at paragraph 24). Because the performance of the duty is a matter of substance, to be judged according to the facts of the case in hand, there must be enough information to enable the necessary balancing exercise to be carried out, and that information must be before the decision-maker (see Child Poverty Action Group , at paragraphs 70 to 76). In Brown it was held that the underlying objective of the general duty under section 49A(1) of the 1995 Act was “to create a greater awareness on the part of public authorities of the need to take account of disability in all its forms and to ensure that it is brought into “the mix” as a relevant factor when decisions are taken that may affect disabled people” (paragraph 30). 71. The decision under challenge in this case is a planning decision, the decision of a local planning authority to approve a scheme of development. It is not a decision of a public body to withdraw or reduce a particular service, such as the court had to consider, for example, in the Birmingham case, which concerned the provision made for disabilities in the then current budget of Birmingham City Council. Much of the case law is concerned with decisions of that kind. This is not to say that the public sector equality duty is less onerous in a planning case than it is in others. It is not. But in such a case the circumstances in which the authority's performance of the duty has to be scrutinized will inevitably be different.” 26. More recently, in Moore and Coates v Secretary of State for Communities and Local Government & Ors [2015] EWHC 44 (Admin) , another planning case, Gilbart J. provided a helpful summary of the law on the public sector equality duty: “109. In Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 , para 26 McCombe LJ summarised the principles to be derived from the authorities on s 149 , as follows: “(1) As stated by Arden LJ in R (Elias) v Secretary of State for Defence [2006] EWCA Civ 1293 at 274, [2006] IRLR 934, [2006] 1 WLR 3213 , equality duties are an integral and important part of the mechanisms for ensuring the fulfilment of the aims of anti- discrimination legislation. (2) An important evidential element in the demonstration of the discharge of the duty is the recording of the steps taken by the decision maker in seeking to meet the statutory
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 9 requirements: R (BAPIO Action Ltd) v Secretary of State for the Home Department [2006] EWCA Civ 1293, [2006] IRLR 934, [2006] 1 WLR 3213 (Stanley Burnton J (as he then was)). (3) The relevant duty is upon the Minister or other decision maker personally. What matters is what he or she took into account and what he or she knew. Thus, the Minister or decision maker cannot be taken to know what his or her officials know or what may have been in the minds of officials in proffering their advice: R (National Association of Health Stores) v Department of Health [2005] EWCA Civ 154 at 26–27] per Sedley LJ. (4) A Minister must assess the risk and extent of any adverse impact and the ways in which such risk may be eliminated before the adoption of a proposed policy and not merely as a “rearguard action”, following a concluded decision: per Moses LJ, sitting as a Judge of the Administrative Court, in Kaur & Shah v LB Ealing [2008] EWHC 2062 (Admin) at 23–24. (5) These and other points were reviewed by Aikens LJ, giving the judgment of the Divisional Court, in R (Brown) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin), [2009] PTSR 1506 , as follows: i) The public authority decision maker must be aware of the duty to have “due regard” to the relevant matters; ii) The duty must be fulfilled before and at the time when a particular policy is being considered; iii) The duty must be “exercised in substance, with rigour, and with an open mind”. It is not a question of “ticking boxes”; while there is no duty to make express reference to the regard paid to the relevant duty, reference to it and to the relevant criteria reduces the scope for argument; iv) The duty is non-delegable; and v) Is a continuing one. vi) It is good practice for a decision maker to keep records demonstrating consideration of the duty. (6) [G]eneral regard to issues of equality is not the same as having specific regard, by way of conscious approach to the statutory criteria.” (per Davis J (as he then was) in R (Meany) v Harlow DC [2009] EWHC 559 (Admin) at 84, approved in this court in R (Bailey) v Brent LBC [2011] EWCA Civ 1586 at 74–75.) (7) Officials reporting to or advising Ministers/other public authority decision makers, on matters material to the discharge of the duty, must not merely tell the Minister/ decision maker what he/she wants to hear but they have to be “rigorous in both enquiring and reporting to them”: R (Domb) v Hammersmith & Fulham LBC [2009] EWCA Civ 941 at 79 per Sedley LJ.” 110. McCombe LJ went on to identify three further principles, which may be summarised as follows: (8) It is for the Court to decide for itself if due regard has been had, but providing this is done it is for the decision maker to decide what weight to give to the equality implications of the decision (following R (Hurley & Moore) v Secretary of State for
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 10 Business, Innovation and Skills [2012] EWHC 201 (Admin) , per Elias LJ @ [77]- [78]). (9) “[T]he duty of due regard under the statute requires public authorities to be properly informed before taking a decision. If the relevant material is not available, there will be a duty to acquire it and this will frequently mean that some further consideration with appropriate groups is required” ( R (Hurley & Moore) v Secretary of State for Business, Innovation and Skills [2012] EWHC 201 (Admin) , per Elias LJ @ [89]). (10) The duty to have due regard concerns the impact of the proposal on all persons with the protected characteristic and also, specifically, upon any particular class of persons within a protected category who might most obviously be adversely affected by the proposal ( Bracking , per McCombe LJ @ [40]). 111. As to the importance of the second principle, McCombe LJ stated @ [60]-[61]: “it seems to me that the 2010 Act imposes a heavy burden upon public authorities in discharging the PSED and in ensuring that there is evidence available, if necessary, to demonstrate that discharge. It seems to have been the intention of Parliament that these considerations of equality of opportunity (where they arise) are now to be placed at the centre of formulation of policy by all public authorities, side by side with all other pressing circumstances of whatever magnitude” and “In the absence of evidence of a ‘structured attempt to focus upon the details of equality issues’ (per my Lord, Elias LJ in Hurley & Moore ) a decision maker is likely to be in difficulties if his or her subsequent decision is challenged”.” 27. In this case, the evidence before the Inspector was that public access to the river from Birkenhead is very limited. The Site is the only place in the area where public parking next to the river is readily available. The large car park is immediately beside the River Mersey, thus enabling disabled people and their carers to enjoy the river and the fine views across it, and to watch the activities of ships and smaller boats. Disabled people can remain in the car park area (which is built on two levels) or if they are sufficiently mobile, they can proceed a short distance to the riverside promenade (which forms part of the Wirral Circular Trail) either in a wheelchair or on foot. There was clear evidence before the Inspector from several sources that this car park, and the access which it gave to the river, was an amenity which was both regularly used and valued by disabled people (both adults and children with special needs). I am unable to accept Mr Whale's submission that there was insufficient evidence of use of the car park by disabled persons for this ground to succeed. 28. The proposed development will be built on the car park, and so visitors will no longer be able to drive and park by the riverside. Visitors will have to find street parking in Church Street or Ivy Street. From there they will have to proceed on foot along the streets and down a steep footpath for a distance of about 119 metres to reach the riverside. The Statement of Common Ground (“SCG”) recorded at paragraph 3.3, “ a steep gradient across the site with the highest elevation in the west of the site approximately 14m Above Ordnance Datum (AOD) sloping to approximately 5.5 AOD in the north east of the site ”. In a different context, when considering
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 11 the impact of the development on Priory Wharf at AD [16], the Inspector said that the appeal Site “ slopes down towards the waterfront from about 14m above Ordnance datum (AOD) at the junction of Alabama Way and Monks Ferry to above 6–7 AOD by the riverside wall ”. The discrepancy between the agreed figure of 5.5 AOD in the SCG, and the figure of “above 6–7 AOD” stated by the Inspector, was unexplained, as the SCG figure was not disputed at the hearing. 29. The Inspector's findings were as follows: “59. Policy CO1 expects that public access to the coast will be at least preserved, and Policy CO7 requires that public access should be preserved unless this would be impractical. The greater part of the appeal site comprises a public car park, and a riverside footway from the north continues across the site to its southern boundary. Plan AL16 identifies these areas as highway, which it is proposed would be stopped up. The justification to Policy CO1 refers to an objective of the Council to complete a continuous coastal route for pedestrians and cyclists. The proposal would not sever the riverside route, since a gate prevents access to the south beyond the appeal site. The footway between Priory Wharf and the appeal site would continue to provide public access from the surrounding area to the riverside and the route to the north to Woodside. Only a short stretch of footway would be excluded from public use by virtue of the proposal, and there would still be the opportunity to reach the riverside immediately to the north of the existing slipway. Nevertheless there would be a loss of public access across the site, a distance of about 40m, contrary to the requirement of Policy CO1 to preserve public access to the coast. I appreciate that it would be impractical to permit public access on foot within the operational site, and for this reason I find no conflict with Policy CO7. 60. There is disagreement between the parties concerning the usage of the public car park at Alabama Way. The car park is a pay and display facility, and the Council's evidence, endorsed by the Appellant, is that it is little used. Information from ticket sales for the period from January 2011 to April 2014 indicates that on average only 2–4 vehicles a day are parked on the site. Local residents reported that at times there could be up to 30 cars present, and it was suggested that the discrepancy with ticket sales could be due to use of the car park by disabled persons who are exempt from charges, and the non-purchase of tickets for some short stays. I note that photographs 9 and 10 in the Appellant's LVIA show use of the car park by at least 6 and 8 cars respectively, in excess of the Council's evidence but markedly less than the number suggested by local residents. There are opportunities to park on nearby streets, and the Council is satisfied that space here would accommodate parking displaced from Alabama Way. No parking survey of the locality has been submitted, but I anticipate that in the evening and at weekends, when there may be more people wishing to reach the riverside by car, competition for on-street spaces with vehicles associated with the industrial and commercial premises in the locality would be less than during the normal working day. That said, the off-street spaces are further from the riverside and less convenient to use, particularly for disabled persons. 61. As a consequence of redevelopment of the appeal site, there would be no direct access to a short stretch of riverside footway, and the loss of the car park would make it less convenient for those travelling to this part of the riverside by car to reach their destination. I conclude that the proposal would not preserve public access to the coast, and that it would conflict with Policy CO1 of the UDP. This is a matter to which I give limited weight, bearing in mind the short length of footway affected and the continuing opportunity to reach the riverside in the vicinity of Monks Ferry.”
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 12 30. The Claimants submitted that the Inspector's approach displayed a serious failure to understand the reality of the impact on disabled people. The proposed development was not merely inconvenient, as it would be for able-bodied people; rather it would prevent access to the riverside. Only able-bodied people would have the “ continuing opportunity to reach the riverside in the vicinity of Monks Ferry ”, referred to by the Inspector at AD [61]. 31. In my judgment, there was a strong argument, based on the written and photographic evidence, that disabled people with impaired mobility would find it very difficult or impossible to go down to the riverside if the development is built because (a) they would be parked too far away; and (b) the footpath down to the riverside, and back up, would be too steep for disabled people and their carers to manage. Even a disabled resident at nearby Priory Wharf said she would find it too difficult. Mrs Cartwright, resident at Priory Wharf, stated in her letter objecting to the development: “My husband unfortunately suffered a stroke two years ago so obviously he has restricted movement. We use that car park regularly, it is so convenient for me to run him round in the car …. I push him along the promenade because it is nice and flat. I could not do this otherwise because I am no longer young myself. The steep slope down to the car park on foot and with a wheelchair is out of the question for me. I am at a loss to understand the thinking on these plans because that area is used by many, it is the only open space left here that is not taken up by industry.” 32. Applying the legal principles set out above, I have concluded that the Inspector did not have due regard to the duty under section 149 in this case. In particular, because of the lack of any detailed consideration of the value of the existing amenity to disabled persons (including, for the immobile, being able to sit in the car and look at the river); the lack of any other comparable amenity in the Birkenhead area; the practical difficulties which would be experienced by persons with restricted mobility and their carers in descending and climbing the steep footpath to the riverside; and the apparent failure to consider whether the loss of the car park would not be merely “less convenient” for disabled persons but might well mean that they would be unable to access the riverside at all. If the Inspector was not fully appraised of the relevant information, he was under an obligation to seek the information required. The statutory equality duty was not mentioned in the planning officers' report, nor in the Inspector's decision. Of course, the Inspector could comply with the duty without specifically referring to it. But there is no indication in the decision that the Inspector considered the factors set out in section 149 , and tellingly there is no reference, express or implied, to the statutory considerations of removing or minimising disadvantages suffered by disabled persons, and taking steps to meet the needs of disabled persons. I consider it is likely that the Inspector overlooked section 149 in reaching his decision, and thus made an error of law. 33. I am unable to accept Mr Whale's submission that I should not quash the decision because this was only a sub-issue, not a main issue in the appeal, and if the Inspector had performed his statutory duty, the decision would have been the same in any event. In my view, the evidence of disadvantage to disabled persons was significant, and the Inspector failed to recognise its importance. I cannot say with confidence that the Inspector's conclusion as to the weight to be accorded to the factor of coastal access would have been the same if the Inspector had properly applied his mind to the considerations set out in section 149 . Moreover, the section 149 duty is concerned with the manner in which decisions are made, not merely outcomes. Ground 3: Loss of access to the slipway by charter-boat operators 34. The Claimants submitted that the Inspector failed adequately to address the adverse impact of the proposed development on charter-boat operators who would no longer be able to operate their businesses from Monks Ferry slipway. Mr Flint, who owns Discovery Charters Ltd, gave evidence that, because of the tides, Monks Ferry slipway was the only location within 60 miles where 24 hour access was feasible throughout the year. He used it regularly. The Third Claimant, Mr Evans, who runs diving and fishing trips from Monks Ferry throughout the year, confirmed that there was no suitable alternative access because of tidal conditions. Mr
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 13 Dickinson, who runs a single hull boat with a capacity of 10 passengers from Monks Ferry, also uses it full-time. He explained that there were eleven local charter boats and another 5 or 6 Welsh boats that used the slipway. Mr Parry, of Jensen Sea Angling, sent an objection in writing saying that although he mainly worked out of Liverpool Marina, he had to use the slipway when he could not access the Marina because of tides. 35. According to the Council, the slipway is not open to the public (it is gated); it is intended for use by the emergency services and the Council. The Claimants submitted that the 24 hour emergency access to and from the river at Monks Ferry ought, in the interests of safety, to be maintained. Use of the Monks Ferry slipway by the charter-boat operators is not officially authorised by WBC, but the Council has been aware of it for many years, and has not objected. A public or private right of access is now being investigated by the charter-boat owners. 36. The Inspector's conclusions were as follows: “64. I have also considered the implications of the proposal for charter boat operators who use the slipway to collect and disembark customers. Representatives of the Mersey Charter Boats Association explained that the slipway is used by about 11 local boats and 5/6 Welsh boats, principally in connection with fishing trips. The three operators who appeared at the hearing explained that there is no place other than the Monks Ferry slipway where they are able to gain 24 hours access to the Mersey. This is important since fishing trips do not typically last from one high tide to another, and each considered that inability to use the slipway would threaten the future of his business. However no detailed assessments have been submitted to demonstrate that the operation of these businesses cannot be adjusted to withstand the loss of access to the Monks Ferry slipway. Another operator, although objecting to the proposal, has stated that he uses the slipway on rare occasions and works out of Liverpool Marina during the winter months. 65. Although the charter boat operators make use of the slipway, their right to do so has been questioned by the Appellant. The slipway is owned by the Council, which has explained that the slipway is not open to the public, that there are no recorded permit holders, and that it is intended for use by the Council, emergency services and Government agencies. At the hearing the legal representatives of the Appellant and LDRA/ Dr Hennell agreed that private rights of way could be established if there was evidence of uninterrupted use over a period of 20 years. That is not a matter for consideration as part of this appeal. However, if a private right to access the slipway by the charter boat operators were established they should be able to continue using it irrespective of the development. On the other hand, if no such right were found to exist, there would appear to be no basis for their use of the slipway. 66. The proposal would create up to 65 new jobs, but there is a possibility that jobs at LDRA would be moved out of the area if redevelopment went ahead. The number of jobs created by Cammell Laird would be less than the number potentially affected at LDRA; however in my judgement there would be greater certainty attached to job creation by the development on the appeal site, and I consider that these factors carry equivalent weight. From what I have heard, the ability of the charter boat operators to continue to use the slipway by is not dependent on the outcome of this appeal. Overall, the implications of the proposal for jobs are a neutral factor in the planning balance.” 37. I understand why the charter boat operators were aggrieved at the Inspector's approach to this issue, in particular, because he did not fully accept their evidence. However, this is not a re-hearing of the appeal before the Inspector and the Inspector's conclusions can only be successfully challenged if there is an error of law. I am unable to identify any error of law in the Inspector's approach. In my view, he was not persuaded by their
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 14 evidence as to the likely impact on their businesses. On my reading of the decision, he did not decide this issue on the basis of whether there were or were not any rights of access to the slipway. 38. The point concerning provision for emergency access to the slipway was not pursued at the hearing before me. It ought to be addressed at any re-hearing of the appeal, if it remains a live issue. Ground 4: B2 use 39. The Claimants submitted that the Inspector erred in refusing to impose a condition restricting use of the building to B1 and B8 uses, excluding B2 use. 40. The application for planning permission was made upon the basis of proposed B1, B2 and B8 uses. The Design and Access Statement referred to a building within B2 use. This was consistent with the Site's allocation. The Statement of Common Ground recorded at paragraph 4.2: “1,500 sq m storage and office building (use class B2: general industry)”. 41. The Inspector refused to impose the condition proposed by the Claimants, and previously agreed by the developer, restricting the use of the building to B1 and B8 uses. He held: “74. The Appellant has put forward the proposal as a blend of B1, B2 and B8 uses. A condition restricting the use of the site to B1 and B8 uses would therefore be unreasonable. In any event conditions requiring a construction management plan and noise mitigation measures should protect the amenities of adjacent occupiers, and they would also render a condition concerning loud individual noises unnecessary.” 42. In my judgment, the Inspector's decision was correct. Although the evidence pointed to primarily B1 and B8 use, it was clear that the developer at all times sought B2 use as well. I do not consider that the Inspector misunderstood the Claimants' suggestion that the condition be limited to the building, despite his use of the word “site”. I find it inconceivable that the Inspector overlooked potential B2 use at this Site, when he granted planning permission and imposed conditions to protect the amenities of neighbouring occupants. Ground 5: An alternative available site 43. It was common ground at the appeal that it was appropriate for possible alternative sites to be considered and the developer presented a report considering six alternative locations. The Claimants submitted that the Inspector erred in his approach to a potential alternative site, running between Pacific Road, Woodside (near the Irish ferry terminal), and Seacombe (an area which includes the Mersey Ferry jetty and a derelict riverside site known as Kings Wharf/Fishermen's Wharf). This area was not considered by the developer. 44. The Inspector, at AD [67] to [70], considered the alternative sites presented by the developer and then said, at [70]: “Dr Hennell has pointed to unused land and foreshore between Pacific Road at Woodside and Seacombe, and has also made reference to the Liverpool side of the river. However there are no details of specific locations in these extensive areas. The information before me does not indicate that any of the alternative locations put forward would be more appropriate for the proposed marine operation and maintenance facility than the appeal site.” 45. It was not in dispute that the Inspector had the following material before him:
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 15 i) The appeal statement of Dr Hennell referred to “ extensive unused land and foreshore area between Pacific Road, Birkenhead and the Seacombe Ferry, Wallasey. This is already an area for deep-water operations, such as ferries to Ireland. ” ii) Dr Hennell's written presentation to the WBC Planning Committee stated “ there is an extensive unused land and foreshore area between Pacific Road and the Seacombe ferry. This is already an area for deep water operations (ferries to Ireland, etc). This land may also be in the possession of another company related to Cammell Laird .” 46. During the hearing before me, Dr Hennell's solicitors' notes were produced. They were good quality notes, and their accuracy was not disputed by the Secretary of State. After the site visits, the note summarised a roundtable discussion about alternative sites, in which Dr Hennell referred to “ North of Irish Ferry terminal. Land available ”. The Irish ferry terminal is at Woodside. The Claimants submitted that this was a further means of identifying the site to the Inspector. 47. The Inspector conducted an accompanied site visit by boat, travelling across the River Mersey from Liverpool towards Birkenhead, and back. According to the evidence of Mr Flint and Mr Dickinson, as they reached a point approximately 500m from the Site, it was possible to see the coastline from Woodside to Seacombe, north of the appeal Site. Mr Dickinson explained to the Inspector that WBC had suggested that the charter-boats could use Seacombe Ferry jetty but that it was too high for their boats. Mr Dickinson then pointed out the derelict land at Kings Wharf (also known as Fishermen's Wharf because of the public house there) and said that it could be used for the on-shore maintenance operations for the wind farms and the Seacombe Ferry jetty could be used for access to the river. At this point, Mr Vitkovitch of Cammell Laird interrupted and told the Inspector that Kings Wharf was not a suitable site. Dr Hennell was also present on the boat and has filed a witness statement confirming that the site which he referred to in his evidence was pointed out to the Inspector on the boat trip. 48. The Inspector has filed two witness statements dealing with this and other issues. In his first witness statement at paragraph 5, he stated that he interpreted Dr Hennell's description of an alternative location in his statement (set out above) as extending up to but not including the Seacombe Ferry. In paragraph 7, he stated that at the site visit, the hearing did not continue and so no evidence could be given. Those present were restricted to pointing out places and features. He said: “the boat travelled across the river from Liverpool Marina towards the appeal site and it then went upstream to Rock Ferry to enable views of possible alternative sites to the south of the appeal site. Seacombe Ferry is, by contrast, downstream and to the north of the appeal site. After Rock Ferry, the boat followed the same course in reverse back to Liverpool Marina. I have no recollection of a site at Seacombe Ferry being pointed out during the site visit.” 49. In his second statement, the Inspector repeated his description of the route of the boat, saying he had no recollection of Seacombe Ferry being pointed out to him. At paragraph 11, he stated that he was unclear as to whether the Kings Wharf site was the same site as the Seacombe Ferry site, or a different one. 50. Mr Vitkovitch has filed a brief statement which did not state in terms whether or not he recalls the conversation described by Messrs Flint and Dickinson. However, he stated that he agreed with the Inspector's statements. 51. On considering the witness statements, looking at the maps, and hearing submissions, I am satisfied, on the balance of probabilities, that when they were on the site visit, Messrs Dickinson and Flint pointed out to the Inspector the location of Seacombe Ferry and the land south of it, known as Kings Wharf or Fishermen's Wharf. I found their evidence detailed, plausible and convincing. It appeared to me that the Inspector either did not understand the significance of what he was being shown, or subsequently forgot about it. Contrary to the
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LDRA Ltd v Secretary of State for Communities and Local..., 2016 WL 01745179... © 2024 Thomson Reuters. 16 Inspector's recollection, I am satisfied that, as the boat was coming over from Liverpool, there would have been a clear view of the coastline north of the appeal Site, before the vessel turned south to look at the alternative sites referred to by the developer. 52. The purpose of the site visit was to identify and view possible alternative sites. Those accompanying the Inspector were permitted to point out the sites and identify features. In my view, there was a breach of natural justice/procedural fairness in that the Inspector did not take into account the identification of the Seacombe Ferry/Kings Wharf site. The Inspector subsequently dismissed Dr Hennell's evidence on the basis that his proposed alternative site had not been properly identified to him. In my view, the Inspector's witness statements demonstrated that he was confused about the area which Dr Hennell was referring to, and he did not understand the location of the potential alternative site. Rather than dismiss it out of hand, he ought to have asked for further assistance by way of maps or photographs or conducted a site visit on land, so that he could give it due consideration. 53. If due consideration had been given to this alternative site, the outcome might have been different, and in my view the Claimants have been substantially prejudiced. If the alternative site had been found to be suitable and did not have the adverse impacts of the appeal Site, planning permission might not have been given. Subsequent events lend support to Dr Hennell's submission that this was a suitable alternative site. Dong Energy, which holds the contracts for the servicing of off-shore wind turbines located in the Irish Sea, was granted planning permission by WBC on 7 December 2015 for a wind turbine servicing facility to be built at Kings Wharf, Seacombe, with sea access via Seacombe Ferry terminal. These were the locations shown to the Inspector by Mr Dickinson on the boat trip, and the alternative site proposed by Dr Hennell. Mrs Lawson, who is the Chair of the Priory Wharf Management Company Ltd, has stated in her witness statement: “I refer to the witness statement of Dr Hennell in relation to the alternative facility at Seacombe Ferry, which is before the Council at the date of this witness statement. The leader of Wirral Borough Council, Cllr Phillip Davies, has confirmed to me personally that the Council supports the Dong Energy facility so as to avoid the adverse residential amenity impacts the development at Alabama Way would give rise to. ” 54. As the developer and WBC did not appear before me, it was not known what were the future plans for the appeal Site, and obviously that is not an issue for me in this application. Conclusion 55. The Claimants' application succeeds on Grounds 2 and 5 and the decision of the Inspector must be quashed. Crown copyright
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Argyll and Bute Council Development and Infrastructure Services Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 23/01046/PP Planning Hierarchy: Local Application Applicant: Mrs Dawn Anderson Proposal: Proposed alterations to widen driveway entrance Site Address: 50 Charlotte Street Helensburgh Argyll And Bute G84 7SR DECISION ROUTE Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 (A) THE APPLICATION i) Development Requiring Express Planning Permission Proposed alterations to widen driveway entrance ii) Other Specified Operations None (B) RECOMMENDATION: Having due regard to the Development Plan and all other material considerations, it is recommended that planning permission be refused and reasons appended to this report. ______________________________________________________________________________ (C) HISTORY: 97/00228/DET and 97/00578/LIB Alterations and extension to dwellinghouse Approved 25.06.1997 21/00299/PP and 21/00300/LIB Installation of satellite dish and two cctv cameras 22/00597/LIB Re-painting of eaves and soffits (with Farrow and Ball black paint) 29.06.2023 22/00599/PP and 22/00600/LIB Internal alterations to ground floor layout, replace glazed walkway with solid timber walls, replace existing windows with crittal windows, and change south facing window with french door opening, formation of new steps, clad garage gable wall and formation of additional parking
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09.11.2022 22/00171/ENFCON – Enforcement notice Change of access, formation of hardstanding and formation of parking area. – The notice relates to the removal of the grass verge and replacement with hardstanding to widened the existing access and create an area for parking vehicles. The works were unauthorised and the notice required the owner to stop utilising the land for parking, remove the hardstanding and re-instate the grass verge to the land affected. 23/01047/LIB Alteration to straighten edges of existing driveway between existing gate posts Application returned (D) CONSULTATIONS: Roads Helensburgh and Lomond - 04.08.2023 On review of the proposed, the access opening within the wall does not correspondingly increase in width. As such, the proposed widening would not support access or egress to the property. Any subsequent widening of the access over the verge could however be considered as an approved location for off street parking, a function which is not supported due to its proximity to a bend, limited visibility and the inability for a vehicle to enter and leave in a forward gear. I confirm Roads refuse the proposed as the widening works do not support a widened access route within the existing wall and, therefore consider the proposed widening works may be considered as an approved provision for vehicle parking within the verge. (E) PUBLICITY: Advert Type: Listed Building/Conservation Advert Expiry Date: 29.06.2023 (F) REPRESENTATIONS: i) Representations received from: Objections Dr And Mrs Thomson, 48 Charlotte Street, Helensburgh, Argyll And Bute, G84 7SD 22.06.2023, 10.07.2023, 21.08.2023 and further comments on 24.11.2023 ii) Summary of issues raised: The points raised can be summarised as follows: i. The widening is unnecessary as the entrance is already at least double vehicle width so more than sufficient for residential ‘entering’ purposes Comment: The Area Roads Engineer has commented on this issue and this is addressed in the assessment within Section (P) below. ii. The proposal to widen the entrance to 6.3m would provide tripe parking on the verge (as objected to previously by the Roads Dept) Comment: This is addressed in the assessment within Section (P) below. iii. There are various comments in relation to the streetlight that was moved from outside number 50 to outside number 48 and is considered to be impacting on number 48 and also in relation to loss of light at the bend.
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Comment: This issue does not have a material bearing upon the planning aspects of the case. The lamppost has been relocated and this is not subject to planning permission. Class 30 within the General Permitted Development Order (as amended) gives provisions for erection, maintenance, improvement or other alteration by a local authority of street furniture required in connection with the operation of any public service administered by them. iv. Concerns raised about impact on natural and built environment, namely that the widening would see more of Helensburgh’s grass verge heritage being lost (as objected to by the Community Council previously) and also it is the only household on Charlotte Street from Parklands School north that already parks permanently on the verge and it generally affects the appearance of the street. Comment: This is addressed in the assessment within Section (P) below. v. The entrance on the roadside verge is used currently as a parking bay for 2-3 vehicles which rarely, if ever, enter the courtyard or builders-yard within. Comment: This is noted and has been observed on site visits. vi. Traffic, parking or access problems – this proposal jeopardises public safety with multiple parking on the verge at this blind corner and right-angled bend. Comment: The road safety aspects of the application are addressed in the assessment contained in Section (P) below. vii. A number of comments have been made in relation to the planning application forms, submitted plans including the omission of the streetlight in the proposal description, questioning whether pre-application discussions have taken place, trees have not been marked on the drawings, the statement regarding ownership is incorrect as Luss Estates own the verge, the location plan not matching the Registers of Scotland. Comment: It is ultimately the responsibility of the applicant and agent to ensure that accurate information is contained in the submitted documentation and plans and that the proper procedures are followed. There is no requirement for a location plan to match the Registers of Scotland map. viii. There are no made-up pavements along the entire length of upper Charlotte Street on either side, the grass verge therefore acts as pavements for safe passage of all pedestrians at this location, particularly at this blind, hill summit bend. The consultant is concerned that there is a lack of space on the right of access for safe passage of any occasional visitor to number 50 but the safety of the general public using upper Charlotte Street – who would be forced to use the road – therefore posing a safety issue for the general public not those using number 50. Photographs have been submitted to show that there is ample room for a pushchair or wheelchair to access the pedestrian gate of no.50 without having to cross the grass verge. Photographs of parking on the verge on East Rossdhu Dv was due to a skip being sited temporarily unlike the skips at number 50 which have been there for 2 years. Comment: The public safety aspects of the application are addressed in the assessment contained in Section (P) below. (G) SUPPORTING INFORMATION i) Environmental Statement: Not Required ii) An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: Not required.
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iii) A design or design/access statement: No iv) A report on the impact of the proposed development e.g. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: Modus Transport Solutions - The layout of the existing driveway is historic and does not meet current requirements with respect to private residential driveways. At present, the existing driveway does not provide sufficient space for access in and around a vehicle parked on the driveway without the need to use the adjacent grassed area which more often than not is muddy and not suitable for pushchairs or more importantly wheelchair access. The driveway proposals would allow easier access to a parked vehicle while at the same time allowing a safe and direct route to the pedestrian entrance to the property. It is the professional opinion of Modus Transport Solutions Ltd that the driveway proposals at 50 Charlotte Street, Helensburgh, will provide a safe and modern driveway layout to meet the requirements of all users without compromising road safety in the area. Supporting Statement by Anderson Strathern – The proposal is squaring off the driveway rather than widening the driveway. Reference is made to the SCOTS roads development guide stating that the driveway falls short of the threshold ‘private access will require to accommodate the numbers and types of vehicles using the access in a safe manner’ in terms of safety and access. Reference is made to parking arrangements on East Rossdhu Drive stating the proposal mirrors the parking arrangements. (H) PLANNING OBLIGATIONS None Required (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 7 – Historic Assets and Places Liveable Places NPF4 Policy 14 – Design, Quality and Place Argyll and Bute Local Development Plan (March 2015) LDP DM1 – Development within the Development Management Zones LDP 3 – Supporting the Protection Conservation and Enhancement of our Environment LDP 9 – Development Setting, Layout and Design LDP 11 – Improving our Connectivity and Infrastructure Supplementary Guidance (2016) SG LDP ENV 17 – Development in Conservation Areas and Special Built Environment Areas SG LDP Sustainable Siting and Design Principles
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SG LDP TRAN 4 – New & Existing, Public Roads & Private Access Regimes (ii) List of other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009. Planning History Consultation Responses Third Party Representations An Appraisal of the Conservation Areas of Helensburgh 2008 by Helensburgh Conservation Area Group and Argyll and Bute Council Argyll and Bute Proposed Local Development Plan 2 (November 2019) The Examination by Scottish Government Reporters into the Argyll and Bute Proposed Local Development Plan 2 (PLDP2) has now concluded and the Examination Report has been published. The Examination Report; the PLDP2 as recommended to be modified by the Examination Report; and the published Non Notifiable Modifications are material considerations in the determination of all planning and related applications. PLDP2 Policies (as recommended for modification) relevant to the current application are as follows: Policy 01 – Settlement Areas Policy 05 – Design and Placemaking Policy 10 – Design – All Development Policy 15 – Supporting the Protection, Conservation and Enhancement of our Historic Built Environment Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes Policy 39 – Construction Standards for Private Accesses (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment : No (L) Has the application been subject of statutory pre-application consultation (PAC): No Pre-application consultation required (M) Has a sustainability check list been submitted: No (N) Does the Council have an interest in the site: No (O) Requirement for hearing: No (P)(i) Key Constraints/Designations Affected by the Development: Helensburgh Upper Conservation Area Listed Building (P)(ii) Soils Agricultural Land Classification: Built up area – n/a Peatland/Carbon Rich Soils Classification: ☐Class 1 ☐Class 2 ☐Class 3 ☒N/A
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Peat Depth Classification: N/A Does the development relate to croft land? ☐Yes ☒No Would the development restrict access to croft or better quality agricultural land? ☐Yes ☐No ☒N/A Would the development result in fragmentation of croft / better quality agricultural land? ☐Yes ☐No ☒N/A (P)(iii) Woodland Does the development result in loss of trees/woodland? ☐Yes ☒No Does the application include any replacement or compensatory planting? ☐Yes ☐No details to be secured by condition ☒N/A (P)(iv) Land Status / LDP Settlement Strategy Status of Land within the Application ☐Brownfield ☐Brownfield Reclaimed by Nature ☒Greenfield ABC LDP 2015 Settlement Strategy LDP DM 1 ☒Main Town Settlement Area ☐Key Rural Settlement Area ☐Village/Minor Settlement Area ☐Rural Opportunity Area ☐Countryside Zone ☐Very Sensitive Countryside Zone ☐Greenbelt ABC pLDP2 Settlement Strategy ☒Settlement Area ☐Countryside Area ☐Remote Countryside Area ☐Helensburgh & Lomond Greenbelt ABC LDP 2015 Allocations/PDAs/AFAs etc: N/A ABC pLDP2 Allocations/PDAs/AFAs etc: N/A (P)(v) Summary assessment and summary of determining issues and material considerations Background and Proposal and Site Description Planning Permission is sought for the widening of a vehicular access onto Charlotte Street within the verge abounding the street in front of the dwellinghouse known as ’50 Charlotte street’, which is a residential property within the Helensburgh Upper Conservation Area. The house to which this relates is the former coach house to Halpland (48 Charlotte Street) and are part of the same listing building designation, which is a Category B. The listing describes the houses as: 48 Charlotte Street, Hapland Including Boundary Walls and Gatepiers, And Former Coach House, 50 Charlotte Street. In previous permissions the former Coach House is also known as ‘the mews’. It has an established use as a residential property separate to Hapland despite no record of a former application for subdivision. The house has been extended as part of the application 97/00228/DET and within this permission is full details of the available parking and turning and the approved widening of the entrance at that time. The house is 2x bedroom and within the courtyard there is a garage for one car and parking and
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turning for one car. This meets the required parking standards for a 2 bed house at the time and also meets the current parking requirements within the LDP. The site lies at the top end of Charlotte Street where there is 90 degree turn on to East Rossdhu Drive. The driveway entrance is approximately 17m from the corner. There is another driveway access to the north approximately 9m from the site. This driveway accesses the property known as Southdene, 52 Charlotte Street. The driveway for 50 Charlotte Street (relating to the proposal) has been subject to enforcement action in relation to the changes to access, formation of hardstanding and formation of parking area. The notice required the applicant to: “Stop utilising the land for parking, remove the hardstanding and re-instate the grass verge to the land affected.” This was not complied with within the 2 month timeframe – 17th March 2023 but the applicant decided to submit this retrospective application which was not encouraged. Helensburgh is designated as ‘Main Settlement’ in the Local Development Plan and the Policies of NPF4, LDP 2015 and PLDP2 (as recommended for modification) generally advocate a variety of scales and forms of development in this type of settlement subject to compliance with other relevant Development Plan policies and supplementary guidance. The determining issues are road safety, effects on the character of the environment (built/natural). These issues are examined in turn below. Road Safety The Area Roads Engineer’s comments set out that there is a road safety concern in relation to widening the access and recommend refusal of the application on the grounds of road safety. Given this is the main concern relating to this case then this is explained in more detail. The main points are that: - The existing access is approx. 3.5m wide and can accommodate one vehicle entering the property alongside safe pedestrian access alongside (noting the average car width is 1.8m leaving). - The applicant argues that they require to widened the access to create safe pedestrian access to their property (not provide additional parking) but the current driveway is adequate for safe pedestrian access (as explained above). - It is not a shared driveway so there is no requirement for this driveway entrance to be any wider than 3m. - The applicant refers to SCOTs National Roads Development guide which states that “private vehicular access to developments will require to accommodate the numbers and types of vehicles using the access in a safe manner”. The applicant claims the driveway falls short of this threshold in terms of safety and access. Argyll and Bute Roads Manager has confirmed that the access is suitable for the numbers and types of vehicles that would be using a 2 bedroom property. - The proposed access is to be widened (or as the applicant describes it – squared off) to 6.3m across the whole driveway, thus allowing two cars to be able to park side by side. - The access is located near to a bend and visibility is poor at this corner of Charlotte Street and East Rossdhu Drive. A standard visibility of 42 x 2.4 x 1.05 metres for a 30mph zone cannot be met at this location. - The current driveway can be satisfactorily utilised by vehicles of 50 Charlotte Street and they can enter the properties parking area, park and turn within the grounds of the property and then exit in a forward gear and not reverse on to the street when there is poor visibility. - The applicant’s supporting statement refers to another decision in a rural area of Argyll and Bute where a driveway was widening. This is within a different location, setting and is not relevant to this case. - The applicant’s supporting statement draws attention to the Scottish Government’s Designing Streets policy which states that “on-plot parking may be suitable when considered in terms of overall street profile”. The applicant claims that on reviewing
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other driveways on East Rossdhu Drive that the proposed development mirrors existing parking arrangements on the verge. The applicant is thereby admitting that the widening/squaring off will allow parking on the verge. - It is expected that the widening of the driveway will encourage parking on the verge (which is currently taking place) where cars are reversing out on to the street. - It is recognised that the street is lightly trafficked but reversing out on to a street where there is poor visibility is considered a road safety concern. It is therefore considered that the proposal does not accord with the Development Plan policies namely LD 11 Improving our Connectivity and Infrastructure and SG LDP TRAN 4 which sets out the construction standards to be applied in relation to a private driveway on to a public road, given the widening of the driveway is unnecessary and even though it is not proposed to be used for parking, it will encourage vehicles to park here and they will have to reverse on to the street near a bend where there is poor visibility. It would also be contrary to the Proposed LDP Policy 35. Pedestrian Safety The objector raised issues relating to pedestrian safety, stating that pedestrians currently use the grass verge as a pavement. It is confirmed that this is the case on this street and on many other streets in Helensburgh. The current parking of vehicles permanently on the driveway of no.50 is displacing pedestrians on to the carriageway where there is potential conflict with vehicles. This is a material consideration in determining of this application. Natural Environment There are no biodiversity impacts identified in the assessment of this application by the Planning Authority in relation to the loss of grass verge. Built Environment The site is within the Upper Helensburgh Conservation Area and is adjacent to a Listed Building as described above. The development relates to the grass verge which is an attractive feature of the Helensburgh Upper Conservation Area. It is not a feature of the conservation area to find car parking within this verge area, but driveways and footways are a common feature crossing the verge. In deed the Conservation Area Appraisal states “the grid pattern and regimented street tree planting are very urban in character yet where one might anticipate a monument, grand building or statue, the vistas looking both east and west lead surprisingly to the hills framed by avenues of trees and foliage and the grass verges, which give a romantic, country park feel.” It then goes on to state “the contribution of the planting of street trees in the grass verges, the broad grass verges themselves, the characteristics of plot boundaries, private garden grounds and public green spaces are major aspects of the townscape and crucial elements of its character.” The hardstanding is a good quality material (Marshalls cobbled sets) that is in keeping with the Conservation area and the listed property and does not cause concern. However the as explained above, the extending of the driveway is encouraging parking on the driveway and the creation of a parking area rather than a driveway. This is not in keeping with the Conservation Area where the grass verges on the whole are kept clear of parked cars and are an attractive feature of the Conservation Area. It is considered that extending this driveway will encourage parking on this verge area which in turn detracts from the character of the Conservation Area and therefore the proposal is contrary to Policy 7 Historic Assets and Places part d which states that proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation is preserved or enhanced. The proposal is also contrary to the relevant Local Development Plan policies LDP 3 and SG LDP ENV 17 and the proposed Local Development Plan policy 15.
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Design, quality and place NPF4 policy 14 seeks to ensure that proposals improve the quality of an area. For the reasons highlighted above under the built heritage section, the proposal would not improve the quality of the area. It would make the place less attractive and contrary to Policy 14 alongside the Local Development Plan design policy 9, SG LDP Sustainable siting and design principles and the proposed LDP policies 05 and 10 given the proposal does not achieve a good quality place. Conclusion Given all of the above and notwithstanding that the road is lightly trafficked there remains concerns about road safety that alongside the concerns about the impacts on the natural and built environment would justify refusal. Therefore it is considered that, the development does not accord with the relevant NPF4 Policies and Local Development Plan Policies and Supplementary Guidance and there are no material considerations that would mean that support could be given. In conclusion, it is recommended that the extended driveway is refused. ______________________________________________________________________________ (Q) Is the proposal consistent with the Development Plan: N/a (R) Reasons why Planning Permission or a Planning Permission in Principle should be Refused The proposal is considered to be contrary to policies 7 and 14 of NPF 4, and policies LDP3, LDP 9, LDP 11, and SG LDP TRAN 4, SG LDP ENV 1, and SG LDP Sustainable Siting and Design Guidance of the Argyll and Bute Local Development Plan 2015, and there are no other material considerations of sufficient significance to indicate that it would be appropriate to grant planning permission in this instance as a departure to the Development Plan having regard to s25 of the Act. Furthermore, the proposal is also considered to be contrary to the provisions of draft policies 05, 10, 15 and 35 of the proposed Local Development Plan 2. (S) Reasoned justification for a departure to the provisions of the Development Plan: N/A (T) Need for notification to Scottish Ministers or Historic Scotland: No Author of Report: Kirsty Sweeney Date: 8th December 2023 Reviewing Officer: Peter Bain Date: 11th December 2023 Fergus Murray Head of Development and Economic Growth
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REASONS FOR REFUSAL RELATIVE TO APPLICATION: 23/01046/PP 1. The proposal does not accord with the Development Plan policies namely LDP 11 Improving our Connectivity and Infrastructure and SG LDP TRAN 4 which sets out the construction standards to be applied in relation to a private driveway on to a public road, given the widening of the driveway is unnecessary and even though it is not proposed to be used for parking, it will encourage vehicles to park here and they will have to reverse on to the street near a bend where there is poor visibility. It would also be contrary to the Proposed LDP Policy 35 for the same reasons. 2. In addition the displacement of pedestrians from the grass verge on to the road, due to parking on the widened driveway would present a potential conflict with vehicles. The current pedestrian access to no 50 is adequate and meets Roads Authority guidelines and requirements. 3. The widening of the driveway would encourage parking on the grass verge, which would be out of character with the Conservation Area, where the grass verge is a dominant feature and a crucial element of the character of the Conservation Area. The proposal is therefore contrary to Policy 7 Historic Assets and Places part d which states that proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation is preserved or enhanced. The proposal is also contrary to the relevant Local Development Plan policies LDP3 and SG LDP ENV 17 and the proposed Local Development Plan policy 15. 4. In addition, the proposal is contrary to Policy 14 of NPF4 alongside Local Development Plan design policy 9, SG LDP Sustainable siting and design principles and the proposed LDP policies 05 and 10 given the proposal does not achieve a good quality place and erodes the quality of the place.
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APPENDIX TO DECISION REFUSAL NOTICE Appendix relative to application 23/01046/PP (A) Has the application been the subject of any “non-material” amendment in terms of Section 32A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the initial submitted plans during its processing. ☐Yes ☒No (B) The reason why planning permission has been approved: As above.
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Supporting statement of Dawn Anderson A planning application was made to Argyll & Bute council to make minor changes to an existing paved driveway. The driveway covering was installed in the 90’s, around a lamp post, hence the concave design, and measured 6.3m pillar to pillar. The materials used in the original works were neither heritage nor complimentary of a Victorian listed building and badly needed replaced. Land on either side of the access was never levelled and on one side it’s difficult to exit cars or open the driveway gates due to the uphill slope. The other side slopes downhill, exiting cars is dangerous in wet or winter weather and pedestrian access to the house gate is a mud slope. (The grass is long gone and the slope has been infilled with rubble by my builders due to health & safety concerns). The blue lines show where vehicular access is required to access driveway gates and where the path should be.
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I purchased the land from Luss Estates to improve the entrance, rebuild with heritage cobbles, and level the slopes to allow safe access to the double driveway gates and separate house gate. I asked Argyll & Bute council to move the lamppost, which they did free of charge in June 2022, as I am the landowner. A planning application to make the driveway wider in the middle to cover the slope was “misinterpreted” as a brand new driveway development due to the architects use of the term ‘widening’ in the description. Despite clarifying communications from me, the architect, top planning counsel and a roads specialist, the planners continued with the application as a new driveway development, ignoring arguments of concern about accessibility, health & safety, disability laws and building regulations, subsequently refusing permission. I cannot rent my house out to tenants should I wish to do so, as the entrance is unsafe and I could be accused and sued for discrimination by a disabled tenant if I cannot make the necessary changes to the entrance. The entrance does not comply with current building regulations and is very easily remedied to ensure safe access for everyone, including me, my family, my friends and any wheelchair users, now or in the future.
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I’ve slipped down the hill exiting my car, I’ve toppled the bins a few times and it’s not safe, especially at night. If I had a disability, walking difficulties or used a wheelchair I couldn’t get into my own house safely without assistance. Helensburgh Fire station have confirmed to me that the current access to the property entrance is unsuitable and should be a level footpath of 900mm width (minimum) for emergency personnel to meet current Health & Safety legislation. Despite requesting a site visit by the Head of Roads and the Head of Planning, neither were interested. I welcome and encourage a site visit to the property, particularly by any councillors with a disability or whom use a wheelchair or with experience of caring for family members with mobility issues. This is not about parking, this is about improving the entrance to include a path for anyone to get in and out of the house safely. I respectfully request that planning permission is granted for this very modest planning application. Dawn Anderson 50 Charlotte Street Helensburgh