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Model Development Plan Policies
Local Authorities
Aberdeen City Council: Model policies -welcomed in principle, provided these are subject to consultation, including with communities. Clarification is needed as to whether these would be subject to local variation and consultation as part of the development plan process.
Comhairle Nan Eilean Siar: Model polices should not be introduced until consultation with all planning authorities has been complete and a consensus achieved. A discreet statutory basis for such polices is not suitable at the moment and this matter is best dealt with through the Scottish Planning Policy series.
Dundee City Council: The Council supports the principle of model policies where this can lead to greater consistency and robustness of decision making. It is noted that the Executive are piloting model policies in respect of the built and natural environment to increase consistency and reduce plan preparation times. DCC supports this proposal in principle on the assumption that model policies will provide a national framework with sufficient flexibility at the local level. There may be scope to consider extending the use of model policies to cover a wider range of policy issues beyond the natural and built environment, such as housing and economic development land supply; the design of new housing; funding of on and off site infrastructure provision; and encouraging sustainable travel, for example.
East Dunbartonshire Council: This intervention in the autonomy of Planning Authorities is extremely regrettable as it undermines the potential for development of new ideas and improvement in policy making.
Falkirk Council: The suitability of model development plan policies remains to be tested and it is unlikely that model policies will suit every authority or circumstance.
Glasgow City Council: The Council broadly welcomes the notion of model policies for a limited range of subjects. The introduction of any standardised format, however, should also allow for a degree of flexibility to reflect local circumstances and issues; and the model policy approach could be tested through the proposed four City Region plans. This could reduce the level of challenge to such policies at local plan inquiries and, therefore, reduce the number of issues that need to be considered.
Inverclyde Council: A desirable and worthy proposal to increase understanding and to improve consistency and comparability nation-wide. The drafting of these policies must be driven by LA practice, however, which suggests a new and important role for LAs.
Midlothian Council: Model policies are to be welcomed, provided they are concise in line with guidance and that there can be some flexibility to meet local circumstances.
Moray Council: Suggestion that a principle could apply to 'Model Policies' where the Development Plan need only refer to adoption of Model Policies or promote variations/interpretations or deviations from them, along with specific local reasons. There is some concern that the Development Plan would lose its 'individuality', or 'identity' with Moray, if Model Policies were adopted wholesale.
North Lanarkshire Council: The principle of model policies is sound, although further clarification would be welcome on how they are to be tested through the development plan process.
West Dunbartonshire Council: The introduction of model policies should help in plan preparation. However, there can be local circumstances which require special policies and even the application of model policies requires proper consideration to ensure complete relevance
West Lothian Council: This proposal is supported. If issues are common, then there is an argument that the policies should be included in the National Planning Framework rather than strategic / local development plans as this will reduce duplication at the local level.
Other LA Organisations
Glasgow and the Clyde Valley Structure Plan Joint Committee:
To provide a framework for strategic advice to the constituent Authorities on large-scale development applications, Policies 9 and 10 were included in the 2000 Plan and refreshed in the 2005 Draft Alteration. Policies of this nature have led to considerable discussion with the development industry. It is assumed that SDPs for the three other City-Regions will also be required to develop similar strategic policies. If the planning system is to be truly 'Plan-led' and clear to the development industry, there is an argument which suggests that model development control related policies at the strategic level should be agreed with the Executive and the concept of such incorporated into the White Paper. This would be consistent with the Executive's approach to model development plan policies and Supplementary Guidance, and with its objective of speedy preparation of development plans.
Non Departmental Public Bodies
Disability Rights Commission ( DRC):DRC supports the Executive's piloting of model development plan policies to ensure more consistency across local authorities. In particular, we feel the model policies relating to the built environment should make explicit reference to the provisions of the Disability Discrimination Act to help ensure that both planners and developers comply with the law.
Scottish Natural heritage: The proposed use of model planning policies is a very positive development, and this approach could usefully be extended beyond the themes addressed in the current pilots. This could be particularly helpful in dealing with issues that are strongly influenced by external policy drivers, such as EU legislation.
Scottish Environment Protection Agency: Considers that model development plan policies represent a significant opportunity to promote a consistent and proactive approach to planning where the issue concerned is applicable across Scotland. SEPA continues to request that the Executive develop model policies for waste management and will continue to do so in the context of the review of NPPG10. Although we support model policies in principle, SEPA would caution that there is a clear need to retain some local application of policies to reflect the different local priorities and circumstances that apply across Scotland. Accordingly, we consider that model policies should be developed only where there is a need to secure national consistency - for example in waste management to deliver the National Waste Plan. SEPA wish to be engaged in future work on this issue. On a practical note, we would ask where the responsibility for undertaking SEA of policies advocated for inclusion in Development Plans might rest. Would it be the case that the Executive as promoter of such policies would undertake SEA, or would it be left to individual planning authorities to SEA the policy when used in the context of their plan? Each approach has advantages and disadvantages, but it would be useful to explore this issue as thinking on model policies develops.
Sportscotland: We would welcome greater standardisation of the wording of policies, for example on the protection of open space, as it is not always obvious why there is such a range of wording to say the same thing and does not always reflect genuine differences in local geography or approach. Accordingly we welcome the proposals to introduce model development plan policies and would welcome the opportunity to help develop policies which have implications for sport and recreation.
Scottish Water: Believes there may be scope to develop model policies applying specifically to our operations, for example in relation to presumption in favour of development, amenity issues, impact of surrounding development, and compatibility with green belt and countryside policy. We also consider that a non-spatial model policy to allocate for wastewater treatment facilities in accordance with NPPG 10 could overcome the current difficulties in allocating specific sites within the development plan given the differing development plan and Scottish Water investment planning cycles. We would welcome further discussion with the Scottish Executive to help shape the proposed pilot scheme.
The Theatres Trust: We note this proposal which aims to increase consistency and reduce plan preparation time and we would be keen to assist in drafting such model policies for cultural facilities and happy to suggest specific wording.
Other Public Bodies
Central Scotland Forest Trust:CSFT supports the development of model development plan policies and, in particular, the piloting of a model plan policy on the natural environment. We trust the final version will include full consideration of woodlands, trees and greenspace close to settlements. We would be happy to help in the drafting of this policy.
Development Industry
Bett Homes: In addition, the Executive plans to introduce model development plan policies. Although this proposal is likely to speed up the plan preparation process, and Bett Homes would provide qualified support for the proposal, we believe that it is important to allow flexibility in policy formulation at local level to reflect local issues. We therefore support a proposal for the Executive to prepare model policies to form guidance to Planning Authorities.
James Barr Ltd (on behalf of various development industry businesses): Model policies should also assist in speeding up the preparation of plans. Against this however, is the need to ensure that local development plans reflect local needs, priorities and circumstances and do not become uniform documents across the country. Careful consideration will need to be given as to how these national level, uniform policies sit with proposals to ensure greater local accountability and input into the plan making process.
Other Businesses
Arqiva: The proposal to pilot model policies for inclusions in development plans to increase consistency is welcomed. It is considered that the communications sector is most suited to such a model policy which may be similar across Scotland. Arqiva would welcome involvement in the event of such a policy in inputting around the broadcast infrastructure and shared electronic communications infrastructure. The importance of these infrastructures in terms of national importance cannot be underestimated.
British Energy: The proposal for the Scottish Ministers to produce guidance on model policies is also helpful and should reduce plan preparation times.
Crown Castle UKLTD: The present development plan system is marked by too much detail and repetition. We therefore support the idea of general model policies, so that the development plan can concentrate on land allocations and exceptions to the general policy set out at national level that local circumstances might justify
First UK Bus Division: Particular issues First would like to see addressed within the new planning framework include:
- Statutory consultation with public transport operators for development plans and National Planning Framework. The potential statutory consultation of the Regional Transport Partnerships in the development plan process is a step in this direction.
- A presumption in favour of public transport infrastructure development applications
- All developments over a specified impact to have full transportation appraisals
- Review of car parking standards with statutory maximum provisions
- Requirement for provision of public transport services for public and private sector developments, based on trip attraction, funded by developers over a significant time period
- "Consideration" of a Green Travel Plan for certain developments is insufficient
There is an opportunity to encompass many of these within the Model Development Plan Policy proposals.
National Grid: National Grid is supportive of the concept of model development plan policies and believes they could reduce plan preparation times and increase consistency. National Grid has experience in policy formulation and would be able to provide examples of policies used in development plans elsewhere in the country, together with Inspector's Reports where National Grid has objected to policies. National Grid would therefore be keen to work with the Scottish Executive in devising relevant model policies.
Scottish Power: We support the principle of a model onshore windfarm development plan policy. .As a link to 'Development Management Efficiency', we would suggest that a 'model policy' could be effective in relation to windfarm development. Very often we make development plan representations advocating a criteria-led approach to onshore windfarm development.
The Scottish Coal Company Limited: The Model Development Plan Policies proposal is welcomed as it should result in a 'level playing field' across all of Scotland's 32 planning authorities.
Professional Bodies
Association of Regional and Island Archaeologists:ARIA members have already passed comments to the Scottish Executive Planning Division on the inadequacy of the drafted model development plan policy for archaeology and advised that the draft would be a backward step on what is already contained in most extant development plans. ARIA has less concerns about the continued evolution of development plan policies for archaeology by the local authorities - there is good track record in this regard, and it also has less concerns about how development impacts on known archaeology will be mitigated.
Planning Consultants, Architects and Lawyers
Collar, Neil: Rather than produce model policies to be inserted into a plan, why not encourage authorities not to simply duplicate such policies but consider whether those policies need to be included in the plan at all? Similarly, there are too many plans which repeat what is in the national guidance.
Turley Associates: Model development plan policies should avoid unnecessary duplication of effort and (provide) more consistency between Councils.
Warren Consultants: We very much support the Scottish Executive proposal for the preparation of model policies. The rule should be that it will go without saying that these policies will apply to a Local Plan area without the Development Plan having to say anything about it. Moreover, the rule should be that there will be a very strong requirement on the local authority to accept these model policies unless they can mount a very strong argument why the Local Plan area should be treated differently to others where the policy applies.
Academic Bodies and Individuals
Macaulay Land Use Research Institute: In planning, the use of words in policies is crucial as they become quasi-judicial in planning inquiries/hearings. In a development plan policy the words are subjected to legal argument and little mention is made of the importance of documents being written in plain and unambiguous language. All too often policies can be interpreted in different ways simply due to their vagueness. It is crucial that all planning policies are developed according to set criteria to avoid this problem. It is hoped that SEA procedures will highlight where this may be a problem. The guiding principles of the wording are that it should be: precise, reasonable, enforceable, and relevant. Elected councillors have a complex task in representing public interest and responding to statutory imperatives such as Natura 2000 and sustainability agendas. These competing interests can use such policies to endorse particular agendas or priorities which are not necessarily in the interests of long term sustainability. In our view, the White Paper needs to grasp this nettle. Furthermore, if there are several plan policies that support a development and several that oppose it, what is the decision making context? The legal translation, that if a proposed development is in conflict with only one development plan policy it should be rejected, is rarely implemented due to problems defending it at appeal. However, the reality is that it is rare that the choice faced between plans is 'black and white' which allows councillors sufficient flexibility to interpret policies as they see fit. The White Paper is clear; when a development is contrary to development plan policies it invokes certain protocols and we would encourage the same approach when planning officer recommendations are not adhered to.
Community Councils:
Currie Community Council: While we do not object to the use of Model policies, local authorities must be allowed discretion to develop their own policies to deal with specific needs and avoid the centralised influence of the Scottish Executive determining what their Local Plans should say.
Knightswood North Templar Community Council : Model development plan policies are an interesting idea, however there is concern that this will merely add another layer of bureaucracy. Already we have the existence of NPPGs and Specific Scottish Planning policy guidance. Does the blanket imposition of model development plan policies downgrade the status of NPPGs, and which have ultimate priority?
Voluntary Organisations
Colinton Amenity Association: The proposal for model development policies is a good idea, but there should be a public consultation about these. Communities would want to have the opportunity to comment on such policies at a draft stage.
Energy Saving Trust: The modernised planning system should lead to increased efficiency and reduced waiting times. A key to delivering this is making the system and its policies clear and unambiguous, and actively enforcing them. Developers will not invest time on what they may currently see as "nice-to-haves" when they know that policies promoting them are not taken seriously and will not be enforced. A good example of what looks to be effective implementation is in the approach taken London. The Mayor's 'London Plan' asks for all larger developments to incorporate a minimum 10% of renewable energy generation. Initially, there was the danger of this not being taken seriously, with the possibility of development proposals being waved through without any detailed consideration of the energy component. However, the GLA ensured that it had the capacity and expertise to check proposals on the energy component. Developers, and London boroughs, now see that this is a serious requirement, and are submitting higher quality and more effective proposals accordingly.
Federation of Edinburgh & District Allotments and Gardens Association: Model development plan policies to be developed would be useful regarding allotments, as although nationally compared with many other issues it is not large, it is specialised and would help in consistency and 'not re-inventing the wheel' for all local authorities.
Garden History Society: To date, the Society is not encouraged by the model policy designed to offer protection to such landscapes and our comments have already been forwarded to your department on this topic.
Pollokshields Heritage: We suggest these could be a good idea provided that they are used as with Table A to the Companies Act. It is not mandatory but each set of Articles of Association must cover the issues raised in the model. It should be an obligation on each authority when carrying out Conservation Area Appraisals and Local Design Guides to consider and to adapt as appropriate to local conditions the proposals of the Model. We have in mind the model for the Conservation Area which prescribes a height limit for front boundary walls which would fail the Building Regulations if applied in our area. While there is power to depart, unless there has been a consideration of the issues involved in departing and where the departure is to go then the model is useless.
Scottish Civic Trust (and civic trust network): Support as it is felt this will establish a national policy benchmark. Important that LPAs can deviate from them where local circumstances dictate - the development plan is the mechanism for doing so.
The Grange Association: The use of model policies must not preclude the inclusion of specific policies which relate to local conditions.
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