The Scottish Government

DEVELOPMENT & COMMUNITY

1 Retail

Page 18

Retailing and Commercial Development

Delete -

"National Planning Policy Guideline 8 (Revised) 'Town Centres and Retailing' set out the need to identify the capacity of existing town centres to accommodate additional retail development, to identify opportunities for new retail development outwith town centres and ensure that large scale development is co-ordinated with transport infrastructure, and to set out criteria for the assessment of retail development proposals outwith town centres."

Replace second paragraph of page 18 with the following text:-

" SPP8 states development plans should identify a network of town centres, commercial centres and out-of-town shopping centres and to set out policies to support and enhance town centres. The SPP advocates focusing development in town centres and the adoption of a sequential approach to site selection for all retail and commercial uses."

To demonstrate that the plan is in line with the latest national policy guidance in SPP8.

2 Lossie Green

Page 19

Proposal 1

Delete reference to Lossie Green

'The Moray Council (and partners) will carry out a study to establish if the redevelopment of the Lossie Green area, in conjunction with adjoining areas in Elgin Town Centre, for retail and associated commercial and civic uses would be feasible."

The Moray Council (and partners) will carry out a study to consider potential areas within Elgin town centre and the feasibility of their development for retail and associated commercial and civic uses.

To remove a specific site reference which is inappropriate for a Structure Plan.

ENVIRONMENT & RESOURCES

3 Natura 2000

Page 26, before last para insert new paragraph

"Development likely to have a significant effect on the qualifying interests of a Natura 2000 site will be subject to an appropriate assessment, to ascertain whether there will be adverse effects on the integrity of the site. Where an assessment is unable to conclude that a development will not adversely affect the integrity of the site, development will only be permitted where

(a) there are no alternative solutions; and

(b) there are imperative reasons of overriding public interest. These can be of a social or economic nature except where the site has been designated for a European priority habitat or species. Consent can only be issued in such cases where the reasons for overriding public interest relate to human health, public safety, beneficial consequences of primary importance for the environment or other reasons subject to the opinion of the European Commission (via Scottish Ministers)."

To ensure the Plan is compliant with Natura 2000, regarding appropriate assessment.

4a Waste Management

Page 27 last paragraph, first line

'The North East and Highland Area Waste Plan sets out…' with 'The North East and Highland Area Waste Plan s set out…

To clarify that there are two separate Area Waste plans.

4b

Page 28 second para

Add after "identified in the Area Waste" the following text " Plans and provide locational guidance for other waste management facilities"

To ensure an appropriate context for non-municipal waste is provided in the Local Plan.

4c

Page 31 Policy 2 (h)

Policy 2 (h), after 'ensuring that new development is designed to facilitate' insert ' sustainable' i.e. "to facilitate sustainable waste management practices".

To bring the plan in line with the National Waste Plan.

5a SEPA name

Page 27, para 5

Change text to read "the Scottish Environment Protection Agency"

To refer to the correct full name of SEPA

5b

Page 29, first para

Change text to read "the Scottish Environment Protection Agency"

To refer to the correct full name of SEPA

6 Minerals

Page 30, para 5

Delete 'within NPPG4 'Land for Mineral Working'.

Replace deleted text with "within SPP 4: Planning for Minerals."

To refer to the relevant national planning guidance on Minerals, NPPG 4 has been replaced by SPP 4.

6

Page 30, para 6

Delete 'National Planning Guidance states that planning authorities should make available a 10 year supply of aggregates with planning permission for the construction industry'

Replace first sentence of paragraph 6 on page 30 to

" Scottish planning policy states that planning authorities should make available a minimum of a 10 year supply of construction aggregates"

To ensure that the plan accords with current Scottish Planning Policy 4.

7a SUDS

Environmental protection

Page 28 para 4

P 28, para 4, after 'sustainable urban drainage systems ( SUDS)' insert 'in all new developments'

To ensure the plan accords with the Water Environment (Controlled Activities) (Scotland) Regulations 2005.

7b

Page 31;

Policy 2 (i)

Policy 2 (i) add text to read 'promoting sustainable urban drainage systems ( SUDS) i n all new developments'

To ensure the plan accords with the Water Environment (Controlled Activities) (Scotland) Regulations 2005.

8a Flooding

Page 28 last para, after penultimate sentence

After 'Scottish Planning Policy 7 requires that flood risk is taken properly into account in planning for new development.' Insert 'It also requires that built development should not take place on functional flood plains and new development should therefore be located outwith areas at risk of flooding.'

To ensure that full account is taken of flood risk.

8b

Page 31

Policy 2(j)

Insert after ' where possible' of part (j) of policy 2 the following text: " and also restricting development within flood risk areas following the guidance set out in the Risk Framework in SPP7: 'Planning and Flooding' and promoting flood risk management schemes to tackle flooding that threatens existing development."

To ensure that full account is taken of flood risk.

IMPLEMENTATION

9 Transport Assessments

Page 32

Implementation Section

First paragraph , last sentence

At end of last sentence delete "traffic and retail impact assessments"

Insert text after "through mechanisms such as flooding, environmental" the following text " retail and transport impact assessments taking account of the impact of additional residential development on the A96 trunk road."

To provide for further information regarding transport assessments and referring to impact on the trunk road.

KEY DIAGRAM

10 Legend

Legend

Delete references to 'Recommendation 1'.

Replace all references in the Legend (7 occurrences) to 'Recommendation 1' with 'Proposal 2 '

For correct reference with the text.