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Appendix 2 PPS Review

Name of PPS objective

Environmental requirements of PPS

How it affects, or is affected by the SFM Proposals

Biodiversity, flora and fauna

Convention on Wetlands of International Importance 1971 (amended 1982 and 1987)

Otherwise known as the Ramsar Convention, this provides a framework for national action and international co-operation for the conservation and sustainable utilization of wetlands and their resources. It recognises the fundamental ecological functions of wetlands and their economic, cultural, scientific, and recreational value, particularly as a key habitat for waterfowl. There is a Ramsar List of designated sites for management & conservation at an international level (the list now includes over 1,616 sites).

The SFM Proposals must ensure that all RAMSAR sites are protected from loss or damage as a result of flood management schemes. SFM also offers opportunities for creation or remediation of wetlands and these opportunities should be given suitable consideration.

UN Convention on Biological Diversity (1992)

Key objective of the Convention is to develop national strategies for the conservation and sustainable use of biological diversity.

Article 6 requires that all parties to the Convention develop national biodiversity strategies, plans or programmes, and that they seek to integrate the provisions of these across other policy sectors. Article 7 requires the identification of key resources, and their protection. Monitoring of potentially damaging processes and activities should also be undertaken.

Scottish Biodiversity Strategy (see below) has been published.

  • A UK Biodiversity Action Plan ( BAP) and Scottish BAPs have been established to implement the outcome of the convention. Their aims are 59 steps - a series of actions against which future biodiversity progress could be monitored.
  • Local BAPs also produced, with local programmes of actions to protect, enhance and promote local biodiversity.
  • Habitat Action Plans ( HAPs) and Species Action Plans ( SAPs) have been produced as a result of the UK Biodiversity Strategy & UK/Scottish BAPs. Costed action plans are co-coordinated by an organisation with relevant scientific and practical knowledge.

The SFM Proposals must ensure that due attention is given to the protection of these sites, habitats and species from loss or damage, having regard to the BAPs, HAPs & SAPs. The objectives of the Convention should be considered in the SFM Strategy, to protect, enhance & promote biodiversity at a national and local level.

Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora ('Habitats Directive')

Builds on the Birds Directive (see below) by protecting natural habitats and other species of wild plants and animals. Together with the Birds Directive, it underpins a European network of protected areas known as Natura 2000. This network includes Special Protection Areas ( SPAs classified under the Birds Directive) and a new set of international nature conservation areas introduced by the Habitats Directive, Special Areas of Conservation ( SACs).

The Habitats Directive was transposed into UK law by the 'Conservation (Natural Habitats, &c.) Regulations 1994', amended in 2004 and 2007 (twice - Feb & Jun 2007).

The SFM Proposals should ensure that these sites are suitably protected from loss or damage.

The SFM Strategy may also be subject to the requirements of the Habitats Directive, and, as such, may require an 'appropriate assessment' under Article 6 (3) of the Directive to ensure that it does not adversely affect either SPAs or SACs.

Council Directive 79/409/ EEC on the conservation of wild birds ('Birds Directive')

Protects all wild birds, their nests, eggs and habitats within the European Community. It gives EU member states the power and responsibility to classify Special Protection Areas ( SPAs) to protect birds which are rare or vulnerable in Europe, as well as all migratory birds which are regular visitors.

The SFM Proposals should ensure that these sites are protected from loss or damage.

The Pan-European Biological and Landscape Diversity Strategy (1995)

The Strategy aims to reverse the decline of landscape and biological diversity, by promoting innovation and proactive policy making. It supports preceding measures for protecting natural heritage, and aims to supplement this by further supporting a number of action themes relating to different environmental resources.

The SFM Strategy should support the Strategy

EU Biodiversity Strategy (1998)

Aims to "anticipate, prevent and attack the causes of significant reduction or loss of biodiversity" across Europe. Aims to reverse present trends in biodiversity decline and to place species and ecosystems, including agro-ecosystems, at a satisfactory conservation status. EU Member States are also obliged to adopt national biodiversity strategies, of which the UK has (see also 'Scottish Biodiversity Strategy' below).

It supports the implementation of the Birds & Habitats Directives and the establishment of a network of protected sites. The Strategy was reviewed during 2003-04 and a delivery plan was developed, known as "the 2010 target." A framework was agreed with priority objectives and targets to achieve to 2010 target. Makes specific reference to agriculture and its role in conserving biodiversity.

The SFM Strategy should seek to support the aims and commitments of the Strategy by minimising impacts on biodiversity.

Nature Conservation (Scotland) Act 2004

This new Act addresses many of the recognised shortcomings of the Wildlife & Countryside Act 1981 (as amended).

Public bodies have a statutory obligation to 'further the conservation of biodiversity' under this act, and sets out more specific provisions within this, e.g. requirement to designate Sites of Special Scientific Interest ( SSSI's).

The Act also states a requirement for the preparation of a Scottish Biodiversity Strategy (see below), to which all public bodies should pay regard. Scottish Ministers are required to produce a list of species and habitats considered to be of principal importance for the conservation of biodiversity in Scotland.

The SFM Strategy should seek to protect biodiversity in accordance with the Act, including avoiding adverse impacts on sites, habitats and species of value as defined in the Scottish Biodiversity Strategy and associated priority lists.

Scottish Biodiversity Strategy

"Scotland's Biodiversity - It's in Your Hands. A strategy for the conservation and enhancement of biodiversity in Scotland" (2004)

The Scottish Biodiversity Strategy has been published, as part of the UK Biodiversity Strategy, setting out Scottish aims relating to biodiversity, and covers the period up to 2030. Aims to conserve biodiversity for the health, enjoyment and wellbeing of the people of Scotland now and in the future.

Five Implementation Plans produced (1-Rural, 2-Urban, 3-Marine, 4-Local Delivery, and 5-Interpretation, Communication & Education), and 'common issues' addressed, for the period 2005-2007. The plans identify the priority actions to begin to implement the Strategy over its first 3 years.

See UN Convention on Biological Diversity, above for more information.

The SFM Strategy should support these aims, and help to promote biodiversity conservation and enhancement.

NPPG14 Natural Heritage (1999)

Planning Policy guidance outlining material considerations which planning authorities are expected to reflect in their development plans. Sets out government policy on land use planning & the natural heritage in Scotland. Includes emphasis and guidance on safeguarding and enhancing natural heritage outwith designated sites, including the role of non-statutory local sites - e.g. Local Nature Conservation Sites ( LNCSs).

National Planning Policy Guidelines ( NPPGs) are being replaced by up-to-date Scottish Planning Policies ( SPPs).

Any development/planning associated with or likely to arise out of the SFM Strategy should reflect this approach to natural heritage conservation, and recognise the positive role of planning in achieving enhancement, in addition to more protective measures where required.

PAN60 Planning for Natural Heritage (2000)

Planning Advice Note - PAN60 complements NPPG14 (see above) by providing further advice on how natural heritage can be supported by planning policy and decision making. It provides examples of good planning practice in relation to natural heritage drawn from across Scotland highlighted in a number of case studies. It states that landscape character protection and enhancement, biodiversity conservation, outdoor recreation and environmental education should all be important planning objectives, as together they help to achieve sustainable environments and support quality of life. It recommends cross-sectoral working to achieve shared biodiversity objectives, as well as planning led action.

Any development/planning associated with or likely to arise out of the SFM Strategy should seek to take into account the biodiversity, or natural heritage, objectives of this Note.

Population and human health

NPPG 11 Sport, Physical Recreation and Open Space (1996)

National Planning Guidance which aims to "seek to protect and enhance the land and water resources required for the nation's sport and physical recreation." Specific objectives for Local Authorities include:

  • to meet the sporting and recreational needs of residents, tourists and visitors, while safeguarding the quality of the natural and cultural heritage;
  • to safeguard a system of open spaces for formal and informal recreation needs within urban areas, ranging from easily accessible small local green spaces to country parks and path networks;
  • to safeguard facilities and resources for sport and recreation in urban areas and the countryside which contribute to existing and predicted future needs;
  • to take a long term and spatially strategic perspective on provision;

Proposals for SFM should take account national guidance on the provision of open space, and seek to provide and enhance access to open space in tandem with flood management functions

SPP11 Physical Activity and Open Space (Consultative Draft) 2006

Draft planning policy with objectives:

  • to ensure local authorities take a strategic approach to sport and open space provision;
  • to protect and enhance networks of open space;
  • to support opportunities for active and passive recreation;
  • to set standards for the quantity and quality of open space in new developments and provide for its long-term maintenance; and
  • to provide guidance on planning for development of new sports and recreation facilities.

Proposals for SFM should take full account of emerging policy on open space, and seek to provide and enhance access to open space in tandem with flood management functions

SFM should consider networks and connectivity of open space, rather than isolated sites

Scottish Executive - Improving Health in Scotland - The Challenge (2003)

Sets out a strategic plan to improve the health of Scotland's population

SFM proposals should seek to complement this approach where possible by providing recreational access in tandem with flood management functions

Land Reform (Scotland) Act 2003

Gives legal right of responsible access in Scotland.

Promotes the development of core paths for walking, cycling and riding in Local Authority encouraging increased levels of physical activity

SFM should support the Land Reform act and ensure opportunities are sought to provide recreational benefits alongside flood prevention.

SFM should recognise the potential for land alongside waterways to contribute to a Local Authorities core paths, as well as providing flood management functions

Civil Contingencies Act 2004

The Act delivers a framework for civil protection in the United Kingdom. The act defines the responsibilities for responders to emergency which include (among others):

  • assess the risk of emergencies and use to inform contingency planning
  • put in place emergency plans
  • put in place arrangements to make information available to the public about civil protection matters and to maintain arrangements to warn, inform and advise the public in the event of an emergency

The SFM proposals should support the requirements of responders to fulfil their statutory duties

Soil

EU Thematic Strategy for Soil Protection, including proposals for a Soil Framework Directive (September 2006)

The Soil Thematic Strategy is seeking to:

  • Establish common principles for the protection and sustainable use of soils;
  • Prevent threats to soils, and mitigate the affects of those threats;
  • Preserve soil functions within the context of sustainable use; and
  • Restore degraded and contaminated soils to approved levels of functionality.

Pending a Scotland wide strategy for soil, the provisions of the European Strategy should form a framework for soil protection and improvement that the SFM Proposals should take into account.

SEERAD - Scotland's Soil Resource - Current State and Threats (2006)

Overall objective is to collate information on Scottish soils and the pressures on them.

Recommendation that "Any proposals for irreversible change of use to agricultural land should be carefully considered; where possible land of poorer quality should be substituted".

The SFM Proposals should take into account the latest data regarding soil state and pressures.

Water

Water Framework Directive (2000/60/ EC)

The Directive establishes a new legal framework for the protection, improvement and sustainable use of surface waters, transitional waters, coastal waters and groundwater across Europe in order to:

  • Prevent deterioration and enhance status of aquatic ecosystems, including groundwater;
  • Promote sustainable water use;
  • Reduce pollution; and
  • Contribute to the mitigation of floods and droughts.

Key objective is for all inland and coastal waters to achieve 'good ecological status' by 2015. This is to be achieved by the drawing up of River Basin Management Plans.

The SFM Proposals should aim to complement, and be consistent with, the RBMPs being developed. The SFM should have minimal impact on the ecological status of both inland and coastal waters in Scotland.

Bathing Water Directive 2006 (2006/7/ EC)

The Directive sets four main outlines of water standards:

  • Tighter microbiological standards - to be met by 2015
  • Two microbiological parameters - Intestinal enterococci and Escherichia coli
  • Water quality classification based on 3 or 4 years monitoring data, using 95 or 90 percentiles
  • Four new classification categories (excellent, good, sufficient, poor)

The SFM Proposals should aim to minimise the impact on bathing water quality standards.

Nitrates Directive (91/676/ EC)

The Nitrates Directive has the objectives of reducing water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution. Key requirements are the designation of Nitrate Vulnerable Zones ( NVZs) and the establishment of action programmes in relation to these zones.

The SFM Proposals should not compromise action programmes within Nitrate Vulnerable Zones.

Water Environment and Water Services (Scotland) Act 2003 ( WEWS Act)

This Act implements the requirements of the Water Framework Directive. It defines the environmental standards and conditions to help assess risks to the ecological quality of the water environment and identify the scale of improvements needed to bring those waters not in good condition back to good health. Sets out arrangements for River Basin Management Planning and Controlled Activities Regulations.

The SFM should ensure that it properly accounts for actions outlined in River Basin Management Plans and the Controlled Activities Regulations.

Water Environment (Controlled Activities) (Scotland) Regulations 2005 and Amendment Regulations 2007

A CAR authorisation is intended to control impacts on the water environment including mitigating the effects on other water users. The Regulations mean that, from 1 April 2006, it will be an offence to undertake the following activities without a CAR authorisation:

  • Discharges to all wetlands, surface waters and groundwaters (replacing the Control of Pollution Act 1974 (Co PA));
  • Disposal to land (replacing the Groundwater Regulations 1998);
  • Abstractions from all wetlands, surface waters and groundwaters;
  • Impoundments (dams and weirs) of rivers, lochs, wetlands and transitional waters;
  • Engineering works in inland waters and wetlands.

The SFM Proposals should take suitable account of the CAR Regime.

River Basin Planning Strategy for the Scotland River Basin District ( SEPA, December 2005)

River Basin Planning Framework for the Solway Tweed River Basin District ( SEPA, August 2006)

Describes planned actions within three key areas necessary for the development of effective river basin planning:

  • Establishing administrative arrangements and working principles to support RBMP production;
  • Delivering opportunities for participation and consultation; and
  • Integrating and coordinating the RBMP with other plans and planning.

Specifically, a Significant Water Management Issues report will be issued in 2007 with a draft River Basin Management Plan in 2008 to be implemented in 2009.

The Significant Water Management Issues reports should be given due consideration in developing the SFM Proposals.

Better Bathing Waters: Meeting the Challenges of the Revised Bathing Water Directive in Scotland (Scottish Executive, March 2006)

The Bathing Water Directive (2006/7/ EC) sets four main outlines of water standards:

  • Tighter microbiological standards - to be met by 2015
  • Two microbiological parameters - Intestinal enterococci and Escherichia coli
  • Water quality classification based on 3 or 4 years monitoring data, using 95 or 90 percentiles
  • Four new classification categories (excellent, good, sufficient, poor)

The SFM Proposals should not adversely impact initiatives relating to bathing water quality.

PAN79 Water and Drainage (2006)

Provides outline of best practice in co-operation between planners and relevant stakeholders in meeting householders' future and current needs for water and wastewater infrastructure.

Capacity and constraints should be given due consideration in the SFM Proposals.

PAN61 Planning and Sustainable Urban Drainage Systems (2001)

Explains the working principles of SUDS, and notes the important role that planning has to play in delivering SUDS. Outlines role that SUDS have to play in managing flood risk and associated environmental damage.

SFM proposals should encourage the implementation of SUDS where applicable

SEPA Policy 19: Groundwater Protection Policy for Scotland

This policy aims to provide a sustainable future for Scotland's groundwater resources by protecting legitimate uses of groundwater and providing a common SEPA framework to:

  • Protect groundwater quality by minimising the risks posed by point and diffuse sources of pollution;
  • Maintain the groundwater resource by influencing the design of abstractions and developments, which could affect groundwater quantity.

Groundwater quality should be protected within the SFM Proposals.

NPPG13 - Coastal Planning (August 1997)

The NPPG:

  • Sets out how planning can contribute to achieving sustainable development and also maintaining and enhancing biodiversity on the coast
  • Highlights the need to distinguish between policies for the developed, undeveloped and isolated coast
  • Indicates how planning authorities should respond to the risk of erosion and flooding in the coastal zone
  • Outlines policy guidance for developments which may require a coastal location
  • Identifies the action to be taken by planning authorities in their development plans and in development control decisions.

Due consideration should be given to the coastal planning objectives within the SFM proposals.

Air quality

EC Directive on ambient air quality assessment and management (1996)

Overarching directive on air quality which seeks to encourage a co-ordinated approach to avoid negative impacts on health and the environment.

The SFM proposals should support the aims of the Directive.

The Air Quality Strategy for England, Scotland, Wales and Northern Ireland. Working together for Clean Air (2000)

Provides specific UK targets for reducing air pollution and sets out local responsibilities.

The SFM proposals should support the aims and targets outlined in the strategy.

Climatic factors

UN Framework Convention on Climate Change (1994)

Sets an overall framework for intergovernmental efforts to tackle climate change. Implementation of the convention is through "protocols," which are legally binding.

Too high level to be relevant to SFM, since international policy is subsumed by national policy.

Kyoto Protocol (1998)

Commitment signed by 38 countries (plus the EU) in 1998 to introduce individual, legally binding targets to limit or reduce their greenhouse gas emissions by at least 5% from 1990 levels in the period 2008-2012.

Commitment for EU to reduce anthropogenic CO2 emissions to at least 8% below 1990 levels by 2012. UK legally committed to reduce emissions by 12.5%.

Proposals for SFM should take note of the UK's commitments under Kyoto, although the UK's legally binding targets are likely to be met without further intervention.

International policy is subsumed by national and local policy.

UK Climate Change Programme (2006)

Outlines the UK's contribution to the global response to climate change.

Domestic target of 20% reduction in 1990 CO2 emissions by 2010. Programme sets out UK Government's commitments to meet the climate change challenge across all sectors of the economy.

SFM proposals should contribute where possible to achieving the UK's targets.

Any emissions from land-use change, construction etc may need to be accounted for.

Changing Our Ways - Scottish Climate Change Programme (2006)

The Programme quantifies Scotland's contribution to UK emission reductions (not specified under ECCP).

This is quantified as being 1.7 million tonnes of carbon (MtC) in annual savings by 2010 calculate on the basis of the proportion of UK population. This reduction is through only devolved policies however.

As the UK climate change programme above

Proposed Climate Change BiIl: Scotland

In June 2007, the Scottish Government announced its intention to consult on a Climate Change Bill for Scotland, with a target of cutting emissions by 80% by 2050

SFM proposals should take account of changing climate policies, and be adaptable to future targets.

If adopted, the bill would require deep cuts across all sectors of the economy.

The energy costs of construction could become an issue, and it is more likely GHG emissions from individual projects will have to be measured and reported.

Proposed Climate Change Bill: UK

Draft Bill which aims to put in place a framework to achieve a mandatory 60% cut in the UK's carbon emissions by 2050 (compared to 1990 levels), with an intermediate target of between 26% and 32% by 2020.

The SFM Proposals should aim to give due consideration to resource use and working practices that minimise greenhouse gas emissions.

Material assets

Proposed EC Directive on Flood Management

The proposal creates an EU framework for flood risk management that builds on and is closely coordinated with the 2000 Water Framework Directive.

If adopted it will require countries to undertake preliminary assessments to identify the at-risk areas, production of detailed flood risk maps and flood risk management plans focusing on prevention, protection and preparedness. Does not define what constitutes "high" risk of flooding.

Is largely aimed at fostering cross-border flood prevention activities, which are not a major issue for the UK or Scotland.

The UK Government's response hopes to ensure that work already done with regards to flood risk modelling, e.g. SEPA and EA, will be recognised.

Difficult to predict until Directive is finalised and adopted.

However, it is likely more work will be done on standardised flood risk mapping and modelling, and SFM proposals should take this into account.

Framework for Economic Development in Scotland (2004)

Sets the overarching framework for economic development in Scotland.

Aims to increase quality of life for all on a socially and environmentally sustainable basis. Major focus is creating a knowledge-driven economy, ensuring Scotland's businesses can succeed now and in the future.

Recognises the need for a modern and well developed transport system

SFM will need to take account of this framework for Scotland, since this sets the general policy of economic development, however it does not raise any specific issues for SFM.

Building a Better Scotland Infrastructure Investment Plan: Investing in the Future of Scotland (2005)

Infrastructure investment plan tied to the spending plan for 2005-2008, which aims for significant investment in infrastructure to tackle years of under-investment. Commits to a 5% increase in real terms over the period of the spending review. The objectives are to:

  • Improve the efficiency of how services are being delivered;
  • Improve the standard of our infrastructure, such as our transport network and school building estate;
  • Improve the business environment, promoting research and development and enabling employment and training opportunities for Scotland's workforce;
  • Improve the co-ordination of our infrastructure investment by geographical area and between portfolios in order to secure extra value from our existing investment and infrastructure programmes; and
  • Improve the co-ordination with the private sector and secure a mixed economy and mixed tenure of investment.

Commits to significant investment in transport infrastructure, education facilities, health facilities, water, waste management, sports facilities, flood prevention and regeneration programmes in Scotland. Details a coordinated approach which aims to ensure improvements to the local environment, open spaces and facilities;

Commits £0.9bn over three years to support sustainable homes, with a target of the supply of 21,500 affordable homes over the period 2005-08. Additional £12M per annum to develop long-term vacant and derelict land.

Announced a tripling of funding available to Local Authorities for flood prevention and coastal protection. In particular, funding expected to allow planned schemes to go ahead in Edinburgh, the White Cart scheme in Glasgow, and schemes in Galston, Dunfermline, and other smaller schemes will be able to progress from 2005-06.

Proposals for SFM will have to take full account of the level and mechanism for investment in both flood prevention, and general development of facilities. The level of investment will determine what flood prevention and protection measures can be considered viable.

The SFM proposals must take account of existing and planned developments, and existing and planned flood management programmes, and will need to be able to accommodate national economic, environmental, and social aims.

Robust mechanisms may be needed to resolve any conflict which arise between development and flood management.

National Planning Framework for Scotland (2004)

Statement of high level planning policy in Scotland, to be updated every 4 years.

The NPF is a non-statutory planning document which looks at a snapshot of Scotland, identifies drivers of change, and sets out a long-term vision for 2025. The key long-term objectives are:

  • To increase economic growth and competitiveness;
  • To promote social and environmental justice; and
  • To promote sustainable development and protect and enhance the quality of natural and built environments.

Identifies the need for provision of more housing in areas of high demand potentially increasing development pressures on floodplains

Identifies lack of wastewater drainage capacity as a key issue constraining growth in parts of Scotland.

SFM will be required to respond to the pressures identified in the National Planning Framework in a way consistent with Scotland's sustainable development policies

Proposals for SFM should tie in with the long-term objectives of the National Planning Framework.

Building Better Cities: Delivering Growth and Opportunities (2003)

Sets our Scottish Government policy for city growth. Announced the Cities Growth Fund (see below), and the Cities Visions to promote development towards shared visions.

SFM must be able to deal with the issues specific to Scotland's cities, accommodating the desire for economic and social development with the need to protect against flood risk

Cities Growth Fund 2006-2008 (2005)

Growth fund for development of Scotland's cities in accordance with a set of "city visions." Launched in 2003, with funding of 90M for 2003-06 and additional follow up of £41m for 2006-07 and £42m for 2007-08

SFM proposals should take full note of the implications of the visions for Scotland's cities, e.g. redevelopment of derelict land in Glasgow and Dundee, and the Clyde waterfront development.

Need to accommodate competing needs e.g. economic development and flood management.

SPP1 - The Planning System (2002)

General framework and overview of the land-use planning policy in Scotland. Primary objectives are:

  • To set the land use framework for promoting sustainable economic development;
  • To encourage and support regeneration; and
  • To maintain and enhance the quality of the natural heritage and built environment.

Sustainable development is to be encouraged by:

  • Promoting regeneration and the full and appropriate use of land, buildings and infrastructure;
  • Promoting the use of previously developed land and minimising greenfield development;
  • Conserving important historic and cultural assets;
  • Protecting and enhancing areas for recreation and natural heritage;
  • Supporting better access by foot, cycle and public transport, as well as by car;
  • Encouraging energy efficiency through the layout and design of development;
  • Considering the lifecycle of development from the outset; and
  • Encouraging prudent use of natural resources.

SFM proposals will have to integrate with the national planning policy. The objectives of SFM should be closely tied to the sustainable development objectives laid out.

SPP 3 Planning for Housing (2003)

Sets out the main principles of planning for house building in Scotland.

States a requirement that planning respects the environment, and expresses a preference for development on previously developed land.

Specific flooding issues are referred to SPP7

Specific issues for SFM are raised in SPP7

SPP 7 Planning and Flooding (2004)

Statement of Scottish Government Planning Policy.

Overall objective is:

"To prevent further development which would have a significant probability of being affected by flooding or which would increase the probability of flooding elsewhere."

It safeguards the storage capacity of functional floodplains, and requires new developments not to lead to a net loss of flood water storage.

Requires develops to use sustainable drainage "wherever practicable."

Recommends against development on previously undeveloped land in medium to high risk areas (1:200 or greater)

SFM must take full account of SPP7. SPP7 will provide much of the details to how the environment would evolve without the SFM proposals e.g. most new developments can be assumed to use sustainable drainage.

SPP 15 Planning for Rural Development (2005)

Statement of Scottish Government Policy on planning in rural areas

Objective is to

"…ensure that planning policy regimes are put in place to accommodate selective, modest growth. Most development should be foreseen, agreed and programmed to reflect the local circumstances."

Rural development should proceed more strategically, in line with national and regional masterplans. SFM will need to be integrated into these plans to ensure a coordinated approach in rural areas

PAN 69: Planning and Building Standards Advice on Flooding

Outlines good practice advice on planning and building standards in areas where there is a risk of flooding.

SFM proposals should take account of national advice on flood risk management

Modernising the Planning System - Planning White Paper and forthcoming Bill

White paper outlining a change to Scottish planning system

The focus is for a more strategic and hierarchical approach, with local strategic plans aligned with national planning strategy.

Development plans to be updates every five years.

Focus on SEA to ensure the protection of the environment

SFM proposals should take account of the changing planning system, and recognise the need for SFM to be integrated into development plans at both a national and local level.

Scottish Natural Heritage ( SNH): Policy Statement - SNH and the Town and Country Planning Systems

Policy statement from Scottish National Heritage outlining their role in the planning system.

Expresses their desire to be involved in the planning process at an early stage to ensure the natural environment is fully considered in the planning process

SFM proposals must ensure SNH have a role to play in planning for SFM.

Cultural heritage, including architectural and archaeological heritage

Scottish Historic Environment Policy 1 - Scotland's Historic Environment (2007)

Sets out a framework for the management of the historic environment in Scotland and combines existing policy. Details a range of objectives to conserve and protect the diverse historic environment resource to support educational, cultural, economic and social aims.

The SFM proposals should support Scottish Ministers' policies and objectives on the Scottish historic environment.

Scottish Historic Environment Policy 2 (2006)

Sets out Scottish Minister's policy for the identification and designation of nationally important ancient monuments.

The SFM proposals should support national policy on the protection of scheduled monuments.

Historic Scotland, Passed to the Future: Historic Scotland's Policy for the Sustainable Management of the Historic Environment (2002)

Although superseded by Scottish Historic Environment Policy 1 this remains a useful resource in implementing a sustainable approach to the historic environment.

Outlines four main principles for maintaining cultural heritage:

1. Recognising value

2. Good stewardship

3. Assessing impact

4. Working together

The SFM Proposals should aim to manage the impact of both natural processes and human activity in a manner that enables the retention of the historic character of the environment where possible.

NPPG18 - Planning and the Historic Environment (1999)

National planning policy relating to historic assets. Sees the planning system as having a key role to play in protecting historic assets, including listed buildings; Conservation Areas; Gardens and Designed Landscapes; and World Heritage sites.

Recognises the importance of historic assets in development plans

The SFM Proposals should encompass due consideration of the protection of listed buildings; Conservation Areas; Gardens and Designed Landscapes; and World Heritage sites ensuring the historic environment is fully considered in any decisions.

NPPG5 - Archaeology and Planning (1998)

Planning policy relating to archaeological resources.

Outlines policies to protect designated and unidentified resources from inappropriate development. The policy identifies archaeological remains as a finite and non-renewable resource and as such should be regarded as a part of the environment to be protected and managed. The Government's aim is to preserve and enhance this heritage through: -

  • looking after properties in Government care;
  • promoting enjoyment and understanding of the heritage;
  • encouraging private sector efforts, and making financial assistance available to help meet the extra costs of maintaining and restoring heritage property;
  • identifying and recording our heritage; and
  • ensuring that the legislative system properly protects and preserves it.

The guidance is explicit in stating that scheduled ancient monuments are of national importance and should be preserved in situ and within an appropriate setting. Other sites of importance should be preserved in situ where possible, however where this is not possible full archaeological excavations and analysis should be carried out.

The SFM Proposals should aim to complement the planning guidance objectives regarding protection and preservation of archaeological resources.

Memorandum of understanding Guidance on Listed Buildings and Conservation Areas, Historic Scotland (1998)

Advice on the designation and protection of historic assets. Outlines how and why buildings are listed.

Defines the role of the planning authorities in development management and enforcement.

The SFM Proposals should take into account the need to support the preservation of listed buildings, Conservation Areas, and Gardens and Designed Landscapes.

Landscape

Council of Europe, European Landscape Convention (2000)

The twin aims of the Convention are to:

1. Promote landscape protection, management and planning; and

2. Organise European co-operation on landscape issues

There are four general measures that all signatories are committed to undertaking:

1. to recognise landscapes in law as an essential component of people's surroundings, an expression of the diversity of their shared cultural and natural heritage, and a foundation of their identity;

2. to establish and implement landscape policies aimed at landscape protection, management and planning;

3. to establish procedures for the participation of the general public, local and regional authorities, and other parties with an interest in the definition and implementation of landscape policies;

4. to integrate landscape into its regional and town planning policies and in its cultural, environmental, agricultural, social and economic policies, as well as in any other policies with possible direct or indirect impact on landscape.

Specific measures that all signatories must undertake are:

1. Increasing awareness among civil society, private organisations and public authorities of the value of landscapes, their role and changes to them;

2. Promoting: training for specialists in landscape appraisal and operations; multidisciplinary training programmes in landscape policy, protection, management and planning, for professionals in the private and public sectors and for the relevant associations; school and university courses which, in the relevant subject areas, address the values attaching to landscapes and the issues raised by their protection, management and planning;

3. Mobilising interested parties with a view to improving knowledge of the landscapes and guiding the landscape identification and assessment procedures through exchanges of experience and methodology, organised between the Parties at European level. Each Party accordingly undertakes:

  • to identify its own landscapes throughout its territory;
  • to analyse their characteristics and the forces and pressures transforming them;
  • to take note of changes;
  • and to assess the landscapes thus identified, taking into account the particular values assigned to them by the interested parties and the population concerned.

4. Framing landscape quality objectives for the landscapes identified and assessed, after public consultation;

5. Introducing instruments aimed at protecting, managing and/or planning the landscape.

The SFM proposals should support the principles behind the Convention by considering potential impacts on designated and non-designated landscapes. This includes taking sufficient note of public opinion in evaluating what landscape features are considered most valuable and in need of protection, what features need managed in order to maintain their qualities and what aspects of the landscape should be considered for enhancement.

Landscape data in respect of general characteristics, the forces and pressures transforming them and the nature of any changes should also be considered within SFM decision-making.

The SFM Proposals should be consistent with local, regional and national landscape protection, management and enhancement plans.

Seas the Opportunity: A Strategy for the long term sustainability of Scotland's Coasts and Seas (2005)

The stated aim of this strategy document is "to secure a vision of: clean, healthy, safe, productive and biologically diverse marine and coastal environments, managed to meet the long term needs of nature and people…"

Objectives

National Level Governance:

  • To provide effective, strategic and adequately resources leadership
  • To ensure better co-ordination of policy and supporting activities
  • To promote wider public awareness, understanding and appreciation of the value of the marine and coastal environments and the pressures on them

Sustainable Environment:

  • To enhance and conserve the overall quality of our coasts and seas, their natural processes and their biodiversity
  • To integrate environmental and biodiversity considerations into the management of marine related activities

Sustainable Communities

  • To maintain strong, prosperous and growing coastal communities
  • To support integrated marine and coastal management at local level
  • To identify means of working with natural processes to protect against coastal flooding and to maintain inter-tidal and coastal habitats of importance for biodiversity

Sustainable Industries

  • To improve capacity for planning the growth of coastal and offshore developments
  • To promote sustainable, profitable and well managed marine related industries

Sound Science

  • To develop better integrated, relevant scientific data on the marine environment and the effects of the pressures on it
  • To increase our understanding of natural processes and ways of working with them
  • To understand the cumulative effects of activities in the marine and coastal areas

The SFM Proposals should give due consideration to the state of coastal environments and their biodiversity. It should also account for the desire for sustainable coastal communities and sound planning of coastal and offshore developments.

NPPG14 Natural Heritage (1999)

Sets out planning policy relating to natural heritage (including landscape). The Government's stated objectives for Scotland's natural heritage are to conserve, safeguard and, where possible, enhance:

  • the overall populations and natural ranges of native species and the quality and range of wildlife habitats and ecosystems;
  • geological and physiographical features;
  • the natural beauty and amenity of the countryside and the natural heritage interest of urban areas; and
  • opportunities for enjoying and learning about the natural environment.

The document underlines the need for close co-operation and partnership between public agencies, local communities and the private and voluntary sectors. They should be taken into account in all land use planning activities, and reflected in both development plans and development control decisions.

National designations are outlined in terms of areas such as National Scenic Areas, Sites of Special Scientific Interest ( SSSIs) etc.

Explicit mention is made of Lochs, ponds, watercourses and wetlands and the need to safeguard their natural heritage value within the context of a wider framework of water catchment management. Specifically, developers should be encouraged to incorporate existing ponds, watercourses or wetlands as positive environmental features in development schemes, and to identify suitable opportunities for creating new water or wetland features. They should generally be encouraged to seek alternatives to extensive culverting or canalisation, as these greatly reduce the ecological and amenity value of watercourses and culverting can also increase the risk of flooding. Opportunities should be taken to restore culverted or canalised watercourses in redevelopment and land rehabilitation schemes.

The SFM Proposals should take into account the need to protect, and where possible enhance, landscapes of international, national, regional and local value.

Suitable consultation should be carried out with all relevant stakeholders in developing the SFM Proposals.

All relevant concerns regarding water catchment management should be given due consideration, along with potential impacts on nationally designated areas.

PAN60 Planning for Natural Heritage (2000)

This Planning Advice Note ( PAN) provides advice on how development and the planning system can contribute to the conservation, enhancement, enjoyment and understanding of Scotland's natural environment. It provides examples of good planning practice in relation to natural heritage drawn from across Scotland highlighted in a number of case studies.

The note also confirms the importance of planning for landscape protection and enhancement, including for nationally important landscapes (National Parks, national Scenic Areas, designed landscapes and wild land).

The SFM Proposals should give due consideration to the likely impact on National Parks, national Scenic Areas, designed landscapes and wild land.

NPPG 13 Coastal Planning (1997)

The NPPG:

  • Sets out how planning can contribute to achieving sustainable development and also maintaining and enhancing biodiversity on the coast
  • Highlights the need to distinguish between policies for the developed, undeveloped and isolated coast
  • Indicates how planning authorities should respond to the risk of erosion and flooding in the coastal zone
  • Outlines policy guidance for developments which may require a coastal location
  • Identifies the action to be taken by planning authorities in their development plans and in development control decisions.

The SFM Proposals should give due consideration to the state of coastal environments and their biodiversity. It should also account for the desire for sustainable coastal communities and sound planning of coastal and offshore developments.

SPP15 Planning for Rural Development (2005)

The overarching aim is to have a prosperous rural economy, with a stable or increasing population that is more balanced in terms of age structure and where rural communities have reasonable access to good quality services. In accommodating selective, modest growth, development should be foreseen, agreed and programmed to reflect the local circumstances. Wider economic and social objectives should also be considered as well as Scotland's distinctive environment and heritage.

The SFM Proposals should give due concern to wider economic and social objectives in rural areas as well as Scotland's distinctive environment and heritage.

SPP21 Green Belts

Updates national planning policy relating to green belts. States a continuing commitment to green belts as a tool for providing greater certainty and safeguarding against inappropriate development on the urban fringe. Aims to maximise the benefits of green belts through positive and coordinated planning. Potential release of green belt land should be considered when reviewing potential for long-term settlement expansion.

The SFM Proposals should make due consideration of the nature of existing green belt land and future planning objectives.

A Forward Strategy for Scottish Agriculture (2001)

Outlines key objectives in delivering a prosperous farming industry in Scotland. One of the headline objectives is to deliver a more joined up approach between protecting and enhancing the environment and maintaining a competitive business.

The SFM Proposals should aim to account for the need to meet high environmental standards across Scotland's diverse landscape.

Scottish Forestry Strategy (2006)

Provides a strategic vision for the role of the forestry sector within the Government's wider goal of sustainable development and growth. Seven key themes, relevant to both rural and urban areas, are outlined in the document, namely:

1. Climate Change - capturing all opportunities for Scottish forestry to assist both adaptation and mitigation activities across the economy

2. Timber - maximising the economic potential of Scotland's timber resources and promoting the use of timber as a renewable, versatile raw material

3. Business Development - enhance the sustainable economic basis of forestry and help add value to the Scottish tourism industry

4. Community Development - enhance forestry' engagement with communities and promote community ownership and management of the national forest estate where this will prove beneficial

5. Access and Health - Use woodland access to help improve physical and mental health in Scotland

6. Environmental Quality - Help to protect Scotland's water, soil and air resource and manage its historic environment

7. Biodiversity - Help to halt and reverse loss of biodiversity and ensure that biodiversity considerations are integrated into decision-making

The SFM Proposals need to complement measures taken to contribute to landscape quality, as well as soil water and air quality. They should also assist protection and enhancement of biodiversity, as well as the historic environment and cultural heritage. More specifically the role of well planned woodlands in reducing the potential for watercourse acidification and soil erosion, as well as stabilising riverbanks and reducing pollution in run-off should be exploited in SFM planning.

National Planning Framework (2004)

Guide for the spatial development of Scotland to 2025. The framework describes Scotland as at 2004, identifies key issues and drivers of change, sets out a vision to 2025, and identifies priorities and opportunities for different parts of the country.

The SFM Proposals should take account of the stated commitment within the National Planning Framework to protect and enhance the natural, built and cultural environments, as essential to the quality of life for Scotland's citizens.

Other / cross sectoral policies

Choosing our future: Scotland's Sustainable Development Strategy

Strategy document setting out Scottish Government actions in the context of the UK shared framework for sustainable development 'One Future - different paths'. There are three stated key outcomes under the broad category of protection of Scotland's natural heritage and resources, namely:

1. A halt to biodiversity loss

2. Sustainable management of natural resources

3. Effective protection of the environment, based on scientific evidence and best available science

In achieving these key outcomes reference is made to actions in each area:

Biodiversity - Biodiversity Strategy for Scotland in place as of 2004.

Landscapes - Designation of 36 National Scenic Areas and 2 national parks

Coasts, Seas and Water Environment - Marine and Coastal Strategy in place. Strategy frameworks also in place for agriculture, forestry, aquaculture and sea fisheries.

The SFM Proposals should be consistent with the embedding of sustainable development principles into all national policy frameworks. Of key consideration are maintenance of biodiversity and careful management of potential impacts on both rural and urban areas.

DEFRA - One Future - Different Paths: The UK's shared framework for sustainable development 2005

Framework document setting out common challenges and goals to be met by the UK Government and its devolved administrations comprising:

a) A shared understanding of sustainable development;

b) A common purpose outlining what they are trying to achieve and the guiding principles all administrations need to follow to achieve it;

c) Sustainable development priorities for UK action, at home and internationally; and

d) Indicators to monitor the key issues on a UK basis.

A shared framework goal is defined as follows:

The goal of sustainable development is to enable all people throughout the world to satisfy their basic needs and enjoy a better quality of life without compromising the quality of life of future generations.

For the UK Government and the Devolved Administrations, that goal will be pursued in an integrated way through a sustainable, innovative and productive economy that delivers high levels of employment, and a just society that promotes social inclusion, sustainable communities and personal well-being. This will be done in ways that protect and enhance the physical and natural environment, and use resources and energy as efficiently as possible.

Government must promote a clear understanding of, and commitment to, sustainable development so that all people can contribute to the overall goal through their individual decisions.

Similar objectives will inform all our international endeavours, with the UK actively promoting multilateral and sustainable solutions to today's most pressing environmental, economic and social problems. There is a clear obligation on more prosperous nations both to put their own house in order and to support other countries in the transition towards a more equitable and sustainable world.

The priority areas for immediate action at UK level are listed as:

  • Sustainable Consumption and Production
  • Climate Change and Energy
  • Natural Resource Protection and Environmental Enhancement
  • Sustainable Communities

The SFM proposals should seek to utilise flood management resources and assets efficiently in the wider context of greater resource efficiency in moving towards more sustainable consumption and production. Due consideration should be given to the effects of climate change and minimisation of further impact of human activities on greenhouse gas levels. Protection of the natural environment, in conjunction with existing national policies and strategies should be given sufficient priority. In supporting the goal of sustainable communities due care should be given to ensure that all members of the community are given the opportunity to contribute to and influence decisions that directly affect them.

Securing the future - UK Government Sustainable Development Strategy 2005

Presents UK Government strategy in context of the UK's shared framework for sustainable development. The shared guiding principles for achieving sustainable development are listed as:

Living within Environmental Limits

Ensuring a Strong, Healthy and Just Society

Achieving a Sustainable Economy

Promoting Good Governance

Using Sound Science Responsibility

The priority areas for immediate action at UK level are listed as:

  • Sustainable Consumption and Production
  • Climate Change and Energy
  • Natural Resource Protection and Environmental Enhancement
  • Sustainable Communities

The SFM proposals should seek to utilise flood management resources and assets efficiently in the wider context of greater resource efficiency in moving towards more sustainable consumption and production. Due consideration should be given to the effects of climate change and minimisation of further impact of human activities on greenhouse gas levels. Protection of the natural environment, in conjunction with existing national policies and strategies should be given sufficient priority. In supporting the goal of sustainable communities due care should be given to ensure that all members of the community are given the opportunity to contribute to and influence decisions that directly affect them.

Scotland's National Transport Strategy (2006)

Outlines three strategic outcomes that set the context for transport policy making in the next 20 years, namely:

  • Improve journey times and connections, to tackle congestion and the lack of integration and connections in transport which impact on our high level objectives for economic growth, social inclusion, integration and safety.
  • Reduce emissions, to tackle the issues of climate change, air quality and health improvement which impact on our high level objective for protecting the environment and improving health.
  • Improve quality, accessibility and affordability, to give people a choice of public transport, where availability means better quality transport services, value for money and a realistic alternative to the car.

The strategy recognises present trends in travel behaviour, notably increasing prevalence of car journeys and air travel. The need to balance such behaviour with environmental concerns in the context of sustainable development is highlighted.

The SFM Proposals should account for projected infrastructure requirements relating to transport, specifically maintenance/upgrading of motorways and major trunk roads as well as rail network expansion plans.

Sustainable Development and the Natural Heritage - The SNH approach (Scottish Natural Heritage Policy Statement No. 02/01 - 2002)

Outlines SNH's approach to sustainable development and natural heritage both in its own actions and provision of advice to others.

The five broad guidelines for sustainability and natural heritage are:

1. Sustainable Use: Non-renewable resources should be used wisely and sparingly, at a rate that does not restrict the options of future generations.

2. Carrying capacity: Renewable resources should be used within the limits of their capacity for regeneration.

3. Environmental quality: The quality of the natural heritage as a whole should be maintained and improved.

4. The Precautionary Principle: In situations of great complexity or uncertainty the precautionary principle should be applied

5. Shared benefits: Decisions about development need to look for a more equitable distribution of costs and benefits (material and non-material).

The document then outlines seven delivery mechanisms to put into practice the listed guidelines:

a. Environmental appraisal - anticipating the effects of our actions on the natural environment

b. Rethinking policy processes - approaches to policy making need to be better integrated and should have the environment at their centre

c. Getting the signals right - incentives and fiscal signals need to work for the benefit of the environment

d. Raising awareness, and changing lifestyles: guiding aspirations relating to lifestyle choices in terms of what is environmentally possible

e. Working in partnership: Improved collaboration with other public bodies and broader engagement with stakeholders in business and civil society

f. Good science - monitoring and managing environmental change through the use of sound scientific work

g. Thinking long-term: Avoiding policy constraint resulting from short term political considerations

In the context of delivery mechanism 1, the SFM Proposals should be subject to a full environmental appraisal such that they minimise resource use, reduce pollution and safeguard valued elements of the natural environment.

In the context of delivery mechanism 2, the SFM Proposals should aspire to be consistent with local, regional and national strategies so as to ensure an integrated approach that maximises social, economic and environmental benefits.

In the context of delivery mechanism 5, suitable account should be taken of the views of both all relevant public bodies as well as wider community stakeholders in developing the SFM Proposals.

In the context of delivery mechanism 6, the SFM Proposals should take into account all known scientific understanding of issues pertinent to flood management, including areas of uncertainty in terms of long term impacts.

In the context of delivery mechanism 7, the SFM Proposals should try to set out a long-term strategic vision, over and above any immediate short-term issues they may wish to address.

SPP1 The Planning System (2002)

This policy note:

  • Outlines the purpose of the planning system;
  • Indicates how planning can contribute to the Government's wider objectives;
  • Sets out the main tasks for development planning and development control;
  • Identifies the Government's expectations for an efficient and effective planning service; and
  • Specifies the performance targets that the Government and planning authorities should aim to meet in carrying out their statutory responsibilities.

The primary objectives of the planning system are listed as:

1. to set the land use framework for promoting sustainable economic development;

2. to encourage and support regeneration; and

3. to maintain and enhance the quality of the natural heritage and built environment.

The SFM Proposals should take into account local and regional development plans as a guide to the likely future development of each area within Scotland. This encompasses spatial development, land use change and infrastructure requirements. It is also important in the context of understanding the distilled views of stakeholders from the development industry, amenity organisations, statutory bodies and the public.

Forestry Commission Scotland, The Scottish Forest Strategy (2006)

Provides a strategic vision for the role of the forestry sector within the Government's wider goal of sustainable development and growth. Seven key themes, relevant to both rural and urban areas, are outlined in the document, namely:

1. Climate Change - capturing all opportunities for Scottish forestry to assist both adaptation and mitigation activities across the economy

2. Timber - maximising the economic potential of Scotland's timber resources and promoting the use of timber as a renewable, versatile raw material

3. Business Development - enhance the sustainable economic basis of forestry and help add value to the Scottish tourism industry

4. Community Development - enhance forestry' engagement with communities and promote community ownership and management of the national forest estate where this will prove beneficial

5. Access and Health - Use woodland access to help improve physical and mental health in Scotland

6. Environmental Quality - Help to protect Scotland's water, soil and air resource and manage its historic environment

7. Biodiversity - Help to halt and reverse loss of biodiversity and ensure that biodiversity considerations are integrated into decision-making

The SFM Proposals need to complement measures taken to contribute to landscape quality, as well as soil water and air quality. They should also assist protection and enhancement of biodiversity, as well as the historic environment and cultural heritage. More specifically the role of well planned woodlands in reducing the potential for watercourse acidification and soil erosion, as well as stabilising riverbanks and reducing pollution in run-off should be exploited in SFM planning.

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Page updated: Wednesday, February 13, 2008