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SUBJECT POLICIES

38. These subject planning policies should inform the content of development plans, can be a material consideration in decisions on planning applications and should be used to inform development proposals from initial concept to implementation.

39. The planning system should proactively support development that will contribute to sustainable economic growth and to high quality sustainable places. Achieving sustainable economic growth requires a planning system that enables the development of growth enhancing activities across Scotland and protects and enhances the quality of the natural and built environment as an asset for that growth. The need to tackle climate change, and in particular reduce emissions of the greenhouse gases that contribute to climate change, is a principal challenge of sustainable economic growth, and the need to help mitigate the causes of climate change and to adapt to its impacts should be taken into account in decisions throughout the planning system.

Q6. Is the role of the planning system in assisting climate change mitigation and adaptation clearly highlighted throughout this SPP?

Economic Development

40. Planning authorities should take a positive approach to development, recognising and responding to economic and financial conditions in considering proposals that could contribute to economic growth. Authorities should also respond to the diverse needs and locational requirements of different sectors and sizes of businesses. Removing unnecessary barriers to business entry and providing scope for expansion and growth is essential. The planning system should support sustainable economic growth in all areas by:

• taking account of the economic benefits of proposed development in development plans and development management decisions,
• promoting development in sustainable locations, particularly in terms of accessibility,
• promoting regeneration and the full and appropriate use of land, buildings and infrastructure,
• ensuring development is of a high design quality and does not have an unacceptable impact on the natural and built heritage,
• encouraging energy efficiency and reduced emissions through the layout and design of development, and
• integrating employment generation with supporting infrastructure and housing development.

41. Planning authorities should ensure that there is a choice of suitable marketable sites and locations for businesses allocated in development plans, including opportunities for mixed use development. Where identified sites are no longer considered appropriate or marketable for business use, they should be reallocated for another use. The specific needs of different businesses should be taken into account in development plans and development management decisions, including the importance of access to the strategic road network for manufacturing, warehousing and distribution uses. Locations for new business development, including mixed use development, should be easily accessible by a range of transport modes, including public transport.

42. Development plans should identify opportunities for small business development and promote opportunities for low impact industrial, business and service uses which can co-exist with housing and other sensitive uses without eroding amenity. Planning authorities should adopt a flexible approach to working from home where the amenity of surrounding properties will not be significantly affected. The tourism industry is one of Scotland's largest business sectors and planning authorities should support high quality tourism related development in appropriate locations.

43. Previously developed land (also referred to as brownfield land ¹) is a potential source of sites for new development and planning authorities should support and promote proposals to bring vacant or derelict land back into productive use for development or to create more attractive environments. Not all previously developed sites are available in the short term, but areas can be identified where investment in site assembly, remediation, infrastructure and environmental improvement will enable successful development in the longer term. Vacant and derelict land and obsolete commercial and industrial property will act as a constraint on the economic growth of towns and cities. Authorities should therefore adopt a proactive approach to encouraging the reuse of buildings and previously developed land, making use of land assembly and compulsory purchase powers to enable redevelopment opportunities.

Q7. Is the contribution of the planning system to sustainable economic growth, as explained in this section, clear and easy to understand?

Town Centres and Retailing

44. Town centres ² should be the focus for a mix of uses including retail, leisure, entertainment, recreation and community facilities, as well as homes and businesses. Retail and leisure uses are fundamental to the concentration of other activities located in town centres and planning authorities should support a diverse range of community and commercial activities in town centres. The range and quality of shopping, wider economic and social activity, integration with residential areas and the quality of the environment are key influences on the success of a town centre.

45. Development plans should identify a network of town centres, commercial centres ³, other local centres and out-of-centre shopping areas, and explain the role of each centre within the network. To be identified as a town centre a diverse mix of uses and attributes, including a high level of accessibility, must exist. Any significant changes in the evolving role and function of centres should be taken into account when preparing development plans. The development plan should enable gaps and deficiencies in provision of shopping, leisure and other services to be remedied by identifying appropriate locations for new development and regeneration. Opportunities for improving the physical quality and sustainability of town and commercial centres should also be identified in the development plan, providing the framework for the development of town centre strategies.

46. The planning system has a significant role in supporting successful town centres through its influence on the type, siting and design of development. Planning authorities should assess how centres can accommodate development, and relevant opportunities should be identified in the development plan. When considering the format, design and scale of proposals, developers, owners and occupiers should take into account the centre's setting. This should include considering different built forms for the development, adjusting or sub-dividing large proposals to better fit with existing development, and making use of vacant and under-used land or premises. New development should integrate successfully and create effective links with the surrounding urban fabric.

47. The sequential approach should be used when selecting locations for all retail and commercial leisure uses. This requires that locations are considered in the following order - town centre; edge of town centre; other commercial centres identified in the development plan; out of centre locations that are or can be made easily accessible by a choice of transport modes. The sequential approach requires flexibility and realism from planning authorities, developers, owners and occupiers to ensure that different types of retail and commercial uses are developed in the most appropriate location. Out of centre locations should only be considered when:

• all town centre, edge of town centre and other commercial centre options have been assessed and discounted as unsuitable or unavailable,
• development of the scale proposed is appropriate, and
• there will be no significant adverse effect on the vitality and viability of existing centres.

Development plans should indicate whether retail or commercial development may be appropriate outwith existing centres and identify appropriate locations.

48. Vitality is a measure of how lively and busy a town centre is. Viability is a measure of capacity to attract on-going investment for maintenance, improvement and adaptation to changing needs. Together these measures give an indication of the health of a town centre and, when used consistently over a period of time as part of a town centre health check, can demonstrate changes in performance. Town centre strategies should be informed by the outcomes of regular monitoring of town centre performance and should:

• indicate the capacity and opportunities for change through redevelopment, renewal, alternative uses and diversification, and
• identify possible constraints and the actions, tools and delivery mechanisms to overcome these constraints.

49. Accessibility for people and the delivery of goods is essential to the success of a town centre. The perception of convenience is also important, for example whether a location is close to homes or places of work and is easily accessible by foot, public transport or car with available short term parking. All retail, leisure and related developments should be accessible by a range of transport modes including public transport. It is also essential that town centres provide a high quality and safe environment if they are to be successful.

50. When a proposed retail or commercial leisure development is contrary to the development plan, planning authorities should ensure that the sequential approach to site selection has been used, there is no unacceptable individual or cumulative impact on the vitality and viability of the identified network of centres, and the proposal will help to meet qualitative and quantitative deficiencies identified in the development plan. A retail impact analysis should be undertaken where a retail and leisure development over 2,500 sq m gross floorspace outwith a defined town centre is proposed which is not in accordance with the development plan. An impact analysis may also be necessary for smaller retail and leisure proposals which may have a significant impact on vitality and viability. The impact analysis should consider the relationship of the proposed development with the network of centres identified in the development plan.

51. Conditions restricting the sale of certain goods or the format of units, including the development of mezzanine floorspace should be used where necessary to support the town centre strategy in the development plan.

Q8. Have the main elements of national planning policy relating to town centres and retailing been included and are they clearly explained?

Housing

52. The Scottish Government is committed to increasing the supply of new homes and the planning system should contribute to raising the rate of new housebuilding by identifying sufficient land to support the provision of a range of housing in the right places. The planning system should focus on enabling the development of well designed, energy efficient, good quality housing in sustainable locations and allocating a generous supply of land to meet identified housing requirements across all tenures.

53. Housing need and demand assessment provides the evidence base for defining housing supply targets in local housing strategies and allocating land for housing in development plans. The assessment should be undertaken at a functional housing market area level and consider the operation of the housing system as a whole, covering all tenures. Local authorities are encouraged to cooperate regionally in planning for housing and undertaking housing need and demand assessments, particularly where functional housing market areas cross authority boundaries. Housing market areas should be defined using one of the approaches set out in the Scottish Government's Housing Need and Demand Assessment guidance. Local housing strategies are based on the outcomes of the housing need and demand assessment and include housing supply targets covering all tenures. The preparation of local housing strategies and development plans should be closely aligned.

54. The delivery of housing through the development plan depends on appropriate and effective sites being made available to meet need and demand. In city regions the strategic development plan should identify the housing land requirement ⁴ for the plan area and where land should be allocated in local development plans to meet these requirements up to year 12 beyond the predicted year of plan approval. The strategic development plan should also identify how much of the housing land requirement should be met by allocations in the local development plan of sites that are capable of development by the end of year 7. This approach builds in up to 2 years for the adoption of local development plans following approval of the strategic development plan. Strategic development plans should also provide an indication of the possible scale and location of housing land up to year 20. Local development plans should allocate land which is effective or capable of becoming effective to meet the housing land requirement up to year 10, ensuring a minimum of 5 years effective land supply at all times.

55. Outwith the city regions, the local development plan should identify the housing land requirement and allocate sites which are effective or capable of becoming effective to meet these requirements up to year 10 beyond the predicted year of plan adoption, ensuring a minimum of 5 years effective land supply at all times. Local development plans outwith city regions should also provide an indication of the possible scale and location of housing land up to year 20.

56. Planning authorities should ensure that sufficient land is available to meet the housing requirement ⁵ for each housing market area in full unless there are serious local environmental or infrastructure constraints which cannot be resolved to allow development within the life of the plan. In this situation the authority should consider allocating land in another housing market area within the local authority boundary.

57. Planning authorities should demonstrate the availability of effective sites through annual monitoring of housing completions and the progress of sites through the planning process using the housing land audit. A supply of effective land for at least the following 5 years should be maintained at all times. Development plans should identify triggers for the release of future phases of effective sites, such as where the housing land audit or development plan action programme indicates that a 5-year effective land supply ⁶ is not being maintained.

58. Delivery of housing does not rely solely on the allocation of appropriate land in the development plan. A variety of other factors contribute including consideration of the planning application, negotiation of legal agreements, granting of a building warrant and roads construction consent, water and drainage connection, the capacity of the construction industry and the functioning of the housing market. Some of these factors are outwith the control of the planning authority. Once housing land is allocated in the development plan, authorities, developers, service providers and other partners in housing provision should work together to deliver housing. The action programme will be a key tool in the delivery of housing through the planning system.

59. Planning authorities must set out a settlement strategy in the development plan to provide a long-term context for development. Key considerations in a settlement strategy are:

• the efficient use of existing buildings, land and infrastructure,
• accessibility of homes, services, open space and employment opportunities by a range of transport options,
• coordination of housing land release with investment in infrastructure including transport and educational investment, and with other major proposals, and
• the protection and enhancement of landscape, natural, built and cultural heritage, biodiversity and the wider environment, including consideration of flood risk.

60. The siting and design of new housing should take account of its setting, the surrounding landscape and the scope for using local materials. New housing developments should be integrated with public transport and active transport networks, such as footpaths and cycle routes, rather than encouraging dependence on the car. New streets should connect well with existing streets, walking and cycling networks, and allow for links into future areas of development. Efficient consumption of energy and other resources throughout a development can be influenced by a range of factors including location, siting, orientation, layout, materials and design.

61. Planning authorities should promote the efficient use of land and buildings, directing development towards sites within existing settlements where possible to make effective use of existing infrastructure and service capacity and to reduce energy consumption. When identifying locations for housing, planning authorities and developers should consider the reuse of previously developed land before development on greenfield sites but also take account of the following factors:

• the potential contribution to the strategy and policies of the development plan and other national and local policy objectives,
• the relative accessibility of sites by a choice of transport options,
• the availability of infrastructure, including waste management infrastructure, and education and community facilities,
• whether development can be achieved within the required timeframe,
• the provision of choice across the housing market area,
• the design, quality and density of development that can be achieved, and
• the individual and cumulative effects of the proposed development.

62. Urban capacity studies, along with assumptions about the expected output from windfall sites, can inform settlement strategies. Urban capacity studies assess opportunities for further housing development within existing settlements, focusing on previously developed land and conversion of existing buildings, or a review of existing land allocations for uses other than housing. The individual and cumulative effects of infill development must be sustainable in relation to social, economic, transport and other relevant physical infrastructure and must not lead to over development.

63. The majority of housing land requirements will be met within or adjacent to existing settlements but authorities should also set out the circumstances in which new housing outwith settlements may be appropriate, particularly in rural areas. Development plans should promote the development of rural communities and aim to support and sustain fragile and dispersed communities through appropriate housing development. In areas where there is a large demand for holiday or second homes, planning authorities should allocate land to meet this demand in addition to other housing requirements.

64. Meeting housing land requirements by extending existing settlements can reduce servicing costs and help to sustain local schools, shops and services. A new settlement may be appropriate where:

• there are physical, environmental or infrastructural constraints to the further growth of existing settlements,
• it is part of a strategy for promoting rural development and regeneration,
• it could assist in reducing development pressure on greenbelt land or areas of attractive countryside,
• it can be readily serviced by public transport,
• it will not have a significant adverse effect on any natural or built heritage interest safeguarded by a national or international designation, and
• it will not result in other significant environmental disbenefits, for example promoting development in areas of high flood risk.

Where a planning authority considers a new settlement to be a necessary part of its settlement strategy, the development plan should specify its scale and location. Supplementary guidance can address more detailed issues around design and delivery. Creating a new settlement or major settlement extension will generally require partnership between the public sector, private developers and other interests.

Affordable Housing

65. Affordable housing is defined broadly as housing of a reasonable quality that is affordable to people on modest incomes. In some places the market may be able to meet most affordable housing needs but this may not be the case everywhere. Affordable housing may be in the form of social rented accommodation, mid-market rented accommodation, shared ownership, shared equity, discounted low cost housing for sale including plots for self build, and housing without subsidy. Where the housing need and demand assessment and local housing strategy identify a shortage of affordable housing, it should be addressed in the development plan as part of the housing land allocation. As with market led housing development the need for affordable housing should be met, where possible, within the housing market area where it has arisen.

66. The circumstances around provision of affordable housing, including the form that it should take, will vary within and between authority areas. Where an authority believes that the planning system has a role to play in the provision of affordable housing, the development plan should be clear on its scale and distribution including an outline of what is expected from prospective developers. Authorities may seek a percentage affordable housing contribution from developers of new housing developments where this is justified by the housing need and demand assessment and included in the local housing strategy and development plan. The benchmark figure is that each site should contribute 25% of the total number of housing units as affordable housing. Planning authorities should prepare supplementary guidance on how the affordable housing requirement for their area is expected to be delivered, including an indication of any different approaches needed for urban and rural areas. As far as possible the tenure of housing should not be discernable from its design, quality or appearance.

Other housing requirements

67. Development plans should address the housing needs of sections of the community such as Gypsies and Travellers and travelling showpeople and consider the need for houses in multiple occupation. Demand for houses in multiple occupation ( HMO) has come typically from students, but there is growing demand from other groups including young professionals and migrant workers. Planning authorities should consider the need for HMO accommodation as part of the housing requirement for the area.

68. Gypsies and Travellers have specific housing needs, often requiring sites for caravans and mobile homes. The needs of all Gypsies and Travellers for appropriate accommodation must be considered through the housing needs and demand assessment and local housing strategy. Given the typically transitory nature of Gypsies and Travellers, provision should be made for those communities which are in an area already and those who may arrive at a later date. Planning authorities should identify suitable locations for Gypsies and Travellers and set out policies on small privately owned sites. Gypsy and Traveller communities should be involved in decisions about sites for their use.

69. Travelling showpeople are a separate community from Gypsies and Travellers, and may have different housing needs. Showpeople are likely to require both winter quarters and sites for more settled parts of the community, which often include children and retired people. The needs of all travelling showpeople for appropriate accommodation must be considered through the housing need and demand assessment and local housing strategy. Travelling showpeople have tended to identify suitable sites themselves and approach planning authorities with proposals. The typically transient nature of many travelling showpeople means that planning authorities should consider the accommodation needs of those communities in their area already as well as those who may arrive at a later date.

Q9. Have the main areas of national planning policy relating to housing been included and are they clearly explained?

Rural Development

70. The planning system has a significant role in supporting sustainable economic growth in rural Scotland. By taking a positive approach to new development, planning authorities can help to create the right conditions for rural businesses and communities to flourish. The aim should be to enable development in all rural areas which supports prosperous and sustainable communities whilst protecting and enhancing environmental quality.

71. The character of rural areas and the challenges faced varies greatly across the country, from remote and sparsely populated regions to pressurised areas of countryside around towns and cities. The strategy for rural development set out in the development plan must respond to the specific circumstances in an area whilst reflecting the overarching aim of supporting sustainable economic growth. Planning authorities should encourage economic activity and diversification in all small towns and rural areas, including development linked to tourism and farm diversification, whilst ensuring that the distinctiveness of rural areas, the service function of small towns and the natural and cultural heritage are protected and enhanced. Planning authorities should also support and promote opportunities for environmental enhancement and regeneration in rural areas, particularly areas of previous mining and industrial activity.

72. The requirement for development plans to allocate a generous supply of land to meet housing requirements, including for affordable housing, applies equally to rural and urban areas. Planning authorities should support more opportunities for small scale housing development in all rural areas including clusters and groups in close proximity to settlements, replacement housing, plots on which to build individually designed houses, holiday homes and new build or conversion housing linked to rural businesses. The aim is not to see small settlements lose their identity nor to suburbanise the Scottish countryside but to maintain and improve the viability of communities and to support rural businesses. In more accessible and densely populated rural areas most development should be in or adjacent to settlements. In less populated areas, small scale housing and other development which supports diversification and other opportunities for sustainable economic growth whilst respecting and protecting the natural and cultural heritage should be supported in a range of locations. Individually designed houses must respond to the specific local character of the location and seek to achieve high design and environmental standards, particularly in relation to energy efficiency.

73. It is essential that rural communities have reasonable access to good quality services. Major facilities are usually concentrated in larger settlements, and wherever possible they should be accessible by a range of transport modes including public transport. However, planning authorities should be realistic about the availability or likely availability of alternatives to access by car as not all locations, particularly in remoter areas, can be served by public transport.

Q10. Have the main areas of national planning policy relating to rural development been included and are they clearly explained?

Prime Quality Agricultural Land

74. Prime quality agricultural land ⁷ is a finite national resource. Development on prime agricultural land should not be permitted unless it is an essential component of the settlement strategy or is necessary to meet an established need, for example for major infrastructure development, where no other suitable site is available. Small scale development, including housing, directly linked to rural businesses may also be permitted. Renewable energy generation development or minerals extraction may be acceptable where restoration proposals will return the land to its former status.

Q11. Do you support the proposed policy on protection of prime agricultural land?

Coastal Planning

75. The coast of Scotland is of national, and in some parts international significance, containing many areas of special landscape and ecological significance. A significant proportion of Scotland's population live on or near the coast, and it is a major focus for economic activity, recreation and tourism. Statutory planning control extends to the mean low water mark of ordinary spring tides, except in relation to marine fish farming. Development plans should include policies on the protection of the coastal environment, indicating priority locations for enhancement and regeneration and should identify areas at risk from coastal erosion and flooding.

76. The developed coast should be the focus for developments requiring a coastal location or which contribute to the economic regeneration or well-being of coastal settlements. The developed coast includes settlements and substantial free standing industrial and energy developments. The developed coast may also contain internationally and nationally designated nature conservation sites, important cultural heritage resources and valuable areas of open space which should be protected from inappropriate development. The undeveloped coast should generally only be considered for development where the proposal will have economic and social benefits that outweigh any potentially detrimental impact on the coastal environment and there are no feasible alternative sites within existing settlements or on previously developed land. The undeveloped coast includes areas of agricultural and forestry land and locations of low intensity recreational uses. The isolated coast, which can be of immeasurable environmental, spiritual and economic value, is distant from centres of population and lacks obvious signs of development. The special characteristics of the isolated coast should be safeguarded, and there is a presumption against development in these areas.

Q12. Do you support the removal of the specific requirement for development plans to classify coastal areas as developed, undeveloped or isolated?

Fish Farming

77. The fish farming industry makes an important contribution to the rural economy, providing a significant number of jobs, many in remote locations where alternative employment opportunities are limited. There are three main components of the fish farming industry - marine finfish farms, shellfish farms and freshwater farms. It is anticipated that the industry will increasingly move towards fewer, larger farms. The planning system should support the development of new and modified fish farms in appropriate locations. However, there is a presumption against development of marine finfish farm developments on the north and east coasts to safeguard migratory fish species.

78. Development plans should identify areas which are potentially suitable for new or modified fish farm development and sensitive areas which are unlikely to be appropriate for such development. In potential development areas fish farm development may be appropriate subject to locational and environmental considerations. Sensitive areas are unlikely to be suitable for fish farm development unless adverse impacts can be adequately mitigated. When designating sensitive areas, planning authorities should take into account carrying capacity, natural heritage interests, potential conflict with other users and other regulatory controlled areas. Where necessary, detailed policies on fish farming should be set out in supplementary guidance.

79. Fish farms are likely to require land based facilities and where possible these facilities should be considered as part of or simultaneously with the application for the fish farm. Opportunities for shared use of onshore facilities including jetties, piers and ancillary facilities should be promoted and, wherever possible, access to the foreshore for recreational purposes should not be impeded. Established anchorages and harbours should be safeguarded.

80. Planning authorities should take into account the cumulative effect of new or modified fish farm developments on the environment, including visual impact and the effect on the landscape. The capacity of an area to accommodate fish farm development can be considered on a loch or voe wide basis. Where adverse cumulative impacts are significant and cannot be mitigated, planning permission should not be granted. Planning authorities should provide advice on how design can minimise the landscape and visual impact of fish farms and associated development. Fish farms can be fitted into their surroundings to avoid or minimise visual intrusion and mitigation strategies should be incorporated into development proposals. Applications should be accompanied by information on the extent of the site, type, number and physical scale of structures, the disposition of structures across the lease area, on-shore facilities, ancillary equipment, lighting and noise impact and proposed restoration following cessation of operations.

81. There is potential for conflict between fish farming and other local fishing interests, including commercial inshore fishing and sea and river angling. The effects of fish farm development on traditional fishing grounds, salmon netting stations and angling interests should be considered. Fish farming is one of a number of activities excluded under Ministry of Defence ( MOD) bylaws on controlled areas that are used by the UK, NATO and allied nations for training purposes. The most significant of these areas are the Dockyard Ports of the Gareloch, Loch Long, Loch Goil and Rosyth. Similar prohibitions also exist at the British Underwater Test and Evaluation Centre and the Rona Noise Range. There are also MOD Danger areas and Exercise areas used for firing from shore, ship and aircraft. Mine laying and mine hunting operations around military facilities on the west coast and the presence of submarine exercise areas militate against the provision of fish farm moorings in some areas. Details of these areas are normally indicated on large scale Admiralty Charts or MOD Practice and Exercise Area ( PEXA) charts. The MOD also has statutory safeguarding zones surrounding military facilities on land which extend over estuaries and marine areas.

Q13. Have the main elements of national planning policy relating to fish farming been included and are they clearly explained?

Historic Environment

82. The historic environment is a key part of Scotland's cultural heritage and it enhances national, regional and local distinctiveness, contributing to sustainable economic growth and regeneration. The Scottish Government's policy on the historic environment and guidance on relevant legislation is set out in the Scottish Historic Environment Policy ( SHEP). The historic environment can often be adapted to accommodate new uses whilst retaining its special character. Planning authorities should support the best viable use that is compatible with the fabric, setting and character of the historic environment.

83. In some cases the importance of the historic environment and its setting ⁸ is such that change may be difficult or inappropriate. However, in most cases the historic environment can accommodate change which is informed and carefully managed. Development plans should provide a framework for the protection, conservation and enhancement of all elements of the historic environment to allow the assessment of the impact of proposed development on the historic environment and its setting. When preparing development plans or considering development proposals with a potentially significant impact on historic character, planning authorities should consider whether further and more detailed assessment is required to establish the capacity of an area for and sensitivity to change.

Listed Buildings

84. Change to a listed building should be managed to protect its special interest while enabling it to remain in active use. Enabling development may be acceptable where it can be shown to be the only mean of retaining a listed building. The resulting development must be of a high design quality, protect the listed building and its setting and be the minimum necessary to enable its conservation and re-use. The new development should be designed to retain and enhance the special interest, character and setting of the listed building.

Conservation Areas

85. Conservation areas are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Their designation provides the basis for the positive management of an area and for proposals for their preservation or enhancement. Permission should normally be refused for development, including demolition, within a conservation area that fails to preserve or enhance the character or appearance of the area.

86. Planning authorities are encouraged to undertake conservation area appraisals. Appraisals can assist owners and developers in formulating proposals and should inform development plans and development management decisions. Where necessary planning authorities can put in place Article 4 Directions to increase the protection of an area of historic value. Planning authorities also have powers to preserve trees in conservation areas.

Scheduled Monuments and Designated Wrecks

87. Scheduled monuments are archaeological sites, buildings or structures of national importance. Where works requiring planning permission affect a scheduled monument, the protection of the monument and its setting are material considerations. Where planning control extends offshore, planning authorities should ensure that development will not adversely affect the integrity and setting of scheduled wreck sites or wrecks designated under the Protection of Wrecks Act 1973 or the Protection of Military Remains Act 1986.

Non-statutory Designations

88. There are a range of non-designated sites, monuments and areas of historical interest which do not have statutory protection. These resources are, however, an important part of Scotland's heritage and planning authorities should identify and protect them as far as possible.

89. Archaeological sites are a finite and non-renewable resource and should be protected and preserved in situ wherever feasible. Where this is not possible planning authorities should ensure that appropriate excavation, recording, analysis, publication and archiving is undertaken before and/or during development. If archaeological discoveries are made during any development, a professional archaeologist should be given access to inspect and record them.

90. World Heritage Sites are inscribed by UNESCO as cultural and/or natural heritage sites which are of outstanding universal value. The impact of a proposed development on a World Heritage Site and its setting is a material consideration. The development plan should set out the factors that will be taken into account when deciding applications for development proposals which may impact on a world heritage site.

91. Planning authorities have a role in protecting and enhancing gardens and designed landscapes included in the current Inventory. The effect of a proposed development on a garden or designed landscape can be a material consideration in decisions on planning applications.

Q14. Have the main elements of national planning policy relating to the historic environment been included and are they clearly explained?

Landscape and Natural Heritage

92. Scotland's biodiversity and landscape are internationally renowned and important, underpinning significant industries such as the food, drink and tourism industries, and are a key component of the high environmental quality which makes Scotland an attractive place in which to live, do business and invest. Decisions made within the planning system frequently have direct implications for the landscape and natural heritage including biodiversity. Improving the natural environment and the sustainable use and enjoyment of it is one of the Government's strategic objectives. Planning authorities should therefore support opportunities for enjoyment and understanding of the natural heritage.

93. The landscape in both the countryside and urban areas is constantly changing and the aim is to facilitate positive change whilst maintaining and enhancing its distinctive character. The European Landscape Convention makes it clear that all landscapes require consideration and care. Different landscapes will have a different capacity to accommodate new development, and the siting and design of development should be informed by local landscape character. The natural and cultural components of the landscape should be considered together, and opportunities for enhancement or restoration of degraded landscapes, particularly those affecting communities should be promoted through the development plan where relevant.

94. Planning authorities should take a broader approach to landscape and natural heritage than just conserving designated or protected sites and species. A strategic approach to natural heritage in which wildlife sites, landscape features and other areas of open space are linked together in an integrated habitat network can make an important contribution to the maintenance and enhancement of local biodiversity. Planning authorities should seek to prevent further fragmentation or isolation of habitats and identify opportunities to restore links which have been broken. Where possible, planning authorities should seek benefits for species and habitats from new development including the restoration of degraded habitats. All public bodies, including planning authorities, have a duty to further the conservation of biodiversity, and this should be reflected in development plans and development management decisions.

95. Linking greenspaces in and around settlements through green networks can deliver benefits for people and nature. By encouraging connectivity between habitats, green networks can also improve the viability of species and the health and viability of isolated habitats and ecosystems, supporting adaptation to climate change. Development plans should identify green networks where this will add value to the provision, protection, enhancement and connectivity of open space and habitats in the city regions and in and around other towns and cities. Lochs, ponds, watercourses and wetlands also form valuable landscape features, recreational resources and wildlife habitats and should be protected and enhanced wherever possible both as part of developments and green networks.

96. Landscapes, biodiversity, habitat networks and protected sites and species are all sensitive to inappropriate development and planning authorities should ensure that potential effects on landscape and natural heritage interests including the cumulative effect of incremental changes are considered when preparing development plans and deciding planning applications. The protection of the landscape and natural heritage may sometimes impose constraints on development, however with careful planning the potential for conflict can be minimised. Statutory natural heritage designations are important considerations where they are affected by a development proposal however designation does not imply a prohibition on development. The level of protection given to local designations through the development plan should not be as high as the level of protection given to international or national designations.

97. Planning authorities should apply the precautionary principle where the impacts of a proposed development on nationally or internationally significant landscape or natural heritage resources are uncertain but there are good scientific grounds for believing that significant irreversible damage could occur. Where the precautionary principle is justified, modifications to the proposal which would eliminate the risk of irreversible damage should be considered. The precautionary principle should also be reflected in development plans policies relating to the protection of natural heritage and biodiversity. The precautionary principle should not be used to impede development unnecessarily. Where development is constrained on the grounds of uncertainty, research could be commissioned to remove the uncertainty.

International Designations

98. Sites classified as Special Protection Areas ( SPA) under the Birds Directive and designated as Special Areas of Conservation ( SAC) under the Habitats Directive form an EU-wide network of protected areas known as Natura 2000. Any development plan or development proposal which is likely to have a significant effect on a Natura site and is not directly connected with or necessary to the conservation management of that site must be subject to an appropriate assessment by the planning authority of the implications for the site's conservation objectives. Development which could affect a Natura site can only be permitted where:

• an appropriate assessment has demonstrated that it will not adversely affect the integrity of the site, or
• there are no alternative solutions and there are imperative reasons of overriding public interest, including those of a social or economic nature.

99. Where, in the absence of any alternatives, an authority proposes to approve a plan or project which could adversely affect the integrity of a Natura site for reasons of overriding public interest, Scottish Ministers must be notified and compensatory measures necessary to ensure the overall coherence of the Natura network is protected must be provided. For plans or projects affecting a Natura site where a priority habitat or species (as defined in Article 1 of the Habitats Directive) would be affected, prior consultation with the European Commission via Scottish Ministers is required unless the proposal is necessary for public health or safety reasons or will have beneficial consequences of primary importance to the environment. The Scottish Government accords the same level of protection to possible SACs and proposed SPAs which have been approved for formal consultation.

100. Ramsar sites are wetlands designated under the Ramsar Convention on Wetlands of International Importance, especially as waterfowl habitat. All Ramsar sites are also Natura sites and/or Sites of Special Scientific Interest and are protected under the relevant statutory regimes.

National Designations

101. National Scenic Areas are areas which are nationally important for their scenic quality. The system of Sites of Special Scientific Interest ( SSSI) aims to safeguard the natural features on particular areas of land considered to be of special interest because of their flora, fauna, geology or geomorphological features. National Nature Reserves are areas considered to be of national importance for their nature conservation interests. Development that affects a National Scenic Area, SSSI or National Nature Reserve should only be permitted where:

• it will not adversely affect the integrity of the area or the qualities for which it has been designated, or
• any such adverse effects are clearly outweighed by social, environmental or economic benefits of national importance.

102. National parks have been designated because of the national importance of their natural and cultural qualities. Conserving and enhancing this heritage is their primary aim and should be taken into account in development plans and development management decisions alongside their other aims of promoting sustainable use of natural resources, promoting understanding and enjoyment of the special qualities of the area and promoting sustainable economic and social development.

Local Designations

103. Local designations can play a valuable role in protecting and enhancing local natural heritage and landscapes, and in encouraging their enjoyment and understanding. Planning authorities should limit local non-statutory designations to two types - special landscape areas and local nature conservation sites. Local Nature Reserves should also be protected in the development plan.

104. The purpose of designating a special landscape area in the development plan should be to:

• safeguard the character and quality of landscapes, including wild land, which are important or particularly valued locally or regionally, or
• safeguard and promote important settings for outdoor recreation and tourism locally.

105. Areas of wild land in some of Scotland's remoter mountain and coastal areas are very sensitive to any form of development or intrusive human activity and planning authorities should safeguard the character of wild land in the development plan.

106. When considering whether to designate new local nature conservation sites for their biodiversity or when reviewing existing designations, planning authorities should assess the sites against the following factors:

• species diversity, species rarity, habitat rarity, habitat naturalness and habitat extent,
• potential contribution to the protection or enhancement of connectivity between habitats or the development of green networks and connectivity between habitats, and
• the potential to facilitate enjoyment and understanding of the natural heritage.

Local nature conservation sites designated for their geodiversity should be selected for their value for scientific study and education, their historical significance and other cultural and aesthetic value, particularly for promoting public awareness and enjoyment.

Q15. Do you agree with the principle of limiting local non-statutory designations to two types?

Protected Species

107. Many species are legally protected and their presence or potential presence is a material consideration in decisions on planning applications. Although their presence rarely imposes an absolute block on development, mitigation measures are often needed and the timing of works may be affected. If there is reasonable evidence to suggest that a protected species is present on site or may be affected by a proposed development, their presence must be established, the requirements of the species factored into the planning and design of the development and any likely impact on the species fully considered prior to the determination of the planning application.

108. Planning permission should not be granted for development that would be likely to have an adverse effect on a European protected species unless:

• there is no satisfactory alternative, and
• the development is required for preserving public health or public safety or for other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment.

In no circumstances should development be approved which would be detrimental to the maintenance of the population of a European protected species at a favourable conservation status in its natural range.

109. Planning permission should not be granted for development that would be likely to have an adverse effect on a species protected under the Wildlife and Countryside Act 1981 unless the development is required for preserving public health or public safety. For development affecting a species of bird protected under the 1981 Act there must also be no other satisfactory solution. Applicants should submit supporting evidence for any development meeting these tests, demonstrating both the need for the development and that a full range of possible alternative course of action have been properly examined and none found to acceptably meet the need identified.

Trees and Woodland

110. Ancient, semi-natural and long established woodlands generally have the greatest value for nature conservation but other woodlands, hedgerows and individual trees, especially veteran trees, may also have significant biodiversity value. Trees, woodland and hedgerows which make a significant contribution to landscape character and quality should be protected from adverse impacts resulting from development. Where appropriate planning authorities should seek opportunities for woodland creation and planting in connection with development schemes. Removal of woodland should only be permitted where it will achieve significant and clearly defined public benefits. Where development involves significant loss of woodland, planning permission should be conditional on appropriate compensatory planting. If a development would result in the severing or impairment of connectivity between important woodland habitats, workable mitigation measures should be identified and implemented, potentially linked to the creation of green networks. Tree Preservation Orders can be used to protect individual and groups of trees considered important for amenity or because of their cultural or historic interest. Planning authorities should consider preparing woodland strategies as supplementary guidance to guide the future development of woodland and forestry in their area.

Q16. Have the main elements of national planning policy relating to landscape and natural heritage been included and are they clearly explained?

Open Space and Physical Activity

111. Access to good quality open spaces and opportunities for sport and recreation makes an important contribution to a healthier Scotland. In settlements, networks of linked, good quality greenspace are important for their visual impact and their role in nature conservation, biodiversity, recreation and physical activity. Rural areas provide a wide range of outdoor recreation opportunities, many of which are closely linked to the quality of the environment. Planning authorities should support, protect and enhance open space ⁹ and opportunities for sport and recreation.

112. Statutory access rights to most land and inland waterways in Scotland provide an important contribution to recreation opportunities. Planning authorities should consider access issues when preparing development plans and making decisions on planning applications, and should protect core and other paths such as long distance routes and rights of way. New development should incorporate new and enhanced access opportunities where appropriate. Green networks which provide opportunities for physical activity and access to the outdoors and increase accessibility within settlements and to the surrounding countryside should be promoted and safeguarded through the development plan. Regional parks have been designated by local authorities to provide recreational access to the countryside and planning authorities should take this purpose into account when making decisions that affect them.

113. Planning authorities should take a strategic and long term approach to managing the open space in their area, assessing both current and future needs and protecting all spaces which can help to meet them. Authorities should undertake an audit of the open space resource in their area and how well it meets the community's needs. Using the information from the audit, authorities should prepare an open space strategy which sets out the vision for new and improved open space and addresses any deficiencies identified in the audit.

114. Open spaces should be accessible, safe, welcoming, appealing, distinctive and well connected. Within settlements there should be spaces that can be used by everyone regardless of age, sex or disability. There are two main constraints on accessibility - physical constraints such as distance, degree of personal mobility and severance by roads, railways or other barriers, and social and cultural constraints such as fear of crime and other concerns over personal safety. These issues should be considered in the siting and design of open space. New open space and other facilities should be accessible on foot and bicycle and located where they can be served by public transport. Authorities are encouraged to improve access to existing areas of open space via green networks and paths.

115. Local development plans or supplementary guidance should set out specific requirements for the provision of open space as part of new development and make clear how much, of what type and quality and what the accessibility requirements are. On and off site provision should be considered, depending on the specific site circumstances. Where the open space strategy indicates that there is a surplus of open space in the local area, a financial contribution towards improvement or management of existing open space may be an acceptable alternative to the provision of open space as part of the development. Planning authorities and developers should aim to create new open spaces which are fit for purpose, maintained and sustainable over the long term. They must be well designed, built to a high standard and capable of adaptation to reflect changes in the needs and requirements of users. Wherever possible, planning authorities and developers should identify opportunities to create and enhance links between open spaces and avoid fragmentation.

116. There is a presumption against development on open spaces which are valued and functional, or which are capable of being brought into functional use to meet a need identified in the open space strategy. These open spaces should be identified and protected in the development plan. Open space which is not identified in the strategy but which is valued and functional or contributes to local amenity or biodiversity should also be protected. Only where there is strong justification should open space be developed either partly or fully for a purpose unrelated to use as open space. Justification must include evidence from the open space audit that the development will not result in a deficit of open space provision of that type within the local area and that alternative sites have been considered. When a planning authority grants permission for development which would result in or exacerbate a deficit, replacement open space of appropriate type, quantity, accessibility and quality must be provided. Poor maintenance and neglect should not be used to justify development of open space which may otherwise be potentially functional and valued. Planning authorities and developers should work together to ensure that proper arrangements are in place for the long term management of any proposed open space, landscaping and other common facilities. Planning authorities should protect and enhance open space in their ownership.

117. Playing fields are an important resource for sport and should be provided in sufficient quantity, quality and accessibility to satisfy current and likely future community demand. Playing fields, including those within educational establishments, which are required to meet existing or future needs should be identified in the local development plan. Playing fields and sports pitches should not be redeveloped except where:

• the proposed development is ancillary to the principal use of the site as a playing field,
• the proposed development involves a minor part of the playing field which would not affect its use and potential for sport and training,
• the playing field which would be lost would be replaced by a new playing field of comparable or greater benefit for sport and in a location which is convenient for its users, or by the upgrading of an existing playing field to provide a better quality facility either within the same site or at another location which is convenient for its users and which maintains or improves the overall playing capacity in the area, or
• a playing field strategy prepared in consultation with sportscotland has demonstrated that there is a clear excess of sports pitches to meet current and anticipated future demand in the area, and that the site could be developed without detriment to the overall quality of provision.

118. Where, through a local facility strategy or playing field strategy, a need has been identified for new indoor or outdoor sports or recreation facilities in an area, the local development plan should identify sites where they can be located. For many sports and recreation developments locations within or close to residential areas will be the most appropriate.

Q17. Have the main elements of national planning policy relating to open space been included and are they clearly explained?

Green Belts

119. Green belts can encircle settlements but can also take other forms including buffers, corridors, coastal strips or wedges. A green belt can be designated as part of the management of the long term development of a settlement or group of settlements. It can have particular benefit where a co-ordinated approach to settlement planning is required across local authority boundaries. As part of a settlement strategy, a green belt will contribute to:

• directing growth to appropriate locations,
• protecting and enhancing the quality, character, landscape setting and identity of settlements, and
• enabling access to open space and opportunities for physical activity opportunities as part of the wider structure of green space.

Green belts can prevent the coalescence of settlements. There may be circumstances however, where coalescence would allow for a more sustainable settlement pattern. Careful consideration should be given to the impact of a green belt on settlements beyond its boundaries as designation may have the effect of transferring pressure for development to locations which may be less sustainable.

120. The objective of green belt designation is not to prevent development from happening, nor is it intended to be used to protect natural heritage or safeguard land for major uses such as airports. Land should only be designated as green belt where it will contribute to the settlement strategy for an area. Not all greenfield land will be designated as green belt. Most settlements do not have or need green belts because other policies or designations provide an appropriate context for decision making.

121. In city regions, the strategic development plan should establish the need for a green belt, identify its broad area and set the policy for future development within it. Local development plans should establish the detailed boundaries of the green belt. Outwith the city regions, the local development plan should establish the need for a green belt, identify specific boundaries and set out the policy for future development within it. Development that may be appropriate within the green belt includes:

• development associated with agriculture, forestry and horticulture, including the re-use of historic agricultural buildings,
• recreational uses that are compatible with an agricultural or natural setting, and
• other uses appropriate to the character of the area.

Where a proposal would not normally be consistent with green belt policy, it may still be considered appropriate either as a national priority or to meet an established need if no other suitable site is available. Development in a designated green belt must be of suitable scale and form. Many uses will only be appropriate at a low intensity and where any built elements are ancillary to the main use. The cumulative erosion of a green belt's integrity through the granting of individual planning permissions should be avoided.

122. Green belt boundaries should reflect the long term settlement strategy and ensure that settlements are able to accommodate planned growth. Inner boundaries should not be drawn too tightly around the urban edge, but where appropriate should create an area suitable for planned development between the existing settlement edge and green belt boundary. Green belt boundaries should be clearly identifiable on the ground, using strong visual or physical features such as rivers, tree belts, railways or main roads and landscape features that form the horizon. Hedges and field enclosures will rarely provide a sufficiently robust boundary. Existing settlements should be excluded from green belt designations in development plans, as should existing major educational and research uses, business and industrial operations and airports.

Q18. Have the main elements of national planning policy relating to green belts been included and are they clearly explained?

Transport

123. Reduction of emissions from transport sources as a contribution to Scottish Government targets for reducing the emissions of greenhouses gases which are causing climate change requires a shift to more sustainable modes of transport. For people this means a shift from car-based travel to walking, cycling and public transport. For goods it means a shift from road to rail and water based transport. Tackling congestion is also important to support economic growth and reduce emissions. The planning system should support a pattern of development that reduces the need to travel, facilitates travel by public transport and freight movement by rail or water, and provides safe and convenient opportunities for walking and cycling. The relationship between transport and land use has a strong influence on sustainable economic growth, and this should be taken into account when preparing development plans and in development management decisions.

124. The transport network infrastructure and services, environmental and operational constraints, proposed or committed transport projects and demand management schemes should be taken into account in development plans and development management decisions. Development should be supported in locations that are accessible by a range of transport options and including effective networks for walking, cycling and public transport, and best use made of existing networks. Significant travel-generating uses should be in locations which are well served by public transport and the amount of associated car parking permitted should be controlled to encourage more sustainable travel choices. Travel plans can also contribute to promoting sustainable transport solutions. When preparing a development plan, planning authorities should appraise the pattern of land allocation, including previously allocated sites, in relation to transport opportunities and constraints based on the current or programmed capacity of the transport network and sustainable transport objectives.

125. A transport assessment should be carried out where a change of use or new development is likely to result in a significant change in trips. The output from transport assessments can also identify potential cumulative impacts from development which need to be addressed. Planning permission should not be granted for significant travel generating uses in locations which would encourage reliance on the private car and where:

• direct links to walking and cycling networks are not available or cannot be made available,
• access to public transport networks is further than 400m walking distance,
• it would have a detrimental effect on the capacity of the strategic road and/or rail network, and
• the transport assessment does not include satisfactory mechanisms for meeting sustainable transport requirements.

Recent developments, sites allocated for development in existing plans and unimplemented planning permissions should not set a precedent for the allocation of development sites in unsustainable locations.

126. Opportunities for personal travel should be prioritised by mode in the following order - walking, cycling, public transport, car and other motorised vehicles. Buildings and facilities should be accessible on foot, both within the development and from the surrounding area. The aim is for urban areas to be made more attractive and safer for pedestrians, including people with mobility difficulties. Cycle routes and, where relevant, cycle parking and storage should be safeguarded and enhanced wherever possible. Improvements to active transport networks, such as footpaths and cycle routes, in urban and rural areas will support more sustainable travel choices. Statutory equal opportunities obligations relating to accessibility to different users of different means of transport should be taken into account in development plans and development proposals. Accessibility issues and street layout and design should be part of the design and planning processes from the outset.

127. Development plans should identify required new transport infrastructure, including cycle and pedestrian routes. New development areas should be served by public transport accessing a range of potential destinations, or proposals should be put in place to provide public transport. Where enhancement of public transport services or infrastructure is desirable to serve a new development but would not be provided commercially, a contribution from the developer towards an agreed level of service may be appropriate. Planning authorities should be realistic about the availability or likely availability of public transport services in rural areas.

Parking Policies

128. The availability of parking has an important influence on reducing reliance on the car. Planning authorities should apply maximum parking standards to on-site parking at new development as part of their approach to demand management to encourage modal shift. Parking restraint policies should be supported by measures to promote the availability of high quality public transport services. Authorities should also consider promoting park and ride schemes on commuter routes. Adequate car and cycle parking should be provided at rail stations to encourage onward travel by rail.

Q19. Do you support the retention of the policy on the use of maximum parking standards and the relocation of national maximum parking standards into advice?

129. Specific provisions should be made for parking for disabled people in addition to general parking. In retail, recreation and leisure developments, the minimum number of car parking spaces for disabled people should be:

• 3 spaces or 6% (whichever is greater) in car parks up to 200 spaces, or
• 4 spaces plus 4% in car parks over 200 spaces.

Employers have a duty under employment law to consider the disabilities of their employees and visitors to their premises. The minimum number of car parking spaces for disabled people at places of employment should be:

• 1 space per disabled employee plus 2 spaces or 5% (whichever is greater) in car parks up to 200 spaces, or
• 6 spaces plus 2% in car parks over 200 spaces.

Strategic Transport Network

130. The strategic transport network, which includes the trunk road, motorway and rail networks, is critical in supporting a level of national connectivity that facilitates sustainable economic growth. The primary purpose of the strategic transport network is to provide for the safe and efficient movement of strategic long distance traffic between major centres, although in rural areas the strategic network also performs important local functions. Development proposals that have the potential to affect the performance or safety of the strategic transport network need to be fully appraised to determine their impact. The impact of development on the strategic road and rail networks should be mitigated wherever practicable to achieve no net detriment to safety or in overall performance, including journey times and connections, emissions reduction and accessibility.

131. Providing for the safe and efficient movement of traffic on the strategic road network requires the implications of development proposals on traffic and road safety to be taken into account in development plans and development management decisions. New junctions onto the motorway and trunk road network are not normally acceptable, but the case for such junctions will be considered where significant economic growth or regeneration benefits can be demonstrated. Direct access onto any strategic road should be avoided as far as practicable. Access should be from a secondary road unless there is no alternative. Optimum utilisation and maximisation of the existing rail network should be considered before adding to rail infrastructure capacity. New stations will not normally be supported, however the case for a new station will be considered where the needs of local communities, workers or visitors will generate a high level of demand, and it will be served by feeder rather than inter-urban services.

Airports and Seaports

132. Ports and airports are important economic generators. Scotland's airports, as well as being important transport nodes and supporting wider economic growth, provide a significant amount and variety of job opportunities. Planning authorities and airport operators should work together to address airport masterplan and other planning and transport issues relating to airports. Relevant issues include public safety zone safeguarding, surface transport access for supplies, air freight, staff and passengers, related on- and off-site development such as transport interchanges, offices, hotels, car parking, warehousing and distribution services, and other development benefiting from easy access to the airport.

133. Coastal shipping can provide an environmentally friendly means of moving bulk freight. This requires wharves and harbour facilities able to handle and distribute the goods. Planning authorities and port operators should work together to address the planning and transport issues relating to seaports. Opportunities for rail access should be safeguarded in development plans. Island and some coastal communities are dependent on ferry services. Planning authorities should ensure that there is appropriate road access to ferry terminals for cars and freight, and promote interchange with bus and train services.

Freight

134. Efficient freight movement and storage is of significant economic importance. Development plans should allocate sites for manufacturing, processing, distribution or warehousing which are readily accessible to the strategic road network or suitable railheads, wharves and harbours. Development which attracts significant movements of road freight such as large scale warehousing and distribution depots and some forms of manufacturing should be located away from congested inner urban and residential areas.

135. Planning authorities should consider the need for improved and additional freight transfer facilities, including rail freight interchanges, when preparing development plans. Strategic freight sites are designated by Network Rail and have statutory protection. They should be safeguarded in the development plan. Where appropriate, development plans should also identify suitable locations for new or expanded rail freight interchanges to support increased movement of freight by rail. Access for service vehicles should be taken into account in the design and planning process.

Roadside Facilities

136. Roadside facilities cover a range from simple laybys through to comprehensive service areas. Planning authorities should support the provision of a range of roadside facilities. Development plans should safeguard existing lorry park facilities and, if required, provide for additional overnight lorry parking related to the trunk road network and at other locations where there is a high volume of lorry traffic.

Q20. Have the main elements of national planning policy relating to transport been included and are they clearly explained?

Renewable Energy

137. The commitment to increase the amount of electricity generated from renewable sources is a vital part the response to climate change. Renewable energy generation will contribute to more secure and diverse energy supplies and therefore support economic growth. The current target is for 50% of Scotland's electricity to be generated from renewable sources by 2020 but this is not a cap. Hydro-electric and onshore wind power are currently the main sources of renewable energy supplies and this is expected to continue but will increasingly be part of a wider renewables mix as other technologies become commercially viable. Other technologies which may contribute include biomass, energy from waste and landfill gas and offshore wind, wave and tidal power generation. Production of heat and electricity from renewable sources will also make an important contribution both at a domestic scale through solar heating and photo-voltaics, heat pumps, woodchip boilers and wind turbines, and through decentralised energy and heat supply systems including district heating and biomass heating plants for businesses, public buildings and community/housing schemes.

138. There is potential, particularly in rural areas, for communities to invest in ownership of renewable energy projects or to develop their own projects for local benefit. Planning authorities should support communities in developing such initiatives in an environmentally acceptable way. Projects making a small contribution to renewables targets should not be treated as having little benefit as they may have the potential to make a significant contribution cumulatively. Smaller community developments can also contribute to cumulative impact, particularly if poorly sited. The design and location of any development must reflect the scale and character of the landscape.

139. Planning authorities should support the development of a diverse range of renewable energy technologies, guide development to appropriate locations and provide clarity on the issues that will be taken into account when specific proposals are assessed. Development plans should support all scales of development associated with the generation of energy and heat from renewable sources, ensuring that an area's renewable energy potential is realised in a way that takes account of relevant economic, social, environmental and transport issues. Factors relevant to the consideration of applications will depend on the scale of the development and its relationship with the surrounding area, but are likely to include impact on the landscape, historic environment, natural heritage and water environment, amenity and communities, and any cumulative impacts that are likely to arise. Planning authorities should ensure that the development plan or supplementary guidance clearly explain the factors that will be taken into account in decision making on all renewable energy generation developments.

140. When granting planning permission, authorities should include conditions for the decommissioning of developments, including their ancillary infrastructure, and for site restoration if appropriate. Planning authorities should also ensure that sufficient finance is set aside to enable operators to meet their restoration obligations, and should consider financial guarantees through a section 75 agreement. A range of benefits are often voluntarily provided by developers to communities in the vicinity of renewable energy developments. These can include community trust funds. Such benefit should not be treated as a material consideration unless it meets the tests set out in Circular 12/1996. Applications should include details of the environmental, social and economic benefits that will arise from the proposed project, both locally and nationally, including the overall number of jobs and economic activity associated with the procurement, construction and operation of the development.

Wind Farms

141. Planning authorities should support the development of wind farms in locations where the technology can operate efficiently and environmental and cumulative impacts can be satisfactorily addressed. Development plans should provide a clear indication of the potential for development of wind farms and should also set out the criteria that will be considered in deciding applications for all wind farm developments. The criteria will vary depending on the scale of development and its relationship to the characteristics of the surrounding area, but are likely to include:

• landscape and visual impact,
• impact on the natural and built heritage,
• contribution of the development to renewable energy generation targets,
• effect on the local and national economy and tourism and recreation interests,
• benefits and disbenefits for communities,
• aviation and telecommunications,
• noise and shadow flicker, and
• cumulative impact.

142. When considering cumulative impact, planning authorities should take account of existing wind farms, those which have permission and valid applications for wind farms which have not been determined. Decisions should not be unreasonably delayed because other schemes in the area are at a less advanced stage in the application process. The weight that planning authorities attach to undetermined applications should reflect their position in the application process.

143. Planning authorities should set out in the development plan or supplementary guidance a spatial framework for onshore wind farms of over 20 megawatts generating capacity. Authorities may incorporate wind farms of less than 20 megawatts generating capacity in their spatial framework if considered appropriate. Planning authorities should continue to determine applications for wind farms while local policies are being updated. The spatial framework should identify:

• areas requiring significant protection because they are areas designated for their national or international natural heritage value, are areas designated as green belt or are areas where the cumulative impact of existing wind farms limits further development,
• areas with potential constraints where proposals will be considered on their individual merits against identified criteria, and
• areas of search where appropriate proposals are likely to be supported subject to detailed consideration against identified criteria and all other material considerations.

Spatial frameworks should not be used to put in place a sequential approach to determining applications which requires applicants with a proposed development outwith an area of search to show that there is no capacity within areas of search.

144. Potential constraints on wind farm development include:

• the historic environment,
• areas designated for their regional and local natural heritage value,
• tourism and recreation interests,
• benefits and disbenefits for communities, including long term and significant impact on amenity,
• impact on aviation and defence interests, particularly airport operation, flight activity, aviation and defence radar and seismological recording, and
• impact on broadcasting installations, particularly maintaining transmission links.

A separation distance of up to 2km between areas of search and the edge of settlements is recommended to guide developments to the most appropriate sites and to limit visual impact, but decisions on proposed developments should take into account specific local circumstances and geography. Development plans should recognise that the existence of these constraints on wind farm development do not lead to blanket restrictions on development, but should be clear on the extent of constraints and the factors that must be satisfactorily addressed to enable development to take place. Planning authorities should not impose additional zones of protection around areas designated for their landscape or natural heritage value.

145. Having identified areas requiring significant protection and other potential constraints on wind farm development, planning authorities should identify areas of search where there are no significant constraints on development. Within these areas of search, sites may be constrained by:

• other natural heritage interests,
• project viability, including wind speed, site access, ground suitability and other environmental factors, and
• grid capacity.

Existing and approved grid capacity should be maximised wherever possible, however grid constraints should not be used as a development constraint where renewable energy potential exists.

146. The disturbance of some soils, particularly peat, may lead to the release of stored carbon, contributing to carbon emissions. Developments should be designed to minimise soil disturbance when building and maintaining roads and tracks, turbine bases and other infrastructure to ensure that the carbon saving provided by the scheme is maximised. Where relevant, applicants will be expected to provide geotechnical and hydrological information in support of applications, identifying the presence of peat at each site including the risk of landslide associated with any development work.

Q21. Do you agree with the integration of policy on spatial frameworks for wind farms over 20 megawatts generating capacity with general planning policy on wind farm development?

Other Renewable Energy Sources

147. The location of large scale biomass plants will be determined by a number of factors including the economic costs of transporting fuel materials from source, the availability of feedstock during the year, the location of the end user and the scale of the plant. In some locations there will already be an adequate supply of feedstock from managed woodlands and secondary sawmill products which can be accessed immediately. Further options could be provided by growing energy crops and expanding woodland types in other areas. Development plans should identify sites with the potential to accommodate biomass plants which can be supplied from locally available resources, and should identify the factors that will be considered when deciding planning applications, including amenity, air quality and transport issues.

148. The scope for major new hydro-electric schemes is likely to be limited but there may be an increasing number of proposals for small run-of-river projects. Development plans should identify the issues which will be taken into account in decision making on hydro electric schemes including impacts on the natural and cultural heritage, water regimes, fisheries, aquatic habitats and amenity, and relevant environmental and transport issues.

149. A variety of technologies can generate energy from waste directly or indirectly through incineration or process waste into a fuel which can be used elsewhere. Industrial sites with the potential for connection to the electricity grid or other possible users are likely to be suitable locations for energy from waste plants. Location will also be influenced by the source of the waste used. Development plans should identify appropriate sites or the factors that will be taken into account when deciding planning applications.

Low and Zero Carbon Development Targets

150. A key role of the planning system is to support low and zero carbon development through the use of energy efficient, microgenerating and decentralised renewable energy systems so that carbon reductions are considered and secured at the design stage of projects, and through locational, siting and design considerations. Development plans should support the provision of on-site low carbon and renewable sources of energy in new developments. All future applications with a total cumulative floorspace of 500 sq metres or more should incorporate on-site zero and low carbon equipment contributing at least an extra 15% reduction in CO2 emissions beyond the 2007 building regulations carbon dioxide emissions standard. Applications should only be exempt from targets where developers are able to demonstrate that technical constraints exist. In such circumstances planning authorities should aim to secure equivalent carbon savings elsewhere in the area.

Q22. Have the main elements of national planning policy relating to renewable energy been included and are they clearly explained?

Flooding and Drainage

151. Flooding is a natural phenomenon which cannot be prevented entirely. Some locations are already susceptible to intermittent flooding and climate change is expected to worsen the situation. Inadequate drainage infrastructure can also increase the risk of flooding. In the past some development has taken place without sufficient regard to flood risk and the effects of flooding. Further development which would have a significant probability of being affected by flooding or would increase the probability of flooding elsewhere should not be permitted.

152. Planning authorities must take the probability of flooding from all sources and the risks involved into account when preparing development plans and determining planning applications. Prospective developers should take flood risk into account before committing themselves to a site or project. They should also undertake flood risk assessments and drainage assessments where required and implement agreed measures to manage flood risk.

153. All land is to some degree susceptible to flooding. The likelihood of a site being flooded is measured in terms of probabilities, which range from very low (close to 0% probability) to very high (up to 100% probability). Even in areas generally free from flooding, local conditions and exceptional rainfall can lead to flooding. It is therefore not possible to set planning policy and determine applications solely according to the calculated probability of flooding. Developers and planning authorities should therefore err on the side of caution in taking decisions when flood risk is an issue. SEPA provide indicative flood risk maps as a basis for identifying risk areas.

154. Functional flood plains store and convey flood water during times of flood. These functions are important in the wider flood management system. For planning purposes the functional flood plain will generally have a greater than 0.5% (1:200) probability of flooding in any year. Development on the functional flood plain will not only be at risk itself, but will add to the risk elsewhere. Built development should not take place on functional flood plains and piecemeal reduction of the flood plain must be avoided because of the cumulative effects of reducing storage capacity. There may be exceptions for infrastructure if a specific location is essential for operational reasons or it is incapable of being located elsewhere. In such cases, the development should be designed to remain operational in times of flood and not impede water flow and the effect on the flood water storage capacity should be kept to a minimum. Development should not take place on land that could otherwise contribute to managing flood risk, for instance through managed coastal realignment, washland creation or as part of a scheme to manage flood risk.

155. To provide a basis for planning decision making relating to flood risk, the following risk framework divides flood risk into three categories and outlines an appropriate planning response. The calculated probability of a flood occurring should be regarded as a best estimate and not a precise forecast. The annual probabilities referred to in the framework below relate to the land at the time a planning application is made or a development plan is prepared.

Little or No Risk - annual probability of watercourse, tidal or coastal flooding is less than 0.1% (1:1000)

• No constraints due to watercourse, tidal or coastal flooding

Low to Medium Risk Area - annual probability of watercourse, tidal or coastal flooding in the range 0.1% - 0.5% (1:1000 - 1:200)

• It will not usually be necessary to consider flood risk unless local conditions indicate otherwise. These areas will be suitable for most development. A flood risk assessment may be required at the upper end of the probability range ( i.e. close to 0.5%) or where the nature of the development or local circumstances indicate heightened risk. Water resistant materials and construction may be required depending on the flood risk assessment. Subject to operational requirements, including response times, these areas are generally not suitable for essential civil infrastructure such as hospitals, fire stations, emergency depots etc. Where such infrastructure must be located in these areas or is being substantially extended it must be capable of remaining operational and accessible during extreme flooding events.

Medium to High Risk - annual probability of watercourse, tidal or coastal flooding greater than 0.5% (1:200)

• Generally not suitable for essential civil infrastructure such as hospitals, fire stations, emergency depots etc., schools, ground-based electrical and telecommunications equipment. The policy for development on functional flood plains applies. Land raising may be acceptable.
• Within built up areas, medium to high risk areas may be suitable for residential, institutional, commercial and industrial development provided flood prevention measures to the appropriate standard already exist, are under construction or are planned as part of a long term development strategy. In allocating sites, preference should be given to those areas already defended to required standards. Water resistant materials and construction should be used where appropriate.
• In undeveloped and sparsely developed areas, medium to high risk areas are generally not suitable for additional development, including residential, institutional, commercial and industrial development. Exceptions may arise if a location is essential for operational reasons, e.g. for navigation and water based recreation uses, agriculture, transport or some utilities infrastructure and an alternative lower risk location is not achievable. Such infrastructure should be designed and constructed to remain operational during floods. These areas may also be suitable for some recreation, sport, amenity and nature conservation uses provided adequate evacuation procedures are in place. Job-related accommodation ( e.g. caretakers and operational staff) may be acceptable. New caravan and camping sites should not be located in these areas. If built development is permitted, measures to manage flood risk are likely to be required and the loss of flood storage capacity minimised. Water resistant materials and construction should be used where appropriate.

156. Local development plans should:

• identify sites or areas constrained by flood risk on the basis of the risk framework,
• safeguard the flood storage capacity of functional flood plains,
• indicate where a freeboard allowance ¹⁰ should apply,
• indicate when a drainage assessment will be required because of flood risk, and
• indicate when water resistant materials and forms of construction will be appropriate.

If relevant, local development plans could also identify where the promotion of managed coastal realignment or other measures could contribute to more a sustainable approach to flood management.

157. Flood risk is a material consideration in planning decisions for sites which have a history of flooding, are in a flood plain or on low lying coastal land, are adjacent to a watercourse or drained by a culvert, or have drainage constraints or are otherwise poorly drained. Where flood risk is an issue, developers should commission a flood risk assessment and/or drainage assessment. The planning authority's responsibility is to have regard to the risk of flooding in determining the planning application, but this does not affect the liability position of applicants and occupiers who have responsibilities for safeguarding their property. Planning authorities should avoid any indication that a grant of planning permission implies the absence of flood risk.

158. A development which requires additional flood alleviation or prevention measures to address flood risk from any source will normally only be acceptable outside or adjoining the boundary of medium to high risk areas. Proposals for development which would require new flood prevention measures must only be promoted through the development plan. Where flood risk management measures will be necessary to enable a development to proceed, a thorough justification including an examination of alternative options must be provided. Flood risk management measures reduce the probability of flooding but they cannot eliminate it entirely. Wherever possible, flood risk management measures should not lead to deterioration in the ecological status of the water environment. Where this is not possible, the ecological impacts should be minimised. It all cases opportunities for habitat restoration or enhancement should be sought.

159. Landraising, which involves permanently elevating a site above the functional flood plain, may have a role in some circumstances. Proposals for landraising should:

• be linked to the provision and maintenance of compensatory flood water storage to replace the lost capacity of the functional flood plain,
• have a neutral or better effect on the probability of flooding elsewhere, including existing properties,
• not create a need for flood prevention measures elsewhere,
• not create islands of development but should adjoin developed areas outwith the functional flood plain, and
• be set back from the bank of the watercourse.

The engineering and environmental implications of landraising must be fully explored and major proposals should be promoted through the development plan. Once complete, the land created by landraising will no longer be part of the functional flood plain.

Drainage and Culverts

160. The interaction between sewers, local watercourses and other bodies of water (including groundwater) means that planning authorities must consider arrangements for surface water drainage. Drainage measures proposed as part of a planning application should have a neutral or better effect on the risk of flooding both on and off the site. Surface water run-off from development should be fully or partly drained by a sustainable urban drainage system ( SUDS) unless this is impracticable. The aim of SUDS is to mimic natural drainage, encourage infiltration and attenuate both hydraulic and pollutant impacts to minimal adverse impacts on people and the environment. Where flooding is an issue, SUDS should be designed to mitigate the adverse impact of a storm inflow. If this is not possible SUDS are unlikely to be acceptable. If conventional drainage is already constrained, this issue will be a material consideration in planning decisions.

161. Sites identified as appropriate for development can sometimes be constrained by a lack of water supply or waste water infrastructure or capacity. If a proposed development is considered acceptable in a location where the current water or drainage infrastructure would be insufficient, stakeholders should work together to identify the best practicable option to accommodate the development. For large scale development proposals in areas where drainage is already constrained or otherwise problematic or if there would be off-site effects, a comprehensive drainage assessment will be required.

162. Culverts are a frequent cause of local flooding, particularly if the design or maintenance is inadequate. Watercourses should not be culverted as part of a new development unless there is no practical alternative and existing culverts should be opened whenever possible. If culverts are unavoidable, they must be designed to maintain or improve existing flow conditions and aquatic life. A culvert may be acceptable as part of a scheme to manage flood risk or where it is used to carry a watercourse under a road or railway.

Q23. Have the main elements of national planning policy relating to flooding and drainage been included and are they clearly explained?

Waste Management

163. Policy on waste management is driven by EC directives and national policy, targets and standards set by the Scottish Government. A sustainable approach to waste management planning relies on a number of objectives including those reflected in the national waste management plan and waste hierarchy, reduced reliance on landfill and the precautionary and proximity principles. The waste hierarchy favours prevention over reuse, recycling, recovery then disposal. The proximity principle requires waste to be dealt with as close as possible to where it is produced, and as far as possible should be applied at the Area Waste Plan level. Residential, commercial and industrial properties should be designed to provide for waste separation and collection taking into account the availability and likely future availability of treatment capacity.

164. A significant increase in the numbers, range and types of waste management installations is needed to manage municipal, commercial and industrial waste. Composting facilities, transfer stations, materials recycling facilities, and anaerobic digestion, mechanical, biological and thermal treatment plants are the main types of installation that are required. The need for and required capacity of facilities will be established in the National Waste Management Plan. All development plans must allocate sites for required waste management facilities and provide a policy framework which facilitates the development of these facilities.

165. Modern waste infrastructure is designed and regulated to high standards and is similar to other industrial processes. Locations which are appropriate for modern industrial development are therefore also appropriate for many waste management installations but other locations should also be considered when allocating sites in the development plan. In keeping with the proximity principle, towns and cities will often be the best locations for new waste transfer, separation and handling installations. Appropriate sites for new installations, and for community composting and bring facilities where required, must be identified in development plans. Development plans should also identify suitable sites for the processing of construction and demolition wastes. Suitable sites could include existing minerals workings or industrial sites. Existing waste handling installations should be safeguarded in development plans and allocations on adjacent sites should not compromise waste handling operations, which may operate 24 hours a day and partly outside buildings. When locations for thermal treatment plans are being considered, the sensitivity of surrounding uses to pollution, particularly odour, should be taken into account.

166. With operational control regulated by SEPA, development plans and consideration of applications for planning permission relating to waste management facilities should:

• focus on whether the development itself is an acceptable use rather than on control of the processes or waste streams involved,
• consider only the aspects of operations enforceable under planning control to minimise impacts on the environment, transport network and local communities, and
• secure decommissioning or restoration to agreed standards.

167. Landfill will continue to be required for residual waste and planning authorities must safeguard potential landfill sites in the development plan. Development plans must also identify suitable locations where waste can be safely treated, stored and managed before final disposal. Planning authorities should ensure that new landfill sites or extensions to existing landfill sites do not lead to a disproportionate burden of negative environmental impacts on nearby settlements or other sensitive receptors such as the landscape. This will be particularly important if there are already two or more operational or consented sites that could raise similar impacts within 5km of a nearby settlement. Such sites could include minerals or opencast coal sites. Applicants should assess the likely cumulative impacts of additional landfill, including consideration of site design, increases in road traffic, period and intensity of disturbance to settlements and the length of time and severity of landscape impact. Developers should demonstrate what measures will be taken to mitigate likely cumulative impacts, and if adverse cumulative impacts cannot be mitigated adequately, permission should be refused. This policy on cumulative impact also applies to mineral extraction sites and opencast coal sites.

Q24. Have the main elements of national planning policy relating to waste management been included and are they clearly explained?

Minerals

168. An adequate and steady supply of minerals is essential to support sustainable economic growth. The minerals industry provides raw material for construction, manufacturing, agriculture and other sectors. Continuity of supply to meet demand by the minerals industry depends on the availability of land with workable deposits having planning permission for extraction. Development plans should set out the requirement for minerals, consider the need for safeguarding, define areas where internationally and nationally important natural or built heritage designations are likely to constrain mineral working and set out policies to guide decisions on planning applications.

169. Planning authorities should have regard to the availability, quality and accessibility of mineral resources in their area when preparing development plans. Authorities should liaise with operators, neighbouring planning authorities and use verifiable sources of information to identify appropriate search areas. These search areas, or where appropriate specific sites, should be identified and safeguarded in the development plan and the criteria to be satisfied by development proposals set out. The same safeguarding principles should apply to land allocated for development which is underlain by minerals and where prior extraction of the mineral would be beneficial. When preparing development plans, authorities should consider the appropriateness of existing search areas. Where there is no developer interest, planning authorities should modify or delete the search area from the plan.

170. Planning authorities should ensure a landbank of permitted reserves for construction aggregates of a minimum 10 years extraction is available at all times in all market areas. Where market areas for construction aggregates extend across local authority boundaries, authorities should work together to ensure an adequate supply of minerals can be provided. This is particularly important in the city regions.

171. Scotland contains a number of non-aggregate construction and industrial minerals including limestone, clay, dimension stone, slate and silica sands. Planning authorities should safeguard these resources and provide for their working. Limestone resources at Beith should continue to be safeguarded. Dimension stone and slate are important for repair of existing buildings and as a new building material. The demand for and scarcity of consented reserves of building stone means that reserves should be safeguarded in development plans. Reopening dormant and securing active sites is important in providing for future supply. As building stone reserves are often worked on small sites, in limited quantities and intermittently, planning authorities should ensure that conditions do not impose undue restrictions on such operations. Where brick clay and fireclay is associated with coal-bearing strata, the policy on opencast coal applies. Policy on mineral extraction should be applied to proposals for deep coal mining. Planning authorities should decide, in consultation with local communities, whether they intend to identify locations for coastal exporting quarries in the development plan.

172. Small workings, sometimes called borrow pits, commonly associated with roads and wind farm construction, forestry or agriculture, allow for the extraction of minerals near to or on the site of the associated development. Applicants will need to demonstrate the particular operational, community or environmental benefits of such proposals. They should be time limited consents, tied to a particular project and accompanied by full restoration proposals. Commercial peat cutting raises particular environmental concerns, and will only be acceptable in areas of degraded peatland which has been significantly damaged by human activity and where the conservation value is low. Areas of peatland that retain a high level of natural heritage conservation interest or are important for their archaeological interest and value as CO2 sinks should be protected and conserved through development plans and development management decisions.

173. Development plans and development management decisions should aim to minimise any significant negative impacts from minerals extraction on the amenity of local communities, the built and natural heritage and other economic sectors important to the local economy. Extraction should only be permitted where impacts on local communities and the environment can be adequately controlled or mitigated. Wherever possible, haulage should be by rail or coastal or inland shipping rather than by road. Where there are significant transport impacts on local communities, routes which avoid settlements should be identified. Operators should provide sufficient information to enable a full assessment to be made of the likely effects of development together with proposals for appropriate control, mitigation and monitoring. When deciding planning applications for extraction, planning authorities should consider:

• disturbance and disruption from noise, blasting and vibration, and potential pollution of land, air and water,
• impact on communities and the economy,
• cumulative impact (see paragraph 167),
• impact on natural and built heritage,
• landscape and visual impact, and
• transport impacts.

174. Authorities should not impose standard buffer zones between sites and settlements since distances will need to take 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 and the mitigation that can be implemented. Planning authorities should ensure that arrangements are in place to monitor the conditions attached to planning permissions. To offset impact on local communities, benefits in the form of new community facilities or community trust funds may be proposed by the developer or suggested by the planning authority. Such benefits should only be treated as a material consideration if they meet the tests set out in Circular 12/1996 on planning agreements.

175. Planning authorities should require operators to incorporate proposals for phased working and if applicable progressive restoration, in planning applications. Proposals should also address visual impact during the life of the site, the locational impact of operations, design, layout and phasing. Once mineral working has ceased, the land should be reinstated at the earliest opportunity. Operators are encouraged to consider after uses that result in environmental improvement rather than simply restoring land to its previous state. Planning authorities should ensure that consents are associated with an appropriate financial bond unless the operator can satisfactorily demonstrate that their programme of restoration, including the necessary financing, phasing and aftercare of sites, is sufficient. This could include reliance on an established and properly funded industry guarantee scheme. Financial guarantees need to reflect the scale and type of mineral extraction proposed and avoid imposing costs on operators beyond that necessary.

Q25. Have the main elements of national planning policy relating to mineral extraction been included and are they clearly explained?

Opencast Coal

176. Scottish opencast coal output is likely to continue to play a significant role in ensuring diverse and sustainable supplies of energy at competitive prices. Although development can raise significant environmental issues, extraction is necessary and important in the national interest. Operators are responsible for determining the level of output from their sites whilst planning authorities are responsible for determining the acceptability of individual development proposals. A contract between an opencast operator and any of the electricity generators is not a material consideration in planning decisions, nor is the quality of coal.

177. Development plans should identify broad areas where the extraction of coal by opencast methods may be acceptable, and set out the criteria to be addressed when assessing individual proposals including mitigation of cumulative impacts. Within areas identified for possible future working, individual proposals will still need to be judged on their merits, taking into account all relevant considerations. When reviewing plans, authorities should reconsider identified search areas and consider new search areas, taking into account any new information on coal reserves. If it is clear that future applications are unlikely, authorities should modify or delete existing search areas.

178. Deposits of coal and related minerals capable of being extracted should not be sterilised unnecessarily. If extraction is not possible because of other ongoing developments that raise similar issues in the area then planning authorities should take a long term view on the potential for extraction and incorporate possible extraction timescales into the development plan. Where practicable it is desirable to secure extraction prior to permanent development above workable coal reserves.

179. When deciding planning applications for opencast coal extraction, planning authorities should consider:

• disturbance and disruption from noise, blasting and vibration, and potential pollution of land, air and water,
• impact on communities and the economy,
• cumulative impact (see paragraph 167),
• impact on natural and built heritage,
• landscape and visual impact,
• transport impacts, and
• restoration and aftercare proposals.

180. There is a presumption against extraction outwith areas of search identified in the development plan. Within areas of search, there is a presumption against opencast coal extraction unless the proposed development meets one of the following tests:

• the proposal is environmentally acceptable, or can be made so by planning conditions and/or agreements, or
• the proposal provides local or community benefits which clearly outweigh the likely impacts of the extraction.

Local or community benefits will only arise where extraction generates employment which is particularly beneficial in the area and jobs are genuinely available to local communities, or where there is improvement of local amenity or future development opportunities arising from the clearance of a substantial area of derelict or despoiled land, the stabilisation of a previously undermined site or other similar benefits.

181. Opencast coal extraction is unlikely to be acceptable if:

• proposed site boundaries are within 500m of the edge of a settlement,
• it would have unacceptable impacts on individual dwellinghouses or sensitive establishments outwith communities and effects cannot be mitigated satisfactorily,
• the proposal is for an extension to an existing site where the intention was known but not made explicit when the original application was approved,
• it will result in a period of disturbance to communities for more than 10 years,
• it is in an area already subject to other developments that also have negative environmental effects and the simultaneous or sequential working will result in an unacceptable cumulative impact on a local community,
• haulage will be solely on roads which pass directly through communities, particularly if rail based transport is a viable option, or
• it will adversely affect any natural or built heritage designation or site.

Although site boundaries within 500m of the edge of a settlement are unlikely to be acceptable, this should not prevent non-engineering works such as tree planting taking place to reduce the visual impact of the development. Site boundaries within 500m of the edge of a settlement may be acceptable where it would result in improvement of local amenity or future development opportunities by clearing a substantial area of derelict or despoiled land, the stabilisation of a previously undermined site or other similar benefit.

182. Local communities must be closely involved throughout the development plan process, and operators must work closely with communities from the early stages of developing specific proposals and throughout the application, operational and restoration phases. Benefits in the forms of new community facilities or community trust funds may be proposed by the developer but such benefits should not be treated as a material consideration unless they meet the tests set out in Circular 12/1996.

183. When submitting planning applications operators should indicate their understanding of the location of coal reserves in surrounding land and their likely future plans relating to future extensions (vertical and lateral) and their interest in adjacent sites. Proposals for the restoration and aftercare of a site should be submitted with the planning application and should provide enough detail to enable the planning authority to take a realistic view of the intended after use, and should include information on the phasing of progressive restoration, the final landform and landscape and monitoring procedures. Operators are encouraged to consider after uses that result in environmental improvement rather than simply restoring land to its previous state. Planning authorities should require a financial guarantee to ensure adequate restoration and aftercare unless the operator can adequately demonstrate that their programme of restoration, including the arrangements for financing, phasing and aftercare of the site is sufficient. This could include reliance on an established and properly funded industry guarantee scheme.

Q26. Have the main elements of national planning policy relating to opencast coal extraction been included and are they clearly explained?

Telecommunications

184. Advanced, high quality telecommunications infrastructure is an essential component of economic growth across Scotland. Telecommunications legislation and regulation is a matter reserved to the UK Government but the development of the telecommunications network, particularly the siting and design of equipment, is a concern of the planning system in Scotland. Planning authorities should support the expansion of the telecommunications network, including broadband infrastructure, through the development plan and development management decisions, taking into account the economic and social implications of not having full coverage in an area.

185. The siting and design of radio telecommunications infrastructure, such as base stations for mobile phone networks, are the key issues to be addressed through the planning system. All components of the equipment should be considered together, including antennas, any supporting structure, equipment housing, cable runs, fencing, planting, landscaping, access, power supply and land lines. The following series of options should be considered when selecting sites and designing base stations:

• installation of smallest suitable equipment,
• concealing and disguising masts, antennas, equipment housing and cable runs using design and camouflage techniques,
• mast or site sharing,
• installations on buildings and existing structures, and
• ground based masts.

186. Local development plans and supplementary guidance should give a consistent basis for decisions on telecommunications infrastructure and provide clear, positive guidance to the industry. Operators should discuss network roll-out plans with planning authorities during the preparation of development plans or supplementary guidance.

187. Planning applications for telecommunications equipment should be accompanied by the following supporting material:

• a description of how the proposed equipment fits into the wider network,
• a description of the siting and design options which satisfy the operational requirements and the reasons for the chosen solution,
• details of the design, including height, materials and all components of the proposal,
• details of any proposed landscaping and screen planting,
• a description of how the cumulative effects of the proposed and existing equipment in the area were considered,
• a declaration that the equipment and installation is designed to be in full compliance with the appropriate ICNIRP guidelines ¹¹, and
• information on visual impact, if relevant.

188. Planning authorities should not question whether the service to be provided is needed nor seek to prevent competition between operators, but must determine applications on planning grounds. The planning system should not be used to secure objectives that are more properly achieved under other legislation. Emissions of radiofrequency radiation are controlled and regulated under other legislation and it is therefore not necessary for planning authorities to treat radiofrequency radiation as a material consideration. To demonstrate to planning authorities that the known health effects have been properly addressed, applications for planning permission involving antennas must be accompanied by a declaration that the equipment and installation is designed to be in full compliance with the appropriate ICNIRP guidelines for public exposure to radiofrequency radiation.

Q27. Have the main elements of national planning policy relating to telecommunications been included and are they clearly explained?

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