Removing the Special Protection of Prime Quality Agricultural Land from Development: a consultation paper

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REMOVING THE SPECIAL PROTECTION OF PRIME QUALITY AGRICULTURAL LAND FROM DEVELOPMENT
A CONSULTATION PAPER ISSUED BY THE SCOTTISH EXECUTIVE

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INTRODUCTION

1. On 26 June this year, the Scottish Executive published A Forward Strategy for Scottish Agriculture. One of the Action Points in this Strategy is to consult on a proposal to remove the special protection from new development that the planning system gives to prime quality agricultural land. This paper seeks views on this proposal.

CONSULTATION

2. This paper:

  • Describes briefly the background to the protection of prime quality agricultural land;
  • outlines the proposed change; and
  • seeks views on the proposed change

RESPONSES

3. Responses to the paper should be sent no later than 17 December 2001 to:

Ms Elaine Pitcairn
The Scottish Executive Development Department
Planning Division
2-H33
Victoria Quay
Edinburgh
EH6 6QQ

Or by e-mail to: primelandconsultation@scotland.gsi.gov.uk

4. In order to help inform debate on the issue raised by this consultation paper, the Executive would, as usual, wish to make copies of the responses available to the public on request. The Executive will, therefore, assume that responses may be made available in this way. If, however, respondents indicate that they wish all or part of their reply to be excluded from this arrangement, confidentiality will of course be respected. However, the response may be included in any numerical summary of responses received. Bodies sending confidential responses will not be included in the published lists of respondents. Responses will be available from the Scottish Executive library unless specified as confidential.

BACKGROUND

5. Prime quality agricultural land is a limited resource of national importance because it can be used to grow a wide range of agricultural and non-agricultural crops. For a number of years the planning system, in support of successive governments' agricultural policy and their commitment to sustainable development, has been used to protect prime quality land from irreversible development. The Executive uses the land capability classification for agricultural land as developed by the Macaulay Land Use Research Institute in Aberdeen to define prime land. The best quality land, ie prime land, falls in classes 1, 2 and 3.1. This comprises 5.8% of the land surface of Scotland. The agricultural policy of protecting such land from development has been implemented through development plans and development control under the Town & Country Planning (Scotland) Act 1997, with specific policies for its protection being set out in National Planning Policy Guidelines (NPPGs) and Circulars.

6. The current policy is set out in Circular 18/1987 as amended by Circular 25/1994. This states that the best and most versatile land should not be built on unless there is no other suitable site for the purpose. The Executive implements this agricultural policy through its scrutiny of structure plans, local plans and individual proposals to develop larger areas of prime agricultural land not identified for development in such plans. In line with the Executive's commitment to sustainable development, National Planning Policy Guideline 15 Rural Development points out to local authorities that the very best agricultural land should enjoy an appropriate level of protection from new development.

7. Circular no 25/1994 informs local authorities of the requirement to consult the Executive when preparing relevant structure and local plan policies, including those for more locally important agricultural issues. In certain circumstances there is a requirement for local authorities to notify the Scottish Ministers. While no such cases have been notified within the last five years, a number have been resolved at local level. The circumstances in which the Scottish Ministers must be notified of an application are set out in the Schedule to Annex A to circular 4/1997 (extract at Annex A).

8. Over the years there have been a number of reviews of the need to retain as much of our best quality agricultural land as we do. These were undertaken in recognition of the fact that many agricultural products are in surplus and the resulting need to encourage the diversification of the rural economy into other kinds of activity. There has been a trend towards relaxation of this policy and the Executive now no longer believes that the retention of planning protection on such agricultural land can be justified on agricultural grounds alone. We therefore propose to withdraw the national protection the Executive gives to prime quality agricultural land through the planning system.

PROPOSAL

9. It is proposed to remove blanket national protection for the best quality agricultural land. Local authorities would be given flexibility to determine for themselves whether such land should be used for new development. There would no longer be a requirement for local authorities to consult the Executive on applications for planning permission to develop prime quality agricultural land. Local authorities would no longer be required to notify the Scottish Ministers in the circumstances set out in the attached Annex A.

SUSTAINABLE DEVELOPMENT

10. One of the Executive's main objectives is sustainable development. The planning system has a major role to play in achieving this and that would continue. Relevant planning policies and wider Executive objectives would still have to be taken into account when development of prime quality agricultural land is being considered. These would include environmental and landscape issues including important policies on Green Belts, housing in the countryside, and settlement and transport strategies.

QUESTIONS ON WHICH COMMENTS ARE REQUESTED

Q1 Should the Executive remove the national protection it gives under the planning system to prime quality agricultural land?

Q2 Would the removal of the national protection for prime quality agricultural land seriously affect the Executive's objective of sustainable development? If so, how?

CONSULTEES

11. A list of those being consulted is at Annex B. If you consider that any other agencies, individuals or organisations should be consulted, please contact Miss Elaine Pitcairn on 0131 244 1476.

RESOURCE IMPLICATIONS

12. Implementation of this proposal should have no adverse resource implications. It would remove the requirement on local authorities to consult the Executive on planning applications involving a change of use of 10 hectares or more of prime quality agricultural land.

CONCLUSION

13. The Executive believes that the retention of prime quality agricultural land can no longer be justified on agricultural grounds alone. Your views are sought, particularly in relation to Questions 1 and 2 following paragraph 10, on the proposal to remove the protection that the planning system currently gives to such land.

Annex A

DESCRIPTION OF DEVELOPMENT FOR WHICH APPLICATIONS MUST BE NOTIFIED TO THE SECRETARY OF STATE

Agricultural Land

Development which would involve a change of use of 10 hectares or more of agricultural land identified as being of class 1, 2 or 3.1 in the land capability classification for agriculture as developed by the Macaulay Land Use Research Institute, Aberdeen where-

(a) either the development would be contrary to a local plan which has been adopted or approved, or no local plan has been adopted or approved; and

(b) either an officer of The Scottish Office Agriculture, Environment and Fisheries Department, on being consulted by the planning authority, has advised against granting permission, or no such officer has been consulted.

Annex B

LIST OF CONSULTEES

AA Membership

Abertay University

Action of Churches Together in Scotland

D Adams Esq

Alexander Russell plc

Ms Patricia Alston

Anderson Strathern WS

Mike Andrews Esq

Angus Matheson Associates

Archibald Campbell & Harvey WS

Architectural Heritage Society of Scotland

Argyll and the Islands Enterprise

Mr Aslam

Association for Protection of Rural Scotland

Association of Chambers of Commerce

Association of Conservation Officers

Association of Consulting Engineers

Association of East Lothian Community Councils

Association of Scottish Community Councils

W S Atkins Scotland

Audit Scotland

Ayrshire Joint Structure Plan Committee

Babtie Group

John Ballantyne Esq

Balmoral Estates Office

Barbour Index plc

Ralph Barker Esq

James Barr & Son

Barton Willmore Partnership

Baxter Clark & Paul

Ashley Bell

Bell & Scott WS

Bell College of Technology

Bell Ingram

Belway Estates

Bidwells Property Consultants

Bill Love Partnership

Tim Birley Esq

Bishop Robertson Partners

Blyth & Blyth Group

Bond Pearce Solicitors

The Boots Company plc

Boreham Consulting Engineers

Richard Bowden Esq

BP Exploration

Brechin Tindal & Oates Solicitors

John Briggs Esq

British Gas Scotland

British Gas Transco

British Holiday and Home Parks Association

British Institute of Agricultural Consultants

British Rail

British Waterways

Brodies WS

Bryce Associates

Bryce Bond

BT

Building Design Partnership

W & J Burness WS

Richard Bush Esq

Business Information Centre

Kenneth Bussey Esq

Butterworths

Cairngorms Partnership

Cairns Ltd

Caithness & Sutherland Enterprise

Cala Homes Scotland Ltd

Richard Cameron Esq

John Campbell Esq

Mr Campbell

Cardiff University

The Carl Fisher Sibbald Partnership

Castlemilk Economic Development Agency

CB Hillier Parker Limited

CBI

Central Lobby Consultants

Central Scotland Countryside Trust

Centre for Environmental Management & Planning

CGMS

Chapman Warren

Charlton Smith Partnership

Chesterton

Colin Buchanan & Partners

Cyclists Touring Club

Church of Scotland General Trustees

Cinema Exhibitors Association

Civil Engineering Contractors Association

CIWEM Scottish Branch

Steven Clark Esq

Clay Colliery Co Ltd

The Coal Authority

Cockburn Association

Colinton Amenity Association

Commissioner for Local Administration

Commission on Future of Multi-Ethnic Britain

Colliers Erdman Lewis

Committee of Scottish Clearing Bankers

Comprehensive Design

Confederation of UK Coal Producers

Convention of Scottish Local Authorities

Coopers & Lybrand

Cordah Limited

Council for Scottish Archaeology

Council on Tribunals

Crown Estate

S Craig Associates

D & G Co

David Waugh & Sir Frank Mears Architects

Neil Davidson Esq

Deloitte & Touche

Ms M Denning

Denny & Dunipace Community Council

Dept of Transport, Local Government & the Regions

Department of Environment, N Ireland

Derek Carter Associates

Development Planning Partnership

Donalds Chartered Surveyors

Donaldson Chartered Surveyors

Drivers Jonas

DTZ Pieda Consulting

Duncan of Jordanstone College of Art

Dundas & Wilson

Dynamic Concepts

East of Scotland Development

East of Scotland Water Authority

EDAW CR Planning

Edinburgh College of Art

Entec UK Ltd

Enterprise Ayrshire

EPEC Ltd

Faculty of Advocates

Ms Iris Farndale

W A Fairhurst & Partners

Farningham McCreadie Partnership

Federation of Small Businesses

The Ferry Hill Heritage Society

Ms Laura Fleming

Forestry Commission

Forth Valley Enterprise

Forward Scotland

Freight Transport Association

Friends of the Earth Scotland

FWAG Scotland

Fuller Peiser

Garden History Society

Gerard Eve Chartered Surveyors

Gillespies

GJW

Glasgow & Clyde Valley Structure Plan Team

Glasgow Bar Association

Glasgow Development Agency

Glasgow Polytechnic

Grampian Enterprise Ltd

The Grange Association

Aileen M Grant

W Green Publishers

GVA Grimley

Halcrow Fox

Halladale

Halliday Fraser Munro

Ms Joyce Hartley

Healey & Baker

Health & Safety Executive

G L Hearn & Partners

Neil Henderson Esq

Heriot Watt University

Highlands & Islands Enterprise

T C Hill Esq

Hillier Parker

Historic Scotland

Holford Associates

P Holmes Esq

Hutchinson 3G

Ingenco

Institute of Chartered Foresters

Inverness & Nairn Enterprise

Ironside Farrar

J & E Shepherd

Jenkins & Marr

Johnson, Poole & Bloomer

Jones Lang Wootten

Junior Chamber Scotland

Keir Homes Ltd

Keppie Planners

Kinross-shire Civic Trust

KLM Consultancy Group

Knight, Frank & Rutley

Lanarkshire Development Agency

Douglas Law Esq

Law Society of Scotland

Littman Robeson

Local authorities

Lochaber Limited

Loch Lomond & the Trossachs Interim Committee

Lothian & Edinburgh Enterprise Ltd

LRDP

Ms Tina Lubin

Allan Lundmark Esq

M I Great Britain

Macaulay Land Use Research Institute

Alastair MacBeth Esq

McClure Naismith Anderson & Gardiner

McGowan & Associates

McGrigor Donald

McInally Associates

D W McIntosh Esq

McKenna & Co

Alastair Mackenzie Esq

Lachlan McNeil Esq

J McSparran & McCormick

McTaggart & Nickel

Malloy Smith Associates

A Martin Esq

Robert Martin Esq

Mid Atholl Strathtay & Grantly Community Council

James S Miller

Miller Homes

Ministry of Defence

Montagu Evans

Montgomery Forgan Association

Montgomery Watson

Moray Badenoch & Strathspey Enterprise

Alasdair Morgan MP

Morrison Homes

Morton Fraser Milligan WS

Mountaineering Council of Scotland

MPM

W I Munro Chartered Architects

NAI Gooch Webster

Napier University

Nathaniel Lichfield & Partners

National Assembly for Wales

National Farmers Union of Scotland

National Trust for Scotland

NBS Services

North Kincardineshire Rural Community Council

North of Scotland Water Authority

Northern College of Education

M O'Carroll Esq

Official Publications Library

Ogilvie Homes Ltd

Organic Scotland

Orkney Enterprise

Oscar Saber

Brian K Parnell & Associates

Partners in Planning, Architecture & Design

Ms Passmore

J Paton Esq

Peter P C Allan Town Planning Consultants

Peter Scott Planning Services

G Phillips Esq

Roano Pierotti Esq

The Planning Bureau

The Planning Exchange

Polmont Community Council

PPCA Town Planning Consultants

Alan Prior Consultancy

PS Public Affairs

Property Maintenance and Developments

Quarry Products Association

Ramblers' Association Scotland

Anthony Ramsay Esq

J D Ramsay Esq

Redrow Commercial Developments

Redrow Homes

Rex Procter & Partners

Robert Drysdale Planning Consultancy

Robert Turley Associates

Mrs Greta Roberts

Alistair J Robertson Esq

K W Robertson Esq

Andrew Robinson Esq

Roger Tym & Partners

Romm & Hass (Scotland) Ltd

J W H Ross & Co

Ross & Cromarty Enterprise

Rossett Landfill

Royal Fine Art Commission for Scotland

Royal Incorporation of Architects in Scotland

Royal Institution of Chartered Surveyors in Scotland

RPS Cairns Ltd

Royal Society for the Protection of Birds

Royal Town Planning Institute in Scotland

Rural Forum

Ryden

Savills

Scott Wilson Resource Consultants

Scottish Agricultural College

Scottish Airports Ltd

Scottish Association for Public Transport

Scottish Borders Enterprise

Scottish Chambers of Commerce

Scottish Churches Parliamentary Office

Scottish Civic Forum

Scottish Civic Trust

Scottish Coal

Scottish Consumer Council

Scottish Construction Industry Group

Scottish Council of Jewish Communities

Scottish Crofters Union

Scottish Engineering

Scottish Enterprise

Scottish Enterprise Dunbartonshire

Scottish Enterprise Dumfries & Galloway

Scottish Enterprise Tayside

Scottish Environment LINK

Scottish Environment Protection Agency

Scottish Executive Departments

Scottish Federation of Housing Associations

Scottish Homes

Scottish Housebuilders' Association

Scottish Housing & Planning Council

Scottish Landowners' Federation

Scottish Landscape Industry Group

Scottish Natural Heritage

Scottish Nuclear Ltd

Scottish Organic Producers Association

Scottish Outdoor Advertising Council

Scottish Parliament Information Centre

Scottish Power

Scottish Quality Salmon

Scottish Retail Consortium

Scottish Rights of Way Society

Scottish Society of Directors of Planning

Scottish Urban Regeneration Forum

Scottish Wildlife Trust

Scottish Woodlands Ltd

Semple, Fraser, Haniford, di Ciacca

Semple Fraser WS

Shell UK

Shepherd & Wedderburn

Shetland Enterprise

SIAS Limited

Skye & Lochalsh Enterprise

Alexander H Smith Esq

Smiths Gore

Society of Directors of Administration in Scotland

Society of Town Planning Technicians

Sportscotland

SPT

Squire Associates

St Andrews Community Council

Steedman Ramage

Stirrat Park Hogg

The Strategic Rail Authority

Mr Strathdee

Tarmac Quarry Products Ltd

Tay Homes

Taywood Homes Ltd

Timber Growers UK

Tods Murray WS

Town & Country Planning Association Scotland

Town Planning Consultancy

A Thomas Esq

Tony Thomas Esq

UK Environmental Law Association

UKAEA

Union of Muslim Organisations of UK & EIRE

Unison Scotland

United Firceclay Products Ltd

University of Aberdeen

University of Dundee

University of Edinburgh

University of Exeter

University of Paisley

University of Strathclyde

Urban Design Futures

Urban Design Group

Warren Consultants

John M Watchman Esq

Weatherall Green & Smith

Westend Community Council

West of Four Fisheries

West of Scotland Planning Officers Forum

West of Scotland Water Authority

Western Isles Enterprise

G A Whyte Esq

Steve Willcock Esq

William Cowie Partnership

William Lippe Architects

Wimpey Asphalt Ltd

Women's National Commission

The WS Society

WWF Scotland

Visitscotland

Eric Young Esq

Youngs Chartered Accountants

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