Scottish Government

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
ARGYLL AND BUTE STRUCTURE PLAN - DRAFT MODIFICATIONS

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Dear Sir / Madam

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
ARGYLL AND BUTE STRUCTURE PLAN - DRAFT MODIFICATIONS

Further to your representation on the above Plan, I enclose a copy of the proposed modifications together with a copy of the cover letter sent to Argyll and Bute Council. Arrangements have been made to advertise the proposed modifications inviting objections to be submitted by 16 August 2002.

Yours faithfully

STEPHEN M DOWELL

Dear Sir,

TOWN AND COUNTRY PLANNING (SCOTLAND ) ACT 1997
ARGYLL AND BUTE STRUCTURE PLAN - DRAFT MODIFICATIONS

The Scottish Ministers have considered the above Plan submitted by your Council. They have taken into account representations received and such other matters as thought relevant.

They propose to approve the Plan subject to a number of modifications listed in the Annex. The Annex also gives the reasons for proposing the modifications. All recommendations and schedules are acknowledged as Council aspirations but not approved.

They have looked at the question of whether an Examination in Public should be held but in their view the information before them is adequate and an EIP is not called for.

In accordance with the provisions of Regulation 18 of the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983, arrangements have been made to advertise the proposed modifications inviting objections to be submitted to this Department by 16 August 2002 and notice of these proposals has also been served on all those who made representation.

I am sending a copy of this letter and annex to the Director of Development & Environmental Services.

Yours faithfully

S M DOWELL

NOTICE OF PROPOSED MODIFICATION TO STRUCTURE PLAN
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
ARGYLL AND BUTE STRUCTURE PLAN

The Scottish Ministers propose to modify the above Plan.

Certified copies of the Plan and the proposed modifications have been deposited for public inspection at the following Argyll and Bute Council offices:

Jamieson Street, Bowmore, Isle of Islay

Dell Road, Campbeltown

Milton House, Dunoon

Scotcourt House, Helensburgh

Kilmory HQ, Lochgilphead

Lorn House, Albany Street, Oban

Eaglesham House, Rothesay, Isle of Bute

School Road, Tarbert

The Business Centre, Crossapool, Isle of Tiree

Breadalbane Street, Tobermory, Isle of Mull

The deposited documents are available for inspection free of charge during normal office hours. Objections to the proposed modifications should be sent in writing to the Secretary, The Scottish Executive Development Department, Planning Services, Area 2-H, Victoria Quay, Edinburgh, EH6 6QQ, by 16 August 2002.

Objections should state the matter to which they relate and the grounds on which they are made. Forms for making objections are obtainable at the place where the documents have been deposited but objections need not be made on the form provided.

Copies of objections and representations will be deposited in Saughton House Library in Edinburgh where they will be available for public inspection during normal office hours. A nominal levy will be charged for the copying of objections. They cannot be treated as confidential.

S M DOWELL
Principal Planner
The Scottish Executive Development Department
4 July 2002

ANNEX: ARGYLL & BUTE STRUCTURE PLAN - PROPOSED MODIFICATIONS

[NB: Recommendations and schedules are Council aspirations and as such are noted but not approved. Note that schedules 6 and 7 have been incorporated into the proposals]

Foreword

Modification: Para 3. Replace "National Park Plan (Local Plan)" in 3 ^rd bullet point with "National Park Local Plan". Adjust subsequent similar references.

Reason: To clarify what the Development Plan is and to remove any confusion with the National Park Plan which, like the Local Plan, will be prepared by the National Park Authority but will cover a wider range of issues.

Summary

Modification: Para 5. Delete and replace with:

"The strategy presents a ten year provision of business and industrial land and a five year provision of housing land for 14 of the15 planning areas identified in Argyll and Bute. In addition specific consideration is given to the needs of the Helensburgh and Lomond area. Provision is focused on 11 Key Settlements as follows:"

Reason: The justification for the figures of future population and the additional housing and business / industrial land allocations is not strong across the Plan area. However, the Plan's intentions are generally acceptable in terms of the principle of encouraging growth in a wide range of circumstances and the Local Plan will provide locational detail. The exception to this is in the Helensburgh and Lomond area where there are genuine strategic planning concerns as to the appropriate scale of provision of new development land, the area's future function, and the implications for other parts of the conurbation. Special attention has been given to this area. [Note modifications to Settlement Strategy section]

Modification: Para 7. Delete and substitute:

"The Local Plan will detail the capacity of different areas and settlements to accommodate further development within the context of different development control zones and the preparation of settlement plans. As part of the approach, Greenbelt in the Cardross-Helensburgh-Rhu-Shandon corridor is recognised as a special and restrictive zone while the Countryside Around Settlements policy provides the framework elsewhere."

Reason: To clarify that the zones contribute to the general context for land use planning taking into account the capacity of different areas and settlements to accommodate further development. The Local Plan will further detail these areas.

Modification: Para 11. Delete references to "interim strategies" in 1 ^st, 3 ^rd and 4 ^th bullet points.

Reason: To accord with subsequent modifications.

Introduction

Modification: Para 1.1. Add "; Community Planning," after "Structure Plan" and delete "and" in 4 ^th sentence.

Reason: To indicate contribution of Community Planning to the Structure Plan process.

Modification: Overall Aims. Replace 3 ^rd bullet point with "establish and maintain a ten year supply of marketable business and industrial land and a minimum five years of land for housing." Insert ", social ," after "economic" in 4 ^th bullet point. Add "natural and historic" before "environment" in the penultimate bullet point.

Reason: To accord with subsequent modifications. To indicate that the scope of sustainable development includes social and environmental interests.

Strategic Issues and Investment

Modification: Para 2.2, Objective SI 1 Add "and social" after "economic" in line 1. Add "and Social" before "Objectives" in the title. Add "natural and historic" before "environment" in d).

Reason: As above.

Modification: Objective SI 2 d). Delete and replace with: "to encourage development of a scale, form, design and location appropriate to the character of the landscape and settlements of Argyll and Bute."

Reason: To emphasise the importance of sensitive fit in new development.

Modification: Para 2.4. Add after 2 ^nd sentence:

"Protecting and enhancing the quality of Argyll and Bute's natural and historic environment together with supporting social objectives are equally important in pursuing a sustainable approach."

Reason: To indicate the wider interests which underpin the principle of sustainable development.

Modification: Para 2.5, STRAT SI 1. Add new paragraph and strategic policy before "Strategic Issues" as follows:

"2.5 The following policy presents the overarching objectives and principles which the

Council will pursue."

"STRAT SI 1 - SUSTAINABLE DEVELOPMENT

Argyll and Bute Council shall adhere to the following principles in considering development proposals, and in its policies, proposals and land allocations in Local Plans. It will seek to:

a) maximise the opportunity for local community benefit;

b) make efficient use of vacant and/or derelict brownfield land;

c) support existing communities and maximise the use of existing service infrastructure

d) maximise the opportunities for sustainable forms of design, including energy efficiency

e) avoid the use of prime quality or locally important good quality agricultural land

f) use public transport routes fully and increase walking and cycling networks

g) avoid the loss of recreational and amenity open space

h) conserve the natural and built environment and avoid significant adverse impacts on biodiversity, natural and built heritage resources.

i) respect the landscape character of an area and the setting and character of settlements.

j) avoid places where there is a significant risk of flooding, tidal inundation, coastal erosion or ground instability and

k) avoid having an adverse effect on land, air and water quality.

Reason: To present the wider context for sustainable development. Renumber subsequent paragraphs

Modification: PROP SI 1. Add ", in liaison with Scottish Enterprise," after shall" in line 1.

Reason: Scottish Enterprise is currently undertaking work to establish the scope for timber-related industry in Scotland with a view to identifying a preferred site or sites.

Modification: STRAT ISSUE 2, PROP SI 2. Replace "Action Area" in A) 4 with "action programme". Adjust subsequent references in PROP SI 3 and 4.

Reason: Action Areas as formal designations were repealed under the Local Government (Scotland) Act 1994.

Modification: Para 2.11. Delete 3rd and 4th sentence and replace with:

"Despite this diversity, there is a common advantage across the South arising from its accessibility to the Glasgow conurbation".

Reason: To clarify and recognise that the advantage is not specific to "outward Glasgow - based demand" but to accessibility to and from the area.

Modification: Para 2.15. Add "and its gateway potential," after "area," in line 3.

Reason: To indicate that the Helensburgh area, like Dunoon, may also take advantage of opportunities arising from the adjacent National Park.

Modification: PROP SI 4. Delete "appropriate" before "provision" in line 1 and add ", in terms of appropriate scale and location," after "provision".

Reason: To emphasise that land use provision should be at an appropriate scale and location to meet the anticipated needs of the area.

Modification: Para 2.18. Add at the end of 3 ^rd sentence:

"while catering for the needs of the area's communities. Further elaboration of the strategic issues and land use provision will be set out in the National Park Plan and Local Plan to be prepared by the Loch Lomond and Trossachs National Park Authority."

Reason: To indicate that the strategic issues and land use provision will be taken forward by the Park Authority.

Modification: Para 2.25. Delete "to the National Park".

Reason: It is not accepted that the National Park is the basis for any perceived imbalance between area commitments.

Settlement Strategy

Modification: Para 3.2. Delete 1 ^st, 2 ^nd and 3 ^rd sentence and replace with:

"3.2 A ten year supply of marketable business and industrial land and a minimum five years of land for housing is put forward for all planning areas (Diagram 2) with the exception of the Helensburgh and Lomond area (see PROP SET 4). A measured approach has been adopted for this planning area which reflects its special circumstances and relationship to the conurbation. The statistical bases in the Plan for making important decisions about future population and land for housing, business and industry will need to be refined over time. The approach in the Plan emphasises monitoring of development and policy. For the Helensburgh and Lomond area, existing land allocated in the adopted Local Plan will be used for the time being. Elsewhere, the intention is to meet local need and, where appropriate, wider demand and thus encourage growth. The allocations will be re-examined over the whole Plan area once better statistics are available."

Reason: The settlement strategy and land use policy for most of Argyll and Bute is acceptable where the fundamental aim is to reverse depopulation and encourage rural growth. It is a sensible and flexible approach when applied to many settlements in rural areas where there is a general need for more fairly smallscale economic activity. Nevertheless it is wise to keep the basic population and other statistics under review. Modifications emphasise this approach. In contrast, controversial and substantial planning issues arise in the proposals for the Helensburgh and Lomond area. The future function and character of Helensburgh and adjoining settlements and their relationship to the wider conurbation are affected. The expansionist, "competitive approach", with sizeable new land allocations, is contentious. The statistical analyses and policy discussion are inadequate to justify a scale of release which could have profound consequences for the area. There has to be a much deeper understanding shown of what is reasonably achievable, what the impacts are likely to be and what the implications are for planning policy in the wider conurbation. The Council also needs to keep well abreast of local feelings about the future character the town should aspire to have. The Council needs to revisit the subject once the 2001 Census information is available and also look in much more depth at the demand for and supply of development land. It then has to reflect, consider and decide on what land provision is appropriate and if any change is needed to the development plan as a result. In the interim, existing, Local Plan land allocations should be used.

Modification: Para 3.4, 3.5. Delete "to population projections (page 11) and" in 1 ^st sentence of paragraph 3.4. Delete first bullet point "10 year population projection". Delete paragraph 3.5.

Reason: To accord with the modification to paragraph 3.2.

Modification: Population Tables 1, 2 Add "The following population projections are interim." to the beginning. Delete 2 ^nd and 3 ^rd sentences and replace with:

"The Council will review the projections using, as one reference, the 2001 Census results when available." Delete last two columns of both tables.

Reason: The Council's projected population differs significantly from official ones. The Plan projects a 2% increase between 1999 - 2012 whereas the GROS 1998 based figures project a 3% decrease over the same period. There is no justification in the Plan for this difference. Limited information is given on the assumptions used to determine and allocate population and net migration levels. It is therefore not possible to analyse the figures in relation to national projections. The 2001 Census information will be available shortly and will help to identify trends. The last two columns have been deleted to correct inaccuracies, as they should have been calculated on a 13-year basis as opposed to the 12 years used.

Modification: Para 3.7. Add "possible" before "inward" in 2 ^nd sentence.

Reason: There is a lack of justification for this assertion based on past take-up of land allocated for business and industry.

Modification: Para 3.9. Add "and may, in the longer term," before "also" in 2 ^nd sentence and replace "requires…assessment." with "require some adjustment to the Green Belt". Delete 3 ^rd and 4 ^th sentence.

Reason: To accord with subsequent modification to PROP SET 1. Adjustment to the Green Belt may still be required over the longer term but not in the short term.

Modification: PROP SET 1, Schedule 6. Delete "set out in Schedule 6" and substitute "follows:" Delete "Schedule 6" in the title. Delete "15 ha" for Helensburgh and Lomond under "Estimated New Provision". Delete footnote.

Reason: To accord with the modificationto paragraph 3.2. The footnote is unnecessary as it relates to opportunity sites which should be considered within the overall provision.

Modification: PROP SET 2. Delete and replace with:

"PROP SET 2 - RETAILING AND TOWN CENTRES.

The Council shall seek to sustain the viability and vitality of town centres within Argyll and Bute. A sequential approach to retail development will be adopted in accordance with national guidance".

Reason: To clarify that the Council's aim is to sustain the viability and vitality of town centres and that they will adopt a sequential approach in accord with NPPG 8 - Town Centres and Retailing in considering retail developments.

Modification: Para 3.15. Delete "Schedule 7 (page 18)" and replace with "PROP SET 4"

Reason: To accord with the subsequent modification to PROP SET 4

Modification: Para 3.19 - 3.24, Table 3. Delete 3.19 - 3.24 and replace with:

"3.19 A measured approach is required. Unused Local Plan land allocations for housing were estimated at 386 units at August 2001. The Council will re-assess housing provision for the Helensburgh and Lomond area in the light of new information, including the 2001 Census and in accord with current Government guidance and advice." Renumber subsequent paragraphs.

Reason: To accord with the modification to paragraph 3.2. Amongst other things the Council should have regard to NPPG 3 Planning for Housing and PAN 38 Structure Plans: Housing Land Requirements in providing policy and technical justification for housing provision.

Modification: Para 3.26. Delete 3 ^rd sentence. Add "five year" after "estimated" in last sentence and delete "Schedule 7 (page18)"and replace with

"PROP SET 4".

Reason: To accord with the subsequent modification to PROP SET 4.

Modification: PROP SET 4A), 4B), Schedule 7. Delete and replace with:

"PROP SET 4 - HOUSING PROVISION IN ARGYLL AND BUTE

A) The overall housing provision in Argyll and Bute for the five year period to 2007 is set out below for the planning areas with the exception of the Helensburgh and Lomond area.

B) The Council will cater for short-term housing requirements in Helensburgh and Lomond area in terms of existing, unused Local Plan land allocations.

HOUSING LAND PROVISION IN ARGYLL AND BUTE

Note

• Where the projection is under 10, the minimum provision is 10 for each Planning Area.

• The provision totals are mainly for settlement areas within each Planning Area. Additional scope for housing may be available on appropriate countryside sites, in particular within the Rural Opportunity Areas.

• *Unused local plan allocations were estimated at 386 units in Aug 2001.

Reason: To accord with the modifications to paragraphs 3.2 and 3.19. In addition, given the interim nature of the population figures, there is no value in looking beyond
5 years.

Modification: Para 3.29, PROP SET 5. Add after "should" in second last sentence, "be based on an assessment of the capacity of each settlement to accommodate further growth and the need thereof and". Add " based on capacity assessments and growth needs" after "settlement plans" in A).

Reason: To clarify that the settlement plans will be based on a thorough assessment of the need and the capacity of each settlement for growth.

Development Control

Modification: Para 4.3. Add new sentence:

"Settlement plans, based on capacity assessments, will be prepared for each of the settlements".

Reason: Further assessment of the capacity of settlements is required to establish the most appropriate amount and scale of development.

Modification: STRAT DC 1. Add ", subject to capacity assessments," after "given" in line 1.

Reason: As above.

Modification: STRAT DC 7A). Delete and replace with:

"A) Development likely to have a significant effect on a Natura site will be subject to an appropriate assessment. The development will only be permitted where the assessment indicates that it will not adversely affect the integrity of the site, or, there are no alternative solutions and there are imperative reasons overriding public interest

B) On sites of national importance, SSSIs and NNRs, development will only be permitted where it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area would not be compromised, or where any adverse impacts are clearly outweighed by social or economic benefits of national importance.

Reason: To accord with NPPG 14 Natural Heritage and give clarity and effect to guidance in Circular 6/1995 as revised June 2000.

Modification: Paras 4.15, 4.16, STRAT DC 8. Add after 3 ^rd sentence in para 4.15: "Landscape character assessment will be useful in the consideration of development proposals in the countryside."

In para 4.16 replace "Character Assessment for Argyll and Bute" with "Landscape Assessment of Argyll and the Firth of Clyde".

Add to STRAT DC 8 A) 2 - "and their settings" after "Historic landscapes" and "/or historic gardens and" before "designed landscapes".

Add to STRAT DC 8 B) - "Protection, conservation and" before "enhancement".

Reason: To strengthen the landscape considerations and context.

Modification: Paras 4.17, 4.18, STRAT DC 9. Replace "Built Heritage" with "Historic Environment" in the title and adjust text. Delete and replace STRAT DC 9 with:

"STRAT DC 9 - HISTORIC ENVIRONMENT AND DEVELOPMENT CONTROL

Protection, conservation, enhancement and positive management of the historic environment is promoted. Development that damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted; particularly if it would affect a Scheduled Ancient Monument or its setting, other recognised architectural site of national or regional importance, listed building or its setting, conservation area or historic garden and designed landscape. More detailed policy and proposals for the historic environment will be set out in the Local Plan."

Reason: To accord with NPPG 5 Archaeology and Planning and NPPG 18 Planning and the Historic Environment.

Modification: STRAT DC 10. Delete and replace with:

"STRAT DC 10 - FLOODING AND LAND EROSION.

Proposed development which would be at significant risk of flooding or from erosion, or which would increase the risk to other land and property, or occupy the functional flood plan, will not be in accord with the structure plan. In some places, where it is feasible to manage the threat, suitable mitigation or other measures may be possible."

Reason: To accord with NPPG 7 Planning and Flooding.

Topic Sections

Modification: PROP CP 1 B). Delete and replace with the following:

"B) The policies will accord with the principles and categories contained in "Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters", issued by the Scottish Executive."

Reason: To accord with the Scottish Executive's guidance. The basis for the Council's identification of categories is not explained or justified and, while it partially reflects current guidance, the reasons for differences are not given.

Modification: Diagram 3. Delete.

Reason: As above. A new diagram should be brought forward as part of the Local

Plan.

Modification: STRAT AC 1. Delete "agricultural units" in A) and replace with "farms, crofts". Add ", croft**" after "farm" in B)1 and replace B) 4 with "the extent and distribution of land quality on farm or croft."

Reason: To clarify that in-bye land is common to both farms and crofts.

Modification: Para 7.1. Delete and replace with:

"Forestry will continue as a major land use within Argyll and Bute for many years to come. The Indicative Forestry Strategy in the Strathclyde Structure Plan (1995) requires review and updating. The Council proposes to develop an Indicative Forestry Strategy which reflects large-scale extraction, restocking and restructuring, increased attention to ecological and landscaping aspects, nature conservation designations and biodiversity. Forestry and woodland planting and management schemes which are subject to consultation arrangements with the Forestry Commission will be assessed against objectives and good practice as set out below."

Reason: The strategy is described as "interim". It is unclear what considerations underlie it. Lack of information undermines its value and makes it misleading. The Council should go on to prepare a new Indicative Forestry Strategy as time, resources and priorities permit (see STRAT FW1 B).

Modification: Diagram 4. Delete.

Reason: As above

Modification: Para 7.2. Change "Schedule 9" to "Schedule 8" and delete "for the Interim Indicative Forestry Strategy". Delete last sentence.

Reason: To correct inaccuracy and to reflect modifications as above.

Modification: Objective FW 1C). Add "and environmentally sound" after "cost effective".

Reason To reflect the need for balance between economic and environmental

considerations.

Modification: STRAT FW 1. Delete and replace with:

"STRAT FW 1 - INDICATIVE FORESTRY STRATEGY

A) Forest design and woodland grant applications involving consultation with Argyll and Bute Council shall be assessed against the principles contained in Objective FW 1 and Schedule 8.

B) Argyll and Bute Council will review the existing Indicative Forestry Strategy to take account of changing trends and issues in forestry and to reflect progress made on the forestry and woodland objectives under Objective FW 1"

Reason: To underline the importance of forestry in Argyll and Bute and the relevance of an Indicative Forestry Strategy in shaping its future.

Modification: Para 7.3. Delete

Reason: The commitment to develop a revised Indicative Forestry Strategy effectively precludes any requirement to develop further Local Forestry Frameworks. Experience elsewhere has shown that Indicative Forestry Strategies have been able to deal adequately with the issues.

Modification: Para 8.4. Delete "capacity AND" in first sentence. Delete remainder of the paragraph.

Reason: To accord with NPPG 6 Renewable Energy Development. The basis of the wind farm policy areas is unclear and lacks justification. The modification seeks to redress this by providing an interim criteria-based policy which the Local Plan can amplify. It can identify areas of search interest as well as sensitive areas. A new diagram should be included as part of the Local Plan.

Modification: Paras 8.5, 8.6, STRAT RE 1, Diagram 5. Replace paragraph 8.5 with:

"8.5 The Council's approach to wind farm development is criteria-based. A wind farm is treated as being three or more turbines. Less than this number are referred to by this Plan as wind turbines.

STRAT RE 1 - WIND FARM/WIND TURBINE DEVELOPMENT

A) Wind farm development is encouraged where it is consistent with STRAT DC 7, 8 and 9. Proposals shall be supported where it can be demonstrated there is no significant adverse effect on;

• local communities
• natural environment
• landscape character and visual amenity
• historic environment
• telecommunications, transmitting or receiving systems, and

B) The Council will identify, with appropriate justification in the Local Plan, broad areas of search or, where appropriate, specific sites where wind energy development may be permitted. The Council will also indicate sensitive areas or sites which it is judged that for overriding environmental reasons, proposals for wind farm development would only be considered in exceptional circumstances in line with the criteria set out above. Issues associated with the cumulative impact of wind farm and wind turbine developments will be addressed. This will be done in partnership with the industry and other interested parties."

Delete paragraph 8.6

Diagram 5 - Delete

Reason: As above.

Modification: Para 9.3. Delete and replace with:

"For the purpose of the Plan, telecommunication systems are those defined in the Telecommunication Act 1984".

Reason: To clarify that telecommunication development is as defined in the Telecommunication Act 1984 and not restricted as put forward.

Modification: PROP UTW 2. Delete "B) … Communications."

Reason: Part B) is proposing a precautionary approach beyond that contained in NPPG 19 Radio Telecommunications.

Modification: PROP TRANS 1F). Delete and replace with:"F) Maximum car parking standards will be prescribed in the Argyll and Bute Local Plan. Where appropriate national maximum car parking standards will be applied".

Reason: To accord with NPPG 17 Transport and Planning.

Modification: Diagram 7. Delete symbol for "strategically important views and outlooks".

Reason: Unclear as to purpose and derivation of the symbol.

Modification: Para 13.1. Delete "and Schedule 7 (pages 17-18)" in 1 ^st sentence. Delete "Preliminary" and "known in January 2002" in the last sentence.

Reason: To accord with earlier modifications and update the text.

Modification: PROP IMP 1. Delete "PROP SI 1-4" and replace with "PROP SI 1-5" in A). Delete "following" before "topic strategies". Delete A) 1 and 2.

Reason: To accord with earlier modifications.

Modification: Key Diagram. Adjust in the light of modifications.

Reason: To reflect changes resulting from the modifications.