SPP 15 Planning for Rural Development
Consultation Report
Introduction
This Report has been prepared by the Scottish Executive to explain the consultation process that was undertaken on the drafting of Scottish Planning Policy 15: Planning for Rural Development and the changes that have been made to the SPP in the light of the consultation responses and input from other key stakeholders. It is intended as a fair representation of the points made by respondees.
As part of the Land Reform Action Plan, which was published in August 1999, there was a Ministerial commitment to review the effectiveness of National Planning Policy Guideline (NPPG) 15: Rural Development. Following evaluation of the research into NPPG 15 (which was published on 17 June 2003) it was concluded that the policy should be revised. In line with the intentions in the report Review of Strategic Planning: Conclusion and Next Steps (which was published in June 2002), NPPGs were to be re-named Scottish Planning Policies (SPPs).
The Consultation Process
A key commitment made by the Government in creating the Scottish Parliament was that the new constitutional arrangements would be used to extend participation in government more widely through partnership and involvement in policy development. The consultation on the SPP was carried out in an open, inclusive and transparent way. The Scottish Executive used a number of methods to encourage consideration and discussion of the issues:
- A core group of key rural interests and a wider sounding group of key stakeholders were established by the Executive to help prepare a consultative draft SPP. The draft SPP was published on 28 January 2004;
- The Executive issued 766 copies of the draft to a wide range of interests; 308 hard copies and 458 by electronic means;
- The draft was also placed on the Scottish Executive website.
The closing date for responses was 21 April 2004. This deadline was extended to allow some key stakeholders to submit their comments. In total, 116 responses were received from a wide range of stakeholders, and the Scottish Ministers are grateful to those who took the time to respond and help shape the SPP. These responses were analysed and a feedback report was published by the Executive in September. The report can be found at http://www.scotland.gov.uk/library5/planning/prdcsr-00.asp. The main issues that were raised by respondees were discussed first with the core group and subsequently with the sounding group. The Scottish Ministers are also grateful to the core and sounding groups for their assistance in helping to finalise the SPP.
There were no criticisms or concerns raised in relation to the handling of the consultation exercise.
The written responses to the consultation document have been placed in the Scottish Executive's library and can be consulted on request by contacting Neil Lynch, Tel: 0131 244 4552.
They have also been placed on the Executive's website at http://www.scotland.gov.uk/library5/rural/drdcr-00.asp.
The final SPP is being published today together with Planning Advice Note 73 Rural Diversification, Planning Advice Note 72 Housing in the Countryside, and a research report on rural typologies. This package of measures will help to deliver the vision set out in Rural Scotland - A New Approach.
January 2005
General
There was clear support for the SPP's objectives and most welcomed the positive thrust of the document. There was strong support for the economic goals, the emphasis on a strong rural economy, the encouragement of diverse housing opportunities, the need for sustainable development, emphasis on good design, the planning vision, support for diversification and the role of development plans.
Changes to the SPP following from the consultation
The Scottish Executive has made a series of changes to the draft SPP as a direct consequence of the consultation including discussion and comments from members of both the core and sounding groups. The paragraph numbers below follow the sequence of the numbers in the draft SPP, with new paragraphs in the final SPP, where appropriate, identified in brackets.
Paragraph 1 - add ……"and valuing" the enormous diversity of rural Scotland.
Scottish Executive response
This is accepted as it adds clarity.
Paragraph 3 (new paragraph 4) - Amend the text to reflect the updated position on the national planning framework.
Scottish Executive response
The wording has been amended to reflect the fact that the national planning framework has now been published and to clarify its purpose in the SPP for rural Scotland.
Paragraph 7 (new paragraph 8) - To give greater emphasis to environmental quality and to ensure that wider economic and social objectives should also be considered as should Scotland's distinctive environment and heritage. It was also suggested that the reference to a balanced age structure is impractical because of an ageing population and that a "more" balanced age structure would better reflect the position.
Scottish Executive response
The Executive accepts the need for more clarity, to ensure that the high quality environment is protected but also to ensure that economic and social objectives must be considered carefully. There was also a need to ensure that proper recognition is taken account of the built heritage. The paragraph has also been amended to recognise that a "more" balanced population in terms of age structure is more appropriate.
Paragraph 8 - Bring forward this paragraph to identify earlier in the document the purpose of the SPP.
Scottish Executive response
This is accepted and the relevant part of paragraph 8 has been moved to a new paragraph 3.
Paragraph 9 - Should broaden the example out to make it clear that rural and urban areas are not just interdependent on services, but are also interdependent on jobs.
Scottish Executive response
This point was accepted and the words "and jobs" have been added.
Paragraph 10 - The SPP needs to clarify links with green belt policy, and there needs to be a clear reference to the historic environment.
Scottish Executive response
The SPP has been amended to give a fuller explanation of green belt policy and to make it clear that it is the natural and historic environment that have to be protected.
Paragraph 11 - There is a need to expand on the different types of projects involved. It also needs to be made clear that there is a need to make more land available in appropriate locations for a range of different types development. This will alert people to the fact that bits of common grazing land which are remote from existing communities will be acceptable for developing.
Scottish Executive response
It was only examples used and this list was not exhaustive. The list of examples has, however, been expanded to include recreation projects. The SPP has also been amended to take on board the comments that more land should be made available in appropriate locations for a range of different types of developments.
Paragraph 12 - The position on the availability of broadband has greatly improved and this will reduce current locational restraints.
Scottish Executive response
This is indeed the case and the SPP has been amended to reflect the current circumstances.
Paragraph 14 - Other aspects of green tourism should be included.
Scottish Executive response
The paragraph has been broadened out to identify that the market growth area includes cultural tourism and to highlight that other initiatives, such as providing recreational facilities, underpin rural tourism.
Paragraph 15 - A Forward Strategy For Scottish Agriculture and The Rural Development Regulation should be mentioned. This would underline to Planners that there already exists a policy for Scottish Agriculture (farmers and landowners) supported by the Executive and that the major changes coming into force through the CAP reform including the RDR are for the rural economy generally. It was pointed out that there was no awareness that there was a major trend away from forestry. Indeed Forestry Commission Scotland is facilitating diversification of agriculture into forestry.
Scottish Executive response
The Executive is happy to make this clarification and the SPP has been amended accordingly. The words "and forestry" have been removed from the first sentence to correct the assertion that landowners are diversifying some of their activity away fro forestry.
Paragraph 16 - There is a need to emphasis where allowing a limited amount of housing has led to environmental enhancement.
Scottish Executive response
The paragraph has been revised to make it clear that allowing some houses can lead to environmental enhancement.
Paragraph 17 - It was considered that there was a need to clarify how re-use should be undertaken. On forestry, comment was also made that local value is being added through primary processing, local use of bio energy and eco-tourism and other recreation ventures.
Scottish Executive response
The SPP has been expanded to clarify that developments with the added value of employment generation or community benefits should be encouraged, particularly where they involve the imaginative and sensitive re-use of previously used land and buildings. The PAN on rural diversification which accompanies the SPP provides examples of good practice. The point made under paragraph 15 above about the Forestry Commission Scotland facilitating diversification of agricultural businesses into forestry has been addressed in an amendment to this paragraph. The paragraph has also been amended to cover the point about the local added value of forestry.
Paragraph 18 - Describe the type of sites where conversion to residential use would be particularly appropriate.
Scottish Executive response
Sawmills and former brickworks have been included as examples where conversion to residential use would bring about a net environmental benefit, subject to the criteria set out in paragraph 21 of the SPP.
Paragraph 19 - In case there is a change, the text should reflect that affordable housing is "currently" provided primarily by Registered Social Landlords, and that there should be re-ordering of the paragraph so that innovative and flexible solutions to delivering affordable housing come at the end. This, it is suggested, is a more sensible order.
Scottish Executive response
The points above are accepted and the SPP has been amended.
Paragraph 20 - Surely this is not about encouraging large housing sites on the edges of settlement but rather about supporting small scale, well integrated developments close to services to encourage balanced communities. This needs to be made clear. The Forestry Commission Scotland is currently exploring the potential to sell land to registered social landlords for the purposes of building affordable social housing in rural areas and to promote the use of sustainably produced timber and timber products as part of the process
Scottish Executive response
The Executive is happy to clarify its intention that it is about supporting small scale developments and the SPP has been amended accordingly. The current position regarding Forestry Commission Scotland has also been reflected in the SPP.
Paragraph 22 - It is not entirely clear in what circumstances the occupancy condition will apply. It should also be pointed out that some new housing, particularly in remoter areas, takes place on land outside settlements where there is reduced pressure on woodland and other amenity land.
Scottish Executive response
The SPP has been amended to clarify that occupancy conditions tying dwelling units to agricultural and forestry use will no longer be relevant to small clusters or groups of dwellings identified through local plans as being needed to meet a hitherto unsatisfied demand. Planning authorities may, however, continue to implement them if they wish where a new dwelling is obviously tied to the agricultural or forestry use of the land in question. The SPP has also been amended to clarify that some house building not identified in local plans takes place on woodlands and other amenity land outside settlements. Criteria should be included in plans for the circumstances where this type of windfall development, outwith the main settlements, is likely to be acceptable.
Paragraph 23 - Steading conversion should also be promoted.
Scottish Executive response
The paragraph has been amended to explain and promote steading conversion along with modernisation.
Paragraph 24 - Make it clear that mixed housing developments are acceptable and also clarify the status of design standards.
Scottish Executive response
The paragraph has been amended to clarify that a mix of housing developments is acceptable and that design standards should be made clear through supplementary design guidance prepared by local authorities.
Paragraph 25 - Not all rural locations are able to be served by public transport and the car is the only means of transport. There are problems with the quality of the roads and the effect they have on inhibiting local development.
Scottish Executive response
There needs to be scope to allow development in areas where there is no alternative to the car eg where there is no access for public transport or the area is not well served by public transport. The SPP has been amended to remind local authorities to apply appropriate standards to access roads to enable small developments to remain viable.
Paragraph 26 - Not only are the built and natural heritage of high quality but so are the historic and cultural heritage. Reference should also be made to the duty on public bodies in the forthcoming Nature Conservation (Scotland) Act to further the interests of biodiversity. It was also felt that, in the context of the paragraph, the term sustainable development is too broad. It would be better if the ending could be changed to "can accommodate certain types of development, where it can be demonstrated that there will be no adverse environmental impact". A project might be considered sustainable eg renewable energy but this might not be the case if inappropriately located.
Scottish Executive response
Paragraph 26 has been split into paragraphs 26 and 27 because it was too long. Changes have been made to the SPP to bring out the points mentioned above. The SPP has been strengthened to ensure the proper protection and enhancement of these assets and the duty in the Nature Conservation (Scotland) Act 2004 on public bodies to further the interests of biodiversity has also been included. The ending of paragraph 26 has been changed to take on board the points made above.
New paragraph 27 (part of old paragraph 26) - There should be reference to rural typologies and the increasing usefulness of landscape capacity studies.
Scottish Executive response
A new sentence has been added to the end of the paragraph to clarify that, in conjunction with rural typologies, landscape capacity studies are an increasingly useful tool in developing positive policies.
New paragraph 29 - There should be a separate section on national parks and there should be greater recognition of their aims.
Scottish Executive response
This new paragraph has been added to consolidate the references to national parks. It clarifies the relationship between the SPP's objectives and those of the National Parks.
Paragraph 30 (old paragraph 28) - There is need for a bit more detail on some of the social issues affecting some rural areas.
Scottish Executive response
A new sentence has been added to clarify that some of the types of areas identified as in urgent need of environmental improvement and economic stimulation are often characterised by areas of social housing where relative isolation presents additional problems for low-income tenants.
Paragraph 31 (old paragraph 29) - The types of funding regimes available for enhancement should be identified. The role of trees as a mitigators of visual impact was welcomed and would like to see this given more emphasis eg woodlands created in association with new developments can bring recreation and biodiversity benefits.
Scottish Executive response
Examples of funding regimes - urban regeneration, Lottery Fund and European Community initiatives - have been clarified in the SPP. The SPP has also been amended to recognise that woodlands created in association with new developments can bring recreation and biodiversity benefits.
Paragraph 36 - It should be made clear that this is the "community" right to buy.
Scottish Executive response
This has been clarified so that there is no confusion with the right to buy public sector housing.
Paragraph 38 (old paragraph 36) - There is a need to emphasise the links with other stakeholders' strategies.
Scottish Executive response
It is recognised that stakeholders will have their own strategies and objectives for rural areas and the SPP has been amended to highlight to planning authorities that they should consult these stakeholders when they are preparing development plans.
ENQUIRIES
Enquiries about the consultation process or the contents of this report should be addressed to John O'Brien, the Scottish Executive, Development Department, Planning Division 1, Victoria Quay, Edinburgh EH6 6QQ. Alternatively, please phone 0131 244 7061 or e-mail john.o'brien@scotland.gsi.gov.uk.
Annex A: Core and Sounding Group
Core Group:
Susan Love, Federation of Small Businesses
Peter Rawcliffe, Scottish Natural Heritage
David Fyffe, Netherton Business Centre
Janet Beveridge, Gartlea Farm
Maggie Bochel, The Highland Council
Sheila Scobie, SE, Environment and Rural Affairs Department, Rural Policy
Ian Duncan, SE, Development Department, Planning Division
John O'Brien, SE, Development Department, Planning Division
Tom Hardie, SE, Development Department, Planning Division
Katrina Burns, SE Development Department, Planning Division (Secretary to both Groups)
Sounding Group:
Ian Kenny, Royal Bank of Scotland
Andrew Bradford, Scottish Rural Property & Business Association
Sandy Lonie, Scottish Water
Neil Deasley, Scottish Environmental Protection Agency
Craig Flunkert, Communities Scotland
Blair Melville, Homes for Scotland
Douglas Murray, Association of Scottish Community Councils
Charles Strang, ruralScotland
Hamish Trench, Bidwells
Andrew Macfarlane, National Farmers Union Scotland
Hillard Anderson, Dumfries & Galloway Council
Fraser Mackenzie, Hi-wide
Bob Darracott, South Lanarkshire Council
Alastair Nicolson, Highlands & Islands Enterprise
James Ogilvie, Forestry Commission Scotland
Ken Abernethy, Argyll & Bute LEC
Stuart Hay, Scottish Environment Link
Henry Snedden, SE, Environment and Rural Affairs Department
Kester Gibson, SE, Development Department, Planning Division
Derek Muir, SE, Environment and Rural Affairs Department
George Davidson, SE, Enterprise, Transport and Lifelong Learning Department
Roger Harris, SE, Development Department, Housing Division
Joanna Russell, Countryside Agency
Annex B: Who Responded
A & J Stephen Ltd
Aberdeenshire Council
Angus Council
Argyll & Bute Council
Association of Builders & Developers
Aylott, David
Ayrshire Joint Structure Plan and Transportation Committee
Beebe Planning
Birley, Tim
Birse Community Trust
Bourne Leisure
Bridle, Jaime
British Wind Energy Association
Broughty Ferry Community Council
BT Scotland
Cairngorms National Park Authority
Caledonian Retreats
City of Edinburgh Council
Clackmannanshire Council
Comhairie Nan Eilean Siar
Communities Scotland
Crofters Commission
Crown Castle UK Ltd
Downie, Ian
Dumfries & Galloway Council
Dundee City Council
East Ayrshire Council
East Lothian Council
East Renfrewshire Council
Elphinstone Group Ltd
Falkirk Council
Federation of Small Businesses in Scotland
Fife Council
Forestry Commission Scotland
Forestry Timber Association
Formatine Partnership
Haddo Estate
Hall, Stephen
Helensburgh Green Belt Group
Highland Council
Highland Perthshire Communities Partnership
Highlands & Islands Enterprise
Historic Scotland
Homes for Scotland
Langley-Taylor
Linlathen Developments
Loch Lomond and the Trossachs National Park Authority
Midlothian Council
Moray Council
Muckhart Community Council
National Farmers Union Scotland
Nicol, Malcolm
North Ayrshire Council
North Knapdale Community Council
North Lanarkshire Council
Orkney Islands Council
Perth & Kinross Council
Quarry Products Association Scotland
Registers of Scotland
Reid, Ron
Renfrewshire Council
Royal Fine art Commission for Scotland/Future Scotland
Royal Institute of Chartered Surveyors Scotland
Royal Society for the Protection of Birds
Rural Housing Service
Satsangi, Madhu
Scottish Borders Council
Scottish Council for National Parks
Scottish Countryside Alliance
Scottish Enterprise
Scottish Environment Protection Agency
Scottish Federation of Housing Associations
Scottish Housing & Planning Council
Scottish Natural Heritage
Scottish Power
Scottish Renewables
Scottish Rural Property and Business Association
Scottish Society of Directors of Planning
Scottish Wildlife Trust
Shawater Limited
Shetland Islands Council
Smiths Gore
South Ayrshire Council
South Lanarkshire Council
Southern Uplands Partnership
SportScotland
St Andrews University
Stewart, John R D
Stirling Council
Strategic Rail Authority
Tarves Community Council
The Garden History Society in Scotland
The Glasgow and Clyde Valley Structure Plan Joint Committee
The National Trust for Scotland
Tighmor Ltd
Tulloch, Margaret
VisitScotland
West Dunbartonshire Council
West Lothian Council
Woodhouse, David
Yembrem Limited