Adoption of Scottish planning policy in local development plans: research

3. Stage 1 - Desktop Findings

3.1 Introduction

3.1.1 Stage 1 consisted of a desk-based information gathering exercise involving Strategic and Local Development Plans and, where relevant, Supplementary Guidance. The exercise involved policies from 33 Local Authorities and the four Strategic Development Planning Authorities to ensure comprehensive coverage.

3.2 Development Plan Policy Baseline

3.2.1 In accordance with the project specification we established a robust baseline of development plan policies representative of existing policies across Scotland's adopted and emerging SDPs, LDPs and supplementary guidance.

3.2.2 The research involved reviewing policies from the following plans.

Table 3: Strategic Development Plans

No.	Strategic Area	Plan Reviewed
1	Aberdeen City and Shire	Proposed Plan, August 2018
2	Dundee, Perth, Angus and North Fife	Approved Plan, October 2017
3	Edinburgh and South East Scotland	Proposed Plan, October 2016
4	Glasgow and the Clyde Valley	Approved Plan, July 2017

Table 4: Local Development Plans

No.	Authority	Plan Reviewed
1	Aberdeen	Adopted Plan, April 2017
2	Aberdeenshire	Adopted Plan, January 2017
3	Angus	Adopted Plan, September 2016
4	Argyll & Bute	Adopted Plan, March 2015
5	Clackmannanshire	Adopted Plan, August 2015
6	Dumfries & Galloway	Proposed Plan, January 2018
7	Dundee	Adopted Plan, February 2019
8	East Ayrshire	Adopted Plan, February 2017
9	East Dunbartonshire	Adopted Plan, February 2017
10	East Lothian	Adopted Plan, September 2018
11	East Renfrewshire	Adopted Plan, June 2015
12	Edinburgh	Adopted Plan, November 2016
13	Falkirk	Proposed Plan, September 2018
14	Fife	Adopted Plan, September 2017
15	Glasgow	Adopted Plan, March 2017
16	Highland	Not Reviewed as LDP Postponed due to Planning Bill
17	Inverclyde	Proposed Plan, April 2018
18	Midlothian	Adopted Plan, November 2017
19	Moray	Adopted Plan, July 2015
20	North Ayrshire	Proposed Plan, April 2018
21	North Lanarkshire	Modified Proposed Plan, 2018
22	Orkney Islands	Adopted Plan, April 2017
23	Perth & Kinross	Proposed Plan, December 2017
24	Renfrewshire	Adopted Plan, August 2014
25	Scottish Borders	Adopted Plan, May 2016
26	Shetland Islands	Adopted Plan, September 2014
27	South Ayrshire	Adopted Plan, June 2014
28	South Lanarkshire	Proposed Plan, July 2018
29	Stirling	Adopted Plan, October 2018
30	West Dunbartonshire	Proposed Plan, September 2018
31	Western Isles	Adopted Plan, November 2018
32	West Lothian	Adopted Plan, September 2018
33	Cairngorm National Park	Adopted Plan, March 2015
34	Loch Lomond National Park	Adopted Plan, October 2017

3.3 Analysis of Development Plan Relationship to SPP

3.3.1 In accordance with the project specification we have analysed how well the range of topics/ themes covered in development plans relate to the existing policies and groupings in the current SPP. The results of our data collection exercise are set out below.

Principle Policy: Sustainability

3.3.2 The SPP Principle Policy on Sustainability notes that the planning system should support economically, environmentally and socially sustainable places by enabling development that balances the costs and benefits of a proposal over the longer term. The aim is to achieve the right development in the right place; it is not to allow development at any cost.

3.3.3 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to the SPP Principle Policy on Sustainability. Due to the broad nature of the Principal Policy, a number of the pertinent points within the Sustainability Principle Policy are repeated and further expanded upon within the Subject Policies. Most of the pertinent points are reflected in standalone LDP policies and therefore the theme of Sustainability runs throughout the majority of LDP policies.

3.3.4 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contain policies which relate to the SPP Principle Policy on Sustainability.

Principle Policy: Placemaking

3.3.5 The SPP Principle Policy on Placemaking notes that planning should take every opportunity to create high quality places by taking a design-led approach. This means taking a holistic approach that responds to and enhances the existing place while balancing the costs and benefits of potential opportunities over the long term. The SPP also notes that the relationship between a successful, sustainable place, a natural, resilient place, a connected place and a low carbon place should be considered.

3.3.6 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to the SPP Principle Policy on Placemaking. It is covered through a range of place making and design related policies throughout each LDP. In addition to reflecting the pertinent points from the Principle Policy, the research found that the LDP policies often reference Designing Streets and/or Creating Places policy statements.

3.3.7 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contain policies which relate to the SPP Principle Policy on Placemaking.

Subject Policy: Promoting Town Centres

3.3.8 The SPP Subject Policy on Promoting Town Centres notes that the planning system should apply a town centre first policy when planning for uses which attract significant numbers of people, including retail and commercial leisure, offices, community and cultural facilities. It also notes that a mix of uses in town centres should be encouraged to support their vibrancy, vitality and viability throughout the day and into the evening.

3.3.9 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to the SPP Subject Policy on Promoting Town Centres.

3.3.10 Following a review of the detail of each policy the research finds that SPP detailed requirements with respect to the following are being widely adopted within LDPs:

• Plans should identify a network of centres and explain how they can complement each other (taken forward by 33 authorities).
• Plans should adopt a sequential town centre first approach (taken forward by 32 authorities).

3.3.11 The following detailed requirements set out within SPP were less consistently incorporated:

• Development over 2,500 m 2 should provide a town centre impact assessment or retail impact analysis (taken forward by 16 authorities).
• Local authorities should conduct regular town centre health checks (min. every 2 years) (taken forward by 15 authorities).
• Plans should aim to avoid clustering non-retail uses in town centres (taken forward by 9 authorities).

3.3.12 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contained policies which related to the SPP Subject Policy on Promoting Town Centres.

Subject Policy: Promoting Rural Development

3.3.13 The SPP Subject Policy on Promoting Rural Development notes that the planning system should promote a pattern of development that is appropriate to the character of the particular rural area and the challenges it faces. It also notes that planning should encourage rural development that supports prosperous and sustainable communities and businesses whilst protecting and enhancing environmental quality; and supporting an integrated approach to coastal planning.

3.3.14 Of the 33 Local Development Plans reviewed it was noted that the majority (28) contain policies which relate to the SPP Subject Policy Promoting Rural Development. This is due to most planning authority areas in Scotland having a rural element and, in line with this, the majority of those LDPs not making reference to the Subject Policy are urban planning authority areas. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• Promotes economic activity and diversification including tourism, forestry, farm diversification, aquaculture, renewable energy (taken forward by 27 authorities).
• Makes provision for housing in rural areas in accordance with the spatial strategy, taking account of the different development needs of local communities (taken forward by 26 authorities).
• Support an integrated approach to coastal planning (taken forward by 20 authorities).

3.3.15 The following detailed requirements set out within SPP were more difficult to identify within LDPs, suggesting they are not being consistently incorporated:

• Protect against car-based commuting and the suburbanisation of the countryside (taken forward by 13 authorities).
• Set out policies and proposals for leisure accommodation, such as holiday units, caravans, and huts, where appropriate (taken forward by 10 authorities, 6 policies referring to huts and 4 policies referring to caravans).
• Promote understanding and enjoyment of the special qualities of the area by the public (taken forward by 9 authorities).
• Development requiring new defences against coastal erosion should be refused unless clear justification to depart from general policy to avoid expanding areas at risk (taken forward by 7 authorities).

3.3.16 Of the 4 Strategic Development Plans reviewed it was noted that 3 contain policies which relate to the SPP Subject Policy on Promoting Rural Development.

Subject Policy: Supporting Business and Employment

3.3.17 The SPP Subject Policy on Supporting Business and Employment notes that the planning system should promote business and industrial development that increases economic activity while safeguarding and enhancing the natural and built environments as national assets. It also notes that planning should allocate sites that meet the diverse needs of different sectors and scales of business which are important to the plan area in a way which is flexible enough to accommodate changing circumstances and allow the realisation of new opportunities, whilst giving due weight to net economic benefit of proposed development.

3.3.18 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to Business and Employment. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• LDPs should align with relevant local economic strategies and recognise key sectors for growth in Scotland (taken forward by 31 authorities).
• LDPs should support integrating energy efficiency and waste innovations within business environments (taken forward by 31 authorities).
• LDPs should be informed by Tourism Development Framework and encourage tourism and recreation facilities (taken forward by 25 authorities).

3.3.19 The following detailed requirements set out within SPP were more difficult to identify within the LDPs, suggesting they are not being consistently incorporated:

• LDPs should encourage home-working, live work unit, micro businesses and community hubs (taken forward by 12 authorities).
• LDPs should locate development which generates significant freight movements at appropriate and accessible locations (taken forward by 18 authorities).
• Business land audits should be undertaken and should inform LDPs (noted by 2 authorities).

3.3.20 Of the 4 Strategic Development Plans reviewed it was noted that 4 contain policies which relate to the SPP Subject Policy on Supporting Business and Employment.

Subject Policy: Enabling Delivery of New Homes

3.3.21 The SPP Subject Policy on Enabling Delivery of New Homes notes that the planning system should identify a generous supply of land for each housing market area. It also notes that planning should enable provision of a range of attractive, well-designed, energy efficient, good quality housing, contributing to the creation of successful and sustainable places.

3.3.22 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to Housing. The detail of these policies was analysed to understand how well the requirements of the SPP Housing Subject Policy was covered.

3.3.23 SPP requires plans to be informed by a robust Housing Need and Demand Assessment (HNDA). Of the 33 Local Development Plans reviewed, all 33 state that the housing supply targets noted are based on a HNDA. A number of LDPs falling within a Strategic Development Planning Authority have referred to the strategic HNDA undertaken.

3.3.24 SPP's requirement for LDPs to maintain a minimum of 5-year effective land supply at all times has been noted by 32 authorities. City of Edinburgh Council LDP (2016) noted a shortfall in the effective housing supply to 2019 and potential on-going difficulties in maintaining a 5-year land supply.

3.3.25 SPP's requirement for LDPs to clearly set out the scale and distribution of the affordable housing requirement for their area has been taken forward by all 33 local authorities. A number of these provide the detailed requirements within Supplementary Guidance.

3.3.26 SPP notes that local authorities are required to consider the need for specialist provision that covers accessible and adapted housing, wheelchair housing and supported accommodation, including care homes and sheltered housing. This is brought forward in policy terms within 15 LDPs.

3.3.27 SPP's requirement for LDPs to allocate sites for Gypsy/Travellers, where there is a need, has been taken forward by 24 authorities. A number of these have noted that they have worked with neighbouring authorities to identify sites e.g. Midlothian and East Lothian

3.3.28 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contain policies which relate to the SPP Subject Policy on Housing.

Subject Policy: Valuing the Historic Environment

3.3.29 The SPP Subject Policy on Valuing the Historic Environment notes that the planning system should promote the care and protection of the designated and non-designated historic environment and its contribution to sense of place, cultural identity, social well-being, economic growth, civic participation and lifelong learning. It also notes that positive change in the historic environment should be enabled to ensure future use.

3.3.30 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to the Subject Policy on Valuing the Historic Environment. Following a review of the detail of each policy, it was evident that all LDP's provided a framework for protecting and enhancing all elements of the historic environment, as required by SPP.

3.3.31 The following aspects of the historic environment are noted within SPP - Listed Buildings, Conservation Areas, Scheduled Monuments, Gardens & Designed Landscapes and Archaeology. The inclusion of standalone policies or reference to these elements was noted in all 33 LDPs reviewed.

3.3.32 Less consistently referenced was Historic Marine Protected Areas (noted by 5 authorities) and World Heritage Sites (noted by 11 authorities).

3.3.33 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contained policies which related to the SPP Subject Policy on Valuing the Historic Environment.

Subject Policy: Delivering Heat and Electricity

3.3.34 The SPP Subject Policy on Delivering Heat and Electricity notes that the planning system should support the transformational change to a low carbon economy, consistent with national objectives and targets. SPP specifically notes that development plans should seek to ensure an area's full potential for electricity and heat from renewable sources is achieved in line with climate change targets, giving due regard to relevant environmental, community and cumulative impact considerations.

3.3.35 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to the SPP Subject Policy on Delivering Heat and Electricity. SPP gives further detail on heat, onshore wind and other renewable electricity generating technologies and storage. A number of authorities have included standalone policies with regard to these elements whereas some have included one catch-all renewable energy policy.

3.3.36 Following a review of the detail of each policy, it was identified that the detailed requirements in SPP are being consistently incorporated within LDPs:

• LDPs should identify appropriate areas for onshore wind farms and the minimum scale (taken forward by 33 authorities).
• LDPs should identify areas capable of accommodating other renewable electricity projects including hydro-electricity (taken forward by 32 authorities).
• LDPs should support the development of heat networks in as many locations as possible (taken forward by 27 authorities).
• LDPs should use heat mapping to identify the potential for co-locating developments with a high heat demand with sources of heat supply (taken forward by 22 authorities).

3.3.37 The following detailed requirements set out within SPP were less consistently incorporated within the LDPs:

• Microgeneration and heat recovery technologies should be encouraged in individual cases (taken forward by 16 authorities).
• Proposals to repower existing wind farms in suitable sites would help enhance capacity (taken forward by 8 authorities).

3.3.38 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contain policies which relate to the SPP Subject Policy on Delivering Heat and Electricity.

Subject Policy: Planning for Zero Waste

3.3.39 The SPP Subject Policy on Planning for Zero Waste notes that the planning system should support achievement of Scotland's zero waste targets and help deliver infrastructure at appropriate locations, prioritising development in line with the waste hierarchy. It also notes that developments that minimise the unnecessary use of primary materials and promote efficient use of secondary materials should be promoted.

3.3.40 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to Waste. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• Plans should reflect the aims of the Zero Waste Plan and promote the waste hierarchy (taken forward by 31 authorities).
• Plans should promote resource efficiency and the minimisation of waste during construction and operation of new developments (taken forward by 24 authorities).
• Plans should safeguard existing waste management installations and allocation of land on adjacent sites (taken forward by 31 authorities).
• Plans should support the provision of a network of infrastructure that allows waste and secondary resources to be managed in one of the nearest appropriate installations (taken forward by 24 authorities).

3.3.41 The following detailed requirements set out within SPP were more difficult to identify within the LDPs, suggesting they are not being consistently incorporated:

• Plans should enable investment opportunities in a range of technologies and industries to maximise the value of secondary resources and waste to the economy.
• Sites identified specifically for energy from waste facilities should enable links to be made to potential users of renewable heat and energy.

3.3.42 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contain policies which relate to the Subject Policy on Planning for Zero Waste.

Subject Policy: Valuing the Natural Environment

3.3.43 The SPP Subject Policy on Valuing the Natural Environment notes that the planning system should facilitate positive change while maintaining and enhancing distinctive landscape character. It notes a number of points around the conservation and enhancement of protected sites and species, the water environment, soils and woodland.

3.3.44 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to the SPP Subject Policy on Valuing the Natural Environment. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• International, national and locally designated areas and sites should be identified and afforded the appropriate level of protection in development plans (taken forward by 33 authorities).
• Natura 2000 Sites/ Ramsar Sites - Development may only be approved if the authority has ascertained that there will be no adverse effect on the integrity of the site (taken forward by 32 authorities).
• The objectives of national designations and the overall integrity of the area will not be compromised (taken forward by 33 authorities).
• The presence of protected species is an important consideration in decisions on planning applications (taken forward by 33 authorities).
• Plans should identify woodlands of high nature conservation value and include policies for protecting and enhancing them (taken forward by 33 authorities).

3.3.45 Less consistently identified within the LDPs, suggesting it is not being consistently incorporated, was the requirement that plans should address the potential effects of major-accident hazard sites on the natural environment – noted within 10 LDPs.

3.3.46 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contain policies which relate to the Subject Policy on Valuing the Natural Environment.

Subject Policy: Maximising the Benefits of Green Infrastructure

3.3.47 The SPP Subject Policy on Maximising the Benefits of Green Infrastructure notes that the planning system should protect, enhance and promote green infrastructure, including open space and green networks, as an integral component of successful placemaking.

3.3.48 Of the 33 Local Development Plans reviewed it was noted that all 33 contain policies which relate to the SPP Subject Policy on Maximising the Benefits of Green Infrastructure. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• Plans should be informed by relevant, up-to-date audits, strategies and action plans (taken forward by 23 authorities).
• LDPs should protect open space identified in the strategy /audit (taken forward by 32 authorities).
• LDPs should identify sites for new sports, recreation or play facilities (taken forward by 31 authorities).
• Plans should safeguard existing and potential allotment sites (taken forward by 26 authorities).
• Plans should safeguard access rights and core paths (taken forward by 31 authorities).

3.3.49 The following detailed requirements set out within SPP were less consistently incorporated within the LDPs:

• Promote the creation of new green infrastructure through a design-led approach (taken forward by 16 authorities).
• Plans should encourage the temporary use of unused or underused land as green infrastructure (taken forward by 13 authorities).

3.3.50 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contain policies which relate to the SPP Subject Policy on Maximising the Benefits of Green Infrastructure.

Subject Policy: Promoting Responsible Extraction of Resources

3.3.51 The SPP Subject Policy on Promoting Responsible Extraction of Resources notes that the planning system should recognise the benefit of ensuring an adequate and steady supply of minerals. It also notes that workable resources should be safeguarded and that the impacts of extraction on local communities, the environment and the built and natural heritage should be minimised.

3.3.52 Of the 33 Local Development Plans reviewed it was noted that 31 contain policies which relate to the SPP Subject Policy on Promoting Responsible Extraction of Resources. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• LDPs should safeguard all workable mineral resources which are of economic or conservation value and ensure that these are not sterilised by other development (taken forward by 28 authorities).

• Plans should set out the factors that specific proposals will need to address (taken forward by 25 authorities).
• Policies should protect areas of peatland and only permit commercial extraction in areas where the conservation value is low and restoration is impossible (taken forward by 29 authorities).

3.3.53 The following detailed requirements set out within SPP were less consistently incorporated within the LDPs:

• Plans should support the maintenance of a landbank of permitted reserves for construction aggregates of at least 10 years at all times in all market areas through the identification of areas of search (taken forward by 15 authorities).
• LDPs should identify areas of search where surface coal extraction is most likely to be acceptable during the plan period and set out the preferred programme for the development of other safeguarded areas beyond the plan period (taken forward by 14 authorities).

3.3.54 SPP sets out a number of requirements for LDP Areas covered by a Petroleum Exploration & Development Licence (PEDL). This was taken forward by 7 authorities.

3.3.55 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contained policies which related to the SPP Subject Policy on Promoting Responsible Extraction of Resources.

Subject Policy: Supporting Aquaculture

3.3.56 The SPP Subject Policy on Supporting Aquaculture notes that the planning system should play a supporting role in the sustainable growth of the finfish and shellfish sectors to ensure that the aquaculture industry is diverse, competitive and economically viable. It also notes that development should be guided to coastal locations that best suit industry and that a presumption against further marine finfish farm developments on the north and east coasts should be maintained to safeguard migratory fish species.

3.3.57 Of the 33 Local Development Plans reviewed it was noted that 18 contained policies which related to the SPP Subject Policy on Supporting Aquaculture. Policies on Supporting Aquaculture have only been included where considered relevant i.e. those coastal local authorities.

3.3.58 Following a review of the detail of each policy, it has been noted that the detailed requirements of SPP have not been consistently incorporated:

• Local development plans should make positive provision for aquaculture developments (taken forward by 9 authorities).
• Plans should also set out the issues that will be considered (taken forward by 10 authorities).
• Marine Scotland's locational policies should be considered when identifying suitable areas (taken forward by 8 authorities).

3.3.59 Of the 4 Strategic Development Plans reviewed it was noted that 3 contained policies which related to the SPP Principle Policy on Supporting Aquaculture.

Subject Policy: Managing Flood Risk and Drainage

3.3.60 The SPP Subject Policy on Managing Flood Risk and Drainage notes that the planning system should promote a precautionary approach to flood risk from all sources, taking account of the predicted effects of climate change. It also notes the promotion of flood avoidance/reduction and the avoidance of increased surface water flooding through requirements for Sustainable Drainage Systems.

3.3.61 Of the 33 Local Development Plans reviewed it was noted that all 33 contained policies which related to the SPP Subject Policy on Managing Flood Risk and Drainage. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• Local development plans should protect land with the potential to contribute to managing flood risk (taken forward by 33 authorities).
• LDPs should use the SPP flood risk framework to guide development (taken forward by 29 authorities).
• Infrastructure and buildings should generally be designed to be free from surface water flooding in rainfall events where the annual probability of occurrence is greater than 0.5% (1:200 years) (taken forward by 31 authorities).
• Surface water drainage measures should have a neutral or better effect on the risk of flooding both on and off the site, taking account of rain falling on the site and run-off from adjacent areas (taken forward by 32 authorities)

3.3.62 Of the 4 Strategic Development Plans reviewed it was noted that all 4 contained policies which related to the SPP Principle Policy on Managing Flood Risk and Drainage.

Subject Policy: Promoting Sustainable Transport and Active Travel

3.3.63 The SPP Subject Policy on Promoting Sustainable Transport and Active Travel notes that the planning system should support patterns of development that reduce the need to travel and provide safe and convenient opportunities for walking and cycling. It also notes that the use of existing infrastructure should be optimised and travel by public transport facilitated.

3.3.64 Of the 33 Local Development Plans reviewed it was noted that all 33 contained policies which related to the SPP Policy on Promoting Sustainable Transport and Active Travel. Following a review of the detail of each policy, it has been noted that the following detailed requirements set out within SPP are being consistently incorporated within LDPs:

• Promote opportunities for travel by more sustainable modes in the following order of priority: walking, cycling, public transport, cars (taken forward by 33 authorities).
• Identify any required new transport infrastructure or public transport services, including cycle and pedestrian routes, trunk road and rail infrastructure (taken forward by 33 authorities).
• Cycle routes, cycle parking and storage should be safeguarded and enhanced (taken forward by 31 authorities).
• Set out how contributions can be provided where public transport is required to serve a development (taken forward by 26 authorities).

3.3.65 The following detailed requirements set out within SPP were less frequently incorporated within the LDPs:

• Disused railway lines with a reasonable prospect of being reused as rail, tram, bus rapid transit or active travel routes should be safeguarded in development plans (taken forward by 18 authorities).
• Electric vehicle charge points should be considered where appropriate (taken forward by 18 authorities)
• Strategic freight sites should be safeguarded in development plans (taken forward by 15 authorities).
• LDPs should safeguard canals which can contribute to sustainable economic growth through sensitive development and regeneration (taken forward by 10 authorities).

3.3.66 Of the 4 Strategic Development Plans reviewed it was noted that 4 contained policies which related to the SPP Principle Policy on Promoting Sustainable Transport and Active Travel.

Subject Policy: Supporting Digital Connectivity

3.3.67 The SPP Subject Policy on Supporting Digital Connectivity notes that the planning system should support development which helps deliver the Scottish Government's commitment to world-class digital connectivity. It also notes the need for networks to evolve and respond to technology improvements/services and for the inclusion of digital infrastructure in new homes and business premises.

3.3.68 Of the 33 Local Development Plans reviewed it was noted that 31 contained policies which relate directly to digital infrastructure. Following a review of the detail of each policy, it has been noted that the detailed requirements set out within SPP are being consistently incorporated within LDPs:

• LDPs should reflect the infrastructure roll-out of digital communications development (taken forward by 33 authorities).
• Local development plans should provide a consistent basis for decision-making by setting out the criteria which will be applied when determining planning applications for communications equipment (taken forward by 28 authorities).
• Policies should encourage developers to explore opportunities for the provision of digital infrastructure to new homes and business premises as an integral part of development (taken forward by 25 authorities).
• The cumulative visual effects of equipment should be considered (taken forward by 27 authorities).

3.3.69 Of the 4 Strategic Development Plans reviewed it was noted that 3 contained policies or supporting text which relate to Supporting Digital Connectivity.

3.4 Identification of LDP Policy Variation from SPP

3.4.1 From the review of LDPs the following section highlights where SPP policies have been changed or adapted to meet local circumstances, including the identification of possible explanations. Variations identified are explored further at Stage 2.

Subject Policy - Promoting Town Centres

3.4.2 The following policies are examples of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances:

• Angus Policy TC18 (Core Retail Areas) states that development proposals seeking to change the use of existing ground floor retail premises will be acceptable where the proposed use is a restaurant/or at least 10% of units are vacant. SPP notes that town centres should display a diverse mix of uses and wider economic and social activity during the day and in the evening. Angus Council have quantified their policy, an adaptation of SPP to meet local circumstances.

• Angus Policy TC19 (Retail and Town Centre Uses) states that relevant assessments (retail/town centre impact and transport assessment) are required for developments exceeding 1000m2. This is a variation from SPP, that states development over 2,500 m2 should provide a town centre impact assessment or retail impact analysis. It is noted in SPP however that smaller retail and leisure proposals may provide a retail impact analysis, if the authority deems it necessary.

• Dumfries & Galloway Policy ED7 (Town Centre Accessibility) puts an emphasis on car parking in the town centre, noting the provision of additional car parking where required and ensuring proposals do not result in the loss of established parking. This is a variation on SPP, which notes the importance of promoting more sustainable patterns of transport and travel as part of the transition to a low carbon economy. This is likely due to the large rural catchment area that the town centre is serving and possible limited public transport offer.

• Perth & Kinross Policy 3 (Perth City) promotes the development of underutilised land and buildings to assist the delivery of social and environmental benefits identified in the Perth City Plan 2015-2035. This builds upon the point within SPP that town centres should 'create a sense of place and further the well-being of communities' by adding a specific local variation with regard to the aims of the Perth City Plan 2015-2035.

• West Dunbartonshire Clydebank Policy 2 (Kilbowie Retail Park and Clyde Retail Park) prohibits the subdivision of existing units and creation of units under 1,000 square metres to protect the viability of the town centre. SPP notes that proposals outwith town centres must not impact the viability of existing town centres. West Dunbartonshire Council have quantified their policy, an adaptation of SPP to meet local circumstances.

Subject Policy - Supporting Business and Employment

3.4.3 The following policies are examples of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances:

• Aberdeen Policy LR1 (Land Release Policy) identifies employment allocations for a ten-year period (2017-2026) and further safeguards additional employment allocations from 2027-2035. SPP notes that LDPs should allocate a range of sites for business, taking into account a number of factors yet no timescales are prescribed. Aberdeen City Council have quantified their policy, an adaptation of SPP to meet local circumstances.

• West Lothian Policy EMP 4 (Masterplan Requirements for Employment Sites) notes that proposals for those employment sites identified within the policy must be accompanied by a masterplan to support development. This is not a requirement of SPP and the subject policy has been adapted to ensure appropriate phasing and that piecemeal development is avoided.

• Loch Lomond National Park Authority (Economic Development Policy 3) safeguards land for economic purposes and will only be contravened if after twelve months of marketing there is not viable interest in the site. SPP notes that allocations should be flexible enough to accommodate changing circumstances, but Loch Lomond National Park Authority have quantified their policy, an adaptation of SPP to meet local circumstances.

Subject Policy - Enabling Delivery of New Homes

3.4.4 There were no policies identified where the Subject Policy has been changed or adapted with a local variation to meet local circumstances.

Subject Policy - Valuing the Historic Environment

3.4.5 The following policies are examples of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances:

• Aberdeen Policy D5 (Our Granite Heritage) refers to the retention and appropriate re use, conversion and adaptation of all granite features. SPP notes that LDPs should protect and enhance all elements of the historic environment. The policy complies with the pertinent points from the subject policy but as granite buildings are such a prominent landmark in the city, the inclusion of a policy specific to granite adapts the subject policy to meet local circumstances.
• Loch Lomond National Park Authority (Historic Environment Policy 5) refers to the sympathetic conversion and reuse of buildings of a local vernacular quality and local historic and/or architectural interest. SPP notes that LDPs should provide a framework for protecting and enhancing all elements of the historic environment. The policy builds upon the pertinent points in SPP but is more specific with reference to the conversion and re-use of redundant buildings, which may be due to the volume of unused buildings with the opportunity to be converted.

• West Dunbartonshire Dumbarton Policy 7 (Dumbarton Castle) supports proposals to enhance the visitor experience in principle but these should recognise, protect and where possible enhance the Dumbarton Rock and the setting of the castle. The policy complies with the pertinent points from the subject policy but as Dumbarton Castle/Rock is such a prominent landmark, the inclusion of a policy specific to this has been included to meet local circumstances.

Subject Policy - Delivering Heat and Electricity

3.4.6 The following policies are examples of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances:

• Aberdeenshire Policy PR2 (Protecting Important Development Sites) identifies development sites to be protected that include proposals for contribution to capturing and storing carbon and making use of heat generation. The policy identifies Peterhead power station but also other locations associated with the pipeline from the central belt to St Fergus. The policy notes that these sites will be protected, and alternative development will not be permitted. SPP notes that transformational change to a low carbon economy should be supported and LDPs should guide development to appropriate locations. The LDP policy complies with the pertinent points from the subject policy but the inclusion of a policy specifically identifying these sites has been included to meet local circumstances.

• Western Isles Policy PD4 (Zero and Low Carbon Buildings) notes that all applications for new buildings must demonstrate that the carbon dioxide emissions reduction target, as required by Scottish Building Standards, has been met; with at least 15% of this target being met through the use of low or zero carbon technology. Similarly, West Lothian Policy NRG 1a (Low and Zero Carbon Generating Technology) requires new buildings to demonstrate that at least 10% of the current carbon emission reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. A Low Carbon Place' is noted within SPP and broad targets are noted within the subject policy. These policies are in line with the pertinent points of SPP but additional detail has been added with regards to quantifying targets for carbon dioxide emissions associated with all new buildings.

Subject Policy - Planning for Zero Waste

3.4.7 The following policy is an example of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances:

• East Ayrshire Policy WM 5 (Further requirements for new Waste Management Facilities) sets out the detailed requirements necessary to accompany applications for new waste management facilities. This includes the setting up of Liaison Committees where appropriate and servicing any existing or proposed waste management development by rail if feasible. The policy goes beyond the pertinent points in SPP and has been included to meet local circumstances.

Subject Policy - Valuing the Natural Environment

3.4.8 The following policy is an example of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances:

• Loch Lomond National Park Authority (Natural Environment Policy 7) provide detail on the protection of geological conservation review sites. This is not a requirement of SPP and the subject policy has been adapted to protect these areas and discourage development which will have an adverse effect.

Subject Policy - Maximising the Benefits of Green Infrastructure

3.4.9 There were no policies identified where the Subject Policy has been changed or adapted with a local variation to meet local circumstances.

Subject Policy – Promoting Responsible Extraction of Resources

3.4.10 There were no policies identified where the Subject Policy has been changed or adapted with a local variation to meet local circumstances.

Subject Policy - Supporting Aquaculture

3.4.11 There were no policies identified where the Subject Policy has been changed or adapted with a local variation to meet local circumstances.

Subject Policy - Managing Flood Risk and Drainage

3.4.12 Through the review of SDPs and LDPs there was only a single example of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances. East Renfrewshire Council through Policy E4 (Flooding) introduce a presumption against development within water attenuation areas which are designed to reduce the incidence of flooding in other locations. It is assumed that the water attenuation areas referred to are SUDs facilities.

Subject Policy - Promoting Sustainable Transport and Active Travel

3.4.13 The following policies are examples of where the Subject Policy has been changed or adapted with a local variation to meet local circumstances:

• Shetland Policy TRANS2 (Inter-Island Links) states that the Council is committed to supporting and safeguarding Shetland's air services, ferry services and associated infrastructure noting that development proposals that prejudice the present or future operation of transport routes including fixed link approach routes and services will not be permitted. SPP notes that planning authorities and airport operators should work together to prepare airport masterplans and address other planning and transport issues relating to airports. With regard to ports SPP notes that planning authorities and port operators should work together to address the planning and transport needs of ports and opportunities for rail access should be safeguarded in development plans. Shetland Council however have been quite specific on ensuring that present or future air and sea transport routes are not prejudiced which is a variation of SPP reflecting the geographical nature of the locality.

• Dumfries & Galloway Policy ED7 (Town Centre Accessibility) puts an emphasis on car parking in the town centre, noting the provision of additional car parking where required and ensuring proposals do not result in the loss of established parking. This is a variation on SPP, which notes the importance of promoting more sustainable patterns of transport and travel as part of the transition to a low carbon economy. This is likely due to the large rural catchment area that the town centre is serving and limited public transport offer.

Subject Policy - Supporting Digital Connectivity

3.4.14 There were no policies identified where the Subject Policy has been changed or adapted with a local variation to meet local circumstances.

3.5 Identification of Frequent LDP Policies Not Covered in SPP

3.5.1 A number of policies appear frequently in Local Development Plans but are not covered directly within Scottish Planning Policy. The research identifies the following policy areas.

Developer Obligations

3.5.2 Developer Obligations pertaining to transport infrastructure and affordable housing are referred to within SPP. As required by SPP, LDPs consistently set out Developer Obligations on transportation and affordable housing.

3.5.3 The majority of the LDPs reviewed however also include a policy containing further guidance on the contribution required to ensure other development specific requirements are delivered including new and/or improved open space, education, community facilities and waste management infrastructure.

3.5.4 Of the 33 LDPs reviewed the majority contained policies specific to developer contributions with many referencing additional supplementary guidance. For example, Aberdeenshire's Policy RD2: Developers' Obligations stipulates that contributions are required for development concerning Transport, Local Transport Infrastructure, Open Space & Access, Primary Education, Community Facilities, Waste & recycling and Health Facilities – as set out in the relevant settlement statements.

Householder Development

3.5.5 Policies pertaining to Householder Development arose frequently throughout the LDPs reviewed, despite SPP providing no clear guidance on householder extensions and alterations.

3.5.6 The two principle policies Placemaking and Sustainability focus on a design led approach for development but do not go into detail with regard to extensions and alterations to existing residential buildings.

3.5.7 Of the 33 LDPs reviewed the majority contained policies specific to Householder Development including, for example, policies in Falkirk (Policy HC08 Residential Extensions and Alterations) and Angus (Policy TC4 Householder/Domestic Development).

Advertisements

3.5.8 Policies pertaining to the display of advertisements were noted frequently within the LDPs reviewed, despite not being noted specifically within SPP.

3.5.9 Of the 33 LDPs reviewed 14 contained policies specific to the display of advertisements, therefore providing a local policy basis to inform decision making. This includes policies in West Dunbartonshire (Policy ENV11 Advertisements) and Dumfries and Galloway (Policy ED15: Advertisements).

Cemeteries/Crematoria Provision

3.5.10 SPP does not provide a policy framework on the provision of cemeteries and crematoria although these were identified a number of times within LDPs. Of the 33 LDPs reviewed 3 contained policies specific to cemeteries/crematoria provision – Angus (Policy TC9: Safeguard of land for Cemetery Use), North Ayrshire (Policy 21: Cemetery Sites) and Scottish Borders (Policy IS14: Crematorium Provision). In addition to these, Perth and Kinross Council's Policy 41 on the Green Belt notes that cemetery provision constitutes essential infrastructure that may be permitted in the Green Belt where relevant criteria have been met.

Social, Community and Health Facilities

3.5.11 SPP supports the provision of community facilities in accessible locations (applying the town centre first approach) and in terms of improving general health and wellbeing.

3.5.12 Of the 33 LDPs reviewed 11 contained policies specific to provision of social, community and health facilities necessary within their locality. The majority of community facility policies were broad, although some were more specific with reference to health services such as Midlothian (Policy IMP4: Health Centres and Policy IMP5: Emergency Services) and East Lothian (Policy HSC1: Health Care Sites). The provision of health services is not explicitly referenced in SPP although the encouragement of facilities that will improve general health and wellbeing is noted.

3.5.13 Social, community and health facilities were also noted within a number of developer contribution policies e.g. Dumfries & Galloway (Policy OP3: Developer Contributions) and Clackmannanshire (SC9: Developer Contributions).

Contamination

3.5.14 Policies relating to contamination were noted frequently within LDPs, despite not being noted specifically within SPP. Of the 33 LDPs reviewed 9 contained policies specific to contamination. The polices largely aimed to remediate contaminated land and prevent new contamination, for example in Perth & Kinross Council (Policy 56: Contaminated Land), Inverclyde (Policy 16: Contaminated Land) and Dumfries and Galloway (Policy IN10: Contaminated and Unstable Land).

Pipeline and Hazard Consultation Zones

3.5.15 SPP provides policy on major-accident hazard sites however no reference is made to pipelines in SPP. A total of 9 of the 33 LDPs reviewed contain policy on pipelines including Aberdeen (Policy B6: Pipelines, Major Hazards and Explosives Storage Sites) and Angus (Policy PV21 Pipeline Consultation Zones.

Public Art

3.5.16 SPP does not provide policy on the provision of public art, yet policies relating to this topic have been noted frequently within LDPs, notably Dundee (Policy 2: Public Art Contribution), West Lothian (Policy 'ENV 34 Art and Development), Clackmannanshire (Policy SC9: Developer Contributions) and Fife (Policy 4: Planning Obligations).

Occasionally Occurring Policies

3.5.17 In addition to the above noted policies which appear frequently in LDPs but are not referenced in SPP there are also several policies which appear occasionally within LDPs but are not referenced in SPP as follows:

• Although brief reference is made to Houses in Multiple Occupation (HMO), SPP does not provide guidance for Student accommodation as this issue is only prevalent within specific planning authority areas. Dundee Council for example have included Policy 15 'Student Accommodation' to supply the growing demand generated by the student population which helps control and guide development to the correct location.
• Moray policy 'EP13 Ministry of Defence Safeguarding Areas' requires consultation with defence infrastructure organisation close to local MoD airfields.
• Shetland policy 'H8 Uninhabited Islands' does not support the repopulation of unhabituated islands and discourages housing development.
• South Lanarkshire policy 'DM20 Supporting Information' stipulates the information that is required to be submitted alongside a planning application to provide contextual information regarding the development.
• South Lanarkshire policy 'DM21 Legal Agreements' states that councils may require legal agreements to enforce conditions placed onto the applicant.
• South Lanarkshire policy 'DM23 Monitoring' puts priority on monitoring development which will likely have an adverse effect on the environment and neighbours.
• Stirling policy '2.15: Mobile Hot Food Outlets' sets out the requirements mobile outlets would have to adhere to and ensure that neighbouring amenity is protected.
• Moray policy 'IMP2 Development Impact Assessments' requires developers to submit (when applicable) an Environmental Impact Assessment, Transport Assessment, Retail Impact Assessment and other relevant studies.
• Moray policy 'IMP4 Development Plan Monitoring' calls for a 2-year monitoring period of the LDP action plan which includes an annual provision of a Housing Land Audit, Employment Land Audit. The policy also calls for a Town Centre Health Check every two years.
• Dundee policy '8: Visitor Accommodation' encourages high quality visitor accommodation within the city centre and central Broughty Ferry area.
• South Lanarkshire policy 'VET2 Visitor Accommodation' state that accommodation should be appropriate for the visitor demographic. Applicants must provide a business plan showing the need and viability of their proposal.