Item6AAGuidanceAppendix4DeveloperObligationsResponses

CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 Appendix 4 25/03/2022

AGENDA ITEM 6

APPENDIX 4

DEVELOPER OBLIG­A­TIONS STAT­UTORY GUIDANCE

TABLE OF CON­SULTA­TION POINTS RAISED AND CNPA RESPONSE

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CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 Appendix 4 25/03/2022 Appendix 4 – Developer Oblig­a­tions sup­ple­ment­ary guid­ance con­sulta­tion: points raised and CNPA response Con­sulta­tion 5^th Octo­ber 2021 19^th Novem­ber 2021

Respon­der ID	Response / point(s) raised	CNPA response to points raised
NatureScot	Agree with over­all approach. They note the inclu­sion of ​‘e) mit­ig­a­tion of impacts on nat­ur­al her­it­age’ as per Policy 11: Developer Oblig­a­tions. How­ever, high­light that there is no fur­ther detail on this type of con­tri­bu­tion in the draft non-stat­utory guid­ance. In Table I on page 3, all types of con­tri­bu­tions lis­ted from Policy II have been included except ​‘mit­ig­a­tion of impacts on nat­ur­al her­it­age’. All rel­ev­ant issues from Policy II with­in this non-stat­utory guid­ance should be covered includ­ing advice on details of con­tri­bu­tions for mit­ig­a­tion of impacts on nat­ur­al her­it­age. It is sug­ges­ted that there should be ref­er­ence to the ​‘Nat­ur­al Her­it­age mit­ig­a­tion and com­pens­a­tion’ sec­tion on page 82 of Policy 11.	It is noted that ref­er­ence is not made to ​‘mit­ig­a­tion impacts on nat­ur­al her­it­age’ with­in the Sup­ple­ment­ary Guid­ance and the SG will be amended to reflect this. How­ever it is only in excep­tion­al cir­cum­stances that a fin­an­cial con­tri­bu­tion would be required towards nat­ur­al her­it­age as in the major­ity of cases, mit­ig­a­tion is required as a con­di­tion of the plan­ning applic­a­tion and is the dir­ect respons­ib­il­ity of the developer to deliver.
Kin­craig Com­munity Council	Quer­ies wheth­er it will help fam­il­ies who have lim­ited budgets by sug­gest­ing they can spend money (quer­ies how much addi­tion­al cost would that be) on get­ting an inde­pend­ent assessor to write a report say­ing they can­not afford the con­tri­bu­tion. Also quer­ied if there is a list of all con­tri­bu­tions received and where the money has been spent i.e what pro­jects have been built using the con­tri­bu­tions. Plan­ning per­mis­sion will only be gran­ted when the con­tri­bu­tion (between £4000 to £32,500) is paid will only hit those who are strug­gling most.	It is acknow­ledged that there may be viab­il­ity issues, par­tic­u­larly for indi­vidu­als under­tak­ing self-build pro­jects and some single houses. In rela­tion to the afford­able hous­ing con­tri­bu­tion (which this response appears to relate), the Afford­able Hous­ing Sup­ple­ment­ary Guid­ance will set out that the con­struc­tion of single dwell­ings them­selves may ful­fil the role of an afford­able home and sets out mar­ket val­ues with­in which the con­tri­bu­tion would not be required. In addi­tion, amend­ments to the Afford­able Hous­ing Sup­ple­ment­ary Guid­ance are being made to reduce the con­tri­bu­tion required for a single house.

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Respon­der ID	Response / point(s) raised	CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 Appendix 4 25/03/2022 CNPA response to points raised
Aber­deen­shire Council	High­lights spe­cif­ic require­ments for Bal­later (All hous­ing devel­op­ments should include 45% afford­able housing/​Con­tri­bu­tions required towards Aboyne Academy & Bal­later Med­ic­al Prac­tice), Brae­mar (All hous­ing devel­op­ments should include 45% afford­able housing/​Con­tri­bu­tions required towards Aboyne Academy & Brae­mar Med­ic­al Prac­tice). In respect of Edu­ca­tion, the SG refers to need for ​“major” exten­sions. The appro­pri­ate­ness of using the ​“major” is ques­tioned as the size of exten­sion will be dic­tated by level of mit­ig­a­tion required so should only refer to an exten­sion. In addi­tion, rezon­ing can also be mit­ig­a­tion so should be included. They also note that health care con­tri­bu­tions should also cov­er digit­al infra­struc­ture and provide detailed com­ment on viab­il­ity assessment.	The LDP con­tri­bu­tions high­lighted are noted and agreed. In terms of Edu­ca­tion and the use of a ​‘major’ exten­sion, the full word­ing used is for an ​‘addi­tion­al classrooms and / or a major exten­sion’. It seeks to cov­er the require­ment for an exten­sion of vary­ing scale and there­fore is con­sidered appro­pri­ate. In addi­tion, it should be noted that this is high­lighted as an example of what con­tri­bu­tions may be required towards (and are not lim­ited to). It is how­ever acknow­ledged that rezon­ing may provide a suit­able mit­ig­a­tion meas­ure, how­ever this may not be the case for all author­it­ies with­in the Nation­al Park. In terms of Health­care, it is con­sidered that health­care con­tri­bu­tions could cov­er digit­al infra­struc­ture as part of the expan­sion, re-organ­isa­tion or devel­op­ment of a med­ic­al facil­ity how­ever it is not con­sidered neces­sary to state this expli­citly as it forms part of a wider devel­op­ment pro­pos­al. The com­ments in respect of the latest guid­ance on viab­il­ity are noted and the SG will be updated to reflect these points.

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Respon­der ID	Response / point(s) raised	CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 Appendix 4 25/03/2022 CNPA response to points raised
Perth & Kinross Council	High­light that the Draft SG states on page 5 that ​“Com­mer­cial devel­op­ment pro­pos­als are exempt from health­care con­tri­bu­tions. How­ever, all oth­er devel­op­ments will be required to make a con­tri­bu­tion towards health­care”. This con­flicts with Table I provided on page 3 which also exempts ​“Small scale hous­ing (less than 4 units)” from Health­care con­tri­bu­tions. In terms of Health­care Infra­struc­ture, Perth and Kinross Coun­cil do not presently have an adop­ted con­tri­bu­tions meth­od­o­logy with­in Sup­ple­ment­ary Guid­ance. They are work­ing with NHS Tay­side to devel­op a con­tri­bu­tions meth­od­o­logy for health­care infra­struc­ture for inclu­sion in future Sup­ple­ment­ary Guid­ance for the next LDP and wel­come a joint-work­ing approach with plan­ning author­it­ies in the health board area to agree a sound approach which can be applied con­sist­ently to sup­port NHS Tay­side health­care provision.	This incon­sist­ency is noted the word­ing will be updated to state that ​‘Some devel­op­ment pro­pos­als includ­ing com­mer­cial and small scale hous­ing will be exempt from health­care con­tri­bu­tions’. CNPA recog­nises that PKC does not have an adop­ted meth­od­o­logy, spe­cific­ally for health­care. CNPA will con­sult the rel­ev­ant LA / health boards where rel­ev­ant pro­pos­als could impact on healthcare.
RSPB	Agree with the over­all approach to provide guid­ance to help assess­ment of plan­ning applic­a­tions and identi­fy the con­tri­bu­tions that may be required to mit­ig­ate the impacts, how­ever, RSPB add that this approach should also extend to nat­ur­al her­it­age impacts.	Com­ments noted and agreed that ref­er­ence to nat­ur­al her­it­age impacts will be included with­in the Guidance.
Paths for All	We wel­come the approach to place­mak­ing — includ­ing ref­er­ence to walk­ing, access, act­ive travel, health, and inclu­sion. We wel­come the approach to trans­port and related infra­struc­ture con­tri­bu­tions — includ­ing ref­er­ence to act­ive travel pro­jects, and new multi-user paths that con­nect with the exist­ing net­work of paths.	Noted.
Scot­tish Government	The Scot­tish Gov­ern­ment SEA Gate­way team will con­tact the Author­ity sep­ar­ately to dis­cuss SEA require­ments. Developer Oblig­a­tions Sup­ple­ment­ary Guid­ance To note, the title of the doc­u­ment refers to the guid­ance being non-stat­utory, however,	This is stat­utory Sup­ple­ment­ary Guid­ance and ref­er­ence to non-stat­utory has been removed.

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Respon­der ID	Response / point(s) raised	CAIRNGORMS NATION­AL PARK AUTHOR­ITY Plan­ning Com­mit­tee Item 6 Appendix 4 25/03/2022 CNPA response to points raised
High­land Council	page I of the doc­u­ment refers to it being sup­ple­ment­ary guid­ance (stat­utory). Sug­gest this is cla­ri­fied on the doc­u­ment. Please note that the link on page 7 to our Developer Con­tri­bu­tions SG does not work although the text/​web address appears to be cor­rect, for the avoid­ance of doubt the web link is https://​www​.high​land​.gov​.uk/​d​i​r​e​c​t​o​r​y​_​r​e​c​o​r​d​/​7​1​2​0​8​7​/​d​e​v​elope r contributions	An updated link will be included with­in the final Sup­ple­ment­ary Guidance.

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