CAIRNGORMS NATIONAL PARK AUTHORITY Title: EXISTING STRUCTURE PLAN POLICIES AND OBJECTIVES WITHIN THE CAIRNGORMS NATIONAL PARK Prepared by: NORMAN BROCKIE, PLANNING OFFICER (Local Plan/Policy) Purpose This aim of this report is to assess the policies and objectives within the four existing structure plans, which may cause conflict with the proposed CNP Local Plan. The Highland, Morayshire, Aberdeenshire and Angus Structure Plans will be addressed in turn and problem areas highlighted; firstly with regard to their objectives and secondly their policies. While the CNP Park Plan will eventually provide the planning framework for the Local Plan, the existing structure plan frameworks must be addressed and ‘adopted/adapted’ as appropriate and relevant to the CNP’s area, aims and objectives. All of the structure plans are available for viewing on the relevant Local Authority website; we have a copy at the CNPA HQ which can be viewed within the office. Recommendations • The Board supports the intention to proceed with the development of a new CNP Local Plan, which will take cognisance of the existing structure plan frameworks and emerging Park Plan, but will create a local plan which is tailored to the specific aims and needs of the CNP area. Executive Summary The four existing structure plans are all less than 4 years old from adoption, and are therefore relatively up to date; Aberdeenshire and Angus have dated their structure plans as being in place until 2016. The proposed CNP Local Plan “must conform to the structure plan” according to section 37 of SPP1:The Planning System (Scottish Planning Policy). The proposed CNP Park Plan will “provide a strategic context for development plans” (section 30 of SPP1). What this basically means is that the Park Plan will provide the framework that structure plans previously provided, but that the existing structure plans should be adhered to as well, in as much as they are relevant to the Park area. Until the 4 existing structure plans are replaced they will still hold some level of statutory influence, although this will be lessened by degrees with the passage of time and, in particular, by the adoption of the CNP Park Plan, the CNP Local Plan and the introduction of CNPA Interim Planning Policies and/or Supplementary Guidance. The latter 4 would be important material considerations in the case of an inquiry, where the reporter would also have to take cognisance of the fact that the relevant structure plan was produced prior to the existence of the CNP and without recognition of its four aims. EXISTING STRUCTURE PLANS: OBJECTIVES 1. HIGHLAND Structure Plan was adopted in March 2001; its vision has 15 objectives, which are to maximise: a) Community empowerment and decision-making. b) The diversification of the regional and local economies. c) The quality and number of employment opportunities. d) Accessibility to and quality of housing. e) The safety, enjoyment and diversity of towns and villages. f) Standards of health for all. g) The effectiveness and efficiency of infrastructure provision. h) Accessibility to community facilities and services. i) Accessibility to education and training. j) The maintenance and enhancement of the cultural heritage, including landscape and Gaelic language. k) The quality of the built environment. l) Biodiversity. m) The optimal use of renewable and non-renewable resources. n) The efficiency of energy use. o) The quality of air, water and land. The Strategic Issues to be addressed are: a growing population, rural depopulation, an ageing population, housing needs, inequalities, access to services, economic structure, peripherality, transport pressures, integrated transport, other infrastructure services, new technology, culture and language, built heritage, natural heritage, agriculture, forestry, other primary resources and community decision-making. 2. MORAYSHIRE Development Plan (Structure and Local Plans combined) was adopted in April 2000; the plan has 4 main aims: a) Promote economic growth and development. b) Spread the benefits of economic growth across the community. c) Maintain and improve the natural and built environment. d) Underpin development by promoting sustainability. There are 8 strategic issues to be addressed: I) The provision of adequate land for development focussed on the existing settlement pattern. II) The securing and targeting of resources to promote economic development and employment opportunities. III) The securing of a modern transport and communications network. IV) The protection and conservation of the valued elements of the natural and built environment. V) The efficient use of energy related to and in the location of the development. VI) The sustainable use of natural resources. VII) The promotion of community planning and development. VIII) The promotion of well designed and located development in remoter rural areas. 3. ABERDEENSHIRE Structure Plan (NEST North East Scotland together, Aberdeen & Aberdeenshire Structure Plan 2001-2016) was adopted in June 2002; its vision has 3 principles: a) Responsible management of our natural, built and community resources. b) Fairness in allocation of these resources between competing demands. c) The need to benefit both existing and future generations. Each principle has 3 aims: a1) minimize the use of non-renewable resources and use renewable resources within their carrying capacity, minimising waste. a2) Work with nature, encouraging diversity and minimizing harmful environmental impact. a3) Foster quality and the unique cultural identity of the north-east. b1) Optimise the diversity of opportunity for and fair access to health, security and prosperity. b2) Recognise the interdependence of communities, each at its own scale, and the part each has to play. b3) Satisfy the needs of a competitive economy and viable community before individual wants. c1) Give long-term and global cumulative effects greater weighting than purely short-term and local effects. c2) Apply the precautionary principle. c3) Deal with all of the above together as a whole on behalf of everyone. The strategy has 11 objectives; 1-6 are strategic land-use, 7-11 are locational. Objective 1 To create a long-term sustainable framework of settlements in a hierarchy, which focuses major development on the main settlements in the North East. The roles of each type of settlement and area are set out in more detail in Table 1 and the Strategic Diagram (Figure 1). Objective 2 To integrate land use and transportation and ensure that development is well related to public transport, especially on the main communication corridors. Objective 3 To foster and promote economic diversity and competitiveness, create new economic development opportunities and develop the natural strengths and growth sectors of the business economy, all in accord with sustainable principles. Objective 4 To locate homes, jobs and services in scale with each other and with the role and function of each settlement. Objective 5 To protect, enhance and promote the natural, built and cultural heritage of the North East. Objective 6 To create a long-term framework for the communications network, giving preference to public and freight transport, cycling, walking and telecommunications. Locational Objectives Objective 7 To secure a choice of location for a viable supply and adequate variety of land for housing (including affordable housing), employment, services and open space, which: relates development to each settlement’s ability to accommodate it without loss of amenity or identity; ensures that the particular use or uses proposed for each site will maximise the overall sustainability of the community; gives preference to the use and re-use of sites within existing settlements; avoids development in areas at significant risk of flooding or near other major hazards; relates the density of development, when considered with adjoining land uses, to its proximity to services and the transport network; will help to regenerate poorer communities and areas. Objective 8 To protect and enhance the vitality of town centres as preferred locations for retail, leisure, community and business functions. Objective 9 To confirm the function and role of Aberdeen’s Green Belt. Objective 10 To protect the countryside from development other than what is needed for the rural economy and settlement strategy. Objective 11 To give special protection to international, national and locally designated sites of environmental importance, but also to foster the natural and built environment as a whole. 4. ANGUS (Dundee and Angus Structure Plan 2001-2016): This was adopted in October 2002; there are no definitive aims for the plan, but there are 10 general principles to underpin sustainable development within the area: I) Create the conditions for a vibrant and diverse economy providing increased and varied job opportunities. II) Integrate land-use and transport to improve accessibility for everyone between home, work, leisure and services with a view to maintaining air quality, reducing pollution and unnecessary travel. III) Promote urban renewal and community regeneration and address rural and urban disadvantage to assist reduction of poverty and inequality. IV) Provide for local housing need and ensure access to affordable housing. V) Give priority to the reuse of previously developed sites where appropriate. VI) Encourage the continued development and maintenance of viable and vital communities which support an appropriate range of facilities. VII) Promote environmentally sustainable use of existing and planned infrastructure and service capacity to support and facilitate development. VIII) Promote the use of renewable energy and resources, the efficient use of energy and the reuse, recovery and recycling of waste. 5. All of the aims/principles of the four existing structure plans are generally relevant to what the CNPA will be trying to achieve in its Local Plan; those which are area specific, such as Aberdeenshire Objectives 1 and 9, will have no relevance within the CNP and as such will not be used. EXISTING STRUCTURE PLANS: POLICIES 6. The following table looks at specific policies within the four structure plans which the CNP Local Plan may find problematic, with regard to the aims and objectives of the Park. Policy No. & Title Policy Content Reason for Conflict HIGHLAND Housing Policy H1 Housing Allocations for Areas 1998-2017; e.g. for the Local Plan zones within the Highland Council Area (not broken down by settlements). Badenoch & Strathspey is one of 8 such areas; allocations are given for the periods 1998-2007 and 2007-2017. We would expect to apply the work done by the Cairngorms Housing Forum (across the whole Park), combined with the Local Authorities’ Housing Strategy, to get a more specialised local perspective, as opposed to a regional distribution. Mineral Policies M1-M4 Mineral Resources: their extraction and protection. These policies give a positive (but conditioned) approach towards quarrying proposals, developments which are likely to be in conflict with the Park’s aims. Energy Policies E1-E4 Wind and Hydro Energy Scheme Developments. As above, the generally positive approach will be tempered within the CNP to apply more stringent environmental and landscape considerations. Environment Policy N1 Nature Conservation: in designated areas “develop- ments which would have an adverse effect on the conservation interests for which a site has been designated will only be permitted where there is no alternative solution and there are imperative reasons of over-riding public interest”. Within the Park we would (most likely) apply the Sandford Principle as a determining factor when in conflict with this type of policy; as with CNP Aim 1 when the 4 aims of the Park are in conflict with each other. MORAYSHIRE No conflicting policies ABERDEENSHIRE Housing Policy 8 Housing Allocations Jan.2000 to Dec.2005. This policy makes little allowance for the area within the Park, a mere 50 new houses for the whole Marr area (within which only a few settlements are within the Park). We would expect to apply the work done by the Cairngorms Housing Forum (across the whole Park), combined with the Local Authorities’ Housing Strategy, to get a more specialised local perspective. Housing Policy 9 Housing Allocations Jan.2006 to Dec.2010. As above, with 100 houses allocated for Marr. Housing Policy 12 House Building in the Countryside Beyond the Green Belt. The specifics within this policy (e.g. “Any such conversion must be within the building’s original structure..”) Such detailed policy may be considered overly restrictive within the CNP LP. Environmental Policy 19 Wildlife, Landscape and Land Resources: this policy (like Highland N1) could allow development within a designated area where the “over-riding public interest” and no feasible alternative factors could be applied. Within the Park we would (most likely) apply the Sandford Principle as a determining factor when in conflict with this type of policy; as with CNP Aim 1 when the 4 aims of the Park are in conflict with each other. Policy 26 4 Tier Policy Areas for Minerals, Landfill, Land Raise and Wind Farm Proposals. This policy allows for a sequential exploration of tiered planning designations, e.g. Ramsar Sites would be tier 1 and the most restrictive, NSA’s are tier 2, Areas of Landscape Significance are tier 3 and areas with no designations are tier 4, and therefore more suitable for development. This type of policy may be problematic as we may feel that within the Park there is no lower level of landscape designation where such developments would be more likely to get permission, but a general high level of landscape value, with environmental designations an additional consideration. ANGUS Environmental Resources Policy 1 Natural Heritage Designa- tions: as with Highland N1 and Aberdeenshire 19; this policy could allow development within a designated area where the Within the Park we would (most likely) apply the Sandford Principle as a determining factor when in conflict with this type of policy; as with CNP Aim 1 when the 4 aims of the Park are in conflict with each “over-riding public interest” and ‘no feasible alternative’ factors could be applied. other. Environmental Resources Policy 10 Renewable Energy: proposals for such will be favourably considered where the benefits and impacts can be suitably addressed. The CNP LP is likely to take a less supportive line with wind-farms and hydro-schemes; with the Sandford Principle likely to be applied when all the Park Aims are considered. 7. POLICY ISSUES. While there may be no policies which we would categorically disagree with, there are matters of wording and detail with which we may wish to amend. In the first instance such policies can be tackled by the introduction of Interim Policy or Supplementary Guidance, to be approved by CNPA following consultation. 8. LEGISLATION: The proposed CNP Local Plan “must conform to the structure plan” according to section 37 of SPP1: The Planning System (Scottish Planning Policy). The proposed CNP Park Plan will “provide a strategic context for development plans” section 30 of SPP1. What this basically means is that the Park Plan will provide the framework that structure plans previously provided, but that the existing structure plans should be adhered to as well, in as much as they are relevant to the Park area. Structure plans are proposed for abolishment in the 2005 Planning Bill, which will limit 2-tier development planning to the 4 city-regions of Glasgow, Edinburgh, Dundee and Aberdeen (which will have strategic and local development plans). For the rest of Scotland there will be a single-tier development plan system. Until the 4 existing structure plans are replaced they will still hold some level of statutory influence, although this will be lessened by degrees by the adoption of the CNP Park Plan, the CNP Local Plan and the introduction of CNPA Interim Planning Policies and Supplementary Guidance. The latter four documents would be important material considerations in the case of an inquiry, where the reporter would also have to take cognisance of the fact that the relevant structure plan was produced prior to the existence of the CNP and without recognition of its four aims. Conclusions 9. While the CNP Park Plan will (in time) provide the strategic framework for the new CNP Local Plan, the existing structure plans will still be relevant in their lifetime, where they actually have relevance within the CNP area. Where there is conflict across existing structure plan policies, or between them and the Park Aims, Interim Planning Policies and/or Supplementary Guidance can be introduced and adopted by the CNPA as material considerations. Norman Brockie 12th November 2003