Saturday, 18 December 2010

Sandown Lands Nairn

"The Highland Council has agreed to rescind, without penalty, the missives it signed with Deveron Homes Ltd over the development of the Sandown Lands, Nairn.

Deveron Homes, who entered into an agreement with the Council in August 2007, asked to be freed from the agreement after failing to receive planning permission for a major housing development on the western outskirts of the town due to the proposed density of the homes being too high.

The development potential of the Sandown site, owned by Nairn Common Good Fund, is now to be reassessed with a preparation of a Development Brief, which will take into account a public local inquiry and consultation with the local community.

A report will be presented to the Council’s Planning, Environment and Development Committee in March 2011, setting out the timescales for the preparation of a Development Brief for the Sandown Lands and the form of community engagement to be used in the process."

Extract from THC News Release web page published 17/12/10

Friday, 17 December 2010

Asda has gone to the Court of Session to challenge Highland Council’s decision...

From the Press and Journal today (thanks to APT contact for info)

Extract

Retail giant Asda has gone to the Court of Session to challenge Highland Council’s decision to grant planning permission for a £500million new town on the outskirts of Inverness, it was revealed yesterday.

Applicants Inverness Estates, a consortium of developers, plan to build 2,500 new homes, a primary school, shops, a community building including a library, a restaurant and cafe, hotel, health centre and church at the site at Stratton Farm, east of Inverness. The development would be in four phases over the next 20 years.

An Asda spokeswoman said a statement would be issued later.

Read more: http://www.pressandjournal.co.uk/Article.aspx/2057688#ixzz18OQiKWZT
Read more: http://www.pressandjournal.co.uk/Article.aspx/2057688#ixzz18O3cF3ka

The planning application for 'Stratton Farm New Town' was put in front of the full council on 15 September 2010 prior to the start of the consultation on the Proposed Highland-wide Local Development Plan.

The Policy Assessment in the committee report for the 15 September noted:

Although there is a measure of support in the Structure Plan Spatial Strategy (paragraph 1.6 of Structure Plan) the application proposals do not fully comply with the planning guidance as set out through the Specific Land Use Policies and Proposals in the Inverness Local Plan, therefore, the application is overall judged as significantly contrary to the approved Development Plan.

However, the most up to date local land use planning framework against which to assess the application proposal is set out through the Highland wide Local Development (HwLDP) rather than the Local Plan (on the basis that the Local Plan does not cover the first years of occupation of the proposed development). The HwLDP has now gone through a process of statutory consultation and is informed by community engagement and the best available information and predictive modelling. This application is therefore being brought forward and is capable of being in in general conformity with the HwLDP Proposed Plan with regard to uses, 17 levels of development and phasing once a Section 75 legal agreement has been put in place.

The extract from the 'Policy Assessment' above mentions that the HwLDP had gone through 'a process of statutory consultation', this was the Main Issues Report for the HwLDP; however as you will have noted from the previous blog post, there was still a long way to go in the statutory Highland-wide Local Development Plan process as a whole in terms of finalising the Proposed Plan - a Plan with which the application '...is capable of being in in general conformity with...'

In order to facilitate this early consideration of the planning application you may recall that councillors of the Planning, Environment and Development Committee, agenda item 9, agreed (amongst other things) on the 11th August 2010 that:

Current major development schemes at Tornagrain, Cawdor and South Nairn (and any which were subsequently submitted) which did not have adopted Local Plan support in full or in part, and which were identified in the Highland-wide Local Development Plan, be taken forward in the context of the ongoing Local Development Plan work and no decisions taken on these schemes until the results of the examination of the Plan were known; and

All proposals in the A96 corridor which had a measure of adopted Local Plan support (in full or in part) could be determined in advance of the Local Development Plan Examination in line with updated guidance in the Proposed Plan;


The proposals for the Stratton Development fell under the latter point in that they were judged to have "...a measure of adopted plan support...".

It will be very interesting to read the promised statement made on behalf of ASDA, although at the determination of the planning application on the 15 Sept the council's solicitor had stated in response to what the P and J describe as ASDA's '11th hour objection':

"Those of you Members that are on the PED committee will be aware that on the 11th August it was agreed that the East Inverness application could be determined ahead of the Highland wide development plan examination – that’s the part of the process where objections to the plan are examined by a Scottish Government reporter. Therefore there’s already democratic governance of this particular matter. Given the decision by PED my advice to the Council is that this application can be determined today. If you decide to determine the application following the hearing that’s going to take place, this is a procedural decision and it may be challenged by any third party; but it is up to that third party to take that decision. Obviously it is for them to decide. However, I’m satisfied that the Council has grounds to defend the decision to proceed to determine the application today. Thank you, Chair"





[The Stratton proposals themselves had emerged from the A96 masterplanning exercises for East Inverness (which formed the basis of the concise strategy document the 'A96 Growth Corridor Development Framework')

Details of the emergence of the Stratton proposals can be found in the 'Update Newsletters' (see immediately below) and other information (also listed below) from the Council web site's A96 Corridor Masterplan page

Update Newsletters


Inverness









Questions and Answers: Part 2

Question:

If an LDP has 'emerged' as far as publication of the PP - but this PP still awaits consultation and examination - can the thought be entertained that once the PP is published then that is it and the rest of the development plan process is just a 'formality' with the likelihood of any significant alteration being made to the PP as a result of a representation being a remote possibility?

Answer:

"...there is still a long way to go in terms of finalising the Proposed Plan once it is published for consultation, particularly if representations and objections to the Proposed Plan can't be resolved. Generally, the Reporters recommendations are binding, so they will have to be incorporated into the plan. During this consultation and examination stage, it is therefore still possible for stakeholders to get objectionable policies (open space designated for housing, proposed route of a new road etc) removed from the Proposed Plan if the Reporter feels that they are not appropriate."

Wednesday, 15 December 2010

Important questions and even more important answers: Part 1

Isn't it amazing that after at least 5 years of being involved in local land use planning issues, carefully studying planning matters and seeking advice from many sources, the 'basics' of the planning system still seem to elude me.

Recent events have made me question the whole reason for the existence of planning as a discipline and I sought advice from a Planning Aid Scotland volunteer. I asked 2 basic questions, the first of which was:

Why is it specified that there should be a consultation on and an examination of a Proposed Plan? (What purpose do these exercises fulfill in terms of the planning process?)

The answer given was:

"...consultation on an emerging, or the proposed plan, allows for key stakeholders (members of the public, neighbouring councils, businesses (e.g. house builders), and statutory bodies (e.g. Scottish Natural Heritage and the Scottish Environment Protection Agency)) to comment on the policies contained within the proposed plan. Different stakeholders will each have different views as to how land use policy should be proposed within this plan. The comments received as a result of this consultation exercise will then be taken into account to finalise the proposed plan, which is then submitted to the Scottish Ministers. If there are still representations from stakeholders that have not been resolved, the proposed plan is then subject to examination (for all intents and purposes this is a planning inquiry). The examination will be undertaken by a Reporter, appointed by the Scottish Ministers, and the local authority have no role in determining who this Reporter will be. It is then the Reporter's responsibility to assess the outstanding representations on the Proposed Plan and ultimately report on how the representations should be taken into account (if appropriate), such as re-designating sites, policy areas etc."

The next question was:

If an LDP has 'emerged' as far as publication of the PP - but this PP still awaits consultation and examination - can the thought be entertained that once the PP is published then that is it and the rest of the development plan process is just a 'formality' with the likelihood of any significant alteration being made to the PP as a result of a representation being a remote possibility?

The answer will follow in PART 2

Wednesday, 8 December 2010

No more funding for Planning Aid England

Extract from Planning Daily:

The RTPI has confirmed that the government will not renew funding for Planning Aid after 31st March 2011.

In a statement the RTPI said it had held discussions with DCLG and during the meeting "officials said the government would be making available money for ‘neighbourhood planning’ for parties to bid for and that it was hoped that Planning Aid England would want to be part of this new approach."

Scotland and Wales have their own Planning Aid organisations and as far as I am aware it is business as usual with them. PA Scotland and PA Wales receive assistance from their respective Governments.

Given what APTSec perceives to be the close ties between the Scottish Government's commitment to public involvement in the new planning system and Planning Aid Scotland's role in upskilling the public to facilitate that involvement I cannot envisage PAS not continuing to receive support.

More here

Friday, 26 November 2010

Proposals for Tornagrain and Whiteness fade as Village plans gain momentum?

APTSec has been pouring over a plethora of documents as we approach the deadline - before 5pm on Friday 03 December ( Click here ) - for submissions to the Highland-wide Local Development Proposed Plan.

The more I read, the more I get the impression that there could well be a covert change of emphasis in terms of development in the A96 Corridor with a great deal more development being planned in smaller settlements.

The interesting thing is, what happens if - with lack of schools capacity and roads infrastructure restricting development at East Inverness and possible questions marks over Tornagrain and Whiteness - the key villages (and possibly other settlements) in the Inverness Housing Market Area cannot expand enough to satisfy the council's calculations in their Housing needs assessment? Will major developments in another Housing Market area, say the Nairn HMA, have to be accelerated through the forthcoming area plans?

Notes:

From HwLDP

The Council will support the development at Whiteness as part of the strategy to
provide a long term housing land supply in the area. Detailed masterplans will
accompany each phase of development in line with the current planning
permission, including provision in line with the already agreed upgrades to the
A96. The Council will also support the reuse of the site for renewables related
development, should the housing element not come forward.

Inverness, Nairn and A96 Corridor Transport Study

From 2011 to 2016, the early phases of the sites identified in the A96 Corridor

Framework were fed into the model. As set out in the Council’s Main Issues report
for the Highland wide Local Development Plan, the preferred strategy is to enable
the early phases of these developments based on adequate mitigation being
identified and provided, whether directly be developers themselves or in
partnership with the Council and Transport Scotland. The key developments
envisaged during this period include the Inverness Campus site at Beechwood, the
development of East Inverness at Stratton, small scale developments at Croy and
Cawdor, the early stages of Whiteness (where 50% of the housing is assumed to
be traditional “effective” housing and the remainder timeshare etc), and the
continued development of adopted Local Plan sites in Nairn (Lochloy and
Sandown/Delnies). The first phase of Tornagrain is assumed to start in 2016

Should councils be allowed to set application fees?

Interesting comments on this on the Planning blog today click here

What do you think?

Wednesday, 24 November 2010

Green Alternatives to Incineration

A little something for the public petitions committee

Calling on the Scottish Parliament to urge the Scottish Government to (a) immediately ban the construction of new waste incinerators and large biomass burners, and shut all existing plants within 5 years; (b) improve the monitoring of emissions from existing waste incinerators; and (c) accelerate Scotlands drive to reduce, reuse and recycle waste.

The content of the petition provides information on the potentially detrimental impact on pollution, climate change, public finance and non-renewable resources that burning of waste is likely to contribute to.

Petition here and background here

I have also received some interesting information on autoclaving of waste from Icare which will form the subject of a post HwLDP consultation period blog post

Icare here

Friday, 19 November 2010

Land Matters for the common good

For,

"Occasional thoughts and comments on land issues and other stuff by Andy Wightman"

Lots of interesting items here including items on Common Good.

(Also Land Value Tax here)

Land, Environment and Sustainability Strategy Group

A meeting of the Land, Environment and Sustainability Strategy Group will be held in the Well of the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 24 November 2010 at 10.30 a.m.

Amongst matters for discussion:

  • Council's Response to Draft Land Use Strategy for Scotland
  • Report into Future Support for Agriculture in Scotland
  • Post Legislative Scrutiny of Land Reform Act 2003
  • Biodiversity Projects and Action update
  • Marine Licensing

Agenda here

Monday, 15 November 2010

Wind, Woods and Development

What could be the council's official position with respect to On-shore Wind Energy, Developing in Woods and Sustainable Design? Councillors will be asked this week to agree that public consultation take place on the 3 pieces of supplementary guidance covering these areas.

Planning, Environment and Development Committee, Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday 17 November 2010 at 10.30am.

Click here for agenda (items 10,11, and 12)

Webcast Notice:
This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Friday, 5 November 2010

Between June 2010 and September 2010, 415 new houses were completed in the Highland Council area

Over 110 affordable homes were completed in the last quarter

See THC briefing note here

Wednesday, 27 October 2010

Saturday, 23 October 2010

It is all too much admit it...

Hands up how many of us have diligently started to write our response to the numerous documents that comprise the consultation on the Highland-wide Local Development Plan. APTSec has yet to put pen to paper and the clock is ticking.

It seems to me, and forgive me for being personal here, I am suffering from not consultation fatigue but the gradual brain numbing effects of keeping track of the huge volume of the documents arising from the numbers of major planning applications (with all their various assessment), volumes of supplementary guidance and new development plan (again with various assessments and other reports in support).

Just how are we supposed to stand any chance of presenting what may be equally valid cases in planning terms? Weren't the changes in the planning system supposed to make things easier?

Friday, 22 October 2010

Action Packed Highland Council Agenda

A meeting of The Highland Council will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 28 October 2010 at 10.30am.

Full Agenda here

Items include:
  • an update in regard to the current status of the Council’s ICT Transformation Programme.
  • There is circulated Report No. HC-41-10 dated 12 October 2010 by the Chief Executive which provides an assessment of Council performance against the Corporate Plan and the ‘Strengthening the Highlands’ Programme and covers the period from April 2009 to the end of March 2010.
  • There is circulated Report No.HC-42-10 dated 7 October 2010 by the Chief Executive which confirms that the Annual Performance Survey carried out in June/July 2010 was sent to the new Citizens Panel of 2354 people, designed to be representative of the adult population. With 1586 responses (67% response rate), the results can be generalised to the adult population of the Highlands.
  • There is circulated Report No.HC-44-10 dated 18 October 2010 by the Director of Planning and Development which provides commentary on the current economic situation and details progress with the implementation of the Council’s Economic Downturn Action Plan.
  • Highlands and Islands Enterprise – Potential Future Governance and Operations HC-45-10 dated 20 October 2010 See also Press Release here
  • University of the Highlands and Islands: Application for University Title There is circulated Joint Report No.HC-46-10 dated 18 October 2010 by the Directors of Planning and Development and Education, Culture and Sport which asks Members to consider a response (attached as Appendix 1 to the report) to a Scottish Government invitation to comment on the University of the Highlands and Islands Millennium Institutes’ (UHIMI) application for University title.
Other items of interest on this agenda are covered by separate posts

Latest on Community Council review

Extract from THC Agenda for Thursday 28 October

There is circulated Report No.HC-49-10 dated 6 October 2010 by the Corporate Manager (Caithness, Sutherland and Easter Ross) which is the second of three reports to Members regarding the Community Council Review process and summarises the second consultation exercise which invited views on the Draft Scheme documentation and further comments on Community Council boundaries.

One big happy family; Strong Corporate Governance

Extract

There is circulated Report No.
HC-50-10 dated 15 October 2010 by the Assistant Chief Executive which confirms that the Accounts Commission has published a report, prepared by Audit Scotland, entitled “Roles and Working Relationships: Are You Getting it Right?”(External link), which is part of an improvement series for Councillors and Officers. This report provides a summary of the key issues highlighted within the Accounts Commission report and makes recommendations for actions that the Council should take to ensure that it learns from good practice and achieves continuous improvements in maintaining and continuing to develop strong corporate governance

Role Descriptions for Elected Members

A meeting of The Highland Council will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 28 October 2010 at 10.30am.

Full Agenda here

Agenda item 23 will discuss the circulated Report No. HC-51-10 dated 14 October 2010 by the Assistant Chief Executive which reviews the Role Descriptions for Elected Members in line with the guidance issued by the Scottish Government.

Members are asked to agree the continuation of the current Role Descriptions as detailed in Appendix 1 to the report.

Members are also asked to agree the additional Role Descriptions as detailed in Appendix 2.

Extract:

"Members were advised, in March 2009, that the Scottish Government had issued guidance stating that, within a reasonable timescale, each Elected Member should have a role description, have participated in a training needs assessment and received a personal development plan."

ROLE DESCRIPTION – WARD MEMBER

To represent the views and interests of your Ward and its individual
constituents and to deal with all enquiries and representations fairly and
without prejudice;

To contribute actively, within the Council’s Strategic Committee structures,
to the formation and scrutiny of the Council’s policies, budgets, strategies
and service delivery; and

To promote the best interests of the Council and the community as they
relate to the improvement of the quality of life of the community and its
citizens in terms of social, economic and environmental wellbeing.

Tuesday, 19 October 2010

Property Factors (Scotland) Bill - (SP Bill 51)

Property Factors (Scotland) Bill (SP Bill 51)

A Bill to establish a register of property factors and require property factors to be registered; to make provision in relation to the resolution of disputes between homeowners and property factors; and for connected purposes. More hear

Understanding Bills more here

A call for written evidence was issued by the Local Government and Communities Committee for interested parties to submit their views on the Bill. The call for evidence is now closed.

A selection of the comments made in the first session on 08/09/10 include:

"The SFHA welcomes the bill. We are fairly content that, by and large, the services that are provided by housing associations are more than up to the standards that are set out in the bill—particularly in the light of the fact that lately we have been doing a lot of work on the matter."

"Thank you for the opportunity to contribute. The question is an excellent one. In effect, it covered the whole issue. The bill recognises the need for registration, regulation and resolution—which are all good things for the industry, as they are for any industry.

Col 3373

The bigger picture, so to speak, is that there is a lack of the three Rs in property management. I therefore welcome the opportunity that the bill or some other mechanism will allow to make that happen.

We are confused about some of the drafting of the bill. We understand that it applies to property factors. In our submission to the consultation, we made it clear that Greenbelt is not a property factor; indeed, we have been making that clear for a number of years. We have an interest in the bill, but it does not apply to us. That may sound like a pretentious thing to say, but that is our position. At the end of the day, we support a means or mechanism that would allow the introduction of the three Rs."

"(Property Managers Association Scotland): My short answer is that, yes—the bill as introduced would improve standards in property management for the consumer, which is ultimately what we are trying to achieve. The PMAS supported the proposal that was made before, and supports the current proposal for accreditation. We have worked very hard and been involved with the working party during the past 18 months in support of accreditation. The bill would be another option for raising standards in property management."

"Hanover Housing Association's view broadly echoes that of the SFHA. We provide a factoring service to 1,000 or so retired self-funding owner occupiers in 30 to 31 developments across Scotland. Our practice is to adhere to the "Private Retirement Housing: Code of Practice", which the Minister for Housing and Communities launched last year. I have the document in my hand; I think

Col 3374

that the committee is familiar with it. We expect the standards in that document to be reflected broadly in the proposed code of conduct under the bill, as well as in the voluntary accreditation core standards, on which the Scottish Government is consulting. The prospect of a statutory code does not therefore present us with any difficulties. We believe that they are standards to which we should be working."


More information can be found here

There were three
other sessions which can be found on the links at this page here,

At its meeting on 15 September 2010, the Committee took evidence from the Office of Fair Trading, Consumer Focus Scotland, Greenbelt Group Action and Stonelaw Court Owners' Association.

At its meeting on 22 September 2010, the Committee took evidence from the Minister for Housing and Communities and Scottish Government officials.

At its meeting on 29 September 2010, the Committee took evidence from Patricia Ferguson MSP and Mike Dailly, Govan Law Centre.

In order to get a balanced view of the proceedings readers are advised to read the reports of the oral evidence sessions in full.



Major Inverness ‘gateway’ scheme

The consortium building a new town east of Inverness is now planning a gateway development beside the A9, overlooking the city.

Read more: http://www.pressandjournal.co.uk/Article.aspx/1964517?UserKey=#ixzz12oPKISrQ

Tuesday, 12 October 2010

Tips writing your response to the Highland-wide Local Development Plan


For those who are about to start your submission to the Development Plan consultation:

  • Remember who you are trying to persuade - really the Reporter not the council
  • Be clear about what changes you want - bear in mind that what you write is required to be summarised by the Planning Authority so be as unequivocal (but polite, of course) as possible
  • Be comprehensive…
  • …but succinct - only 2000 words encouraged (but enclosures can be added as well)
  • Focus on planning, and realistic options
  • Recognise the Reporter’s role
  • Recognise the other parts of the system
EXTRACT

Examinations are intended as the principal means of independently testing the issues arising from representations on proposed strategic development plans ( SDPs) and local development plans ( LDPs). Amongst other things they should examine the issues raised in representations rather than responding to each individual representation and ensure the process is understandable and transparent to the public.

The planning Authority has to submit a summary of unresolved issues.

71. The summary of unresolved issues is to group the representations into a smaller number of issues. It is to:

* Number and list all the unresolved representations and name the people making the representations;

* Include a summary of the issues raised in the representations;

* Include the authority's reasons (generally expressed in less than 800 words per issue) for not modifying the plan in regard to each issue; and

* Be arranged, so far as practicable, so that the issues appear in the same order as they are set out in the plan.

A form for the summary is included as schedule 4 to the regulations.

For more information go to Planning Circular 1 2009

Sunday, 10 October 2010

Is transparency to no avail?

Transparency, so I have read, facilitates participation; in a social context it implies openness.

I came across this discussion paper whilst trying to make sense of the decision making processes here in Highland:

'Is transparency to no avail? Committee decision-making, pre-meetings, and credible deals.'*

Lots of formulae but fascinating nonetheless click here

*July 17, 2007. Dept. of Economics, Erasmus University Rotterdam, and Tinbergen Institute.

(The Tinbergen Institute is the institute for economic research of the Erasmus Universiteit Rotterdam, Universiteit van Amsterdam, and Vrije Universiteit Amsterdam.)

Whatever happened to the IABP?

Property agents across UK and world advised of opportunities for freight and warehousing companies

A major marketing drive is under way to attract businesses to the planned Inverness Airport Business Park (IABP), including a push overseas.

Bryce Stewart, director at Colliers, said: “IABP is unique among business parks. It is extremely well connected, sitting beside an airport with well-established links across the UK and in turn abroad, with connectivity to important road links such as the A96 and the A9, and just six miles from the centre of Inverness. And as a city Inverness has great appeal, with a capable workforce and access to such a great lifestyle.

Read more: http://www.pressandjournal.co.uk/Article.aspx/1948253?UserKey=#ixzz11x9uSTe4

A Business Visitors View of the Highlands

Highlands and Islands: Strength in Diversity

It's a summer's day and the Edinburgh to Inverness train is packed with tourists from all over the globe. On arriving at the Highland capital's station I can see the smart new Marks & spencer store nearby which forms part of the city's covered Eastgate shopping Centre. The newly refurbished streets are swarming with people - this is peak time for the region's tourist trade.

More here


Quote of the Week

‘The public interest’ is a phrase much used by a wide variety of organisations but just because the phrase is in common use does not mean that everyone understands it to mean the same thing.

Why bother to take part?

"Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information... and the opportunity to participate in decision making processes. States shall facilitate and encourage public awareness and participation by making information widely available."


United Nations Rio Declaration, Principle 10, 1992


communityplanning.net

What use participation?

"Community participation lies right at the heart of sustainable development. Sustainable communities will take different forms from place to place, but one thing that none of them will be able to do without is a broad and deep level of participation."


Action Towards Local Sustainability, website introduction, 1999


communityplanning.net

Saturday, 2 October 2010

Public confidence in the development plan process as elections approach



Remember this?


PLANNING, ENVIRONMENT & DEVELOPMENT COMMITTEE
15 AUGUST 2007

'This paper seeks Committee approval for the current programme of Development Plan work, in line with priorities set out in the Programme for Administration.

The programme for Administration sets out as clear priorities the preparation of a Highland Development Plan and three Local Development Plans.

The Highland wide Development Plan will deliver a consistent and strategic approach to development management across the area. In addition, it will set the statutory context for the delivery of the A96 Corridor, help to build public confidence in the development plan process and ensure that community and development interest retain their faith in a plan-led system and provide a landuse context to ongoing Community Planning work. The delivery of this Development Plan will tie in well with the ongoing preparation of the second National Planning Framework by the Scottish Executive.
'

Highland Council chose to determine a major Planning Application at East Inverness in advance of the consultation on and examination and adoption of the Proposed Highland-wide Local Development Plan where the tables of conformity prepared for the planning application stated:

"...the application as presently drafted does not accord with the approved development plan. It is a definite departure"

"...The use mix proposed in the current application differs from that supported within this (A96 Corridor) supplementary guidance"

Members of the PEDC had been asked to agree in August via the Recommendation in part iii of ped-59-10 that:

“…proposals in the A96 corridor which have a measure of adopted Local Plan support (in full or in part) may be determined in advance of the Local Development Plan Examination in line with updated guidance in the Proposed Plan;

The report to the full council noted:

'The proposals are contrary to the adopted Inverness Local Plan. However, the HwLDP Proposed Plan, approved by PED on 11 August 2010, now forms the most important material consideration regarding policy and the development framework for this site. Any permission must therefore accord with the HwLDP policy and framework with regard to phasing and infrastructure provision.
' Click here

In my view consideration of the planning application has pre-empted the full planning process.
Parties will have had no opportunity to challenge, through the Development Plan process, the basis on which land is being allocated prior to consideration of this planning application
The development for this area will be shaped by a consent given in advance of the completion of the development plan process.

The period for this Council administration is fast coming to an end. How many more applications will we see determined ahead of the Highland-wide Local Development Plan being fully consulted on, examined and adopted? How much faith will we have in a so called plan led system?

Up-date

Letter in the Inverness Courier from the Chair of Westhill CC here

Wednesday, 29 September 2010

"Getting the best from our land": Consultation

"Consultation on Scotland’s first Land Use Strategy, and your views are vital to its success."

More than 80 per cent of Scotland’s people live in urban areas, yet only 6 per cent of our land

is urban; this leads to a high monetary value being placed on urban land.1 Despite the fact
that relatively few of us live in rural areas or earn our income directly from the land, we all
depend on the goods and services which the land provides. Wherever we live, we have an
interest in what happens to the land.

The characteristics of the land vary greatly around the country, with variations in soil type,
slope, altitude, accessibility, climate and more – this influences what can be done with the
land and has important implications for land use. In agriculture, for example, these variations
result in our having only relatively small areas of prime agricultural land (mostly in the East)
and a very large proportion of our land which is significantly constrained in the way it can be
farmed.

Responding to this consultation

The Scottish Government is consulting on this draft Land Use Strategy and is inviting early
written (by post or email) responses by 30 November 2010. Responses will be accepted until
17 December 2010, when the consultation closes, but cannot be accepted after this date.

Saturday, 25 September 2010

Whiteness Site for Sale

Whiteness for sale it seems

Someone has just pointed me in the direction of this newspaper item:

'Property agents Savills said they were marketing the Whiteness site at Ardersier as having potential for building renewable energy devices.

Owners, the Whiteness Property Company, already have outline permission for a 3,000 home community on the 816-acre site based around a small harbour.

Whiteness director Colin Whittle said yesterday: “We have never ruled out a joint venture.

“The skills of the board members were in preparing the site rather than building it out without a third party.”

He added: “We will consider more conventional residential development on one hand and on the other, we are prepared to look at short to medium term industrial development.”

He added that there had been interest from a number of parties, including international firms.

Read more: http://www.pressandjournal.co.uk/Article.aspx/1934755#ixzz10YtMaWLZ

For background on this see:

THC Minutes where the agenda item links though to the Officer's reports and site plan for the consideration of the Whiteness Planning Application in Nov 2006

The Whiteness submission for the Main Issues Report of the Highland wide Local Development Plan indicates that the site can accomodate a doubling of the housing units from 1950 to 4000 (Para 312)

The Council's 'Summary of Issues and Recomended Responses' to the Main Issues Report for the Highland-wide Local Development Plan for their summation of representations to the MIR including Whiteness; listed as 'Colliers CRE - Whiteness Property Group (260)'

The Proposed Highland-wide Local Development Plan states:

The Whiteness development on the former Ardersier fabrication yard remains an important strategic development site. It has outline planning permission for 1,950 houses, will be subject to a Section 75 Agreement and an Access Management Plan and in terms of our spatial strategy remains capable of meeting some of the projected housing need over the period to 2031 (Map 8). There has been interest in the site in respect of other uses, particularly relating to its potential to deliver as part of the Scottish Government‘s National Renewables Infrastructure Plan and that potential will be supported by the Council should housing development not come forward for the site. For the purposes of the housing land supply, the effective land supply coming forward from Whiteness is set at 50% - on the basis that the balance will be geared more toward the tourism and leisure element of the housing market.

Currently the Whiteness Home Page :

Extract

320 ACRES (129 HA) FOR DEVELOPMENT WITH OUTLINE PLANNING CONSENT FOR INITIAL 1,950 HOUSES, HOTEL,

500 BERTH MARINA, RETAIL & LEISURE FACILITIES

POTENTIAL FOR FUTURE HOUSE NUMBERS TO BE INCREASED

Wednesday, 22 September 2010

Highland-wide Local Development Plan - consultation starts this Friday

I have just contacted THC to see when the consultation on the HwLDP is due to start and have been informed as follows:

The consultation is going to commence this Friday, it will last 10 weeks and close on the 3rd December 2010.

More details will be available on the HwLDP blog - dates of all the events; details of where the plan can be viewed; how to make responses. The updated web page will go live on Friday Morning.

I know that some of our members have expressed negative feelings about the planning system, particularly recently but I would ask you, please, do not be deterred from taking part in this consultation. In fact, why not try to get more people involved?

Saturday, 18 September 2010

Nairn Town Centre Development Brief to go before Planning CommitteeWednesday 22 September 2010 at 10.30am

Extract from Planning Committee Agenda item 12:

There is circulated Report No. ped-77-10 dated 7 September 2010 by the Director of Planning and Development providing Members with details of a Draft Nairn Town Centre Development Brief intended to update the Council’s planning policy for that part of the town that includes the Co-op/Somerfield supermarket and adjoining land, to be the basis for public consultation over a 4 week period.

The Committee is asked to:

i. approve the contents of Appendix 1 to the report as a Draft Nairn Town
Centre Development Brief;
ii. agree that public consultation comprise one public meeting (a special Nairn
Ward Forum advertised via the local press), preceded by an afternoon
“drop in” exhibition, held during a 4 week period for written comment,
with relevant community councils and landowners also sent a consultee
copy; and
iii. note that the results of the consultation process will be reported back to
Committee for Members’ consideration of amendments and final approval of
the Brief.

More here


UPDATE 22 09 2010

The text below comes from the Highland Council web pages. Do you think that this will be the 'special ward forum meeting'? why not use the on-line form to get in contact with the Council if you are a resident of Nairn


Nairn Ward Forum

Next Meeting:

Date and Time: Wednesday 29 September 2010 at 7.00 pm

Venue: The Chamber, The Court House, High Street, Nairn

Theme: to be advised


Submit Questions

Use our online form to submit questions for consideration (even if you cannot attend)

Questions should ideally be lodged at least three days before the Ward Forum takes place, to allow a full response to be given.

Asked and Answered: Resourcing a High Quality Planning System

Scottish Government Consultation Question

What do you consider constitutes a high performing planning system? In considering your response, please reflect on the roles and responsibilities of the various parties in the planning system, including developers, planning authorities, key agencies, as well as other
stakeholders...

THC Answers here




Wednesday, 1 September 2010

URGENT: New Community Engagement Advice Published; it is very much in your interest to be aware of this



Development is essential if we are to meet our current and future economic, social and environmental needs and aspirations. The planning system guides the future development and use of land - where development should happen, where it should not and how it interacts
with its surroundings. Through a plan-led system, succinct and clear development plans set out ambitious, long-term visions for an area. By taking decisions on applications for planning permission, the future development of an area is set out.


So states the very first paragraph of the latest Government Planning Advice Note*

Para 7 continues:

Whatever the circumstances, it is important that all stakeholders know the extent to which they can be involved in planning decisions, taking into account the practical limits of the process and the constraints within which it operates. For instance, while development plans will set out the planning authority’s policies and proposals, whether development will actually occur on a piece of land will also depend on subsequent regulatory processes, such as the need for planning consent, and a host of other factors including the landowner’s aspirations for the site.

So,

  • How does the Government define community engagement?
  • What are the roles and responsibilities of the various parties involved in the community engagement aspects of planning? (Government, Local Authorities / Councillors, Community Councils and other interest/ community groups, applicants and their agents)
  • What is meant by 'Development Planning' and 'Development Management' and how do you get involved in both processes?
  • What is Pre-application consultation?
  • What are the national standards for engagement?
For the answer to the above and many other questions click through here now

(*Planning Advice Notes provide advice and information on technical planning matters.)

Tuesday, 31 August 2010

Consultation; UHI Millennium Institute being awarded University title. Speak Up for Rural Scotland; Extending the Coverage of the Freed

Extract:

THE SCOTTISH GOVERNMENT CONSULTATION PROCESS


Consultation is an essential and important aspect of Scottish Government working methods. Given the wide-ranging areas of work of the Scottish Government, there are many varied types of consultation. However, in general, Scottish Government consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.

The Scottish Government encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same.

Typically Scottish Government consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the issue, and they are also placed on the Scottish Government web site enabling a wider audience to access the paper and submit their responses. Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (except those where the individual or organisation requested confidentiality) are placed in the Scottish Government library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4565).

All Scottish Government consultation papers and related publications (eg, analysis of response reports) can be accessed at: Scottish Government consultations ( http://www.scotland.gov.uk/consultations)

The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. Depending on the nature of the consultation exercise the responses received may:

* indicate the need for policy development or review
* inform the development of a particular policy
* help decisions to be made between alternative policy proposals
* be used to finalise legislation before it is implemented

Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

The following (amongst other) consultations are now on the Scottish Government web pages

UHI Millennium Institute being awarded University title - here

Speak Up for Rural Scotland - here

Consultation on Extending the Coverage of the Freedom of Information (Scotland) Act 2002 - here

*Resourcing a High Quality Planning System: A Consultation Paper - here

* Previous post

Tuesday, 24 August 2010

Getting together with Developers

From Scottish Government Web site

Since August 3, 2009, all planning applications for National and Major developments have been subject to statutory pre application consultation (PAC) with communities. The minimum requirements for PAC are set out in The Town and Country Planning (Scotland) Act 1997 as amended (the 1997 Act) and The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 (DMR). Applicants must submit a Proposal of Application Notice to the planning authority setting out what consultation activity they intend to carry out, and when a full application is submitted, this must be accompanied by a Pre Application Consultation Report that should set out how the applicant complied with the PAC requirements.

As part of the Regulatory Impact Assessment to the DMR, the Scottish Government committed itself to assess how the new system was working on the ground, approximately a year after implementation.

More here and here

Thursday, 19 August 2010

Challenging Bad Development

Latest from Planning Daily:

CPRE and ELF today called for a new, limited public right of appeal against bad decisions.

The two organisations also published today a guide that explains the only way currently available for concerned members of the public to challenge planning decisions through the High Court.

Plan B: How to Challenge bad development in court is available here.

Full item from Planning Daily here

Don't forget the Planning Resource blog

Tuesday, 17 August 2010

Urban Dialogue

Urban Realm reports on Andres Duany return to Scotland here

(Remember 'Charrettes of Ire' here and more on Elsick here)

Monday, 16 August 2010

Ancient Woodland

Extract

About 3% of the UK is made up of ancient woodland, still a large area but, many of the sites are tiny and scattered across the country.

It is their size and distribution that makes them particularly vulnerable to being chipped away by house building, road widening and service provision.

The South East is particularly at risk given the pressure to develop and accommodate an ever growing population. (Full item here)

Extract

Using the Inventories of ancient, long-established and semi-natural woodland for Scotland , the percentage of Scotland’s ancient woodland afforded Site of Special Scientific Interest protection is 48%.

From the SNH web pages:

In Scotland, Ancient Woodland is defined as land that is currently wooded and has been continually wooded, at least since 1750 which is when the first maps to cover the whole country were produced external site . Ancient woodland is thus directly descended from the original woodland that developed after the retreat of the ice sheets in Britain 10,000 years ago. The wildlife communities, soils and structure of ancient woodlands have had the longest time to develop, and are therefore generally (but not invariably) richer than that of more recent woods - so we can use 'ancientness' as an indicator of woods which are likely to be of high value in relation to other aspects of the nature and landscapes. More here

Sunday, 15 August 2010

Market value?


'Expansion will be driven by the private sector and if there is no business case it simply will not happen. The market will see to that. (Inverness Courier Leader click here)'

But homes and facilities need to be provided for those that have been priced out of the market; strong, sensible, thoroughly tested policy should deliver for those in need before it is too late for many. Isn't that why THC is required to produce a 'Housing Need and Demand Assessment'?

So, does the 'market' provide us with the solutions to the problem of increasingly unsatisfied housing need?

Ken Loach
said of the book, "Where the other half lives: lower-income housing in a neoliberal world (2009)*"

"To feel secure people, particularly families, need good well-maintained housing, where they know they can live without fear of having to leave. Our society has consistently failed to provide this. We are told the market will be the answer, but it isn't. I hope this book will explain why, and point the way to a socially responsible economy
"

The Editor (and part author) says of the book - further information here:

"At the heart of today’s housing crisis is the prioritisation of housing as real estate rather than as homes. In 2007, it was estimated that 60% of Britain’s wealth was made up of property, and property speculation has played an important part in wealth re-distribution."

"This speculative property market is a huge force for inequality, and, as a report for Shelter pointed out, a person’s ‘social position… will be increasingly determined by their parents’ housing wealth’."

The Highland-wide Local Development Plan has to be greater and better than something that will break and bend according to the vagaries of the market in order to fulfill the RPTI's expectations of planning:

"...It maintains the best of the past, whilst encouraging innovation in the design and development of future buildings and neighbourhoods to meet our future needs."

[*Amazon has 2 reviews of this book including:

"This volume provides a well considered and thoughtful analysis of the failures of decades of housing policy drawing on examples from accross the globe. Considering both the local and national contexts this book is an absolute must read for anyone working in the field of housing policy or housing research. The text provides a robust critique of current policies and goes a long way to help debunk the false policy choices that the neo-liberal experiment has presented to socitey."