Court Challenge on Plan Policies supporting Aviemore settlement

From 'Planning' here

"The Cairngorms Campaign, the Scottish Campaign for National Parks and the Badenoch and Strathspey Conservation Group are seeking to overturn policies in the Cairngorms National Park Local Plan supporting a new settlement of up to 1,500 homes at An Camas Mor, near Aviemore, and smaller allocations at Nethy Bridge, Carrbridge and Kingussie.

The groups argue that these developments "would cause unacceptable damage to the national park and are contrary to the first aim of the park, namely to conserve and enhance the natural and cultural heritage of the area".

Planning permission in principle for the An Camas Mor scheme was issued in June 2010 and the local plan was adopted in October 2010. The scheme is being promoted by landowner the Rothiemurchus Estate.

The national park authority argues that the principle of development at the site was established in the 1990 Highland Structure Plan and that the scheme will meet long-term growth needs in the Badenoch and Strathspey area.

The court hearing is scheduled to last until Friday."

Proposals for Capped Fees in Planning Disputes

From 'Planning' 

http://www.planningresource.net/Development_Control/article/1111602/scottish-government-proposes-capping-legal-fees-planning-disputes/

The Scottish Government has proposed introducing caps on the legal fees associated with challenges to planning decisions.

Under the proposals, protective expenses orders (PEO) would be introduced that would limit the liability of a petitioner, or applicant, to £5,000 when paying a respondent’s costs, while limiting the liability of the respondent to £30,000 when paying the petitioner's costs.

The Scottish Government said PEOs were designed to ensure "access to justice" in planning disputes, while discouraging spurious challenges that could cause unnecessary delay to projects of strategic national importance.

Minister for community safety and legal affairs Roseanna Cunningham said: "The Scottish Government is committed to affordable access to justice in cases of importance, including where environmental issues are at stake."

"Challenges to these decisions can, however, have significant impacts on the economy. We are determined to ensure that major planning and infrastructure decisions are not unreasonably delayed. The proposals we are consulting upon therefore seek to achieve a fair balance between the costs to persons wishing to challenge these decisions and the potential implications for economic development."

The consultation on the proposed PEOs closes on 3 April.

For more information on the consultation, click here

So much to do; so little motivation

APTSec has reached something of a crisis point.

I find myself sitting at my computer knowing that I have so much work to do with respect to planning matters but not having the mental or emotional energy to tackle it.  The deadlines are looming and I cannot summon up the will; I find myself wondering just what the point of continued participation is.  The constant rejection by and poor quality experience of working within the planning system has taken its toll it seems; it is acting as a mental block to my continued participation, the participation which, we are continually advised, is so valued in the planning process.

It seems that over the last 5 years of concentrated effort we have tried and tried to express our discontent regarding the lack of meaningful engagement in the process; to no avail it seems.  No wonder people lose interest in the planning system.

I tried to distance myself from planning matters over the festive period in order to recharge the batteries and to be fairer to the family, but the batteries are still empty.  I know I should pull myself together and just get cracking, there is still a little time, but that is easier said than done.

 

Perhaps the Scottish Parliament should take a look at this

A few quotes from a very thought provoking report from the 'think tank' the 'Institute of Public Policy Research'.  If you agree with what is being put forward in the 'IPPR' report then it would seem (after a very quick read through) that whilst the main political parties in Scotland are set to support lots of land release if there is not an 'open' structure in the building industry the nation will still not provide the range of affordable, good quality homes that are needed. 


What do you think?  Are land costs too high here?  Is the Scottish building industry dominated by too few key players to the detriment of delivery?


Quotes from the IPPR Report:


"During the 1960s, the top 10 housing companies had eight to nine per cent of market share. In the 1970s, the top 10 housebuilders by market share rose to approximately 17 per cent in 1973. There then followed two recessionary periods of major consolidation. In the first post-recessionary period after 1974, the share of the top 10 builders went from 17 per cent in 1973 to 28 per cent in 1980. In the 1990s, the market share of the top 10 major housebuilders rose from 27 per cent in the late 1980s to 47 per cent in 2002. Both periods coincided with a significant shake-out of smaller players within the industry ."


"The falling size of new British homes occurs alongside a poor r ecord on product, innovation and design. The housing minister recently criticised UK housebuilders for producing an ‘identikit Legoland box’.12 The Barker report found that ‘housebuilders have little incentive to compete for consumers’ and have a ‘weak record of innovation’ (Barker 2003). While the leading academic on the sector notes that ‘British house[ ]building has
an exceptionally poor record at introducing innovation in design and production methods’ (Ball 1999, see also Neale 2009)."

"What is particularly interesting from a UK perspective is the example of the Netherlands, where a restrictive planning system and a highly populated country still manages to deliver large homes. Poor UK delivery cannot be entirely explained by population pressures and a tight planning regime.

"The UK house building sector also suf fers from a lack of economic resilience, which is highly striking when considered in an international context. This lack of resilience is not just a problem for the rates of UK house building, it is also a source of macroeconomic instability for the UK economy as a whole (OECD 2011b)."


"The drop in land values hit balance sheets hard. Under UK accounting rules, land values have to be written down immediately. In 2008 and 2009, large losses impacted on all of the major builders."


"The politics of local authorities make most reluctant to prioritise housing development, as 

anti-housing groups have greater clout at the ballot box than the more dispersed interests 

of those who need housing.83 Local authorities will be required to use need assessments 

to calculate their housing plans, but these assessments under estimate housing need, 

particularly in high demand housing markets. Local authorities are therefore likely to

release limited amounts of new land for house building, and only in order to satisfy central

government pressure. This will almost certainly be land that was likely to be designated as  

planning land over a short to medium time frame."

And the conclusion?


That the building sector reform must "... insulate land based risk..."


Ways forward?



"Part of this vision must be diversification. We are at low point in an 80-year tr end of
industry consolidation. This has decreased both the sector’s performance and its
economic resilience. On simple arithmetical terms alone, relying on the top 10 UK builders
will not deliver the increase in housing we need."


"Greater transparency is also needed so that the benefits and costs of development, which
currently fall unevenly (with some who bear costs receiving no benefit and vice versa), can be discussed more openly. Too often communities are kept in the dark about what prices are being paid and who is gaining from what is perceived as the loss of an important communal good."


"Planning reform must release more land suitable for development (putting a downwards
pressure on land prices), but it must also deliver reform of developers via changing who
has access to this land and how it is utilised. This requires not just a greater release of
land, but also a structural change to how land release happens."

Leftovers from 2011

The start of a new year but there is still a little unfinished business from the old one.


If you recall a few weeks back (30 Nov2011) APTSec sent an email to the then Minister for Local Government and Planning, Aileen Campbell.  The main text went:

Dear Minister

We have been totally overwhelmed by our experiences of planning over the last few years.  One of our members was in touch with PAS recently and Mr David Wood at PAS mentioned that you were keen to find out how the new planning act was performing.  For some time now we have felt that our input into the planning system is not meaningful and carries little weight.  The new planning reforms have not improved matters and in fact in our particular circumstances have made things worse. 

We desperately want to take a constructive part in the development of our community but feel marginalised and it is becoming increasingly difficult to find the motivation to continue.  Please could you help us to find a way to restore our faith in the system and please could we send you a note of our experiences to date for your serious consideration.

I received the following reply on December 23rd  

Dear Mrs Stafford

Thank you for your e-mail of 30 November to the Minister for Local Government and Planning regarding your concerns about the planning system. I have been asked to respond.

 I am sorry that you feel disappointed with the system.

The Scottish Government are always keen to hear people’s views on the operation of the planning system.  We regularly run consultations on specific aspects of planning. Consultations can be viewed on the Scottish Government website at http://www.scotland.gov.uk/Topics/Built-Environment/planning/publications/consult.

You can also subscribe to our e-alerts (http://register.scotland.gov.uk/Subscribe/Step1)

 to ensure that you are notified of planning news and developments, including details of consultations.

While consultations seek views on specific issues, we are always keen to hear from members of the public and interested community bodies about issues or concerns they may have with the planning system. Such views help to inform future work to improve the operation of the system. I would be very happy to speak to you or to consider any written concerns you may wish to raise.    

I hope this information is useful and look forward to hearing from you.

David  Reekie

Policy Manager

Planning Legislation & Performance

Area 2 J South

Victoria Quay

EH6 6QQ

I have arranged to speak to Mr Reekie in the New Year and I will keep the blog updated.

The Reporters final update on their HwLDP examination

'One final reporters progress update for December:'


"Reporters Monthly Progress Update for December 2011


The report was delivered to the council on 20 December, three week later than 
we had hoped, but within the Scottish Governments overall examination
targets. It has been a complex exercise, and whilst not everyone will be happy
with our recommendations, we hope that our conclusions will help the
understanding of our reasons for making them.


We would like to thank everyone who has taken part in the examination,
whether through sending a representation to the council, responding to our
requests for further information, or taking part in our two public hearings. As
one of the first plans and examinations to be prepared and conducted through
the new legislative system we have been at time feeling our way, but we hope
our report will provide positive direction for the council in what will be a
challenging time delivering its future development plan programme."


Original material here

HwLDP; Reporters have sent back report to THC

The examination report can be found here


Extract from THC press release as below:


The Highland Council has received the Report of Examination for the Highland wide Local Development Plan from the Scottish Government’s Directorate for Planning and Environmental Appeals.

This draws to a close the independent examination of the unresolved issues following the consultation on the Highland wide Local Development Plan and now the Council can move forward towards adoption of the plan.

The unresolved issues from members of the public, community groups and the development industry have now been considered by the Reporters, who have, where necessary, made a series of recommendations as to how the Council should change the Plan  These recommendations are binding on the Council and will be reported to the Planning Environment and Development Committee being held on 18 January 2012.

Some of the headline conclusions and recommendations include:

• Support for the Vision and spatial strategies for Highland as a whole;

• Support for the development of the A96 growth corridor between Inverness and Nairn including developments at Tornagrain, Beechwood Campus, East Inverness and Nairn;

• Support for population projections and the housing land supply needed in the Highlands, which are deemed reasonable and in line with Scottish Government policy and guidance;

• Removal of a residential expansion allocation at Culloden Moor;

• Support for developments at key sites in Ross-shire and Caithness, including Nigg, and John O’ Groats;
• Support for all of the general policies of the plan subject to some modifications.


For full piece click here

Would this be your 'City Vision'?

Thanks to this post in the 'Chris Brown' blog for drawing my attention to a letter in the Telegraph

The letter makes the following points;

'Cities are this country's economic engines and the centre of creativity. People move to cities to find jobs and earn more. Ninety per cent of us live in cities, so the form of our urban settlements must be sustainable. This means compact, polycentric cities.'

'There is no shortage of brownfield sites – England has 66,000 hectares which could be used for building – and while there is a need for more well-designed dwellings, there are 750,000 homes lying empty and 22 million homes which should be retrofitted. Some 330,000 dwellings have planning permission but have not been built.'

'The movement back to cities is to be encouraged. '

'A green belt helps to contain the city and protect the countryside.'

Do you share this 'vision'?

Updated DPS with Scottish Government

Development Plan Scheme

The Highland Development Plan Scheme 2011 has been reviewed and updated for November 2011. This has been submitted to the Scottish Government for their consideration. The updated document is available at the link below:

• Highland Development Plan Scheme - November 2011 (pdf, 551kb)

The Highland Development Plan Scheme has 3 purposes:

• to explain what future local development plans for Highland will contain;
• when they are likely to be produced;
• and how individuals, communities and organisations can be involved in making these plans.

Taken from THC web page here

Get up to date with the Development Plans Team

THC web page here

For the most up to date news on the work of the Development Plans Team (and more) please follow our twitter account, 'Like' our Facebook page and check out our blog:

http://twitter.com/highlanddevplan

http://www.facebook.com/pages/Highland-Local-Development-Plans/302808897189

http://hwldp.blogspot.com

Housing in the Countryside and Siting and Design

Highland Council web page here

The Highland Council have reviewed the Interim Supplementary Guidance: Housing in the Countryside and Siting and Design. The document is available on the link below:

• Interim Supplementary Guidance: Housing in the Countryside (August 2011) (pdf, 2.2MB)

The guidance is used to highlight how The Council will interpret and implement the policy set out in its development plans relating to the development of housing in the open countryside. The guidance largely covers the implementation of policy within the most pressured “hinterland of towns” area.

If you would like to discuss the document further please contact Malcolm Macleod on 01463 702 506 or by e-mail to malcolm.macleod@highland.gov.uk.

Development Plan Policy Guidance

Below taken from page here on Highland Council web page

Development Plan Policy Guidance (or Supplementary Planning guidance) is founded upon the development plan. It provides more detailed guidance for Local Plans (where the guidance is founded on the Structure Plan), for development control, for developers and for the public on the interpretation of specific policies contained in the development plan. It must, however, be read in conjunction with the development plan.

• Flood Risk and Drainage Impact Assessment (Consultation Draft, September 2011)
• Affordable Housing (revised August 2008)
• Education and New Residential Developments - (August 2009)
• Highland Renewable Energy Strategy & Planning Guidelines (May 2006) - under partial review
• Houses in Multiple Occupation (November 2008) - August 2011 Draft under consultation
• Housing in the Countryside (August 2011, Committee version, subject to amendment)
• Open Space in New Residential Developments (May 2009)
• Dingwall Riverside Development Brief (Jan 2010) - copies available on request
• Dingwall Developer Contributions (pdf, 2992 kb)
• Access to Small Scale Rural Developments - in preparation
• Pre-application advice for Major Developments
• Access to Single Houses and Small Housing Developments
• Special Landscape Area Citations
• Construction Environmental Management Process for Large Scale Projects (1203kb)
• Managing Waste in New Developments Interim Supplementary Guidance
• Sustainable Design Guide: Interim Supplementary Guidance
• Trees, Woodlands and Development Interim Supplementary Guidance
• Onshore Wind Energy (Draft) Supplementary Guidance
• Green Networks Interim Supplementary Guidance
• Physical Constraints (Draft) Supplementary Guidance
• Highland's Statutorily Protected Species (Draft) Supplementary Guidance

Details of any consultation on draft Development Plan Policy Guidance (or SPG) is also available

Trees, Woodlands and Development

Interim Supplementary Guidance

The purpose of this Supplementary Guidance is to ensure that applicants seeking planning

permission effectively consider and subsequently manage existing trees and woodlands, as well

as identifying opportunities for planting and management of new trees and woodlands. This

enables planners to make quicker, efficient and more consistent decisions.

Pages 19-22 may be of particular interest to those with an interest in a current planning application in Nairn town centre.

(With thanks to the HC Forestry Officer, Mr Stuart for taking the time to answer my questions this morning)

JESSICA

Just in from Scottish Government, 'Housing and Regeneration Newsletter':

"Published today, Achieving a Sustainable Future, Scotland's Regeneration Strategy sets out a £175 million programme of investment to support the country's most disadvantaged communities, transforming the prospects of the people who live there.

You can download the document from our website."

"Part of the regeneration investment set out in the strategy includes a £50 million SPRUCE Fund created with the European Commission and the European Investment Bank, through Scotland's JESSICA (Joint European Support for Sustainable Investment in City Areas) Fund, which is now open for business.

• Read more about SPRUCE and JESSICA "

North and South Planning Committee membership confirmed

As noted from links in Agenda (item 17) for forthcoming Highland Council Meeting

South Planning Applications Committee (19 Members)

Mr E Hunter (12) Mr B Wynd (18)

Mrs M Davidson (13) Mr L Fraser (19)

Mr H Wood (13) Mr A S Park (19)

Mr A Graham (14) Mr J Crawford (20)

Mrs J Campbell (15) Mr T Prag (20)

Mr D Kerr (15) Mr S Black (21)

Mr N Donald (16) Mr D Fallows (21)

Mr D Henderson (16) Mr D Cameron (22)

Mr J Gray (17) Dr M Foxley (22)

Mr R Balfour (18)

North Planning Applications Committee (17 Members)

Mr G Farlow (1) Mr M Rattray (7)

Mr D MacKay (2) Mr R Durham (8)

Mr G Smith (3) Mr P Cairns (9)

Mr D Bremner (4) Mr D Chisholm (9)

Mr R Coghill (4) Mr B Barclay (10)

Mr I Ross (5) Mrs I McCallum (10)

Mrs I Campbell (6) Mr H Fraser (11)

Mrs A Sinclair (6) Mr I Renwick (11)

Mr M Finlayson (7)

here and here