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Directorate for Planning and Environmental Appeals Telephone: 01324 696455 Fax: 01324 696444 E-mail: [email protected] Mr A Maxwell Dumfries & Galloway Council Development Planning Militia House, English Street Dumfries DG1 2HR Our ref: LDP-170-1 5 June 2014 Dear Mr Maxwell PROPOSED DUMFRIES AND GALLOWAY LOCAL DEVELOPMENT PLAN THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANNING) (SCOTLAND) REGULATIONS 2008 We refer to our appointment by the Scottish Ministers to conduct the examination of the above plan. Having satisfied ourselves that the authority’s consultation conformed with its participation statement, our examination of the plan commenced on 2 December 2013. We have completed the examination, and now submit our report, enclosing one bound copy. In our examination we considered all 30 issues arising from unresolved representations which were identified by the council. In each case we have taken account of the summaries of the representations and the responses, as prepared by the council, and the original representations, and we have set out our conclusions and recommendations in relation to each issue in our report. The examination process also included a comprehensive series of unaccompanied site inspections and, for some issues, we requested additional information from the council and other parties. We held three hearing sessions with regard to Issue 13 Infrastructure: Renewable Energy, Issue 17 Annan HMA District Centres and Issue 20 Dumfries HMA Dumfries Housing Sites. Subject to the limited exceptions as set out in section 19 of the Town and Country Planning (Scotland) Act 1997 and in the Town and Country Planning (Grounds for Declining to Follow Recommendations) (Scotland) Regulations 2009, the council is now required to make the modifications to the proposed local plan as set out in our recommendations. The council should also make any consequential modifications to the text or maps which arise from these modifications. Separately, the council will require to make any necessary adjustments to the final environmental report and to the report on the appropriate assessment of the plan.

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A letter will be issued to all those who submitted representations to inform them that the examination has been completed and that the report has been submitted to the council. It will advise them that the report is now available to view on the DPEA web site at: http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=94397 Paper copies of the report can be viewed at the council’s offices at Militia House, Dumfries, Kirkbank House, Dumfries and Sun Street, Stranraer and an electronic version can be viewed at all council libraries and that it will also be posted on the council’s website at: http://www.dumgal.gov.uk/index.aspx?articleid=11907 The documents relating to the examination should be retained on the council’s website for a period of six weeks following the adoption of the plan by the planning authority. It would also be helpful to know when the plan has been adopted and we would appreciate being sent confirmation of this in due course. Yours sincerely Allison Coard Robert W Maslin Richard M Hickman Reporter Reporter Reporter

Directorate for Planning and Environmental Appeals

REPORT TO DUMFRIES AND GALLOWAY COUNCIL

PROPOSED DUMFRIES AND GALLOWAY LOCAL DEVELOPMENT PLAN EXAMINATION

Reporters: Allison Coard MA MPhil MRTPI Robert W Maslin BA DipTP MRTPI Richard M Hickman CBE MA BA DipTP MRTPI Date of Report: 5 June 2014

CONTENTS Page No Examination of Conformity with Participation Statement 1 Issue 1. Overarching Approach to the Plan 4

2. Local Development Plan Vision 13

3. Spatial Strategy and Settlement Hierarchy 22

4. Overarching Policies 38

5. Economic Development 53

6. Tourism 73

7. Mineral Assets 89

8. Housing 108

9. Housing in the Countryside 124

10. Historic Environment 142

11. Natural Environment 157

12. Community Services and Facilities 183

13. Infrastructure: Renewable Energy 190

14. Infrastructure 252

15. Transport 263

16. Proposals Maps and Appendix 4: Glossary 267

17. Annan HMA District Centres 271

18. Annan HMA Local Centres 301

19. Eskdale HMA 315

20. Dumfries: Housing 320

21. Dumfries: Business and Industry, Retail and General Issues 368

22. Moffat 383

23. Lochmaben 429

24. Dumfries HMA District Centres 452

25. Dumfries HMA Local Centres 474

26. Mid Galloway HMA District and Local Centres 496

27. Stewartry HMA District Centres 523

28. Stewartry HMA Local Centres 551

29. Stranraer HMA District and Local Centres 609

30. A74(M) Business and Industry Sites 620

PROPOSED DUMFRIES AND GALLOWAY LOCAL DEVELOPMENT PLAN

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Examination of Conformity with the Participation Statement Introduction 1. Section 19(4) of the Town and Country Planning (Scotland) Act 1997 (as amended) requires the persons appointed by Scottish Ministers to examine the plan: “firstly to examine…the extent to which the planning authority’s actings with regard to consultation and the involvement of the public at large as respects the proposed plan have conformed with (or have been beyond the requirements of) the participation statement of the authority which was current when the proposed plan was published under section 18(1)a.” Considerations 2. The current participation statement is contained within the Development Plan Scheme 4th edition - published in October/November 2012. Table one below details the council’s intentions as contained in this document. The second column details the actions the council carried out as summarised from its Statement of Conformity with its Participation Statement; July 2013. Table 1: Comparison of the authority’s current Participation Statement with its Statement of Conformity. Summary of Current Participation as published October/November 2012

Summary of Council’s Statement of Conformity with the Participation Statement; July 2013.

Notify Community Councils and groups, private and public sector, Key consultation agencies and Scottish Ministers

186 letters and 648 emails were sent to those on the consultation database. A copy of the plan was sent to 86 Community Councils, 7 neighbouring Local Authorities, 8 Key agencies and Scottish Ministers. A notice was placed on the Council staff January’s 2013 pay slips to inform 7,000 employees of the public consultation process.

Advertisements in all local newspapers. A statutory advert for the Proposed Local Development Plan was prepared and published in all local newspapers.

Publish documents and forms on the Council’s website

A dedicated web page was developed on the Council’s website and updated at each stage of preparing the Plan. The web page featured all the consultation documents and a link to submit a representation as well as a downloadable representation form. The Local Development Plan webpage received 2,123 unique views from the 28 January - 11 March 2013. In total 1,141 representations concerning the Proposed Local Development Plan were received.

Provide paper copies at libraries and Council planning offices

The Proposed Plan and associated documents were all delivered to each of the 24 libraries and 2 mobile libraries throughout the region. A briefing note was prepared to inform library staff of the process and documents provided.

Media will be used to raise awareness – this will include press releases, newspaper features, adverts and articles, for example, in the Council’s ‘Broadcast’ publication which is sent to every household.

In January 2013, a press release was sent to all of the local newspapers in Dumfries and Galloway. Four of these newspapers ran a feature detailing the Proposed Plan consultation process. There was an article on the Plan and associated public consultation in the Council’s ‘Broadcast’ publication (November 2012 edition) which is sent to every household in the region.

Hold six information days across the region.

Six information sessions were held at venues throughout Dumfries and Galloway.


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Meet with community groups and other interested parties where appropriate.

Work was carried out with Planning Aid for Scotland in the delivery of four community council training sessions The Development Planning team were available to take calls and meet with members of the public during office hours.

Notify owners, occupiers and neighbours within 20 metres of certain sites which the proposed plan specifically proposes to be developed.

All owners, lessees or occupiers (within 20 metres) of allocated sites within the Proposed Plan were identified and notified by letter. A total of 2,680 neighbour notification letters were sent to neighbours of proposed housing and business and industry sites allocated in the Plan. 226 notification letters were sent to landowners of sites being allocated in the Plan.

3. We have also considered the twelve representations received which question the council’s consultation process. These raise the following issues:

Material information has been omitted in the public consultation, and should have been made available so the public could properly assess the council's site selection process. If in fact there is insufficient supporting analysis, then the site selection process is undermined.

The Council has not undertaken a sufficiently rigorous process in relation to the

promotion of the site at Ladyfield (DFS.H5), which should have been undertaken given the Council's interest in that site.

Land owner was not consulted directly by the Council during the process.

The Proposed Local Development Plan consultation period should have been

extended

Question as to whether correct procedures regarding notification were followed.

Concern that the 6 week period given takes no account of the ways Community Councils operate and allows no time for consultation with their constituents.

Plain English should have been used as the use of jargon and management speak

makes it difficult, if not impossible in parts, to comprehend what officers are aiming to achieve.

Concern that no information session was held in Kirkcudbright.

Reporters’ Conclusion 4. Specific matters raised in representations which question the appropriateness or effectiveness of particular sites are addressed through stage 2 of the examination. The council’s wider process and procedures, other than those stated within the remit of paragraph 1 above, do not fall within the scope of this examination. 5. With regard to the notification procedures, the council only stated its intention to notify relevant parties for allocated sites. There is no requirement to extend this to everyone who suggested alternative sites. A six week consultation is in accordance with Circular 6/2013: Development Planning which states “the authority must allow at least six weeks for representations to be made.” The council explains its use of plain English but this was not a matter specifically set out in its participation statement. Whilst consultations


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were not carried out in every community the council carried out its stated intention to hold six information sessions. 6. Having reviewed the information summarised above we find that the council’s stated actions reflect or indeed exceed the intentions it set out in its current participation statement. There is nothing in the submitted representations to demonstrate otherwise. We therefore proceed to examine the issues raised in representations on the proposed plan.


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Issue 1 Overarching Approach to the Plan

Development plan reference:

Chapter 1 (pages 2-4): Introduction – paragraphs 1.1–1.5; How to Use the Plan –paragraphs 1.6–1.8; Overarching Approach to the Plan – paragraphs 1.9–1.13

Reporter: Allison Coard

Body or person(s) submitting a representation raising the issue (including reference number): John Clark (0165.006) RSPB Scotland (0219.008) Portpatrick Community Council (0237.003) Galloway Landscape & Renewable Energy (0238.004) Ruthwell & Clarencefield Community Council (0315.002) Scottish Water (0317.003) William H R Crawford (0504.005) Everris Ltd (0558.001) Penelope Coles (0607.003) (0607.010) (0607.014) Rae Leigh (0608.022) Stuart Coles (0624.005) Elaine Procter (0661.005) Trevor Procter (0662.005) David Marshall (0737.001) Caroline Pridham (0739.001) Matthew Procter (0744.002) Miriam Procter (0745.002) Hilary Craig (0761.001) John F Craig (0762.001) Woodland Trust Scotland (0784.001) Nicholas Procter (0789.006) Penny Jones (0808.001) Provision of the development plan to which the issue relates:

Introduction/Context, How to Use the Plan and Overarching Approach to the Plan

Planning authority’s summary of the representation(s): Introduction – Map 1: Location of Dumfries and Galloway in UK Everris Ltd (0558.001) - There is an error in Map 1 (pg2). The label “Ireland” should be removed from the image, and the name “Northern Ireland” used to correctly identify the most westerly part of the UK. Introduction – paragraph 1.3 Penelope Coles (0607.014) - Only one LDP should be used to determine planning applications at one time. A proposed plan that has not been through the consultation processes and approved by elected members, should not be used. It has no validity until formally adopted. How to Use the Plan John Clark (0165.006) - There are far too many ambiguous policies throughout the LDP that would allow some development through interpreting policies in a favourable interpretation sometimes and yet refuse a similar application by a different interpretation of policies another time. Why do we need as many policies and so much wording? Please could we have far less


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policies and much simpler wording of policies so not to have developments set against so many policies. David Marshall (0737.001) - In a small community like Dunscore the Plan has no detailed guidance as to particular policies, the area being mainly covered by supplementary guidance. As most of the significant planning issues that arise in this rural community are mainly covered by guidance statements on housing and windfarm developments to name but two we have no opportunity to see what is being specifically considered. I also am informed that not all supplementary guidance is as yet complete and available for consideration. Equally a significant numbers of the policy statements have sufficient obfuscation clauses included that allow discretion. Much of the policy is quite sensible but somewhere buried in the interrelated statements will be quite undesirable details but for a volunteer, lay person to see and consult opinion on these with all the future ramifications is virtually impossible especially in the timescale provided. Overarching Approach to the Plan – paragraph 1.9 Woodland Trust Scotland (0784.001) - This paragraph fails to mention the Dumfries and Galloway Forestry and Woodland Strategy. Without a published Forestry and Woodland Strategy to refer to it is impossible to make meaningful comment about the LDP’s commitment to protecting and enhancing woodlands or to ascertain whether or not the LDP is in keeping with policy at a National level. Overarching Approach to the Plan – paragraph 1.10 Woodland Trust Scotland (0784.001) - This paragraph should define 'sustainable development' for reference while reading the Plan. Rae Leigh (0608.022) - As it is important to protect what we have the statement "creating high quality places" should be changed to "creating and maintaining high quality places". Overarching Approach to the Plan – paragraph 1.11 Penelope Coles (0607.010) – Change second line in paragraph 1.11 to read as follows "a principal challenge to sustainable economic growth". Overarching Approach to the Plan – paragraph 1.12 Woodland Trust Scotland (0784.001) - In the absence of a published Forestry and Woodland Strategy, some overarching commitment should be made to woodland protection and enhancement. Scottish Water (0317.003) - Support reducing flood risk and the use of SUDS and welcome the efficient use of and maximisation of existing infrastructure. Support the list of broad principles followed when identifying sites for development. Galloway Landscape & Renewable Energy (0238.004) - Development in areas of non-degraded peat and raised bog should be added to the list of broad principles. Penny Jones (0808.001) - If reducing carbon emissions is a key element of sustainable development as stated in the plan, endorsing wind farm development is counter to the Scottish Government and Councils policy.


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Portpatrick Community Council (0237.003) - Welcome the commitment of the Dumfries and Galloway Council to ensure that, “All development proposals should support sustainable development”. Would welcome a further commitment ensuring that these policies will be demonstrated, in practice, in the future. Overarching Approach to the Plan – paragraph 1.13 Woodland Trust Scotland (0784.001) - The fifth bullet point is unclear and confusing. Does this mean that development should promote an atmosphere of promoting access to open spaces etc? Nothing here indicates that the environment should be protected in the first instance, and that development should enhance and promote access to open space, green networks and recreational opportunities. RSPB Scotland (0219.008) - This paragraph doesn’t mention biodiversity. Section 130 of Scottish Planning Policy includes reference to the protection, creation and enhancement of ‘wildlife habitats’ in association with green corridors. The duty to protect and enhance biodiversity should be a guiding principle of the local plan. Ruthwell & Clarencefield Community Council (0315.002) - No mention is made of the ability to adapt new properties to enable ageing residents to remain in their own home rather than having to move. Matthew Procter (0744.002); William H R Crawford (0504.005); Caroline Pridham (0739.001); Miriam Procter (0745.002); John F Craig (0762.001); Stuart Coles (0624.005); Elaine Procter (0661.005); Trevor Procter (0662.005); Hilary Craig (0761.001); Nicholas Procter (0789.006); Penelope Coles (0607.003) - The health, safety and well being of residents should be a principle considered in assessing all developments in Dumfries and Galloway. Modifications sought by those submitting representations: Introduction – Map 1: Location of Dumfries and Galloway in UK Everris Ltd (0558.001) - The label “Ireland” should be removed from the image, and the name “Northern Ireland” used to correctly identify the most westerly part of the UK. Introduction – paragraph 1.3 Penelope Coles (0607.014) - Remove second sentence from paragraph. How to Use the Plan John Clark (0165.006) - No specific change requested. David Marshall (0737.001) - No specific change requested. Overarching Approach to the Plan – paragraph 1.9 Woodland Trust Scotland (0784.001) - No specific change requested. Overarching Approach to the Plan – paragraph 1.10 Woodland Trust Scotland (0784.001) - Include a definition of sustainable development in this paragraph. Rae Leigh (0608.022) - Change "creating high quality places" to "creating and maintaining high quality places".


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Overarching Approach to the Plan – paragraph 1.11 Penelope Coles (0607.010) – Change second line in paragraph 1.11 to read as follows "a principal challenge to sustainable economic growth" Overarching Approach to the Plan – paragraph 1.12 Woodland Trust Scotland (0784.001) - Include text that makes an overarching commitment to woodland protection and enhancement. Galloway Landscape and Renewable Energy (0238.004) - Add following bullet point “avoid developments in areas of non-degraded peat and raised bog”. Penny Jones (0808.001) - A more realistic approach is required. Portpatrick Community Council (0237.003) - No change requested. Overarching Approach to the Plan – paragraph 1.13 Woodland Trust Scotland (0784.001) - Clarification required. RSPB Scotland (0219.008) - Suggest the fifth bullet re-worded to read as follows “enhance and promote the environment of, and access to, open space, green ecological networks, biodiversity and recreational opportunities.” Additional words in bold. Ruthwell &Clarencefield Community Council (0315.002) - Add bullet point about to enable ageing residents to remain in their own home rather than having to move. Matthew Procter (0744.002); William H R Crawford (0504.005); Caroline Pridham (0739.001); Miriam Procter (0745.002); John F Craig (0762.001); Stuart Coles (0624.005); Elaine Procter (0661.005); Trevor Procter (0662.005); Hilary Craig (0761.001); Nicholas Procter (0789.006); Penelope Coles (0607.003) - Add following bullet point “consider the health, safety and well-being of residents.” Summary of responses (including reasons) by planning authority: Introduction – Map 1: Location of Dumfries and Galloway in UK Everris Ltd (0558.001) - The labels used on the location map are considered to be correct as they reflect the geographical situation in the United Kingdom. No modification proposed to the plan. Introduction – paragraph 1.3 Penelope Coles (0607.014) -As the Proposed Local Development Plan is a “step in the process” towards the adopted Local Development Plan the second sentence will be removed from the plan once the Local Development Plan is adopted. This is considered to be a factual change to the plan to take account of a technical matter. How to Use the Plan John Clark (0165.006) - Comments are noted. However, the number of policies in the Proposed Plan has been significantly reduced from the number of policies in the current Development Plan (core documents 18, 19, 20, 22 and 23). The policies have been worded positively and flexibly which enables each proposal to be considered on its own merits. It is also considered that the plan contains sufficient policies to enable planning applications to be determined. No modification proposed to the plan.


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David Marshall (0737.001) – Comments are noted. Paragraph 5 of Circular 1/09 (core document 03) states that development plans should be succinct. One way of achieving this is to remove the detail from the plan and put into supplementary guidance which can be adopted alongside and have the same status as the Plan. Development proposals that come forward in Dunscore will primarily be assessed against Policy H3 and associated supplementary guidance and windfarm proposals will be assessed against Policy IN2 and associated supplementary guidance. Both these pieces of supplementary guidance have been issued for consultation. Future pieces of supplementary guidance will be prepared and issued for consultation when resources permit. The policies have been worded positively and flexibly which enables each proposal to be considered on its own merits on a case by case basis which is a fundamental principle of the planning system. It is also considered that the plan contains sufficient policies to enable planning applications to be determined. No modification proposed to the plan. Overarching Approach to the Plan – paragraph 1.9 Woodland Trust Scotland (0784.001) - Although the Dumfries and Galloway Forestry and Woodland Strategy (core document 75) is not included in the list of documents it has been issued for consultation and will be a material consideration by the time the plan is adopted. No modification proposed to the plan. Overarching Approach to the Plan – paragraph 1.10 Woodland Trust Scotland (0784.001) - A definition is included in the glossary to the plan. No modification proposed to the plan. Rae Leigh (0608.022) - The policies contained in the plan do not aim to maintain high quality places, instead they aim to protect and/or enhance. To add the text suggested by the representor would not be in keeping with the rest of the plan. No modification proposed to the plan. Overarching Approach to the Plan – paragraph 1.11 Penelope Coles (0607.010) - Comments noted. The word “of” should be changed to “to”. This is considered to be a factual change to the plan to take account of a drafting error. Overarching Approach to the Plan – paragraph 1.12 Woodland Trust Scotland (0784.001) - The plan contains a number of policies and statements which aim to provide protection and enhancement to woodland. No modification proposed to the plan. Galloway Landscape & Renewable Energy (0238.004) - The list of broad principles listed in this paragraph have incorporated some of the broad principles set out in paragraphs 38 and 39 of Scottish Planning Policy (core document 02). To include non-degraded peat and raised bog in the list would be too specific. No modification proposed to the plan. Penny Jones (0808.001) - Neither this paragraph or the plan as a whole endorses wind farm developments. The plan outlines a range of measures that can be used to support sustainable development. No modification proposed to the plan.


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Portpatrick Community Council (0237.003) - Planning legislation requires planning authorities to monitor the impact of policies and proposals of the Local Development Plan over time. Following adoption of the plan and before the Council begins work on a new Local Development Plan a monitoring statement will be produced which will focus on the impact the adopted plan has had on the area and whether the objectives and vision of the plan have been realised. No modification proposed to the plan. Overarching Approach to the Plan – paragraph 1.13 Woodland Trust Scotland (0784.001) - The plan acknowledges that there is a vast network of green spaces across the region and that the development of a green network strategy will be ongoing throughout the plan period. In order to support development it is considered the fifth bullet point should remain. It is not considered appropriate that the bullet point should be re-worded so that the environment is protected in the first instance as there are some examples where the proposed approach may not be the best course of action. No modification proposed to the plan. RSPB Scotland (0219.008) - The paragraph contains a list of broad principles that should be incorporated into all developments. The need to respect, protect and/or enhance biodiversity has been included in the list of development considerations in Policy OP1 which is considered the appropriate place for such a requirement to be located. No modification proposed to the plan. Ruthwell & Clarencefield Community Council (0315.002) -The last bullet point in the paragraph requires consideration is given to future proofing the development to accommodate any future changes. Within the remit of planning it is considered that the final bullet point would cover the points raised in the representation. No modification proposed to the plan. Matthew Procter (0744.002); William H R Crawford (0504.005); Caroline Pridham (0739.001); Miriam Procter (0745.002); John F Craig (0762.001); Stuart Coles (0624.005); Elaine Procter (0661.005); Trevor Procter (0662.005); Hilary Craig (0761.001); Nicholas Procter (0789.006); Penelope Coles (0607.003) - A general recognition of affects on health, well-being and safety is a part of the understanding of amenity in Policy OP1a) General Amenity. However, specific identified concerns under these headings are covered under other regulatory regimes which it would not be appropriate for planning policy to seek to duplicate. No modification proposed to the plan. Reporter’s conclusions: Introduction – Map 1: Location of Dumfries and Galloway in UK 1. This is not a substantive issue but rather a map label which has no bearing on the strategy or policies of the proposed plan. I am content to leave it to the council to decide whether to re- label the map or leave as “Ireland”. Introduction – paragraph 1.3 2. Whilst the law gives weight to the adopted development plan, emerging policy and proposals can have a bearing on decision making. The Act requires decisions to be made in accordance with the development plan unless other material considerations indicate otherwise. The weight to be accorded to emerging plans will vary according to the stage they are at in the process towards adoption. In any event, this representation relates to the decision making process rather than to


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the content of this plan and these are not issues I can address through this examination. How to Use the Plan 3. I appreciate that the plan should be clear and easy to use avoiding ambiguity wherever possible. However, the plan covers a wide range of issues and eventualities. Scottish Planning Policy provides a framework to guide the content of development plans. This explains the wide range of issues to be addressed and the complexity of the issues arising. 4. Planning is a difficult balance between often competing objectives. Specific matters relating to clarity and wording are assessed where raised in relation to policies and text within the plan. In general, I find the plan strikes a suitable balance between brevity, clarity and the need to address the full range of local development planning issues. An element of discretion is built into the policy framework as ultimately the planning system requires each case to be considered on its merits, in the context of the development plan and other material considerations. 5. I accept that the absence of defined proposals or boundaries for the villages makes the plan less immediately transparent for rural communities. However, rural development tends to be more organic in nature and it is less easy to predict likely demand. There are no specific proposals for windfarms or housing development in the villages so little could be shown in map form. An appropriate policy framework allows more flexibility to respond to specific development proposals in these villages. Matters relating to the housing allocation and other issues in the villages are addressed separately in the context of the relevant issue. 6. Some supplementary guidance has yet to be prepared and other guidance is only available in draft form. Where supplementary guidance is to be relied on the necessary principles should be established in the plan. We have assessed these issues where raised in representation in relation to specific policies and proposals. I have addressed the discretionary nature of policies above. Overarching Approach to the Plan – paragraph 1.9 7. The Dumfries and Galloway Forestry and Woodland Strategy (Core Document 75) has been submitted to the examination and I understand it has been issued for consultation. Paragraph 139 of Scottish Planning Policy recognises that Forestry and Woodland Strategies are a suitable topic for inclusion as Supplementary Guidance. I note the council state that the document will in any event be a material consideration. However, given that it is not intended to give this the status of Supplementary Guidance I think a specific reference to it is required in order to afford it some appropriate weight as a relevant consideration. 8. The documents referred to in paragraph 1.9 are national planning policy and higher level council strategies that set a strategic context for the plan. I am not persuaded that a reference here would be appropriate. Whilst not explicitly stated, the council’s site assessment and Strategic Environmental Assessments demonstrate that the protection of woodland has been a due consideration in preparation of the plan. In addition, Policy NE7: Trees and Development with recommended modification through Issue 11 includes a specific commitment to consider the maintenance of trees and woodlands (in particular ancient and semi-natural woodlands) in assessing development proposals. 9. Reference is also made in Policy NE7 to the Forestry and Woodland Strategy and this appears a more appropriate place to give due weight to its consideration. As it stands the policy appears to limit this consideration to proposed replacement planting. This reference could be expanded to clarify that the strategy is relevant in the consideration of all proposals likely to impact on the woodland resource. This matter is specifically addressed through Issue 11. With this change, and given that the plan should be read as a whole, I do not recommend any further change to paragraph 1.9.


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Overarching Approach to the Plan – paragraph 1.10 10. Given that sustainable development is defined in the glossary I do not find it necessary to repeat this again in paragraph 1.10. 11. I agree with Rae Leigh that it is important to protect what we have but I find that there is sufficient provision in the plan, when read as a whole, to address this matter without the need to add additional wording in this section. Overarching Approach to the Plan – paragraph 1.11 12. I agree with the council and Penelope Coles that this drafting issue should be corrected and have recommended accordingly – Change second line in paragraph 1.11 to read as follows "a principal challenge to sustainable economic growth". Overarching Approach to the Plan – paragraph 1.12 13. The plan is a land use plan but its primary function is to direct development to appropriate locations. As such it has limited ability to address protection and enhancement of woodland outwith the context of sites allocated for development in the plan or through development management policies designed to secure appropriate development. As stated above, the plan should be read as a whole and I find Policy NE7 (with recommended modification) sufficient in this respect. In addition, I note that the development guidance for particular sites includes references to the protection of existing landscape features where this is a relevant consideration. 14. Paragraph 1.12 includes broad principles of sustainable development. In a similar vein to the issue of woodlands, the plan should be read as a whole and I consider that this more detailed matter is addressed elsewhere in the plan through Policy ED15: Protection and Restoration of Peat Deposits as ‘Carbon Sinks’. 15. Renewable energy does contribute to reducing carbon emissions and Scottish Planning Policy recognises the positive contribution that such development can make in this respect. I find no justification to amend paragraph 1.12 in this respect. 16. I recognise that whilst the council’s commitment to support sustainable development is expressed through the plan, the success of this will be assessed when development is delivered on the ground. I can only assess the issues raised in representation and the sufficiency of the strategy and policies of the plan. The implementation of the strategy and the plan policies fall to the council to address and monitoring will be important in this respect. Overarching Approach to the Plan – paragraph 1.13 17. I agree with the Woodland Trust that the fifth bullet point in so far as it states “enhance and promote the environment of and access to open space” is unclear. It leaves some ambiguity as to whether the intention is to enhance and promote the environment and to enhance and promote access to open space or simply to enhance and promote open space provision and access to it. However, the council’s response clarifies that promotion and enhancement relates specifically to a green network strategy, including open space and recreational opportunities. Consequently, I have recommended a slight amendment to the wording. 18. As the plan is to be read a whole, I am content that the issue of biodiversity is addressed elsewhere in the plan and specifically through Policy OP1 section d) which as an over-arching policy gives this important matter appropriate weight. 19. I note the points raised by Ruthwell & Clarencefield Community Council in relation to adapting new properties to enable ageing residents to remain in their own home. Whilst the council refer to future proofing development in the final bullet point of this paragraph this perhaps


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applies more to technology and infrastructure than the adaptability of housing. There is nothing in the plan that should inhibit this although it is primarily a matter for the building control regulations. Policy H6 addresses particular needs housing and I consider that the focus here on new housing could be expanded to include adaptions to the existing housing stock. Accordingly, I have recommended a change to the first sentence of this policy. 20. I agree that the health, safety and wellbeing of residents should be a principle consideration in assessing all developments in Dumfries and Galloway. However, the plan must focus on those matters that can be addressed through the planning system. The plan addresses residential amenity issues through Policy OP1 a). Active forms of travel with corresponding health benefits and safety are considerations in Policy OP2. These matters are also reflected in other more specific subject based policies within the plan. Consequently, I have not recommended any change to the plan given that this matter is already sufficiently addressed. Reporter’s recommendations: I recommend that the following modifications be made. 1. On page 3 amend the second line in paragraph 1.11 to read: "a principal challenge to sustainable economic growth". 2. On page 4 amend the 5th bullet point of Paragraph 1.13 to read: Enhance the environment of, and protect access to, open space, green networks and recreational opportunities. 3. On page 30 amend the first sentence of Policy H6 to read: The Council will support proposals for particular needs housing and accommodation (including adaptations to the existing housing stock) for people with particular needs such as housing for the frail, elderly and those with special and varying needs.


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Issue 2 Local Development Plan Vision


Chapter 2: Local Development Plan Vision, pages 5-6


Body or person(s) submitting a representation raising the issue (including reference number): Wind Energy Newfield Ltd (0180.007) SSE plc (0180.008) Burcote Wind Ltd (0180.009) RSPB Scotland (0219.020) Architectural Heritage Society Scotland (0245.004) Wigtown & District Community Council (0284.003) The Crichton Trust (0298.002) (0298.004) (0298.005) Loreburn Housing Association (0308.002) Ruthwell & Clarencefield Community Council (0315.002) Scottish Natural Heritage (0321.005)

Lincluden Estate & Muil Farm (0334.003) Buccleuch Estates Ltd (0334.004) CWP Property & Investment/Gleniffer Estates plc (0428.004) Martin Robertson (0472.003) M Thomson (0668.011) The Crichton Foundation (0671.002) (0671.003) Infinergy (0722.001) REG Windpower (0722.002) Colin Mitchell (0751.001) Messrs Clanachan (0782.004) Woodland Trust Scotland (0784.001) Penny Jones (0808.002)

Provision of the development plan to which the issue relates:

Broad statement of how the development of the area could and should occur, covering a period of 20 years.

Planning authority’s summary of the representation(s): Vision Wind Energy Newfield Ltd (0180.007); SSE plc (0180.008); Burcote Wind Ltd (0180.009) - The overall vision makes no mention of combating the effects of climate change or to the promotion of renewable energy development. RSPB Scotland (0219.020) - There is considerable work underway by a range of organisations in partnership with local businesses to enhance and promote the natural riches of Dumfries & Galloway as a means of sustainably growing the local economy through nature based tourism. The UNESCO Galloway and Southern Ayrshire Biosphere Reserve acknowledge the world class status of the natural heritage of the area, and this should be recognised in the local plan vision. Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) - The vision in respect of the natural and historic environment needs to be improved and wording is suggested. Wigtown & District Community Council (0284.003) - Support the vision. Emphasis on improving connectivity is especially welcome, and should be strengthened. Loreburn Housing Association (0308.002) - Support the vision as set out in the proposed plan. Ruthwell & Clarencefield Community Council (0315.002) - The vision for distinctive landscapes does not reconcile with the proliferation of wind farms particularly in areas close to designated dark skies and high scenic amenity areas. Scottish Natural Heritage (0321.005) - Support the vision of the proposed plan.


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M Thomson (0668.011) - The current vision cites actions that if pursued may promote a better quality of life but the overall aim is not clearly mentioned. The overarching purpose of the LDP needs to be stated. The LDP should help deliver community wellbeing and protection of our natural environment, while supporting sustainable economic development. These should be key aims in any plan. Colin Mitchell (0751.001) - The vision is a good statement of how the region should be developed. Improved Broadband is needed to achieve the aspiration to have more businesses and people working from home. There needs to be more opportunities to meet locally arising need for housing for the elderly. There is real and growing concern about the number of windfarms proposed for Dumfries and Galloway and the impact they might have on the distinctive landscape of the region. Messrs Clanachan (0782.004) - Support the vision of the proposed plan. Woodland Trust Scotland (0784.001) - Support the vision of the plan. However, it is important to recognise the value of native woodland over non-native coniferous plantation, and the protection and enhancement of existing native and Ancient Woodland, as part of a viable rural economy. Penny Jones (0808.002) - An admirable vision but the plan does not provide the framework and tools with which to achieve it. Sustainable principles will not safeguard the regions landscape from wind turbines. Questions sustainability of overall vision. Viable rural economy and community Lincluden Estate & Muil Farm (0334.003); Buccleuch Estates Ltd (0334.004) - Some of the bullet points are potentially at odds with each other. No guidance is given at all as to which consideration is to prevail when conflict arises. Landscape and the environment that should prevail where there is any demonstrable conflict that cannot be properly mitigated (so as to create no significant residual effects). Infinergy (0722.001); REG Windpower (0722.002) - The LDP Vision is a positive one which aspires towards sustainable growth in the region. The renewable energy bullet point could go further by embracing a fully renewable-friendly stance which would enable Dumfries and Galloway itself to occupy a ‘niche’ place within Scotland and amongst Local Authorities. This would allow the area to benefit from significant inward investment and assist the aims of achieving a vibrant and sustainable Local Authority area. The Crichton Trust (0298.005) - Restatement of the aims as suggested of the Development Plan’s Vision would give more appropriate emphasis to the central priority of the further development and expansion of the University campus as a key driver of the regional economy. The aims would support the subsequent references to the importance of the Crichton Quarter at paragraph 3.11, page 8 and at Policy ED3, page 19. The South of Scotland Competitiveness Strategy 2007-13 and “Continuing to Meet the Challenge” (2009) supports the Theme - South of Scotland Knowledge Economy which stresses the importance of the development of the academic campus in Dumfries in its own right as a driver of the local economy. The Action Plan 2009-10 identifies the short term priority as the development of the economic role of the higher/further education campus and the objective of increasing the wider economic impact of campus operations, working with partners to increasingly understand the ways in which South of Scotland Alliance can support the higher/further education institutions develop and support regional competitiveness. The Cogent SI Study undertaken in 2006/7 into the economic impact of the Crichton found that, at that time, the development of higher education, business and conference services was contributing over £300 million per annum to the region’s economy.


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Successful Regional Capital in Dumfries Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) - Reference should be made to the range of education opportunities there are in Dumfries and its role in the wider area. The Crichton Trust (0298.004) - Appropriate reference should be made to the policy to develop Dumfries as a learning town. The Crichton Trust (0298.005) - Restatement of the aims as suggested of the Development Plan’s Vision would give more appropriate emphasis to the central priority of the further development and expansion of the University campus as a key driver of the regional economy. The aims would support the subsequent references to the importance of the Crichton Quarter at paragraph 3.11, page 8 and at Policy ED3, page 19. The Crichton Foundation (0671.002) - The LDP should recognise that these are exciting times for the Crichton because much thought is being given to the future shape of Secondary Education in Dumfries burgh and the Scottish Government has been considering major changes in the delivery and support of Further Education across Scotland. The Crichton Trust (0298.002); The Crichton Foundation (0671.003) - A heritage led approach has been adopted to date for the regeneration of the Crichton to find new uses for redundant buildings. It is essential that there is a balance in favour of regeneration and re-use. Ruthwell & Clarencefield Community Council (0315.002) - To realise the vision for a vibrant town centre in Dumfries where individual specialist shops are needed and should be encouraged. CWP Property & Investment/Gleniffer Estates plc (0428.004) - Easy access to a choice of retail convenience goods, particularly for main food shopping, is a fundamental contribution to a high quality of life. Both easy access and choice allow residents (and visitors) to meet day-to-day shopping requirements for food, drink and other essentials in a manner that is affordable. It is important that all sectors of the community are given this access. Modifications sought by those submitting representations: Vision Wind Energy Newfield Ltd (0180.007); SSE plc (0180.008); Burcote Wind Ltd (0180.009) - The overall vision would benefit from an additional inclusion regarding combating the effects of climate change through supporting renewable energy development, as appropriate, within the Council area. RSPB Scotland (0219.020) - Suggest a reference to the expansion of nature based tourism and Dumfries & Galloway, including the UNESCO designated biosphere, becoming established as a nationally important destination for enjoyment of the natural environment. Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) - Suggest first sentence replaced with the following: “It will be a thriving region with a sustainable economy built on sustainable principles that safeguard the landscape, with its natural and historic environment and their views and surroundings, protected from damaging development, will promote growth, maximise the use of existing infrastructure and enhance connectivity.” Wigtown & District Community Council (0284.003) - No change requested. Ruthwell & Clarencefield Community Council (0315.002) - A further review, preferably leading to a moratorium, on the installation of wind farms in the whole of the area.


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M Thomson (0668.011) - The vision statement should include an ambition to promote a "good quality of life" for communities and individuals living in Dumfries and Galloway. This is best placed by adding a new first sentence saying: "It will be a good place to live." Colin Mitchell (0751.001) – No change requested. Woodland Trust Scotland (0784.001) - Would like to see recognition in the plan of Ancient Woodland as a landscape feature that not only makes up part of the historic environment, but by virtue of its age is itself historic, and gives context and sense of place to archaeology and other features in the historic environment, and as such warrants protection. Penny Jones (0808.002) - The plan should refer to the importance of protecting the countryside from development in order to help deliver more recreational activity. It should also emphasise the importance of protecting and caring for all its natural assets. A coastal path and heritage paths should be added to the facilities to be created. Viable rural economy and community Lincluden Estate &Muil Farm (0334.003); Buccleuch Estates Ltd (0334.004) - The seventh bullet point should be amended to make it clear that what is being referred to is a range of renewable energy developments of a form and location that complies fully with the Local Development Plan policies. Infinergy (0722.001); REG Windpower (0722.002) - Add text to the vision to reflect not only that towns should play specific roles but that the entire region, or at least sub-areas, has a potential to play specific roles. The first point of the vision (…a range of renewable energy developments) should go further by embracing a fully renewable-friendly stance within the vision. The Crichton Trust (0298.005) - Insert new bullet point: “Ready access to higher education and opportunities for knowledge transfer”. Successful Regional Capital in Dumfries Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) - Add extra bullet point to A successful Regional Capital in Dumfries: ‘A full range of educational opportunities’ The Crichton Trust (0298.004) - Reference should be made to the policy to develop Dumfries as a learning town. The Crichton Trust (0298.005) - Insert new first bullet point; “A thriving and vibrant University Campus at the Crichton as a key economic driver for the regional economy.” The Crichton Foundation (0671.002) - The Local Development Plan Vision should be clarified to ensure that due emphasis is given to the role of higher and further education as a regional economic driver. This should be recognised as a point which characterises a viable rural economy and also characterises a successful Regional Capital. The Crichton Trust (0298.002); The Crichton Foundation (0671.003) - Replace “Conservation led approach to regeneration of the historic environment” with: “Heritage led approach to the regeneration of the historic environment ensuring that new uses are found for redundant buildings”. Ruthwell & Clarencefield Community Council (0315.002) - Do something radical and offer business rate holidays for new start-ups, re-introduce cars and short term free parking with removed street furniture to allow people and cars to co-exist.


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CWP Property & Investment/Gleniffer Estates plc (0428.004) - Insert an additional bullet under “A successful Regional Capital….” Easy access to a wide choice of shops to meet shopping needs, in particular to supermarkets and/or superstores that meet main food shopping requirements. Summary of responses (including reasons) by planning authority: Vision Wind Energy Newfield Ltd (0180.007); SSE plc (0180.008); Burcote Wind Ltd (0180.009) - The comments regarding climate change are noted. However, the representor is looking for them to be linked to the support for renewable energy development. The vision needs to be read as a whole and there are bullet points under the viable rural economy heading that make reference to a range of renewable energy developments. This is considered to be sufficient detail for the plan’s Vision. No modification proposed to the plan. RSPB Scotland (0219.020) - paragraph 14 of Planning Circular 1/09: Development Planning (core document 03) states that “The Vision should provide a realistic expression of what the plan area could be like in 20 years time and a useful springboard for the spatial strategy of the plan.” The modification proposed would be acknowledging what has happened rather than how the region could look it 20 years time. No modification proposed to the plan. Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) - The level of detail proposed by the representor is not considered appropriate to include in the vision. It is considered that the policies in the proposed plan that deal with the natural and historic environment already adequately make this provision. No modification proposed to the plan. Wigtown & District Community Council (0284.003); Colin Mitchell (0751.001) - Work on improving digital connectivity across Dumfries and Galloway is being progressed by the South of Scotland Alliance Project Group. This group comprises the Dumfries and Galloway and Scottish Borders Councils, Health Boards and Scottish Enterprise. An update on the progress being made by the group is contained in their quarterly update (core document 84). No modification proposed to the plan. Ruthwell & Clarencefield Community Council (0315.002) - Comments are noted. However it is not possible to impose a moratorium on the installation of wind farms in the region. No modification proposed to the plan. M Thomson (0668.011) - The Vision tries to balance the quality of life of residents with appropriate economic growth and development in a sustainable manner. It is considered that the Vision encompasses this aspiration. No modification proposed to the plan. Colin Mitchell (0751.001) – Comments made are noted. There are specific policies in the plan for special needs housing and windfarm developments. No modification proposed to the plan. Woodland Trust Scotland (0784.001) - A definition of the woodland resource is contained in the glossary and includes reference to ancient woodland.The comment made in the representation is


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considered too detailed to include in the Vision. No modification proposed to the plan. Penny Jones (0808.002) - The plan has to promote and facilitate development whilst at the same time protecting and enhancing the natural and built environment. It has a balancing role to play when doing this and cannot prioritise the protection of one element at the expense of another. No modification proposed to the plan. Viable rural economy and community Lincluden Estate & Muil Farm (0334.003); Buccleuch Estates Ltd (0334.004) - The text in paragraph 1.6 of the plan makes it clear that the plan needs to be read as a whole and that individual policies do not set out the whole picture. It is not possible to set out a hierarchy of policies as each proposal needs to be considered on its own merits. If the text suggested in the modification was to be added to this bullet point it could be argued that it should be added to all bullet points and this is not considered appropriate or necessary. No modification proposed to the plan. Infinergy (0722.001); REG Windpower (0722.002) - Comments are noted. However, it is considered that the Vision as currently written covers the whole region in sufficient detail. To expand the renewable energy bullet point as suggested in the representation could give the impression (perhaps incorrectly) that the whole of the region is suitable and/or able to accommodate renewable energy developments. No modification proposed to the plan. The Crichton Trust (0298.005) - Comments are noted and agreed with given the impact the university campus has on the regional economy. It is also an element that should be encouraged to grow and develop. Should the reporter be so minded to include the bullet point proposed then the Council would have no issue with the wording as proposed. The Council considers this to be a non-notifiable modification. Successful Regional Capital in Dumfries Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003);The Crichton Trust (0298.005);The Crichton Trust (0298.004); The Crichton Foundation (0671.002) - Comments are noted and agreed with as Dumfries currently has a full range of education opportunities from nursery through to further education college and universities. Should the reporter be so minded to include the following bullet point “A full range of educational opportunities, including a thriving and vibrant University Campus at the Crichton as a key economic driver for the regional economy” the Council would have no issue with the wording as proposed. The Council considers this to be a non-notifiable modification. The Crichton Trust (0298.002); The Crichton Foundation (0671.003) - The bullet point referred to in the representation is not specific to the Crichton, it also applies to the historic environment in Dumfries as a whole. Regeneration of the historic environment does not just apply to reusing empty buildings as it can apply to the wider public realm. Nor does it necessarily mean preserving in “aspic”. No modification proposed to the plan.


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Ruthwell & Clarencefield Community Council (0315.002) - Comments are noted and the modification proposed is considered to be better promoted through the town centre strategy than the vision to the plan. No modification proposed to the plan. CWP Property & Investment/Gleniffer Estates plc (0428.004) - The modifications proposed are beyond the remit of planning control, however they could be considered as part of the wider town centre strategy. No modification proposed to the plan. Reporter’s conclusions: Vision 1. The Plan contains subject specific policies IN1 and IN2. In addition, the vision section includes reference to a viable rural economy and community characterised by a range of renewable energy development. I note the recommendation through Issue 5 to insert additional text in the economic development chapter recognising the increasingly significant role of renewable energy to the area’s economy. Policy OP1 includes a section on sustainability to limit the impacts of climate change. An additional reference to these matters in this section is not required given that the plan should be read as a whole. 2. This section presents the strategic land use vision for the area and I consider it need not include any specific details about the UNESCO designation. It is sufficient that the vision recognises the natural environment and its protection as a key component of the strategy. Policy ED11 covers this issue more specifically. 3. The vision makes reference to the natural and historic environment. This section of the plan presents the over-arching vision for the area and is backed up by more specific policies. Consequently, I do not consider that any modification is required. 4. The vision refers to enhanced connectivity and this could include digital as well as transport connectivity. The plan has a specifically land use focus and concentrates on matters connected with the development and use of land. In this respect, I see no need to further expand or strengthen this reference. 5. Specific concerns raised regarding Policy IN2 on windfarms are addressed through Issue 13. Scottish Planning Policy is supportive of this form of renewable energy development and sets out a framework for councils to prepare a spatial strategy and a policy framework in this respect. Consequently, whilst the plan should direct development to appropriate locations and avoid unacceptable landscape impact a moratorium would not be appropriate. 6. The vision seeks to encompass all the elements most relevant to achieving a land use planning based vision of what the area should look like in 20 years’ time. Consequently, it has a land use planning focus. The text does not include the specific references to quality of life and a good place to live as requested in this representation. However, I consider that the vision should contribute to these objectives without the need for a specific reference. Consequently, I do not recommended a change to the text. 7. Paragraph 5 above responds to the various concerns raised about windfarms. The other matters raised by Mr Mitchel including working from home and improved connectivity are covered in the vision statement. The vision refers to housing and meeting affordable housing needs and the plan contains a specific policy - Policy H6 - on particular needs housing including for the frail and elderly.


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8. The vision is a very broad based statement of what the area should look like in 20 years’ time. References to woodland and its protection including some recommendations to enhance specific references to this matter and the woodland strategy are addressed through Issues 1 and 11 of this report. 9. The vision sets a context for the more detailed content elsewhere in the plan and the commitment to sustainability reflects the requirement of Scottish Planning Policy. Protection of the landscape in the context of windfarms is addressed through Policy IN2 and detailed matters raised in representation on this policy are covered through Issue 13 of this report. Viable Rural Economy and Community 10. This is not a policy but an overall vision setting a context for the more specific matters addressed elsewhere in the plan. As such, I consider it unrealistic and unnecessary for this section to set a hierarchy of bullet points, address matters of conflict or specify how these might be addressed. 11. The vision and plan are a product of a due democratic process and consultation through the issues stage. Whilst the representation promotes a more aspirational approach to renewable energy this is not required by Scottish Planning Policy nor reflected in the process which has evolved for this plan. Consequently, whilst I have addressed other specific matters relating to renewable energy, through Issue 13, I am not convinced that any further reference to renewable energy is required in this section. 12. The references proposed by the Crichton Trust to recognise the importance of access to higher education and knowledge transfer are agreed by the council and reflect the role this important sector has in achieving the vision of the plan. I have therefore recommended inclusion of the additional bullet point as suggested. Successful Regional Capital of Dumfries 13. Following on from my conclusion in paragraph 12 above I agree that a similar bullet point could be added in this section to refer to educational opportunities in general as well as recognising the role of the University Campus at the Crichton as a key economic driver for the regional economy. 14. The current bullet point reads “conservation led approach to regeneration of the historic environment”. This applies to the historic environment as a whole and would encompass the re-use of vacant buildings. It is backed up by more detailed polices particularly OP1b). Consequently, I do not consider that an amendment to this wording is required. 15. The encouragement of new start-ups through business rate holidays is outwith the remit of the planning system. The detailed arrangements for parking in the town centre are more appropriately address through the local transport strategy or the town centre strategy. The encouragement of individual specialist shops also raises more detailed matters best addressed through the town centre strategy. Given that this is an overall vision I find it sufficient to express a commitment as stated to a “vibrant town centre with a range of uses and enhanced public realm”. The plan’s policies on retailing and town centres are set out through Policies ED5-9. 16. Whilst accessibility as a whole is an important consideration, as is the availability of services and facilities, including shopping, the vision is a broad brush statement of what the area will look like in 20 years’ time. A bullet point is included on the provision of a range of services and facilities that help support the local economy under the heading “Vibrant Towns and Villages”. The vision need not cover every consideration and the plan contains detailed policies on retailing within and outside town centres.


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Reporter’s recommendations: I recommend that the following modifications be made: 1. On page 5 insert a new bullet point at the end of the section- A viable rural economy and community characterised by:

Ready access to higher education and opportunities for knowledge transfer. 2. On page 5 insert a new bullet point at end of section headed - A successful Regional Capital in Dumfries characterised by:

A full range of educational opportunities, including a thriving and vibrant University Campus at the Crichton as a key economic driver for the regional economy.


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Issue 3 Spatial Strategy and Settlement Hierarchy


Chapter 3- Spatial Strategy (pages 7-14): Introduction - paragraphs 3.1-3.7; Economic Strategy/Business and Industry – paragraphs 3.8-3.18; Retail Strategy – paragraphs 3.19-3.24; Housing Strategy –paragraphs 3.25-3.29; Transport Strategy - paragraphs 3.30-3.34; Active Travel and Green Networks – paragraphs 3.35-3.37; Waste Management Strategy – paragraphs 3.38-3.43 Appendix 1 – Settlement Hierarchy, page 215


Body or person(s) submitting a representation raising the issue (including reference number): Natural Power(0028.012) AVIVA Investors (0041.006) The Crown Estate (0057.056) (0057.057) James Ingall (0095.013) (0095.016) Irongray Community Council (0120.003) Laurence T Wilson (0152.077) SSE plc(0180.008) Burcote Wind Ltd (0180.009) RSPB Scotland (0219.007) Architectural Heritage Society Scotland (0245.004) Debby Hamilton (0248.003) Lochmaben Community Council (0278.031) Wigtown & District Community Council (0284.003) The Crichton Trust (0298.003) Loreburn Housing Association (0308.002) Ruthwell & Clarencefield Community Council (0315.002) Scottish Water (0317.003) Scottish Natural Heritage (0321.005) Scottish Environment Protection Agency (0324.003) Janet Gibson (0377.006) CWP Property & Investment/Gleniffer Estates plc (0428.007) Greg Parker (0430.010) Barbara & Douglas Orme (0462.002) (0462.004) Martin Robertson (0472.003) Kirkmabreck Community Council (0518.001) D Kirkland (0522.001) Everris Ltd (0558.001) John Carruthers (0644.002) Carr's Milling Industries plc (0656.008) Scottish Enterprise (0657.003) Monreith & District Action Group (0660.002) Persimmon Homes (0712.001) Infinergy (0722.001) REG Windpower(0722.002) Crossmichael Community Council (0734.001) Colin Mitchell (0751.001) Messrs Clanachan (0782.004) (0782.003) (0782.002)


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Provision of the development plan to which the issue relates:

The spatial strategy of the Plan setting out a statement on development and use of land in relation to economic development, housing, transport, green networks and waste management; and the settlement hierarchy identifying District and Local Centres and Villages.

Planning authority’s summary of the representation(s): Spatial Strategy – Introduction Everris Ltd (0558.001) - Map 2 (pg7) fails to identify the local authority for the neighbouring area to the south and east of Gretna/Langholm. The illustration should include “Cumbria County Council”. Natural Power (0028.012) - The plan focuses on carbon and green house gas reduction through the avoidance of travel without considering other solutions such as the generation and subsequent use of renewable energy. It is unlikely that these targets and commitments will be met from the limited methods proposed by the LDP. SSE plc (0180.008); Burcote Wind Ltd (0180.009) - There is nothing in the spatial strategy that applies directly to combating the impact of climate change or to renewable energy development. There is significant onshore wind renewable development interests within the Dumfries and Galloway Council area which would justify the specific inclusion of renewable energy development. Infinergy (0722.001); REG Windpower (0722.002) - The spatial strategy contains positive aspirations with sustainability as a key facet. However, this section of the plan should also include an introduction to the spatial strategy for wind contained within maps 9 and 10. Wigtown & District Community Council (0284.003) - Pleased to see that sustainable development, sustainable economic growth, ameliorating climate change impact and creating high quality environments are the core principles for development envisaged in the plan. Emphasis on improving reliable fast broadband to enhance the economic and leisure competitiveness of rural Wigtownshire is especially welcome, and should be strengthened. Loreburn Housing Association (0308.002)- Support the commitment to strengthening our regional and district capitals through the Spatial, Economic and Retail Strategies. Also support the transport strategy and the commitment to facilitating sustainable travel. It is encouraging to note that a substantial proportion of housing (20%) will be targeted out with district centres. Scottish Natural Heritage (0321.005) - Support the spatial strategy in realising the vision of the proposed plan. D Kirkland (0522.001) - The Proposed Local Development Plan seems to have taken on board the community and individual responses. Messrs Clanachan (0782.004) (0782.003) - Support new housing developments being integrated with public transport and active travel networks (cycle routes/paths). Loreburn Housing Association (0308.002) - Encouraging to see a commitment to a proactive and flexible approach being taken to future development and the generous land supply that has been allocated to encourage investment throughout the region both in housing and commercial industry. Settlement Hierarchy – General The Crown Estate (0057.056) (0057.057) - Question the approach used to determine where a settlement fits within the settlement hierarchy. The range of facilities does not take into account the significance of the particular facility and the need to support existing facilities. The sequence


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with which the settlements are judged could be questioned. For example, if a settlement has only one or two facilities it is automatically considered to be a village. It may be “within the 45 minutes travel time of a main employment centre”, and it may be “physically capable of growing and absorbing development” as per the remaining criteria, but the lack of three facilities reduces its place in the hierarchy and results in it not being given the appropriate status and attention. In addition, the hierarchy does not take into account good public transport links which makes a settlement a sustainable location for further growth and which may also make it capable of providing support to other settlements to which it is connected. Nor does it take account of the availability and capacity of local water and sewerage. Economic Strategy The Crichton Trust (0298.003) - Strongly support the need for a balanced approach between conservation and new development, but it is essential that the balance is in favour of regeneration and the future development of the universities and associated uses of the Crichton campus and wider Crichton site. Barbara & Douglas Orme (0462.002) - Peelhouses Data Farm and Johnstonebank Data Farm which have Planning Permission in Principle are not identified as suitable for industrial development in the proposed LDP. This has deprived us the opportunity to comment at the time when the LDP was formulated. How can it be democratically fair and right to ignore and exclude major developments from a LDP? Barbara & Douglas Orme (0462.004) - Permitted development of the M74 corridor will prove to be a blight on the beautiful rural landscape that the road traverses and which is very visible to tourists travelling through. Fear that Dumfries and Galloway could end up like the industrial/commercial landscape of Lanarkshire. Policy OP1 provides some reassurance but the development of the M74 corridor could prove to be a permanent blight on the landscape of Dumfries and Galloway. Natural Power (0028.012) - The strategy fails to acknowledge renewable energy development as a potential source for sustainable economic development in Dumfries & Galloway. Renewable energy development is specifically recognised in the Regional Economic Strategy. Infinergy (0722.001); REG Windpower (0722.002) - Pleased the Proposed LDP aims to facilitate economic development throughout its policy framework. Renewable energy development could and should be mentioned within the economic strategy. Scottish Enterprise (0657.003) - Support the spatial strategy of the plan and in particular the identification of strategic inward investment opportunity sites alongside the M74 corridor. Crossmichael Community Council (0734.001) - Where possible, we would suggest a small number of commercial units could be built to encourage start up businesses. When ready to expand these could relocate to the local industrial estates. Retail Strategy AVIVA Investors (0041.006) - Welcome the designation of the Peel Centre as a Commercial Centre (Comparison Goods) in the network of centres. The Dumfries and Galloway Retail Capacity Study (2012) clearly states that there is significant capacity for additional bulky goods and that the current bulky goods retailers are overtrading. The Peel Centre is the only sustainable out of centre location to accommodate further out of centre comparison retail provision complementing the current offer in Dumfries Town Centre. This should be reflected in the plan. Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) - Possible need for greater flexibility when defining town centre boundaries for those town centres listed in the


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network of centres. Debby Hamilton (0248.003) - Brooms Road car park is always busy. It is one of the main attractions for Dumfries town centre - free and freely available and plentiful parking. We have two supermarkets already; What can justify another? How can you justify taking away parking spaces close to the town centre? Ruthwell & Clarencefield Community Council (0315.002) - The proposal on Brooms Road car park site would add nothing to Dumfries and would harm the town centre even further. The proposed ASDA store on the Annan Road would provide much larger store and therefore genuine competition to Tesco. CWP Property & Investment/Gleniffer Estates plc (0428.007) - The Brooms Road site is too small to accommodate the minimum size of development identified to be required for Dumfries. The proposed allocation conflicts the use of the site as important off-street car parking and is identified for this use in the adopted Dumfries Town Centre Parking Strategy. The site has major development constraints – multiple land ownership, contamination and culverts passing through the site. The site would not be available within a reasonable timescale consistent with the time period identified for the retail deficiency in the Retail Capacity Study. Janet Gibson (0377.006) - Brooms Road car park should be retained for transport use. It would be a more appropriate location than Whitesands for town centre bus station, including the retention of car parking provision and possible cycle hire. Brooms Road car park is important for "out of town centre" shoppers. Carr's Milling Industries plc (0656.008) - Paragraph 3.24 acknowledges that it is difficult to predict long term retail requirements. As such, it could transpire that there is an identified requirement for additional retail development to be brought forward in any given location post adoption, but before a full plan review is considered to be necessary. To cater for this eventuality, it would be appropriate to incorporate at this stage a policy provision to allow this to take place. Housing Strategy Loreburn Housing Association (0308.002) - Encouraged by the work that has been carried out to date and that such extensive site allocations have been provided through the Schedule of Sites. However, further clarification is required as to the qualification criteria to ensure that all sites, particularly larger strategic sites and brownfield sites have been subject to in-depth assessment to determine viability. Clarification sought as to what has been done to ensure that these sites can now be delivered. This must be addressed prior to the publication of the final plan. Messrs Clanachan (0782.002) - The Council should carefully consider whether sites allocated previously in the adopted local plans should be rolled forward into the LDP. Each site should be assessed against the terms in PAN2/2010 in order to demonstrate genuine effectiveness and deliverability. Scottish Water (0317.003) - Support the use of Masterplans, which permit a joined up approach to the delivery of new infrastructure. With regards paragraph 3.29 and large sites, Scottish Water cannot reserve treatment works capacity and connections are allocated as they are applied for. However, Scottish Water can work with developers to phase upgrades of our infrastructure in line with the build out rate of the development. Persimmon Homes (0712.001) - Any planning application submitted before 2024 for a post-2024 allocated site will be contrary to local plan policy, a developer will not spend money on infrastructure costs etc given the uncertainty of market conditions between the plan adoption and 2024. There is an understanding that SPP dictates that long term sites should be identified,


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however it is unlikely that this identification will lead to earlier delivery of required infrastructure. Messrs Clanachan (0782.003) - Supports the Council’s intention outlined in paragraph 3.27. The Council rightly recognises that the demand for housing both in terms of need and aspiration remains, particularly in Dumfries and the Council needs to be able to respond to this need in allocating sufficient and effective land for housing. Transport Strategy Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) - Should the possible HS2Corridor be considered at this stage? Lochmaben Community Council (0278.031) - Support the need to develop the local community and land allocated along the M74 corridor. Ruthwell & Clarencefield Community Council (0315.002) - There is no proposal within the plan to upgrade the A75 to a standard commensurate with trunk road/euro road status. Any development in the Loch Ryan area is a waste of money and the statement "modern international gateway" is mere wishful thinking. Ruthwell & Clarencefield Community Council (0315.002) - How can you reduce the need to reduce travel when most of the region’s population live in dispersed rural settlements and are rapidly ageing? Colin Mitchell (0751.001) - Whilst private motorised transport will remain critical to the functioning of the regional economy, fuel costs are a continuing concern. Active Travel and Green Networks RSPB Scotland (0219.007) - Welcome the reference made to the importance of green networks and acknowledgement of benefits in terms of biodiversity. Greg Parker (0430.010) - Welcome the references to recreational opportunities in the document but am then unclear as to how the LDP would actually encourage these (and the health and community benefits they bring) through the planning process. The providers could be public, private, charities, community groups or explicit ‘developer contributions’ beyond providing some green space or play space. There are strategies for spatial, retail, housing, transport and waste (plus some detail on e.g. active travel and green networks) but much less clarity on strategies for improving recreational opportunities. Waste Management Strategy Architectural Heritage Society Scotland (0245.004); Martin Robertson (0472.003) – Some separate collections can have a very detrimental visual and environmental effect in some urban and rural situations. Fife Councils 5 wheelie bin policy given as an example. Scottish Environment Protection Agency (0324.003) - Welcome the positive approach that has been taken towards planning for waste in the Proposed Plan. Appendix 1: Settlement Hierarchy The Crown Estate (0057.056) – Beattock should be included in the Settlement Hierarchy as a Local centre rather than a village. James Ingall (0095.013) - Support the identification of Parton as a village in the settlement hierarchy.


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James Ingall (0095.016) - Support the inclusion of Mossdale as a village in the settlement hierarchy. Irongray Community Council (0120.003) - The plan focuses on the larger communities and that with few exceptions future development in smaller rural communities is not widely catered for. A new primary school and new hospital are very likely to change the demand for housing in communities within easily accessible reach. On the basis of the foregoing Irongray Community Council formally object to the proposed LDP and seek inclusion of housing development land within Shawhead village (as per previous Nithsdale Local Plan). Laurence T Wilson (0152.077) - Housing sites should be identified in Carrutherstown. Laurence T Wilson (0152.077) - Collin requires retail, commercial and affordable housing support. Site identified in representation should be included in Plan. Laurence T Wilson (0152.077) - Small infill developments required in Hightae with road improvement to stimulate village and add cohesion. Laurence T Wilson (0152.077) - Small infill development required in Islesteps with road improvements. Laurence T Wilson (0152.077) - Low density development proposed in Kirkbean with substantial landscaping. Laurence T Wilson (0152.077) - Housing development was completed some time ago in Lochfoot with some success. Extension to round off settlement requested. Laurence T Wilson (0152.077) - Torthorwald requires a very low density development to the north east which should include a shop or at least a shop central to the village. Kirkmabreck Community Council (0518.001) - The disused area situated just outside Carsluith is an area to be considered for future development. John Carruthers (0644.002) - Blackwoodridge, Eaglesfield should be identified as a small building group and proposed site should be allocated for housing. Monreith & District Action Group (0660.002) - Monreith should be re-designated as a Small Building Group (SBG) as that is its current classification in the 2006 Wigtown Local Plan. Monreith only has a privately owned local bowling club and therefore by applying the Settlement Hierarchy flowchart the settlement should be reclassified as a SBG. Colin Mitchell (0751.001) - Moniaive is a local centre and seems to attract most development. Some development should take place in Dunscore and that present amenities are protected and improved. Colin Mitchell (0751.001) - I am concerned that Dunscore is not classed as a local centre or settlement. Modifications sought by those submitting representations: Spatial Strategy – Introduction Everris Ltd (0558.001) - Map 2 (pg 7) fails to identify the local authority for the neighbouring area to the south and east of Gretna/Langholm. The illustration should include “Cumbria County Council”.


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Natural Power (0028.012) - More recognition of the need to tackle climate change within the Local Development Plan and also of the generation and use of renewable energy to achieve this. SSE plc (0180.008); Burcote Wind Ltd (0180.009) -Recognition of renewable energy in the spatial strategy. Infinergy (0722.001); REG Windpower (0722.002) – Local Development Plan Spatial Strategy should acknowledge that there is a spatial strategy for wind and suggest following words: "A spatial strategy has also been applied in relation to wind energy development, and follows guidelines set out by the Scottish Government. The approach taken within the spatial strategy, as described within the Wind Energy Development Supplementary Guidance, offers guidance on siting wind energy developments and aims to direct development to appropriate locations”. Settlement Hierarchy – General The Crown Estate (0057.056) (0057.057) - Object to the definition of local centres in the settlement hierarchy. Economic Strategy The Crichton Trust (0298.003) - No modification requested. Barbara & Douglas Orme (0462.002) - It is assumed that the representors want Peelhouses and Johnstonebank data farms included in the Local Development Plan. Barbara & Douglas Orme (0462.004) - Remove reference for development of the M74 corridor from the spatial strategy and any other parts of the Local Development Plan. Natural Power (0028.012) - Recognition of renewable energy and its contribution to the overall aim of encouraging sustainable economic development within Dumfries & Galloway in line with the Regional Economic Strategy. Infinergy (0722.001); REG Windpower (0722.002) - Add the following text to the end of paragraph 3.9. "The LDP recognises that Dumfries and Galloway has a continuing role to play in meeting renewable energy targets as part of the aim to promote low carbon technologies. As such, it is recognised that continued investment by renewable energy developers in the area contributes to sustainable economic development”. Crossmichael Community Council (0734.001) - Where possible, we would suggest a small number of commercial units could be built to encourage start up businesses. When ready to expand these could relocate to the local industrial estates. Retail Strategy AVIVA Investors (0041.00

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