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Contents Page - Issue 36 - The Built Environment

1. Schedule 4

2. Representations

Scottish Government (Historic Scotland) (CLDP070g, CLDP070h)
Scottish Natural Heritage (CLDP144g)
Muckhart Community Council (CLDP174x)
The Coal Authority (CLDP031h)
Alloa Community Council (CLDP163c)

3. Supporting Documents

CD009 Circular 3/2013 - Development Management Procedures
(December 2013)
CD056 Muckhart Conservation Area Character Appraisal,
Consultation Draft (July 2013)
































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Issue 36 The Built Environment
Development Plan
reference:
EA19 - Scheduled Monuments
(Page 101)
EA21 - Historic Gardens and
Designed Landscapes (Page 101)
EA23 - Conservation Areas (Page
102)
EA25 - The Development of
Brownfield and Contaminated Land
(Page103)
Reporter:
Body or person(s) submitting a representation raising the issue
(including reference number):

Scottish Government (Historic Scotland) (CLDP070g, CLDP070h)
Scottish Natural Heritage (CLDP144g)
Muckhart Community Council (CLDP174x)
The Coal Authority (CLDP031h)
Alloa Community Council (CLDP163c)

Provision of the development
plan to which the issue relates:
Environmental Assets Chapter - Built
Environment Policies
Planning Authoritys summary of the representation(s):

EA19 - Scheduled Monuments

Scottish Government (Historic Scotland) (CLDP070g) Welcomes the
Policy but suggests changes to wording to better reflect national policy.

EA21 - Historic Gardens and Designed Landscapes

Scottish Government (Historic Scotland) (CLDP070h) Supports and
welcomes the Policy to protect and enhance gardens and designed
landscapes but suggests wording changes.

Scottish Natural Heritage (CLDP144g) Request rewording of Policy to align
with relevant Inventory as Policy should apply to all gardens of national
interest whether they are "historic" or not.

EA23 - Conservation Areas

Muckhart Community Council (CLDP174x) Support the emphasis on
Conservation Areas in the LDP and Policy EA23 in particular. Especially
pleased with Council approach to drafting the Muckhart Conservation Area
Appraisal (CD056) involving the Community Council, wider community and
the Scottish Civic Trust.

EA25 - The Development of Brownfield and Contaminated Land

The Coal Authority (CLDP031h) Request rewording of the Policy to
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recognise the potential risks associated with unstable land associated with the
mining legacy in the area.

Alloa Community Council (CLDP163c) There is a need for more green
spaces and in some cases better green spaces. Some of the brownfield sites
should be improved to give a better environment.

Modifications sought by those submitting representations:

EA19 Scheduled Monuments

Scottish Government (Historic Scotland) (CLDP070g) propose the
following alternative wording:
"This policy aims to protect Scheduled Monuments and other identified
nationally important archaeological resources.
Scheduled Monuments and other identified nationally important
archaeological resources shall be preserved in situ, and within an appropriate
setting.
Development which would have an adverse effect on Scheduled Monuments
or the integrity of their setting will only be supported where the applicant
demonstrates to the satisfaction of the Council that the proposal meets all of
the following criteria:
There is no appropriate alternative location for the proposed development;
Proposals are designed and sited to minimise damage to the Scheduled
Monument or archaeological resource and its setting;
Where the proposal involves the site or setting of a scheduled monument,
the proposal must demonstrate exceptional circumstances, where there are
imperative reasons of over-riding public interest to outweigh the national
importance of the monument.".

EA21 - Historic Gardens and Designed Landscapes

Scottish Government (Historic Scotland) (CLDP070h) Consider that the
Council may wish to replace reference to "a landscape appraisal by a qualified
landscape architect"' with "a design statement.".

Scottish Natural Heritage (CLDP144g) Suggest this policy is re-named and
that the text refers to "Gardens and Designed Landscapes" and loses the term
"historic".

EA25 - The Development of Brownfield and Contaminated Land

The Coal Authority (CLDP031h) propose the following alternative wording -
"Policy A25 - The Development of Brownfield, Unstable and Contaminated
Land
This policy aims to encourage the appropriate re-use of brownfield, unstable
and contaminated land.
The Council will support the re-use of brownfield land within urban areas
including vacant and derelict buildings, provided such proposals accord with
the vision, spatial strategy and programming of sites in this Plan.
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Where land is known or suspected to be unstable or contaminated, the
applicant must demonstrate to the satisfaction of the Council that the land is,
or can be made, safe and suitable for the proposed new use. The Council will
normally require and identified remediation measures to be undertaken prior
to the new use commencing.".

Alloa Community Council (CLDP163c) Some of the brownfield sites should
be improved to give a better environment, for example in Denny [Falkirk
Council] some of the space freed from knocking down buildings has been
grassed over. Some of the sites identified for potential housing could be used
for allotments, community gardens or play areas.

Summary of responses (including reasons) by Planning Authority:

EA19 Scheduled Monuments

Scottish Government (Historic Scotland) (CLDP070g) The Council
acknowledge that the alternative wording proposed is a better reflection of
national policy than the original wording and the Reporter may be minded to
recommend the suggested alternative wording.

EA21 - Historic Gardens and Designed Landscapes

Scottish Government (Historic Scotland) (CLDP070h) It is acknowledged
that The Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013 (CD009) details the design appraisal
requirements for gardens and designed landscapes. It would therefore be
appropriate to amend the policy as outlined above and create a Glossary
entry for Design Statement aligned to the contents of the regulations, should
the Reporter be minded.

Scottish Natural Heritage (CLDP144g) The Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2013 (CD009)
refer to historic gardens and it is considered that the term should be retained.
For clarity in relation to non-inventory sites "historic" could be removed for the
2nd last line of the second paragraph, should the Reporter be minded.

EA23 - Conservation Areas

Muckhart Community Council (CLDP174x) Support noted.

EA25 - The Development of Brownfield and Contaminated Land

The Coal Authority (CLDP031h) It is acknowledged that the scope of Policy
EA25 should also refer to unstable land given the extent of the coal mining
legacy area and its relationship with brownfield and contaminated land issues.
This would also be consistent with the procedures which have been
introduced by the Coal Authority as part of their role as a statutory consultee
on planning applications. It is considered that, should the Reporter be minded,
a further amendment to the text could include the words "at the application
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stage" after the word "demonstrate" in the second paragraph of the Policy.

Alloa Community Council (163c) This Policy supports the re-use of
brownfield land and this would also apply to temporary greening of vacant or
derelict sites. Policy SC10 also supports new and/or enhanced open spaces.
No changes are therefore sought to the LDP.

Reporters conclusions:

Reporters recommendations: