Publication - Corporate report

Town and Country Planning (Scotland) Act 1997 Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997: report to the Scottish Ministers

Published: 4 Oct 2021

Report by David Buylla, a reporter appointed by the Scottish Ministers.

Town and Country Planning (Scotland) Act 1997 Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997: report to the Scottish Ministers
Chapter 3: Policy

Chapter 3: Policy

1.24 The development plan comprises the Edinburgh and South East Scotland Strategic Development Plan 2013 (SESplan) and the Edinburgh Local Development Plan 2016 (the LDP). The LDP is accompanied by a number of guidance documents including the non-statutory Edinburgh Design Guidance 2017, which has relevance to this proposal.

1.25 The following policies are of particular relevance to this proposal.

1.26 Policy Des 1 Design Quality and Context expects new development to create or contribute towards a sense of place. Design should be based on an overall design concept that draws upon positive characteristics of the surrounding area.

1.27 Policy Des 2 Co-ordinated Development expects development not to compromise the effective development of adjacent land or the comprehensive development and regeneration of a wider area as provided for in a master plan, strategy or development brief approved by the Council.

1.28 Policy Des 3 Development Design - Incorporating and Enhancing Existing and Potential Features expects that existing characteristics and features worthy of retention on the site and in the surrounding area, have been identified, incorporated and enhanced through its design

1.29 Policy Des 4 Impact on Setting requires development to have a positive impact on its surroundings, having regard to its existing characteristics. The accompanying text confirms that, where surrounding development is fragmented or of poor quality, proposals should seek to repair the urban fabric by creating a sense of place.

1.30 Policy Des 5 Development Design – Amenity is concerned with protecting the amenity of existing residents and with ensuring adequate amenity standards for those who would live in a proposed development. Issues to be addressed include noise, daylight, sunlight, privacy and immediate outlook. Proposals are expected to be adaptable to different occupier's needs and to include facilities such as cycle storage and recycling points.

1.31 Policy Des 6 Sustainable Buildings expects new development to incorporate measures that will improve the proposed building's sustainability in terms of energy generation, water conservation, surface water run-off management, sustainable building materials and the encouragement of sustainable travel for future users.

1.32 Policy Des 10 Waterside Development requires development to present an attractive waterside frontage, to maintain or provide public access, maintain or enhance the water environment including its nature conservation value and, where appropriate, improve recreational use of the water.

1.33 Policy Des 11 Tall Buildings – Skyline and Key Views only permits development that would rise above the prevailing skyline where it would create a justified landmark, where the scale of the proposal is appropriate to its context and where there would be no interference with important views of important buildings or features.

1.34 Policy Env 3 Listed Buildings – Setting confirms that development within the curtilage or affecting the setting of a listed building should not be detrimental to the architectural character, appearance or historic interest of the building, or to its setting.

1.35 Policy Env 8 Protection of Important Remains, among other things, presumes against proposals that would damage or destroy non-designated archaeological remains which the council considers should be preserved in situ.

1.36 Policy Env 9 Development of Sites of Archaeological Significance supports development on sites of known or suspected archaeological significance where it can be concluded that either: no significant archaeological features are likely to be affected by the development; or any significant archaeological features will be preserved in situ and, if necessary, in an appropriate setting with provision for public access and interpretation; or the benefits of allowing the proposed development outweigh the importance of preserving the remains in situ.

1.37 Policy Env 12 Trees does not support development likely to have a damaging impact on a tree protected by a Tree Preservation Order or on any other tree or woodland worthy of retention unless necessary for good arboricultural reasons. Where such permission is granted, replacement planting of appropriate species and numbers will be required to offset the loss to amenity.

1.38 Policy Env 15 Sites of local importance does not support development likely to have an adverse impact on the flora, fauna, landscape or geological features of a Local Nature Reserve or a Local Nature Conservation Site unless the benefits of the proposal outweigh the site's nature conservation interest and adequate mitigation is provided.

1.39 Policy Env 16 Species protection presumes against proposals that would harm species protected by European or UK law unless justified in terms that reflect the relevant legislation.

1.40 Policy Env 20 Open space in new development confirms that the council will negotiate the provision of new publicly accessible and useable open space in new development when appropriate and justified by the scale of development proposed and the needs it will give rise to. In particular, the Council will seek the provision of extensions and/or improvements to the green network.

1.41 Policy Env 21 Flood protection confirms that permission will not be granted for proposals that would: increase flood risk or be at risk of flooding itself; impede the flow of flood water or deprive a river system of flood water storage within the areas shown on the Proposals Map as areas of importance for flood management; or be prejudicial to existing or planned flood defence systems.

1.42 Policy Emp 9 Employment Sites and Premises permits the redevelopment of such sites in the urban area for uses other than business, industry or storage provided that any non-employment uses will not prejudice or inhibit the activities of any nearby employment use, the proposal will contribute to the comprehensive regeneration and improvement of the wider area and, if the site area exceeds one hectare, the proposal includes floorspace designed to provide for a range of business users.

1.43 National planning policy is set out in the third National Planning Framework (NPF 3) and Scottish Planning Policy (SPP), which was revised in December 2020.

1.44 SEPA has published policy and guidance that is of potential relevance to this proposal including Planning Information Note 4: SEPA position on development protected by a Flood Protection Scheme (PIN4) and SEPA Planning Background Paper: Flood Risk (2018), which is about to be revised to reflect an updated position on "stilted developments" like this proposal.