EAST AYRSHIRE COUNCIL

CABINET: 28 AUGUST 2013

EAST AYRSHIRE LOCAL DEVELOPMENT PLAN MAIN ISSUES REPORT: RESPONSES RECEIVED TO PUBLIC CONSULTATION EXERCISE, DEVELOPMENT

PLAN SCHEME AND A NEW FORESTRY AND WOODLAND STRATEGY FOR AYRSHIRE AND ARRAN

Report by the Acting Executive Director of Neighbourhood Services

1. PURPOSE 2. The purpose of this report is to:

• provide Cabinet with a summary of the key issues raised during consultation

on the Main Issues Report • seek approval for the draft outline of the proposed local development plan,

including a reduction in the topic areas it will cover • seek approval for the preparation of a separate Minerals Local Development

Plan • seek approval for a new Development Plan Scheme which sets out the

timetable for the production of future local development plans • inform Cabinet of a new Ayrshire and Arran Woodland Strategy recently

completed by consultants; and to seek approval for this to be used to inform planning decisions and to be incorporated into the new local development plan as appropriate.

3. BACKGROUND 4. The Main Issues Report (MIR) was approved by Cabinet on 24 October 2012. Its

purpose was to set out the major planning issues facing East Ayrshire and to put forward options, including the Council’s preferred option, as to how these would be tackled. A period of public consultation ran from 12 November 2012 until 25 January 2013, during which time a number of consultation workshops and drop in sessions were held to seek views on the document.

5. The Council will use the responses received to the MIR to assist in the preparation of a proposed local development plan for East Ayrshire which, once it has been through a formal objection period, a local plan examination and is adopted by the Council in late 2015, will become the new Local Development Plan (LDP) for East Ayrshire replacing the Ayrshire Joint Structure Plan and the East Ayrshire Local Plan 2010 (with some exceptions as detailed below).

6. The Main Issues Report covered all planning policy matters including opencast coal mining. Until recently, it was envisaged that both the East Ayrshire Local Plan 2010 and the Opencast Coal Subject Plan 2003 would be reviewed simultaneously and that, once adopted, the new local development plan would cover all policy areas and would form a comprehensive development plan for East Ayrshire. This has been agreed by Cabinet when approving the Council’s annual Development Plan Scheme since 2009.

7. PROPOSED CHANGES TO CONTENT OF THE LOCAL DEVELOPMENT PLAN

8. As members are aware, both the Scottish Coal Company Ltd and Aardvark TMC Ltd have recently gone into liquidation. Some of the assets have been subsequently acquired by Hargreaves Services Plc and Hargreaves Surface Mining Ltd. There have been major legal, economic and environmental issues arising and there remains a significant amount of work to be carried out around these issues. In addition, an independent review is currently underway to examine the processes and procedures around the management, implementation, monitoring and review of the planning processes in relation to opencast coal mining. It is therefore proposed that the new local development plan (LDP) proceeds without the topic areas of opencast coal and the extraction of aggregates. Instead, a separate minerals local development plan will be prepared at an appropriate later date when the situation regarding opencast coal extraction is clearer. This will require a separate Main Issues Report to be prepared and consulted upon subject to members agreeing to the recommendations set out in this report and the Council’s Development Plan Scheme being updated accordingly. The inclusion of the extraction of aggregates into a separate Minerals LDP is on the basis that it is a similar type of development to opencast coal, with comparable impacts and issues arising albeit that it has been taking place on very much smaller scale than coal extraction in East Ayrshire in recent years. Subject to members approving the proposed new way forward, all parties who responded to the opencast coal and minerals issues identified in the MIR approved in October 2012, will be informed in writing of the Council’s revised approach and that no response will be prepared. The Council’s website will be updated accordingly. When the new minerals MIR is approved, all who previously responded to opencast coal and minerals issues in the previous MIR will again be informed in writing of the approved Minerals MIR and will be invited to respond during the consultation period.

9. The key reasons for this proposed change for the LDP can be summarised as

follows:

• The future structure and scale of opencast coal mining both at a national and East Ayrshire level is not currently clear

• the Council needs to take stock before proceeding with any potential new ‘areas of search’ for coal mining

• The outcome of the independent review mentioned in paragraph 8 above will need to be taken fully on board in the future planning policy approach to opencast coal and aggregates extraction.

• If the whole LDP is delayed awaiting a time when the situation regarding opencast coal is clearer, this could be damaging to other priority topic areas such as affordable housing and regeneration and would mean that the Council would be unable to replace the existing East Ayrshire Local Plan within the Scottish Government’s 5 year target.

• It allows the Council to give consideration to emerging energy resources such as, for example, ‘fracking’ which involves drilling into and fracturing coal bed seams to release methane gas.

10. RESPONSES RECEIVED TO MAIN ISSUES REPORT

11. A total of 130 responses were received from a wide range of sources including the development industry, Scottish Government and key agencies, community representatives and individual East Ayrshire residents in relation to the matters identified in the MIR other than opencast coal or mineral extraction.

12. Analysis of responses has shown that the key areas to which most responses relate and where the most areas of contention are arising, fall under the following main issue headings:

• The effective housing land supply (Main Issues 6 and 7) • Kilmarnock North: Rowallan Business Park/Northcraig (Main Issue 18) • A LDP policy to support the Dark Sky Park (Main Issue 27) • Spatial Framework for large scale windfarms (Main Issue 32) • The Renewable Energy Fund (Main Issue 34)

13. A sheet on each of these issues has been prepared (see Appendix 1) which provides

a synopsis of the Main Issue itself and a summary of responses received. This was presented to members at a seminar held on 23 April 2013 and generated a significant amount of questions and discussion. Notes of the seminar have been produced and will be used in the preparation of the proposed plan.

14. It should be noted that not all of the issues raised during the consultation period have

been summarised in Appendix 1. Appendix 1 provides a headline summary; only 6 out of a total of 27 issues have been covered as these raised most comment during the consultation period. However, the remaining main issues and all of the comments received will be taken forward as part of the local development plan with the exception of those relating to opencast coal and mineral extraction.

15. In late Spring 2014, a further members seminar will be held to seek members views on the policy direction that the proposed plan will take. The seminar will bring together all of the consultation exercises (for example the revised eligibility criteria for the Renewable Energy Fund) that will be undertaken as part of the process of preparing the proposed plan. In addition a more extensive summary and response document will be prepared with each representation received in relation to the Main Issues Report (with the exception of those relating to coal and minerals) being grouped under the main issue to which they belong. A Council response to each of the Main Issues will be prepared and presented to Cabinet alongside the Proposed Local Development Plan for approval following the members seminar.

16. THE PROPOSED LOCAL DEVELOPMENT PLAN 17. Under the Scottish Government’s modernising planning agenda, development plans

are now required to be succinct and place emphasis on creating sustainable places as well as providing a practical framework within which the outcome of planning applications can be decided. It is therefore considered that the format of the proposed plan should be different to those previously prepared by the Council, with a greater emphasis on place making and a focus on priority areas for change.

18. It is envisaged that the structure of the Local Development Plan will comprise first of a vision for East Ayrshire, which will reflect the vision contained in the Community Plan and will outline how the Council, in spatial terms, would like East Ayrshire to

look in the future. A number of strategic policies will then be included to help deliver the vision, focusing on issues such as housing, economic development, town centres and renewable energy. In terms of delivering the vision, focus will then turn to a handful of key locations with a variety of maps and sketches being used to give users of the plan a better insight into how these important locations could be developed to become better, more sustainable places. It is considered that if these locations are developed in line with the LDP, they will act as a driver for the successful sustainable economic growth of East Ayrshire as a whole. In line with the Cabinet report of 5th December 2012, which identified 5 hub communities as part of the Transformation Strategy, it is envisaged that these key locations will include:

• Kilmarnock with a particular focus on place making in the Town Centre by building on the Conservation Area Management plan for John Finnie Street and Bank Street Conservation Area; delivering high quality development on the vacated Diaego site as well as strategic business and economic development sites (see pages 70-75)

• Cumnock with particular focus on the town centre regeneration Masterplan; the development of Knockroon and Caponacre as regeneration drivers for the southern part of East Ayrshire (see pages 79-81)

• Galston as a service centre for the Irvine Valley with its opportunities for improvements to its built heritage;

• Dalmellington as the gateway town for tourism; and • Stewarton as the service centre for the northern part of East Ayrshire with its

close proximity to the M77. 19. The proposed plan will be accompanied by Supplementary Guidance, which will

contain the detailed policies needed to inform development management decisions on planning applications. Other topic-specific items of supplementary guidance may also be required to provide further detail on for example wind energy, affordable housing, design and place making and developer contributions. By placing the detailed policies within Supplementary Guidance, it will allow the Plan itself to focus in on East Ayrshire’s key locations and the priorities for developing and enhancing them.

20. A number of issues have developed since consultation on the MIR and it is likely that further new issues will arise that must be taken on board before the publication of the proposed plan. Examples include matters such as the recent publication of National Planning Framework 3 Main Issues Report and the review of Scottish Planning Policy, new major development proposals for sites within East Ayrshire and the publication of new studies such as the one detailed under paragraphs 26-28 below. The Council will ensure that, where appropriate, such issues are included in the proposed plan following appropriate consultation despite the fact that they may not necessarily have been discussed in the MIR.

21. DEVELOPMENT PLAN SCHEME

22. The Council is required by legislation to produce a development plan scheme annually setting out the timetable for the production of their development plan(s). If members approve the proposed way forward set out in paragraph 8, the Development Plan Scheme will need to change to reflect this. A proposed revised version forms Appendix 2 to this report.

23. When compared to last year’s Development Plan Scheme, the timetable for publication of the East Ayrshire Proposed Local Development Plan has slipped by 2 months due to the Main Issues Report being published 2 months late.

24. It is proposed to publish a Minerals Main Issues Report in March 2015 after the East

Ayrshire LDP has been submitted to Scottish Ministers for Examination. 25. FORESTRY AND WOODLAND STRATEGY

26. A new Forestry and Woodland Strategy for Ayrshire and Arran has been prepared to

replace the 2003 Forestry and Woodland Strategy. The Scottish Government’s guidance document, ‘The Right Tree in the Right Place’, encourages the production of forestry and woodland strategies to guide future expansion and management of woodlands, in order to maximise the benefits for the local economy, communities and the environment. The ‘Right Tree in the Right Place’ recognises the advantages of collaborative working, to produce joint strategies that consider cross-boundary issues.

27. It is intended that the strategy will be used in a variety of ways. It will, in particular,

provide guidance for the three Councils when determining planning applications that affect woodlands and will help the Forestry Commission to assess applications for grant support. In order that the strategy can be used to help inform planning decisions in East Ayrshire, it is proposed that Cabinet should be asked to approve the strategy as non-statutory guidance that will be made publicly available on the Council’s website. A copy of the document has also been made available on the member’s portal for information.

28. POLICY AND LEGAL IMPLICATIONS 29. The publication of a proposed Local Development Plan is a legal requirement of the

Town and Country Planning (Scotland) Act 1997 (as amended). 30. The proposed local development plan will, once adopted, be used to assess all

planning applications with the exception of those relating to coal and mineral extraction. In the period after the new LDP is adopted and before the Minerals Local Development Plan is adopted, applications for coal extraction will be assessed using the policies of the Opencast Coal Subject Plan 2003 and applications for the extraction of aggregates will be assessed against the minerals policies of the East Ayrshire Local Plan 2010. However, once a new Minerals LDP is adopted, this will be used to assess all applications for coal and mineral extraction.

31. FINANCIAL IMPLICATIONS

32. Although exact costs cannot be provided at this time, the cost of preparing two

separate local development plans will be more than one comprehensive local development plan due to additional staff time, printing and publicity costs as well as two separate local plan examinations being carried out. It is anticipated that additional costs can be met from existing budgets.

33. RISK MANAGEMENT IMPLICATIONS 34. Planning Authorities are required to ensure that Local Development Plans are kept

up to date and are replaced within 5 years of adoption. An up to date local development plan not only provides direction and guidance for the future development of East Ayrshire but will reduce the likelihood of new development being

managed through the appeals process. By proceeding with a LDP which does not cover opencast coal and minerals, the risk of a delayed LDP covering all other issues is removed.

35. For the reasons detailed in paragraph 9 above, it is considered that greater clarity with respect to the extent and scale of opencast coal mining operations as well as restoration liabilities is required before a minerals plan can be prepared. Whilst more than 5 years has passed since adoption of the Opencast Coal Subject Plan, it is considered that the policies relative to the assessment of planning applications in general remain fit for purpose and are generally consistent with the revised draft Scottish Planning Policy recently issued for consultation. 36. COMMUNITY PLANNING AND POLICY IMPLICATIONS

37. The East Ayrshire Local Development Plan is named as a ‘local driver’ in the

Delivering Community Regeneration Action Plan and it will, as far as possible, aim to assist in implementing the community plan’s key strategic aims

38. RECOMMENDATION

It is recommended that Cabinet :- (i) Agrees the proposed way forward for the East Ayrshire Local

Development Plan as set out in paragraphs 7-9 including the production of a separate Minerals Local Development Plan;

(ii) Agrees the outline structure of the new East Ayrshire Local Development Plan set out in paragraphs 16 to 20 above;

(iii) Notes the attached summary sheets of the comments received on the

Main Issues Report;

(iv) Approves the Development Plan scheme set out in Appendix 2 of this report;

(v) Authorises the Head of Planning and Economic Development to

publicise the Development Plan Scheme; and

(vi) Agrees the proposal to approve the Ayrshire Forestry and Woodland Strategy as non- statutory planning guidance.

Chris McAleavey Acting Executive Director of Neighbourhood Services 21 August 2013 (EF/KD) FV-AN

BACKGROUND PAPERS

1. Main Issues Report 2. Development Plan Scheme 2009, 2010, 2011, 2012

Members wishing further information should contact Emma Fyvie, Principal Planning Officer on (01563) 576756 or Karl Doroszenko, Development Planning and Regeneration Manager on (01563) 576751.

Implementation Officer: Alan Neish, Head of Planning and Economic Development

Appendix 1

Summary of Comments Received to the Main Issues Report covering:-

• The effective housing land supply (Main Issues 6 and 7) • Kilmarnock North: Rowallan Business Park/Northcraig (Main Issue 18) • A LDP policy to support the Dark Sky Park (Main Issue 27) • Spatial Framework for large scale windfarms (Main Issue 32) • The Renewable Energy Fund (Main Issue 34)

The Effective Housing Land Supply (Main Issues 6 and 7)

Main Issue

Summary of Reponses

Main Issue 6: The Existing Housing Land Supply Synopsis of issue: This issue notes that many of the housing land release sites identified for the first time in the East Ayrshire Local Plan 2010 have not yet been taken forward by developers and asks for views on whether the majority of these should be rolled forward through to the new LDP. It is the Council’s preferred option to roll these sites forward given that the EALP was adopted relatively recently and that the economic downturn is still having an impact on the house building industry. Main Issue 7: The balance of Market Housing Demand and Supply Synopsis of issue: This issue recognises that there are housing shortfalls across all three sub Housing Market Areas and looks at whether additional land over and above those sites identified in the EALP 2010 requires to be identified. The preferred option sees one new greenfield release in the Kilmarnock and Loudoun HMA and, given the low historic new build rates, no additional releases in either the Cumnock or Doon Valley HMAs.

The majority of those who responded to issues 6 and 7 disagreed with the Council’s preferred options with respondents stating that more detailed appraisal and evaluation work on the deliverability of EALP 2010 sites needs to take place to determine whether they can be developed within the plan period with those with more limited prospect being deleted and other sites identified instead. In most cases, these particular respondents are promoting alternative non-allocated sites and wish to see their sites identified for housing development in the LDP with certain EALP 2010 sites being de-allocated. It is argued by these respondents that some EALP 2010 sites are not effective (i.e. unlikely to be developed in the next 5-7 years) and will not contribute to the land supply in the plan period. Particular reference to larger sites is made stating that the upfront infrastructure costs required to develop such sites is preventing them from coming forward. It was suggested that more, smaller sites should be identified instead. It is also stated that some of the proposed housing land supply is constrained by factors such as landowners unwilling to sell land at the current lower market value, difficulty in accessing development funding and the fact that certain towns are more popular than others. Limited specific detail about why certain sites should be deleted is provided other than the above more general points. A total of 41 new housing sites have been suggested by respondents and support was stated for 8 existing EALP 2010 sites being rolled forward to the LDP. Another proposal put forward was that some of the EALP 2010 allocations should be ‘pushed back’ with alternative, more effective sites being allocated for delivery in the short term.

Some respondents were of the view that if a site is not developed within 5 years of being allocated in a plan then it should be deleted and that the LDP should make specific provision for sites to be reviewed during the plan period and for alternative sites that are more likely to contribute to meeting housing needs to be identified. Three responses from representatives of the coal industry were received. These stated that the LDP should contain a minerals safeguarding policy which prevents the sterilisation of these resources. Almost all respondents to issue 7 made comment on the balance of market housing demand and supply in the Kilmarnock and Loudoun housing market area. Only one was received for the Cumnock HMA and none for the Doon Valley HMA.

Rowallan Business Park (Main Issue 18)

Main Issue

Summary of comments

Main Issue 18: Rowallan Business Park/Northcraig

Synopsis of issue: It is recognised that north Kilmarnock is a key strategic business location in East Ayrshire but that business and industrial development has been relatively slow. Issue 18 looks at options for encouraging more new development at this location to attract new business and create new jobs. The preferred option is to re-allocate Rowallan Business park as a mixed use development site, allowing up to 200 residential units to be built with the proviso that the uplift in land value is used to fund an agreed number of new industrial units. The alternative option is to retain an industrial designation on the whole site.

Of the five respondents who made comments directly relating to this matter, two are in favour of the preferred option while three respondents are in opposition to it. The developer who has control over part of the land in question is in support of the Council’s preferred option stating that there has been little interest in developing the existing Rowallan Business Park expansion area for business and industrial uses due largely to infrastructure costs. It is also stated that the loss of this area to mixed uses would not impact detrimentally on the supply of business and industrial land in Kilmarnock especially given that it will result in some new business/industrial development on the site. Scottish Enterprise, who also control part of the land, have given their general support for the Council’s preferred option. The local community council are very much against the Council’s preferred option stating that additional housing at this location is in direct opposition to the Council’s key strategy of town centre living as it will serve only to attract industry and families away from the town centre at a time when they should instead be encouraged into the town centre to support and generate local business. Other respondents who are against the Council’s preferred option state the proposed new housing units as the basis of their objection. These respondents have no issues with principle of new business development at north Kilmarnock; the problem they have is that they do not want additional new housing at this particular location. Another respondent who is against the Council’s preferred option is promoting additional housing at an alternative location in Kilmarnock.

In their view there is no foundation for the MIR’s assertion that cross funding from private housing is required to stimulate employment related development on this site. One respondent is promoting the adjacent Northcraig reservoir for development and would like to see this site included within the mixed use designation or identified for housing development. One respondent favoured the alternative option, which is to keep the site as a safeguarded business and industrial site.

The Dark Sky Park (Main Issue 27)

Main Issue Summary of comments

Main Issue 27: The Dark Sky Park – A Driver for the Regeneration of the Doon Valley

Synopsis of issue: This issue seeks views on whether the LDP should have a policy that awards protection to the Dark Sky Park in the Doon Valley area.

There was a mixed response to whether the LDP should give policy support to the Dark Sky Park. There is significant opposition, particularly from the development industry, to a Dark Sky policy based on a non-statutory designation that could have the potential to be a barrier to development, particularly wind farms. Those who oppose policy support for the dark sky park also state that the boundary of the Dark Sky Park is imposed by a third party (the International Dark Sky Association) which is not accountable to any level of government in Scotland. The boundaries can be changed by the association without due consultation. A number of questions were raised on the lack of clarity over how the boundaries of the Dark Sky Park have been established and how proposals would be assessed against a policy e.g. how would ‘significant adverse impacts’ be measured. There were various concerns that such a policy could be contrary to Scottish Planning Policy, given the non-statutory nature of the designation and the level of weight that may be given to it in decision making. There was also support for the Dark Sky Park, as a driver for sustainable tourism, reducing light pollution and as establishing East Ayrshire as a model of environmental excellence. Those in support of it put forward additional suggestions: • The Dark Sky Park and Observatory should be given necessary

protection from lighting as well as anything that generates vibrations through the ground or infrasound. An exclusion zone should be drawn, within which harmful proposals should be contrary to policy. This would give certainty to the local community and developers.

• Consideration should be given to an industrial development exclusion zone and to increasing the Dark Sky Park northwards to the upper Nith Valley.

• The rationale for the Buffer zone as detailed on the MIR map 30 is unclear. This should be extended to protect the character of the area, particularly the Dalmellington Observatory and its function.

• The Dark Sky designation was sought by the Forestry Commission to drive tourism. It should not be used to stop development.

The spatial framework for large scale wind farms (Main Issue 32)

Main Issue

Summary of comments received

Main Issue 32: A spatial framework for large scale wind farms Synopsis of Main Issue: This issue addresses how the LDP should plan for large scale wind farms and in particular whether the Plan should identify a new area of search for large scale wind farms.

The responses received were split over whether a new Area of Search should be identified, with 8 respondents supporting a new Area of Search and 5 against a new area of search. Those in favour of a new Area of Search were predominantly from the wind farm development sector, who believe that East Ayrshire can support further areas of large scale wind farms and that these areas should be identified through a spatial framework with the LDP. During the community consultation events, however, the majority of those expressing an opinion were against a new Area of Search being identified. Those in support of windfarms suggested a number of specific areas within East Ayrshire which they considered to be suitable for large scale developments. Of those that that did not support the identification of a new area of search, it was generally felt that East Ayrshire currently has enough wind farms and that any more would be damaging to the area. A landscape capacity study which was commissioned jointly by SNH and the three Ayrshire councils is nearing completion. This will be used as part of the evidence base for determining whether a new Area of Search should be identified in the LDP. A considerable amount of comment on the landscape capacity study was received with several respondents requesting that this be subject to public consultation and scrutiny by industry. (For information, the Landscape Capacity Study referred to in the above paragraph is now complete and has been approved by Cabinet for use in the assessment of planning applications for wind turbines and wind farms) Concern was also expressed by several respondents on the danger of

putting too much onus on the conclusions of the landscape capacity study and that the LDP process should ensure that this is only one of a number of considerations taken into account which also include peatlands, an increased buffer zone around settlements and individual properties, and aviation constraints amongst others.

The Renewable Energy Fund (Main Issue 34)

Main Issue Summary of comments

Main Issue 34: The Renewable Energy Fund Synopsis of Main Issue: This issue seeks views on whether the operation of the Renewable Energy Fund should be reviewed and what changes, if any, should be made to the current Local Plan policy. Specifically, this issue questions whether the contribution rate should be increased from £2,500 to £5,000 Per MW capacity and whether the contribution should be required from single turbines over a certain height. (It should be noted that the Renewable Energy Fund is the subject of a separate review process which will be reported to the Grants Committee and will be included in the new local development plan.)

Whilst there was some support for the Renewable Energy Fund policy, the majority of respondents disagreed, some very strongly, with the current policy approach. In general terms, the renewable energy sector is happy to provide community benefits to the local area in which they will be operating, and considers that a contribution of £5,000 per MW capacity is appropriate. However, the industry objects to the mandatory and restrictive nature of the current REF policy. It is suggested that flexibility is required to allow developers to work directly with communities and provide benefits to best fit the needs of the particular communities affected. It is further indicated by a number of respondents that the inclusion of a Renewable Energy Fund policy that makes the payment of money for community benefits mandatory, is contrary to Scottish Government Circular 3/2012 on Planning Obligations and Good neighbour Agreements. This view is endorsed in the response from the Scottish Government. A number of respondents are of the view that community benefit payments should not be considered a planning matter, therefore the LDP should not include a policy on this. Additional specific comments received: • 2 respondents are of the view that £5,000 is too low and that this

should be increased to £10,000 • 1 respondent suggests maintaining the current approach and level

of contribution, but that at the same time the Council could encourage additional voluntary payments to be made to some form of Trust, similar to how the Minerals Trust currently operates.

• Whilst the £5,000 is generally appropriate, there should be flexibility

to reduce this if the viability of a scheme is affected by particularly onerous site constraints e.g the cost of a radar mitigation scheme for aviation issues.

• Concern that the 10km radius under the current policy will not be

appropriate for all cases and that the ‘local community’ should not be defined so crudely.

Appendix 2

EAST AYRSHIRE LOCAL DEVELOPMENT PLAN

DEVELOPMENT PLAN SCHEME

AUGUST 2013

EAST AYRSHIRE LOCAL DEVELOPMENT PLAN

DEVELOPMENT PLAN SCHEME 2013

1. INTRODUCTION Every planning authority must prepare a Development Plan Scheme on at least an annual basis. This sets out the authority’s timetable for preparing and reviewing their Strategic Development Plan or Local Development Plan and outlines how this will be done. The Development Plan Scheme must also contain a Participation Statement which sets out how people can get involved in the plan preparation process. East Ayrshire Council does not need to prepare a Strategic Development Plan; instead it is required only to prepare Local Development Plan(s) (LDP) which will, on adoption, replace the current development plan for the area. As there will no longer be a strategic level development plan for East Ayrshire, the new local development plan(s) will set out a strategic vision for the area. 2. THE EXISTING DEVELOPMENT PLAN FOR EAST AYRSHIRE The existing development plan for East Ayrshire currently comprises the following:

• Ayrshire Joint Structure Plan – approved November 2007, • East Ayrshire Local Plan 2010 – adopted October 2010, and • East Ayrshire Opencast Coal Subject Plan – adopted March 2003

In addition to the above mentioned documents, the Council has approved Supplementary Planning Guidance relating to:

• Developer Contributions • Master Planning • Knockroon Design Code

Technical Guidance on Windfarm Developments has also been prepared on an Ayrshire-wide basis jointly by East, North and South Ayrshire Councils under the auspices of the Ayrshire Joint Planning Unit. 3. TWO NEW LOCAL DEVELOPMENT PLANS FOR EAST AYRSHIRE Work on the East Ayrshire LDP is well underway with the Main Issues Report (MIR) and associated Environmental Report being published in November 2012. The MIR consultation period ended in January 2013. Previous East Ayrshire Development Plan Schemes have stated that a full review of the current Opencast Coal Subject Plan would be incorporated into the East Ayrshire LDP. Indeed, the Main Issues Report covered the opencast coal matters. However, in the last 6 months, two out of the three coal operators active in East Ayrshire have gone into liquidation and some of their assets have been acquired by Hargreaves Surface Mining Ltd and Hargreaves Services plc. This has resulted in major economic and environmental issues for East Ayrshire which the Council is still in the process of assessing and means that the future of open cast coal extraction in East Ayrshire is unclear. In these circumstances, it is not considered appropriate to arrive at a settled view on opencast coal

development at this time. Instead, it is proposed to prepare a separate Minerals LDP which, as well as covering opencast coal, will also include all other mineral extraction matters. It is envisaged that a new Minerals MIR will be published in March 2015, when the East Ayrshire LDP covering all other matters is at local plan examination. The proposed Minerals LDP would then be published in April 2016 with an LDP examination taking place in December 2016 and adoption in October 2017. Sections 8-10 of this Development Plan Scheme provide more detail on the production of a Minerals Development Plan. Sections 4-7 of this development plan scheme deal only with the East Ayrshire Local Development Plan which covers all issues with the exception of Opencast Coal and Minerals.

Both the East Ayrshire LDP and the Minerals LDP will cover the whole of the East Ayrshire area as shown on the map below:

4. STAGES IN PREPARING THE EAST AYRSHIRE LOCAL DEVELOPMENT PLAN In preparing their local development plans, Councils are required to take into account the National Planning Framework which is the Scottish Government’s strategy for Scotland’s long term spatial development. The East Ayrshire Local Development Plan will also reflect the aims set out in the Council’s Community Plan with particular emphasis on the Action Plan relating to ‘Delivering Community Regeneration’. Main Issues Report and Monitoring Statement – Published November 2012 In November 2012 the Council published and consulted on its Main Issues Report (MIR) which concentrated on the main areas of change in East Ayrshire and set out the Council’s general proposals for the area. Consultation ended on 25 January 2013. The MIR contained one or more reasonable sets of alternatives which allowed people to make meaningful comments which will assist the Council in reaching a view on the final content of the local development plan. A Monitoring Statement was also published alongside the MIR which looked at the impact that existing development plans and development activity have had on the area. The Proposed Plan for East Ayrshire – Due for publication in June 2014 Taking into account representations received on the MIR, the Council will prepare and publish the proposed plan (for all subject areas other than opencast coal and minerals) in June 2014. This will give the Council’s settled view as to future development of the area. It will contain a Vision Statement which will give a broad view of what East Ayrshire could look like in 20 years. The Spatial Strategy details how the Council proposes to move toward achievement of the vision. In terms of delivering the vision, focus will then turn to a handful of key locations with a variety of maps and sketches included to give users of the plan a greater insight into how these important locations could be developed to become better, more sustainable places. It is considered that if these locations are developed in line with the LDP, they will act as a driver for the successful sustainable economic growth of East Ayrshire as a whole. A set of strategic policies will also be included in the LDP which will help to deliver the vision and ensure that development is of a high quality and takes place in the right locations. The proposed plan will contain a set of maps of the area and will show the locations for new development for the first 10 years of the plan as well as a broad indication of the scale and location of development for the following 10 years. Local Development Plans are required to be replaced every 5 years to ensure that they are relevant and up to date. Alongside the proposed plan, an Action Programme will be published which will list all actions required to implement the policies and proposals of the proposed plan. It will provide timescales and will name the persons/organisations responsible for carrying out each action. Proposed Plan Examination and Adoption Once the proposed plan has been advertised for consultation, all objections/responses received will be assessed. At this stage further changes to the plan may be considered necessary and any such changes to the plan would also require to be advertised. However, if no further changes are made by the Council, an Examination will be carried out by an independently appointed Reporter into all unresolved issues after which the Council would proceed to adopt the proposed plan taking on board any changes made by the Reporter. All of the above stages and opportunities for public participation are shown in more detail in the timetable contained in Table 1.

5. STRATEGIC ENVIRONMENTAL ASSESSMENT Strategic Environmental Assessment (SEA) is concerned with the protection of the environment. It is a beneficial and thorough assessment process which ensures that environmental considerations are taken on board at an early stage in the Local Development Plan preparation process, to ensure development takes place in the right location with minimal environmental impact. Where environmental impacts are inevitable, SEA will identify mitigation measures to ensure that the proposed development/policy/strategy reduces the impact on the environment to an acceptable level. SEA is an integral part of, and will be taken into account throughout, the Local Development Plan process. An Environmental Report was published alongside the MIR in November 2012 and comments on it were invited. A revised Environmental Report will be published with the East Ayrshire LDP. 6. LOCAL DEVELOPMENT PLAN AND SEA TIMETABLE

Table 1 below details the various stages that require to be undertaken in the preparation of the Local Development Plan and the Strategic Environmental Assessment for East Ayrshire and sets out a basic timetable for the production of the plan.

Local Development Plan and Strategic Environmental Assessment Timetable Year/Month LDP Process SEA Process

2013 August Preparation of Proposed Plan and

Action Programme Members Seminar and consideration of Proposed Plan at full Council.

Environmental Appraisal of Proposed Plan and undertake Appropriate Assessment

September October November December 2014 January February March April May June Publication of Proposed Plan and

Action Programme Publication of Environmental Report and Consultation on Appropriate Assessment with SNH (if required)

July Consultation on Proposed Plan and Action Programme; Neighbour Notification

Consultation on the Environmental Report August

September Consider Representations Received on Proposed Plan, Prepare Responses and Report of

Consideration of the Comments/Responses to the Environmental Report and

October November

December Conformity with Participation Statement

Comments from SNH on the Appropriate Assessment, if required 2015

January February Submit Proposed Plan and all

documentation to Scottish Ministers and Publicise Examination Examination of Proposed Plan

Submit Proposed Plan and all documentation to Scottish Ministers and Publicise Examination

March April May June July August September October Reporter's Examination Report

Published and Submitted to East Ayrshire Council

November Consideration of Examination Report and incorporate recommendations (with Statement of Explanation for any recommendations disregarded)

Environmentally Appraise Modifications

December Publication of any Modifications and the Proposed Plan as Modified by East Ayrshire Council, Advertise Notice of Intention to Adopt, and Submit Proposed Plan (as Modified) to the Scottish Ministers

Publish and send revised Environmental Report (and Appropriate Assessment, if required) to Scottish Ministers

2016 January February Adoption of Plan Publish Post Adoption SEA

Statement and submit to SEA Gateway

March April Publish Action Programme In summary, it is anticipated that the Proposed Plan covering all issues with the exception of opencast coal and mineral extraction will be published in June 2014 and submitted to Scottish Ministers in February 2015 with a view to having the Proposed Plan adopted by the Council in February 2016. 7. PARTICIPATION STATEMENT FOR THE EAST AYRSHIRE LDP The Council is keen to ensure that all interested individuals, bodies and organisations are given ample opportunity to contribute to the LDP preparation process. The Council does, however, have to balance this with the resources available to undertake engagement and consultation. The sections below set out what engagement and consultation took place at Main Issues Report stage and what the Council intends to prior to and after publication of the Proposed Plan.

(i) Preparation of Main Issues Report The Council sought the views of the following bodies and key agencies in the compilation of the main issues report:

• the Scottish Ministers; • Scottish Environment Protection Agency (SEPA) • Scottish Natural Heritage (SNH) • Historic Scotland • Scottish Water • NHS Ayrshire and Arran • Transport Scotland • Strathclyde Partnership for Transport • Forestry Commission • Scottish Enterprise

(ii) Consultation and Community Engagement on Main Issues Report, Monitoring

Statement and Environmental Report. The following steps were taken after publication of the Main Issues Report to ensure that the maximum amount of people and organisations were able to put across their views.

1. Press release in all local newspapers circulating within East Ayrshire, and on the Council’s web site, advising people of the consultation period.

2. All Council Executive Directors and Heads of Department, together with all

Community Councils within the local authority area were contacted individually for their views.

3. Meetings will be held with the five area based Residents Panel Focus Groups

established throughout the local authority area to seek their views on the Main Issues Report, Monitoring Report and the Environmental Report.

4. All persons/bodies/organisations that made representation on/objections to the

Alteration to the East Ayrshire Local Plan were contacted for their views on the documents. A database of all interested parties is being built up over time and used for every consultation undertaken in the plan preparation process with new respondents being added at each stage.

5. A meeting was held with local businesses/retailers to discuss issues arising from the

MIR.

6. All bodies and key agencies that were consulted during the compilation of the Main Issues Report were consulted again for their views.

7. Two evening workshops were held in early December 2012 to facilitate the

engagement of the general public and local community groups at this stage of the local plan development process. One workshop was held at the Palace Theatre, Kilmarnock and the other in the Council offices at Cumnock. Both workshops were widely advertised in the local press, on the Council’s web site. Members of the Council’s five area based residents panels were contacted directly and invited to attend the workshop taking place closest to them. The workshops involved splitting into groups and discussing key questions asked in the MIR.

8. Five interactive consultation sessions were held; four of which were in local

supermarkets in Kilmarnock, Cumnock, Stewarton and Galston with the fifth taking place in Dalmellington Local Centre. These were four hour long sessions that involved members of the public stating their views and leaving comments. Display boards were produced for these events.

9. An afternoon workshop was held with a class of geography students at Doon Academy in Patna. This was successful in engaging the younger members of the community in the plan making process

8. Copies of the Main Issues Report, Monitoring Statement and Environmental Report

were placed in all local community libraries and in Council Offices for information and consultation purposes. The documents were also available be placed on the Council’s web site and arrangements made for representations on the documents to be submitted to the Council electronically via a dedicated local development plan email address.

(iii) Consultation on the Proposed Plan, Action Programme and Environmental Report Once prepared by the Council, it is intended that the Proposed Plan and its accompanying Action Programme and the Revised Environmental Report will be publicised in the Edinburgh Gazette, in the local press and on the Council’s web site and that all of the bodies and organisations previously consulted on the Main Issues Report and Monitoring Report, as described above, will once again be formally consulted on both documents. In addition, consultation and engagement will also take place with all relevant service providers and statutory undertakers and with a wide range of national and local organisations having a demonstrated interest in the statutory development planning process. Two information events, one in Kilmarnock and one in Cumnock will be held during the consultation period whereby members of the public can seek clarification on the content of the plan. In cases where a proposal for development of a specific site is likely to have a significant effect on the use or amenity of that site or of neighbouring land, formal notification of the preparation of the plan will also be given, in terms of Regulation 14(1) of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008, to the owner, lessee or occupier of any premises situated on that site or to the owner, lessee or occupier of any premises situated on the neighbouring land concerned. (iv) Consultation on Strategic Environmental Assessment (SEA) The Consultation Authorities (Scottish Natural Heritage, SEPA and Historic Scotland) will be consulted via the SEA Gateway at Proposed Plan stage.

8. STAGES IN PREPARING THE MINERALS LOCAL DEVELOPMENT PLAN Minerals Main Issues Report and Monitoring Statement The Minerals LDP will involve the publication of a fresh MIR on opencast coal and minerals. Those sections of the East Ayrshire LDP MIR relating to opencast coal and minerals published in November 2012 will be superseded by the new MIR due for publication in March 2015. The Minerals MIR will focus on the key areas of change relating to opencast coal and minerals and will take full account of the outcome of an independent review currently being undertaken into opencast coal issues. A Monitoring statement will also be published alongside the MIR. The Proposed Minerals Plan Taking into account representations received on the MIR, the Council will prepare and publish the minerals proposed plan in April 2016. This will give the Council’s settled view regarding opencast coal and minerals. Alongside the proposed plan, an Action Programme will be published which will list all actions required to implement the policies and proposals of the proposed plan. It will provide timescales and will name the persons/organisations responsible for carrying out each action. Proposed Minerals Plan Examination and Adoption Once the proposed plan has been advertised for consultation, all objections/responses received will be assessed. At this stage further changes to the plan may be considered necessary and any such changes to the plan would also require to be advertised. However, if no further changes are made by the Council, an Examination will be carried out by an independently appointed Reporter into all unresolved issues after which the Council would proceed to adopt the proposed plan taking on board any changes made by the Reporter. Strategic Environmental Assessment An Environmental Report will be published alongside the Minerals MIR in March 2015 and comments on it will be invited. A revised Environmental Report will be published with the Minerals Proposed Plan in April 2016. 9. MINERALS LOCAL DEVELOPMENT PLAN AND SEA TIMETABLE

A basic timetable for the production of the Minerals Local Development Plan is set out in table 2 below. Date Stage of Minerals LDP Production January 2014 – January 2015

Preparation of Minerals MIR and accompanying Environmental Report

February 2015 Consideration of Minerals MIR and Environmental Report (ER) by Cabinet and full Council

March – May 2015 Publication of MIR and ER and period of public consultation July 2015 – February 2016

Consideration of responses received to Minerals MIR and Environmental Report and Preparation of a Minerals Proposed Plan

March 2016 Consideration of Minerals Proposed Plan and Environmental Report by Cabinet and full Council

April – June 2016 Publication of Minerals Proposed Plan and period of public consultation

July – October 2016 Consider Representations Received on Proposed Plan and Prepare Responses

November 2016 Submit Proposed Plan and all documentation to Scottish Ministers and Publicise Examination

December 2016 – June 2017

Examination of Proposed Plan

October 2017 Adoption of Minerals Local Development Plan In summary, it is anticipated that a new Minerals MIR will be published in March 2016 with the Proposed Plan following in April 2016. It is envisaged that the plan will be submitted to Scottish Ministers in November 2016 with a view to having a new Minerals LDP adopted by the Council in October 2017. 10. PARTICIPATION STATEMENT FOR THE MINERALS LDP (i) Pre MIR Publication Consultation All parties who responded to the opencast coal and minerals issues of the EALDP Main Issues report published in November 2012 will be informed in writing of the Council’s intention to publish a separate, new Minerals MIR and will be invited to submit any comments for consideration. In preparing the Minerals MIR, it is considered that a significant amount of consultation and engagement will be required in light of recent events in the coal industry. The following organisations/groups will be consulted for their views:

• Community Councils and interested community groups and individuals • All opencast coal and minerals operators active or with an interest in East Ayrshire • CoalPro – the organisation which represents the coal industry • SNH • SEPA • Scottish Government • Scottish Mines Restoration Trust – established to support the restoration of coal

mining sites

The above list is not exclusive.

When the new minerals MIR is approved, all who previously responded to opencast coal and minerals issues in the November 2012 MIR will be informed of the approved Minerals MIR and will be invited to respond during the consultation period. (ii) Post Minerals MIR Publication Consultation The Council will undertake the following consultation after the publication of the Minerals MIR:

• Press releases in all local newspapers and on the Council’s website • Workshops with local residents • Interactive Public Displays in supermarkets • Further meetings with all who were consulted prior to publication

• All documents will be made available in all public libraries and key Council offices

(iii) Consultation on the Minerals Proposed Plan, Action Programme and

Environmental Report Once prepared by the Council, it is intended that the Minerals Proposed Plan and its accompanying Action Programme and the Revised Environmental Report will be publicised in the Edinburgh Gazette, in the local press and on the Council’s web site and that all of the bodies and organisations previously consulted on the Minerals Main Issues Report will again be formally consulted on both documents. Two information events, one in Kilmarnock and one in Cumnock will be held during the consultation period at which members of the public can seek clarification on the content of the plan. In cases where a proposal for development of a specific site is likely to have a significant effect on the use or amenity of that site or of neighbouring land, formal notification of the preparation of the plan will also be given, in terms of Regulation 14(1) of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008, to the owner, lessee or occupier of any premises situated on that site or to the owner, lessee or occupier of any premises situated on the neighbouring land concerned. (iv) Consultation on Strategic Environmental Assessment (SEA) The Consultation Authorities (Scottish Natural Heritage, SEPA and Historic Scotland) will be consulted via the SEA Gateway at Minerals Proposed Plan stage.