Orkney Islands Council

Supplementary Guidance: Settlement Statements

Participation Statement and Consultation Report

19 January 2017

IMAGE: The cover page displays the Orkney Islands Council crest and the title “Supplementary Guidance: Settlement Statements — Participation Statement and Consultation Report”, dated 19 January 2017.

1. Introduction

The Council has decided to remove the detail of the settlements statements from the emerging Orkney Local Development Plan and form a separate Supplementary Guidance (SG). This will allow the detail of this Supplementary Guidance to be changed and updated throughout the lifetime of the emerging Orkney Local Development Plan.

Work on the pre-drafting of the settlement statement was completed within assistance from key agencies such as Scottish Natural Heritage and Scottish Environment Protection Agency and other planning stakeholders such as Road Services at the Council at the same time as the Proposed Plan policies were being drafted. The drafting process has been greatly informed by the Main Issues Report consultation outcomes.

The consultation on the draft SG: Settlement Statement ran at the same time as the Proposed Plan consultation from 5 May 2016 until 16 June 2016.

2. Consultation Methods

A. Public advertisement

• An official advertisement was placed in the Orcadian Newspaper on 5 May 2016 detailing the nature of the consultation, the consultation dates, the location of copies of the consultation documents and how members of the public could comment.

• The consultation was also reported on the Orcadian website and through OIC Updates Facebook page.

• A Press Release was issued at the beginning of the consultation period.

B. Public display of documents

• Copies of the draft Supplementary Guidance were made available at the OIC Customer Services One Stop Shop in Kirkwall, the Kirkwall Library and Archive and the Strommess Warehouse Building.

• Copies were also available to members of the public on request.

• Electronic copies were available on the Orkney Islands Council website.

C. Statutory Notification

• Letters or emails were sent to notify key agencies, planning stakeholders and members of the public who have previously stated an interest in development planning of this consultation. This was completed on the 5th and 6th May 2016. The notification informed all on the consultation period, where documents could be viewed and how / when comment could be made.

IMAGE: The page scan repeats the Council title and the consultation methods, including public advertising, public display of documents and statutory notification.

3. Analysis of Consultation

In total, the Council received 47 written or emailed representations on the Draft SG: Settlement Statement and the Proposed Plan. A number of the representations received affected both the Proposed Plan (through the Proposal Maps element) and the draft SG: Settlement Statements. Comments that requested directly or indirectly an amendment to a policy or proposal of the Proposed Plan that would materially change it, requires to be considered by a Scottish Government appointed Reporter through the Examination of the Proposed Plan.

Main Points

• The Scottish Government has not commented on the draft SG: Settlement Statements.

• Scottish Environment Protection Agency (SEPA) considers the wording used for Kirkwall allocations K-23 (the Former Bus Station) and K-24 (Former Jewson’s Site) as not appropriate in dealing with the flood risk (coastal, pluvial and fluvial) for these sites and would require to be changed. If wording is not changed, SEPA would object.

• Other comments from SEPA either support content or request minor changes.

• Road Services have requested the use of Development Briefs and Transport Assessments for larger applications.

• Scottish Water has requested reference to their five growth criteria and their Pre-Development Enquiry procedure.

• OHAL has questioned some detail of housing allocations under their ownership.

• RSPB would like reference to the draft SPAs for relevant settlements and the identification of all Local Nature Conservations Areas that are near to settlements and allocations.

• SNH has requested a new section for each Settlement Statement entitled Settlement Character looking at the settlement character.

Statistical Analysis

IMAGE: The page scan contains the “Statistical Analysis” table listing the numbers of comments, consultees and unresolved issues.

4. The Examination Report Outcomes

As noted above 18 of the Examination’s 32 Unresolved Issues affect the draft Supplementary Guidance: Settlement Statements. The Scottish Government’s Examination Report was published on 30 January 2017. The Reporter’s recommendations are generally binding. A redacted copy of the Examination Report is available in the Elected Member’s Lounge, at Customer Services at the Main Kirkwall OIC Office and online at http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=117649

Three of the Unresolved issues have made a recommendation to change the Proposal Maps that and therefore the draft SG: Settlement Statements.

Relevant Unresolved Issues

Issue 21 - Kirkwall (K-17)

12 members of the public objected to this housing allocation.

Recommendation - Site K-17 should be deleted from the proposed plan as a housing allocation and designated as strategic open space.

Action for the draft SG: Settlement Statement – this allocation will be removed and the settlement statement Kirkwall plan amended to remove this allocation and designate it as strategic open space.

Issue 27 – Scorrodale

A member of the public asked for this rural settlement to be removed and considered the name Linnadale as not representative of the settlement.

Recommendation – The proposed plan should be modified by deleting the name Linnadale and subtitling Scorradale.

Action for the draft SG: Settlement Statement – for the name of this settlement to be changes to Scorradale.

Issue 32 - Burnside (boundary change)

2 separate landowners requested amendments to the settlement boundary.

Recommendation - The plan should be modified at the southern end of the village in accordance with the plan attached to representation at B-A of the current local development plan in accordance with the plan submitted with representation.

Action for the draft Supplementary Guidance: Settlement Statement – for the Burnside settlement statement plan to be amended to take in the 2 boundary changes.

IMAGE: The page scan shows the continuation of the Examination Report Outcomes section, including Issues 27 and 32 and their recommended actions.

5. Further Amendments

The consultation report attached notes all amendments to be taken forward.

Main amendments

• Following the consultation, Development and Marine Planning have negotiated with SEPA on revised wording for Kirkwall allocations K-23 (the Former Bus Station) and K-24 (Former Jewson’s Site). For both allocations this wording has been agreed with SEPA:

  “Presently there are identified coastal, fluival and pluvial flood risks on this site. Any development proposal on this site would require a flood risk assessment to demonstrate that the site is not at risk of flooding or the risk can be managed without increased risk elsewhere. Depending on the outcomes of this flood risk assessment, it should be noted that the residential element of any mixed use development many be conditioned to only allow occupation after all flood risks have been successfully mitigated against in line with the planned measures for Kirkwall within the Orkney Local Flood Risk Management Plan.”

• In the Induction Section, a requirement for Development Briefs and or Transport Assessment, for development proposals within settlement boundaries which is it deemed to provide for better development outcomes has been inserted.

• In the Induction Section, Scottish Water’s Pre-Development Enquiry procedure and their five growth criteria have been inserted.

• No reference to the draft Special Protection Areas or Local Nature Conservations Areas will be included as this information will be provided in detail in SG: Natural Environment.

• The Council will investigate with SNH the development of Settlement Character statements for each settlement in the future taking into consideration reviewed / revised Urban Design Frameworks and Masterplans.

6. Conclusion

Once the Proposed Plan has been adopted, this Supplementary Guidance (once approved) will be taken forward as statutory guidance that will sit at the same level of as the newly adopted Plan. Development and Marine Planning anticipate updating this Supplementary Guidance periodically to take consideration of newly produced development briefs, masterplans or urban design frameworks; and changes in circumstance. The only adverse comment from SEPA has been satisfied.

IMAGE: The page scan contains the conclusion of the report, stating that the Supplementary Guidance will become statutory guidance after adoption of the Proposed Plan and may be updated periodically.