APPENDIX D- Aberdeenshire Local Plan Policies

International Nature Conservation Sites

Development that would have an adverse effect on a Natura 2000 or a Ramsar site will be refused unless the developer proves:

a) there are imperative reasons of overriding national interest, including those of a social, environmental or economic nature;

b) the objectives of the designation and overall integrity of the area will not be compromised; AND

c) there is no alternative site for the development. Where development is allowed which could affect any of these designated sites, including beyond their boundaries, the developer must demonstrate that adequate measures will be taken to conserve and enhance the sites ecological, geological and geomorphological interest.

National Nature Conservation Sites

Development that would have an adverse effect on a Site of Special Scientific Interest or a National Nature Reserve will be refused unless the developer proves:

a) any significant adverse effects on the quality for which the area has been designated are clearly outweighed by social and economic benefits of national importance;

b) the objectives of the designation and overall integrity of the area will not be compromised; AND

c) there is no alternative site for the development. Where development is allowed which could affect any of these designated sites, including beyond their boundaries, the developer must demonstrate that adequate measures will be taken to conserve and enhance the sites ecological, geological and geomorphological interest.

Biodiversity

Development that would have an adverse effect on habitats or species protected under British or European Law, or identified as a priority in UK or Local Biodiversity Action Plans, or on other valuable habitats, will be refused unless the developer demonstrates:

a) that the public benefits at a local level clearly outweigh the value of the habitat for biodiversity conservation;

b) that the development will be sited and designed to minimise adverse impacts on the biodiversity of the site, including its environmental quality, ecological status and viability; AND

c) that there will be no further fragmentation or isolation of habitats as a result of the development. Where there is evidence to suggest that a habitat or species of importance exists on the site, the developer may be required at his own expense to undertake a survey of the sites natural environment. Where possible, developers should incorporate existing habitats and identify suitable opportunities for creating and restoring habitats, wildlife corridors and enhancement schemes, using best practice.

National Scenic Areas and Areas of Landscape Significance

Development within or adjacent to a National Scenic Area or Area of Landscape Significance will not be permitted where its scale, location or design will detract from the quality or character of the landscape, either in part or as a whole. Where acceptable, in principle, development must conform to Appendices 1 and 5. In all cases the highest standards of design, in terms of location, scale, siting, aesthetics and landscaping, will be required within National Scenic Areas and Areas of Landscape Significance.

Coastal Development

Development on the Developed Coast will be approved, in principle, if:

a) the site has been allocated in a settlement statement in Chapter 8; OR

b) it requires a coastal location, or it contributes to the social and economic well being of the particular settlement; AND

c) it will not lead to the coalescence of coastal developments.

Development on the Undeveloped Coast will be refused unless:

d) the social and economic benefits clearly outweigh any adverse environmental impact;

e) there is no suitable alternative site for the development; AND

f) it respects the character, environment and amenity of the surrounding area

In all cases:

g) development shall be prohibited on any parts of the coast that are identified as at risk from flooding or erosion;

h) where applicable, the development must conform to policy Gen/ 4 (Infill Development) or the relevant countryside policy;

i) satisfactory account must be taken by the developer of locating the proposal in an existing settlement, on brownfield land or in disused buildings;

j) proposals for coastal protection works will be required to include an assessment of the implications of the works on coastal processes at the point of the works and on other parts of the coastal cell;

k) an assessment will be required to evaluate the impact of development, individually or cumulatively, on natural and cultural heritage interests, and on open space and access.

Protected and Other Open Areas in Settlements

Development that would have an adverse effect on a Protected Area or other open area will be refused unless:

a) it is for an essential community facility which cannot be located elsewhere and whose public benefits clearly outweigh the value of the site to the settlements special character or amenity; AND

b) it would positively impact on the settlements overall special character or amenity.

Agricultural Land

Development that would cause the permanent loss of productive agricultural land will be refused unless it has been allocated for development in the Plan or the developer demonstrates:

a) its social or economic benefit clearly outweighs the agricultural value of the site; AND

b) there is no suitable alternative site for the development. Where the agricultural classification of the land is in question the developer must demonstrate its quality.

Water Catchment Areas

Development that would generate discharges or other impacts, which would have an adverse effect on the water quality or ecological status of water bodies including their catchment areas, will be refused, unless the development meets the criteria set out in policies Env\1, Env\2, Env\3 and Env\4 (International, National and Other Recognised Nature Conservation Sites and Biodiversity).

Listed Buildings

All Listed Buildings or structures contained in the statutory list of Buildings of Special Architectural or Historic Interest for Aberdeenshire shall be protected against all works which would have a detrimental effect on their listed character, integrity or setting by the refusal of listed building consent and/or planning permission. The council will encourage the protection, maintenance, enhancement, active use and conservation of Listed Buildings. Alterations and extensions to Listed Buildings or new developments within their curtilage must be of the highest quality, respect the original structure in terms of setting, scale, design and materials and conform to Appendix 4. In principle, the Council will be sympathetic to applications, which demonstrate satisfactorily that the proposed development is essential to securing the viable use of the Listed Building without undermining its architectural or historic character or its setting. Where housing is proposed as enabling development the applicant must show he has no opportunities for new housing development under policies Hou/1, Hou/3, Hou/4, Hou/5 or Hou/6 on that site. Any enabling housing development must comply with parts b), c) and d) of section 2 of policy Hou\4 and will be a .one off. opportunity.

Archaeological Sites and Ancient Monuments

Development, which would have an adverse effect on an Ancient Monument or other archaeological site of either national or local importance or on their settings, will be refused unless:

a) there are imperative reasons of overriding public interest, including those of a social, environmental or economic nature; AND

b) there is no alternative site for the development. When development is approved, satisfactory steps must be taken to mitigate adverse development impacts, at the developers expense. Similarly, when development is approved and the reservation of the site in its original location is not possible, the excavation and recording of the site will be required in advance of development, at the developers expense. Where there is doubt, the developer may be required to provide further information on the nature and location of the archaeological feature(s) involved prior to determination of the planning application.

Local Cultural Sites and Vernacular Buildings

Development that would have an adverse effect on local cultural sites, will be refused, unless the developer takes satisfactory steps to mitigate negative development impacts. Development that would involve the unnecessary demolition or insensitive alteration of vernacular buildings that contribute to the character or amenity of the surrounding area will be refused.

Public Access

Development that would have an adverse effect on any existing or potential public access for walking, cycling or horse riding, will be refused unless:

a) it retains existing or potential public access while maintaining or enhancing its amenity value; OR

b) it makes alternative access provision that must be no less attractive and is safe and convenient for public use.

Encouragement will also be given to new access routes, which promote .green transport. while not adversely affecting the land concerned.

Roads and Accesses

A new road or other access will be approved if:

a) it is designed to be safe, convenient for pedestrians, cyclists and public transport, resource efficient and cause minimal impact on the character of the site and surrounding area;

b) no new private access is taken directly from a road carrying more than 2,000 vehicles per day (average daily flow);

c) satisfactory arrangements are made for its subsequent maintenance; AND

d) where required, a Transport Assessment shows that the development and any mitigation measures proposed will not have significant transport impacts on existing transport infrastructure or services.

Drainage and Water Standards

Development will be approved, in principle, if:

a) it will not overload existing mains infrastructure or it is practical for the developer to provide for new infrastructure; OR

b) where public infrastructure is not available and it requires private infrastructure or the use of a septic tank, it has been demonstrated that this can be provided without negative impacts to public health, the environment or the quality of groundwater; AND IN EITHER CASE

c) where requested, a Drainage Impact Assessment is provided at the developers expense.

Additional Drainage Standards: Sustainable Urban Drainage Systems (SUDS)

Development will be approved, in principle, if surface water treatment is dealt with in a sustainable manner and in ways that avoid flooding and pollution. Flood risk assessments will be required in those cases where flooding can be expected.

Sustainable Urban Drainage Systems (SUDS) will be required as a means of achieving sustainable disposal and/or re- use/recycling of surface water. In all cases the developer will be required to demonstrate how the effectiveness of the measures taken will be maintained in perpetuity.

Sustainability Principles

Development will be assessed against sustainability indicators that relate to the local environment, community and economy, demonstrated by whether the proposal:

a) is concerned with the long term sustainable use and management of land;

b) is well related to existing settlements and avoids dispersed patterns of development;

c) reduces the need to travel using private cars, by being close to existing public transport or allowing safe, easy access by walking and cycling;

d) does not damage valuable natural resources, habitats, species or the environment;

e) does not damage built or cultural heritage resources;

f) does not impact negatively on the character, environment or amenity of the surrounding area;

g) makes full use of design and technology to maximise the efficient use of energy and resources, and minimise light pollution;

h) does not prejudice future development opportunities nor create a precedent for inappropriate future development patterns;

i) reduces the production of waste and manages it as a resource in accordance with the waste hierarchy i.e. Reduce, Reuse, Recover, Dispose;

j) does not give rise to hazards, pollutants, flooding or nuisances in the surrounding area;

k) does not compromise public health or safety;

l) provides new, or helps support existing, local employment;

m)helps support existing community services and facilities;

n) provides affordable access to land or housing to people in need and promotes security of tenure.

Where there is substantial doubt in assessing proposals, the precautionary principle will apply.

Landscaping Standards

Development will be approved, in principle, if the provision of landscaping and proposals for its subsequent maintenance conform to the requirements in Appendix 5.