The LDP Process

Introduction

The key stages in preparing an LDP are set out within the Scottish Government’s LDP Guidance and are summarised in Figure 5. The stages can be grouped into 3 distinct phases. Evidence Gathering is the initial information gathering stage and the preparation of the Evidence Report that is submitted to the Department for Planning and Environmental Appeals (DPEA) for Gatecheck. The Plan Preparation stage involves preparing and consulting on the plan strategy which is then submitted to the DPEA for Examination. The Delivery stage focuses on outcomes, Delivery Programme and monitoring. 

Transport appraisal is a key element of the Plan Preparation stage. It should be completed in time to inform the Proposed Plan spatial strategy, building on the information and data at the Evidence Gathering stage.

Engagement with Transport Scotland

Transport Scotland should be engaged throughout Evidence Gathering, Plan Preparation and Delivery stages, including the transport appraisal, as shown in Figure 6 overleaf.

Evidence Gathering

• Early engagement on transport baseline data with Transport Scotland.
• Refer to Transport Scotland LDP Evidence Report baseline data information document, LDP Guidance and NPF4 Policy 13 and 18.
• Commitment to undertake a proportionate appraisal required within Evidence Report through discussion with Transport Scotland.
• Transport Scotland will provide formal response on sufficiency of the Evidence Report prior to Gatecheck submission.
• Disputes should be resolved prior to Gatecheck and any agreed gaps identified for resolution post-Gatecheck.

Call for sites

• Engage with Transport Scotland once sites have been initially sifted by the planning authority.
• Refer to Key Agency guidance on call for sites / site selection process
• Transport Scotland can provide comments on potential cumulative and site-specific impacts.

Proposed Plan Preparation

• Early engagement with Transport Scotland to discuss spatial strategy options, drawing on Evidence Report and call for sites implications.
• See Figure 7 regarding when to engage with Transport Scotland on the appraisal.
• Should engagement with Transport Scotland be required:
  • Discuss and agree transport appraisal tools and methodology, scope, reporting and requirements, in line with Appraisal Levels.
  • Ensure continuous engagement.
  • If transport modelling is required of the Strategic Transport Network, agree tools, scope and methodology with Transport Scotland.
  • Identify any strategic infrastructure impacts and, if required after discussion with Transport Scotland, deliverable mitigation measures.
  • Identify and agree the delivery pathway of any mitigation required to the Strategic Transport Network to facilitate the LDP strategy.
  • Appropriate transport appraisal reporting to inform the LDP strategy and Delivery Programme.
  • More detailed studies including DMRB and PACE may be required subsequent to the LDP appraisal.

Delivery Programme

• Engage with Transport Scotland on the delivery pathway of any mitigation required to the Strategic Transport Network.
• Refer to LDP Guidance and NPF4 Policy 18 Infrastructure First.

Transport Scotland should be able to fully understand any cumulative impacts on the Strategic Transport Network and the appropriateness of any mitigation measures to ensure the network’s safe and effective operation. The appraisal should set out the potential impact in an appropriate and agreed manner, as well as any associated mitigation and facilitate an understanding of a clear delivery pathway, to avoid delays to the plan process and delivery of the outcomes. 

Proposed mitigation measures to be taken forward for delivery will be subject to all statutory processes and must take into account appropriate design and business case guidance.

Plans should be informed by evidence of an area’s transport infrastructure, and an appraisal of the land use proposals on the transport network.

This should identify any potential transport impacts and deliverable mitigation proposed to inform the plan’s infrastructure first approach.

Where there is likely to be an impact on the trunk road, rail or ferry network, early engagement with Transport Scotland is required.

Evidence Gathering

Evidence has a fundamental role in the transport appraisal process, which informs both the emerging plan and the level of support Transport Scotland is able to offer that plan.

Early and continued engagement with stakeholders, including Transport Scotland, should be undertaken at this stage to gather data on the information required within the LDP Guidance. For transport this will relate to the existing transport infrastructure and services, how they are used, their availability, accessibility, capacity, constraints, and condition, including cross boundary considerations, in line with NPF4 Policies 13 and 18. Transport Scotland will focus on this evidence in relation to the Strategic Transport Network. Evidence collated for the development of Local and Regional Transport Strategies must be used to inform the evidence base for the LDP Evidence Report.

The information gathered at this stage for the Evidence Report can be further utilised and developed within the transport appraisal process. The Evidence Report should set out a commitment to undertake a transport appraisal prior to publication of the Proposed Plan in line with LDP Guidance. It should set out that discussions have taken place with Transport Scotland on the appraisal and the way forward.

Formal agreement from Transport Scotland on the sufficiency of the data at this stage, prior to submission to Gatecheck, is required as set out within LDP Guidance. Planning authorities should clearly set out the engagement undertaken and the steps taken to alleviate any concerns or disputes.

Call for Sites/Site Appraisal Stage

Developers can help facilitate this stage by undertaking work to support their proposed development for inclusion within the plan. Developers may have worked up details on potential phasing of land uses, concept master plans, transport and financial viability assessments, all of which can usefully inform the plan preparation process. This information will be helpful to the planning authority and be used to identify preferred sites for inclusion within the plan.

Key Agencies can consult on any Call for Sites stage undertaken by a planning authority, and Transport Scotland will provide comments on the potential cumulative impact of sites and highlight any relevant site-specific issues. It is advised that planning authorities take cognisance of the Guidance published by the Key Agency Group for consulting at this stage as this will be a resource intensive stage for Key Agencies.

Undertaking the Transport Appraisal

The requirement to undertake a transport appraisal should have been established and acknowledged within the Evidence Report.

To secure the greatest level of support for a Proposed Plan, the transport appraisal should be undertaken following publication of the Evidence Report post Gatecheck. Depending on specific site characteristics, this process may be iterative.

There may be circumstances whereby a planning authority deems a transport appraisal not to be appropriate, depending on the scale, size and location of development proposals. The risk associated with this approach sits with the planning authority. Whilst it could be considered unlikely, there is no guarantee that an appraisal will not be required later in the planning process.

Figure 7 sets out initial engagement or a scoping exercise with Transport Scotland, which is considered good practice to help clarify and agree the requirement, scope and appraisal level where relevant.

Figure 7 asks ‘Do site options for potential inclusion in the spatial strategy have the potential to cumulatively impact on the Strategic Transport Network; or does an authority seek to further understand the transport implications of the site options and if there may be potential to cumulatively impact the Strategic Transport Network’. If the answer is ‘Yes’, then engagement should be undertaken with Transport Scotland and the appraisal tools, scope, methodology and reporting should be discussed with Transport Scotland

If the planning authority do not consider site options for potential inclusion in the spatial strategy have the potential to cumulatively impact on the Strategic Transport Network; or the authority is not seeking to further understand the transport implications of the site options; or if there may be no potential cumulative impact the Strategic Transport Network, then the ‘No’ option is taken.

This route sets out that agreement should be reached with Transport Scotland that no impact on the Strategic Transport Network is anticipated. No further engagement with Transport Scotland is then required.

A transport appraisal (Low Level) is still recommended to be undertaken to consider the impact of development on the local transport network, in accordance with NPF4 Policy 13 Sustainable Transport and Policy 18 Infrastructure First.

Proposed Plan Preparation

The Proposed Plan should ensure that both the planning authority and Transport Scotland are clear about the plan’s vision and land use strategy and the decisions necessary about strategic infrastructure delivery and investment.

The Proposed Plan should identify infrastructure required to deliver the spatial strategy addressing any cumulative impacts, and should also help to identify where, how and when required infrastructure will be funded and delivered in accordance with NPF4 Policy 18. LDP Guidance states that in preparing the spatial strategy, consideration should be given to the:

• Evidence of the area’s existing and committed transport infrastructure capacity.
• Strategic and cross-boundary transport connectivity, including links to the wider transport network (beyond development site boundaries).
• Climate resilience of existing and planned transport infrastructure including changing rainfall patterns, flood and storm drainage and temperatures.
• Committed transport infrastructure investment (including active travel) and delivery pathways.

The spatial strategy should detail what multimodal transport infrastructure is required to support the plan’s vision. This should be in accordance with NPF4 Policy 13 and 15 and the NTS2 sustainable travel and investment hierarchies. The plan should identify where existing infrastructure capacity is to be used to support the creation of places, also where new or enhanced infrastructure is required, and the likely scale, location, timing and procurement of that required infrastructure.

Firm proposals expected to be delivered in the plan period should be clearly differentiated from land safeguarded in the long-term for potential or aspirational future development.

Plans should not allocate sites for development where cumulative transport infrastructure impacts and requirements on the Strategic Transport Network have not been identified or cannot be delivered.

It may be considered acceptable to reserve land for potential future transport infrastructure provided it is not required to realise the plan objectives, and a commitment is made to appraise any potential infrastructure measures following the appropriate process. This should be made clear within the plan. The planning authority should consider all the risks to this approach before safeguarding land.

Transport Scotland’s support of land use and transport interventions does not imply funding support for such interventions.

Transport Scotland may be unable to provide support to the Proposed Plan when:

• There is insufficient detail on either the proposed land uses or associated transport appraisal to enable an informed view of the cumulative impacts on the Strategic Transport Network.
• The spatial strategy or specific land uses compromise the performance and safety of the Strategic Transport Network, and no mitigation is proposed; or mitigation is proposed without a clear funding and delivery pathway.