Appendix A18.1 – Assessment of Policy Compliance

Edinburgh and the Lothians Structure Plan 2015

ECON4 – Established Green Belt uses

n/a

n/a

x

x

Additional land for development may only be justified within the boundaries of Edinburgh Airport, Royal Highland Showground and Heriot Watt University at Riccarton.

The scheme would represent additional land being taken within the Green Belt boundary for development and therefore the scheme is non-compliant with policy ECON 4.

ENV1G – Design of new development

n/a

n/a

√

√

Requires local plans to include policies to promote high quality of design in all new development.

ENV2 - Green Belt

n/a

n/a

x

x

A continuous Green Belt around Edinburgh must be maintained. There is a presumption against development but local plans may justify any exceptions to national planning policy.

Both southern options cut through the Green Belt.

ENV5 - The Coast

n/a

n/a

√

√

Development of the undeveloped coast will only be permitted where it demonstrates a need for a coastal location, where benefits outweigh any detrimental environmental impact and where there is no alternative site.

ENV1C - International and National Historic or Built Environment Designations

n/a

n/a

?

?

Development which would harm the character, appearance and setting of World Heritage Sites, Listed Buildings, Scheduled Ancient Monuments or Sites listed in the Inventory of Gardens and Designed Landscapes and/or the specific features that justify their designation, should be resisted.

Mitigation measures may be required to reduce the impact on some sites (Chapter 10: Landscape, Chapter 11: Visual and Chapter 12: Cultural Heritage).

ENV1D - Regional and Local Natural And Built Environment Interests

n/a

n/a

√

√

Schemes that have a direct impact or impact on the setting of Conservation Areas or sites of archaeological interest will only be permitted if the objectives or overall integrity of the site are not compromised or the social/economic benefits outweigh the conservation value.

Fife Structure Plan 2001 - 2011

SS4 – Dunfermline Area

√

√

n/a

n/a

Continued phased development of the Dunfermline Eastern Expansion Area for housing, employment and ancillary land.

SS5, PT1 – Rosyth Military Estate

√

√

n/a

n/a

Proposal for development of roll-on roll-off ferry terminal, port and related facilities, industrial, business and mixed uses will be supported.

PT2 – Transport Proposals

√

√

n/a

n/a

Land for the following routes and facilities will be safeguarded from prejudicial development:

• Bus/rail interchange at Inverkeithing.
• Kincardine eastern bypass.
• Rosyth bypass (A985).
• Tay Bridgehead park and ride site.
• New park and ride at Halbeath, Dunfermline.
• A92T Preston to Balfarg junctions improvement scheme.
• Rosyth Access Road, A90 Ferrytoll to port.
• A92T interchange at Redhouse.

SS4 – Dunfermline Area

√

√

n/a

n/a

Continued phased development of the Dunfermline Eastern Expansion Area for the provision of housing, employment and ancillary land.

SS8 – Green Belts for Dunfermline

√

√

n/a

n/a

There is a presumption against development or changes of use in Green Belts.

N5 – Development of the Developed Coast

√

√

n/a

n/a

Development will be supported in principle where it demonstrates the need for a coastal location and it does not prejudice the footpath or cycle network.

N6 – Development on the Undeveloped Coast

√

√

n/a

n/a

Development on the undeveloped coast outwith settlements will only be permitted where it demonstrates a need for a coastal location, no alternative site is available and it meets a social and economic need of the community and it does not prejudice the footpath or cycle network.

B1 – Built Heritage

?

?

n/a

n/a

Development will be supported where it does not adversely impact on Listed Buildings, Conservation Areas, sites recorded on the Inventory of Gardens and Designed Landscapes, non-inventory gardens or designed landscapes or sites recorded in the Fife SMR.

Mitigation measures where required will be provided in the Stage 3 assessment.

Finalised Fife Structure Plan 2006 - 2026

T2 - Safeguarding of Existing and Potential Transport Routes

√

√

n/a

n/a

Landfall for approach infrastructure for a potential new multi-modal crossing of the Forth will be safeguarded from development that may prejudice existing or future transportation use.

PT1 - Transport Proposals

√

√

n/a

n/a

A new multi modal cross-forth bridge and associated approach networks at North Queensferry has been classified under the category national/international and the policy states that an initial feasibility study with potential for a new bridge within the Plan period is required.

Rural West Edinburgh Local Plan, Adopted 2006

E41 - Design of New Development

n/a

n/a

√

√

New development will be required to promote high standards of design for all development. Special attention is also required to design quality at gateways and along arterial routes.

E42 - Quality of New Development

n/a

n/a

√

√

New development will be required to make a positive contribution to the overall character of its context and immediate setting.

E14 - Designed Landscapes

n/a

n/a

?

?

Proposed development which would adversely affect Designed Landscapes of national significance or their setting will only be permitted where it assists restoration and would not adversely affect the artistic merit, historical, horticultural, arboricultural, archaeological, and architectural, nature conservation or scenic value of the landscape.

The impact on the scenic value of Dalmeny and Newliston has been assessed as being of Negligible to Slight significance (Chapter 10 – Landscape). Impacts on Dundas Designed Landscape have been assessed as being of Substantial to Severe for South Corridor Option 1 and Moderate to Substantial for South Corridor Option 2.

E8 - Area of Outstanding Landscape Quality and Areas of Great Landscape Value

n/a

n/a

x

x

Within designated Areas of Great Landscape Value (AGLV) and Areas of Outstanding Landscape Quality (AOLQ), the quality of the landscape will be protected and enhanced. Development will not be permitted where it would adversely affect the special scenic qualities and integrity of the AGLV or AOLQ. The landscape features include patterns of woodland, fields, hedgerows and trees; the special qualities of rivers and lochs; and skylines and hill features, including prominent views. The impact on Dalmeny and Newliston AOLQs has been assessed as being of Negligible to Slight significance (Chapter 10 – Landscape). Impacts on Dundas AOLQ have been assessed as being of Substantial to Severe for South Corridor Option 1 and Moderate to Substantial for South Corridor Option 2.

E30 - Non-Scheduled Archaeological Remains - Archaeological Evaluation

n/a

n/a

√

√

Archaeological evaluation required where impact on known archaeological sites or potential impact on unknown archaeological sites. Where preservation in situ is not feasible archaeological investigation and reporting is required.

E32 - Listed Buildings

n/a

n/a

√

√

Proposals affecting a listed building or its setting will be considered for their effect on the character of the building.

E34 - Listed Buildings - Country

Houses

n/a

n/a

√

√

To protect the setting and character of listed country houses, development in their grounds will only be permitted where the relationship of the original buildings to their policies is not compromised.

HSP1 – North Kirkliston

n/a

n/a

√

√

Strategic housing allocation with estimated capacity of 610 units and associated infrastructure.

HSG2 – Springfield, South Queensferry

n/a

n/a

x

x

Housing proposal with estimated capacity of 150 units.

Both southern route options run through the site shown on the proposals map.

ENV6 – Springfield, South Queensferry

n/a

n/a

x

x

Area proposed for environmental improvements associated with residential development identified in Policy HSG2 situated to the north of this site.

Both southern route options run through the site shown on the proposals map.

HSG7 – Society Road, South Queensferry

n/a

n/a

x

x

Housing proposal with undetermined capacity.

Both southern route options cut through this designated housing allocation. Both southern route options run through the site shown on the proposals map.

HSG6, ECON10 – Port Edgar

n/a

n/a

x

x

The Port Edgar area is proposed for mixed use development including Class 4 marina uses, marine businesses and residential development. The proposals are subject of a development brief prepared by the City of Edinburgh Council.

Cumulative construction impacts of the scheme and the proposals at Port Edgar would need to be considered. The proximity of the scheme to proposed residential and business development at Port Edgar may result in loss of amenity. Mitigation measures would ensure that amenity is maintained.

E18-E19, E21 – Site of Interest to Nature Conservation (SINC)

n/a

n/a

x

x

Development within or affecting SINC not permitted unless mitigation measures safeguard the nature conservation interest.

South Corridor Option 1 runs through the northern part of the Dundas SINC and Port Edgar SINC is affected by both South Corridor Options 1 and 2 where the bridgehead lands.

E5 - Countryside and Green Belt

n/a

n/a

x

x

To protect the landscape quality, rural character and amenity of the Green Belt and Countryside Areas, development will not be permitted except where necessary for agriculture, relating to minor extensions or change of use of existing buildings or acceptable under the policies for strategic economic importance (Policies ED5 – 7 below). 

The scheme is not situated within the defined areas for strategic economic development (i.e. Edinburgh Airport, The Royal Highland Showground and Heriot-Watt University) therefore the scheme is non-compliant with Policy E5.

E6 - Design and Amenity Criteria for Development in the Green Belt and Countryside

n/a

n/a

?

?

Policy ED6 provides design criteria for development in the Green Belt and Countryside with the aim to achieve high standards of design and landscaping and to safeguard local amenity.

The scheme would lead to some loss of amenity in the existing rural environment in terms of traffic, noise and air. Mitigation measures will be identified in the Stage 3 assessment.

ED5-7 - Economic Development

n/a

n/a

√

√

Development proposals relating to the following major Established Green Belt Uses of strategic economic importance:

• Edinburgh Airport
• Royal Highland Showground
• Heriot-Watt University Campus at Riccarton

The proposals relate to development contained within the boundaries of these allocations.

E51 - Protection of Open Space, Port Edgar and Back Braes Weir, E51

n/a

n/a

√

√

Public and private open space of recreational, amenity or nature conservation value should be retained

E12 - Developed Coast

n/a

n/a

√

√

South Queensferry has been allocated as ‘developed coast’ under terms of PAN 53. Development would not be permitted unless a coastal location is required for the particular development.

E17, 21 - Nature Conservation sites

n/a

n/a

?

?

Nature conservation sites of international and national importance, SPA, Ramsar site or SSSI, where development would normally only be permitted where the designation objectives and overall integrity of the designated area will not be compromised; where any significant adverse effects on the qualities for which the area has been designated are outweighed by social or economic benefits of national importance; and it can be demonstrated that there are no alternative solutions.

The Firth of Forth SPA lies directly to the east of the proposed replacement bridge. An Appropriate Assessment will be undertaken at Stage 3 in order to assess any potential impacts. The Scottish Government has demonstrated the national importance, in social and economic terms, of the scheme in NPF 2 and it therefore, generally complies with the terms of the policy.

ED10 - Birdstrike Limit - Aviation Use Consultation Zone

n/a

n/a

?

?

Height and detailed design of buildings will be controlled to ensure airport operations and aircraft movements are not inhibited. Development which would create or increase the risk of an unacceptable birdstrike hazard within the defined consultation area will not be permitted. The operator of Edinburgh Airport would also need to be consulted.

The views of the airport operator will be taken into account during the design process and if required, mitigation measures will be proposed at Stage 3.

Finalised West Lothian Local Plan 2005

ENV3 - Special Protection Area (SPA)

n/a

n/a

x

x

Development within or affecting areas classified as existing sites of international importance under the European Directives or affecting the habitats and species listed in the Habitat Directives I and II and Species Directive Annex I, will not be permitted unless there are no alternative solutions or there are imperative reasons of over-riding national public interest to allow development.

The Firth of Forth SPA lies directly to the east of the proposed replacement bridge. An Appropriate Assessment will be undertaken at Stage 3 in order to assess any potential impacts. The Scottish Government has demonstrated the national importance, in social and economic terms, of the scheme in NPF 2 and it therefore, generally complies with the terms of the policy.

ENV9 – Areas of Special Agricultural Importance

n/a

n/a

√

x

Various intensively farmed, high quality agricultural areas, within the eastern part of West Lothian are designated as Areas of Special Agricultural Importance. Within these areas there will be a presumption against large-scale development unless justified for strategic reasons.

South Corridor Option 2 encroaches on Policy ENV9 land. However, the Scottish Government has demonstrated the national importance, in social and economic terms, of the scheme in NPF 2. Therefore, the scheme generally complies with the terms of the policy.

ENV20-21 - Areas of Great Landscape Value (AGLV)

n/a

n/a

√

√

Forth Shore is a designated AGLV; it is mainly covered by managed woodlands of the Hopetoun Estate and includes the shore of the Forth between Blackness and South Queensferry and the setting of several historic buildings. Development that would affect the setting of the AGLV will be subject to detailed visual appraisal.

HER12-14 - Scheduled Monuments

n/a

n/a

√

√

Development that would adversely affect the interest, character or setting of scheduled monuments will not be approved. Monuments include: Abercorn Castle, Hopetoun; Carved stones in session house, Abercorn Church; Fort 450m SW of West Lodge, Abercorn; Auldcathie Church, Winchburgh; Midhope Castle, Abercorn; Staneyhill Tower, Hopetoun; Faucheldean shale bing, Winchburgh.

HER22-23 - Designed Landscapes and Gardens

n/a

n/a

√

√

The special architectural and historic character and features of historic gardens and designed landscapes will be considered sympathetically and receive full protection in the consideration of proposals for development within or adjacent to them.

EM5 – Employment Areas

n/a

n/a

√

√

Area designated for employment use, within Classes 4, 5 and 6, on the former Digital/Motorola site east of South Queensferry.

CDA9 – Winchburgh and East Broxburn Core Development Area

n/a

n/a

√

√

Land designated for mixed use development consisting of residential development of up to 5500 units, business development of up to 40 ha, school at primary and secondary levels, community facilities, open space and leisure, town centre and retailing facilities, public transport facilities, roads and a new junction providing direct access onto the M9.

TRAN29 – New Motorway junction on M9

n/a

n/a

√

√

Motorway junction supported to serve planned Core Development Area at Winchburgh.

Linlithgow Area Local Plan 1994

R1 - Development in the Countryside

n/a

n/a

√

√

Proposals for development in the countryside not directly related to agriculture or otherwise meriting a rural location will not normally be approved. Although generic, this policy relates primarily to the development of housing in the countryside. Larger scale developments will be assessed on locational need, minimum disturbance to agricultural management, trees, woodland and wildlife habitats and the availability of alternative sites.

R3, R5 - Area of Great Landscape Value (AGLV)

n/a

n/a

√

√

The Forth Shore is designated an AGLV. Within AGLVs, there will be a presumption against development unless it is of the highest standard in terms of location and design and meets the terms of policy R1 in full.

R7-8 - Areas of Special Agricultural Importance (ASAI)

n/a

n/a

?

?

The intensively farmed, high quality land located in the Craigton-Duntarvie-Duddingston area is designated an ASAI. Within theASAI, there will be a further presumption against development unless it is of the highest standard in terms of location and design and meets the terms of policy R1 in full.

South Corridor Option 2 encroaches on policies R7 and R8 areas at Muiriehall Wood. However in planning decisions, the Finalised West Lothian Local Plan (FWLLP) is considered to be a material consideration. Policy ENV9 will replace policies R7 and R8 of the Linlithgow Area Local Plan once the FWLLP has been adopted and this policy would allow large-scale development if justified for strategic reasons. In NPF 2, the Scottish Government has demonstrated the national importance, in social and economic terms, of the scheme. Therefore, on balance, the scheme is considered to comply with the terms of the policy.

Broxburn Area Local Plan 1989

E5-6 - Development in the Countryside – Policy

n/a

n/a

√

√

Essential services and developments of a high-quality or prestigious nature meriting a rural location will be considered favourably subject to assessment of locational need, minimum disturbance to agricultural management, trees, woodland and wildlife habitats and the availability of alternative sites.

E8-E10 - Areas of Special Agricultural Importance

n/a

n/a

?

?

The intensively farmed, high quality areas of land located to the south of Broxburn and east of Winchburgh are designated as Areas of Special Agricultural Importance (ASAIs). Within the ASAIs, there will be a presumption against development unless it is of the highest standard in terms of location and design.

South Corridor Option 2 encroaches the designated area at Swineburn. However in planning decisions, the Finalised West Lothian Local Plan (FWLLP) is considered to be a material consideration. Policy ENV9 will replace policies E8 and E10 of the Broxburn Local Plan once the FWLLP has been adopted and this policy would allow large-scale development if justified for strategic reasons. In NPF 2, the Scottish Government has demonstrated the national importance, in social and economic terms, of the scheme. Therefore, on balance, the scheme is considered to comply with the terms of the policy.

Dunfermline and the Coast Local Plan 2002

BE3 - Development Design

√

√

n/a

n/a

All new development is expected to make a positive contribution to its immediate environment.

BE7 - Brownfield Land

√

√

n/a

n/a

The objective of policy BE7 is to encourage the development of brownfield sites in order to aid regeneration and clear dereliction and eyesores, enhance decaying urban areas and relieve pressure on greenfield sites, particularly on the periphery of towns and villages.

BIT 1 and BIT 2 – Employment land

√

√

n/a

n/a

Employment land is concentrated at the eastern and southern approaches to Dunfermline, with major sites at Calais Muir, Dover Heights, Pitreavie and Halbeath.

BIT3 – Established Employment Area

√

x

n/a

n/a

Proposals for uses other than business (Class 4), industrial or storage and distribution purposes within established employment areas will only be permitted where it can be demonstrated that there is no demand for such use/development or where the proposed use would not restrict the range of uses which can be carried out by businesses and where the proposed use would cause traffic or amenity problems.

Belleknowes Industrial Estate would be affected by North Corridor Option 2.

H1, H2 - Housing

√

√

n/a

n/a

The East Dunfermline Expansion Area, which includes most of the land between Dunfermline and the M90, is identified as the main focus for growth over the next 10 to 15 years. When complete, more than 4,000 houses, 131 hectares of employment land and a commercial leisure park will be linked by an integrated transport network. At its heart is the Duloch Park District Centre which already incorporates the Tesco superstore adjacent to the new District Park. Schools and other community facilities will complement a high quality environment, including the protected Calais Muir Wood.

BE12 - Development Affecting Listed Buildings

√

√

n/a

n/a

Development proposals affecting listed buildings and their settings should not detract from those settings, and will be required to conform to the highest design standards, including siting, materials, landscaping and boundary enclosures.

BE15 - Ancient Monuments and Archaeological Sites

x

√

n/a

n/a

Archaeological and historic features of significance and their settings will be protected and conserved in-situ. Unless exceptional circumstances are demonstrated, support will not be given to development which would adversely affect these sites.

Without mitigation, Middlebank Souterrain SAM will be removed by North Corridor Option 1 and the significance of this impact has been assessed as Severe. Impacts on other monuments could be reduced to neutral through mitigation and recording.

H6 - Development Adjacent to Residential Areas

√

√

n/a

n/a

The need to protect amenity will be a material consideration in the assessment of development proposals for sites adjacent to residential areas.

T7 – Ferrytoll Park and Ride

√

√

n/a

n/a

Fife Council will safeguard land to the west of the A90 Ferrytoll Interchange to facilitate an extended park and ride facility. This facility has been realised through expansion of the facility at Inverkeithing station and subsequently the proposal has been abandoned.

T8 – Rosyth Station Car Park

√

√

n/a

n/a

Safeguarding of land to east of Rosyth Railway station to enable the future extension of park and ride services, this proposal is currently subject of a planning application.

COU4 - Areas of Great Landscape value

√

√

n/a

n/a

Development must maintain or enhance the character of the landscape through the highest standard of design and finish.

COU7 – Urban Green Corridors

√

√

n/a

n/a

Fife Council will seek to protect the urban green corridors in Dunfermline

COU8, COU9 – Nature Conservation International and National sites

?

?

n/a

n/a

Development that would affect a Natura 2000 site, or SSSI would normally only be permitted if any adverse effects on the qualities of the area are outweighed by social or economic benefits.

At Stage 3, an Appropriate Assessment will be undertaken to assess the impact on the Natura 2000 sites. The Scottish Government has demonstrated the national importance, in social and economic terms, of the scheme in NPF 2. Therefore, the scheme generally complies with the terms of the policy.

COU17 - Undeveloped Coast

?

?

n/a

n/a

The policy states that the remaining undeveloped coast will be protected from further development.

However, NPPG13 which provides the national context to this policy states that major development within the undeveloped coast may be considered where the proposal can be considered to yield social and economic benefits sufficient enough to outweigh any potentially detrimental impact on the coastal environment. However, the Scottish Government has demonstrated the national importance, in social and economic terms, of the scheme in NPF 2. Therefore, the scheme generally complies with the terms of the policy.