A20.1 Assessment of Development Plan Policy Compliance

Fife Structure Plan 2006 – 2026 Scottish Government Final Modifications May 2009

ENV2 – Nature Conservation – International Sites

√

√

n/a

Development likely to have a significant effect on designated or proposed Natura 2000 (SPA, SAC) and/or Ramsar sites will be subject to an appropriate assessment of the implications for the site’s conservation objectives. The development will only be permitted where the assessment concludes that it will not adversely affect the integrity of the site, or there are imperative reasons of overriding public interest, including those of a social or economic nature and there are no alternative solutions. Where a site hosts a priority habitat and/or priority species as defined by the Habitats Directive (92/43/EC), the only overriding public interest must relate to human health, public safety or beneficial consequences of primary importance to the environment.

Besides assessment undertaken within Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology), Reports to Inform an Appropriate Assessment (RIAAs) have been prepared for the Forth Islands SPA, River Teith SAC, the Firth of Forth SPA and the Imperial Dock Lock SPA. These reports conclude that, with the designed mitigation incorporated into the construction and operation of the FRC, there would be no implications upon site integrity or conservation objectives for the qualifying species of these sites. No other plans and projects were assessed as having a potential effect, in combination with the proposed scheme, on the conservation objectives or site integrity of these sites. Additionally, the proposed scheme has been identified within the National Planning Framework 2 (NPF2) as a development of national economic importance. Therefore it is concluded that the proposed scheme is compliant with this policy.

ENV 3 – Nature Conservation – National Sites

√

√

n/a

Development, either individually or in conjunction with other proposals which would affect a designated or proposed National Nature Reserve or SSSI ,will only be permitted where ecological appraisals have demonstrated to the Council that the overall objectives of designation and the overall integrity of the designated area would not be compromised, or any adverse effects on the qualities for which the area has been designated are clearly outweighed by social or economic benefits of national importance.

The proposed scheme may result in adverse impacts on national sites within the northern study area such as the SSSIs at Ferry Hills and St. Margaret’s Marsh. Mitigation measures have been drawn up to address these issues within Chapters 10 (Terrestrial and Freshwater Ecology) and Chapter 11 (Estuarine Ecology). These measures, accompanied by the national importance of the proposed scheme, as identified in NPF2, assist in the proposed scheme being compliant with this policy.

ENV 4 – Nature Conservation Enhancement

√

√

n/a

Where development has the potential to impact on international, national, regional or locally important sites and species, applicants will be required to submit an ecological appraisal of the proposal detailing how any impacts will be minimised or mitigated. Developers are required to consider the impact of their proposals and to take appropriate measures to maintain, and where possible enhance nature conservation interests.

Besides assessment undertaken within Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology), Reports to Inform an Appropriate Assessment (RIAAs) have been prepared for the Forth Islands SPA, River Teith SAC, the Firth of Forth SPA and the Imperial Dock Lock SPA. These reports conclude that, with the designed mitigation incorporated into the construction and operation of the FRC, there would be no implications upon site integrity or conservation objectives for the qualifying species of these sites. No other plans and projects were assessed as having a potential effect, in combination with the proposed scheme, on the conservation objectives or site integrity of these sites. Therefore it is concluded that the proposed scheme is compliant with this policy.

ENV5 – Built Environment

X

X

n/a

Requirement to protect the character, appearance and setting of designed, built or cultural heritage sites from harmful development particularly where it is of national or regional importance.

There may be adverse impacts on the Category B listed St Margaret’s Hope (former Admiralty House) including Gatelodge, piers, boundary walls, walled garden and archway of regional importance (plus impacts on the setting of sites of local importance; the undesignated St. Margaret’s Hope Relict County Estate and the Category C(s) listed Ferry Craig as discussed in Chapter 14 (Cultural Heritage). Therefore the proposed scheme may not be compliant with this policy. However, mitigation measures have been identified within Chapter 14 (Cultural Heritage) to address and reduce these impacts (such as the dismantling and possible reconstruction of the archway).

ENV7 - Countryside, Recreation and Access

√

√

n/a

New development that maintains and extends strategic long distance (including the Fife Coastal Path) and/or local path networks identified by the Core Paths Plan providing for walkers, cyclists, horse riders and those with special needs will be supported. Opportunities to link networks to other tourist attractions will be encouraged.

The proposed scheme maintains existing path networks within the Forth area, including the Fife Coastal Path, as stated in Chapter 17 (Pedestrians, Cyclists, Equestrians and Community Effects). Where temporary or permanent impacts may occur, alternative routes will be provided. Therefore the proposed scheme is complaint with this policy.

T1 – Transport and Development

√

√

n/a

Development proposals must be accessible to, or be able to be made accessible to, the existing or planned public transport network; provide or use walking and cycle routes which are, or can be, linked into established and planned networks; and be located where road network capacity is or can be made available. Access by other, more sustainable, modes of transport must be maximised where possible and be acceptable in relation to air quality objectives.

The proposed scheme will enhance the public transport system crossing the Forth with the creation of a dedicated public transport corridor on the existing bridge. As stated in Chapter 17 (Pedestrians, Cyclists, Equestrians and Community Effects), the existing pedestrian and cycle routes will be maintained by the proposed scheme. A detailed air quality assessment of the proposed scheme has been provided within Chapter 15 Air Quality. The proposed scheme is therefore compliant with this policy.

T2 - Safeguarding of Existing and Potential Transport Routes

√

√

n/a

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

The proposed scheme is therefore supported by this policy.

PT1 - Transport Proposals

√

√

n/a

The Forth Replacement Crossing has been identified as a transport proposal that will benefit Fife’s linkages with the national/international transport network.

The proposed scheme is therefore supported by this policy.

PT2 – Port of Rosyth

√

√

n/a

The Structure Plan notes that the Port of Rosyth will be developed as a multi-modal international freight distribution facility and that any proposals that are likely to affect the development of an integrated road, rail and port freight transport hub will not be supported.

The proposed scheme would not impact on the development of the Port of Rosyth and therefore the proposed scheme is considered compliant with this policy.

Dunfermline and the Coast Local Plan 2002

S1 - Sustainability

√

√

n/a

Fife Council will ensure that when considering development proposals, they will be consistent with its principles of sustainability.

The proposed scheme fulfils a number of the Council’s principles of sustainability and is therefore considered compliant with this policy. At a local level, it will promote access to jobs and social equity by providing improved connectivity between Fife and Edinburgh and increase planting which will assist in increasing and enhancing local biodiversity whilst protecting and enhancing the landscape. Additionally, sustainability has been incorporated throughout via the establishment of a Forth Replacement Crossing Sustainable Development Policy which incorporates the UK shared government’s sustainability principles.

BE3 – Development Design

√

√

n/a

All new development is expected to make a positive contribution to its immediate environment by maximising the contribution of existing site features such as landform, trees, wildlife habitats and watercourses, providing high standards of architecture, providing safe and convenient access for pedestrians, cyclists and those with impaired mobility and incorporating energy conservation principles.

The proposed scheme design has been developed in close consultation with Architecture + Design Scotland to ensure high architectural quality. Impacts and mitigation measures on landform, water resources, habitats, trees, pedestrians and cyclists are identified in Chapters 12 (Landscape), 13 (Visual) and 17 (Pedestrians, Cyclists, Equestrians and Community Effects). The proposed scheme is therefore compliant with this policy.

BE8 Development in Conservation Areas

√

√

n/a

Development proposals within conservation areas and designated extensions will be required to make a positive contribution to the character and appearance of the area. They should be compatible in terms of setting, design, finish, density, scale, massing and use of authentic replacement elements.

The proposed scheme would result in slight adverse impacts on the setting of the North Queensferry Conservation Area, as discussed in Chapter 14 (Cultural Heritage). However, the proposed scheme is generally on-line with the existing M90 in this location and therefore the proposed scheme is considered compliant with this policy.

BE10 – Listed buildings and Design

X

X

n/a

Alterations and extensions to a listed building, or development which affects the setting of a listed building, should preserve features of architectural or historic interest.

There may be adverse impacts on the Category B listed St Margaret’s Hope (former Admiralty House) including Gatelodge, piers, boundary walls, walled garden and archway; and on the setting of Category C(s) listed Ferry Craig as discussed in Chapter 14 (Cultural Heritage). Therefore the proposed scheme may not be compliant with this policy. However, mitigation measures have been identified within the chapter to address and reduce these impacts such as the dismantling and possible reconstruction of the archway.

BE11 – Demolition of Historic Buildings

√

√

n/a

The demolition of a listed building or of an architecturally important building in a conservation area will not be supported unless exceptional circumstances are demonstrated, every effort has been made to find practical ways of keeping it and a contract is in place for an appropriate redevelopment scheme.

The proposed scheme would not result in the demolition of any buildings located within a conservation area, as discussed in Chapter 14 (Cultural Heritage) and therefore it is compliant with this policy.

BE12 - Development Affecting Listed Buildings

X

X

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.

There may be adverse impacts on the Category B listed St Margaret’s Hope (former Admiralty House) including Gatelodge, piers, boundary walls, walled garden and archway and on the setting of the Category C(s) listed Ferry Craig as discussed in Chapter 14 (Cultural Heritage). Therefore the proposed scheme may not be compliant with this policy. Mitigation measures have been identified within the chapter to address and reduce these impacts.

BE15 – Ancient Monuments and Archaeological Sites

√

√

n/a

This policy states that archaeological and historic features of significance and their settings will be protected and conserved in-situ. Development which adversely affects Scheduled Ancient Monuments and their settings, Archaeological Sites and Areas of Regional Importance, or Non-Statutory Registered Sites will not be supported unless in exceptional circumstances.

The proposed scheme does not lie within an Area of Archaeological Importance and would not impact upon any Scheduled Ancient Monuments or Archaeological Sites of Regional Importance. Mitigation measures have been proposed within Chapter 14 (Cultural Heritage) for the protection of any unidentified Non-Statutory Registered Sites that are discovered as part of the proposed scheme. Therefore the proposed scheme is compliant with this policy.

BE17 – Investigation and Recording

√

√

n/a

Archaeological investigation and recording will occur prior to the commencement of any development within an Area of Archaeological Importance or would destroy, cover or otherwise affect a Scheduled Ancient Monument or an Archaeological Site of Regional Importance, or during any development which uncovers as of yet unidentified remains considered by Fife Council to be of regional importance.

As stated above, the proposed scheme does not lie within an Area of Archaeological Importance and would not impact upon any Scheduled Ancient Monuments or Archaeological Sites of Regional Importance. If unidentified remains are found which are of regional importance, archaeological investigation and recording shall occur, as mentioned in Chapter 14 (Cultural Heritage). Therefore the proposed scheme is compliant with this policy.

T6 – Dunfermline to Alloa Coastal Railway

√

√

n/a

Fife council will safeguard the Dunfermline to Alloa coastal rail link and the Inverkeithing to Rosyth Dockyard rail link.

The proposed scheme would not impact on these two railways and it is therefore compliant with this policy

T7 – Ferrytoll Park and Ride

√

√

n/a

Fife Council will safeguard land west of the A90 Ferrytoll Interchange to facilitate an extended park and ride facility.

This has been realised through expansion of the facility at Inverkeithing Station and subsequently the proposal for an additional P&R site at the above location has been abandoned. The proposed scheme will also maintain access to the existing facility at Inverkeithing station and therefore the proposed scheme is compliant with this policy.

T8 – Rosyth Station Car Park

√

√

n/a

Land to east of Rosyth Railway Station has been safeguarded to enable the future extension of park and ride services, this proposal is currently subject of a planning application.

Chapter 7 (Land Use) states that the proposed scheme has no impact on the viability of this proposal and therefore is compliant with this policy.

COU8, COU9 – Nature Conservation International and National sites

√

√

n/a

Development that would adversely affect a Natura 2000 site, Natural Nature Reserve or SSSI would normally only be permitted if any adverse effects on the qualities of the area are outweighed by social or economic benefits and the relevant ecological appraisals have been undertaken. Where a site hosts a priority habitat and/or priority species as defined by the Habitats Directive (92/43/EC), the only overriding public interest must relate to human health, public safety or beneficial consequences of primary importance to the environment.

The proposed scheme has been subject to an EIA which has investigated the impacts of the scheme on international and national sites of importance on the Forth Estuary. The St. Margaret’s Marsh SSSI will be subject to a small amount of land take but has been assessed within Chapter 10 (Terrestrial and Freshwater Ecology) as an area of low ecological value and therefore impacts on it will be negligible.

Besides assessment undertaken within Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology), Reports to Inform an Appropriate Assessment (RIAAs) have been prepared for the Forth Islands SPA, River Teith SAC, the Firth of Forth SPA and the Imperial Dock Lock SPA. These reports conclude that, with the designed mitigation incorporated into the construction and operation of the FRC, there would be no implication upon site integrity or conservation objectives for the qualifying species of these sites. No other plans and projects were assessed as having a potential effect, in combination with the proposed scheme, on the conservation objectives or site integrity of these sites. Additionally, the proposed scheme has been identified within the National Planning Framework 2 (NPF2) as a development of national economic importance. Therefore it is concluded that the proposed scheme is compliant with this policy.

COU11- Protection of Wildlife Habitats

√

√

n/a

All valuable wildlife habitats, including landscape features that have a migration or dispersal value to wild flora and fauna will be safeguarded from development.

As stated above, the impacts of the proposed scheme on the terrestrial habitats within the northern study area are assessed in Chapter 10 (Terrestrial and Freshwater Ecology), along with the identification of appropriate mitigation measures. Additionally, RIAAs have been undertaken which indicate that the sites’ integrity, conservation objective or qualifying species would not be affected. The proposed scheme is considered compliant with this policy.

COU15 - Trees and Development

√

√

n/a

Where development is proposed on a site where trees are present, developers will be required to submit comprehensive tree surveys, identify any affected trees and submit a programme of works to Fife Council relating to tree protection and landscaping proposals. Fife Council will consider whether and in what form development should be permitted, having regard to the protection of mature, semi-mature and rare species of trees.

Woodland areas of St. Margaret’s Hope Wood and Castlandhill would be adversely affected and mitigation of these areas has been identified in both Chapters 10 (Terrestrial and Freshwater Ecology) and 12 (Landscape), in line with the requirements of this policy. The proposed scheme is considered compliant with this policy.

COU17 - Sustainable Protection of the Coast

√

√

n/a

The policy states that the council will protect and enhance the coastal zone as a sustainable resource and that the remaining undeveloped coast will be protected from further development.

The proposed scheme is required to be located within a part of the coastal zone within the northern area. Additionally, the justification beneath the policy notes that, 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. The Scottish Government has demonstrated the national importance, in social and economic terms, of the proposed scheme in NPF 2 and mitigation to reduce adverse impacts have been identified throughout the ES. Therefore the proposed scheme is considered compliant with this policy.

PR22 – Rosyth Waterfront Regeneration

√

√

n/a

The Rosyth 2000 Partnership will develop the Rosyth Waterfront in accordance with the land uses supported by Policy BIT1.

The proposed scheme would not impact on the development of Rosyth Waterfront and is therefore compliant with this policy.

INF2 – Development and Flooding

√

√

n/a

The policy states that unless adequate mitigation measures are incorporated into planning consents or Section 75 agreements, then development will not be supported if it would increase the risk of flooding by reducing flood storage or conveyance areas; altering river channels; discharging additional surface water; or harming flood defences. Development will also not be supported if it is at risk from flooding or adequate access to watercourses for maintenance purposes is not provided.

Chapter 9 (Water Environment) includes mitigation measures which have been included in the project design to address potential flooding issues, integrate SUDS principles and avoid excessive surface water run-off. The proposed scheme therefore complies with this policy.

INF3 – Sustainable Urban Drainage Systems

√

√

n/a

This policy notes that development proposals involving surface water run-off will only be supported where Sustainable Urban Drainage Schemes (SUDS) (now referred to as Sustainable Drainage Schemes in latest guidance) or similar are undertaken which maintain public safety, provide or enhance wetland habitat and attenuation to surface water flow where possible.

The proposed scheme has been carefully designed to not increase surface water run-off and has incorporated SUDS measures within the scheme design. Therefore the proposed scheme is compliant with this policy.

Dunfermline and West Fife Local Plan Issues and Options 2008

No policies have been formulated at this stage in document development

√

√

n/a

This publication sets out the planning issues that will be considered in preparing the Local Plan for West Fife, and gives details of proposals for development sites received by Fife Council to date.

The proposed scheme complies with the overall objectives of this plan.

Edinburgh and the Lothians Structure Plan 2015

ENV 1A – International Natural Heritage Designations

P

n/a

P

A development which would have an adverse effect on the conservation interests for which a Natura 2000 area has been designated should only be permitted where there is no alternative solution and there are imperative reasons of over-riding public interest, including those of a social or economic nature.

In addition to assessments reported in Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology), Reports to Inform an Appropriate Assessment (RIAAs) have been prepared for the Forth Islands SPA, River Teith SAC, the Firth of Forth SPA and the Imperial Dock Lock SPA. These reports conclude that, with the designed mitigation incorporated into the construction and operation of the FRC, there would be no implication upon site integrity or conservation objectives for the qualifying species of these sites, and no other plans and projects were assessed as having a potential effect in combination with the proposed scheme. Additionally, the proposed scheme has been identified within the National Planning Framework 2 (NPF2) as a development of national economic importance. Therefore it is concluded that the proposed scheme is compliant with this policy.

ENV 1B – National Natural Heritage Designations

√

n/a

√

Development which would affect national designations, including SSSIs not designated as international sites, will only be permitted where it can be demonstrated that the objectives of designation and overall integrity of the site will not be compromised, or that any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by social or economic benefits of national importance.

As stated above, the impact of the proposed scheme has been assessed on national designations, including SSSIs not designated as international sites, in Chapters 10 (Terrestrial and Freshwater Ecology) and Chapter 11 (Estuarine Ecology) and mitigation measures have been identified to reduce impacts. Additionally, RIAAs have been undertaken and the proposed scheme is also identified as being of national importance within NPF2. Therefore, overall the proposed scheme is considered compliant with this policy.

ENV 1C - International and National Historic or Built Environment Designations

√

n/a

X

Development which would harm the character, appearance and setting of the following designated built or cultural heritage sites, and/or the specific features which justify their designation, should be resisted: World Heritage Sites, Listed Buildings, Scheduled Ancient Monuments, Royal Parks and Sites listed in the Inventory of Gardens and Designed Landscapes.

The proposed scheme would result in adverse impacts on the character, appearance and setting of such sites including significant impacts on Dundas Castle Designed Landscape, with slight impacts on Newliston Designed Landscape. Therefore the proposed scheme is non-compliant with this policy. However, mitigation measures to reduce impacts have been identified in Chapter 14 (Cultural Heritage) as agreed with Historic Scotland.

ENV 1 D – Regional and Local Natural and Built Environment Interests

√

n/a

√

Development affecting regional or local areas of natural heritage and built environmental interest, or their settings, will only be permitted where it can be demonstrated that the objectives and overall integrity of the designated area will not be compromised, or the social or economic benefits to be gained from the proposed development outweigh the conservation or other interest of the site.

The proposed scheme would have adverse impacts on the Port Edgar Harbour Barracks Complex (Category B listed) and Inchgarvie house (Category C(s) listed). However, there would be negligible impacts upon the South Queensferry Conservation Area as assessed in Chapter 14 Cultural Heritage appropriate mitigation measures have been identified within this chapter to reduce adverse impacts. Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology) identify potential adverse impacts and appropriate mitigation measures to avoid or reduce impacts. Reports to Inform an Appropriate Assessment have been prepared for the Forth Islands SPA, River Teith SAC, the Firth of Forth SPA and the Imperial Dock Lock SPA, with further information regarding mitigation measures identified The national importance of the proposed scheme has been identified within NPF2 as a development of national economic importance. Therefore the proposed scheme is considered compliant with this policy.

ENV 1E – Features of Local Importance

√

n/a

√

Local plans should define the features of local importance for wild flora and fauna as identified in Local Biodiversity Action Plans, and include policies and, where appropriate, proposals for their protection and enhancement.

Impacts of the proposed scheme on local fauna and flora have been identified within Chapters 10 (Territorial and Freshwater Ecology) and 11 (Estuarine Ecology) and mitigation measures proposed to reduce these impacts. Therefore the proposed scheme is compliant with this policy.

ENV 1 F - Environmental and Biodiversity Assessments

√

n/a

√

Development proposals that would affect any designated natural heritage site, protected priority habitat or species or other important non-statutory locations will require an appropriate level of environmental or biodiversity assessment. Where development is permitted, proposals must include measures for mitigation and, where appropriate, enhancement to reduce any adverse impact and/or to provide for sustainable habitat replacement.

Impacts of the scheme on designated natural heritage sites, protected priority habitat or species, or other important non-statutory locations have been assessed within Chapters 10 (Territorial and Freshwater Ecology) and 11 (Estuarine Ecology), and mitigation measures proposed. The proposed scheme is therefore compliant with this policy.

ENV2 - Green Belt

√

n/a

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.

The proposed scheme crosses the Green Belt to the south and south-west of South Queensferry and would therefore be non-compliant with this policy. Chapters 7 (Land Use), 12 (Landscape) and Chapter 13 (Visual) identify mitigation measures taking into account land take, design, landscaping and appropriate screening.

ENV 3 – Development in the Countryside

√

n/a

√

Development in the countryside will be allowed where it has an operational requirement for such a location that cannot be met on a site within an urban area or land allocated for that purpose, and is compatible with the rural character of the area. Acceptable countryside development will include agriculture, horticulture, forestry and countryside recreation.

The location of the southern approach road within a countryside policy area is a functional requirement of the proposed scheme. Additionally, landscape mitigation measures are identified in Chapters 12 (Landscape) and 13 (Visual). Therefore the proposed scheme is compliant with this policy.

ENV5 - The Coast

√

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.

Due to its nature and function, the proposed scheme requires a location within a small area of developed coastline. Mitigation measures have been included throughout the ES to minimise environmental impacts of the scheme Therefore the proposed scheme complies with this policy.

ENV 12 – Water Management and Flooding

√

n/a

√

Development, individually and/or cumulatively, that may lead to a significant increase in the risk of flooding, or that may itself be at risk from flooding, should not be permitted. Development proposals for greenfield and brownfield sites should include sustainable drainage systems for the attenuation and treatment of surface water and to assist in reducing the risk of flooding unless local conditions prevent this approach.

As stated in DCLP above, the proposed scheme has incorporated SUDS measures within the project design. Additionally, impacts and appropriate mitigation measures have been assessed within Chapter 9 (Water Environment). Therefore the proposed scheme is compliant with this policy.

Rural West Edinburgh Local Plan, Adopted 2006

E1 Sustainable Development

√

n/a

√

Development which is clearly inconsistent with the local plan objectives for sustainable development will not be permitted. In assessing individual development proposals, account will be taken of the extent to which the development would conserve energy and environmental resources, avoid pollution, make efficient use of land and infrastructure, avoid reliance on the private car for access and maintain or increase biodiversity.

As per Policy S1 (Dunfermline and the Coast Local Plan), the proposed scheme is compliant with this policy as it meets national, regional and local sustainability objectives by incorporating the enhancement of a public transport route across the Forth and increasing biodiversity levels e.g. enhancement planting where possible . Sustainability has also been considered throughout the project with the establishment of a Forth Replacement Crossing Sustainable Development Policy.

E2 – Local Air Quality Management

√

n/a

√

Development proposals, especially those affecting Air Quality Management Areas (AQMAs), should not impede the achievement of National Air Quality Objectives. Applications for developments that would significantly contribute to air pollution should be accompanied by an assessment of the likely dispersion of pollutants.

A detailed air quality impact assessment of the proposed scheme is included in Chapter 15 (Air Quality) and therefore the proposed scheme is compliant with this policy.

E4 – Environmental Impact

√

n/a

√

All development proposals should fully take into account the likely effects on the environment and include measures necessary to mitigate any adverse effects. In certain cases, as prescribed in the Environmental Impact Assessment regulations, applications will be required to be supported by an Environmental Statement (ES).

An ES accompanies this proposed scheme and it is therefore compliant with this policy.

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

√

n/a

√

Where acceptable in principle, development proposals in the Green Belt or Countryside must meet high standards of design and proposed development should be sited in a location which will minimise impacts on its immediate surroundings and general landscape setting, with sufficient landscaping to enhance the setting of the development through the creation of a positive landscape framework. Development should not impact on the existing rural environment and amenity in terms of traffic, noise or air quality (including dust and odour). Provisions must also be made for the protection of species under the Habitats Regulation and Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992, where appropriate, boundary treatment must be appropriate to the rural setting, and landscaping must be in keeping with the existing character of the area.

Design has been incorporated throughout the EIA process via internal aesthetics workshops and regular consultation with A+DS. Additionally, an Aesthetics Memorandum is proposed to guide the successful contractor. The proposed scheme is considered a national priority under NPF 2 and will be considered an acceptable development within the Green Belt under SPP21. Chapters 7 (Land Use), 12 (Landscape), 13 (Visual), 16 (Noise and Vibration) and 18 (Vehicle Travellers) describe detailed mitigation measures for the proposed scheme taking into account land take, design, landscaping and appropriate screening. Chapter 10 (Terrestrial and Freshwater Ecology) assesses impacts on relevant species and lists mitigation measures to avoid or reduce impacts on these. Therefore the proposed scheme is considered compliant with RWELP Green Belt policy.

E7 Protection of Prime Agricultural Land

√

n/a

X

Permission will not be given for development which would result in irreversible damage to, or the permanent loss of, prime quality agricultural land.

The proposed scheme would require to be constructed on prime agricultural land wiithin west Edinburgh plan area due to its locational requirements, as discussed in Chapter 7 (Land Use), and therefore the proposed scheme would be non-compliant with this policy. However, mitigation measures have also been identified within the chapter to reduce these impacts.

E12 - Coastline Protection

√

n/a

√

On the "developed coast", development proposals will not be permitted unless a coastal location is a functional requirement for the particular type of development proposed or it would promote the re-use of redundant land or buildings or would enable the restoration or enhancement of a degraded coastal environment.

On the "undeveloped coast", new development will only be permitted in exceptional circumstances where the proposal would have social and economic benefits sufficient to outweigh any potentially detrimental impact on the coastal environment, there are no suitable alternative sites within existing settlements or on other previously developed land and it is demonstrated that there will be minimal loss of habitat and that all efforts will be made to recreate affected habitat.

A coastal location within the developed coastline is a functional requirement of the proposed scheme and the proposed scheme is also identified within NPF2 as of scheme of national economic importance. Therefore the proposed scheme is compliant with this policy.

E13 – The Coast- Access and Management

√

n/a

√

The Council will support new and improved recreational access to the coast where appropriate, while attempting to minimise impact on nature conservation interest. It will promote environmental improvements with the aim of rehabilitating degraded coastal areas and will work jointly with the relevant authorities, landowners and other bodies as part of the Forth Estuary Forum to prepare and implement the Integrated Management Strategy for the Forth Estuary.

Improved access is promoted by the proposed scheme in Chapter 17 (Pedestrians, Cyclists, Equestrians and Community Effects). and assessment on the coast’s nature conservation interest has been undertaken within Chapter 11 (Estuarine Ecology). The proposed scheme is therefore is compliant with this policy;

E14 - Designed Landscapes

√

n/a

X

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.

There would be significant adverse impacts on the setting of Dundas Castle Designed Landscape with slight impacts on Newliston Designed Landscape, as described in Chapter 14 (Cultural Heritage) and is therefore non-compliant with this policy. However, the proposed scheme would utilise lands designated as arable farmland and of low conservation value within this designed landscape, and would be positioned within a cutting, thus reducing at this location.

E15-16 - Protection and Enhancement of Trees and Woodland

√

n/a

√

The Council will promote Tree Preservation Orders (TPOs) where necessary to protect significant individual trees, tree groups, woodlands and shelter belts. Once a TPO is confirmed, no new development shall be sited within 20 metres of the trunk of a protected tree or within 10 metres of its canopy, whichever is the greater.

The proposed scheme would not impact on any trees possessing TPOs, as discussed in Chapter 12 (Landscape) and would not directly impact upon woodlands of conservation interest (as discussed in Chapter 10 Terrestrial and Freshwater Ecology). The proposed scheme is therefore compliant with this policy.

E18 and 19 Nature Conservation-Sites of Importance of Nature conservation

√

n/a

√

Development within or affecting Sites of Importance for Nature Conservation (SINCs) will not be permitted unless it can be demonstrated that appropriate mitigation measures would be incorporated into the development to enhance or safeguard the nature conservation interest of the site. The Council will encourage sympathetic management of Sites of Importance for Nature Conservation (SINCs) and the creation of new habitats.

The proposed scheme would impact upon some SINCs as discussed in Chapters 10 (Terrestrial and Freshwater Ecology) and Chapter 11 (Estuarine Ecology) and appropriate mitigation measures have been identified to reduce these impacts. The proposed scheme is therefore considered compliant with this policy.

E20 - Nature Conservation –Development Impact

√

n/a

√

The Council will seek to maintain and improve the nature conservation and biodiversity value of the countryside when considering development proposals. In particular the impact of proposed development on wildlife, habitat, geological/geomorphologic features and the overall landscape will be an important consideration when determining planning applications and commenting on other significant proposals in the wider countryside. Developers will be encouraged to maintain and where possible increase the nature conservation value of proposed development sites by enhancing or creating new wildlife habitats, where appropriate.

An EIA has been undertaken and impacts on wildlife, habitats, geological / geological features and landscape have been assessed , along with the identification of appropriate mitigation measures (which in some cases include enhancement planting), in Chapters 8 (Geology, Contaminated Land and Groundwater), 10 (Terrestrial and Freshwater Ecology), 11 Estuarine Ecology and 12 (Landscape). Therefore the proposed scheme is compliant with this policy.

E22 – Nature Conservation – Protected Species

√

n/a

√

Development proposals which have the potential to result in harm to a protected plant or animal species or its habitat under the Wildlife and Countryside Act 1981, the Habitats Regulation or the Protection of Badgers Act 1992 will not be permitted unless the protection of the species can be secured through appropriate design and construction methods. Scottish Natural Heritage should be notified where there is any evidence of possible occupation of protected species within the site of, or likely to be affected by, a development proposal

An EIA has been undertaken for the proposed scheme and impacts on habitats and key priority species are assessed in Chapters 10 (Terrestrial and Freshwater Ecology) and Chapter 11 (Estuarine Ecology) along with appropriate mitigation measures which aim to reduce identified impacts. Additionally, SNH has been consulted throughout the process. Therefore, the proposed scheme is compliant with this policy.

E23 and E26 –Countryside Recreation and Walkways/Cycle Routes and Rights of Way

√

n/a

√

The Council will protect and where appropriate improve existing rights of way and will seek to create a network of linked walkways/cycle/horse riding routes throughout the plan area. The Green Belt, the coast, the main waterway corridors and disused railway lines will be priority areas.

Chapter 17 (Pedestrians, Equestrians, Cyclists and Community Effects) assesses the impact of the proposed scheme on public rights of way and multi-use pathways and a number of public paths to the south and west of South Queensferry would be adversely impacted. However, mitigation measures have been identified in the chapter and include diversion routes or reinstatement once construction is completed. Additionally, the proposed scheme would enhance the pedestrian and public transport system with the creation of a dedicated public transport corridor on the existing Forth Road bridge and therefore it is compliant with this policy.

E27 - River Almond, Water of Leith

and their Tributaries

√

n/a

√

Protection and enhancement of the recreational potential of the River Almond, Water of Leith and their tributaries will be encouraged and supported including completion of continuous walkway/cycle routes along their banks, protection of their landscapes and rural character and the sensitive management of their banks and defined valleys.

The proposed scheme does not affect the recreational aspects of these watercourses. Re-instatement and enhancement planting on the M9 between Kirkliston and Newbridge would be undertaken to protect the landscape character of the River Almond from visual impacts of the proposed scheme as identified in Chapter 13 (Visual). The proposed scheme is therefore compliant with this policy.

E29 - Scheduled Ancient Monuments

√

n/a

√

Development will not be permitted which fails to ensure the protection, preservation and, if appropriate, the enhancement of a scheduled ancient monument, including its setting.

Chapter 14 (Cultural Heritage) has not identified any scheduled monuments within the southern study area that would be impacted upon by the proposed scheme. If undiscovered remains are uncovered, site investigation and possible excavation would occur to preserve and record these. The proposed scheme is therefore compliant with this policy.

E30 –Non Scheduled Archaeological Remains-Archaeological Evaluation

√

n/a

√

Where development proposals may affect a Site of Archaeological Significance, or any other site expected to be of potential archaeological interest, developers will be required to undertake an archaeological evaluation, in consultation with the Council’s Archaeologist, to determine the interest and importance of archaeological remains, prior to the determination of an application. Wherever possible the in situ preservation of any remains of importance will be sought. Where preservation is not practicable, a full archaeological investigation may be required, before development commences, with provision being made for the recording and analysis of the remains, and publication of the results.

Mitigation measures within Chapter 14 (Cultural Heritage) include excavation and site recording/analysis to ensure archaeological interests are protected throughout the development and therefore the proposed scheme is compliant with this policy.

E32 - Listed Buildings

X

n/a

X

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

The proposed scheme does not comply with this policy as it would have substantial adverse impacts on the setting of Port Edgar Barracks (Category B), listed building complex and Inchgarvie House (Category C(s)) listed building as identified in Chapter 14 (Cultural Heritage). Mitigation measures been identified to reduce impacts where possible but there would still be a substantial adverse impact.

E34 - Listed Buildings - Country

Houses

X

n/a

X

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.

The proposed scheme would be non-compliant with this policy as there would be adverse impacts on Dundas Castle Designed Landscape identified in Chapter 14 (Cultural Heritage).

E35 Conservation Areas

√

n/a

√

Developments in conservation areas will only be permitted where all features which contribute to the special character and appearance of the areas are retained. Such features may include unlisted buildings of townscape interest, boundary walls and railings, historic gardens, trees and landscape features, traditional and natural paving materials, street furniture, and the historic pattern of streets and spaces.

The proposed scheme would result in negligible impacts on the setting of the South Queensferry Conservation Area as discussed in Chapter 14 (Cultural Heritage) and is therefore compliant with this policy.

E41 and 42 – Design and Quality of New Development

√

n/a

√

New development will be required to promote high standards of design for all development and its careful visual and physical integration with its surroundings, built fabric as well as natural environment. Landscape buffers should be provided within new development sites or where a change of use occurs, to soften the transition to adjacent areas, especially where they have a natural heritage designation. New development should improve energy efficiency and reduce noise pollution and will be required to make a positive contribution to the overall character of its context and immediate setting. It must demonstrate high design quality and make provision for accessibility, safety, landscaping, new open spaces and public realm improvements.

Considerate design practices have been incorporated into the project including consideration of impacts on the landscape within west Edinburgh surrounding the scheme. Through the use of mitigation measures such as landscaping and planting, the proposed scheme would result in slight impacts upon the landscapes of west Edinburgh, as discussed in Chapter 12 (Landscape) and Chapter 13 (Visual). The proposed scheme is therefore compliant with this policy.

E46 Surface Water Run-Off

√

n/a

√

Planning applications should demonstrate that proposals will not result in a significant increase in surface water run-off relative to the capacity of the receiving water course in flood risk areas. Innovative methods of surface water disposal, in accordance with the principles of SEPA’s Sustainable Drainage Systems (SUDS) will be promoted in consultation with SEPA in order to minimise the pollution of watercourses.

The proposed scheme has incorporated SUDS measures within the project design to protect against flooding and watercourse pollution. Chapter 9: (Water Environment) includes identification of potential impacts on drainage and watercourse pollution and lists mitigation measures. Therefore the proposed scheme is compliant with this policy.

ED1 – Sites for Business and Industry

√

n/a

√

The Council will safeguard and support the development of sites ECON 1 - ECON11 and areas defined as "Existing Business Areas" on the Proposals Map, for business (class 4), general industry (class 5) or storage and distribution (class 6) uses.

The proposed scheme would impact on the development potential of a number of sites designated for economic development purposes. As discussed in Chapter 7 (Land Use), the ECON 10 site at Port Edgar may be adversely affected by noise, amenity and air quality impacts as a result of the proposed scheme while the ECON 7 site in Newbridge will be adversely affected by land take. Mitigation measures will be identified on a site specific basis for development applications and the two sites will still be able to be developed. Therefore the proposed scheme complies with this policy.

H1- Identified Housing Sites

√

n/a

√

New housing development will be permitted on sites with planning consent, previously identified housing sites and sites identified as new proposals in the 1999 finalised local plan. Should problems be encountered in the release of these sites, the Council may use its powers of compulsory purchase to let development proceed.

The proposed scheme would impact on the development potential of the housing sites identified as HSG 2 and HSG 7 and may cause indirect impacts on HSG6, Port Edgar. Site specific mitigation measures have been noted as being required in Chapter 7 (Land Use) and these sites would remain available for housing development. Therefore the proposed scheme is compliant.

HSG2 – Springfield, South Queensferry

√

n/a

√

Identified housing allocation with estimated capacity for 150 units.

The proposed scheme crosses this allocated housing site and would result in significant land take and impacts in amenity, as discussed in Chapter 7 (Land Use). Mitigation measures have been identified in the chapter along with measures in Chapters 12 (Landscape), 13 (Visual) and 16 (Noise and Traffic Vibration) and a portion of the site would still be available for housing, albeit at a smaller scale. However, the preamble to this policy states that ‘HSG 2 was acquired by the Scottish Executive to facilitate the second Forth Crossing’. In order to safeguard the site, Springfield (HSG2) was purchased in 1994 by the Scottish Office with planning consent in place for 150 residential units which included site infrastructure, recreational open space and associated environmental improvements of the site. As a test road was constructed in 1999, under section 27 of the Town and Country Planning (Scotland) Act 1997, "development" has been undertaken on the site and therefore the permission remains valid, without the need for a new application or a revised consent. This consent therefore provides a precedent for future development of HSG2. Overall the proposed scheme is considered compliant with this policy.

ENV6 – Springfield, South Queensferry

√

n/a

√

Area proposed for environmental improvements associated with residential development identified in Policy HSG2 situated to the north of this site. Although the proposed route would cut through this site environmental improvements would still be possible as required under this policy and therefore the proposed scheme is compliant

HSG7 – Society Road, South Queensferry

X

n/a

X

Housing proposal with undetermined capacity.

Development of housing on this site would still be able to be undertaken and therefore the proposed scheme is compliant with this policy. However, significant impacts upon the amenity of this site, especially in terms of noise, air quality and setting, as mentioned in Chapter 7 (Land Use) would result. Mitigation measures will be identified on a site specific basis as noted in Chapter 7 (Land Use) to reduce these impacts.

HSG6, ECON10 – Port Edgar

X

n/a

√

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 City of Edinburgh Council.

The proposed scheme would not directly impact upon the development potential of this site and is therefore compliant with this policy. However, some indirect impacts relating to noise, air quality and landscape have been identified within Chapter 7 (Land use) and mitigation measures have been identified both within this chapter and in Chapters 12 (Landscape), 13 (Visual) and 16 (Noise and Traffic Vibration).

E5 - Countryside and Green Belt

√

n/a

√

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.

The proposed scheme is not situated within the defined areas for strategic economic development (i.e. Edinburgh Airport, The Royal Highland Showground and Heriot-Watt University), however, it is of national economic importance as identified in NPF2 and therefore compliant with this policy. Additionally, mitigation measures have been identified in Chapters 12 (Landscape) and 13 (Visual) to reduce these impacts. Therefore the proposed scheme is considered compliant with this policy.

E17 - Nature Conservation sites

√

n/a

√

Provides protection for nature conservation sites of international and national importance, SPA, Ramsar sites 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. Impacts have been assessed and appropriate mitigation measures identified in Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology) Additionally RIAAs have been prepared for the Forth Islands SPA (and River Teith SAC, the Firth of Forth SPA and the Imperial Dock Lock SPA). These reports conclude that, with the designed mitigation incorporated into the construction and operation of the FRC, there would be no implication upon site integrity or conservation objectives for the qualifying species of these sites. No other plans and projects were assessed as having a potential effect, in combination with the proposed scheme, on the conservation objectives or site integrity of these sites. Additionally, the proposed scheme has been identified within NPF 2 as a development of national economic importance. Therefore it is concluded that the proposed scheme is compliant with this policy

TRA 2 – Transport Impact of Development Proposals

√

n/a

√

Development will not be permitted if it results in unacceptable impacts on the capacities of the existing road network.

The proposed scheme would improve the capacity of the road network approaching the Forth and is therefore compliant with this policy.

TRA 4 and 6 – Routes for cyclists and pedestrians

√

n/a

√

The Council will support the development of a comprehensive network of cycle and pedestrian routes, including on-road provision and off-road cycleways and footpaths. Existing routes and former railway lines will be safeguarded to protect the potential for a return to rail use, including the construction of stations and accesses, as well as re-use as walkways/cycleways. Proposals to complete missing links in key routes will be supported

Chapter 17 (Pedestrians, Equestrians and Cyclists and Community Effects) assesses the impact of the proposed scheme on public rights of way and multi-use pathways. A number of public paths to the south and west of South Queensferry would be adversely impacted, however, mitigation measures have been identified to reduce these impacts. Additionally, improved access over the Forth on the existing crossing for pedestrians and cyclists is identified as part of the proposed scheme. Therefore, the proposed scheme is compliant with this policy

TRA 9 - Environmental Impact of Transport Proposals

√

n/a

√

The Council will seek to minimise the impact of transport proposals on the environment. Careful consideration will be given to the proposed alignment, noise mitigation, siting, and design. Adequate levels of high quality screening and landscaping must be provided.

The proposed scheme is accompanied by an ES which identifies and addresses impacts and includes mitigation measures to reduce these as identified in Chapters 6-21. Consideration of environmental impacts, noise, design and other factors has been an integral part of the ES and therefore the proposed scheme is compliant with this policy.

West Edinburgh Planning Framework 2008

Schedule 1 (SPP status)

n/a

n/a

√

The Framework promotes and safeguards:

• The removal of lands from green belt designations south of the A8 to accommodate the relocation of the Royal Highland Showground.
• Sufficient land allocations for the expansion of Edinburgh Airport within the green belt, alongside areas to the north for the proposed second runway.
• The allocation, preparation and promotion of sites for the formation of an International Business Gateway for high quality, high value international business development.
• The development of a rail station at Gogar.

The proposed scheme would not impact on these proposals and therefore is compliant with this policy.

West Lothian Local Plan 2009

ENV2 – Protection of habitats and species

√

n/a

√

There is a presumption against development that will put at risk habitats and key priority species identified in the West Lothian Local Biodiversity Plan.

An EIA has been undertaken for the proposed scheme and impacts on habitats and key priority species within West Lothian are assessed in Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology) Mitigation measures have been identified to reduce impacts. The proposed scheme is therefore supported by this policy.

ENV3 - Special Protection Area (SPA)

√

n/a

√

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 it can ascertained that it will not adversely affect the integrity of a Natura 2000 site or, there are no alternative solutions or there are imperative reasons of over-riding national public interest to allow development.

Impacts have been assessed and appropriate mitigation measures identified in Chapters 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology). Additionally RIAAs have been prepared for the Forth Islands SPA (and River Teith SAC, the Firth of Forth SPA and the Imperial Dock Lock SPA). These reports conclude that, with the designed mitigation incorporated into the construction and operation of the proposed scheme, there would be no implications upon site integrity or conservation objectives for the qualifying species of these sites. No other plans and projects were assessed as having a potential effect, in combination with the proposed scheme, on the conservation objectives or site integrity of these sites. Additionally, the proposed scheme has been identified within NPF 2 as a development of national economic importance. Therefore it is concluded that the proposed scheme is compliant with this policy.

ENV6 – Environmental Assessment

√

n/a

√

Development proposals which could affect international and national sites of importance as designated under the European Directives or affecting the habitats and species listed in the Habitat Directives I and II and Species Directive Annex will require an appropriate level of environmental and biodiversity assessment. The need for an EIA will be assessed against the EIA (Scotland ) Regulations 1999 and an appropriate assessment under the Conservation (Natural Habitats) Regulations 1994 as amended.

The proposed scheme has been subject to an EIA, and RIAAs have been carried out to investigate potential impacts on international sites of importance on the Forth Estuary. The proposed scheme therefore complies with this policy.

ENV7 – Loss of Prime Agricultural Land

√

n/a

√

Development will not be permitted that results in the permanent loss of prime agricultural land unless there is an overwhelming locational need and there is a proven lack of development sites elsewhere.

The proposed scheme would adversely affect a large part of prime agricultural Iand in the southern study area. However, there is a locational need for annexation of lands at these locations due to the nature of the proposed scheme and impacts and mitigation measures have been identified in Chapter 7 (Land Use) The proposed scheme is therefore compliant with this policy.

ENV8 – Soil Assessments

√

n/a

√

On all greenfield development sites over 1 ha, soil assessment will be required in relation to their sustainable re-use for landscape, habitat creation and capacity to absorb water.

Soil assessments have been undertaken in Chapter 7 (Land Use) and appropriate mitigation measures have been identified for their sustainable re-use. Therefore this proposed scheme is compliant with this policy

ENV9 - Development within Areas of Special Agricultural Importance

√

n/a

√

There will a presumption against development within Areas of Special Agricultural Importance unless there are strategic reasons for location within this designation.

The proposed scheme would result in impacts on Areas of Special Agricultural Importance to the north east of Winchburgh and west of South Queensferry as identified in Chapter 7 (Land Use). However, as stated in Policy ENV7 above, there is a locational need for annexation of lands at these locations. Additionally, the proposed scheme has been identified as a national priority of economic importance in NPF2. Therefore it is concluded that the proposed scheme complies with this policy.

ENV10-14 - Impacts upon trees and woodlands possessing tree preservation orders and are of nature conservation interest

√

n/a

√

There is a presumption against development which would adversely impact upon trees and woodlands possessing tree preservation orders (TPOs) and are of nature conservation interest unless there is a proven locational need. Sustainable management of existing trees and woodland is required for development in countryside areas.

The proposed scheme would not impact on any trees possessing TPOs (as discussed in Chapter 12: Landscape) and would not directly impact upon woodlands of conservation interest (as discussed in Chapter 10: Terrestrial and Freshwater Ecology). The proposed scheme is therefore compliant with this policy.

ENV15 – Sustainable development of the Forth Estuary

√

n/a

√

Support is given to the sustainable development of the Forth Estuary and the integration of an integrated catchment management plan for the River Almond. Developers will be required to provide for the protection and enhancement of such watercourses.

Sustainable management plans in the form of River Basin Management Plans and Area Management Plans are being undertaken by SEPA for the Forth Estuary and surrounding rivers and are anticipated to be published in December 2009, the details of which are described in Chapter 9 (Water Environment). Draft RBMP and AMPs, including the Forth AMP, have been published for consultation by SEPA in 2008/2009 and the assessment of the proposed scheme on water resources has taken these into account in Chapter 9 (Water Environment). The proposed scheme is therefore compliant with this policy.

ENV15A – Impacts on water bodies

√

n/a

√

There is a presumption against development that would adversely affect a water body below the standards of the Water Framework Directive.

The proposed scheme includes SUDS measures as part of its design. Additionally, Chapter 9: (Water Environment) includes the identification of potential project impacts relating to drainage and watercourse pollution on surrounding rivers and water bodies and identifies adequate mitigation measures to reduce impacts which meet the standards of the Water Framework Directive. The proposed scheme is therefore compliant with this policy.

ENV16 – Opportunities within SUDS proposals

√

n/a

√

The Council wishes to ensure that opportunities to create biodiversity landscape and habitat creation are included in SUDS proposals.

Biodiversity and habitat creation proposals are included within the SUDS measures outlined for the proposed scheme in Chapter 9 (Water Environment). Therefore the proposed scheme is compliant with this policy.

ENV25-28 – Multi-use paths and recreational access to the countryside

√

n/a

√

Multi-use paths providing recreational access to the countryside will be safeguarded from development and enhanced wherever possible. The Council seeks to establish new links for recreational use such as those outlined in the Countryside Access Strategy (The Forth Route).

Chapter 17 (Pedestrians, Cyclists, Equestrians and Community Effects) assesses the impact of the proposed scheme on public rights of way and multi-use pathways. A number of public paths to the south and west of South Queensferry may be adversely affected. Where impacts on such routes are unavoidable, mitigation measures have been identified to maintain functionality and enhance routeways. Additionally, improved access for over the Forth on the existing crossing pedestrians and cyclists is identified as part of the proposed scheme. Therefore, the proposed scheme is compliant with this policy.

ENV24 – Development in the Countryside

X

n/a

X

The M8, M9, A89, A7066, A70, A71, and A801 and railway lines are key transport corridors in West Lothian. Development which is visually intrusive and impairs the appearance of the countryside, outwith urban areas will be resisted. The advertising of goods and services visible from these corridors is not supported.

The proposed scheme would be visually intrusive and located outwith urban areas in this location and therefore will be non-compliant with this policy. However, Chapters 12 (Landscape) and 13 (Visual) assess the impact of the proposed scheme and list mitigation measures to address these such as cuttings and landscaping to ensure impacts are reduced. Additionally, design has been incorporated throughout the EIA process to ensure that the proposed development is integrated into the surrounding landscape.

IMP6 Compliance with Sustainable Urban Drainage Principles

√

n/a

√

Developments must comply with current best practice on sustainable drainage systems practices, to the satisfaction of the Council, Scottish Water and SEPA.

The proposed scheme has incorporated SUDS measures and has consulted the relevant Councils and SEPA on the scheme design. Therefore the proposed scheme is compliant with this policy.

IMP8 Engineering impacts on the ecological status of water body

√

n/a

√

Culverting of watercourses is discouraged. Exceptions will only be allowed where there are no alternative solutions. There is a presumption against engineering works that would result in the ecological deterioration of a river, wetland or tidal/coastal water.

Chapter 9 (Water Environment) notes that a culvert is proposed on the Swine Burn river while further extensions are proposed on other river sections such as the Niddry Burn. Mitigation measures have been identified to reduce impacts and maintain and enhance the ecological status of the river as identified in Chapters 9 (Water Environment), 10 (Terrestrial and Freshwater Ecology) and 11 (Estuarine Ecology). Therefore the proposed scheme is compliant with this policy.

IMP9 Air Quality Impacts

√

n/a

√

Where appropriate, developers will be required to include information relating to development impact on air quality within the planning application. Development will not be permitted where such impacts can not be mitigated successfully.

The proposed scheme may result in significant air quality impacts on sensitive locations such as the south western parts of South Queensferry as assessed in Chapter 15 (Air Quality). Therefore the proposed scheme is therefore compliant with this policy.

IMP10 Noise Impacts

√

n/a

√

There is a presumption against development that would generate significant amounts of noise and are located in proximity to noise sensitive development such as proposed housing sites.

The proposed scheme may cause significant noise impacts on sensitive locations such as Dundas Home Farm, yet it has been subject to a detailed noise assessment as described in Chapter 16 (Noise and Traffic Vibration). Mitigation measures have been drawn up to significantly reduce noise impacts on neighbouring properties and are listed in Chapter 16 (Noise and Vibration) and Chapter 12 (Landscape). It is therefore compliant with this policy.

HER22-23 - Designed Landscapes and Gardens

√

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.

The proposed scheme would not adversely impact on designed landscapes and gardens within West Lothian as assessed in Chapter 14 (Cultural Heritage) and therefore is compliant with this policy.

CDA8 – Winchburgh and East Broxburn Core Development Area

√

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. The land use pattern and access to the strategic road network from the area will need to have regard to the Replacement Forth Crossing.

The proposed scheme would require negligible land-take within this development area and would not impact on the development potential of this allocation, as discussed in Chapter 7 (Land Use). Conversely, this allocation requires to take into account the requirements of the proposed scheme. Therefore, the proposed scheme is both compliant with and supported by this policy.

TRAN 7-10- Cycle and Pedestrian routes

√

n/a

√

The council encourages the provision of adequate cycle and pedestrian routes and infrastructure within new developments. National cycle routes are to be safeguarded from development.

The proposed scheme complies with these policies as the existing crossing would continue to provide adequate facilities for the above modes of transport across the Forth as part of the proposed managed crossing strategy, as discussed in Chapter 17 (Pedestrians, Cyclists, Equestrians and Community Effects).

TRAN28 – New Motorway junction on M9

√

n/a

√

A motorway junction is identified to serve planned Core Development Area at Winchburgh.

The proposed scheme would not impact on the viability of this proposal, as discussed in Chapter 7 (Land Use) and is therefore compliant with this policy.