elgin south - moray council - moray council · 1.2 what the masterplan covers (see plan in the...

ELGIN SOUTHM A S T E R P L A N

APPROVED SEPTEMBER 2000

E l g i n S o u t h • M A S T E R P L A N 2 0 0 02

E l g i n S o u t h • M A S T E R P L A N 2 0 0 0 3

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1.0 Introduction 4

1.2 What the Masterplan Covers 4

1.3 Sustainable Development 5

2.0 The Planning Context 6

2.1 The Planning Context 6

2.2 Public Consultation 7

2.3 Land Ownership 7

3.0 Strategic Planning Requirements and Issues 8

3.1 Research Studies and Impact Assessments: 8

- Environmental Impact Assessment

- Transport Assessment

- Surface Water Management Plan (Flooding Assessment)

3.2 Elgin Housing Land Strategy 9

3.3 Elgin Transport Strategy 10

4.0 Community Facilities and Services 11

4.1 Community Facilities Provision 11

4.2 Impacts on Services 12

4.3 Education 12

4.4 Neighbourhood Facilities 12

4.5 Sports and Leisure Facilities 13

4.6 Affordable and Special Needs Housing 14

5.0 Strategic Landscaping Provision 14

5.1 - ENV6 East Road Verges – A96 14

- ENV7 Landscaping New Development between A941 and A96

- ENV10 Dunkinty House Grounds

5.2 Tree Preservation Orders 17

6.0 Site Specific Policy Requirements 19

6.1 Security and Community Safety 19

6.2 Energy Conservation (Policy L/H3(v) 19

6.3 Landscaping and Recreational Provision (L/H3(iii), (iv) and L/IMP4) 23

6.4 Servicing and Infrastructure (L/H3(I), L/T4, L/T7, L/T9, L/IMP6) 24

- Roads Layout and parking

6.5 Drainage (L/IMP7, L/ENV24, L/ENV26, L/ENV25) 25

- Flood Risk Assessment

- Sustainable Urban Drainage Systems

- Waste Water

6.6 Pollution Conditions 27

6.7 Affordable Housing (L/H7, L/H8) 28

6.8 Developer Contributions (L/F1, L/F2) 28

7.0 Procedure 28

7.1 Planning Permission 29

7.2 Structure and Local Plan 29

7.3 Consideration 29

8.0 Policy Index 30

- Moray Structure Plan Policies

- Moray Local Plan 2000 Policies

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1.0 INTRODUCTION1.1.1 The development of the south east quadrant of Elgin is part of a planned expansion of the

town to cater for its housing and community facility needs until 2005 and beyond. The landzonings and strategy for its development are contained in the approved Moray StructurePlan and the adopted Moray Local Plan 2000.

1.1.2 This new development proposal for New Elgin is designed to cater for approximately 1050new houses, an initial 700 of which will meet the needs of the local housing market overthe 5 year period of the Local Plan which runs until 2005, with a strategic reserve of 350,(subject to review), providing for future years.

1.1.3 This number of new houses is what is forecast to be required to meet the needs of theElgin housing market over this period. Whereas in the past this level of developmentwould have been provided on dispersed and separate sites throughout the town, this timethe land has been assembled in one specific area, enabling the Council tocomprehensively plan for the provision of related community facilities and infrastructure(roads, water, drainage, education provision etc). Improvements particularly to the roadnetwork and to the provision of new recreational space should have major benefits for allthe residents of the New Elgin area.

1.2 What the Masterplan Covers(See plan in the centre pages)

1.2.1 This Masterplan is made up of two parts. The first part sets out the Council’s planningstrategy for the development of the south of Elgin, and sets this clearly within the confinesof the policies of the Moray Structure Plan and the Moray Local Plan 2000. This firstsection is overarching and covers all the issues of integration, (transport, drainage,community facilities etc.), relating each site to its position within the whole development.This section also deals with the application of policies geared towards ensuring qualityand sustainability throughout the development.

1.2.2 The second part of the Masterplan is made up of a series of individual development briefsfor each of the constituent sites that are covered by the Masterplan. These arespecifically the housing sites of R11 Waulkmill, R12 Linkwood East, R13 Glassgreen andR14 Thornhill, and the community facility sites of CF3 Reiket Park and CF4 Thornhill Field.The information contained in these briefs generally relates to issues of servicing (access,drainage, utilities etc.) and will describe how these sites can be developed and whatparticular matters they will have to address in terms of design and layout.

1.2.3 There are some aspects of development which the Masterplan and individual briefscannot address. These are subjects on which further specialist research studies arerequired, the results of which cannot be anticipated at the stage of writing theMasterplan. Most notably these relate to a full Environmental Impact Assessment of theproposals which must include an integrated transport and flood risk assessment. Moreinformation on these studies is provided in para 3.1 below. It is the developersresponsibility to commission these studies and submit them for evaluation with any futureplanning applications for the development.


1.3 Sustainable Development

1.3.1 The Moray Council is committed to placing sustainable development at the heart of itsdecision making. The principles of sustainability have been embodied in the preparationand production of both the Moray Structure Plan and the Moray Local Plan 2000 and thistheme will continue to be reflected in the approach to this Masterplan.

1.3.2 A sustainable community is one where everyone works together to try to ensure theirlong term social, economic and environmental well-being. It is a place with:

A HEALTHY ENVIRONMENT

• Resources, water, land and energy are used efficiently.• Waste is minimised then re-used, recycled, or recovered before careful final disposal.• Pollution is limited to levels which do not damage natural systems.• The diversity of nature is valued and protected.

A PROSPEROUS ECONOMY

• Local needs are met locally-supporting local business and employment.• Access to work, goods, services and other people is not achieved at the expense of

the environment or limited to those with cars.• Everyone has access to good quality food, water, housing and fuel at

reasonable costs.

AN INCLUSIVE SOCIETY

• Health and well-being are promoted through safe, clean and pleasant environments.• People live in confidence without fear of violence and crime.• Local traditions and cultural identity are valued, whilst opportunities for culture,

leisure and recreation are readily available to all.• Everyone has access to the skills, knowledge and information needed for them to play

a full part in their society and its decision-making.

1.3.3 The above principles will be reflected throughout the application of planning policies in this document.


2.0 THE PLANNING CONTEXT

2.1 The Planning Context

2.1.1 The Structure Plan provides housing allowances designed to meet housing demand in allof its key settlements including Elgin. Development is expected to be achieved in asensitive manner and to be subject to agreement with developers on affordable andspecial needs housing and any contributions required to mitigate the impact ofdevelopment.

2.1.2 In setting out its planning objectives for Elgin, the Local Plan acknowledges that theexisting high density residential areas of New Elgin are lacking in open space provisionfor recreation and that its roads are some of the most congested in the town. Accessibilityto the rest of Elgin is somewhat hampered by a number of substandard crossings of therailway line. The plan addresses these accessibility issues and links them to thedevelopment proposals to the south of the town.

2.1.3 The Plan also sets out environmental objectives relating to the sensitive landscaping ofthe main entrances into the town and of the town boundaries with the surroundingcountryside. Flooding and the need to manage flood risk relating to and arising from allnew development is also a key objective.

2.1.4 The Moray Local Plan 2000 sets the following objectives for Elgin:

• to provide an ample supply of housing land to meet the needs of the community.• to upgrade the environment of the town on its approach roads.• to achieve more sensitive treatment of development sites on the edge of town.• to improve traffic circulation in New Elgin and to link new development in the

south of town to roads improvements.• to implement a flood management plan for the town.


2.2 Public Consultation

2.2.1 The proposals contained within the Structure and Local Plan were subject to extensivepublic consultation during the preparatory stages of the plans in 1998 and 1999. Thisresulted in a number of unresolved local plan objections relating to the proposals beingheard at a Public Local Inquiry which was held in Elgin Town Hall during August 1999. TheCouncil received the report of this public inquiry in January 2000 and agreed to accept allits recommendations to resolve the outstanding objections. The Local Plan was thereforemodified to take account of these recommendations and was finally adopted by the Councilas fully operational from the 26 April 2000.

2.2.2 The preparation of this Masterplan is a requirement of the statutory Local Plan. A draftversion of the Masterplan (and its constituent development briefs) was published forpublic consultation in August 2000 with 500 copies of the document distributed toneighbouring householders and interested parties. A public exhibition of the proposalswas also held, as part of this process, in New Elgin School to which over 400 peopleattended.

2.2.3 The Council considered all the representations it received on the draft proposalsat its meeting of 20 September 2000, and following the agreement of a number of keychanges to the draft, approved the Masterplan in its final form.

2.2.4 The Masterplan and its constituent site development briefs will be a materialconsideration in the assessment of future planning applications. It has the status ofsupplementary planning guidance to the local plan in the terms outlined in NationalPlanning Policy Guidance 1 (paras 35-37) and in Planning Advice Note 49 (Local Planning),as published by the Scottish Executive.

2.3 Land Ownership

2.3.1 The land identified for development within this sector of New Elgin falls to a number ofprivate landowners and is largely comprised of parts of the farms of Glassgreen,Linkwood and Barmuckity. The Moray Council has no land ownership interest in any ofthe sites involved.


3.0 STRATEGIC PLANNING REQUIREMENTS AND ISSUES

3.1 Research Studies and Impact Assessments

3.1.1 The Local Plan requires that two specific research studies are carried out by thedevelopers prior to the submission of planning applications for housing development forany part of this development land. These are:

a) A comprehensive Transport Assessment of combined impact of all these developmentsites on the existing transport network (includes roads, public transport, cycling andwalking); and

b) An integrated Surface Water Management Plan to address the management of flood riskand the separation and disposal of surface water drainage. This plan should specify theuse of Sustainable Urban Drainage Systems (SUDS) where appropriate (see PolicyL/ENV24), and requires to be agreed with the Council in consultation with SEPA andNOSWA.

3.1.2 The context for the Transport Assessment is outlined in para 3.3 below and a brief for theFlood Risk Assessment, which will be a requirement of the surface water managementplan, is provided in para 6.5.

3.1.3 In addition to the above, the development is of a scale which requires an EnvironmentalImpact Assessment under the terms of the statutory regulations. This assessment canencompass the above two studies but must also examine impacts on matters such asnatural heritage, biodiversity and habitats, archaeology, pollution, noise, air quality andvisual and landscape impact. The EIA will be subject to independent audit.

3.1.4 As this Masterplan cannot pre-judge the outcome of thesestudies, this work will require to be undertaken separatelyby the developers and can be progressed in parallel with thepreparation of this Masterplan. The outcome of thesestudies will inform the Council on what requirements arenecessary to mitigate the environmental impacts of thedevelopment and to ensure that access and transportationissues (including pedestrian and cycle movement) are fullyaddressed. The requirements of this Masterplan togetherwith the agreed outcomes of these studies will form thebasis on which detailed planning applications will beassessed.

3.1.5 The contents of these studies will be available for publiccomment during the consultation stage of the planningapplications.


3.2 Elgin Housing Land Strategy

3.2.1 The Moray Structure Plan allowance for new housing in Elgin is 700 dwellings for theperiod to the end of 2005, (based on the strategic land forecasts for Moray). This is inaddition to land already allocated in the 1993-98 Local Plan for Elgin, some of which hasyet to be developed. For comparison, just under 400 houses were built during the 1978-1983 Local Plan period, over 400 houses during the 1985-1990 Local Plan period, and over700 houses in 1993-1998 Local Plan.

3.2.2 The bulk of the new housing designations in Elgin are assembled as part of thisdevelopment land package, to the south east area of the town between the Birnie Roadand the A96 at Barmuckity. The additional housing land supply for the current 5 yearperiod has been wholly allocated in this area to take advantage of existing schoolcapacities and in order to secure essential road improvements in the south side of thetown as part of the overall strategy for roads and traffic movement in Elgin. The proposedsites, which are anticipated to meet the planned housing allocations for Elgin over thenext 5 years are as follows:

R11 Waulkmill (160 house capacity)R12 Linkwood East (390 house capacity)R13 Glassgreen (150 house capacity)

3.2.3 Second phase sites, subject to review, which identify thelonger term land allocations include

R14 Thornhill (350 house capacity)R15 Bilbohall South (320 house capacity)

3.2.4 These latter sites are constrained for development within the term of the Local Planunless the Council is convinced of the merits of release in advance of this period. Thestatus of the strategic designations (if undeveloped in respect of policy L/H2 ‘StrategicReserves of Housing Land’) will be reviewed at the end of the plan period in light ofprogress made with the implementation of R11, R12 and R13 and their associatedservicing impacts and community facilities provision.

3.2.5 Sites R11 to R13 comprise the new additions to the existing housing land supply in Elgin.They are linked to the list of road improvements outlined in Elgin Roads Strategy (see para3.3 below) and the developer will be required to provide road improvements, according tothe traffic impact assessed. They are also linked to the provision of community facilitiesat sites CF3 and CF4.

3.2.6 The housing strategy for Elgin seeks to bring forward substantial housing allocationsalong with the necessary service and infrastructure improvements in a co-ordinatedmanner. It will be expected in pursuing this strategy that developers will contributetowards the costs of their development impacts in an equitable manner. This is essentialto ensure that large scale improvements can be undertaken and so that the burden ofdeveloper contributions does not rest with the developer whose proposals come upagainst infrastructure thresholds, or are the last to be implemented.

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3.2.7 The process of achieving the co-ordinated delivery of Elgin’s housing allocations wouldbe considerably assisted if interested developers were able to pursue a ‘consortium’approach. The Council will therefore encourage a ‘consortium’ approach which seeks todeal with development impacts in a co-ordinated way.

3.3 Elgin Transport Strategy

3.3.1 In the lead up to and during the development of the Local Plan, the Council has made useof a SATURN traffic model developed for Elgin. The model was prepared for the Counciland the Scottish Executive by the BABTIE Group (consultant traffic engineers). It hasenabled the Council to investigate a number of alternative development scenarios interms of their predicted impact on traffic movements. The proposed developmentstrategy within Elgin therefore takes account of these likely impacts and proposes anumber of improvements to the traffic system which are likely to be required to enabledevelopments to go ahead.

3.3.2 The plan links the designation of development land in the south of the town, subject of thisMasterplan, with road improvements designed to ease traffic circulation in, and around,New Elgin. The release of significant landholdings in the Barmuckity/Linkwood area isconditional upon specified road works being carried out, which will both improve trafficflows around the periphery of the town (from the A941 Rothes road, to the A96 Fochabersroad) and on radial routes into the town centre. The linkages into the town centre aredesigned to relieve the present congested route of New Elgin Main Street and ultimatelyto provide additional and improved railway crossings to remove the pressure from the onlyfull width bridge between the Laichmoray and the Edgar Road roundabouts. The extent ofthe improvements will be determined following the Council’s agreement of a formalTransport Assessment to be submitted by the developer.

3.3.3 The following potential south Elgin road improvements are identified in the Local Plan;

• TSP3 - Roundabout at A96 junction with Reiket Lane.• TSP4 - Reiket Lane railway bridge.• TSP5 - Reiket Lane/Linkwood Road/Thornhill Road (roundabout) junction.• TSP6 - Thornhill Road link to A941.• TSP7 - A941 roundabout/junction improvement. (A941, New Elgin Road,

Thornhill Road, Birnie Road).• TSP8 - Birnie Road link to Sandy Road.• TSP9 - Junction improvement Burnie Road/Sandy Road.• TSP10 - Sandy Road/Glenmoray Drive realignment.• TSP11 - Junction improvement at Edgar Road/Glenmoray Drive/Wards Road.• TSP12 - Edgar Road extension - Wittet Drive.• TSP13 - New railway bridge Wittet Drive/Edgar Road extension.• TSP14 - New roundabout A96/Wittet Drive.• TSP15 - New road link Linkwood Road/Maisondieu Road.

3.3.4 As development proceeds (controlled by the phased release of further land overconsecutive five year plan periods) further significant road schemes will be necessitated


and all developments in New Elgin will be measured against their impact on trafficmovements and whether they will be required to provide or contribute towards any of theschemes nominated in the plan.

3.3.5 Over the next fifteen year period, the land banks on the south side of the town could,together with brownfield and opportunity redevelopments elsewhere in the town,accommodate over fifteen hundred new houses in the Linkwood, Glassgreen, Bilbohalland the Mayne Farm areas, some one thousand of these in the first five-ten years. Thiswould be a significant addition to the housing stock and is likely to justify extensiveimprovements to the road network.

4.0 COMMUNITY FACILITIES AND SERVICES

4.1 Community Facilities Provision

4.1.1 The land assembled for development includes two sites specifically set aside forcommunity facilities. Both are designed to increase the amount of public open space andrecreational ground available in New Elgin.

4.1.2 Site CF3 is designated as a public park and is linked to the development of R12. This siteis proposed for passive recreational use only and should be a major asset to thecommunity for informal recreation. The site will be required to be laid out in lawns with anetwork of footpath/cycletrack links connecting with Linkwood Road and theneighbouring housing land. There is no requirement for formal sports facilities to beprovided in CF3. The Council will consider serving a Tree Preservation Order covering thisarea.

4.1.3 The Council has prepared a technical specification for the layout of CF3 and this will bemade available to the developer of R12 to which the provision of the park is linked. Thisdeals with matters such as ground preparation, seeding, tree management, pathconstruction, fencing, car park provision and signposting.

4.1.4 CF4 is targeted at the provision of active recreation and community facilities. This mayinclude playing fields and sports provision, educational and health uses andneighbourhood retailing facilities such as shop and post office. More detailed informationon CF3 and CF4 is provided in the individual site briefs. See also para 4.4-4.5 below.

4.1.5 As with CF3 above a technical specification has been prepared for the layout andprovision of playing fields and associated facilities at CF4, and this can be made availableto the developer.

4.1.6 CF3 is directly linked to the development of R12, however with regard to CF4 the Councilwill enter into detailed discussions with the developer on how and when the services andfacilities are constructed and provided. A phased programme of implementation offacilities will be examined and linked to the completion of housing units on all sites R11 toR14. Options will also exist for the provision and construction of the facilities either by the


developer or, on agreement of an appropriate capital sum, the Council. The Council willalso engage in discussions with the developer to ensure appropriate legal agreementsare put in place to ensure the future management and maintenance of these sites. Thiswill include discussions on long term leasing arrangements or the transfer of title,whichever is deemed appropriate.

4.2 Impacts on Other Services

4.2.1 The Council must also address additional impacts on other community services, facilitiesand infrastructure such as schools and neighbourhood services which are necessary forthe development to proceed. These impacts will be assessed under the terms of theCouncil’s policies for developer contributions (S/F1, LF1-LF3) and in accordance withScottish Executive guidance as provided in Circular 12/96 on Planning Agreements.

4.3 Education

4.3.1 On the basis of current information there is sufficient capacity within the existing primaryand secondary schools to provide for the first phase developments (i.e. R11, R12 and R13).However, because forecasts are based on certain key assumptions at the time ofpreparation (e.g. national policy on class size or parents charter movements) it will benecessary to monitor the position on an annual basis. Whilst overall capacity is currentlyadequate there is a requirement to ensure that any new space brought into use is fit forthe purpose. A point will be reached where the impact of the development will make itnecessary to decant existing nursery provision from New Elgin Primary into adjacenthutted accommodation. In that event it will be necessary to either upgrade or replace theexisting hutted accommodation and the developers will be required to meet the costs ofthis refurbishment. Details of the specific improvements required have been prepared,and can be made available to the developers.

4.3.2 On the basis of current assumptions capacity should also be available to meet the needsof R14 and R15 subject to the reorganisation of accommodation referred to above. Theseassumptions and forecasts will require annual monitoring by the Council.

4.4 Neighbourhood Facilities

4.4.1 As part of the provision of facilities on CF4, a complex of neighbourhood facilities requiresto be provided and the Council will enter discussions with the developer on theappropriate mix of uses compatible with the site’s location and focus on recreation. Thecomplex of neighbourhood facilities could provide the following:- medical/health consulting facilities;- a post office;- chemist;- neighbourhood retail units (individually not exceeding 300m2 of net floorspace);- neighbourhood offices, with teleworking facilities;- buildings for community or religious use/worship;- leisure facilities;- recycling facilities.


4.4.2 The assembly of the above facilities will require careful consideration in terms of theircompatibility and community focus. The Council will seek a vibrant community facility setwithin a quality environment which will be purposely designed for community safety andcrime prevention. The Council will require to establish a clear local community need andfocus for all new facilities provided on CF4. These uses must be fully compatible with thesite's primary objective of providing sports and leisure facilities.

4.4.3 The Council will observe the following parameters:

(i) The Council has established the requirement to safeguard 2ha of CF4 for a futurenew school. This area will require to be identified and should be located to the northof the site.

(ii) A minimum of 6.5 ha are required to be devoted to sports and leisure provision tomeet the specific impact of the south Elgin development sites. This provision mustbe identified on a free draining part of the site and contain two full size soccerpitches and a changing pavilion with the remaining area set out in grass.

(iii) Buildings on the site which may constitute the community facilities should notexceed 1 ha in area inclusive of parking and access requirements without theagreement of the planning authority.

(iv) The balance of the site must be laid in parkland incorporating tree planting and may accommodate SUDS infrastructure related to the wider development of R14.

4.4.4 The population increase in south Elgin which will occur as a result of this development,will place a considerable stress on the existing facilities at New Elgin Community Hall.The Council will require the developer to mitigate the impacts on this community facilitythrough either the refurbishment of the existing New Elgin Hall or the provision of newfacilities as part of the assembly of uses on CF4. The Council will conduct furtherinvestigations into the requirement for community hall facilities arising out of thisdevelopment.

4.5 Sports and Leisure Facilities

4.5.1 Policy CF4 requires the provision of sporting and leisure facilities. The Council has run asport facilities model with Sport Scotland to identify the requirements of this developmentin terms of its impact on South Elgin. As a result of this modelling exercise the Council willrequire the provision by the developer of a minimum of two playing fields, with a pavilionand associated car park on CF4.

4.5.2 CF4 will require to be laid out to accommodate this in addition to the complex ofneighbourhood facilities outlined above. The playing fields should ideally be positionedalong side each other on an east/west axis and due to the contours of CF4 require to bepositioned as far to the north of the site as possible. The layout of CF4 should allow foradditional space for training and other sporting and parkland uses. A technicalspecification for the construction of these facilities is also available.


4.6 Affordable and Special Needs Housing

4.6.1 Structure Plan Policy (S/H5) and Local Plan Policies (L/H7 and L/H8) require developers toconsider the provision of affordable and special needs housing on the basis of those needsidentified by the Council’s Community Services Department. The Local Plan identifies arange of mechanisms that could be used to deliver the provision of affordable or specialneeds housing including transfer to a public body such as the Council or Scottish Homes,through planning agreement or condition or through a form of joint venture.

4.6.2 Affordable and special needs housing requirements will, of course, change over time.However, a substantial level of need has been currently identified for Elgin and this islikely to remain the case for some considerable time. Current estimates of need wouldsuggest that a substantial proportion of the Elgin South development should be devotedto some form of social housing.

4.6.3 The Council together with Scottish Homes have targeted the need for the equivalent of140 housing units for rent and for low cost home ownership forElgin over the first phase of the development (total 700 housingunits). This is based on a local housing needs analysis carried outin June 2000, which shows 872 applicants on the waiting list forNew Elgin of which 200 have 50 or more points indicating asignificant level of housing need. This analysis also indicates 314expressions of interest in low cost home ownership (LCHO) inElgin. As this development has received the entire new housingland allocation for Elgin over the local plan period it is appropriatethat this targeted provision is largely accommodated within thisdevelopment.

4.6.4 The Council’s Housing Service is in discussion with Scottish Homes on the fundingmechanisms for the delivery of this housing and can advise the developers on fundingand phasing implications.

5.0 Strategic Landscaping Provision

5.1.0 The planning of a land release on this scale enables the Council as planning authority totake a broader view of the impact of the proposal on the environment of Elgin and itssurroundings. The provision by the developers of an Environmental Impact Assessment

will inform the Council of the specific impacts of the development on the natural heritageof the area and on the issues such as pollution, surface water management, noise,landscape and visual impact.

5.1.1 The Local Plan already identifies a number of specific landscaping requirements that thenew development must provide within existing site designations. In addition, theproposals must also meet the requirements of three additional environment policies -ENV6 ‘East Road verges A96’, ENV7 ‘Landscaping new development between the A941and the A96’ and ENV10 ‘Dunkinty House grounds’.


5.1.2 ENV6 seeks to implement the local plan objectives of improving the appearance of thetown on its main entrance road from the east, the A96. It also has the function ofsafeguarding areas adjacent to the trunk road for future widening. Within the areaidentified as ENV6 along the south of the carriageway, between the town boundary andthe junction of Reiket Lane with the A96, a landscaped verge (including, tree and shrubplanting) must be provided which will screen the new housing site on R11. This vergeshould also include a footpath/cyclepath link-extending from the town boundary to asuitable point further west on the A96. The successful design of the area between PineGrove and the A96 further west is a good example of what is sought here and on theentrance to the town on the Rothes Road. These verges should be designed as tree lined'avenues' with species selected to provide large scale tree cover (this may include theuse of exotics as well as native species).

ENV6 East Road Verges - A 96

The existing road verge on the south side of the road is to be retained and kept as alandscaping screen incorporating a variety of open spaces with tree and shrubplanting. Proposals to develop land on the north side must incorporate a similarlydesigned 30m planted strip to function as a setting to the industrial land at Chanonryand Linkwood and enhance the town entrance, in line with Objective (vi) for Elgin. Alandscaping scheme has been prepared by the Council and must be implemented bynew developments on the industrial sites to the north.

The design of the landscaped area to the south of the A96 at R11 can incorporate anaccess provision from Reiket Lane to the satisfaction of the Council. Apart from roadimprovements (including cycleways) the Council will not approve any applicationsfor development (including the display of goods and services) or advertisementswithin the landscape verges designated as ENV6. Enforcement action will bepursued where necessary.

ENV7 Landscaping New Development between A941 and A96

The development of the housing land to the south of the town (R11, R12, R13, R14) willrequire comprehensive landscape treatment. A master plan shall be prepared forthe entire area between the A96 and the A941 and will address the landscapedintegration of new development sites with the existing Reiket Lane, Thornhill Roadand Sandy Road, as well as the section of the A941 at the entrance to the town. (seepolicies CF3, CF4 and ENV10)

ENV10 Dunkinty House Grounds

In association with CF3 this site makes a valuable contribution to the environment ofElgin's southern boundary and the access to the town on the Linkwood Road. TheCouncil will pursue a tree management and protection plan for the site and inassociation with CF3 will consider the serving of a Tree Preservation Order tosafeguard the sites amenity.


5.1.3 ENV7 requires the developer to address the large scale landscaping of the main roadcorridors throughout the development, but most specifically along Reiket Lane, ThornhillRoad, the A941 (Rothes Road) and Sandy Road. The objective here is to retain a set backof housing development from the main spinal route which will serve as a distributor roadfor the development and to integrate development within the wider landscape. Again theconcept is to landscape these corridors as tree lined avenues and species should beselected accordingly. The developer is required to provide a comprehensive landscapeplan for the entire development providing details of integration of the new developmentsites with the main road corridors and the principal entrances to the town on the A941and the A96.

5.1.4 The development to the west of Reiket Lane at Manitoba Place, has established alandscaped frontage which should be mirrored on the east side of the road along thefrontage of R12. Shrub planting, supplanted with large scale roadside trees (on bothsides), will assist with noise reduction from road traffic and provide a tree lined avenueon Reiket Lane. This should integrate with pedestrian and cycle access to the proposedReiket Lane Park at CF3, and address whatever road junction improvement is required atthe Reiket Lane/Linkwood Road junction.

5.1.5 The stretch of road connecting this junction with theA941 along Thornhill Road will require carefullandscaping attention as the objective here is toestablish a specific break between the edge of theexisting built up area and the new development onCF4 and R14 to the south. The text of R14 specificallyrequires a landscaped verge averaging 20 m indepth. The design of this verge will have to reflectdesign changes required to the alignment ofThornhill Road, which will be determined by the Transport Assessment. The 20 metre depthwill be measured from the edge of the newly aligned carriageway if appropriate. A keyobjective will be to retain an outlook for southern facing properties on Thornhill and BirnieRoads over a landscaped corridor that may vary in depth but will create landscapewindows retaining views to the south from selected points.

5.1.6 The A941 entrance along the Rothes Road has a specific requirement for a 25 mlandscaped verge on either side of the Road. Again the example of the A96 verge to therear of Pine Grove is what is sought in terms of the design of these roadside verges.

5.1.7 The most conspicuous views into the housing sites are of R14 from the Rothes roadapproaching the town from the south. The edge of the existing built up area will besoftened by the planting of the Thornhill Road corridor as discussed above but boundarytreatment between the A941 and the Linkwood Burn will be critical in softening the visualand landscape impact of the development, creating an attractive entrance to the town,and in maintaining the riparian corridor.


5.1.8 In respect of all of the above, the Council require the submission of alandscaping plan that demonstrates the integration of existing maturewoodland areas which link the sites (at Pine Grove, Linkwood Farm,Dunkinty House, Linkwood Distillery and along the Linkwood Burn). Thiswill enable the Council to integrate management proposals for ENV10

with the entire landscaping plan for the south side of the town.

5.1.9 The design of all landscape areas should reflect the role of these areasin providing shelter and in creating micro climates for adjacent housingareas. More detailed guidance is provided in para 6.2.14.

5.1.10 Policies L/H3(iii) and L/IMP4 of the local plan require the provision of landscaping inaccordance with the site designations as detailed in the individual development briefs.These policies also require the provision of appropriate maintenance arrangements of allcommunal areas.

5.1.11 Tree planting along the railway line within R11 and R12 should be subject to consultationwith the Environment Manager at Railtrack to ensure that the species of trees and theirlocation will not have an impact on the running of the railway.

5.1.12 The Council will require the predominant use of native species in all new plantingproposals. However exotic species may also be selected for specific landscaped designobjectives such as 'avenue' roadside planting. Native selections should be as follows:Hedgerows should be in hardwood using a mix of elder/dogrose/ blackthorn/holly/hawthorn. Shrub planting should be selected from a mix of holly, elder, geen (wild cherry),hawthorn, blackthorn, dogrose or hazel. Tree species should be selected from sessileoak, ash, wychelm, silver birch, rowan or Scots pine. Selection from the above speciesshould be of regional provinance, tailored to local soil conditions, and agreed with theDepartment of Environmental Services.

5.2 Tree Preservation Orders

5.2.1 There are two Tree Preservation Orders (TPO’s) which affect land adjacent to thedevelopment sites. A TPO was placed in 1972 on the mature trees which line the LinkwoodBurn running south west from the disused railway line abutting the boundaries of CF4 andR14. Approximately 50% of the trees are contained within the ENV10 designationextending from Dunkinty House grounds along the Linkwood Burn. The remainder relateto the trees that line the burn as far as the dog-leg section of the burn near the A941.

5.2.2 A more recent TPO was made in 1998 on the small pine woodlands, which surroundWaulkmill Grove, adjacent to R11 – designated as ENV3 in the Local Plan. These trees areprotected for their collective amenity value, particularly in regard to their visual amenity,and not as individual species. Development proposals for R11 may necessitate (forreasons of road safety) that access to Reiket Lane is taken through a small part of theWaulkmill TPO immediately opposite the access to Pine Grove. Should this be considerednecessary to achieve a safe access to the development, the Council will require minimumdisturbance to the trees and compensatory landscaping to be provided by the developer.


5.2.3 As stated in para 4.1.2., the Council will considerserving a new TPO covering the extent of siteCF3 Reiket Park. This area is required to bedeveloped as a public parkland in associationwith the development of R12 for housing.

5.2.4 Details of the TPO’s are contained in the sitedevelopment briefs for R11, CF3, CF4 and R14and further information can be obtained fromthe Council.

5.2.5 Anyone wishing to carry out work to treescovered by a TPO are required to give 6 weekswritten notice to the Council of the exact workswhich they propose to carry out. The Councilwill then inspect the trees and notify theapplicant of the Council’s decision. The Councilmay request a tree surgeons report to justify theworks proposed. If trees covered by a TPO require to be felled then, in most casesreplanting or replacement will be a condition of consent and the condition will specify thenumber, species and size of tree.


6.0 SITE SPECIFIC POLICY REQUIREMENTS

6.1 Security and Community Safety

6.1.0 Design and layout of housing areas and the community facilitiessites (including the proposed park at CF3) should follow ScottishExecutive guidance on 'Planning for Crime Prevention' (PAN46) inrespect of establishing, for example, natural surveillance, privacy,landscaping, definition of boundaries, lighting, access and parking(see also advice provided in para 6.2.10 below). The Council willconsult the Local Authority Liaison Officer (Grampian Police) on alldevelopment proposals.

6.2 Energy Conservation (Policy L/H3(v))

6.2.1 The Moray Council seeks to encourage energy efficiency within the construction, designand layout of new housing developments. This will be of particular relevance todevelopments on this scale.

6.2.2 In support of these objectives, a statement of the energy conservation techniques beingemployed in the development must be submitted with any planning application.

6.2.3 The options for energy saving throughout the development process are considerable andcan lead to significant savings to both the developer and the future householders. TheCouncil will encourage the developer to address energy saving in the following areas:

• Throughout the construction phase, efforts should be focused on minimising waste from site development. Landfill and earthworks should be recycled to avoid the need to remove material from the site – using material for landscaping or forming swales for containing flood water, for example.

• The selection of construction materials should reflect their embodied energy levels – wood is preferred to plastics and metals, locally sourced wet and dry dash harling to imported cut stone or brick etc.

• Heat retention within and surrounding the houses can be addressed through the application of passive solar techniques to building, layout and landscaping design (see below). Consideration should also be given to the potential for community heating systems, and other design initiatives that maximise heat capture, retention, and circulation.


6.2.4 One of the primary sources of energy savings will come from theapplication of passive solar design (PSD) techniques to the siting,layout, built form and landscaping of the development. The applicationof PSD techniques to the layout of the development should result inlittle or no cost to the developer yet over the lifetime of thedevelopment can amount to substantial savings for the householdersand bring a significant benefit in terms of the reduction in use of fossilfuels for heating and thereby a reduction in greenhouse gasemissions. All the development sites subject of this brief are eithersouth or south-east facing, giving considerable potential to makemaximum use of passive solar energy.

6.2.5 The objectives for the application of PSD in the siting and layout of development and isfocused on three main elements

1. Orientation – a glazed elevation of a house within 30° of due south has the maximum potential for solar gain.

2. Avoidance of Overshadowing – the careful spacing of buildings will help to minimise the loss of solar gain which results when a building’s southern elevation is overshadowed.

3. Protection from the Wind – If a building is sheltered from cold northerly winds and from prevailing winds (which in Moray are from the south west), cold draughts and cooling of the building envelope can be reduced.

6.2.6 With regard to this development the following guidance should be reflected in thesubmitted proposals:

6.2.7 Access and Layout: the positions of R11, R12, R13 and particularly R14 are well suited totake maximum advantage of their orientation. Residential roads within the developmentshould ideally run east-west from the main distributor link provided by Reiket Lane andThornhill Road which runs approximately north-south. This should facilitate a housinglayout in which either the front or the rear elevation of a dwelling faces roughly south.

6.2.8 Spacing: Houses within the development should be spaced so as to avoidovershadowing. This will be easiest to achieve on R13 and R14 where the sites slope tothe south but may be slightly more difficult on R11 and R12. Where mixed scale housingis proposed, the taller buildings can be sited to the north or west side of the sites and thelower buildings to the south and east. (The landscaping corridor on Thornhill Road shouldprovide a sufficient space to avoid overshadowing the existing properties that frontThornhill Road).

6.2.9 Variation: The need to ensure that most dwellings have a principal elevation facing southshould be relatively easy to achieve throughout this development. It should not however,result in rigid building lines which are monotonous. Houses can be set back from accessroads at different distances, can employ staggered or stepped facades and can afford awide range of architectural treatment.


6.2.10 Security: In tandem with the requirements as set out in para 6.1.0, the requirements ofPSD should not compromise the need to ensure that streets, car parks and other publicareas are overlooked from adjacent properties. Developments with kitchens overlookingfrom one side of the road and living rooms from the other side may provide better naturalsurveillance than traditional layouts with living rooms facing both sides of the road.Although windows should be concentrated on the southern elevation of a building toenhance solar gain, PSD does not preclude or conflict with the need to include windowson other elevations.

6.2.11 Building Design: Building Regulations specify a minimum standardenergy conservation with regard to factors such as thermalinsulation, ventilation, internal heat gains, heating systems and solargain. Part L of the Regulations specifies the maximum permitted areaof windows and doors in a dwelling, expressed as a percentage offloor area, having regard to its SAP energy rating.

6.2.12 Clearly the obvious design features of buildings seeking to maximiseenergy gain from the daylight and the heat of the sun will be aconcentration of glazing on the southern elevation, (with theappropriate ventilation) although a balance must be struck on issuessuch as privacy and overlooking for neighbouring properties. Inaddition the use of conservatories and atria (a glass roofed spacewhich forms an integral part of the building) can be useful features if designed properly, tobring daylight into the heart of a building, acting as a heat collector in winter and a means ofventilation in the summer. Garages and garden sheds can also have a function in providinga buffer to the colder exposed elevations of the house and can assist with providing shelter.

6.2.13 Incorporation of these design features are fully compatible with policy L/IMP3 "NewBuilding Design".

Built form and PSD: main principles. Source: DTI - Planning for Passive Solar Gain.


6.2.14 Landscaping: The landscaping of this development has an obvious role in providingshelter, enclosure and assisting the creation of micro-climates within the developmentwhich will make it a much more comfortable place to live. The landscaping requirementsfor each site are set out in the individual site designations and are discussed in para 5.0above, but the design of these should reflect strongly the principles of PSD.

6.2.15 The key aim of landscaping in this context is to avoid overshadowing of buildings and inthis respect the treatment of the eastern and southern boundaries of R11, R12, R13 andR14 will be important. R14 in particular, will inherit mature landscaping on or adjacent toits southern boundary which may cast a shadow over part of the site. On R14 a minimum10 m strip is sought for the burnside and in parts, consideration should be given toextending this if properties are found to be permanently overshadowed by the existingmature trees. The sites are generally well sheltered from northern elevations, except forR11 for which the planting of the verge on the A96 should assist (ENV6) considerably. R13and possible R14 have greater exposure to the prevailing south westerlies and thisshould be reflected in the design of the landscaping on their western boundaries.

Trees on the southern side of a house can promote shading in summer with solar gain in theheating season. Source: DTI - Planning for Passive Solar Gain.


6.3 RECREATIONAL PROVISION

6.3.1 Recreational Provision (Policy L/H3 (iv))

A strategic view should be taken to the provision of recreational space and playequipment across the development. Apart from those facilities identified for CF3 and CF4in paras 4.1, 4.4 and 4.5 above, equipped childrens play facilities will be required. It isrecommended that a single central play facility if provided to serve all childrens agegroups at a location on CF4. Smaller dispersed play facilities could then be providedwithin the individual housing sites focused mainly on toddler provision.

6.3.2 The anticipated level of this form of provision would be as follows:

Central Facility

Play equipment to BS EN1176 and Loosefill Safety Surfacing to BS EN1177.

Typical Provision:2 bay toddlers swing2 bay junior swing3 No spring animals1 No toddlers "Multi unit"1 No "Aeroskate" (fixed skateboard)1 No "Cableway"1 No "Multi unit"1 No "Gyro" (mobile frame)1 No "Apolo" (mobile frame).

6.3.3 Furniture such as bench seats, litter bins and picnic tables will form part of theprovision and an indicative cost for the entire installation (if undertaken by the Council)can be provided to the developer.


6.3.4 Dispersed Facilities

Play equipment to BS EN 1176 and Loosefill Safety Surfacing to BS EN 1177 spread overMasterplan Area at five locations, i.e. R11, R12 x 2, R13 and R14.

Typical provision per site:2 bay toddler’s swing2 bay junior swing2 No spring animals1 No Multi unit

6.3.5 Furniture such as bench seats and litter bins will form part of the provisionand fencing, appropriate to each individual location.

6.3.6 An indicative cost per location (if undertaken by the Council) can be provided and the"Village Green" concept with overlooking by property frontages should be a designconsideration under the terms of the advice in para 6.1.

6.3.7 Specification for the standard and layout of facilities must be confirmed with the Director ofEnvironmental Services and details of a maintenance agreement provided for assessment.

6.4 SERVICING AND INFRASTRUCTURE

6.4.1 Roads Layout (Policy L/H3(i), L/T4, L/T9, L/IMP6)

Issues of road layout, junction improvement, public transport, pedestrian and cyclemovement will be considered under the terms of the Transport Assessment which mustbe carried out for the entire development, all as more fully described under para 3.1 and3.3 [Elgin Transport Strategy] above.

6.4.2 Technical specification for road layout within the site will be dealt with underConstruction Consent procedures, and this element should be discussed and agreed withthe Chief Roads Officer. The Council will discuss noval road layouts which calm traffic,enhance public safety and contribute to design and appearance of the built environment.

6.4.3 The internal layout should integrate with the structurallandscaping (particularly that related to the provision ofacoustic barriers) and clearly illustrate vehicle, cycle andpedestrian links outwith the site. Where any existingfootpath runs through the site, the applicant shouldestablish, in consultation with the Council, whether theroute is a Right of Way or a public footpath and whether itis necessary or appropriate to enter into any formalprocedure to divert or close the route.


6.4.4 Parking (policy L/T7)

Parking within house curtilages shall be provided at a ratio of 2 spaces per three bedroomdwelling or 3 spaces per 4 bedroom dwelling. If communal provision is being made for anypart of the site, it shall be at a standard of 1.5 spaces per dwelling. Off street communalparking for commercial vehicles will also be required.

6.5 Drainage (Policies L/IMP7, L/ENV24, L/ENV25)

6.5.1 As with the transport impact, the drainage impacts of the developments are to beassessed separately under the terms of a comprehensive Surface Water ManagementPlan. This plan will examine all drainage aspects of the proposal, but most particularly theissue of flood risk to, and emanating from the development.

6.5.2 Flood Risk Assessment (Policy L/ENV26)

The development site is made up of several blocks of land on the south and south eastperimeter of Elgin, on ground which drains to the natural watercourse known as theLinkwood Burn. In turn this burn flows into the River Lossie with a confluence immediatelydownstream of the recognised development boundary of Elgin.

6.5.3 With the exception of parts of R11, the proposed development sites do not have a historyof on site flooding from watercourses, but the Linkwood Burn does have a history offlooding onto the adjoining agricultural land, several residential properties nearBarmuckity Farm and the A96 Aberdeen-Inverness trunk road near to the junction withthe unclassified 123E Moss of Barmuckity road. Occasions when this flooding takes placeare normally in association with extreme flooding events which result in high water levelsin the River Lossie. The reasons for the flooding may be due to capacity problems in theLinkwood Burn or discharge problems due to the high levels on the River Lossie or acombination of these factors.

6.5.4 The Moray Council recognises the need to investigate the flood characteristics of thelower River Lossie catchment, particularly after the recent flooding events of September1995, July 1997 and April 2000 and are committed to promoting the study ofcomprehensive flood prevention measures. Work is underway to commission floodprevention studies which will satisfy the legislative requirements of such works. Thesuccess of this initiative is yet to be established, but it is anticipated that the finalisationof proposals will be within the lifetime of the Moray Local Plan 2000.

6.5.5 It is recognised that Developers may wish to promote the development of certain areasof land on the south and south east perimeter of Elgin, before any comprehensive floodprevention details for the lower Lossie catchment are available, and therefore it will beup to Developers to submit for consideration all appropriate details which will ensure thatany proposed development does not exacerbate current flood conditions. Developmentproposals should therefore adopt Sustainable Urban Drainage Systems (SUDS) tomanage and control the risk of flooding both on the development sites and off site onadjoining land and property.


6.5.6 The type of information required, for the flood study although not exhaustive, shouldinclude the following:

• Location plans showing existing and proposed land uses;• Cross sections through the existing site and proposed developments;• Any flood alleviation measures already in place;• Information of previous flood events, showing extent, depths, flows, modelling

data etc.;• Inflows or structures which may affect the hydraulics of the site and watercourse;• An assessment of storm conditions, periods etc. used in the assessment and design;• An assessment of impact of any displaced or additional water as a result of

the proposals.• Details of the SUDS system to be used, with all necessary design assumptions

and conclusions;• Details of any additional flood prevention measures or structure proposed and the

affect which these would have on the adjacent watercourses, and flood risk.

6.5.7 SEPA have produced a generic study model for flood risk assessment which the Councilcan make available to the developers on request.

6.5.8 Sustainable Urban Drainage Systems

SEPA would wish to see Sustainable Urban Drainage Systems (SUDS) for the disposaland treatment of surface water incorporated throughout this development. This willprotect the water quality and regulate water quantity so as not to cause or exacerbateflood risk. Surface water disposal should be effected by means of an integrated system,the specification, adoption and maintenance of which should be agreed with SEPA,NOSWA and the Council’s Roads Service prior to the submission of a detailed planningapplication. The Councils Lands and Parks Service should also be consulted whereamenity wetlands or ponds are planned. The specification of the system should taken intoaccount management of any flood risk, on or near the site, and follow the guidancecontained in the CIRIA document ‘Sustainable Urban Drainage Systems – design manualfor Scotland and Northern Ireland’ – Ref C521. Details of all drainage arrangements,including maintenance provision, are required as part of a planning application.

6.5.9 Waste Water

The North of Scotland Water Authority have advised that the drainage for R11 will berequired to discharge to Reynolds Crescent pumping station for conveyance to Moycroftand ultimately to the new treatment plant at Lossiemouth. Internal site topographysuggests the need for a pump station to be located at the southern corner of the site. Thiswill need to be considered when developing a site layout.

6.5.10 The drainage for sites R12, R13 and R14 will be required to discharge to a new pumpingstation at the South East corner of CF4 for conveyance to Moycroft via the existing formerdistillery pumping main and ultimately to the new treatment plant at Lossiemouth. Againsite topography suggests that one or more pumping stations and associated rising mainswill be required to serve these sites, the location of which will need to be considered


when developing the site layouts. Drainage from any part of these sites to existing sewersto the north is not an option and will not be permitted.

6.5.11 Alternative practices such as storage of roof water for garden use could be used toreduce the amount of surface water run-off generated.

6.5.12 The Council will discourage the culverting of any existing watercourses on site, due to theenvironmental impacts, and encourage undeveloped (natural) buffer tones adjacent to watercourses.

6.5.13 Developers are advised to conduct detailed discussions direct with NOSWA; SEPA; andthe Chief Roads Officer on all matters relating to water and drainage.

6.6 POLLUTION CONDITIONS (Policy L/ENV22)

6.6.1 Due to the previous usage of part of R13 Glassgreen as a refuse tip, the site may besubject to contamination and therefore an assessment would be required to be carriedout under the terms of the 'Contaminated Land (Scotland) Regulations 2000'. Shouldcontamination be identified, remediation would be required to the satisfaction of theMoray Council.

6.6.2 The developer will therefore be required to carry out an assessment of site conditions.The assessment should be a desk-top study which considers the history, scale and natureof industrial or other activities which may have contaminated the site. Also consideredshould be the nature and timing of any past re-development and the extent of anyremedial action.

6.6.3 In addition to looking at potential sources of contamination, the study should also look athow any contamination may have moved and the likely recipients or receptors of anycontamination; recipients being human beings, ecological systems, property or controlledwaters. Offsite sources and recipients may also have to be considered.

6.6.4 If the possibility of a 'source - pathway - receptor' linkage is identified during the desk-top study, further, intrusive, investigation may be required. This may includesoil/groundwater analyses and thereafter risk assessment and/or modelling to identifythe extent of possible exposure of receptors to contaminants.

6.6.5 Should investigations highlight exposure of receptors to contaminants, remediation of thesite may be necessary prior to any works being carried out. Thereafter, any remediationwould require to be validated and monitoring of the site may require to be continued fora period.

6.6.6 Applicants are advised to discuss requirements in some detail with the Council'sEnvironmental Health Section.


6.7 AFFORDABLE HOUSING (Policy L/H7)

6.7.1 On any sizeable site designated in the Local Plan (i.e. with a capacity of 10 or morehouses) developers may be required to provide an element of affordable housing, inaccordance with Policy L/H7. Developers must discuss proposals for the site with theChief Housing Officer to establish the appropriateness of the housing mix, in terms of unitsizes, which will be for affordable rent, low cost home ownership and possibly outrightsale. (see para 4.6 above for further details).

6.8 DEVELOPER CONTRIBUTIONS (Policy L/F1, L/F2)

6.8.1 A number of infrastructure, amenity and community facility requirements may benecessary as a result of proposals on site. Where these are known at the time of writingthe brief, they have been highlighted in the text above. However, other requirements mayalso emerge in direct consequence to specific proposals for the site.

6.8.2 The scale of this development will impact on road capacities, infrastructures andcommunity facilities. Some of these impacts can be met by works carried out onindividual sites as for example the creation of attenuation ponds for surface water.

6.8.3 However, as development proceeds, the cumulative impact of the number of houses, andof community use of the facilities being provided, will require that mitigation works arelikely to be needed on roads, infrastructures and facilities beyond the confines of the sitesand these works will require to be carried out by the developer in the form of anAgreement with the Council, if the development is to be allowed to proceed further.

6.8.4 These will be sought as "Developer Contributions", the full extent of which will bedetermined once a detailed planning application has been submitted, and the impact onthe community is fully established.

6.8.5 Matters which cannot be sought by conditions of planning permission, will be sought byagreement with the Planning Authority, and all must be carried out as part of thedevelopment in order to implement the consent.

7.0 PROCEDURE

7.0.1 Given the strategic planning considerations which this development land presents, it isimportant that planning applications put forward for the development, fully embrace thestrategic issues set out in this brief and enable the Council to address theinterrelationships between the sites and their combined impacts on the environment,transport network and community facilities infrastructure. For this reason the Councilwould prefer to receive a single planning application for the development or possibly twoapplications submitted concurrently. The Council will only approve applications forsegments of the sites if they fully address their position within the overall requirements ofthe development.


7.0.2 Various elements of these proposals may need to address elements of impact which areremote from the site, (e.g. a road improvement) which in itself may require planningpermission. Developers should ensure that all such off site works are anticipated and thatconcurrent planning applications are submitted for these at the same time as consent issought for the principal development site.

7.1 Planning Permission

7.1.1 An application for planning permission will be required. The application, including plansand drawings is necessary to describe the proposal, and any fee payable must besubmitted to The Moray Council, as planning authority.

7.1.2 The applicant must certify that all requisite Section 35 (notice to owners of land etc) (21days) and neighbour notification (14 days) procedures have been carried out.

7.1.3 Officials from the Department of Environmental Services will be pleased to meet withdevelopers to discuss aspects of the brief or to comment on draft proposals prior to theirsubmission as a planning application.

7.2 Structure and Local Plan

7.2.1 Proposals not considered to accord with any Structure Plan or Local Plan policy, will beadvertised for a period of 21 days. This may necessitate a ‘hearing’ to consider theproposal and any representations thereon prior to the determination of the application.

7.2.2 Where minded to grant planning permission the Council must notify the Scottish Ministersof certain types of development proposals under the Town and Country Planning(Notification of Applications) (Scotland) Direction 1997, as amended. This includesdevelopments which (a) is a significant departure from a Structure Plan (or Local Plan)approved by the Scottish Ministers; or (b) in which the Council, as planning authority, hasan interest (financial or ownership) and does not accord with an adopted or approvedLocal Plan or has been the subject of a substantial body of objection or (c) where thegranting of permission would be contrary to the advice of certain consultees includingSEPA (in terms of flood risk) and the trunk roads authority (in terms of trunk roads matters).Unless otherwise notified, the Scottish Ministers have 28 days (from receipt of the notifieddetails) to decide whether the application should be referred to them for determination.

7.3 Consideration

7.3.1 Any planning application will be determined on its merits, and in accordance with theprovisions of the development plan, unless material considerations indicate otherwise.Where appropriate to grant permission, planning conditions may be imposed and/or anagreement (for example under Section 75 of the 1997 Act) may be required to restrict orregulate the development and/or use of land. Any required agreement between theplanning authority and anyone with an interest in the land must be concluded prior to theissue of any planning permission.


8.0 DEVELOPMENT PLAN POLICIESThe policies from the Moray Structure Plan and the Moray Local Plan 2000 are set out below. For acomplete picture of the development plan policies the source documents should be consulted.

POLICIES: MORAY STRUCTURE PLAN Policy S/H1: Approach to Housing DevelopmentNew housing development will generally be directed to existing settlements and communities. It will require to be acceptablein terms of its impact on the natural and built environment, and on current or proposed infrastructure capacities.

Policy S/H2: Housing Land SupplyThe Plan seeks to provide a minimum 5 year effective housing land supply at all times in a range of locations across theCouncil area. It will take account of demand, infrastructure and environmental capacities and in so doing:-

i) The following housing allocations will be identified in the Local Plan in addition to the 1998 effective land supply to meetthe housing shortfall up to the end of 2005.

Elgin 700 housesForres 300 housesBuckie 100 housesLossiemouth *Keith 75 housesElsewhere 175 housesTOTAL 1350 houses

ii) The following housing shortfalls for the period 2006-2010 will be identified indicatively within the Local Plan for long termdevelopment. They will be reviewed by the next Structure Plan Review:-

Elgin 500Alves

* Urban regeneration opportunities will predominate

Policy S/H3: New Housing in Built-up AreasNew housing will generally be directed to the settlements. Housing fitted in to built-up areas must be acceptable in terms ofimpact on infrastructure, open space and community facilities, as well as its impact on the surrounding built environment.

New housing developments in built-up areas must take account of flood management issues (Policy S/ENV9), sustainableurban drainage systems and energy conservation principles.

In order to encourage new housing development in built-up areas, 'brownfield' development will not be constrained byStructure Plan allowances.

Policy S/H5: Affordable and Special Needs Housing The Council will seek to secure affordable and/or special needs housing within new housing developments by agreementwith private developers and housing agencies in areas of need identified by the Community Services Department.

Policy S/T1: Approach to TransportationThe approach to transportation is to enhance accessibility by improving transport links and services, and to promotesustainability by advancing traffic management, cycling and walking.

Policy S/ENV8: Sustainable Urban DrainageThe Council will promote the policy of Sustainable Urban Drainage (SUD), in consultation with SEPA and NOSWA by theincorporation of Best Management Practices (BMPs) acceptable to the Council and the regulating authorities.

Policy S/ENV 9: Flood ManagementThe Council will work closely with the Scottish Environmental Protection Agency and North of Scotland Water Authority inthe appraisal of areas liable to coastal or river flooding and will be guided by the precautionary principle. The Local Plan will:-

i) direct development considered of high risk to public safety away from vulnerable locations;ii) specify the criteria against which new development will be managed within areas of risk;iii) safeguard floodplains and low lying land in settlement plans from inappropriate development

and ensure, where possible, that they can flood naturally;iv) identify proposals for new flood protection schemes;v) embrace a preference for the use of soft engineering solutions to flood prevention where appropriate;vi) encourage the use of Best Management Practices in the management of run off water in all

new development;(vii) promote an integrated management approach to flood risk throughout the Moray area.

Policy S/CF1: Community Facility, Sport and Recreation ProvisionThe Council will seek a strategic approach to community facility, sport and recreation provision by:-

i) assessing needs (including social needs) and local demand (including latent demand);ii) promoting wider use of existing facilities in both public and private ownership;iii) promoting joint funding of new facilities, or improvements to existing;iv) providing new facilities and improving facilities as resources permit.

The Local Plan will identify community facility, sport and recreation sites for protection, enhancement and new provision.


Policy S/CF2: Recreational open space in built up AreasThe Council will generally presume against development which encroaches onto recreational and amenity ground in townsand villages.

Policy S/R2: Retail Development outwith Town CentresProposals for retail development at locations outwith town centres will not normally be permitted where there is analternative location for such development better located to the existing town centre. Proposals that can be justified in termsof their location must also be acceptable in terms of the criteria set down within the Local Plan.

Policy S/R3: Retail Impact AssessmentsProposals for new retail development which, due to their scale, nature or location, may lead to significant impacts on theexisting retail patterns will be required to submit retail assessments.

Policy S/F2: Developer ContributionsThe Council will seek to secure from developers, contributions which provide a community benefit commensurate with thepotential impact of their development on public facilities and amenities.

Policy S/IMP1: Development Siting, Layout and DesignNew development will require to be sensitively sited, designed and serviced. It should meet the following criteria:-

i) its, scale, density and character is appropriate to the surrounding area;ii) it can be successfully integrated into the surrounding landscape;iii) it meets wider transportation and local site energy efficiency objectives;iv) adequate infrastructure is available or could be made available in conjunction with

the development;v) consideration is given to the provision of infrastructure which meets sustainable urban drainage principles using

appropriate best management practices;vi) adequate social and community facilities are available or could be provided in conjunction with the development;vii) it does not adversely affect nature, urban or historic conservation resources;viii) it seeks to manage flood related issues;ix) pollution is avoided, including pollution of ground water.

Policy S/IMP2 Development Impact AssessmentsThe Council will require environmental or transport impact assessments to be prepared as part of the submission material forsignificant development proposals.

Proposal S/IMP3: PartnershipsThe Moray Council will work with public agencies and the private and voluntary sectors to secure the effectiveimplementation of the Structure Plan.

POLICIES: MORAY LOCAL PLAN 2000ENVIRONMENTPolicy L/ENV3: Woodland Management AgreementsThe Council will consider pursuing Management Agreements with landowners of woodlands:

i) at the entrance to towns and villages, orii) which enhance the setting of the built up area,

if such woodlands are threatened by, or vulnerable to, development.

Policy L/ENV5: Tree Preservation Orders and Controls on TreesThe Council will serve Tree Preservation Orders (TPO) on potentially vulnerable trees which are of significant amenity valueto the community as a whole.

Within Conservation Areas the Council will not normally agree to the felling or removal of trees and advice will be sought todetermine when there is a need to serve a TPO.

The Council may attach conditions on planning consents ensuring that existing trees and hedges are retained or replaced.An applicant may be required to survey and identify those trees to be protected within the development site.

When imposing planting or landscaping conditions on certain developments especially in rural areas, the Council will specifythe use of native species of trees and will prioritise the re-establishment and extension of hedgerows and/or shelter belts.

Policy L/ENV6: Windblow and ShelterbeltsThe Council will not normally agree to the removal of hedgerows and shelterbelts within areas susceptible to windblow, whendevelopment proposals are being considered. In order to counter the erosion of topsoil and to prevent the blockage of roadsby sand drift, the Council may consider the use of Tree Preservation Orders (TPO's) to prevent the removal of hedgerows andshelter belts in certain areas.


Policy L/ENV12: Archaeological SitesThe Council shall seek to protect and preserve, and where appropriate, enhance all important sites of archaeological interestand their settings. The Council will not permit development which will adversely effect significant Archaeological Sites andwhen determining applications on or near such sites, the Regional Archaeologist, and other relevant bodies (e.g. MoraySociety) will be consulted to establish a site's significance in national, regional and local terms.

Where, in exceptional circumstances, the preservation of archaeological features does not prove feasible, the Council shallrequire the excavation and the recording of a site where the primary aim of preservation has not been achieved.

Where new development is proposed which will effect national or regional important archaeological sites, developers will berequired to carry out an Archaeological assessment prior to commencement of works and fund subsequent intervention.

Policy L/ENV22: Pollution ConditionsWhere there is a risk of pollution from a proposed development, which is the subject of a planning application, the councilwill apply conditions to a consent, or enter into an agreement with a developer, to ensure a specified reduction or removal ofthe pollution element and will require subsequent independent monitoring of pollution levels.

Policy L/ENV24: Surface Water Drainage: Best Management PracticeIn consultation with SEPA, NOSWA and the Council's Road Service, Best Management Practices (BMP's) will be sought onall development sites as identified in the settlement plans and in all 'windfall' sites (i.e. redevelopments and undesignatedsites) accommodating in excess of 10 residential units or measuring in excess of 2,000 sq. m of non-residential developmentland.

Settlement statements and development briefs shall identify sites where an explicit surface water management plan requiresto be submitted and approved as part of the planning application.

Where BMPs are proposed applicants must specify provisions for long term maintenance to the satisfaction of the Counciland the regulating authorities.

Policy L/ENV25: River EngineeringThe Council will require proposals for river management works, other than for agricultural purposes, to state the nature ofthe work and assess the impacts upon the hydrology of the river, sediment transport and erosion, nature conservation andfisheries interests within and adjacent to the river and the impact upon landscape and amenity. Potential impacts up anddownstream of the works (particularly in respect of flooding) should be assessed. The Council will also have regard tomatters of economic development and social impact.

Policy L/ENV26: Control of Development in Flood Risk Areas

(i) High Risk ExclusionsThe Council (advised by SEPA, NOSWA and the Council's Roads Service) will direct developments considered of 'high risk'away from areas, known to be at risk from flooding and will presume to refuse applications for such proposals that fall withinsuch areas. Proposals will be considered a high risk if they fall within areas considered by the Council to be liable to floodingand;

a) represent an unacceptable threat to public safety, orb) are likely to cause unacceptable levels of pollution or contamination of flood waters if inundated, orc) may give rise to high levels of public expenditure on flood protection works.

Examples of developments considered as 'high risk' would include; hospital, medical and the emergency services; specialcare residential developments for the physically impaired or elderly; commercial developments that involve polluting orcontaminating processes such as sawmills, furniture restoration, unsecured chemical or fuel storage and distribution etc.

(ii) Managed Risk ProposalsThe Council will seek to manage the threat from flooding for developments not considered as 'high risk'. Within this approachthere is an acceptance of risk on the basis that developments must adopt appropriate mitigation measures and have thepotential to make a contribution to the improvement of flood water management within the area at risk. Applications will onlybe approved where they can demonstrate that the development;

a) has been designed to minimise risk of inundation and will not contribute to or increase the risk of flooding elsewhereb) has adopted all reasonable measures to improve the management of flood waters on and adjacent to the site and to

assist the protection of properties within the vicinity of the sitec) does not impede the flow of flood water or the ability of the floodplain to store water and to flood naturally and takes

account of the impact on riparian habitat and wetlandd) incorporates building design measures and materials to assist evacuation and minimise damage from inundatione) employs, where possible, the use of best management practices in the disposal of surface water run-off to the

satisfaction of SEPA and the Council, and provides for their maintenancef) can provide for the maintenance of any approved privately funded flood defence measures, to the satisfaction of the

Council (river engineering works associated with flood protection must also meet the requirements of policy L/ENV25)

The Council will be advised on the acceptability of risk/mitigation measures by its Planning, Roads and Building ControlServices together with SEPA and NOSWA on the basis of the precautionary principle as defined in NPPG7.

Applicants may be required to submit hydrological survey and assessment information in support of their proposals and maybe required to make a contribution to flood defences under the terms of policy L/F1.


HOUSINGPolicy L/H3: Servicing and Layout of new Housing Developments

(i) LayoutNew residential areas must be designed to accommodate provision for cycling and walkways. Road layouts should reflectconsiderations of road safety, avoiding long straight stretches, adopting curves and bends with unobstructed sightlines andwhere appropriate (i.e. adjacent to play areas, schools and public halls) raised surfaces should be introduced to reduce trafficspeed. Emergency vehicle access must be provided, and if public transport is to service the site, roads must be designedaccordingly. In general, houses in new housing developments which require to be served by new or improved made-up publicroads should not be occupied until the road is completed to a standard which satisfies the Council. Proposals must also complywith policies L/T4 (Road Access), L/T7 (Parking Standards), L/T9 (Mitigation) and L/T10 (Cycling) in Chapter 4.

(ii) DrainageNew housing developments must comply with the requirements of NOSWA and SEPA for connection to the public seweragesystems and the standards of disposal of waste water (see policy L/ENV24 Surface Water Drainage: Best ManagementPractice in Chapter 2).

(iii) LandscapingNew housing developments must provide landscaping in accordance with the site description to provide screening,enclosure, shelter, and acoustic barriers and to enhance the overall visual/environmental impact of the development. Detailsof maintenance arrangements will be required - see policy L/IMP4 'Maintenance of Landscaped and Amenity Areas' inChapter 8.

(iv) Recreational Space and Community ProvisionHousing developments which impact upon the capacities of existing community facilities such as children's play areas,recreational space, or other community services provided by the authority may be subject to Policies L/F1 (DeveloperContributions) or L/F2 (Commuted Payments) in order to redress any negative impacts by upgrading existing facilities orthrough the provision of additional facilities. Recreational space (with equipped children's play areas if necessary) will berequired to serve new developments of family sized houses. Guidelines for the provision of recreational space for all types ofhousing will be prepared by the Council. Redevelopment proposals for existing facilities will be guided by Policy L/CF3.

(v) Energy ConservationPlanning applications and development briefs for developments of 10 or more houses must include a statement on the energyconservation techniques to be incorporated in the layout and design of houses.

Policy L/H7: Affordable Housing ProvisionProposals submitted for housing (on designated or undesignated sites) which are above the threshold for consideration ofdeveloper contributions as described in Policy L/F1, will be assessed for an 'affordable housing' element. The proportion ofa site which the Council will expect to be used to satisfy local affordable housing needs will be commensurate with the sitesize and the specific extent and nature of the local needs for affordable housing.

The Council will endeavour to provide affordable housing so that the benefits are passed on to serve the community in futureyears. The range of mechanisms under which this will be achieved may include but not be limited to:-

i) that part of the site or development proposed for affordable housing use being transferred to the Council, Scottish Homesor a similar management body;

ii) through the use of planning agreements and conditions; andiii) a partnership, joint venture and or other innovative arrangement between developers and the

Housing Authority.

The Council's, Community Services Department, is to produce detailed guidance on the implementation of these mechanisms.

Policy L/H8: Special Needs HousingSites which are particularly convenient to appropriate community facilities, will be promoted for special needs housing.Permission for general needs housing will only be granted on such sites following assessment for specialist needs byCommunity Services and Scottish Homes. Elsewhere specialist housing uses (for the disabled, elderly, single persons etc.)will generally be acceptable on designated sites, where a mix of tenure will often be encouraged.

TRANSPORTPOLICY L/T4: PROVISION OF ROAD ACCESS

The Council will require that a suitable and safe access from the public highway is provided.

(i) Design of Road AccessSince the formation of a new access by unmade track or surfaced private road (particularly in rural areas) can often resultin a scar on the landscape ( e.g. if it dissects an agricultural field, involves extensive tree felling or traverses a hillside), thenunless a proposed new access is carefully designed within the landscape the proposal will be unacceptable.

(ii) Road Access StandardsWhere access to the site is by unmade/private track the Council may require it to be surfaced to a specified standard. If theaccess is of significant length and may serve more than one development site, some widening and the provision of passingplaces may additionally be imposed as a condition of any consent.


(iii) Unmade Private TracksWhere a site takes access from an existing unmade private track which is outwith the ownership of the applicant and isconsidered to be of such a poor standard as to be unsuitable for additional vehicular traffic, the Council may consider theproposal unacceptable, unless the applicant can either:-

a) secure ownership of the track to allow for improvements to be made to the satisfaction of the Council, orb) demonstrate that an appropriate agreement has been concluded with the existing owner to allow for improvements to

be made to the satisfaction of the Council.

(iv) Phasing of Road ImprovementsWhere a new access roadway is to be provided the Council may require the road to be made up to a specified standardbefore work on the new property commences.

Policy L/T7: Parking StandardsProposals for different forms of development must comply with the Council's 'Car Parking Standards' (available from theCouncil's Roads Service). Where development (including housing) within the defined town centre cannot reasonably supplyparking on site, (or where it is appropriate not to include parking) the developer will require to comply with the Council’ssystem for ‘commuted payments’ for parking. Housing development in town centres which not need provide residentialparking on site, must make provision for vehicular access for deliveries and emergencies.

In housing developments of over 30 houses, provision must be made for communal off-street parking, in addition to in-curtilage in order to permit the parking of large commercial vehicles away from road frontages.

L/T8: Public Transport OperationsDevelopment that could prejudice the operation of bus and rail services, and associated facilities, will not generally bepermitted. Bus terminals and railway stations are protected by designations (TSP) in the relevant Town Statements.

L/T9: Traffic Impact MitigationWhere a traffic assessment identifies necessary off-site improvements for the development to be able to proceed thedeveloper will be expected to fund them by entering into a formal agreement with the Council. In addition to normaldevelopments this will also apply to situations such as the need to upgrade off-site infrastructure related to forestry plantingor harvesting.

Policy L/T10: Cycle Tracks and FootpathsAs part of the implementation of the Cycling Strategy and the Aberdeen to Inverness National Cycle Route, new developmenton designated and windfall sites will require to provide cycle tracks and footpath connection to the existing network; thesemay be required as part of a developer contribution (Policy L/F1) if outwith an application site.

COMMUNITY FACILITIESPolicy L/CF1: Designation of Community FacilitiesTown and Village Statements will identify where local facilities are under provided, or in need of upgrading to meet thedemands of that community. Sites designated for community facilities in Proposals Maps will be presumed to be protectedfrom redevelopment unless replacement is included in the development proposal

Policy L/CF2: Replacement of Community FacilitiesThe Council will presume against development which removes an existing community facility unless it is in need ofreplacement, or an alternative provision is being made as part of the development proposal.

Policy L/CF3: Recreation in Built-up AreasScottish Sports Council (SSC) standards for sports fields and playing fields will be applied to local provision and there will bea general presumption against redevelopment of these and parks except in the following circumstances:-

i) where such would not affect sporting potential and amenity value;ii) where there is a clearly identified long term excess of facilities in the wider area, taking into account long term strategy,

and the recreational and amenity value of such provision;where existing facilities will be replaced by new ones of an equivalent or better quality, which are more accessible tothe community that was served by the original (see also policy L/H3).

FUNDINGPolicy L/F1: Developer ContributionsWhere a development proposal is considered to have a measurable and potentially negative impact on theinfrastructure, community facilities or amenities related to that development, the Council will seek an agreement withthe developer that he redress the elements of impact by funding the provision of, or contributing towards, suchmitigating works as are reasonably necessary to enable the development to proceed.

If this cannot be achieved by conditions of consent, then agreements must be concluded before a consent is granted.

Policy L/F2: Commuted PaymentsWhere the Council has planned proposals to provide facilities related to, and in the neighbourhood of a proposeddevelopment, contributions by a developer justified under the terms of Policy L/F1 may be made in the form of a commutedpayment to a Bond set up for that purpose.

Policy L/F3: Local Plan DesignationsWhere feasible, the Council will alert developers to the likelihood and scale of developer contributions related to thedevelopment designations contained in the Local Plan Proposals Maps.


RETAILINGPolicy L/R6: Retailing Outwith Defined Town CentresFavourable consideration will be given to retailing proposals outwith the four defined town centres if they accord with theterms of Policies L/R7 and L/R8 for neighbourhood or ancillary retailing. There is a presumption against approval of other out-of-centre developments unless the developer can demonstrate either that the proposal would only comply with the Moray2000 development plan retailing strategy, including provisions with individual town plans, or justify a departure from them.That demonstration will have to include consideration of alternative sites within and closer to the defined town centres, andthe likely effect on their viability and vitality. In so doing, developers will be particularly, but not exclusively, required to giveconsideration to the following:-

i) the demand for additional retail provision and the likely impact upon the existing types of retailing in the town centre orcentres likely to be affected. The Council will seek a formal Retail Impact Assessment where there is likely to be anadverse impact.

ii) the potential scale of net employment opportunities associated with the proposed development.iii) the environmental consequences of development - including the potential loss of natural and amenity land, and the ability

of the identified site to absorb the proposed scale and design of building. Significant retail development proposals willbe expected to contribute positively in design terms to the surrounding environment.

iv) the feasibility, costs and payment for linking development to the existing infrastructure network including road access,sewerage links, water run-off and best management practices.

v) the accessibility of the site and its ability to be linked with the principal transport routes and public transport services.The development should contribute positively towards access for pedestrians, cyclists and the disabled.

L/R7: Neighbourhood Shops

New shops, up to 300m2

of net retail floorspace or extensions of less than 50% to an existing shop, which are intendedprimarily to serve a neighbourhood need within the town, will generally be acceptable outwith the central area.

IMPLEMENTATIONPolicy L/IMP1: Development in Built-up AreasIn areas covered by this policy, (i.e. all land within settlement boundaries and rural communities), the Council will, inconsidering applications for planning permission, try to ensure that proposals for development do not harm the generalcharacter of the surrounding area. Applications will therefore take account of the main uses of land and buildings in thevicinity, the mix of such uses and the architectural quality of the area. The main concern of the Council is to ensure thatdevelopment proposals should neither conflict with nor detract from the character, amenity and design of an area. This policywill not preclude appropriate new development and is not intended solely to maintain the status quo.

In interpreting and clarifying this policy, the Council will take into account the guidelines on Character, Amenity and Design.

Policy L/IMP3: New Building Design(i) Design PrinciplesAll building development must be designed to respond adequately to the locality. Applications must meet the followingrequirements:-

a) appropriate location in landscape or townscape b) careful placement on a site, particularly in relation to character, amenity and energy conservationc) appropriate size and form in relation to existing buildings, sky line and landformd) appropriate density, layout and orientation in relation to character, amenity, privacy of neighbouring properties and

energy conservatione) sensitive use of materials and colours in relation to existing setting and environmental impact

Standardised solutions to building design are not encouraged and will not be acceptable unless existing context (the designand character of the existing surroundings) suggests otherwise. Design solutions which seriously compromise the amenityand character of the area will not be permitted.

Highly innovative, experimental solutions will be encouraged but may not be suitable in every situation. In certaincircumstances, the Council may request written design statements explaining various aspects of design solution e.g.explaining why a particular approach has been taken, and expect applications to show new buildings in their widerrelationship with surrounding properties and the site (plans and elevations/perspective/ photomontages showing adjacentbuildings, trees, landform etc).

(ii) Design BriefsFor sites where development may have significant local impact,, the Council will produce detailed Design Briefs which willprovide an analysis of context and existing character and state important design principles, major factors affecting theDevelopment and other material considerations.

(iii) High Profile/Landmark SitesWhere a building is either high profile or will have high impact within the townscape or open countryside, i.e. along the Aclass road network and high street frontages, within defined town centres, and at major visitor attractions and prominentrural locations, The Council will expect high quality solutions and may consult with bodies such as The Royal Fine ArtsCommission, the RIAS, the Scottish Civic Trust, Historic Scotland and the APRS, to assist with the assessment of the designimpact.


On sites considered to be high profile, the Council will encourage applicants and landowners to sponsor design competitionsprior to the submission of a planning application under the rules and procedures as advised by the RIAS Competitions Unit.

(iv) MaterialsThe Council will particularly encourage the use of materials which are sustainable. The use of salvaged or recycled materialis encouraged in most circumstances subject to local situation and there is a strong expectation that traditional materials willbe used on heritage structures. The Council will discourage the over use of high energy materials (i.e. those which requirehigh energy levels to make and dispose) where alternatives can be used and is also concerned about the potential long termaffects of using Tropical Hardwoods, from non-managed sources.

Policy L/IMP4: Maintenance of Landscaped and Amenity AreasApplicants must demonstrate that satisfactory arrangements have been made to secure the maintenance of all landscapedand amenity space in perpetuity. Such arrangements must be put in place prior to any planning consent being issued. Thesearrangements shall be to the satisfaction of the Council and limited to:-

i) a Section 75 Agreement (under the terms of the Town & Country Planning (Scotland) Act 1997) with a Bond in perpetuity,or

ii) an Agreement leading to adoption by the Council (normally involving a capital sum equal to 1 year's maintenance x 20with transfer of title), or

iii) an Agreement to transfer title and responsibility for the provision and maintenance of the amenity and landscapedspaces to a maintenance company such as the Scottish Greenbelt Company or such other similar company constitutedto secure maintenance in perpetuity, as is acceptable to the Council.

Policy L/IMP5: Environmental AssessmentThe Council will require an Environmental Impact Assessment to be prepared for developments proposed within or adjacentto national and international designations of natural heritage (see L/ENV1), and for other major proposals identified by theRegulations (or by the revised Directive) which are likely to adversely affect the environment.

Policy L/IMP6: Transport ImpactDevelopers shall provide transport impact assessments for developments which may have a significant impact on trafficflows, pedestrians and cyclists and contributions shall be sought towards any mitigating transport measures shown to benecessary. All proposals must meet the requirements of policies L/T4 (Access), L/T7 (Parking), L/T9 (Mitigation) and L/T10(Cycling) in Chapter 4 if relevant.

Policy L/IMP7: Drainage ImpactNew development must connect to a public sewer for the disposal of foul drainage if one is available within a Town, Villageor Rural Community. If it is not available alternative forms of treatment may be considered and must meet with the approvalof NOSWA and SEPA. The Council will promote the employment of Best Management Practices (SUDS) in the disposal ofsurface water run-off, and unless otherwise advised by SEPA, will operate a presumption against the disposal of surfacewater directly to a watercourse. Proposals must meet the requirements of policies L/ENV21 (Private Waste Water Treatmentand Drainage), L/ENV22 (Pollution Conditions), L/ENV23 (Private Water Supplies), L/ENV24 (Surface Water Drainage) andL/ENV26 (Control of Development in Flood Risk Areas) in Chapter 2, if relevant.

Policy L/IMP8: Departures From The Local PlanDepartures from the local plan will be managed in accordance with advice as laid down in Planning Advice Note 41:Development Plan Departures (The Scottish Executive), proposals which involve substantive or significant policy changes orwhich are judged to involve major social, environmental or economic impacts, will be the subject of formal alterationprocedures to amend the local plan. Such procedures will allow for a structural community participation input and mayinclude a Public Local Enquiry.


Impact Assessments

1. Environmental Impact Assessment covering all Masterplan sites ❒

2. Transport Assessment covering all Masterplan sites ❒

3. Surface water Management Plan (Flood Study)covering all Masterplan sites ❒

Community Facility Impacts

4. Provision to upgrade Nursery facilities at New Elgin Primary ❒

5. Provision for review of school capacity thresholds ❒

6. Provision to address impacts on New Elgin Community Hall ❒

7. Provision of Neighbourhood facilities at CF4Health and Medical ❒Post Office and Chemist ❒Retail ❒Leisure ❒Community/Religious ❒Office/teleworking facilities ❒Other: ❒

8. Provision of Sports facilities on CF42 soccer pitches ❒Pavilion and parking ❒Training area ❒

9. Provision of Parkland on CF4 ❒10. Provision of Parkland on CF3 ❒11. Affordable Housing provision

negotiated for individual phases ❒

Landscaping and Environment

12. Provision of ENV6 landscaped verges on A96 ❒

13. Provision of ENV7 – comprehensive landscape plan for all masterplan sitesincluding A941 frontage planting ❒

14. Maintenance provision for all landscaped areas ❒

Design and Layout

15. Planning for Crime Prevention incorporated (PAN46) ❒

16. Statement on Energy Conservation submitted ❒

Recreation Facilities

17. Equipped play facilities provided (see para 6.3.2) - Central Facilities ❒- Dispersed facilities ❒

Infrastructure Provision

18. Waste Water and Water Supply issues agreed with NOSWA ❒

19. Hydro/Telecoms issues agreed with providers ❒

20. Railtrack consulted on all matters relating tothe railway line. ❒

The following items have not been addressed for the reasons given:Item No Reason

MASTERPLAN REQUIREMENTS: CHECKLISTThis section should be detached from the Masterplan and submitted along within planning applications.The purpose of the checklist is to assist the developer to comply with the requirements of the Masterplan;and to supply the information requested, to enable a proper assessment of the proposal.Where any of these requirements have not been addressed, a statement of explanation and justificationshould be provided.Strategic Requirements ✔ for yes ✘ for no

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