ANGUS LOCAL PLAN REVIEW FINALISED PLAN - Angus Council
ANGUS LOCAL PLAN REVIEW FINALISED PLAN - Angus Council ANGUS LOCAL PLAN REVIEW FINALISED PLAN - Angus Council
5.6 A key consideration will be to secure sufficient resources from boththe public and private sectors to ensure service and infrastructureprovision. This includes encouraging the private sector to contributetowards the removal of infrastructure constraints in accordance with theDevelopment Strategy through appropriate planning agreements takingaccount of opportunities for delivering planning gain.5.7 New development has an important role in funding measures tomitigate any adverse impacts in a way that is consistent with the deliveryof wider planning and environmental objectives. Indeed, in Angus, aselsewhere in Scotland, the bulk of the funding for infrastructure andfacilities arising from major new greenfield housing developments willprobably have to come from contributions by developers.5.8 Circular 12/1996 advises that development plans should giveguidance on the particular circumstances in which planning authoritieswill seek to use Section 75 Planning Agreements. Developercontributions will be sought where the impacts of a scheme warrantthem. Such contributions should be designed to avoid a significantnegative impact as a result of the development, and to ensure a highquality and properly serviced development. Contributions may beappropriate both on-site and off-site, depending on the nature of theprospective impact. In appropriate cases, Angus Council may take thejoint impact of several related schemes into account. The provision ofcontributions will not make a fundamentally inappropriate schemeacceptable in planning terms. They are designed to apply to caseswhere there is a significant impact that is capable of mitigation toproduce an acceptable scheme.Circular 12/1996: The Townand Country Planning(Scotland) Act 1972Policy Imp1 : Developer ContributionsDeveloper contributions will be required in appropriatecircumstances towards the cost of public services, communityfacilities and infrastructure and the mitigation of adverseenvironmental impacts that would not have been necessary but forthe development. Such contributions will be consistent with thescale and effect of the development and may relate to both on-siteand off-site items that are required to produce an acceptabledevelopment in the public interest.Enforcement of Planning Control5.9 In order to assist a structured and proactive approach and providethe general public, developers and applicants for planning permissionwith further information, advice and guidance Angus Council haveprepared a Code of Practice for Enforcement of Planning Control.Effective enforcement is an essential element underpinning the planningsystem, complementing and supporting the development planningprocess. Under the Town and Country Planning (Scotland) legislation arange of planning enforcement powers are available to ensure thatdevelopment is not carried out in breach of planning control or againstthe public interest. In assessing the need for planning enforcementaction, one of the key issues to be determined by Angus Council iswhether the breach of control would unacceptably affect public amenityor any existing use of land and/or buildings. The policies and proposalsof the Local Plan provide broad guidance on what may or may not beAngus Local Plan Review286Finalised Plan
acceptable and will form one of the main considerations taken intoaccount by the Council.5.10 The level and nature of enforcement action will be in scale with thebreach of planning control to which it relates. As outlined in theEnforcement Charter the initial approach of Angus Council will generallybe to seek a voluntary solution to the situation through negotiation withthe owner or occupier of the site or through the submission of a planningapplication. However, where negotiation fails and the circumstanceswarrant, a more proactive enforcement response may be needed. Theweight of enforcement action will be dependent on the severity of thebreach and whether public safety and/or health are endangered. Areas ofparticular sensitivity include town centres, heritage designationsparticularly conservation areas and listed buildings, residential propertyand areas of landscape importance.5.11 Where enforcement action is instigated, a right of appeal may existto Scottish Ministers, which would be determined by an independentassessor from the Scottish Office Inquiry Reporters’ Unit. It shouldhowever be noted there is no right of appeal for third parties and in thisrespect Angus Council are charged with looking after their interests andthose of the wider community.Policy Imp2 : Enforcement of Planning ControlWhere there has been a breach of planning control, Angus Councilwill take enforcement action where it is considered necessary toremedy the breach including where it will secure compliance withthe policies of this Local Plan.Angus Local Plan Review287Finalised Plan
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5.6 A key consideration will be to secure sufficient resources from boththe public and private sectors to ensure service and infrastructureprovision. This includes encouraging the private sector to contributetowards the removal of infrastructure constraints in accordance with theDevelopment Strategy through appropriate planning agreements takingaccount of opportunities for delivering planning gain.5.7 New development has an important role in funding measures tomitigate any adverse impacts in a way that is consistent with the deliveryof wider planning and environmental objectives. Indeed, in <strong>Angus</strong>, aselsewhere in Scotland, the bulk of the funding for infrastructure andfacilities arising from major new greenfield housing developments willprobably have to come from contributions by developers.5.8 Circular 12/1996 advises that development plans should giveguidance on the particular circumstances in which planning authoritieswill seek to use Section 75 Planning Agreements. Developercontributions will be sought where the impacts of a scheme warrantthem. Such contributions should be designed to avoid a significantnegative impact as a result of the development, and to ensure a highquality and properly serviced development. Contributions may beappropriate both on-site and off-site, depending on the nature of theprospective impact. In appropriate cases, <strong>Angus</strong> <strong>Council</strong> may take thejoint impact of several related schemes into account. The provision ofcontributions will not make a fundamentally inappropriate schemeacceptable in planning terms. They are designed to apply to caseswhere there is a significant impact that is capable of mitigation toproduce an acceptable scheme.Circular 12/1996: The Townand Country Planning(Scotland) Act 1972Policy Imp1 : Developer ContributionsDeveloper contributions will be required in appropriatecircumstances towards the cost of public services, communityfacilities and infrastructure and the mitigation of adverseenvironmental impacts that would not have been necessary but forthe development. Such contributions will be consistent with thescale and effect of the development and may relate to both on-siteand off-site items that are required to produce an acceptabledevelopment in the public interest.Enforcement of Planning Control5.9 In order to assist a structured and proactive approach and providethe general public, developers and applicants for planning permissionwith further information, advice and guidance <strong>Angus</strong> <strong>Council</strong> haveprepared a Code of Practice for Enforcement of Planning Control.Effective enforcement is an essential element underpinning the planningsystem, complementing and supporting the development planningprocess. Under the Town and Country Planning (Scotland) legislation arange of planning enforcement powers are available to ensure thatdevelopment is not carried out in breach of planning control or againstthe public interest. In assessing the need for planning enforcementaction, one of the key issues to be determined by <strong>Angus</strong> <strong>Council</strong> iswhether the breach of control would unacceptably affect public amenityor any existing use of land and/or buildings. The policies and proposalsof the Local Plan provide broad guidance on what may or may not be<strong>Angus</strong> Local Plan Review286Finalised Plan