Modifications and intention to adopt the LDP 'Proposed Plan'
The West Lothian Local Development Proposed Plan was submitted to Scottish Ministers for examination on 28 October 2016 together with a request that Ministers appoint a person to examine the unresolved representations made in respect of the Proposed Plan.
On 13 December 2017 the DPEA advised that the reporters appointed by Scottish Ministers to examine the unresolved representations to the West Lothian Local Development Plan had published the Report of Examination. This outlines the Reporters' conclusions and recommendations for each of the issues arising from the unresolved representations.
Shortly after the publication of the Report of Examination it was brought to the attention of the DPEA that one of the Schedules, Issue 4U, relating to a proposed housing allocation at Sibbald's Brae, Bathgate had been inadvertently omitted by the council when submitting the Plan for examination. The DPEA requested that this was made available to it and confirmed that arrangements would be made for the Reporters to examine it and submit a separate report to the council, dealing solely with that issue. This additional report was received by the council on 8 January 2018 and served to confirm that after consideration the Sibbald's Brae site had not been allocated for housing by the Reporters, an outcome which maintained the position of the Proposed Plan and which meant that no modification was proposed by the Reporters to the LDP.
The council considered what changes to make to the Proposed Plan in the light of the Report(s) of Examination and agreed procedural arrangements for adopting the West Lothian Local Development Plan. Meetings of the Development & Transport Planning and Development Scrutiny Panel and the Council Executive took place on 21 and 22 March 2018 respectively and the plan was approved.
NB: The DPEA alerted the council to erroneous tables on pages 72 and 87 of the Examination Report. These were corrected and substituted versions can be found by.
The council has a statutory requirement to undertake Strategic Environmental Assessment (SEA) on LDPs under the Environmental Assessment (Scotland) Act 2005. SEA was initially undertaken when preparing the LDP Proposed Plan and was subsequently updated to take account of the Reporters' recommended modifications.
The updated SEA concluded that the modifications proposed to the plan could be implemented with no significant environmental effects and a Screening Determination was made on 03 April 2018 to this effect and was submitted to the three Consultation Authorities (Historic Environment Scotland (HES), Scottish Environment Protection Agency (SEPA) and Scottish Natural Heritage (SNH) via Scottish Government's SEA Gateway.
A second Screening Determination was made on 18 October 2018 with regard to a modification made to the LDP by Scottish Ministers - the addition of Policy NRG 1a relating to Low and Zero Carbon Generating Technology.
In accordance with section 10(2) of the 2005 Act, a copy of the determinations and the reasons for these determination can be viewed here. Copies of documents can be requested by emailing email@example.com.
(1) SEA Screening Determination : Modifications by the DPEA Reporter
(2) SEA Screening Determination : Modification by Scottish Ministers