Planning - policies

 

SPG PLANNING POLICIES

These are Supplementary Planning Guidance (SPG) documents the council has produced to help our customers produce developments to accord with our best practice and policy guidance.

DEVELOPER CONTRIBUTION POLICIES

West Lothian Council has put in place supplementary planning guidance (SPG) to support the implementation of the Finalised West Lothian Local Plan 2005. The SPG provide guidance on developer contribution requirements and/or identify principles that will be adopted by the council in working up strategies for the provision of new infrastructure and/or facilities. SPG will be a material consideration in the determination of planning applications. The SPG will be kept under review by the council. Further SPG will be prepared in due course.

A summary of each developer contribution policy is described below, but you will find a more detailed guidance on each of these policies in the downloadable documents section on this page.

Summary of developer contribution policies

Affordable housing

This SPG, approved in June 2006, applies to all residential development of 5 or more houses or flats. The policy requires serviced land for affordable housing (15% of the capacity of the site) to be transferred for affordable housing provision. In the case of sites of less than 20 units, 15% of the value of the site for housing must be provided to the council in the form of commuted sums In both cases affordable housing provision will require to be provided through a section 69 or 75 legal agreement.

Developers of residential development sites will be required to transfer land capable of delivering 15% of the total site capacity in housing units as affordable housing to the local authority, a registered social landlord or social housing provider who is nominated, or otherwise agreed, by the council. The land will be transferred at a value that minimises any impact on the availability of funding for the provision of affordable housing. All land transferred should benefit from an appropriate planning permission and should be free of any infrastructure burdens which would apply to dwellings subsequently constructed on the site. The developer will be required, where necessary, to work with the RSL, or social housing provider, to minimise any funding gap in the provision of the affordable housing element of the development.  

In addition to the 15% contribution for socially rented housing, developments within structure plan core development areas will be expected to make an additional affordable housing contribution equating to a minimum of 10% fully complete affordable houses. These units can be entry level houses for sale by the developer (housing without subsidy), shared equity houses or any other form of provision conforming to the categories of affordable housing identified in Planning Advice Note 74 ? Affordable Housing.

Denominational secondary school

This SPG was approved by the council in May 2005. It applies to all residential developments of 5 units or more throughout West Lothian in order to provide contributions for a new denominational secondary school which will be located in Winchburgh. The SPG sets out developer contribution levels for houses and flats. The contributions levels are £1767 per house and £1015 per flat with indexation from the first quarter 2005 RICS tender price index being required in both cases.

Replacement Armadale Academy

This SPG was approved in December 2005. It applies to all housing developments of 5 units or more within the catchment area of Armadale Academy. The SPG sets out developer contribution levels for houses and flats to be built within the catchment area. A contribution of £1653 per house and £620 per flat is required from developers within the catchment area. These contribution levels will require to be Index linked to the Retail Price Index from the first quarter 2005. The funds collected will be used to help fund the replacement of Armadale

Denominational primary schools

This SPG was approved by the council in June 2006. It applies to all residential developments within the catchment areas of St Nicholas Primary School (Broxburn), St Paul's Primary School (East Calder) and Holy Family Primary School (Winchburgh). Developer contributions levels, if necessary, will be assessed on a case by case basis.

School commissioning costs

This updated SPG was approved in January 2008. It sets out developer contribution requirements for the commissioning costs associated with new schools and school extensions. Contributions are limited to those necessary to deliver a turn-key project and make the school building/campus operational.

A71 Corridor Study - bus priority measures

This SPG, approved in June 2006, applies only to developers at Calderwood and West Livingston/Mossend Core Development Areas as identified in the Finalised West Lothian Local Plan 2005. The contributions required are towards infrastructure on the A71 to implement bus priority measures identified in the A71 corridor study.

Co-location principles

This SPG was approved in June 2006. This document sets out the principles which will be adopted in working up a co-location strategy for the provision of new community and cultural facilities in the Core Development Areas identified in the Finalised West Lothian Local Plan 2005. Three models of provision are identified - (1) partnership centre model, (2) primary school model, (3) secondary school model.

A801 dualling

This SPG, approved in June 2006, requires developers, where applicable, in the area defined on the plan in the guidance to make contributions to be identified through Traffic Impact Assessment (TIA) or Transport Statement (TS), for the upgrading of the A801 between junction 4 of the M8 motorway to the Pottishaw roundabout. Developments which do not require a TIA or TS are exempt.

Travel plan co-ordinator

This SPG, originally approved in June 2006, has undergone consultation and changes to it were approved by the council Executive in December 2007. It applies to residential development and class 4 (business), class 5 (general industrial) or class 6 (storage and distribution) developments throughout West Lothian. Furthermore developers must also provide a Travel Information Pack to be provided to each homeowner for all residential development.

Contributions to public art

This SPG was approved in June 2006 and updated in November 2006. Developers of larger housing and retail schemes, and certain other significant developments are required to provide public art initiatives, or funding towards such schemes, as part of their development in order to enhance the new environments being created.

This SPG applies to residential developments of 10 or more units and retail and certain other developments. The rates of contribution are based upon the following criterion:- For a residential development of 10 - 49 units = £150 per unit is required. For more than 50 units = £250 per unit is required. For retail floor space with a floor area of 500 - 1499sqm, £5 per sqm gross is required (with a maximum contribution of £4995). For retail floor space with a floor area of 1500 - 4999sqm, £10 per sqm gross is required. Where the retail floor area is 5000sqm or more, £15 per sqm gross is required. The SPG also contains examples of where on site provision by the developer will be preferred e.g within a Core Development Area (CDA) identified in the Finalised West Lothian Local Plan 2005.

Town centre improvements

The updated SPG was approved in June 2007. Contributions are required from developers who are building new residential areas planned for Armadale, Livingston and Almond Valley and Winchburgh/East Broxburn/Uphall. The contributions will help create additional facilities and improve the appearance of existing town and village centres close to where the major housing growth is taking place.

This SPG applies to any development within the areas identified as "Core Development Areas" (CDA's) in the Finalised West Lothian Local Plan 2005. Developers have a choice of implementing an agreed programme of works or making a financial contribution to the council. £250 per unit is identified as a guideline.

Cemetery provision

This SPG was approved in June 2006. Developers are required to make contributions towards new cemetery provision in West Lothian. However, as a result of objections to the policy in the Finalised West Lothian Local Plan 2005, this requirement is not being implemented until the council has taken a decision on the reporter's recommendations following the local plan inquiry: it is anticipated a fee of £35 will be required per residentail unit.

Professional services

This guidance was approved in May 2006 and seeks contributions from developers to recover the costs for professional services undertaken by the council on major projects. It is anticipated that significant resources will be required to fund the full range of services within the council to support the implementation of the development plan. Contribution levels will be worked out on a case by case basis given the need to relate any contribution in scale and kind to the proposed development.

OTHER SUPPLEMENTARY PLANNING GUIDANCE

West Lothian flood risk and drainage

This guidance was adopted by the council in April 2008. It sets out the requirements for the preparation and submission of Drainage Assessments and Flood Risk Assessments that will be required to accompany planning application submissions as well as referring to requirements for Sustainable Urban Drainage Systems (SUDs) within the West Lothian Council area including the requirements of SW, SEPA and SNH.

Health impact assessments

This guidance was adopted by the council in August 2008 on the requirement to prepare Health Impact Assessments to support development plans and planning applications. HIAs are designed to check whether a proposal might reinforce health inequalities, or inadvertently damage people's health and well being in its widest sense. The supplementary planning guidance will improve the way that health impact of new new development is assessed. In particular, it will provide a good basis for developers to understand what will be required from them within West Lothian in regard to the submission of Health Impact Assessments and when such an assessment is likely to be required to be submitted.

New development in the countryside

This updated SPG was approved in May 2008. It updates, supplements and brings together in one place a ?themed? collection of individual SPG?s and is specifically intended to amplify and consolidate the development plan policies  relative to new development in the countryside of West Lothian.
It also provides particularly strong design guidance with the aim of improving the design and quality of all new development in rural areas.

The lowland crofting handbook

This supercedes a previous publication of the same name which was originally produced by the former West Lothian District Council in the early 1990?s. As the title suggests, it focuses quite specifically on  ?lowland crofting?, an initiative desgned with the purpose of  improving bleak and desolate landscapes, bolstering natural heritage, reviving the rural economy and harnessing the demand for rural living in a defined area west of Bathgate and Livingston.

The Handbook divides conveniently into three parts, each designed with a particular audience in mind, i.e, farmers and landowners, architects, designers and land agents and prospective crofters / householders.

Single plot and small scale infill residential development in urban areas

This SPG was approved in May 2008. It supercedes previous guidance entitled ?How to avoid town cramming?, and is specifically related to single plot and small-scale infill residential development in urban areas not exceeding 10 units.

It is intended to amplify policies HOU2 and HOU 4 of the Finalised West Lothian Local Plan 2005 which support infill development, subject to specific provisos.

The guidance seeks to ensure a consistent application of the policy and contains practical information for anyone contemplating these types of development. It is regarded as being central to ensuring that only appropriate development is permitted.

Downloadable documents

Contact details

  • Tel: 01506 775231