Response 217435603

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Questions 1-2: Wall Mounted EV Chargers

Q1. Do you agree with the removal of restrictions on Class 9E PDR, for wall-mounted EV charging outlets, in the specified areas currently listed in Class 9E(3)?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Please explain your answer
Agree with all, other than in Conservation Areas and World Heritage Sites where the urban fabric is key to the character and appearance of these areas. The introduction of more uncontrolled street furniture such as EV charging equipment will lead to visual clutter and could be significantly detrimental to the character of these sensitive areas.
Use of Article 4 legislation is less clear for the user and leads to different standards in each local authority.

Q2. Should the conditions regarding nameplates be withdrawn from Class 9E on wall-mounted EV charging outlets?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
Acceptable, other then any illumination that could impact on visual amenity and potentially road safety.

Questions 3-10: EV Charging Upstands

Q3. Do you agree with the removal of current restrictions on Class 9F PDR for EV charging upstands in the specified areas currently listed in Class 9F(3)?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Please explain your answer
Agree with all, other than in Conservation Areas and World Heritage Sites where the urban fabric is key to the character and appearance of these areas. The introduction of more uncontrolled street furniture such as EV charging equipment will lead to visual clutter and could be significantly detrimental to the character of these sensitive areas.
Use of Article 4 legislation is less clear for the user and leads to different standards in each local authority.

Q4. Should the conditions regarding nameplates be withdrawn from Class 9F on EV charging upstands?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
Acceptable, other then any illumination that could impact on visual amenity and potentially road safety.

Q5. Do you agree with the proposed increase in height allowable for EV charging upstands under Class 9F PDR from 1.6 metres to 2.5 metres in all off-street parking locations, except within the curtilage of a dwelling?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
Appears to be in line with new technical requirements.

Q6. Do you agree with the proposal to introduce PDR for solar canopies and related battery storage and equipment housing for EV charging upstands in off-street parking areas?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
With the proposed restrictions on the areas that these are permitted and the distances from roads and dwelling houses this should ensure that they are limited to larger car park areas (without the need for an application).

The only concern would be where this results in the removal of trees within a carpark, which could occur in supermarket car parks etc where there are landscaped corridors between parking. If there could be a requirement for replacement of any trees removed as a result of the works, this would be supported.

Q7. Do you agree with the proposal to introduce PDR for equipment housing for EV charging upstands in off-street areas where solar canopies are not provided?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
Appears to be in line with new technical requirements.
However, if there was a requirement for housings to be painted in a colour which was appropriate to the area (agreed with the planning authority) that would help to minimise any visual impact.

Q8. Do you agree with the list of areas within which new PDR for such solar canopies and related battery storage and equipment housing should not apply?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
These are sensitive areas where impacts should rightly be assessed in more detail.

Q9. Do you agree with the suggested height limit of 4 metres on PDR for solar canopies for EV charging upstands in off-street parking areas?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
This seems acceptable, given the 5m and 10m setback restrictions.

Q10. Do you agree with the proposal that any new PDR for solar canopies, battery storage and equipment housing for EV charging upstands in off-street parking areas should not apply within 5 metres of a road and 10 metres of the curtilage of a dwelling?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
This should give an appropriate compromise of supporting solar canopies and protecting visual and residential amenity.

Questions 11-16: On-street/Kerbside Charging

Q11. Would it be helpful to amend Class 30 PDR for local authorities to make clear they apply to EV charging points and any associated infrastructure?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No

Q12. Do local authority PDR need to be amended to take account of emerging models for financing, delivering and operating EV charging infrastructure, and the changing nature of private sector involvement?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
This would assist parties working in partnership or on behalf of local authorities.

Q13. Should PDR for EV charging infrastructure in roads apply to parties other than local authorities?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Please explain your answer
Not at present, until more information is available on the responsibility for the infrastructure or what process such providers need to go through to obtain consent from the local authority as land owner/highway authority.

Q14. If so, would such PDR for other parties need to be linked to some arrangement with local authorities or other form of authorisation?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
As above, this process needs to be in place before any PDR come into force.

Q15. What conditions and limitations would need to be placed on any additional PDR for EV charging infrastructure in roads?

Please explain your answer
Hight, location (for visibility splays), size/colour and agreement on the stand-offs for cable connections around the parking spaces.

Q16. In relation to extending PDR for EV charging infrastructure in roads, what issues need to be considered regarding existing PDR, and rights to access the roads network, for infrastructure which are available to other sectors, such as electricity undertakers?

Please explain your answer
Need to avoid conflicts with current statutory undertakers and other cable networks. If specific technical clearances are required around EV chargers then this should be set out.
This could make EV chargers in roads verges difficult to achieve. They need to be safe for the public to access and away from areas where other providers could need access to their infrastructure.

Questions 17-18: Existing Petrol Stations

Q17. Do you agree in principle with having PDR for changing existing petrol/diesel stations to EV charging only?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
This seems logical approach to emerging technology and climate response requirements.
However, there could be an issue in some remote/rural areas where petrol/diesel is still required and becomes unavailable, though it is difficult to see how this could be controlled through the planning system. The government would need to clarify how this will be managed/accommodated.

Q18. If so, what, if any, further specification of the conditions and limitations identified, or additional ones, would be required for such?

Please explain your answer
Those identified seem appropriate.
Only issue would be that there should be clarification that alterations to the access would require PP, rather than just agreement with planning authority, as it is unclear how that agreement would be reached/obtained.

Questions 19-22: Use Classes Order

Q19. Do you consider that a merged use class bringing together several existing classes would help to support the regeneration, resilience and recovery of Scotland’s centres?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
Agree that combined class 1 and class 2 and some class 10 and class 11 would be appropriate. Cafe uses in class 3 are also appropriate in the combined class.
Agree that class 4 should not be included.

Q20. What do you consider to be the key risks associated with such a merged use class, and do you think that non-planning controls are sufficient to address them?

Please explain your answer.
Late night restaurant uses could be an issue for amenity (noise, smell and disturbance), if included. Class 3 could be restricted to opening no later than 8pm without specific PP if changing from the other uses.

Some uses in class 10 and 11 may also require opening hours and size restrictions, such as disco and gym uses.

Q21. Are there any other changes to the UCO which you think would help to support Scotland’s centres?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
COU of upper floor offices or retail storage areas to residential flats could assist regeneration if this were PD. It should only apply to 1 or possibly 2 bedroom (3 habitable room) flats and should only be permitted where they are entirely above class 2 offices, retail uses or residential (or that is the authorised use if the premises on the floor below are vacant).

Q22. Do you agree that MCA could be a useful tool to provide more extensive planning freedoms and flexibilities in Scotland’s centres?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
It will depend exactly how these are operated but the enhanced flexibility could prove useful in targeted areas.

Questions 23-26: Workspaces

Q23. Do you think that a PDR providing for a change of use to Class 4 (business) would help to support the regeneration, resilience and recovery of centres – as well as the establishment of 20-minute neighbourhoods?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
This could assist with flexibility in some areas, however, the change of use /loss of shops and cafes may be of concern in some traditional high streets.

Q24. If a PDR of this nature were taken forward, what existing uses should it apply to?

Please explain your answer
1, 2 and 3 probably acceptable, though there remains some concern about the loss of traditional high street shops and cafes.

Q25. Would 300 square metres be an appropriate maximum floorspace limit?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
Possibly 250 sqm may be more appropriate to start with to ensure larger shops are not lost from high streets.

Q26. What (if any) additional conditions or limitations should such a PDR be subject to?

Please explain your answer
Any physical changes in a shop/unit frontage should still require PP to retain some control over the appearance of streets.

Questions 27-30: Moveable Outdoor Furniture

Q27. Do you agree with the proposed introduction of a PDR for moveable furniture placed on the road outside of (Class 3) food and drink premises?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
This has been successful during the pandemic in bringing interest and vitality to high streets.

Q28. Are there any conditions or limitations that you think such a PDR should be subject to?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
A 2m wide footpath should be retained to allow safe passage of pedestrians. Where this cannot be obtained PP should be required.

This may also need some form of licensing arrangement through Roads/Highways.

Q29. Are there any uses other than (Class 3) food and drink premises which you consider such a PDR should apply to?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Please explain your answer
Public houses would generally also look for this type of external area but this could create more issues in terms of noise and disturbance at later hours so should be the subject of a planning application.

Q30. Do you agree that important matters such as safety and inclusive access could continue be controlled through other regimes that would continue to apply?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Please explain your answer
A restriction that requires 2m of the pavement to be retained would still be required through Planning.

Questions 31-32: Residential Accommodation

Q31. Do you agree that new residential development in Scotland’s centres should be plan-led rather than consented through new PDR?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
Yes, other than possibly COU for small scale upper floor flats - see Q21.
Larger developments require to be fully assessed to ensure the quality of the finished product (for user and in terms of the environment) is of the highest standard possible and any impacts on infrastructure are considered, including the need for developer obligations/contributions towards such.

Q32. Are there any other PDR changes which you think could support the regeneration, resilience and recovery of centres?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please explain your answer
See Q21
COU of upper floor offices or retail storage areas to residential flats could assist regeneration if this were PD. It should only apply to 1 or possibly 2 bedroom (3 habitable room) flats and should only be permitted where they are entirely above class 2 offices, retail uses or residential (or that is the authorised use if the premises on the floor below are vacant).

Questions 33-36: Ports

Q33. Do you agree that, with respect to the PDR, there should be a level playing field between English and Scottish ports?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No

Q35. Do you think there is potential to widen the scope of Class 35 PDR further?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No

Q36. Do you agree that MCA could be a useful tool to provide more extensive planning freedoms and flexibilities in Scotland’s ports?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No

Q37-39: Assessments

Q37. What are your views on the findings of the Update to the 2019 Sustainability Appraisal Report at Annex A? (Respondents are asked to avoid restating their views on the November 2019 and Phase 1 consultations, as these views have already been taken into account)

Please explain your views
No comment

Q38. Do you have any comments on the partial and draft impact assessments undertaken on these draft Phase 2 proposals?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No

Q39. Do you have any suggestions for additional sources of information on the potential impacts of the proposals that could help inform our final assessments?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No

About you

Are you responding as an individual or an organisation?

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(Required)
Radio button: Unticked Individual
Radio button: Ticked Organisation

What is your organisation?

Organisation
West Lothian Council