STIRLING COUNCIL
Development Plan Scheme & Participation Statement
stirling.gov.uk phone 01786 404040 text 07717 990 001
June 2016
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Stirling Council Development Plan Scheme
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Contents
1. The Development Plan Scheme ............................................... 4
2. The current Local Development Plan (LDP) ............................. 4
3. Timescales for preparing the LDP ............................................ 5
4. How can I get involved in the preparation of the LDP? ............. 6
5. Other assessments which support the LDP .............................. 8
• Strategic Environmental Assessment ................................... 8
• Habitats Regulations Assessment ........................................ 8
• Equality Impact Assessment ................................................ 8
6. Participation Statement ............................................................. 9
• Learning from previous consultation ..................................... 9
• SP=EED™ .......................................................................... 10
• Proposed level of engagement for the LDP ........................ 12
Appendix: Activities carried out to date (June 2016) ................... 19
Stirling Council Development Plan Scheme
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1. The Development Plan Scheme This Development Plan Scheme sets out the programme for preparing and reviewing the Local Development Plan (LDP) and includes the following: •• An updated programme and timetable for preparing and publishing the LDP. •• A Participation Statement, which sets out stakeholder involvement in the LDP i.e. when, how and with whom, consultation will take place. The production of an annual Scheme is a requirement of Scottish Government. It has been published at this time to enable you to learn about the LDP the Council is preparing and how you can get involved and also to help focus everyone on what is involved in getting an up to date plan in place as quickly as possible as required by Scottish Government.
2. The Current Local Development Plan The current Local Development Plan was adopted in 2014. The first stage of that Plan, the Main Issues Report (MIR), was published in May 2010. The period following the publication of the MIR was the main opportunity for consultation and engagement on the formulation of the Plan, and in that time we undertook a number of different participation activities. A Draft Plan was published in October 2011 in order to gauge opinion on its content as a draft. In October 2012, the Proposed Plan was published and consulted upon. Examination of the unresolved representations to Proposed Plan took place from July 2013 to March 2014 with the Modified Plan adopted in autumn 2014. An online version of the current Plan is available on the LDP webpage at: www.stirling.gov.uk/localdevplan. This enables maps that relate to the plan such as Green Belt, Local Landscape Areas, Conservation Areas etc., to be viewed in more detail. A legal challenge to the adopted Plan has been lodged, however until the outcome of this process is known, it remains the development plan in force for the Stirling Council Planning Authority Area.
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3. Timescales for preparing the LDP Work is well underway to replace the current LDP. Planning authorities are required to have an up to date development plan and ensure that this is replaced at least every 5 years. However to address a potential shortfall in housing land supply, Stirling Council is progressing with a replacement Plan in advance of this timescale and aims to have this in place by December 2017. The current Timescales for preparing the replacement LDP are shown below.
Strategic Environment Assessment (SEA) Process
Plan Process Publish Development Plan Scheme
July 2016
Publish Proposed Plan & Supplementary Guidance (SG)
Environmentally Appraise Proposed Plan & amend ER if required Consult on Proposed Plan, SG & ER
July 2016
July - Sept. 2016
Submit Proposed Plan SG & Schedule 4’s to Scottish Ministers
Feb. 2017
Examination of Plan
Mar. - Sept. 2017
Publish modified Proposed Plan & submit to Scottish Ministers
Revise & Finalise ER
Nov. 2017
Adoption of Plan
Publish Post Adoption SEA Statement
Dec. 2017
Monitoring and Review of Plan and SEA
2018 - 2022 Stirling Council Development Plan Scheme
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4. How can I get involved in the LDP preparation? We have produced a participation statement at section 6, setting out when, how and whom will be involved in the preparation of the plan. Why engage others in preparing the LDP? The planning system promotes, facilitates and regulates development in the public interest. The impact of development, much of which is irreversible, on the lives of individuals and communities can be very significant depending on its nature, scale and location. As the Plan sets the context within which new development can happen, it is important that everyone affected has an opportunity to input. A variety of groups, organisations and individuals will therefore have an interest in the Plan, and will be given the opportunity to influence the surroundings in which they live, work, shop and play.
Who should participate? Everyone has the right to comment on a proposed development that is likely to affect them. It is important therefore that everyone who wants to have an input into the preparation of the Plan has the opportunity to do so. It is also important that those who are harder to reach, and do not normally comment on planning matters, are also given every opportunity and assistance to input into the process. Our approach is to target those most affected by the proposals in the Plan i.e. communities of interest (people who share a common interest).
Why should you participate? Participation in the Plan process can help shape your future surroundings. Participation cannot however guarantee that everyone gets the outcomes they want, but it is important that the basis and justification for policies and development proposals in the Plan are made clear and transparent. Effective engagement will ensure that people are made aware of the proposals as early as possible, have the facts to allow them to contribute, have the opportunity to make their views known and get explanations of how and why decisions are made.
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How can you participate? The participation process involves targeting specific individuals, groups, organisations and communities of interest using a variety of techniques. The methods of engagement will be tailored to local circumstances and particularly by the issues thrown up by the Plan. Feedback obtained on the MIR will be used to compile the Proposed Plan. Representations to both the MIR and the Proposed Plan must be received in writing and further details of how these can be made will be published at the respective stages. To be added to our database of contacts, please contact us: By email – ldp@stirling.gov.uk By phone – 01786 233660 Or by post – Corporate Operations Planning Services Stirling Council Teith House Kerse Road Stirling FK7 7QA. Once you have been added to our list of contacts you will be informed by email or by letter regarding key stages in the LDP process. Additionally you can keep up to date with our progress by visiting our webpage at www.stirling.gov.uk/ localdevplan or by following us on the Council’s Facebook page or Twitter page. www.facebook.com/stirlingcouncil - Facebook @stirlingcouncil - Twitter
When can you participate? Formal consultation on the Proposed Plan will take place July - September 2016. The Proposed Plan is the Council’s ‘settled view’ as the content of the plan, and although representations can be submitted, any unresolved issues arising will be submitted for Examination by a Reporter appointed by Scottish Ministers. The outcome of the Examination is largely binding on the Council and therefore no further opportunity will be available to shape the final Plan. Full details of the upcoming information events will be published on our webpage and advertised publicly. If you have been added to our database of contacts you will be informed by letter (see above section for contact details).
Stirling Council Development Plan Scheme
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5. OtherAssessments which support the LDP Various assessments of the LDP will be carried out in order to ensure that the corresponding aims are taken account of in the Plan. These assessments are statutory requirements arising from government legislation. Strategic Environmental Assessment The Environmental Assessment (Scotland) Act 2005 requires the Council to consider all policies, plans and programmes for Strategic Environmental Assessment (SEA), as well as alterations to and reviews of existing plans. The purpose of the SEA Environmental Report, in reporting the outcomes of the assessment is to identify, describe and evaluate the likely significant effects on the environment of implementing the Plan, and to compare these with the equivalent potential effects of implementing the policy approach by means of reasonable strategy options. A SEA Environmental Report will be published alongside the Proposed Plan. The SEA exercise is carried out in consultation with the three agencies – Scottish Environment Protection Agency, Scottish Natural Heritage and Historic Scotland. Habitats Regulations Assessment The Conservation (Natural Habitats, &c.) Regulations 1994, as amended, requires the potential effects of the Proposed Plan on ‘European sites’ to be the subject of a Habitats Regulations Appraisal (HRA). Where it is not possible to rule out the risk of ‘significant effects’ relevant aspects of the Plan and supplementary guidance will an require ‘appropriate assessment.’ The Council, as competent authority, shall agree to the Plan only after having ascertained it will not adversely affect the integrity of any European site, both within and outside the area of the Plan. A report detailing this process will be presented alongside the Proposed Plan. Equality Impact Assessment The Equality Act 2010 introduces a duty on public bodies and others carrying out public functions to ensure that they consider the needs of all individuals in their day-to-day work – in shaping policy, in delivering services, and in relation to their own employees. The policies and proposals presented in the Proposed Plan have therefore been considered under the Council’s Equalities Impact Assessment (EqIA) process, and subject to an EqIA Relevance Check (attached as an appendix to the report to the Council on 30 June 2016) to help determine whether or not an Equality Impact Assessment is required and provide a record of the decision. Taking account of the aims and outcomes and those likely to be affected it was concluded, for the reasons given in the Relevance Check, the Proposed Plan would not have any potential impacts on people with “protected characteristics”
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6. Participation Statement The review of the Stirling Local Development Plan (LDP) requires to be accompanied by a Participation Statement which sets out the level of stakeholder involvement that will take place in preparing the Plan i.e. when, how, and with whom, consultation will take place. The Scottish Government suggests the following characters of engagement are appropriate at each stage of the LDP process. LDP Stage
Evidence Base
Main Issues Report
Character of Engagement
Involve
Consult / negotiate
Proposed Plan
Examination
Inform
Justify
Adopt with Modifications
Figure 1: Scottish Government characters of engagement http://www.gov.scot/Topics/Built-
Environment/planning/Development-Planning/Local-Development
Learning from previous consultation Feedback on the previous consultation exercise in preparing the current LDP has been analysed and used to inform the current engagement strategy. Figure 2 below summarises the key points from the analysis.
What was done well 68% of respondents described the events Good to hear direct from the Council and (Roadshows, drop in sessions, etc.) as have officers available to answer queries. useful or very useful.
Most people satisfied with the process as it was made clear including timescales.
What needs to be improved Events need more publicity.
Consultation should avoid holiday periods Need to review how information is such as Summer and Christmas. presented as 52% of respondents said it was difficult/confusing to find.
General feedback to improve consultation More public events.
Should make use of social media.
Don’t forget about those who do not have web access.
Figure 2: Feedback on LDP consultation methods
Stirling Council Development Plan Scheme
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To take account of the feedback, whilst also recognising that the replacement LDP is much more focused on particular issues than the current adopted LDP, the following actions will be taken: •• Public events such as drop in sessions will continue. However, these will be more focused on those communities most impacted by development proposals. •• There will be a social media presence via our Council Facebook and Twitter pages to advertise more widely LDP events and timescales. •• The LDP timescale necessitates that consultation will be required in summer 2016, however to allow maximum opportunity for comment, the minimum 6 week period required will be extended to almost 11 weeks ending on 23rd September 2016. •• The LDP webpage will be consistently reviewed to ensure that information is presented in a clear and logical manner. SP=EED™ To ensure that the Council’s engagement is effective and appropriate, the SP=EED™ (Successful Planning equals Effective Engagement and Delivery) method of engagement advocated by Planning Aid Scotland will guide the approach taken by the Council. The SP=EED™ programme has been specifically designed for consultation processes in planning. The programme is referred to in Planning Advice Note 3/2010 as a benchmarking tool for community engagement in planning. Additionally, one officer from the planning team has undertaken training to become SP=EED™ verified to enhance the quality of engagement by the Council on planning issues. The diagrams below set out how Stirling Council intends to engage with stakeholders in the LDP process at each stage, consistent with the advice from Scottish Government and Planning Aid Scotland. Figure 3 summarises the 8 criteria for effective engagement in the planning process and what should be aimed for at levels 1 and 2 of engagement. Level 1 engagement is termed ‘informing’ and is used when information is released but not necessarily for comment. Level 2 engagement is termed ‘consulting’ and is used when comment and participation is invited. The aims at Level 2 are in addition to those at Level 1.
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Information will be relevant, accurate and comprehensible to the target audience.
Relevant information will be provided at every stage of the process
Findings from the engagement process will be analysed, disseminated, and potentially incorporated.
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8 Criteria for effective engagement
Monitoring & Evaluating
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Transparency & Integrity
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Distribution of information and feedback received onthe engagement process will be analysed after the process is completed.
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The purpose of the engagement will be clear and people can find out about it easily.
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Monitoring and evaluation of the engagement process will take place on an ongoing basis.
s t tim pr d d de en e nt rio an ol em d Th e pe ts eh k ag an m n e ng ed ge at ve sta e e sh s ga qu c e ith th bli ship r en e li fo pu n ad b w le be latio d. pu e ab ll et wi t re in im ss an am e t ce ev ex Th pro rel
Rights to participate will be clearly explained and opportunities to express opinions publicised.
Level 1 & 2 Figure 3 Criteria for effective engagement. Adapted from Planning Aid Scotland SP=EED™ Guide
It is proposed to use a variety of Level 1 and 2 engagement criteria to ensure that at each stage the appropriate method is being used. This may involve elements from only one or both levels.
Stirling Council Development Plan Scheme
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Public
Community Groups
Industry Representatives
Developers/ Landowners
Key Agencies
Scottish Government
Elected Members
Internal Council Services
Figure 4 sets out what engagement level is aimed at with each stakeholder group at each stage of the process. It highlights that consultation is ‘front loaded’. This is in order to gain as much input into the formulation of the Plan before a ‘settled view’ of the Council is presented in the Proposed Plan.
Pre MIR MIR Proposed Plan Examination Modified Plan Adoption Monitoring & Evaluation
Level 1
Level 2
Figure 4: Proposed Stakeholder engagement for the LDP
Proposed level of engagement for the LDP The specific engagement activities expected to be carried for each stage of the LDP process are detailed below. Figure 5 provides the overall format for this. Most of the public engagement on the Plan takes place at the MIR and Proposed Plan stages. There is limited scope for engagement once these stages are passed. The list of activities is not meant to be exhaustive, but provides an indication of the overall level of engagement, following the SP=EED method. A full list of activities carried out at each stage can be found in the Appendix.
Activity to be carried out
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Why this activity is needed
Level 1
Level 2
Figure 5: Format of engagement activities.
Who will be involved
In what way will they be involved
PRE MAIN ISSUES REPORT (October 2014 – May 2015) At this stage the Council consulted a variety of stakeholders to understand what issues the Plan should address. This stage involved reviews of the current LDP against national and local policies and strategies including Scottish Planning Policy (SPP). A combination of Level 1 and 2 engagement methods were used at this stage.
Elected Members
Notice of intent to prepare new LDP
To inform as early as possible regarding the preparation of the new plan with indicative timescales before formal consultations at MIR stage
Internal Council Services Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Councils Public Adjacent LPA’s
Approval from Council to start preparation of new plan
Interested parties contacted by letter and public webpage updated
Call for sites forms posted on webpage
To allow developers to submit sites for consideration in the MIR
Developers, interested parties, Community Councils
To get a comprehensive range of viewpoints to inform the assessment process
Key Agencies Internal Council Services
Comments invited on submitted sites
Policy review
To help identify main issues to be discussed in the MIR
Scottish Government Key Agencies Internal Council Services
Comments invited on current LDP policy review document
Preparation of Development Plan Scheme
To ensure that methods of engagement used are appropriate and effective
Planning Aid Scotland
Undertaking of SP=EED verification training
SEA Scoping Report
To identify any Strategic Environmental issues arising from review of LDP
Key Agencies
Comments invited on SEA Scoping Report
Call for sites.
Letters advertising exercise distributed to developer and community contacts
Figure 6: Pre Main Issues Report Engagement
Stirling Council Development Plan Scheme
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MAIN ISSUES REPORT (August 2015 – June 2016) At this stage the Council focussed consultation on the issues raised in the MIR. The response received was used to inform the Proposed Plan. A combination of Level 1 and 2 engagement methods was used at this stage.
Publish MIR and supporting reports
To publicise as much as possible the publication of the MIR and how people can comment on it
To ensure that the most affected by proposals are notified
Consultation on MIR
SEPA Report
To continue to raise awareness of the LDP and increase engagement with the MIR process
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Groups Public Adjacent LPA’s
Database contacts to receive a letter informing where and when copies of the MIR can be viewed Public Notices Use of social media account to publicise MIR Webpage updated
Invite formal comments to MIR LDP public drop in sessions for communities most affected by development proposals Neighbour notification Use of social media to highlight the consultation and how comments can be made
To ensure that all proposals in MIR have been environmentally appraised
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Groups Public Adjacent LPA’s
Formal comments invited to Engagement Report
To be open and transparent in engagement process and outcome
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Councils Public Adjacent LPA’s
All comments made publicly available and analysis of points raised and undertaken
To inform the production of the Proposed Plan
Elected Members
Report to Council
Post consultation reporting
Figure 7: Main Issues Report Engagement 14
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Councils Public Adjacent LPA’s
PROPOSED PLAN (July 2016 – December 2016) At this stage the Proposed Plan is opened up for comment and any representations the Council cannot resolve, will be submitted for Examination by a Scottish Government appointed Reporter. A combination of Level 1 and 2 engagement methods will be used at this stage.
Publish proposed Plan and supporting reports
To publicise as much as possible the publication of the Proposed Plan and how people can comment on it
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Councils Public Adjacent LPA’s
To ensure that the most affected by proposals are notified
Consultation on Proposed Plan
To continue to raise awareness of the LDP and increase engagement with the Proposed Plan process To gather formal comments and identify issues that can not be resolved before Examination
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Groups Public Adjacent LPA’s
To publicise the Councils settled view of what the LDP should be
Post consultation reporting
To consider all representations to the Proposed Plan
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Groups Public Adjacent LPA’s
Database contacts to receive a letter informing where and when copies of the Proposed Plan can be viewed Public Notices Use of social media account to publicise MIR Webpage updated
Invite formal comments on Proposed Plan Public meetings where required Neighbour notification Continued use of social media to highlight the consultation and how comments can be made
All comments made publicly available and analysis of points raised and undertaken
Figure 8: Proposed Plan Engagement
Stirling Council Development Plan Scheme
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EXAMINATION OF PROPOSED PLAN (March 2017 – September 2017) At this stage all unresolved representations are examined by a Reporter appointed by Scottish Ministers. These are submitted in a written form. The format of the Examination is determined by the Reporter and in a limited number of circumstances could include a Hearing and/or Inquiry Session in which the Council and other parties may be invited to participate.
Preparation of Schedule 4’s
Proposed Plan Submitted for Examination
Figure 9: Examination Stage
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To ensure representatives are adequately summarised and Council response determined
The Proposed Plan is required to undergo Examination by Reporter appointed by Scottish Ministers
Elected Members Input into the Council’s responses to representations Internal Council Services
Scottish Government DPEA
Any further information required will be determined by the Reporter appointed to hold the Examination
MODIFED PLAN (October 2017 – November 2017) At this stage the Plan will almost be in its final format. The Recommendations set out in the Examination report are largely binding on the Council. Any changes will be set out in a Modified Plan. No further representations are possible at this stage.
Outcome of Examination
To inform interested parties of the outcome of Examination of the Proposed Plan
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Groups Public Adjacent LPA’s
Creation of Modified Plan
To report fully to Council the outcome of Examination and how recommendations have been taken account of
Elected Members
Report to Council
To inform interested parties how the Reporters Recommendations have been taken into account in the Modified Plan
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Groups Public Adjacent LPA’s
Publishing of committee reports and Modified Plan on webpage
Post consultation Reporting
Reporters Report and Recommendations published on webpage
Figure 10 Modified Plan Stage
Stirling Council Development Plan Scheme
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ADOPTION (December 2017) After the Modified Plan has been published the Council will, by notice, publish its intent to adopt the plan. Once this stage has been completed the LDP becomes the Development Plan for Stirling Council.
Formal adoption of Modified Plan
Publication of LDP Action Programme
To conform with statutory requirements To ensure everyone who took part in the process is aware of the outcome To publicise the LDP
To implement the objectives and strategies of the Plan
Scottish Government Key Agencies Developers/Landowners Industry Representatives Community Groups Public Adjacent LPA’s Elected Members
Participants identified in Action Programme
Public Notice All commentators on Proposed Plan informed by letter All key Agencies and stakeholders notified Webpage updated Use of social media to publicise an outcome of LDP Copies of LDP distributed to Elected Members, Key Agencies and Community Councils
Ongoing
Figure 11 Adoption of LDP
MONITORING AND EVALUATION (2018-2022) After the Plan has been adopted the Council will monitor the performance of the Plan and start preparing an evidence base for future development plans.
Annual Monitoring
To track progress of development allocations in the LDP To inform the monitoring statement
Review of LDP Action Programme
To provide an evidence base for direction of future LDP’s
Figure 12 Monitoring and Evaluation
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Industry Representatives Developers/Landowners Key Agencies
Input into production of annual Housing, Employment and Vacant & Derelict Land Audits
Internal Council Services
Input into Retail Monitoring Report
Scottish Government
Input into monitoring statement to inform direction of MIR for next plan
Key Agencies Internal Council Services
Appendix: Activities carried out to date (June 2016) Stage
Pre MIR
Stage
MIR
Stage
Post MIR
Activity carried out
With who
When
Notice of intent to review LDP / Call for Sites
Database of contacts Community Councils Developers/Landowners Adjacent Planning Authorities
Oct. – Dec. 2014
Policy evaluation and monitoring of LDP
Internal Key Agencies Scottish Government Adjacent Planning Authorities
Oct. 2014 – May 2015
Building evidence base for MIR
Internal
Oct. 2014 – May 2015
SEA Scoping and Environmental Report
SEA Consultation Authorities
Oct. 2014 – May 2015
Review of HNDA
Scottish Government Housing Market Partnership Homes for Scotland
Dec. 2014 – Mar. 2015
Site Assessment
Internal Key Agencies
Jan. - May 2015
Activity carried out
With who
When
Neighbour Notification
GIS mapping to identify those addresses within 20m of sites marked as options
July 2015
Drop in events (x6)
Members of the public
Aug. – Sept. 2015
School events (x2)
Secondary School Students
Sept. – Oct. 2015
Statutory consultees
Scottish Government Key Agencies Adjacent Planning Authorities
Aug. – Oct. 2015
SEA Consultation
Members of the public SEA Consultation Authorities
Aug. – Oct. 2015
Publication of consultation on Social Media
Followers of Stirling Council’s Facebook and Twitter feeds
Aug. - Sept. 2015
Community Council consultation
Community Councils
Aug. - Oct. 2015
Acknowledgement Letters
All representations to the MIR
Oct. 2015
Activity carried out
With who
When
Further Site Assessment
Internal Key Agencies
Jan. – Mar. 2016
Pre-publication consultation
Internal Key Agencies Scottish Government
Apr. - May 2016
Stirling Council Development Plan Scheme
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Further Information Please contact:
Planning Services Corporate Operations Stirling Council Teith House Kerse Road Stirling FK7 7QA Telephone: 01786 233660 E-mail: ldp@stirling.gov.uk www.stirling.gov.uk/localdevplan
If you need help or this information supplied in an alternative format please call 01786 404040.
Stirling Council Viewforth Stirling FK8 2ET email: info@stirling.gov.uk text: 0771 799 0001 phone: 01786 404040 web: www.stirling.gov.uk 20