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Dear Messrs Cockhead and Garvie,
TOWN AND COUNTRY PLANNING (SCOTLAND ACT) 1997
NORTH EAST SCOTLAND TOGETHER (NEST) STRUCTURE PLAN
The Scottish Ministers have decided to approve the
North East Scotland Together (NEST) Structure Plan which was submitted on
26th April 2001. In reaching their decision they have
considered all representations and objections made to them in accordance
with the Town and Country Planning (Structure and Local Plans)(Scotland)
Regulations 1983. In addition to the matters taken into account in the
Plan as submitted, the Scottish Ministers have considered such other
matters as they thought relevant.
The Plan is approved subject to a number of
modifications, which are set out in Annex A to this letter. At Annex B are
comments on objections made to the Scottish Ministers during public
consultation on the submitted Plan and on the draft modifications where
the Scottish Ministers have not accepted the substance of the objections
and, as a consequence, propose no modifications to the Plan.
Of particular importance are the modifications
promoting housing in the countryside in the interests of local needs,
local economic development and services and supporting small scale,
homebased economic activity in rural areas. They recognise the suitability
of certain groups of buildings to convert to houses and businesses
provided they are not too distant from defined settlements and service
centres. The modification on the football stadium remains unchanged from
draft as it is the SFA’s bid for the Euro 2008 championship which
creates the "very special circumstances" to enable the Scottish
Executive to give conditional support to such an exception to green belt
policy. It also remains a condition of the modification that any new
stadium meets the requirements of NPPG 11 on normal planning
considerations, such as traffic, parking, access to public transport and
conflicts with neighbouring uses.
Whilst the Scottish Ministers’ approval of the Plan,
as modified, is founded primarily on the consideration of policies and
proposals, it relates to the plan as a whole. It should be understood that
the Scottish Ministers’ approval of the Plan does not convey approval of
any matter therein for any other statutory purpose. In particular, it does
not commit the Scottish Ministers, or any other Government department, to
the payment of grant on any particular project or to the amount or timing
of any capital expenditure.
The Plan shall become operative on 21st
December 2001.
The foregoing decision is final, subject to the right,
conferred by Section 238 of the Town and Country Planning (Scotland) Act
1997, of any person aggrieved by the Scottish Ministers’ decision to
apply to the Court of Session within 6 weeks from the date of publication
of the first notice of the approval of the Plan, whereby the Court may
quash the decision if satisfied that it is not within the powers of the
Act or that applicant’s interests have been substantially prejudiced by
a failure to comply with any requirement of the Act.
I am sending a copy of this letter and annexes to your
respective Chief Executives and to all those who have made representations
since the Plan was submitted.
Yours sincerely,
Thomas Hardie
Principal Planner

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