"(1) The structure plan for any district shall be a written statement

(a) formulating the planning authority's policy and general proposals in respect of the development and other use of land in that district...,

...and

(c) containing such other matters as may be prescribed.

...

(3) A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed, and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan".

Section 10 provides for the approval of structure plans "in whole or in part and with or without modifications or reservations" by the Scottish Ministers. Section 11 states that:

"(3) A local plan shall consist of-

(a) a written statement formulating in such detail as the planning authority think appropriate the authority's proposals for the development and other use of land in that part of their district or for any description of development or other use of such land ...,

(b) a map showing those proposals, and

(c) such diagrams, illustrations and descriptive matter as the planning authority think appropriate to explain or illustrate those proposals, or as may be prescribed,

and shall contain such matters as may be prescribed".

"(1) A planning authority shall keep under review any local plan adopted by them, or approved by the Secretary of State, and may at any time make proposals for the alteration, repeal or replacement of that plan.

(2) In complying with subsection (1) the planning authority-

(a) shall have regard to any information and any other considerations which appear to them to be relevant or which may be prescribed, and

(b) shall secure that any proposals conform generally to the structure plan as is stands for the time being (sic), whether or not it has been approved by the [Scottish Ministers]".

Section 15 permits a planning authority to hold a local inquiry in order to consider any objections to a local plan or proposals to alter such a plan. Section 17 permits the planning authority to adopt the plan or proposals to alter it, after consideration of any objections. But where there is a structure plan approved by the Scottish Ministers:

"the planning authority shall not adopt any plan or proposals which do not conform to that structure plan".

"9. (1) A structure plan shall contain or be accompanied by a diagram, called a key diagram, showing so far as the planning authority may think practicable the policies and general proposals formulated in the written statement.

...

(3) No diagram contained in, or accompanying, a structure plan...shall be on a map base.

...

10. In the case of any contradiction between the written statement and any other document forming part of the structure plan, the provisions of the written statement shall prevail."

"3. Structure plans set out the strategic framework for the use of land and make an important contribution towards achieving sustainable development. They should provide:-

·        a framework for the promotion of development and regeneration through private and public sector investment

·        a strategic approach to conserving and enhancing the quality of the natural and built environment

·        the basis for decisions on planning applications and appeals which

individually or cumulatively raise issues of more than local significance

·        the context for local plans

Essentially structure plans should contain the land use planning policies and proposals which coordinate the requirements for development land with the protection of the environment at the strategic level.

...

44. The written statement must set out in a clear, concise and coherent manner the overall planning strategy together with the related policies, proposals and recommendations; this should be supported by sufficient reasoned justification to understand the context in which these have been formulated. Where further background explanation is required, plan users should be referred to the report of survey or, if appropriate, technical papers.

...

46. The key diagram should indicate the spatial implications of the strategy. It should show the general location of key policies and proposals, the scale of new development...These should be cross referenced to the written statement. It is not the function of the key diagram to identify individual sites or define precise boundaries; this should be reflected in the notation. Supplementary diagrams and illustrations can, however, be used where they help clarify or explain a particular issue".

"28. Any apparent variance...with a structure plan approved by [the Scottish Ministers] requires careful explanation and justification...Bearing in mind the requirement for conformity with an approved structure plan, any conflict must be resolved before the local plan is adopted".

2. The Clackmannanshire and Stirling Structure Plan (March 2002)

This Figure is accompanied by a Table (Fig 2.3) which describes the various areas. Stirling East is said to include Springkerse, Bannockburn Interchange/Corbiewood, Cowie, Fallin, Plean and Bannockburn. It is stated that this area is the "Proposed area of search for major growth and some development within or adjacent to existing settlements circa 2850 houses in total". The Figure, along with the Table, "summarises the main elements of the Plan's locational strategy and how this translates into particular policies and proposals for the general area" (para 2.5.8)

"Whilst a moderate level of growth is anticipated to come forward in a number of settlements as indicated in Table HP2 the majority is to be delivered through a major growth area, which may be in the form of a completely new community".

Table HP2 is in the following, amongst other, terms:

Under the sub-heading "Stirling's Major Growth Area", the Plan states (para 4.3.21):

"The area of search for this is indicated in Fig. 2.2 and includes a broad swathe of land sweeping round from the River Forth to the east of Stirling right round to Plean and the motorway in the South East. This area was selected as it best conforms with the overall sustainable development objectives of the Plan, is least sensitive in terms of the overall setting of Stirling, could offer the possibility of rail access, has good accessibility to the road network and could offer urban regeneration benefits for the Eastern Villages".

Critically, the Plan then sets out Proposal HP3 as follows:

"Proposal HP3: Stirling's Major Growth Area

Within the area identified as 'Stirling East' on Fig 2.2 and on the Key Diagram as 'Search Area for Major Growth' the Council will identify, through an Alteration to the Local Plan, the proposed Major Growth Area...In the selection of a Local Plan site(s)...the Council will be guided by a number of key principles including-

·        Avoiding urban sprawl and coalescence between existing communities in the area, including where appropriate, the designation of new areas of Green Belt.

·        Achievement of accessibility by ...sustainable transport links to Stirling and other local centres.

·        Traffic management...

·        Provision for appropriate local facilities...

·        Clear urban design principles...

·        Optimal densities, including open space and landscaping...

·        Achievement of a range and mix of house types...

·        Opportunities to achieve mixed use and local employment...

·        The potential to link in with the Council's social inclusion and urban regeneration priorities...

·        Optimising the potential to achieve all of the above whilst minimising the environmental impact of the development and its impact on the landscape setting of Stirling and its historic views".

In order to complete the picture, the relevant part of the Key Diagram, described as the "strategic vision" identifying "those areas that need to be protected and enhanced, and those core areas to which growth will be directed" (para 2.6.1), is reproduced.

Of significance on this and Figure 2.2 is the representation of the M9 motorway (annotated only on Fig 2.2) running around the north of Plean almost at right angles to the M80, which it joins at the Pirnhall Interchange. The sketch of the "Search Area", and of Stirling East on Figure 2.2, show a southern boundary extending south of both Plean and the M9, but not including land immediately to the east of the M80 south of Pirnhall.

3. Background to the Structure Plan (1999 - 2002)

"Stirling Housing Proposals, HP2 and HP3

......

4.190 East Stirling: This area sweeps around the Eastern Edge of Stirling including the area of land around the Pirnhall Motorway Interchange, round to Springkerse and extending out beyond the Eastern Villages of Cowie, Fallin and Plean. Its outer limits are defined by the River Forth to the North and the motorway (M9) in the South. This area has relatively good accessibility and was partly identified by the Landscape Study as the only area adjacent to Stirling which could accommodate major growth...East Stirling affords the potential to integrate with the Council's priorities for securing the regeneration of the Eastern Villages, which are currently a priority area.

The Major Growth Area

4.191 Proposal HP3 sets out Stirling Council's criteria to be applied to the proposed Major Growth Area. This approach is taken in order to demonstrate an integrated and innovative approach to accommodating a large proportion of the area's housing requirement, given current infrastructure and environmental constraints..."

"The Council will identify, through an Alteration to the Local Plan, a location for the proposed Major Growth Area..."

The first key principle had read:

"The avoidance of urban sprawl and coalescence between existing communities in the area will be a primary consideration, including where appropriate, the designation of new areas of Green Belt".

4. The Stirling Council Local Plan Proposed Alteration 2 (January 2004)

"including Springkerse/Broadleys, Bannockburn Interchange/Corbiewood, Cowie, Fallin (including Bandeath), Plean and Bannockburn. Also includes the 'Area of Search for the Major Growth Area'".

A locational diagram (Fig 2, excerpted from the more extensive Fig 1) identified the Core Area and its three components of Stirling North, East and West. Stirling East was shown with a southern boundary running eastwards from the Pirnhall roundabout and skirting along the southern edge of the M9, before detouring southwards to envelope Plean. It did not show that boundary meeting the M80 south of Pirnhall or that area encompassing any significant portion of land south of the M9 between Plean and the M80.

"4.9.1 On balance both the proposals can fulfil the requirements of HP3 and the related Structure Plan criteria as indicated in the summary tables in the Background report.

4.9.2 The proposals are only half a mile apart and in most instances compare quite closely. The exceptions to this is (sic) in relation to:

HP3(1)- urban sprawl/coalescence where Durieshill achieves better policy compliance;

HP3(2), TR1 and TR2 on accessibility/sustainable transport, where West Sauchenford achieves better policy compliance;

HP3(10) where West Sauchenford is more preferred in terms of environmental impact but less preferred than Durieshill in terms of protecting the setting of Stirling and its historic views.

4.9.3 The decision must then come down to the relative weight that should be given to these criteria. In essence the choice lies in considering whether the issues of landscape setting and coalescence outweigh those of sustainable transport and impact on local landscape character/quality. Added to this there is also a degree of uncertainty for the Sauchenford site as to the scope to deliver an appropriate green belt with sufficient land area remaining to achieve appropriate densities".

The officials did not make any recommendation to prefer one site over the other. The first respondents decided that the second respondents' site at Durieshill was the preferred option.

"Introduction

8.0 An area to the south east of Stirling and to the west of Plean, referred to as Durieshill, has been identified by the Council to accommodate a new village including around 2500 houses. This area has been selected in the context of the principles set out in Structure Plan proposal HP3...The Council's decision to select this location reflects the particular weight given to the avoidance of coalescence and urban sprawl and the delivery of a distinct new community, in an attractive environment, which will protect the setting of Stirling and its historic views.

...

Delivering a New Village

...

HP1 Durieshill New Village Proposal

To progress, in partnership with other agencies and the private sector, delivery of a new village to include circa 2500 houses along with the necessary infrastructure and facilities, on land as identified on the proposals map".

The revised location map (Fig 2) confirmed the boundaries of Stirling East as now extending into the triangle.

5. Local Inquiry (October - December 2005) and Report (June 2006)

(a) COMPATIBILITY WITH THE STRUCTURE PLAN

"The starting point is Proposal HP2 which has 'a requirement' within the Stirling Core Area at Stirling EAST to locate circa 2500 houses. The issue is considered further in Proposal HP3...

It is therefore fundamental to the objections before this Inquiry that the extent of the area of Stirling East and the Search Area for Major Growth be identified. This is because if a site is within these areas it may conform to the Structure Plan, if it is not so located, the site can be, and should be, considered no further as it does not, and cannot conform. If the site is outside the area the Local Plan cannot be adopted if it promotes such a site to provide the requisite 2,500 houses, as the Local Plan would not conform to the Structure Plan.

The text at 4.3.21 makes clear beyond any doubt, even taken in isolation, that the area extends to the M9 (being to the S.E.) and to Plean. Accordingly even on that basis alone any proposal to the south of the M9 would not accord with the Structure Plan. If there is any doubt as to which motorway is referred to, the background report confirms that the M9 is the "outer limit" to the EAST Stirling Area...However a further consideration of the terms of 4.3.21...confirm this is not a fanciful notion but is based on sound planning considerations namely to reduce the need to travel and to promote safe convenient and integrated cycle, pedestrian, public transport and road network infrastructure. The M9 is a barrier to such requirements. The Pirnhall roundabout is an even greater barrier...

The terms of the Structure Plan (fairly read) put this issue beyond any doubt. However, consideration if it be needed is provided by a fair and objective evaluation of Figure 2.2 Locational Strategy and Diagram.

(i)                  Figure 2.2

This is not plan based and indeed is diagrammatic. However what is clear is that Stirling East is wholly within the Core Area.

...

(ii)                Key Diagram

...an identical conclusion can be drawn in relation to the key diagram...

(iii)               The Stirling Local Plan Alteration 1A

...the terms and diagrams of the Structure Plan confirm beyond doubt that Durieshill lies outwith the area of search. However consideration of Alteration 1A takes the matter beyond any reasonable or reasoned debate...

Figures 1 and 2...clearly show that the Core Area and Stirling East have a southern boundary in a line between the Pirnhall roundabout and Plean and clearly exclude the Durieshill site. There is no other possible interpretation".

In her report of June 2006, the Reporter concluded:

"14.4 From Regulation 9(3) [of the 1983 Regulations] and the advice in the PAN [37], I conclude that structure plans are meant to be strategic documents and that the key diagram (and the other figures in the plan) are not meant to be on a map base or to be site specific and that they should not define precise boundaries. However, they should show the general location of key policies and proposals.

...

14.7 It is apparent from figure 2.2 Locational Framework; from the unnumbered figure on page 5 of the structure plan, also called Locational Framework, and from the key diagram itself that features such as roads have been drawn in a diagrammatic fashion. They have not been drawn to replicate the features as they are found on an Ordnance Survey Map.

14.8 The locational strategy divides the structure plan area into three: the Core Area, the Rural Villages Area and the Upland Countryside Area. Shaded zones representing these areas are shown on the two locational framework figures and the key diagram. Just as the roads are shown diagrammatically on these drawings, the shaded zones also appear to be diagrammatic. They do not, for example, follow the edges of the upland areas precisely. Instead they give a general indication of the location of the three different policy areas.

...

14.11 I conclude that both figure 2.2 and the key diagram of the structure plan are indicative, that they do not define precise boundaries and that they give the general location of key policies and proposals. As such, they accord with Regulation 9(3) and advice in PAN 37.

14.12 The council has explained that the northern boundary of the Stirling East area on both figure 2.2 and the key diagram does follow the River Forth and that this boundary on the figure and key diagram is therefore intended to represent a geographical feature. The river has been drawn less indicatively than other features, for example, the meanders have been shown in some detail. Other features on the figure and the key diagram, such as the M80 and M9 and other roads, although they are geographical features in reality, are shown diagrammatically. The figure and the key diagram are therefore inconsistent in this respect, as they show the roads indicatively but the river more realistically. To my mind, this factor has had the effect of confusing what should be a relatively simple issue. Nevertheless, whatever the alleged shortcomings of figure 2.2 and the key diagram, the structure plan has been approved by Scottish Ministers in this form.

14.13 The Stirling East area on figure 2.2 and the 'Search Area For Major Growth' on the key diagram appear to be the same. The area is shown on both figure 2.2 and the key diagram with its southern boundary lying between the diagrammatic representation of the M9 and that of the M80, to the south of the M9. This seems to indicate that Stirling East is intended to include land to the south of the M9.

14.14 As well as being shown on figure 2.2 and the key diagram, Stirling East is described in the table at figure 2.3. There is a list of places under the heading of Stirling East in this table. The other strategic locations in the table also contain a list of places. However, it is apparent that the list of places is not exhaustive... Consequently, I do not attach any significance to the omission of the Durieshill location from the list of places under Stirling East in figure 2.3.

14.15 In paragraph 4.3.21...the area of search is described as follows: 'The area of search for this is indicated in Fig. 2.2 and includes a broad swathe of land sweeping round from the River Forth to the east of Stirling right round to Plean and the motorway in the South East'. It is not clear from this description whether the motorway referred to is the M9 or the M80, although I note that the M80 lies to the south of Stirling and the M9 lies to the south east, which would suggest it is the M9.

14.16 ...the Background Report...describes the area as follows: '...Its outer limits are defined by the River Forth to the North and the motorway (M9) in the South'. This appears to be unambiguous. However, both the text of paragraph 4.3.21 of the structure plan and the Background Report include Plean within the area of search, which lies to the south of the M9.

14.17 In the Stirling Council Local Plan Alteration 1A...the council interpret the structure plan locational strategy in figures 1 and 2. Both figures are on a map base and are to scale...

14.18 Figure 2...shows mainly the Core Area and, within it, Stirling East, Stirling North and Stirling West. The south west boundaries of the Core Area and Stirling East coincide and are shown just to the north of the Pirnhall interchange. The line marking the boundaries follows the M9 to the south east, but lies slightly to the south of the motorway. At the point where the M9 crosses the A9, the line doglegs to the south west to include Plean and then continues in a south easterly direction to the council boundary.

14.19 The council claims that the interpretation of the Core Area and Stirling East as shown on figures 1 and 2 of alteration 1A was an error. The error was made because the first alteration was prepared in June 2002 to deal, amongst other things, with all the housing land requirements set out in the structure plan apart from the major growth area, which would be covered in a second alteration to the local plan. The council officers were concentrating on that purpose and not on the major growth area...

14.21 It is entirely possible that the council did make an error in the first alteration in relation to figures 1 and 2 and the locational strategy. Preparing a local plan, even one that is an alteration and not a complete plan, is a complex process. However, I can understand objectors' frustration that this explanation for the boundaries on the plans in the first alteration appears to be post-rationalisation on the council's part. In this regard, I note that the Durieshill site would lie almost entirely outwith the Core Area and Stirling East areas identified on figures 1 and 2 of the first alteration to the local plan.

14.22 However, whatever the truth of the matter, the point is now of no more than academic interest. Alteration 1A is a finalised local plan and has not yet been adopted. It is not part of the statutory development plan. In any event, alteration 2A deletes figures 1 and 2 of the finalised alteration 1A and substitutes replacement figures showing the Core Area and Stirling East which cover all of the land between the M80 from the Pirnhall interchange southwards to the council boundary.

14.23 In conclusion on the structure plan area of search, I note objectors' concerns that the Durieshill major growth area is not located within the Stirling East area. Transferring the area shown on structure plan figure 2.2 and the key diagram to a map base would appear to support the premise that at least some of the Durieshill site lies outwith the area. However, Regulation 9...and PAN 37 are very clear that structure plan figures and diagrams are not on a map base and are not intended to define precise boundaries. For these reasons, I conclude that the area defined as Stirling East on figure 2.2 and as the search area for major growth on the key diagram does not define the precise boundaries of the Stirling East area and it is not intended that the area shown on the figure and the diagram should be transferred to a map base.

14.24 Regulation 10...refers to the reconciliation of contradictions in structure plans. It states that in the case of any contradiction between the written statement and any other document forming part of the plan, the provisions of the written statement shall prevail. However, on the one hand the written statement appears to imply that the southern boundary of the search area is the M9, but on the other, the area includes Plean, which lies to the south of the M9. In these circumstances, I do not consider that the written statement clarifies the issue.

14.25 As the boundaries on figure 2.2 and the key diagram are indicative and are not meant to define precise areas and as the southern boundary of Stirling East appears to include land to the south of the M9, I conclude that the Durieshill site can be interpreted as lying within Stirling East on figure 2.2 and within the search area for major growth on the key diagram, albeit that it lies on the southern margins of these areas".

(b) COALESCENCE AND OPTIMAL DENSITIES

"I am writing to confirm that in addition to the land currently under your control I own 140 acres to the east of the West Sauchenford major growth area proposed by your company and others. I confirm that I am fully supportive of your proposals and would be happy to make this further land available for any extended proposals if that is necessary".

The appellants had initially lodged a number of different site layout plans (BBH 01, with variations BBH 02-04, BBH 57). These were designed to show that the site could cope with the density requirement. The appellants lodged a further plan (BBH 56a) which had an additional hatched area attached to the eastern boundary of the appellants' site as presented at the inquiry. This area extended to the M9 almost immediately to the north of Plean. Although not entirely clear, it may be the 140 acres referred to in the letter.

"The position...is perplexing. On the one hand, [the appellants] went to the trouble of producing BBH56 and BBH 56A to demonstrate how much extra land they had, or could potentially have, within their control and led evidence to support the possibility of residential development to the north of the diverted A9...and to the south and east of the Sauchenford Holdings....

On the other hand [the appellants' planning expert] was great pains (sic) to assure us that there was no intention to develop these areas or the land shown in BBH 56A. Why then did they go to such lengths to tell us that these possibilities existed? ...what more evidence could we possibly ask for that [the appellants] acknowledge that their site is squeezed? And what is absolutely clear is that there is no possibility of expansion in any other direction".

"...would increase the risk that urban sprawl and coalescence between West Sauchenford and Plean could become an issue" (para 14.130).

"15.4 The Durieshill site should be confirmed as the site to meet Stirling's Major Growth Area, as required by structure plan proposal HP2 and in accordance with structure plan proposal HP3".

On 27 October 2006, the first respondents accepted that recommendation, adopted Alteration 2 and approved Durieshill as the Major Growth Area.

"In order to emphasise the indicative nature of Figure 2.2, and reflect the fact that the areas identified do not follow any precise physical boundaries, it is proposed simplify (sic) the style of this figure".

Figure 2.3 is amended by adding "Durieshill" to the specific settlements in Stirling East. HP3 becomes HP4 as follows:

"Stirling Council will support the masterplanning and delivery of the new village at Durieshill for 2500 houses and all associated facilities, as detailed through Alteration to the Stirling Local Plan..."

The Key Diagram is also altered to show the new Durieshill Village (HP4) in part of the Core Area, now extending in a similar fashion.

6. Submissions

(a) APPELLANTS

(c) SECOND RESPONDENTS

7. Decision

(a) COMPATIBILITY WITH THE STRUCTURE PLAN

(b) RELEVANT AND MATERIAL CONSIDERATION