The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021

Article 1(2)

SCHEDULE 1 Land to which this Order applies

1.  Subject to paragraphs 2 and 3, the land to which this Order applies is land situated within the local authority area of Dumfries and Galloway and the whole of the area of which is within 15 miles of either—

(a) the Port of Cairnryan, or

(b) Loch Ryan Port.

2.  This Order does not apply to any land which is, or forms part of—

(a) a National Park as designated by an order made under section 6 of the National Parks (Scotland) Act 2000(1),

(b) a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997(2),

(c) a conservation area as designated under section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(3),

(d) a historic garden or designed landscape which is included in the inventory of gardens and designed landscapes compiled and maintained under section 32A of the Ancient Monuments and Archaeological Areas Act 1979(4) (“the 1979 Act”),

(e) a site of special scientific interest, having the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004(5),

(f) a historic battlefield included in the inventory of battlefields compiled and maintained under section 32B of the 1979 Act,

(g) a European site,

(h) a World Heritage Site included in the list kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage(6).

3.  This Order does not apply to any land which contains—

(a) a listed building or the curtilage of a listed building listed under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997,

(b) a scheduled monument within the meaning of the 1979 Act,

(c) ancient woodland contained in the Ancient Woodland Inventory(7).

Article 3(2)

SCHEDULE 2 Conditions

PART 1 General

Operator and exclusions

1.  Development may only be carried out by or on behalf of the Scottish Ministers.

2.  A building on the site may only be removed if the Scottish Ministers have agreed to its removal in writing.

3.  The site must not be used for the storage of fuel or for refuelling, other than as ancillary to the use of the site pursuant to article 3(1).

4.  The site must not be used for the stationing of vehicles carrying—

(a) Category I/II nuclear material as defined in regulation 3 of the Nuclear Industries Security Regulations 2003(8), or

(b) High Consequence Dangerous Goods as defined in section 1.10.3.1 of Annex A to the edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road published in 2019(9).

Development (construction, operation and reinstatement phases)

5.  Any artificial lighting must be arranged so the main beam angle of each installation is directed downward and away from the closest boundary so as to minimise light spill.

6.  Any fire hydrants and emergency water supplies must be kept in good repair and any defects must be repaired as soon as practicable.

7.  Any surface water and foul water drainage system must be kept in good repair.

8.  Temporary structures collecting sewage that are not attached to mains sewers must be emptied regularly.

9.  Development must not adversely affect any ancient woodland contained in the Ancient Woodland Inventory.

10.  There must be no net increase in the rate or volume of surface water discharge from the site.

11.  Surface water discharged from the site must not adversely affect the quality of receiving water bodies.

12.  Subject to condition 13, the height of any building (other than an existing building) must not exceed 15 metres.

13.  The height of any gate, fence, wall or other means of enclosure erected or constructed, other than noise attenuation measures, must not exceed 4.5 metres.

14.  No building other than plant, machinery, gates, fences, walls or other means of enclosure, or noise attenuation measures, may be erected or extended within 25 metres of the boundary of the curtilage of any residential dwelling.

15.  Where there is a risk of groundwater contamination, hard surfacing must not be made of porous materials.

16.  Where a condition in Parts 2 to 5 of this schedule requires the publication of any document, reasonable steps must be taken to ensure the document is available to persons likely to have an interest in the matters to which the document relates.

Stationing of vehicles

17.  The stationing of vehicles is only permitted on hard surfacing.

18.  When stationed, a vehicle must not have its engine idling without the express authority of the site operator.

PART 2 Construction

19.  No works of construction may commence until a construction management plan for the development has been submitted to and approved by the Scottish Ministers. The plan must comprise details of policies and procedures to be complied with in connection with the construction of the development in relation to—

(a) engagement with relevant owners and occupiers, including complaints handling,

(b) application of best practicable means to minimise noise, vibration and emissions to air,

(c) application of best practicable means to minimise the adverse effect of lighting on the amenity of relevant owners and occupiers, ecological receptors and road users,

(d) sourcing, placing, managing and storing of construction materials, including, where appropriate, the stripping, storage and re-spreading of soil,

(e) management of waste in accordance with the waste hierarchy,

(f) pollution prevention and control,

(g) preventing damage to trees to be retained on the site, or trees immediately adjacent to any works on the site,

(h) management of construction traffic, including measures to prevent the deposit of mud and construction materials on the highway,

(i) the management of invasive species, and

(j) where appropriate, the appointment and retention of a suitably qualified archaeologist, arboriculturist, ecologist or ordnance specialist to oversee works,

and references to “the CMP” in the following paragraphs of this Part are to that plan as approved by the Scottish Ministers from time to time.

20.  A copy of the CMP must be kept on the site at all times.

21.  A non-technical summary of the CMP must be published.

22.  Construction works must be undertaken in compliance with the CMP.

23.  The CMP and the published non-technical summary of the CMP must be kept under review and updated as necessary throughout all construction works.

24.  Prior notification of the intended commencement of development must be given to the Scottish Ministers and the planning authority, and such notification must include—

(a) the address and location of the development (including a site plan in the form prescribed by article 4(2)(b)),

(b) the name and address of the owner of the site,

(c) a description of the development, and

(d) the date on which it is intended that any material operation (as defined in section 27(4) of the Town and Country Planning (Scotland) Act 1997) will first be carried out.

PART 3 Commencement of operational use

25.  The developer must—

(a) as soon as practicable after doing so, give notice of the completion of the development to the Scottish Ministers and the local planning authority, and

(b) give notice of the date on which the development is to become operational to the Scottish Ministers and the local planning authority.

PART 4 Operation

26.  No use other than works of construction and tests of the operation of the development may commence until an operational management plan for the development has been submitted to and approved by the Scottish Ministers. The plan must comprise details of policies and procedures to be complied with in connection with the use and operation of the development in relation to—

(a) engagement with relevant owners and occupiers, including complaints handling,

(b) dealing with adverse weather, incidents and protestors,

(c) emergency response,

(d) inspection, maintenance and repair of hard surfacing, surface and foul water drainage systems, fire hydrants and emergency water supplies,

(e) managing traffic associated with the operation of the development, including—

(i) the management of vehicles moving between the site and the strategic road network (being the trunk roads for which the Scottish Ministers are the roads authority), and the provision of signage for their drivers, and

(ii) preventing vehicles carrying goods specified in paragraph 4 of Part 1 of this schedule from having access to, or being stationed on, the site,

(f) pollution prevention and control,

(g) prescribing limits on levels of noise and emissions to air that will be adhered to during the operation of the development, and monitoring and management measures to secure adherence to those levels,

(h) managing waste and waste disposal in accordance with the waste hierarchy, and

(i) managing and enhancing biodiversity,

and reference to “the OMP” in the following paragraphs of this Part are to that plan as approved by the Scottish Ministers from time to time.

27.  A copy of the OMP must be kept on the site at all times and the use and operation of the development must be carried out in compliance with the OMP.

28.  A non-technical summary of the OMP must be published.

29.  The development must be operated in compliance with the OMP.

30.  The OMP and the published non-technical summary of the OMP must be kept under review and updated as necessary during the use and operation of the development.

PART 5 Reinstatement

31.  A reinstatement plan must be submitted to the Scottish Ministers no later than 6 months before use of the land is to discontinue in terms of article 3(4)(a).

32.  Reinstatement works must not be commenced until the Scottish Minsters have approved the reinstatement plan.

33.  The reinstatement works must be carried out and completed in accordance with the approved reinstatement plan.

34.  A non-technical summary of the approved reinstatement plan must be published.

Article 2(1)

SCHEDULE 3 Engagement Parties

1.  Scottish Fire and Rescue Service.

2.  Dumfries and Galloway Council.

3.  Scottish Environmental Protection Agency.

4.  The Police Service of Scotland.

5.  The COMAH competent authority being the competent authority within the meaning of regulation 4 of the Control of Major Accident Hazards Regulations 2015(10) (if the site or any part of it is in, or includes, a safety hazard area).

6.  Scottish Natural Heritage.

7.  Historic Environment Scotland.

8.  Owners of any part of the site.

9.  Relevant owners and occupiers.

10.  Community Councils—

(a) which have been established by under Part 4 of the Local Government (Scotland) Act 1973(11), and

(b) whose—

(i) area includes the whole or part of the site, or

(ii) boundary at any point adjoins any part of the boundary of the site.

(1)

2000 asp 10.

(2)

1997 c.8. Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17) and amended by section 51 of the Planning (Scotland) Act 2019 (asp 13).

(3)

1997 c.9. Sections 1 and 61 were amended by schedule 3 of the Historic Environment Scotland Act 2014 (asp 19).

(4)

1979 c.46. Sections 32A and 32B were inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3) and amended by paragraphs 37 and 38 of schedule 3 of the Historic Environment Scotland Act 2014 (asp 19).

(5)

2004 asp 6. The definition of “site of special scientific interest” was inserted by section 37(4) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

(6)

See command paper 9424.

(7)

Available at https://map.environment.gov.scot/sewebmap/ or by contacting Scottish Natural Heritage, Great Glen House, Leachkin Road, Inverness, IV3 8NW.

(8)

S.I. 2003/403 as relevantly amended by S.I. 2016/795.

(9)

Copies can be obtained at http://www.unece.org/trans/danger/publi/adr/adr2019/19contentse.html

(10)

S.I. 2015/483.

(11)

1973 c.65.