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SCOTTISH AUTO-CYCLE UNION LTD.

28 WEST MAIN STREET, UPHALL, BROXBURN

WEST LOTHIAN EH52 5DW

Tel: (01506) 85835 Fax: (01506) 855792

Mr Franck David Assistant Clerk of the Public Petition Committee Scottish Government

Response to External Comments relating to Petition 1100

In response to the submissions to the Petition Committee from the Royal Town Planning Institute and COSLA

In response to the COSLA submission Across Scotland, local authorities are fully committed to developing innovative methods to tackle and prevent anti-social behaviour. It would however be inappropriate for COSLA to comment on issues relating to specific councils.

Yes local authorities across Scotland are fully committed in attempting to address anti- social behaviour. I know, as I am contacted by many various LA Departments and Agencies seeking advice. The drive to make provision, normally attracts full support by local MSPs, Councillors, Senior Officers and other Government Agencies such as SNH and the Police The answer to the problem can only be truly dealt with through current Planning Legislation being changed COSLA, were invited in 2007 to be part of the SACU National Steering Group, set up to deal with the issue of illegal motorbikes in Scotland. They declined the invitation, saying that the subject covered so many issues, that they didn’t have any one with the expertise to represent COSLA (My personal thought were that surely that was a good reason to come to the table, as a voice of all local authorities in Scotland, as this petition is not about any one Council but for all Councils in Scotland)

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Royal Town Planning Institute Response “The designation of particular sites for off road motorcycle activities may lead to social benefits as noted. In addition, such sites may be beneficial in guiding participants to well managed facilities and in so doing, protect against damage which may result from informal and unsupervised use of areas of countryside. However, any plans for the location of safe local and national off road motorcycle facilities will need to balance and take into account a range of concerns regarding accessibility, noise, and impacts on local environments”.

Response to the RTPI We welcome the reconnection by Royal Town Planning Institute (RTPI) that creating particular sites may lead to social benefits Yes motorcycle sports are required to meet planning regulation. There is also a need for the Scottish Government to review the current status and consider the wider benefits needed for providing new guidelines for Professional Planners and others, to allow a level playing field in promoting an understanding that by creating proper facilities there are many other benefits for the wider society.

To cover this response we have looked at the New SPP11Open Spaces and Physical Activity (November2007) but also the NGG11 which it now supersedes, but by reviewing both within this submission, it highlights the difficultly in establishing facilities because of the complexity of issues related to acquiring land for this activity through planning. I have attached a report which highlights sections of both Open Spaces and Physical Activity documents, which give the impression that the mechanisms are there to establish facilities, but in reality, either through professional perceptions of this topic, along with the need to establish proper technical support and guidance on facility design, there should be a modern approach to mitigation, and looking to the short and long term changes Through the current development of Electric and Hydrogen machines, as they relate to the National Planning Framework for Scotland 2 The Government Planning Guideline SPP11 has within it, Government expectation of having equal opportunities for all sports, providing proper accessibility to quality. Provision for motorsport in the future, must be an urgent goal in making Scotland a Stronger, Fairer, Safer place to live

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Our response to the North Lanarkshire Submission in support of the content of our petition

We are pleased with the comments and commitment by the Council in establishing the partnership in 2002 to address the illegal issue, and in creating a facility with ongoing support. This council is the flagship in the UK. But as a council they also have identified that change need to happen within the current planning system, we welcome, and thank North Lanarkshire for supporting our petition

SACU Comments on Motorsports Planning

Only one Scottish Local Authorities Planning Department, North Lanarkshire have been in contacted the Scottish Auto Cycle Union, the National Governing Body in Scotland. Being advised by myself in seeking advice in reviewing a planning application about establishing a private off-road facilities

We have a situation in Scotland where some private facilities are working outside the 28 day planning consent. Some tracks are poorly maintained and fall far outside conditions required by the national governing body rule book.

We recently have also experienced a Local Authority Planning Department seeking technical advice, concerning a planning application re the private sector building track facilities. These facilities after being constructed by owners, then sought retrospective planning permission after the track is completed The question to be asked, is, where do Professional Planners acquire the technical information concerning design and required managing of such a facility and to who and what guidelines are adhered to? We are aware of one LA Planning Department looking at twelve site and finding them all unsuitable (was this a case of we look, but sorry?)

We have a situation on a full planning application where permission has been denied on a site which has live planning permission for motorsport “because someone may complain”

One club got planning permission from their planning department, they built a track at their expense, using it only at weekends, due to complaints they were stopped, then given an extension of six months. After the period it was closed

It would seem that while the planning act gives the impression that there is a mechanism to deal with the provision, in reality that is not the case

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Recreation Biking club are about Communities or a Community having a local facility to provide opportunities for young people to benefit in the following areas, Training, Coaching, Safety and Health through engagement in this sport /hobby, reducing anti social behaviour, being diversionary and promoting Citizenship

Requirement: That event site be provided, and to be suitable for a track being established in agreement of frequency and time of use. The conditions being agreed as to the surrounding on the facility

Differences between Race and Recreation Sectors Race Clubs events are on a national round robin where each club only need to provide four to five events each year, normally on one site, so there is limited disturbance to surrounding communities. Recreation Biking is non competitive and is about fun and enjoyment and is different to mountain biking, football etc being able to access a local facility, while noise may be a problem, mitigation can be achieved through proper track design and conditional agreements being imposed.

What is the future concerning this topic if we choose to ignore the problem? If the Government does not address this problem in a positive way by recognising the wider benefits that there is an urgent need to provided facilities through Local Authorities in Scotland, then many young people will be criminalised for having a hobby. Is this how we intend to continue to treat the young people of Scotland?

We are in great need of joined up thinking on this matter. The topic is part of a multi million pound industry equating in thousands of jobs, income and VAT taxes and fuel duty to the Exchequer. At present we have a major negative cost associated by policing the matter and along with local Authorities having to commit staff and meet the repair costs. Many countryside enhancing programmes are experiencing damage to the investment of Government grants which is in the region of millions of pounds

Plus the impact on Society

Having proper facilities with a national recreational club structure supported by SACU- Parents and Volunteers have been established for six years in North Lanarkshire and Fife winning many national accolades and meeting all the Scottish Government targets Fairer, Safer, Healthy,

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Review opinions Look at Grants/Allowances / Subsistence to Farmers /landowners in releasing ground to clubs to develop either through a leasing /rent or in partnership Review Government support where the Farmer diversifying into Bio-fuel makes the Farm and Track facility Carbon Neutral

Centre of Excellence North Lanarkshire Centre of Excellence Plan would be designed to a policy on a Sustainable and Renewable Centre. Develop Solar, Wind, Rain Water Storage Water Sewerage Treatment Filtration System, This full time facility will strive in its design and operation to be also 100% carbon neutral It will also be an Experimental Centre in trailing various developments Electric and Hydrogen bikes which are silent The centre will be established as a baseline Research Centre for Universities and Colleges Priority-Topics identified to be included to Monitor Impact on the sites Biodiversity Centre Conservation Plan - Habitat Management Impact and benefits on Public Health Impact of the Centre ability to deliver Social Diversionary Programmes Technical Research into using Renewable (site, track, drainage etc) Training Establish a Partnership with Colleges in using the facility for students from Mechanical Courses Students Work Placements Rider Training and Assessment with National Recreational Licence National Comprehensive Programme of Training in establishing support of local clubs Riders and Officials Centre Opportunities Provide Club Event Opportunity for rider train and practice New Rider Induction Classes Cooperate Days National Race Events - possible International events

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Job Opportunities Full and Part Time, also Voluntary placement

This positive approach of addressing a major national problem, is being held up on a Planning Department’s attitude of “may be, someone may complain”

In Conclusion

Over the last six years we have develop a quality product in Scotland, which engages young people with a passion for their sport, to give them sporting opportunities, keep them within the law, to be good citizen and learn new skills and ability A programme which is being adopted by parents and communities, be it, in Cities Townships, Rural and Island Communities

This module is being copied throughout the UK

We need our Government to build for the future, to let young Scots develop their potential by having proper facilities

Please read our attached report

Yours sincerely,

Bob Reid. SACU (Director of Leisure) April 2008

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Response to Comments to Petition 1100

Relating to Off-Road Motorbike

Report to

Petition Committee

Second meeting 15th April 2008

APRIL - 2008

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Introduction

This report to the Scottish Government is in support of the comments received back from the Petition Committee dealing with petition 1100 seeking a meaningful review and suggested solutions in addressing the issue of Motor Cycle Off-Road Facilities in Scotland as it relates to the new Scottish Planning Policy SPP11 Open Space and Physical Activity. (November2007) and also from the existing NGG11 Open Spaces and Physical Activity

We hope to bring to Ministers and MSP’s attention various sections of SPP11 as the policy actually applies to seeking to establish Motorsports facilities

Response to the RTPI We welcome the reconnection by Royal Town Planning Institute (RTPI) that creating particular sites, may lead to social benefits

 “The designation of particular sites for off road motorcycle activities may lead to social benefits as noted.  In addition, such sites may be beneficial in guiding participants to well managed facilities and in so doing, protect against damage which may  result  from  informal and unsupervised use of areas of countryside.  However,  any  plans  for  the  location  of  safe  local  and  national  off  road motorcycle  facilities will  need  to  balance  and  take  into  account  a  range  of concerns regarding accessibility, noise, and impacts on local environments”.  Motorcycle sport is required to meet planning regulation, there is also a need for the Scottish Government to review and consider the wider benefits needed for providing new guidelines for Professional Planners and others, to allow a level playing field in promoting an understanding that by creating proper facilities there are many other benefits for the wider society.

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What is required for creating a facility? Young people within a certain growing recreational interest are being disadvantaged by the Planning Act under Article 12 of the General Development Procedure Order 1992 paragraph 96 on bad neighbour development) which classifieds Motor Cycling as a bad neighbour development. We are concerned that in 2008 that any Planning Act is still using this “definition” It’s use is unfair, as it presumes that certain neighbour are bad, while not taking on board that modern planning, design and construction methods along with facilities management, can contribute to reducing and mitigating noise etc, leading to possible acceptance

The Interpretation of the Planning Act is stacked against any meaningful provision of off-road facility, along with the need for establishing a modern professional perception of the topic. We identify within the Scottish Government Planning Act - Sport, Physical Recreation and Open Spaces SPP11 that there are mechanisms to progress the creation of facilities “But up until now, there has been a lack of willingness”

We wish to bring to the Committee’s attention the various benefits which have been achieved and are currently contributing to setting the Government’s targets Fairer, Healthier, Safer, outlined as targeted benefits in the various sections of the SPP 11 Open Space and Physical Activity We hope that through a meaningful review, this topic will assist in indentifying the need for providing proper Off Road facilities throughout Scotland

(Which has, and is currently being achieved at present through merger provisions)

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• NPPG11 1) Sport and physical recreation are important components of civilised life and have valuable social, economic and educational roles. Sport has been defined as "all forms of physical activity which through casual or organised participation aim at improving physical fitness and mental well-being, forming relationships, or obtaining results in competitions at all levels" (Council of Europe 1992). Participation can help to improve an individual's health and sense of well-being, and the promotion of sporting excellence can help foster civic and national pride.

Response Scotland’s off-road activity clearly meets all the aims outlined above plus personal and collective pride and provides training and skills with opportunity to achieve national titles

• Comment to SPP11 Summary Open spaces and other opportunities for sport and recreation are a vital part of Scotland’s urban and rural communities. Scottish Ministers are committed to strengthening protection for existing open space resources and ensure that the future needs of all communities are planned for. This SPP set out national policy on planning for open space and facilities for sport and recreation.

We welcome the Government’s drive to create opportunities for sport and recreation and that there is to be a national policy on planning. May we ask that the provision of off road motor biking facilities will be comprehensively included in such a strategy?

• Pan 77 Designing Safer Places: Community safety is now a Government strategic priority for a range of key players who collectively can build safer, more inclusive, healthier and more vibrant. The Scottish Auto Cycle Union and the establishing of local Recreational Clubs are major players in resolving the problem of misuse of motor bikes and Quads in and around most communities

The key objectives of the SPP11 are:

• To Protect and enhance open spaces:

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By establishing proper facilities in Scotland, through setting up much needed facilities, it will reduce further major damage and danger to the countryside and open space users, and also reduce the damage and disturbance to communities, wildlife and habitats. (Example, one recreational club completes 75,000 kilometres each year on a very small site of 12 acres and within a constraint of complying too only providing minimum opportunities, being held to working within the 28 day planning rule)

• SPP11 To ensure a strategic approach to open space and other opportunities for sport and recreation by requiring local authorities to undertake an open spaces adult and prepare a strategy for their area:

Will the Government recognise that motor sport clubs need provision on equal standing with other sports and recreation, and that Local Authorities within their open spaces planning, identify suitable sites and that any Government new planning guidelines be drafted to give specific planning guidance to professional Planners as to the technical requirement in the designing of such facilities

• SPP11 To Protect and support opportunities for sport and recreation

The Scottish Sport Council identify Scottish Auto Cycle Union as the governing body for Motor Cycling in Scotland. There is a serious need to establish a rebus system to establish that existing and new facilities meet established guidelines in its design and management of such facilities. Be it for Local Authority, Private or Voluntary (clubs) there is a need for establishing a national framework which brings a guarantee

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for the paying user, that all facilities in Scotland are of the required design and managed to meeting the Health and Safety Executive for Motorsports guidelines. That the Government consider the National Governing Body (SACU) to be considered as the agency to fulfil this important and necessary void, as the only organisation in Scotland qualified to deliver national standards

SPP11 – 62 In order to encourage participation, facilities must be of good quality and be well maintained

• SPP11 To provide guidance on planning for development of new indoor and outdoor facilities for sport and recreation:

To resolve the need for facilities, there is now an opportunity to establish national guidelines associated with motocross, which as a sport /hobby can be sighted in-door or out-doors or a combination of both. We seek in the future, that planners are better placed to make comprehensive informed decisions concerning motocross, where guidelines seek that the most current information and developments relating to the sport/hobby is sought in fairly dealing with planning application

• Introduction Within the following SPP11 sections, our submission will only give comment as to how we see each point. Relate to what we currently deliver at present, and our views on the requirement for Planning for the future of off-road machines.

1) What we are achieving through promoting and assisting organising recreational biking facilities, which engages young people and their parents and through this method, developing community clubs. We currently meet an important need in diverting illegal biking away from open spaces and communities

2) SPP11 Replaces NGG11 Sport, Physical Reception and Open Spaces

- a) Open Spaces:

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- b) Physical Activity: SPP11 refer to all types of formal and informal physical recreation, exercise, sport etc We seek that Off-road motor biking be recognised and fairly viewed with all other sports and that the sport /hobby is extremely demanding in physical and mental agility

- c)Reference to SPP11 Policy Context 10 We would like to seek some assurance that the full content of the paragraph will be encapsulated in the Scottish Government, its agencies and local authorities, accepting the real need for facilities

- 23 SPP11 Open Spaces Audit and Strategy In order to deal strategically with open space provision...........

29 SPP11

We would welcome that within any open spaces audit that local clubs requirement are sought, and includes within the big plan concerning communities, as motor biking is a part of the community with a need

Call for the need of guidelines

- NPPG11 3) Scotland's sporting and recreational facilities are an important attraction for tourists and for inward investing companies. In addition, people pursuing outdoor activities are attracted by the high quality and extensive range of leisure opportunities provided by the natural environment.

Off-road motor cycling has a lot to offer tourists and inward investment, such as the annual Scottish Four day Trial is valued in the Millions to the Fort William Area annually Scotland in 2008 are hosting an International Motocross Youth Event over four day in the Borders

There is a need to establish for the future, what current motor bike development is taking place, such as the clean power Electric and Hydrogen Bike Technology which will bring quietness into the countryside.

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This NEW technology is being developed in USA and in China and while it still needs ongoing development, it is the future, an area to which Scotland could take great advantage improving quality tourist facilities

Health and Welfare

4 Appropriate physical exercise - 5 Exercise etc ............ All outcomes from these two sections on health benefits are being achieved at club level for young members and their parents. Because of the required structure of managing events with very few accidents require Hospital treatment Illegal biking sites are where serious accidents and fatalities occur to riders and the general public

6 A substantial cross section of the population in both urban and rural....... We have one club in Scotland with a 300 plus membership from a 60 kilometre radius from Urban and Rural communities, from twelve council areas and from over 100 communities. Establishing a Youth Council with transcends that large catchment of areas

The North Lanarkshire club awarded the Labour Party Award for Social inclusion and Cohesion in Communities in the UK 2005 Awarded the Queen’s Award for Voluntary Service 2007

7 Sustainable Developments

Sustainable Development - The UK Strategy takes this further and identifies a sustainable framework which aims to:

• maintain the quality of the environment in which leisure takes place for future generations to enjoy;

Through proper design and site management of facilities, with good Conservation and Habitat planning which is at present being promoted through SACU National Code of Conduct and Land Access & Recreation Association (LARA)

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• contribute to the health, well-being and quality of life of those taking part in leisure activities without destroying the natural resources upon which leisure depends; and ensure that leisure activities are a major means of creating awareness of, and appreciation for the environment.

By providing our structure, where participants are introduced to a programme of Environmental Awareness and responsibility through their chosen recreation In Scotland we have the First Carbon Off- Set Motor Biking Club in the United Kingdom ,who pays for their the carbon they create through their recreation, and the young members plants 2000 trees each year

8. Providing opportunities for sport and recreation near to where people live..... We are seeking for communities to be supported to be able to establish local facilities, where Parents /Volunteers are committed to resolve local issues within their communities and to provide facilities and keep their children within the law. SNH, Paths for All Partnership and Community Forest are aware and support the work and concept of establishing such clubs Recreation Clubs already work with other Partners the Police, Anti Social Task Forces, Social Work, Restorative Justice and Communities in resolving illegal issues in and around communities and engaging young offenders

- 9. But the relationship between sport and the environment..................... The Environmental Impact of Leisure Activities- Environmental impacts- Motor Bikes have some adverse effect on the countryside, this is mainly through the illegal, indiscriminate access onto private or public land and facilities The Sport and Recreational Clubs are required to meet stringent national rules including a National Code of Conduct, managing machine noise and designing facilities to mitigate disturbance to residents and wildlife. Overcrowding, traffic disruption, erosion loss of vegetation, disturbance and danger to other countryside users are normally associated by people taking illegal access on to land without permission, and are responsible for the bulk of the environmental damage. If proper facilities are established most people who use the countryside would use them as the facilities do provided better challenges

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There is a group of adult riders who take illegal access into the wider countryside taking liners access over long distance routes through forestry tracks. This is an area which also needs to be addressed, if we wish to protect the wider countryside and its other users Central Scotland could be a starting place to develop the establishment of a 40-60 kilometres liner route through North and South Lanarkshire and West Lothian using Forestry Plantation, old disused railway tracks and wind farm roads in association with Farmers /Landowners Riders from outside Scotland will be attracted to access such a facility bringing social and economic benefits.

It is worth putting into perspective that Scotland has 5,883,000 -Hectares of land under Agriculture of which 69% is rough grazing A Centre of Excellence serving Scotland would take up around 20-40 hectares

National Planning Framework 2 (Section17) Over 100km 2 is classed as vacant and derelict land with 25% being in Glasgow and Lanarkshire (section178) identifies under Vacant and Derelict Lands that Scotland has 10,400 ha with 36% being unused for at least 20 years with the bulk being within Lanarkshire.

(Section 179) The national campaign to clean up contaminated Land could become a opportunity in having a joint project

10. However, environmental impacts are not easy to prove....................

A Centre of Excellence would be a test-bed to monitor the environmental impact of such facilities. The centre would through a period of time be able to establish sound research into any possible impact by the sports on the site’s Flora and Fauna It is worth stating that such a centre would be developed with a comprehensives Environment, Conservation and Habitat Management Programme To date we cannot find any evidence of such research work being carried out elsewhere within the UK that proves that Off-road Biking is detrimental to the wildlife surrounding or using track facilities

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12. Forests are valued not only for their commercial potential but also for recreation, nature conservation, and landscape enhancement..........................

12. Forests are valued not only for their commercial potential but also for recreation,..............

There are opportunities for Enduro and Motocross track facilities to be established near to communities with leases being considered at present by the Forestry Commission to communities on Arran and at Lochgilphead There are examples in Scotland where the Forestry Commission have acquired land for planting out as Community Deciduous Woodland (Local carbon sinks) on an area where communities have traditionally used for biking. Why can’t a local partnership be established to provide a Community Local Tracks be built into the design of these woodlands

There is a need for greater access of Trials Biking Trails and opportunity to provide event within the Forest to allow the sport to develop and bring benefits to the surrounding communities

13. The Scottish Sports Council (SSC) is the national body responsible for the promotion and development of sport and physical recreation in Scotland...................

Funding This discipline also has the problem, SACU being the national governing body falls within the remit of sportscotland who contribute nothing to the national governing Body (SACU) to the sport, which raises the question of seeking funding to create Local Facilities and or a National Centre estimated to exceed 1to 3Million pounds to which the applicants will be barred from applying for Lottery funding, as any applicant will be refer back to sportscotland

Why is this accepted sport/hobby by the Government Sport Agency experiencing being at such a disadvantage? The services which a National Centre of Excellence would provide, along with its geographical location, such, a centre would be accessible by a large population from across central Scotland

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41. Serious crime and vandalism can affect open spaces and in the worst cases make them unusable....

By providing proper biking facilities, the evidence is, it does reduce the criminal damage to open spaces, giving young riders new and challenging experiences associated through using properly designed club facilities, which can offer to fulfil their personal expectations of themselves and their machine. By establishing facilities various Police forces have experienced a major reduction in complaints, which equates in one Police divisions, making a saving in police time investigating complaints a saving exceeding £40,000 per year

44. All playing fields and sports pitches, whether for school use, or owned by national bodies, higher education establishments or other public, private or voluntary organisations, are potentially significant for their sporting value, and for their value to the local community and the environment,...................

45. Councils have, for some years, been encouraged by the Government to make use of their schools for community recreation purposes............. Mini Moto bikes only require a tarmac area the size of two to three Tennis Courts to which school play grounds are well suited to provide a temporary track, easily constructed by using road cones. Targeting certain times, evening and or weekends engaging parents and volunteers through skill training required to deliver the organised events

Summary

49. Councils will need to consider intensive facilities carefully especially where there is a requirement to advertise them under Article 12 of the General Development Procedure Order (see also paragraph 96 on bad neighbour development). The factors to take into account include strategic considerations of location and distribution in relation to need, the local environment, the population density, residential amenity, proximity to public transport, access for disabled people, noise, traffic and parking, and if appropriate the relationship to existing open space and grass pitches. Former mineral workings may provide suitable sites for a wide mix of sports such as water sports and motorsports, and quarries may in addition provide ideal conditions for climbing or artificial ski slopes.

Certain types of mineral working in Central Scotland are unsuitable for use due to high levels of contamination, which raises the issue why certain sports/hobbies are being directed to such sites The content of disused

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Ironstone and Coal Bings have a high level of toxic materials Is our Government willing to pay for the rehabilitation of such sites within any planning application for a biking facility? No other sports/hobby National Governing Body would accept such sites, as suitable for their use.

Access Routes and Rights of Way

51. Footpaths are an important recreational resource..................... 52. Councils are under a duty to assert and protect Rights of Way......................... 53. Publicity for rights of way.................

By providing proper biking facilities, it will reduce the problem of illegal use of such paths which many are now part of Core Path Networks under the Scottish Land Reform Act 2003 to which the extensive investment of upgrading can be protected from illegal abuse because riders will be attracted to proper challenging local tracks

Former Railway Land and Tracks 54 Disused railway tracks have the potential to provide recreational opportunities in urban areas and the countryside. Disused tracks could well be viewed as part of any long distance motor biking routes linking with forestry tracks, within providing such facility, the crossing of roads may need to be accommodated by small changes to the Highway Code

Urban Fringe

55. Councils should consider the provision of recreational facilities and increased public access to open land on the urban fringe, providing this is compatible with existing uses. On the urban fringe the protection or creation of open space, including linear features, for amenity, wildlife, landscape and heritage conservation or recreational purposes is no less important than in inner urban areas. Provision of open air facilities normally found further afield may also help to reduce the amount of travel, particularly by car. Accessibility by public transport will be important, particularly for facilities attracting young people such as skate parks and other centres for `alternative sports'.

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We experience in Lanarkshire, West Lothian and Ayrshire illegal bikers travelling long distances to take illegal entry to land from Perth, Fife, Edinburgh, Ayrshire and Carlisle

56. The Local Plan should identify where sites for recreational use may act as an important buffer between urban and agricultural uses to help protect crops and animals from damage. Councils are asked to give favourable consideration to forestation proposals for Community Woodlands in urban fringe areas, and possible diversification initiatives on agricultural land for recreational pursuits. It is important, where possible, to enhance the network of public paths in these areas (see paragraphs 51 to 53) and make them available for cycling and horse riding as well as walking. Where proposals for recreational initiatives are considered, nature conservation interests should be taken into account. Recreational opportunities may also arise in connection with new developments on the urban fringe, such as business and industrial parks. On the urban fringe consideration should be given to:

• use of recreational sites as a buffer to agricultural land; • establishment of new woodlands for recreation ; • changes of use from agriculture to sport or recreation; and • enhancing the network of public paths for a range of users.

Opportunities in allowing diversification towards biking facilities being accommodated through new funding packages involving the Farming Community

62. At the same time, the provision of sport and recreation facilities in rural areas has an additional significant purpose in contributing to the retention of population and in promoting tourism, hence having an impact on the rural economy. Concerns about rural recreation relate to conflicts between active sports such as mountain biking, canoeing, off-road driving and motor cycle scrambling and passive or quiet enjoyment of the countryside such as walking, mountaineering and fishing. More generally, there is concern about the environmental impact of recreational pursuits and their related developments, their relationship to rural land management, and how they can be harnessed to bring benefits to the rural economy without posing a risk for landscape, nature conservation and rural management objectives

Proper facilities provided for motor cycle scrambling will promote tourism and benefits to the rural economy through possible employees and local service sourced for the management and maintenance of the facility

Motorsports

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78. Motorsports comprise a number of skilled competitive activities for motor cars, motor cycles and karts. They include a wide range of events on special circuits, over rough tracks and on public roads. For example, rallying has growing support and has operated successfully for many years using forestry roads in controlled conditions. A positive attitude to making provision for these sports should help to locate them where issues such as noise and dust, traffic generation, disturbance of wildlife and livestock, and in some cases soil erosion, can be properly addressed. The provision of planned facilities may help to control informal or unauthorised use in inappropriate places such as playing fields. Such requirements should be identified in liaison with the participants, the relevant governing body and the SSC

79. Where there is a clear demand for motor sports, or councils have undertaken a study to identify demand in relation to existing facilities, it is important that the council seeks to identify sites which will minimise conflicts with other uses.

Criteria for the selection of sites for regular use must include the potential impact of the activity on the site and on adjacent land use and nearby residents. Suitable sites can often be found; they could include degraded land, former mineral sites or set-aside farming land.

They may be adjacent to an existing source of noise such as a main road, or in locations screened by banks and trees. It is important that they be secured against unauthorised use.

If the governing body of the relevant sport has produced a code of conduct for use when organising events, this should be consulted when seeking to resolve problems with existing sites or considering new ones. In providing for motor sports:

• councils should take a positive role in the context of their development plan work; and

• sites should be identified and proposals considered on the basis of minimising conflicts and adverse environmental effects.

Only one Scottish Local Authorities Planning Department have at any time contacted Scottish Auto Cycle Union the National Governing Body in Scotland concerning them seeking advice on establishing facilities, be it private, local authorities or the volunteer club sectors

Noise and Sport

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83. The impact of noise is an important issue for sports such as shooting, war games, motorsports, powered water sports and air sports, and also for some spectator sports. Steps can sometimes be taken to reduce it at source, but most noisy sports ought to be located where their impact can be minimised by landform or woodland. Former mineral workings may provide opportunities. Strategic planning of use of different areas of land or water, or parts of them for different sports may be the best solution, though securing bye-laws is known to be difficult. General guidance on planning and noise is given in SDD Circular 23/1973 and the attached Memorandum. The Control of Pollution Act 1974 and the Environmental Protection Act 1990 enable the Secretary of State to approve codes of practice giving guidance on appropriate methods of minimising noise. A code on noise from model aircraft was issued in 1982. Further draft guidance on Planning and Noise will be issued during 1996. Accordingly:

noisy sports should be located where their environmental impact can be contained and minimised.

Structure Plans

92. Structure Plans should set out a long term vision for meeting sporting and recreational needs Local Plans

93. The preparation or alteration of a Local Plan provides the opportunity to assess local needs for sporting and recreational facilities in relation to local levels of provision Both Structure and Local Plans need to include and identify that Motor Biking in its various disciplines require to be considered the same as any other sport or hobby and that the guidelines and advice of NPPG 11is upheld

94. Policies should be prepared after close co-operation between the planning department, the department responsible for sport and recreation and other council departments with an interest, particularly education. The Scottish Sports Council should be consulted. Accordingly, local plans should:

• apply the policies and strategy of the Structure Plan;

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• have regard to the recreational needs of all members of the population including disabled people, the elderly and children;

• identify existing sports facilities, parks, open spaces, pitches and playing fields, and show those important for protection on the Proposals Map;

• indicate how unmet demand for facilities, including those identified in the Structure Plan, may be satisfied;

• indicate the circumstances in which the council will seek to use Section 50 Agreements;

• indicate the sites where proposals to satisfy unmet demand can be located, including, if appropriate, sites for open space in urban areas;

• include policies to protect and enhance existing open space, including public parks and playing fields and other land of recreational, amenity or wildlife value;

• prevent the piecemeal erosion of playing fields and pitches through a succession of small developments over a long period;

Bad Neighbour Developments This Title – puts any planning application for motor bike facilities at a disadvantage- gives a persuasion of being BAD

96. To safeguard the amenity of existing areas, a number of developments are subject to special statutory procedures. Applied sensitively these may require some proposals to be refused, but in general most urban areas should be able to offer suitable locations for the range of developments that are likely to be required. The procedures are specified as applying to a number of projects including motor car or motor cycle racing, a swimming pool, skating rink, building for indoor games and a gymnasium not forming part of a school, college or university (these are defined as `bad neighbour' developments under the General Development Procedure Order 1992).

97. Other developments not specifically listed in the GDPO may also be defined as 'bad neighbours' in Schedule 7 if the construction, operation and use of buildings or land would:

• affect residential property by reason inter-alia of noise or artificial light; • alter the character of an area of established amenity; • bring crowds into a generally quiet area; • cause activity and noise between the hours of 8pm and 8am; and • introduce significant change into a homogeneous area.

Councils will need to apply discretion to this definition as any of these criteria could be applied to many sport and recreation developments. Accordingly:

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• In determining applications for bad neighbour development, councils should exercise discretion regarding sport and recreation proposals, other than those specified in the Order.

Environmental Assessment

98. The Environmental Assessment Regulations list the projects which might give rise to significant environmental effects. They include: a ski-lift or cable car, a racing track for cars or motorcycles, a holiday village, and a yacht marina. Where a sports or recreational facility is part of an urban development project it might also be a candidate. For other projects the normal means of planning control should enable the council to gather sufficient environmental information for their determination to be fully informed. The consultations required by the GDPO will assist in this. More detailed guidance is set out in SDD Circular 13/1988.

Conditions and Planning Agreements

99. Planning permission for a new sporting or recreational facility is likely to be subject to conditions such as times of operation, parking provision, public access, restrictions on use and ancillary development. Conditions can also be used to ensure that the sporting or recreational element of a mixed development is implemented as proposed. The guidance given in The Scottish Development Department Circular 18/1986 - The Use of Conditions in Planning Permissions should be followed.

100. General policy on the use of agreements made under Section 50 of the Town and Country Planning (Scotland) Act 1972 is set out in The Scottish Office Development Department Circular 12/1996. Within that policy context it is for authorities to consider circumstances in which such agreements may be appropriate to secure the provision or enhancement of public open space and sporting, recreational, social, educational or other community facilities if a major development proposal is to be able to proceed.

101. In dealing with applications for planning permission, councils should therefore:

• have regard to the provisions of this guideline; • make the determination in accordance with the development plan unless

material considerations indicate otherwise; • recognise that accessibility by bus, train, cycle or on foot will be a material

consideration; • consult with the Scottish Sports Council, Scottish Natural Heritage and with any

specialist organisation for a specific sport or recreation; • resist proposals for development or redevelopment of open space unless

special considerations in terms of this guideline apply; • consider the recreational needs of all members of society, including disabled

people, the elderly and children;

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• reconcile the interests of sport and recreation with other land uses, particularly in residential areas, on agricultural land and in the countryside, while protecting the natural heritage;

• give sympathetic consideration to applications from sports clubs seeking to improve conditions for spectators; and

• use planning, and where appropriate other legal agreements, selectively and with discretion.

Appendix 2

Motorsports

One Scottish Local Authorities Planning Department North Lanarkshire contacted the Scottish Auto Cycle Union, the National Governing Body in Scotland. Being advised by myself in seeking advice on establishing facilities, be it private, local authorities or the volunteer club sectors

We have a situation in Scotland where some private facilities are working outside the 28 day planning consent. Some tracks are poorly maintained and fall far outside conditions required by the national governing body rule book.

We recently have also experienced a Local Authority Planning Department seeking technical advice, concerning a planning application re the private sector building track facilities. These facilities after being constructed by owners, then sought retrospective planning permission after the track is completed The question to be asked, is, where do Professional Planners acquire the technical information concerning design and required managing of such a facility and to who and what guidelines are adhered to We are aware of one LA Planning Department looking at twelve site and finding them all unsuitable (was this a case of we look, but sorry?)

We have a situation on a full planning application where permission has been denied on a site which has live planning permission for motorsport “because someone may complain”

One club got planning permission from their planning department, they built a track at their expense, using it only at weekends, due to

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complaints they were stopped, then given an extension of six months. After the period it was closed

It would seem that while the planning act gives the impression that there is a mechanism to deal with the provision, in reality that is not the case

Recreation Biking club are about Communities or a Community having a local facility to provide opportunities for young people to benefit in the following areas, Training, Coaching, Safety and Health through engagement in this sport /hobby, reducing anti social behaviour, being diversionary and promoting Citizenship

Requirement: That event site be provided and to be suitable for a track being established in agreement of frequency and time of use. The conditions being agreed as to the surrounding on the facility

Differences between Race and Recreation Sectors Race Clubs events are on a national round robin where each club only need to provide four to five events each year, normally on one site, so there is limited disturbance to surrounding communities. Recreation Biking is non competitive and is about fun and enjoyment and is different to mountain biking, football etc being able to access a local facility, while noise may be a problem, mitigation can be achieved through proper track design and conditional agreements being imposed.

What is the future concerning this topic if we choose to ignore the problem? If the Government does not address this problem in a positive way by recognising the wider benefits that there is an urgent need to provided facilities through Local Authorities in Scotland, then many young people will be criminalised for having a hobby. Is this how we intend to continue to treat the young people of Scotland?

We are in great need of joined up thinking on this matter. The topic is part of a multi million pound industry equating in thousands of jobs, income and VAT taxes and fuel duty to the Exchequer. At present we have a major negative cost associated by policing the matter and along with local Authorities having to commit staff and meet

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the repair costs. Many countryside enhancing programmes are experiencing damage to the investment of Government grants which is in the region of millions of pounds

Plus the impact on Society

Having proper facilities with a national recreational club structure supported by SACU- Parents and Volunteers have been established for six years in North Lanarkshire and Fife winning many national accolades and meeting all the Scottish Government targets Fairer, Safer, Healthy,

Review opinions Look at Grants/Allowances / Subsistence to Farmers /landowners in releasing ground to clubs to develop either through a leasing /rent or in partnership Review Government support where the Farmer diversifying into Bio-fuel makes the Farm and Track facility Carbon Neutral

Centre of Excellence North Lanarkshire Centre of Excellence Plan would be designed to a policy on a Sustainable and Renewable Centre. Develop Solar, Wind, Rain Water Storage Water Sewerage Treatment Filtration System, This full time facility will strive in its design and operation to be also 100% carbon neutral It will also be an Experimental Centre in trailing various developments Electric and Hydrogen bikes which are silent The centre will be established as a baseline Research Centre for Universities and Colleges Priority-Topics identified to be included to Monitor Impact on the sites Biodiversity Centre Conservation Plan - Habitat Management Impact and benefits on Public Health Impact of the Centre ability to deliver Social Diversionary Programmes Technical Research into using Renewable (site, track, drainage etc) Training Establish a Partnership with Colleges in using the facility for students from

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Mechanical Courses Students Work Placements Rider Training and Assessment with National Recreational Licence National Comprehensive Programme of Training in establishing support of local clubs Riders and Officials Centre Opportunities Provide Club Event Opportunity for rider train and practice New Rider Induction Classes Cooperate Days National Race Events - possible International events Job Opportunities Full and Part Time, also Voluntary placement

This positive approach of addressing a major national problem, is being held up on a Planning Department’s attitude of “may be, someone may complain”

In Conclusion

Over the last six years we have develop a quality product in Scotland, which engages young people with a passion for their sport, to give them sporting opportunities, keep them within the law, to be good citizen and learn new skills and ability A programme which is being adopted by parent and communities, be it in Cities Townships Rural and Island communities

This module is being copied throughout the UK

We need our Government to build for the future, to let young Scots develop their potential by having proper facilities

Bob Reid

SACU Director of Leisure April 2008

Appendix 2

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Yours sincerely Bob Reid SACU (Director for Leisure)

SCOTTISH AUTO-CYCLE UNION LTD.

28 WEST MAIN STREET, UPHALL, BROXBURN

WEST LOTHIAN EH52 5DW

Tel: (01506) 85835 Fax: (01506) 855792

To the Clerk of the Petition Committee

Response to External Comments relating to Petition 1100

In response to the submissions to the Petition Committee from the Royal Town Planning Institute and COSLA

To deal with the COSLA response “Across Scotland, local authorities are fully committed to developing innovative methods to tackle and prevent anti-social behaviour. It would however be inappropriate for COSLA to comment on issues relating to specific councils.”

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Yes local authorities across Scotland are fully committed in attempting to address anti- social behaviour. I know, as I am contacted by many various LA Departments and Agencies seeking advice. The drive to make provision, normally has full support by local MSPs, Councillors, Senior Officers and other Government Agencies such as SNH and the Police The answer to the problem can only be truly dealt with through current Planning Legislation being changed

COSLA, were invited in 2007 to be part of the SACU National Steering Group, set up to deal with the issue of illegal motorbikes in Scotland. They refrained the invitation, saying that the subject covered so many issues, that they didn’t have any one with the expertise to represent COSLA (My personal thought were that surely that was a good reason to come to the table as a voice of all local authorities in Scotland as this petition is not about any one Council but for all Councils in Scotland)

Royal Town Planning Institute Response

Response to the RTPI We welcome the reconnection by Royal Town Planning Institute (RTPI) that creating particular sites may lead to social benefits

 “The  designation  of  particular  sites  for  off  road motorcycle  activities may  lead  to  social benefits as noted.    In addition, such sites may be beneficial  in guiding participants  to well managed facilities and in so doing, protect against damage which may result from informal and unsupervised use of areas of  countryside.   However, any plans  for  the  location of  safe local and national off road motorcycle facilities will need to balance and take into account a range of concerns regarding accessibility, noise, and impacts on local environments”.  

Our response to the North Lanarkshire Submission in support of the content of our petition

We are pleased with the comments and commitment by the Council in establishing the partnership in 2002 to address the illegal issue, and in creating a facility with ongoing support. This council is the flagship in the UK. But as a council they also have identified that change need to happen within the current planning system, we welcome, and thank North Lanarkshire for supporting our petition

Motorcycle sports are required to meet planning regulation. There is also a need for the Scottish Government to review and consider the wider benefits needed for providing new guidelines for Professional Planners and others, to allow a level playing field in promoting an understanding

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that by creating proper facilities there are many other benefits for the wider society. To cover this response we have looked at the New SPP11Open Spaces and Physical Activity (November 2007) but also the NGG11 which it now supersedes, but by reviewing both within this submission, it highlights the difficultly in establishing facilities because of the complexity of issues related to acquiring land for this activity through planning. I have attached a report which highlights sections of both Open Spaces and Physical Activity documents, which give the impression that the mechanisms are there to establish facilities, but in reality, either through professional perceptions of this topic, along with the need to establish technical support and guidance on facility design, there should be a modern approach to mitigation, and looking to the short and long term change Through the current development of Electric and Hydrogen machines, as they relate to the National Planning Framework for Scotland 2 Government Planning Guideline SPP11 has within it, Government expectation of an equal opportunities for all sports, providing proper accessibility to quality provision for motorsport in the future, must be an urgent goal in making Scotland a Stronger, Fairer, Safer place to live

Yours sincerely

Bob Reid SACU (Director for Leisure)