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21 Cross Skigersta Road, Ness, Isle of Lewis (Ref: 11/00206)

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21 Cross Skigersta Road, Ness, Isle of Lewis (Ref: 11/00206) ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 4 OCTOBER 2011 APPLICATION FOR PLANNING PERMISSION IN PRINCIPLE FOR THE CONSTRUCTION OF ONE DWELLING HOUSE AT 21 CROSS SKIGERSTA ROAD, NESS, ISLE OF LEWIS (REF: 11/00206) Report by Director of Development PURPOSE OF REPORT Since this proposal has received three or more letters of representation from separate parties, which contain matters which are material planning considerations, this application cannot be dealt with under delegated powers and is presented to the Comhairle for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is an application for Planning Permission in Principle for the construction of one dwelling house at 21 Cross Skigersta Road, Ness, Isle of Lewis. The applicant is the Scottish Government, Rural Payments and Inspections Directorate. Five letters of representation have been received in relation to the proposal. The principal concerns of those who made representations are siting within the floodplain, location outwith the settlement, lack of infrastructure to connect to services, and lack of a suitable access. 2.2 Officers in the Comhairle’s Planning Service has received extra information from the agent to address constraints regarding foul drainage and flooding. SEPA has removed a holding objection following the submission of a topographical survey. Representations have been discussed below and the issues raised addressed. 2.3 While the siting of a dwelling at this location does not wholly reflect the existing settlement pattern, it is not considered that the development is contrary to the policies within the Western Isles Structure Plan and Western Isles Local Plan. The information submitted by the agent complies with Structure Plan Policy DM6 by detailing a proposed route for connection to the public sewer. Part of the site is located within an area at risk of fluvial flooding. SEPA had initially objected, but following the submission and subsequent assessment of topographical data, removed a holding objection on flood risk. The proposal therefore complies with Development Plan Policies SP/DM8 and LP/DM4. 2.4 The development is considered to accord with the provisions within the Development Plan. It is recommended that the application be approved subject to relevant conditions appended to the Report. RECOMMENDATION 3.1 It is recommended that the Comhairle APPROVE the application, subject to the conditions in Appendix 1 of this Report. Contact Officer: Eric Wojchik Tel: 01851 822690 Email: [email protected] Appendices: 1 Schedule of Proposed Conditions 2 Location Plan 3 Topographical Survey Background Papers: None BACKGROUND 4.1 The application is for Planning Permission in Principle for the construction of a dwelling house at 21 Cross Skigersta Road, Ness, Isle of Lewis. The site area is 1.69ha, and consists of an access, 162m in length, taken from Cross Skigersta Road, adjacent to the Manse. The proposed access crosses the Swainbost River. The application is for Planning Permission in Principle, so certain details such as design/siting and the proposals for the river crossing are not included with this application. 4.2 A valid application for the proposal was submitted by Philip McLean of Old School, Cromore, South Lochs, Isle of Lewis on behalf of Scottish Government, Rural Payments and Inspections Directorate on 18 April 2011. 4.3 Officers in the Comhairle’s Planning Service had requested extra information from the agent regarding proposed foul water drainage and flood risk. The agent has provided supplementary information via submission of a topographical survey of the site to show ground levels, notional house footprint, and proposed route of foul drainage connection. REPRESENTATIONS 5.1 Representations have been received from the following: • Mr W Gunn, 11 Cross Skigersta Road, Ness, Isle of Lewis; • Ms A Mackay, by email; • Mr AJ Maclean, 13 Cross Skigersta, Ness, Isle of Lewis; • Mr M F Morrison, 17 Habost, Ness, Isle of Lewis; • Mr D J Murray, 43 Swainbost, Ness, Isle of Lewis. 5.2 The full terms of the representations can be read on the file at the Development Department. However, they can be summarised as follows: • The area is subject to frequent flooding; • The connection to services is impractical at this location; • The access to the site is over the Swainbost River, which is prone to flooding; • There is no practical way to connect this site to the existing sewerage system; • The site is outwith the settlement given its total isolation from other houses within the settlement; • Does not reflect the existing settlement pattern of Cross Skigersta Road. RESPONSES TO CONSULTATION SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA) 6.1 ‘We are now in a position to remove our objection to the proposed development on flood risk grounds, which was due to lack of information. Please note the advice below. The topographical survey (drawing no. 11/118/01 A) is marked with the indicative location of the proposed house, which is to be approximately 4 metres higher than the watercourse. Given that it is a small watercourse, we are satisfied that the proposed site of the dwelling house is unlikely to be affected by a 1 in 200 year flood and, as such, we would consider it lies outwith the functional floodplain. Please note that we are reliant on the accuracy and completeness of any information supplied by the applicant or agent in undertaking our review, and can take no responsibility for incorrect data or interpretation made by the authors. The advice contained in this letter is supplied to you by SEPA in terms of Section 72 (1) of the Flood Risk Management (Scotland) Act 2009 on the basis of information held by SEPA as at the date hereof. It is intended as advice solely to Comhairle nan Eilean Siar as Planning Authority in terms of the said Section 72 (1). Our briefing note entitled: “Flood Risk Management (Scotland) Act 2009: Flood risk advice to planning authorities” outlines the transitional changes to the basis of our advice inline with the phases of this legislation and can be downloaded from www.sepa.org.uk/flooding/flood_risk/planning__flooding.aspx.’ TECHNICAL SERVICES - ROADS 6.2 ‘Access to be constructed in accordance with Drawing 11/00206.’ BUILDING STANDARDS 6.3 ‘A wastewater drainage system should discharge to a public sewer or public wastewater treatment plant provided under the Sewerage (Scotland) Act 1968, where it is reasonably practicable to do so.’ SCOTTISH WATER 6.4 ‘No response from this consultee at the time of writing.’ VIEWS OF THE AGENT 7.1 None. DECISIONS AFFECTING THE SITE 8.1 None. THE DEVELOPMENT PLAN 9.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 says, “Where, in making any determination under the planning Acts, regard is to be had to the Development Plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.” Attention is therefore drawn initially to any relevant policies or other elements of the Development Plan. This is then followed by comment on any other material considerations before a conclusion is reached. 9.2 Western Isles Structure Plan PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE SP/DM1 Development proposals that can be absorbed without harming the social, economic, or environmental characteristics of the Sustainable Community Area in which they are located, will generally be supported. The Local Plan will identify development opportunity sites within settlements and townships based on the following sequential approach: i) firstly, re-using vacant or under-utilised land/buildings already developed (‘brownfield sites’) or emerging re- development opportunities; ii) secondly, land available in or near the middle of the settlement or township; and iii) thirdly, land available The proposed development is elsewhere in the settlement or located to the edge of the township. settlement. SP/DM6 New developments in areas with The agent/applicant has sufficiently public sewerage systems will be demonstrated compliance with this expected to connect to the public policy. The development is located sewer unless such a connection within a sewered area; therefore, would result in an unsustainable the agent/applicant must use of resources. In such cases the demonstrate connection to the development will only be permitted sewer or that such a connection if a suitable, sustainable alternative would result in an unsustainable method can be provided. use of resources. The applicant/agent has provided this information indicating a piped route to sewer connection. SP/DM8 Development proposals in areas of SEPA had indicated that the significant flood risk, will not be development was sited within the approved except where: 1 in 200 year (0.5% annual i) the applicant can demonstrate probability) flood envelope of the that the development is Indicative River and Coastal Flood compatible with the risk of Map (Scotland). flooding; and ii) the proposal includes SEPA had initially submitted a acceptable measures to holding objection which they mitigate against the potential removed following assessment of effects of flooding on and the topographical survey submitted offsite arising from the to show notional site levels in proposal; and relation to the Swainbost River iii) the proposal will not add to the (fluvial flooding). area of a Flood Prevention Scheme. The topographical information demonstrates compliance with Where there is uncertainty over the Policy DM8 and the principles of the outcome of a proposal, a Scottish Planning Policy. precautionary approach will be adopted. 9.3 Western Isles Local Plan PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE LP/DM4 Developers may be required to Refer to Structure Plan Policy DM8 provide a Flood Risk Assessment above. undertaken to a competent standard, for proposals in areas The topographical information between the 5m contour and submitted and assessed by SEPA, MHWS and in areas of medium or demonstrates compliance with high risk which may be identified by Policy DM4 and the principles of the SEPA.
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