ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 19 NOVEMBER 2013 13/00379/COU – 16 HOLM ROAD, HOLM, - APPLICATION FOR PLANNING PERMISSION FOR THE TEMPORARY SITING OF A CARAVAN

Report by Director of Development

PURPOSE OF REPORT Since the application is considered by the Appointed Officer to be sensitive, the planning application is presented to Committee for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is a planning application by Mr R A Macleod, 7 Portnaguran, Point, Isle of Lewis, for the temporary siting of a caravan at 16 Holm Road, Holm, Isle of Lewis.

2.2 The site is slightly larger than the majority of the surrounding house plots, with an average width of approximately 33m. There is existing vehicular access to the site. The site is not within any areas designated for historical or natural heritage.

2.3 The proposed development (temporary siting of a caravan) is indicated to be for the purpose of providing facilities to service the applicant and other workers while the house at no. 16 Holm is renovated. The developer has indicated that he would also wish to use the facilities for occasional overnight use by those involved with the renovation works, however it has been considered that this aspect of the proposal is not in line with Comhairle policy on caravans, and that the development would only be considered under the use as a temporary facility for workers facilities e.g. restroom, canteen, office and storage. No third party representations have been received.

2.4 The Comhairle is required to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. The assessment against the Development Plan has determined that, while not appropriate for any form of residential use, the proposal is in accordance with its provisions in relation to temporary buildings. An assessment of the material planning considerations has not identified any matter that carries such weight that it indicates that the Development Plan should not be accorded priority. The proposal is therefore recommended for approval subject to the application of conditions.

RECOMMENDATION

3.1 It is recommended that the application be APPROVED, subject to the conditions in Appendix 1 to the Report.

Contact Officer Helen MacDonald Telephone: 01851 822690 Email: [email protected] Appendix 1 Schedule of Proposed Conditions 2 Location/Site and Elevation Plans Background Papers None

DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application for the temporary siting of a caravan at 16 Holm Road, Holm, Isle of Lewis.

4.2 The site is slightly larger than the majority of the surrounding plots, with an average width of approximately 33m. There is existing vehicular access to the site. The site is not within any areas designated for historical or natural heritage. The site is between two existing houses and the specific siting of the caravan is between the southern boundary of the site and no.20 Holm Road and the house at 16 Holm Road. It should be noted that the caravan intended for the proposal is already within the development site and is there without the benefit of planning consent. A planning enforcement notice is in place in relation to that specific matter.

4.3 The proposed caravan is a standard static caravan unit in size and appearance. For the purpose of use as site facilities, the unit would be considered as a generic temporary building and not as a residential caravan.

4.4 On-site access and parking would not be affected by the proposal.

4.5 The site is not within an area of historical or natural heritage designation.

4.6 The proposed development would be served by mains public water and sewer. An existing surface water drainage system is indicated to be used.

4.7 The proposal is within the class of Local Development within the Planning Hierarchy.

ADMINISTRATIVE PROCESSES 5.1 The planning application by R A Macleod, 7 Portnaguran, Point, Isle of Lewis, was registered on 20 September 2013.

5.2 The planning application was advertised for public comment in the public notices section of the Gazette in the publication dated 26 September 2013, as required by regulations.

ENVIRONMENTAL IMPACT ASSESSMENT () REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 are not applicable to the proposal.

PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 The following planning history relates to the site: Ref. No. Description Decision Date 12/00006/USE Alleged that developer has taken Enforcement 04.02.2013 a large residential caravan to the Notice Issued site without the benefit of planning permission

RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultation by the Planning Authority can be read on file at the Development Department. The following is a summary of those relevant to the determination of the application.

HIGHLANDS AND ISLANDS AIRPORTS LTD 8.2 ‘Highlands and Islands Airports Limited would have no objections to the proposal.’ SCOTTISH WATER 8.3 There was no response from this consultee at the time of writing this Report. MINISTRY OF DEFENCE 8.4 ‘No safeguarding objections.’

COMHAIRLE BUILDING STANDARDS 8.5 There was no response from this consultee at the time of writing this Report.

COMHAIRLE ENVIRONMENTAL HEALTH SERVICE 8.6 ‘No adverse comments. As the caravan is to be situated on-site whilst the renovations are being carried out and then removed when works are completed, no Caravan Site Licence is required...’ REPRESENTATIONS 9.1 No representations have been received. VIEWS OF THE APPLICANT 10.1 No comments have been received from the Applicant.

ASSESSMENT OF EIA 11.1 Not applicable.

THE DEVELOPMENT PLAN 12.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. An assessment against the policies and provisions of the Development Plan is therefore made initially. This is then followed by an assessment of any other material planning considerations, prior to a conclusion and recommendation as to the determination.

12.2 Policy 1 – Development Strategy (Main settlement provisions):

DEVELOPMENT PROPOSALS WITHIN MAIN SETTLEMENTS WILL BE ASSESSED AGAINST ALL OF THE FOLLOWING: a) a siting and design appropriate to the characteristics of main settlements in line with Policy 4 Siting & Design; b) accordance with density levels for housing as set out in Housing Policy 13; c) where new development is to be sited on a greenfield site within the Stornoway Development Area in accordance with Policy 18, the developer must provide a justification for the development of the greenfield site in preference over a brownfield site; d) retention of open space areas within the settlement for amenity and recreation purposes.

12.3 The proposal is within the spatially defined Main Settlement of Stornoway, though has some rural characteristics, being on the fringe of the settlement. Criterion a) is considered to be able to be suitably complied with, subject to relevant – please refer to the assessment of Policy 4. Criterion b) does not apply as there are no proposals for the development of housing. Criterion c) does not apply as the site is considered developed, as there is an existing derelict property and associated curtilage. In relation to criterion d), the proposal has no adverse impact on open space provision. The proposal has been assessed to comply with the relevant provisions of Policy 1 above.

12.4 Policy 2 – Assessment of Development

Underpinning each of the policies in the Plan is a requirement to demonstrate that development proposals: a) will not significantly adversely affect biodiversity and ecological interests and, where possible, result in an enhancement of these interests. (The online Biodiversity Planning Toolkit should be consulted for general advice and good practice.); b) will not result in pollution or discharges out-with prescribed limits to the air, land, freshwater or sea; c) will not increase the likelihood of causing landslip or harmful erosion; d) in the case of contaminated land, that appropriate site investigations and risk assessments confirm the suitability of the proposed use, in compliance with the Comhairle’s Contaminated Land Inspection Strategy; e) have been designed to take account of the requirements of safeguarding zones notified by the Health and Safety Executive, Civil Aviation Authority, National Air Traffic Services, Ministry of Defence and Marine Consultation Areas. All development will be assessed for its impacts individually, incrementally and cumulatively to ensure no significant detrimental effects arise. The Comhairle may negotiate with developers a fair and reasonable contribution towards infrastructure and/or services required as a consequence of the proposed development. The contributions will be proportionate to the scale and nature of the development (including cumulative) and will be addressed through planning conditions or through a legal agreement if appropriate.

12.5 The proposal complies with Policy 2 above because it principally does not increase ecological impact or pollution discharges outwith prescribed limits. The proposal does not increase the likelihood of harmful erosion. The site is not contaminated, and there are no aviation interests affected by the proposal.

12.6 Policy 4 – Siting and Design

Development proposals must demonstrate a satisfactory quality of siting, scale and design that respects and reflects the characteristics of the surroundings. Development proposals for buildings will be permitted where they satisfy all of the following: a) siting relates to the settlement pattern, landform, surrounding buildings and open spaces, and accords with Policy 1 Development Strategy and Policy 5 Landscape; b) design, scale, form and mass integrate with the streetscape, townscape and/or landform, avoid dominating the sky line, and relate to design elements that make a positive contribution to the character of the surrounding area; the mass of larger buildings should be managed by breaking up the design elements; c) materials, colour, proportions and detailing complement the streetscape, townscape and/or landscape; d) car parking arrangements accord with the Standards for Car Parking and Roads Layout Supplementary Guidance which forms part of the Development Plan; e) plot layout accommodates; (i) the development footprint placed and orientated to respect that characteristic of the local area

(ii) service requirements, safe road access, parking provision integrated to minimise adverse impacts on the environment and public road;

(iii) adequate amenity space consistent with the type and character of the development; (iv) landscaping, and boundary treatments in positions, form and scale that integrate the development into its setting; Developments which result in an over-development of a plot or site by virtue of density, scale, or height will be resisted; f) levels, excavation and under-building – buildings on sloping sites should be set at a level which will compensate excavation depth with unacceptable levels of visible under-build. Surplus materials from excavations should be landscaped to reflect the natural landform. Pre and post development levels and landscaping measures should be detailed on submitted plans; g) the amenity of neighbouring properties is considered in the siting and design of new development to ensure reasonable levels of amenity are retained in respect of noise, disturbance or lighting, overlooking and overshadowing. Development will not be supported where it will result in a significant impact on the amenity of neighbouring properties.

12.7 The site is within the main settlement of Stornoway, in a developed area. The proposed siting of a caravan as a temporary building within the curtilage of a derelict house is considered, on the basis of providing additional built screening to the southern aspect, to be acceptable for a temporary period and for use as site facilities relating to the existing house.

12.8 The design of the caravan is per a standard static caravan, and while not appropriate for long term or retained use, temporary siting with appropriate screening is considered acceptable to assist with the renovation of the existing house.at 16 Holm.

12.9 The colour of the caravan is relatively neutral, but the overall appearance is not reflective of the residential developments which surround. This is proposed to be addressed by the temporary nature of any consent and by appropriate screening of the unit, managed through condition.

12.10 There is existing access and parking serving the site.

12.11 With use limited to site facilities for the renovation of the existing house at 16 Holm and with appropriate condition as regards screening, it is not considered that the siting of the temporary building as detailed on the proposed location/site plan, would unduly impact on neighbour amenity. It is important to note that the caravan which is proposed to be used as a temporary building for site facilities, is already on the development site, but not sited as per the current proposal. The position of the caravan as in situ, is not considered appropriate for visual and neighbour amenity considerations and in the event of this consent being granted would require to be re-sited.

12.12 Policy 5 – Landscape

Development proposals should relate to the specific landscape and visual characteristics of the local area, ensuring that the overall integrity of landscape character is maintained. The Western Isles Landscape Character Assessment (WI-LCA) will be taken into account in determining applications and developers should refer to Appendix 1 of this plan for a summary of this guidance.

12.13 The site is within the main settlement of Stornoway, in a developed area. Classed as Crofting 1 in the Landscape Character Assessment, built and other forms of development are characteristic and the proposal is not out of keeping in this respect. The proposed development is sited within the curtilage of a derelict house and will not form a prominent feature in the landscape, though it is considered that some screening is required to ensure the temporary building would blend more appropriately with the surrounding area.

12.14 Policy 6 - Water and Waste Water

New developments will be required to adopt the principles of Sustainable Drainage Systems (SuDS) with the exception of those discharging directly to coastal waters and single house developments (where surface water can be treated by other means).

Sewerage - New buildings in areas with public sewerage systems and developments of 25 houses or more will be required to connect to the public sewer unless the developer can demonstrate that there are specific technical reasons as to why the development cannot reasonably be connected to a public sewer. In such cases the development will only be permitted if the developer can demonstrate a sustainable, alternative method that will not significantly adversely impact on the environment or neighbour amenity.

Private waste water systems should discharge to land. Where this is not possible, the developer must submit evidence that discharge to the water environment is acceptable to SEPA. Discharge from waste water systems direct to waters designated under EC Shellfish Directives will not be permitted.

Water - New developments in areas with public water supplies will be required to connect to the public water supply. In situations where there is no, or an inadequate, public water supply the details including the sufficiency and wholesomeness of the private water supply will require to be demonstrated.

12.15 It is proposed that the development will connect into the public sewerage system and serviced by mains water supply. Scottish Water has no objections to the proposal.

12.16 Surface water is noted to be discharging to an existing surface water system on site. The temporary building is to be sited on what is already a partially hard-surfaced (though grassed over) area.

12.17 Policy 14 – Caravans and Temporary Buildings

Proposals must avoid any adverse environmental and amenity issues arising from development and demonstrate solutions for the end of the life for these structures. Proposals will be assessed against relevant policies in the Plan and in particular must comply with the policies contained in the Supplementary Guidance for Caravans and Temporary Buildings which forms part of the Development Plan.

12.18 It is considered that the development, with proposed screening, would not create adverse environmental and amenity issues, and is further assessed below regarding the relevant policies within the Supplementary Guidance for Caravans and Temporary Buildings, where it is considered to comply with the relevant Temporary Buildings Policy.

12.19 Given the above reasons, the proposal accords with the provisions of Policy 14 of the Local Development Plan.

Supplementary Guidance: Caravans and Temporary Buildings 12.20 Policy 1B - Residential Caravan Prior to Building a New House (Use as a Home)

Proposals for the siting of a single residential caravan for family habitation on a consented house site during the construction period will only be permitted in certain circumstances where detailed planning permission for a new dwelling has already been granted. Planning consent for the caravan will be restricted to a maximum of a 2 year period commencing no earlier than 4 weeks prior to the date of commencement of the new house, unless otherwise agreed by the Comhairle. The caravan must be located on or adjacent to the site for which detailed planning permission exists and only at a nearby location if better screening and less landscape impact can be achieved. Removal of the caravan and reinstatement of the site at the end of the 2 year period will be a condition of the planning permission. Proposals will be assessed against and will require to demonstrate the following: a) the provision of satisfactory and safe road access and parking; b) adequate provisions for domestic water, foul drainage and refuse disposal facilities on the site.

12.21 The above Policy is intended to assess proposals for the siting of a single residential caravan for family habitation on a consented house site during the construction period While this in not a new house the applicant cites the intention to renovate the adjoining house and has indicated a desire to use the caravan for occasional residential use for those directly involved in the renovation works. There is a clear lack of justification as to why residence on the site would be required as the renovation is of a property in close proximity to alternative accommodation options. The use of a caravan as a residential home in any form (unless there are exceptional circumstances that require to be fully justified) is not supported by the Comhairle’s policies. Further, there is at present no clear evidence of when any work would be commencing with regard to renovating the property.

12.22 It is therefore considered that the development does not comply with Policy 1B above and as such, it is recommended that the use of the caravan for a residential function would be precluded by planning condition.

12.23 Policy 3 – Temporary Buildings

Details of the proposed use of the temporary buildings, including containers, must be submitted as part of the planning application. Proposals for the siting of such buildings adjacent to housing or on agricultural land will only be acceptable where: a) the temporary building and its proposed use does not have a detrimental effect on neighbour or visual amenity; and b) the temporary building and its site are maintained to the satisfaction of the Comhairle. In addition to a) and b) above, proposals for the siting of temporary buildings, including containers, within industrial sites, at piers, harbours and similar locations will only be acceptable where the Comhairle considers that the development should be supported because the use is justified by social or economic benefits. The developer should submit a statement that allows an assessment to be made. Temporary buildings may require to be painted to minimise their visual impact. To allow the Comhairle a measure of control over temporary buildings any permission will be for a period not exceeding five years unless evidence can be submitted as to the age and lifespan of the temporary building or container in which case a permission of longer duration may be granted at the discretion of the Comhairle.

12.24 The use of the proposed caravan as a temporary ‘building’ for the provision of site facilities to serve the renovation of the existing house at 16 Holm Road is considered an acceptable use in relation to the above policy.

12.25 The matters of neighbour and visual amenity have been considered at 12.6 -12.11 above and are considered acceptable and able to be managed by condition.

12.26 Recommended conditions are set out at Appendix 1 to the Report and it is proposed that they would manage matters relating to the condition of the site and the caravan.

12.27 The caravan is not proposed to be painted, but to be screened to minimise visual impact. 12.28 A condition limiting the consent to a period of 2 years is included at Appendix 1 to the Report. This is considered the appropriate time period for the proposed use of the caravan as a site facilities unit.

ASSESSMENT AGAINST THE DEVELOPMENT PLAN 12.29 Having reviewed the provisions of the Development Plan as detailed above, the proposal is considered to accord with the Comhairle’s adopted Development Plan, subject to the application of relevant conditions.

MATERIAL PLANNING CONSIDERATIONS 13.1 Having carried out an assessment against the Development Plan, the Planning Authority requires to identify and consider relevant material considerations, for and against the proposal, and assess whether these considerations warrant a departure from the Development Plan. The weight to be attached to any relevant material consideration is for the judgment of the decision-maker.

13.2 There are no aspects of national policy relating to this form of development, and no further material considerations to assess than those detailed under relevant policy sections above.

CONCLUSION 14.1 This is a planning application for the temporary siting of a caravan at 16 Holm Road, Holm, Isle of Lewis. Key considerations included assessing the development in relation to neighbour and visual amenity; proposed use; and the relevant policies within the Supplementary Guidance for Caravans and Temporary Buildings. It is considered that the development is acceptable and in compliance with the Outer Hebrides Development Plan and Temporary Buildings policy within the Supplementary Guidance for Caravans and Temporary Buildings. The development is not in compliance with policies relating to residential caravan use, and therefore this part of the proposed development is not able to be accommodated and is proposed to be conditioned to preclude this specific use. There are no additional relevant material planning considerations that would not accord the Local Development Plan priority.

14.2 In assessing an application for planning permission, the Comhairle must base its decision on the statutory Development Plan unless material considerations indicate otherwise. The Development Plan supports development on appropriate sites within settlements and addressing other matters of policy. Having assessed the proposal against the Development Plan and considered other material planning considerations, it is considered that none justify a departure from the Development Plan.

RECOMMENDATION AND REASONS 15.1 The application is recommended for approval because it has been assessed against the relevant policies of Development Strategy, Assessment of Development, Siting and Design, Landscape, Water and Waste Water and Caravans and Temporary Buildings in the Outer Hebrides Local Development Plan, and found to be in compliance with both the settlement strategy and policies. There are no material considerations that indicate that the Plan should not be accorded priority. The proposal is therefore recommended for approval subject to the application of conditions set out in Appendix 1 to the Report.

APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

Condition 1 The caravan to which this planning permission relates shall only be for the provision of site facilities (rest rooms, canteen and office) for persons carrying out renovation works to the house within the development site to which this planning permission relates. At no time shall residential use of the caravan take place. Reason In order to define the permission and for the avoidance of doubt.

Condition 2 This planning permission shall expire on 30 November 2015. On or before the expiry of this permission, the development to which this permission relates shall cease and the caravan and other fitments associated with the development shall be removed and the site restored to the satisfaction of the Comhairle as Planning Authority. Reason To comply with the requirements of Policy 3 of the Outer Hebrides Local Development Plan supplementary guidance: Caravans and Temporary Buildings

Condition 3 Unless otherwise agreed in writing with the Comhairle as Planning Authority, the caravan to which this planning permission relates shall be moved from its current position to that shown on the Approved location/site plan, drawing number 01, attached to and forming part of this permission, by 20 January 2014. Reason In order to define the permission and avoid doubt.

Condition 4 Unless otherwise agreed in writing with the Comhairle as Planning Authority, the full length of the 1.8 metre high fence identified on Approved location/site plan, drawing no 01, attached to and forming part of this planning permission, shall be erected and stained or painted brown in its entirety by 20 January 2014. Reason In the interests of the visual amenity of the area.

Condition 5 Despite the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order, 1992 (or any subsequent similar Order), foul drainage shall be to the public sewerage system and at no time throughout the life of the development shall it be connected to a private system (septic tank, cesspool etc.). Reason To comply with the requirements of the Outer Hebrides Local Development Plan and because drainage to the public system is in the best interests of public health.

APPENDIX 2