PLANNING APPLICATIONS BOARD: 3 OCTOBER 2018

18/00282/PPD PLANNING APPLICATION TO ERECT 2 HOUSES; FORM ACCESS AND PARKING AREA; AND INSTALL SEWAGE TREATMENT TANK AND SOAKAWAY AT 461B SOUTH LOCHBOISDALE ISLE OF SOUTH Report by Director of Development

PURPOSE OF REPORT Since there have been over six objections to this application, it cannot be determined under delegated powers and is presented to the Board for a decision.

COMPETENCE 1.1 There are no legal, financial, equalities or other constraints to the recommendations being implemented. SUMMARY 2.1 It is proposed to erect two semi-detached houses and a new access road on a 0.2ha site on the south side of the unclassified South Lochboisdale public road. The site is presently rough grass and bracken with rocky outcrops. Each house would be served by a private foul drainage system which would drain to a soakaway accommodated on the opposite side of the public road. There is a concurrent application (18/00283/PPD) for a similar proposal by the same applicant on a site 150m to the east. 2.2 34 representations have been received, all of which object to the application. Representations received are common to this application and to 18/00283/PPD. The issues raised relate principally to adverse impact on the Category B listed Boisdale House; harm to the settlement character of the area; traffic; light pollution; impact on local tourist accommodation; and loss of agricultural land. 2.3 The Comhairle as Planning Authority requires to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise. The proposal has been assessed against the Development Plan and is considered to accord with its provisions, in particular that the proposed houses would not harm the settlement pattern of South Lochboisdale and that the scale and appearance of the houses and degree of separation from Boisdale House would mean that its setting would not be harmed. An assessment of the material planning considerations, including representations received, has not identified any matter that carries such weight that it indicates that the Development Plan should not be accorded priority. It is therefore recommended that the application be approved for the reasons set out in Appendix 1 to this Report.

RECOMMENDATION 3.1 It is recommended that the application be APPROVED subject to conditions set out at Appendix 1 to this Report.

Contact Officer Alastair Banks Tel: 01870 604990 Email: [email protected] Appendix 1 Schedule of Proposed Conditions 2 Location and Site Plans 3 Elevation Drawings Background Papers None.

REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This application is to erect two 2-bedroom detached houses on a 0.2ha site on the south side of the unclassified South Lochboisdale public road. The site is presently rough grass and bracken with rocky outcrops.

4.2 Each house, although of varied designs, would have a main footprint of 13m x 6m and would be 5.6m high to the ridge of a 400 pitched roof. Walls would be white wet dash render; roofs would be natural slate; doors, window frames, fascias and soffits would be stained or painted timber; and rainwater goods would be black uPVC.

4.3 A drying space, air source heat pump (ASHP), bin store and log store would be installed to the side of each house in the area between each house.

4.4 The houses would be parallel to, and 22m from, the public road. Vehicular access would be at the centre point of the north (road) boundary of the site. Two off-road parking spaces would be provided in front of each house.

4.5 Water supply would be from the public main. Foul drainage would be to a private sewage treatment tank in front of each house, with a shared outfall pipe that would cross under the public road to a rubble filter. Surface water would drain via soakaways to adjacent small watercourses.

4.6 The proposal is within the class of local development within the Planning Hierarchy.

ADMINISTRATIVE PROCESS 5.1 The planning application by Mr Archie MacDonald on behalf of Begbies Traynor, Plot 1 & Plot 2, 461 South Lochboisdale, , was registered on 31 July 2018.

5.2 The planning application was advertised for public comment in the public notices section of Stornoway Gazette in the publication dated 9 August 2018 as required by regulations.

ENVIRONMENTAL IMPACT ASSESSMENT () REGULATIONS 2011 6.1 The proposal is of a scale and nature that the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 would not apply. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 None. 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.

COMHAIRLE TECHNICAL SERVICES (ROADS) 8.2 “The proposal to have a pipe running through the road to a soakaway is not ideal. Having the soakaway on the house site (or on the site side of the road) or using an alternative disposal system on the site such as a treatment facility that would negate the need for a soakaway would be a more reasonable proposal. Vegetation along roadside should be adequately cut back to allow visibility although this may not be an issue once access is in place. Application is otherwise satisfactory subject to compliance with attached Comhairle Guidelines for access roads drawing.”

COMHAIRLE BUILDING STANDARDS 8.3 “Dwellings should be accessible to the fire and rescue services and a suitable turning area for vehicles should be provided. Suitable access for sewage treatment plant servicing vehicles must be provided to within 25.0m of the sewage treatment tank, and able to support an axle loading of 14 tonnes. Percolation test results should be provided to assess the size of any soakaway required. A Building Warrant will be required.”

SCOTTISH WATER 8.4 “Water This proposed development will be fed from Stoneybridge Water Treatment Works. Foul: Unfortunately, according to our records there is no public Scottish Water, Waste Water infrastructure within the vicinity of this proposed development therefore we would advise applicant to investigate private treatment options. Infrastructure close to boundary: According to our records, the development proposals may impact on existing Scottish Water assets. The applicant should identify any potential conflicts with Scottish Water assets and contact our Asset Impact Team.” REPRESENTATIONS 9.1 Representations against the proposal have been received from 34 parties. The full terms of the Representations can be read on the file at the Development Department. However, they can be summarised as follows:  The Western Isles have the highest number of unoccupied properties in the UK. Building further unaffordable houses contravenes the Development plan guidelines and does not contribute to the local community. The granting of permission would set a dangerous precedent for disregarding the Comhairle's policy of increasing available housing stock through the renovation of derelict or empty existing croft housing.  The proposed development is wholly out of keeping with the historic settlement pattern of South Lochboisdale given the scale and density of the development. It could lead to eventual ribbon development.  “South Lochboisdale, in contrast with and Lochboisdale on the other side of the bay, is generally a very quiet and undeveloped township, where such recent development as there has been has been both sensitive and incremental; the development of these four effectively indistinguishable houses is dreadfully out of keeping.”  The designs are, in terms of both site layout and architectural treatment, essentially urban in character, completely at odds with the norms of Uist crofting townships. “South Uist has a fragile landscape of stunning beauty and cultural heritage, none more so than South Lochboisdale. This proposed development will degrade the local landscape by the obtrusiveness of its siting and by a design.”  “The tranquillity and natural life of the island is a precious and fragile asset of all those who live there, and it deserves much, much greater care than this application has for it.”  The proposal is contrary to Policies 4 (due to inappropriate suburban design) and 5 (due to failing to maintain the integrity of the landscape character) of the Local Development Plan and to its vision statement (promoting a sustainable land use strategy to accommodate development in a manner that respects the islands’ settlement patterns and has regard for the environment.) and Development Strategy (the design and siting is critical to achieving a sympathetic fit with the surrounding landscape to avoid the development appearing out of place in its setting.)  The proposed development directly affects the setting of Boisdale House, in particular from the east side, which is one of the few listed buildings in South Uist and which planning guidelines say should be protected. Boisdale House is one of the few old houses in the area in a beautiful settlement at the heart of the ‘Glen of the Muses’.

 The impact on Boisdale will be worse than the original applications submitted in 2017 for 4 separate plots, especially on approach from the east and from the loch, when approaching by boat.  “As there are so few 18th Century buildings on the Islands, what you have should be protected and not hemmed in by four identical kit houses.”  “Boisdale House, with its pier and stables, shop and post office, was the focus of comings and goings by local people and visitors alike through the 19th century and the 20th, in periods of war and of peace, of economic and social continuity and of change, of prosperity and of emigration. It and its environs constitute a prism through which the community and its activities can and should be viewed, both now and in the future. Any developments which detract from these qualities must be avoided.”  Boisdale House and the surrounding area has an association with Margaret Fay Shaw (who first heard the singing of Mairi and Peigi MacRae in Boisdale House) and whose book, “Folksongs & Folklore of South Uist”, has just been reprinted. Also with the books and pictures of F.G.Rae (“A School in South Uist”); Mary Miers (“The Western Seaboard; An Illustrated Architectural Guide - a detailed survey of the built heritage of Lochaber, Skye and Lochalsh and the Western Isles”); and Paul Strand (“Tir a' Mhurain”).  The proposed development “will in some measure debase Lochboisdale House to be a stranger in its own land, a relict in its own domain, and a significant weakening of how the public may see and understand the social history of the island.”  The proposed development will significantly increase traffic and light pollution along a rural road.  Recently there have been disturbing landslides and soil erosion on Eiseabhal, causing damage to outbuildings. Last April there was a very destructive wildfire on Eiseabhal and this has further weekend the soil/vegetation matrix and thus increased the vulnerability of the site. This poses a danger to any dwellings being built below the hill on the south side of the road, as these are proposed to be and should be properly investigated.  Four additional houses will potentially have an adverse effect on the existing holiday letting businesses in South Lochboisdale and are surplus to requirement.  This land has always been used for agricultural purposes and there is nothing in the Development plan to indicate that a change of use is appropriate or permissible.  The road is not suitable for this size of development or for the ensuing traffic.  Harm to the existing holiday letting businesses in South Lochboisdale. 9.2 While not material planning considerations, the following comments were also raised:  This is a speculative financial valuation exercise.  The applicant failed to consult the local community.  The applicant has acquired this land without the awareness of the local community.  The houses will probably end up being holiday homes.  The applicant owns 14 hectares, so approval would lead to more applications for more houses.  This area should be a conservation area.  The present owners of Boisdale House have made a positive contribution to the local community and economy.  The same families have lived in this area for generations and the proposal will upset the community and disrupt the natural rhythm of the settlement.  Conflict with plans to build a house elsewhere in the area.  The applicant is not local and more attention should be given to the views of locals.

VIEWS OF THE APPLICANT 10.1 The full details of the views of the applicant can be read on the file at the Development Department. However, they can be summarised as follows:  These plots on approval will be able to be purchased by local people who wish to set up home, live and work in the area and bring up families in a crofting community. The design of the houses was very much influenced by the need for housing for young local families who could afford to build smaller houses.  Detailed Planning Permission applications have been submitted so that there is control over what is built by whoever decides to purchase one or more of the plots.  All 4 house designs are for small traditionally designed houses based on houses in the Highlands and Islands, using materials which have be used for many years and have stood the test of time in the harsh West coast of Scotland climate.  The theme of the cottages are based on small cottages which can be seen throughout the Highlands of Scotland, particularly in the Inner and .  There are no plans to create holiday letting accommodation or compete with any existing letting establishments.  The style of houses will complement the existing style and features of Boisdale House.  The separation between houses in the surrounding settlements in many cases is much less than the distances between the proposed houses and other houses in the area.  Boisdale House will remain unaffected by any of the development and would remain the only building on the sea side of the road in the immediate area.  “Several of the representation letters mention a "landslide". I have visited the site on several occasions now and have never seen any sign of or evidence of previous landslides. I carried out my usual risk assessment on the sites while on site and there was certainly no need to note any risk of landslides in the immediate area. The ground to the South and South West of the proposed development slopes very gradually uphill and the ground is littered with large rocky outcrops indicating that the ground is extremely hard and stable. There may have been landslides in the South Lochboisdale area, however the proposal is at no immediate risk of being affected by any landslides”.  These proposals are not part of any larger plan to propose any further development in the area.  Careful landscaping using native bushes and shrubs is proposed, which will soften the impact of any development and provide a finished mature feel to the proposals.

ASSESSMENT OF EIA 11.1 The application is not an EIA application.

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 considerations, prior to a conclusion and recommendation as to the determination.

Outer Hebrides Local Development Plan 12.2 Policy 1 – Development Strategy

Development proposals within Rural Settlements will be assessed against all of the following: a) a siting and design appropriate to the rural character, distinctiveness and settlement pattern of the local area in line with Siting & Design Policy 4 and Landscape Policy 5; b) a lower level of density that accords with those set out in Housing Policy 13 and the landscape character of the individual settlement; c) demonstration of how development at the edge of the settlement physically and visually integrates with the existing settlement pattern and characteristics and consolidates the existing edge; d) new development does not erode the character which forms the distinctiveness of the rural settlement; e) the development of better quality in bye croft land does not threaten the continuation of crofting.

12.3 The application site is situated within South Lochboisdale, which is classified as a Rural Settlement in the Development Plan and will therefore be assessed against the Policy criteria as follows: a) The principle of housing development in Rural Settlement is acceptable. The settlement pattern of South Lochboisdale is mainly linear, with houses either side of the public road both to the west and to the east of the application site. There are also a group of houses off a track that runs perpendicular northwards from the public road at its western end; and a similar pattern where the North Glendale road runs southwards from the eastern end of the public road.

Most of the houses in this Rural Settlement are detached and are reasonably well separated from each other, more so than the proposed two houses on this site, which would be 20m apart. This separation distance would not be unique to the area, however; for example, two houses at 469 South Lochboisdale to the east are 22m apart. There are also clusters of houses and other (mainly agricultural) buildings in the area.

The proposed houses would be set 22m back from the public road which would mean that they would not dominate appearance from the road. This is a similar distance from the road to other houses in South Lochboisdale, although a number are closer to the road, including the nearest houses to the site; Boisdale House to the east (which is immediately adjacent to the road) and 477 South Lochboisdale to the west (which is 7m from the road).

The design of the proposed houses (which will be discussed further under Policy 4 below) includes a narrow plan and use of traditional materials appropriate to this rural setting.

With regards to the question of “distinctiveness”, consideration may be given to the presence of Boisdale House within the South Lochboisdale settlement. Impact on its setting as a listed building is addressed in more detail under Policy 31 below. With regard to its place in South Lochboisdale, Boisdale House is the largest single building and it has a defining physical presence that contributes to the distinctiveness of the settlement. The proposed houses will have an impact on this distinctiveness which is presently emphasised by the separation of Boisdale House from other houses. However, the modest scale of the proposed houses and the appropriate use of materials, which would be sympathetic to the style and appearance of Boisdale House, means that the physical presence of Boisdale House within the settlement should not be unduly compromised. In fact the small scale and the style of the

proposed houses means that they could be seen to be akin to estate workers’ cottages in a relationship with the main estate house, not dissimilar to many others in Scotland, including in the Western Isles, for example at (Harris) or Uig Lodge (Lewis). It is therefore concluded that the proposed houses would meet the requirements of criterion a) of this Policy. b) Policy 13 requires a maximum density for housing proposals in Rural Settlements of 20 units/ha. The application site is 0.2ha. This means that the overall site density would be 10 units/ha. This would accord with Policy criterion b). c) The site is not at the edge of the settlement, so this criterion is not relevant to the determination of this proposal. d) This criterion focuses on the distinctiveness of the settlement and this issue has been addressed in considering criterion a) above. e) The site is not on better quality in bye croft land and its development would not threaten the continuation of crofting. It is concluded that, overall, the proposed development would comply with the requirements of Policy 1.

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 on habitats and species, and the NBN Gateway for site specific biodiversity data); b) will not result in pollution or discharges outwith prescribed limits to the air, land, freshwater or sea; c) 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, Marine Consultation Areas, relevant Harbour Authorities and Marine Protected 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 There are no ecological interests on this site that would be harmed and the site is not covered by any natural heritage designations. There is little potential for pollution from waste and, although the site is in the outer safeguarding area for Airport, it is of sufficiently limited height for the proposed development to not have an impact on the operation of the airport.

12.6 It is therefore considered that the proposals would comply with the requirements of Policy 2.

12.7 Policy 3 – Zero and Low Carbon Buildings

Low and/or zero carbon generating technology must be installed in all new buildings (with the exception of those listed below) to reduce predicted carbon dioxide emissions from buildings to meet the minimum building standards. A sustainability statement detailing the technologies proposed and demonstrating proposed achievement of Bronze Active Sustainability rating (achieving or exceeding Building Standards), must be submitted as part of planning applications for new buildings.

12.8 A sustainability statement has been submitted and the proposal includes the installation of an ASHP at each house. The requirements of this Policy are therefore met.

12.9 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, avoiding 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 (SG) which forms part of the Development Plan; e) plot layout accommodates: i. the development footprint placed and orientated to respect the characteristics 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 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.

12.10 An assessment against criteria a) to g) above is as follows: a) The siting of the proposed development would relate to the surrounding housing area and settlement pattern. As indicated above in relation to Policy 1 a), it is considered that the proposed houses would not be out of character with South Lochboisdale, or the siting of other houses (including Boisdale House), or the landform. b) The design, scale, form and mass of the proposed houses would integrate with the landform. They would be relatively small and would be on land which rises to the south of the site allowing them to settle into the surrounding landscape and avoid dominating the sky line. c) The palette of materials would be appropriate. The small scale of the houses would allow them to fit with their surroundings and complement rather than detract from the surrounding landscape. d) Technical Services (Roads) considers that the proposed road layout and parking would be acceptable. The proposal would comply with the SG and this is covered below. e) The plot layout of the proposed houses accommodates the requirements set by this criterion: i. Footprints would be small and orientation would be parallel to the public road, which would respect the characteristics of development in South Lochboisdale. ii. A safe point of access would be provided, with adequate visibility in both directions. A single point of vehicular access for both plots on to the public road would assist the safe movement of vehicles on to and off the road. The proposed Condition 1 in the Recommendation would ensure implementation of a safe means of access. iii. Adequate amenity space consistent with the type and character of the proposed development would be provided. Each house would have about 250m2 amenity space at the rear and side. iv. Landscaping would comprise groups of trees and shrubs around the houses; and boundaries marked by post and wire fences. These would integrate the development into its setting. To ensure that this is achieved satisfactorily Condition 4 and 5 form part of the recommendation. The proposed development would not result in an over-development of a plot or site by virtue of density, scale or height. The density would be half that set by Policy 13 as a maximum for rural settlements and the scale and height of the houses would be modest. f) Both house sites are relatively flat and underbuilding would not be required. Land rises southwards of the house sites. g) The nearest existing house, Boisdale House, is 95m from the house on the east plot. The nearest house to the west (477 South Lochboisdale) is 198m from the house on the west plot. At these distances there would be no harm to the amenities of residents of the existing houses from noise, disturbance or lighting, overlooking and overshadowing. However, as the proposed houses would be 20m apart from each other and the proposed ASHPs would be installed between the houses, a noise control condition (Condition 3 below) is recommended to ensure the amenities of residents of the proposed houses are safeguarded. Subject to such condition, it is considered that the development should not give rise to loss of amenity from noise. 12.11 Overall, it is concluded that the requirements of this Policy and the guidance in the Outer Hebrides Design Guide would be met.

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 WI-LCA identifies the landscape character type of this area to be “Coastal Mosaic”, described as “a very fragmented landform interspersed with many water bodies gradually breaking up into skerries seaward. Mountain Massif and Rocky Moor surround this type. They provide containment and frame views out to sea creating foci. Hills of Rocky Moor rise very steeply from this flat landscape at the edges, providing strong vertical contrast.” With regards to the impact of potential new development on this particular landscape character type, the WI-LCA focuses on wind turbines and does not address the impact of new housing development. Its description of the contrast between a fragmented coast and higher ground nearby nevertheless describes the topography of South Lochboisdale well and this has been the principal guiding factor in how and why a linear pattern of housing development has evolved here. The proposed houses would continue this essential pattern and would not introduce a radical or unacceptable change to the interrelationship of houses to the surrounding landscape. 12.14 It is therefore concluded that the development proposals would relate to the specific landscape and visual characteristics of the local area, ensuring that the overall integrity of landscape character is maintained. The requirements of this Policy would be met.

12.15 Policy 6 – Water and Wastewater

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.

12.16 Water supply would be from the public main. With regards to the comments of Scottish Water, the agent says, “I have studied the response from Scottish Water regarding the location and route of the existing water main and can confirm that the houses and infrastructure will be on the opposite side of the road to the water main. Now that we have the position identified we can add the water main onto our site plan and put a note that anyone working within the area of the water pipe should take all necessary steps to protect the pipe”

12.17 Surface water would drain to soakaways. Foul drainage would be to private sewage treatment units. It is proposed for the outfall of these to be piped under the public road to a rubble drain soakaway. Technical Services has said that a pipe under the road is not ideal. The agent has said, “The reason that we proposed the current system was that the percolation within the plots was not ideal when we carried out the percolation tests. The tests were carried out at approximately 700mm below existing ground level. Due to the poor porosity of the ground we proposed a mini treatment plant within the site which treats the contents of the tank to a degree which is virtually clean water. We proposed an outfall from the tank to a partial soakaway which SEPA usually request prior to a discharge to an open burn. This is an extremely environmentally efficient system and with SEPA's consent we can discharge into the open ditch. Should a pipe below the road be a problem, then we could retain the treatment plant as we have proposed and have a conventional soakaway system which could be based on deeper trial pits which could be carried out prior to work commencing on site.” If such a change were to prove acceptable to Building Standards, it could be dealt with as a non-material variation to the planning permission, should it be granted. Although Technical Services would prefer not to have a pipe going under the road, they have not objected and any such arrangement would have to be undertaken to their terms and standards. Pipes and cables under roads are not uncommon and it would not be justifiable to refuse this proposal on the grounds that it proposes such an arrangement. 12.18 It is concluded that the requirements of this Policy would be met by the proposal. 12.19 Policy 13 – Housing

The effective land supply to deliver the housing needs of the islands for at least a five year period (as identified in the Local Housing Strategy Housing Need and Demand Assessment) will be delivered through individual/private sites and those listed in Proposal H1.

12.20 The proposed development site is not identified within the OHLDP as an H1 housing site. It would nevertheless meet the aspiration of this Policy to meet the housing needs of the islands through individual/private sites. 12.21 Policy 31 – Listed Buildings

The Comhairle will seek to manage the special architectural and historical interest of listed buildings and their settings and will support sympathetic conversions and extensions to secure their future use. Proposals affecting listed buildings and/or their setting will be required to accord with national policy and guidance and, where relevant, Policy 33 Thatched Buildings. They must also a) be sympathetic to the listed building in terms of scale, proportion, design, materials and construction; and b) not have an adverse effect on the character or appearance of the listed building(s) or its setting.

12.22 Boisdale House is a category B listed building. Although within the linear settlement of South Lochboisdale, it is at some distance from nearest houses: 324m from 473 South Lochboisdale to the east; and 326m from 477 South Lochboisdale to the west. This degree of isolation and its scale, layout and position by the shore all contribute to its character and appearance. A critical question, therefore, is whether the proposed houses would harm the setting of Boisdale House to an unacceptable degree. 12.23 The proposed houses would be on the opposite (landward) side of the public road from Boisdale House and would be set 25m back from the public road on mainly level ground with land rising behind. Boisdale House is 95m from the nearest proposed house, on the east plot. The proposed houses would be small and built of materials that would be sympathetic to the materials used in Boisdale House.

12.24 Although the houses would be seen in relation to Boisdale House on approach along the public road from both east and west, they would not block the view of Boisdale House from these approaches. An appreciation of its place in the local landscape and, crucially, its relationship to the sea, would be preserved. Although the physical change to the vicinity that would result from the proposed development means that there would be an impact on the setting of the listed Boisdale House, it is considered that this would not be harmful to the degree that refusal would be warranted on this ground. It is concluded that the scale, siting and external appearance of the proposed houses and their degree of separation from Boisdale House would mean that the criteria in Policy 31 would be met. Supplementary Guidance (SG): Standards for Car-parking and Roads Layout 12.25 It is considered that the access and car parking provision would meet the requirements of this SG. Technical Services (Roads) has no objection. Subject to Condition 1 in the recommendation, the requirements of this SG would be met. ASSESSMENT AGAINST THE DEVELOPMENT PLAN 12.26 Having reviewed the provisions of the Development Plan as detailed above, the proposal is considered to accord with the adopted Development Plan. 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. The weight to be attached to any relevant material consideration is for the judgment of the decision-maker. Two main tests are used when deciding whether a consideration is material and relevant:  It should serve or be related to the purpose of planning. This means it should relate to the development and use of land.  It should fairly and reasonably relate to the particular application being determined.

SCOTTISH PLANNING POLICY (SPP) 13.2 Paragraph 75 says, “The planning system should: • in all rural and island areas promote a pattern of development that is appropriate to the character of the particular rural area and the challenges it faces; • encourage rural development that supports prosperous and sustainable communities and businesses whilst protecting and enhancing environmental quality”.

13.3 Paragraph 109 says, “House building makes an important contribution to the economy. Planning can help to address the challenges facing the housing sector by providing a positive and flexible approach to development. In particular, provision for new homes should be made in areas where economic investment is planned, or there is a need for regeneration, or to support population retention in rural and island areas.”

13.4 Paragraph 110 says, “the planning system should enable provision of a range of attractive, well-designed, energy efficient, good quality housing, contributing to the creation of successful and sustainable places.”

13.5 SPP supports the proposal insofar as it would help to meet a local demand for affordable housing and, thereby, support population retention and the sustainability of a remote islands community. The proposed houses have an appropriate design and they would provide “energy efficient, good quality housing”.

HES MANAGING CHANGE GUIDANCE 13.6 In its guidance on Setting (https://www.historicenvironment.scot/media/2359/setting- 2.pdf) HES says:

13.7 “Setting often extends beyond the property boundary, or ‘curtilage’, of an individual historic asset into a broader landscape context. Less tangible elements can also be important in understanding the setting. These may include function, sensory perceptions or the historical, artistic, literary and scenic associations of places or landscapes. Setting should be thought of as the way in which the surroundings of a historic asset or place contribute to how it is experienced, understood and appreciated. Monuments, buildings, gardens and settlements were not constructed in isolation. They were often deliberately positioned with reference to the surrounding topography, resources, landscape and other monuments or buildings. These relationships will often have changed through the life of a historic asset or place. Factors to be considered in assessing the impact of a change on the setting of a historic asset or place include:  the visual impact of the proposed change relative to the scale of the historic asset or place and its setting;  the visual impact of the proposed change relative to the current place of the historic asset or place in the landscape;  the presence, extent, character and scale of the existing built environment within the surroundings of the historic asset or place and how the proposed development compares to this;  the magnitude and cumulative effect of the proposed change – sometimes relatively small changes, or a series of small changes, can have a major impact on our ability to appreciate and understand a historic asset or place;  the ability of the landscape, which comprises the setting of a historic asset or place, to absorb new development without eroding its key characteristics;  the effect of the proposed change on qualities of the existing setting such as sense of remoteness, evocation of the historical past, sense of place, cultural identity, spiritual responses.”

13.8 For the reasons given in paragraphs 12.22 – 12.24 above it is considered that the proposed development would not affect the setting of Boisdale house to an unacceptable degree. This would include its “cultural identity” based on “historical, artistic, literary and scenic associations”. Even though the development would bring about a change from what could be viewed in a Margaret Fay Shaw or Paul Strand photo, the place of Boisdale House as the dominant building in this area would not be unduly subsumed or threatened. The former and present cultural role of Boisdale House would still be evident, capable of interpretation and appreciation.

MATTERS RAISED IN REPRESENTATIONS 13.9 With regards to the representations that raise objections that are valid in planning terms:

a) Harm to the character of South Lochboisdale. As elaborated in relation to OHLDP Policies 1, 4 and 5 above, it is considered that the scale, siting and design of the proposed houses would allow them to fit acceptably into the local linear settlement pattern and ‘Coastal Mosaic’ landscape.

b) There is no need for new houses as the Western Isles has the highest number of unoccupied properties in the UK. Many of the unoccupied houses are not available in the housing market for purchase. There are personal and crofting and other reasons for this and the Comhairle as planning authority cannot force the release of such property on to the market. There is no policy in the Development Plan that presumes against new housing development because of the high level of unoccupied houses and such a policy would, in any event, not be reasonable. It would be equally unjustifiable to refuse this application on the grounds that there is a high level of unoccupied houses in the Western Isles.

c) Harm to the setting of the Category B listed Boisdale House. As elaborated in relation to OHLDP Policy 31 above, it is considered that the scale, siting and external appearance of the proposed houses and their degree of separation from Boisdale House would mean that any impact on the setting of Boisdale House would not be significant or harmful enough to merit refusal on this basis. The proposed houses would have a small cottage style and materials that would complement those of Boisdale House. It is not uncommon for estate houses of the scale and style of Boisdale House to have smaller cottages or houses close by. It is claimed in the objections that Boisdale House would be “hemmed in by identical kit houses”. The proposed houses have in fact been designed to have different characteristics, albeit that the scale of each would be small. It is also the case that the application site is well away from the curtilage of Boisdale House. Appreciation of the setting and the historic, as well as architectural, value of Boisdale House is not reliant on sterilising the development of land between it and the nearest existing houses.

d) Landslides. The agent has inspected the site and its surrounds and found no indication that it would be vulnerable to landslides, even though there have been some nearby and further uphill. Without clear evidence that the site itself is under threat, it would not be justifiable to refuse the proposal on the ground that the site could be threatened by landslides.

e) Increased Traffic. The proposed development is unlikely to attract a volume of traffic that could not be accommodated on the South Lochboisdale public road. Access to both houses from a single access point would manage vehicle movements on to and off the road in an acceptable manner and Technical Services Roads do not object.

f) Light Pollution. The linear spread of houses along South Lochboisdale and into North Glendale already provide sources of night-time artificial lighting in the area. The proposed houses are unlikely to introduce a significant change to this.

g) Harm to local holiday rental businesses. The agent has confirmed that the target market is local people who wish to set up home, live and work in the area and bring up families in a crofting community. The development of two detached houses should be no threat to existing local holiday rental businesses.

h) The Development Plan does not provide for a change of use from agriculture. The site is within a Rural Settlement, as defined by the Development Plan. Development of houses in Rural Settlements is not dependent on the identification of specific proposal sites. As indicated above, in particular in relation to Policy 1, it is considered that the proposed development meets the relevant policy criteria. The land is not good quality agricultural land and it is not in crofting tenure.

CONCURRENT APPLICATION 13.10 A planning application has been submitted for another pair of detached houses of similar scale and design on land to the east of Boisdale House (18/00283/PPD). This is also on the agenda for determination. Each application has to be considered on its individual merits. However, both are recommended for approval on the basis that the analysis that has led to the recommendation to approve is not altered by the prospect of two developments.

OUTER HEBRIDES LOCAL DEVELOPMENT PLAN PROPOSED PLAN 13.11 There are no policy changes arising from the 2017 OHLDP Proposed Plan that have a material bearing on the determination of this proposal.

CONCLUSION AND RECOMMENDATION 14.1 Planning Authorities are required to determine planning applications in accordance with the Development Plan. It is considered that the proposed development of two houses on this site accords with Policies 1, 2, 4, 5, 6, 13 and 31 of the OHLDP and with Supplementary Guidance: “Standards for Car Parking and Roads Layout”. The material consideration of SPP provides further weight in favour of the proposal. There are no material considerations of sufficient weight, including those raised by the objectors, to justify a decision other than approval.

14.2 The proposal is therefore recommended for approval subject to the planning conditions in Appendix 1 to this Report.

APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

Condition 1 The houses to which this planning permission relates shall not be used until the details, including the parking and turning area, shown on the access diagram (ref 18/00282) accompanying this planning permission have been implemented. These shall then be retained throughout the life of the development to the satisfaction of the Comhairle as planning authority. Reason In order to secure the satisfactory development of the site in the interests of road safety.

Condition 2 Throughout the life of the development to which this planning permission relates there shall be no exposed under building more than 600 mm deep, unless otherwise agreed in writing by the Comhairle as planning authority. Reason In the interests of the visual amenity of the area.

Condition 3 The total noise from the air source heat pump hereby approved shall not exceed NR45 during daytime and NR35 during night-time as measured 1 metre from the façade of any adjacent residential property. Furthermore, it shall not exceed NR25 during night-time within any adjacent residential property (the noise measurements shall be taken with the windows open at least 5cm). For the avoidance of doubt NR45 is applicable for the period 07.00 to 23.00 hours and NR35 and NR25 are applicable for the period 23.00 to 07.00 hours. Reason In order to secure the satisfactory development of the site in the interests of the visual amenity of the area.

Condition 4 A scheme for the landscaping of the site shall be submitted to and approved in writing by the Comhairle as planning authority. No part of the development to which this planning permission relates shall commence until the Council has issued approval of the scheme in writing. Reason In order to secure the satisfactory development of the site in the interests of the visual amenity of the area.

Condition 5 The scheme of landscaping shall be carried out in accordance with the scheme submitted and approved to comply with Condition 4 above. All of the work relating to the approved scheme shall be completed no later than in the first planting season following the first use or completion (whichever is the sooner) of the development approved by this planning permission unless an alternative phasing for implementing the scheme has been approved in writing by the Comhairle as planning authority before the development starts in which case the scheme shall be implemented in accordance with the approved phasing. The approved landscaping scheme shall then be retained throughout the life of the development. Reason In order to ensure the implementation of the approved landscaping in the interests of the amenity of the area.

APPENDIX 2 – LOCATION AND SITE PLANS

APPENDIX 3 – ELEVATION DRAWINGS PLOT 1

PLOT 2