ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 21 APRIL 2009

APPLICATION TO ERECT A TEN PIN BOWLING/LEISURE CENTRE AT , , (REF NO 08/00504/FUL)

Report by Director of Development

PURPOSE OF REPORT Since representations have been made against the proposals, this matter should not 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 recommendations being implemented. SUMMARY 2.1 This is an application by Mr Alan Farquharson, 22 New Street, Stornoway for the erection of a ten pin bowling/leisure centre on land adjacent to the roundabout on the to Melbost township road. Two letters of objection were received from local residents on the grounds that the development would result in a significant increase in traffic volume on the township road and that the site was not suitable for this type of development because of the potential risk to security at Stornoway Airport from late night users of the facilities. Concern has also been expressed that, as the premises will be licensed, additional traffic will be attracted to the area.

2.2 Further objections, raised by SEPA, related to the absence of a sustainable urban drainage system and the inadequacy of the flood risk assessment because the site lies within the coastal flood envelope and is therefore of high to medium risk of flooding. SEPA had initially recommended that a minimum level of flood protection of 3.6m AOD (local) with a 500mm freeboard should be adopted for this development. Freeboard is defined as the difference between the flood defence level and the design flood level. This view was challenged by the developer’s engineers who argued that the use of the site for leisure, the distance from the sea, the ease with which flood events could be predicted and the fact that the site had been occupied for over 60 years without incident warranted a less stringent flood defence. In response, SEPA has acknowledged that it is for local authorities to determine planning applications and provided a planning condition is placed on any grant of planning permission ensuring that finished floor levels are set no lower than the estimated 1 in 200 year flood level of 3.6 AOD (local), SEPA is willing to withdraw its objection. The applicant is willing to accept a condition required by SEPA relating to the provision of an acceptable sustainable urban drainage system and the proposal is in accordance with both the Western Isles Structure and Local Plan. No objection has been received from consultees on traffic or noise issues and, for these reasons, it is recommended that the application be approved subject to the conditions appended to this report.

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

Contact Officer Name Cathy Leary Telephone: 01851 709316 Email: [email protected] Appendix 1 Schedule of proposed conditions 2 Site plan and elevations Background None Papers:

REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is an application for the erection of a large building measuring some 1184 square metres of leisure and retail space including a bowling alley and leisure centre. The site, which comprises 6637 square metres is located on ground to the north of the township road adjacent to the roundabout on the airport road. Access to the site is by an existing slip road on to the roundabout. The site, which was previously part of the military operations at Stornoway Airport is surrounded by tarmac surfaced roads and concrete surfaces and is located in a hollow below both the roundabout and the township road. The proposals include four car parking spaces for staff to the south of the site and provision for 50 spaces including disabled spaces to the west of the building.

REPRESENTATIONS 5.1 Objections have been received from the following:

• Margaret Lancaster, 8 Branahuie, Isle of Lewis; • Donald Martin, 9A Branahuie, Isle of Lewis.

5.2 The full terms of the objections can be read on the file at the Development Department. However, they can be summarised as follows:

• Concerns about the location; • Excessive traffic; and • Licensed premises causing disturbance to residents.

RESPONSES TO CONSULTATION

SEPA 6.1 ‘According to the topographical survey information and proposed site layout plan, the proposed bowling alley and the access route, with the exception of a very minor section at the north west corner of the building, will be located on land above a level of 3.6m AOD (local) i.e. outwith the functional coastal flood plain. SEPA can therefore remove its objection provided a planning condition is placed on any grant of permission ensuring that finished floor levels are set no lower than the estimated 1 in 200 year flood level of 3.6m AOD (local).

With regards to freeboard, it is noted that no additional allowance over and above the estimated flood level will be incorporated in the design. Freeboard is often defined as the difference between the flood defence level and the design flood level. It can also, however, be the difference between the design flood level and the finished floor levels of any development. A minimum freeboard of 500mm to 600mm is generally recommended by SEPA. Freeboard is required to account for (a) the uncertainties involved in flood design and (b) physical imponderables such as post-construction settlement or wave action. CIRIA Report C624 also recommends a freeboard allowance of 600mm.

It is also noted that no specific allowance has been made for the potential long term impacts of climate change such as sea level rise. Any allowance for climate change should be independent of the freeboard allowance. Although this is not specifically asked for in SPP7, paragraph 36 provides Local Authorities with scope for making such a climate change allowance if it can be justified. SEPA thus recognise that such advice is for Local Authorities to consider and determine. In the event that the Planning Authority proposes to grant planning permission contrary to the condition on flood risk requested in this response the application must be notified to the Scottish Ministers as per The Town and Country Planning (Notification of Applications) () Direction 2007.’

SCOTTISH WATER 6.2 ‘No known constraint in respect of capacity at the works. Developer to contact Scottish Water Ops TL re pipe locations. The developer must ascertain the most appropriate method of connection (water and wastewater) and seek approval for proposals from Scottish Water and apply for appropriate connections prior to any work commencing on site.’

HIGHLANDS AND ISLANDS AIRPORTS 6.3 ‘No objections.’

TECHNICAL SERVICES - ROADS 6.4 ‘The Comhairle's parking guidelines for office accommodation requires a minimum parking provision of 4 spaces per 100sq.m of gross floor area.’

This development of 1134sq.m requires a parking provision for 45 cars. In order to allow us to consider the application please submit a plan showing an adequate parking provision.’

DISABLED ACCESS 6.5 ‘A proportion of car parking spaces should be designed to be accessible to a person with mobility impairment, including a wheelchair user, and designated for use as such.

There should be an accessible route to the principal entrance to a building, and to any other entrance that provides access. An accessible route should contain no barriers, such as kerbs, steps or similar obstructions that may restrict access.’

BUILDING STANDARDS 6.6 ‘A water supply for the Fire Service should be provided by the provision of a hydrant or other means.’

COMHAIRLE ARCHAEOLOGIST 6.7 ‘There are no known archaeological issues relating to it, and no need to recommend an Archaeological condition, as the area is already significantly reworked by the military occupation of the site.’

CONTAMINATED LAND 6.8 ‘Please attach the following conditions: CF33, RF33 CF34, RF34 CF35, RF35 CF36, RF36

Also, WRAS Guidance ‘The Selection of Materials for Water Supply Pipes to be laid in Contaminated Land’ (No 9-04-03) should be consulted and used.’

ENVIRONMENTAL HEALTH 6.9 ‘No comments.’ VIEWS OF APPLICANT 7.1 Responses to Margaret Lancaster (dated 04/12/08) and Donald Martin (dated 03/12/08).

7.2 The Roads Department will, after their deliberations, determine the suitability of the roads for the traffic to and from this proposed development. My intention is to operate between the hours of 10am and 3pm (mainly for mothers and pre-school aged children) and from 6pm to 11.30pm (restricted to minimize any disturbance to local residents. 7.3 As the airport authorities have already indicated, they have no objection to this development although they did not comment on the proposed fencing and this matter is being dealt with by their estates department. The traffic issue raised has been addressed in the previous response. This is certainly not predominantly a drinking establishment; that is the function of the town centre bars. This development is to be an all age and family leisure facility. Licensed premises for this type of development would only represent about 17 percent of income. It is also worth noting that I have 2,500 people signed up amongst which are 15 youth clubs and P.H.A.B club who would not use the bar plus police department, ambulance staff, council staff and hospital staff, etc, which I regard as responsible sectors of the community. In order not to offend local religious tradition, I have no plans to operate on a Sunday as requested also by the airport authority. 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 DM1 Development proposals that can be The site is included in the Structure absorbed without harming the local Plan as a site currently identified for social, economic or environmental business development. characteristics of the Sustainable Community Area in which they are located, will generally be supported. Proposals serving social or community interests should have regard to the needs of the users of such facilities and be located near a public transport node/ junction/ interchange and/or within safe and easy walking or cycling distance of their catchment population. The Local Plan will identify The site is identified in the Local development opportunity sites Plan as a key local plan proposal. within settlements and townships based on the following sequential approach: i) firstly, re-using vacant or under- The development involves the re- utilised land/buildings already use of a brownfield site and may developed (‘brownfield sites’) provide opportunities for de- or emerging re-development contamination. opportunities; ii) secondly, land available in or near the middle of the settlement or township; and iii) thirdly, land available elsewhere The site is within the township of in the settlement or township. Melbost. DM4 The Comhairle will support The historical use of the site was for proposals that bring contaminated, military operations relating to vacant or derelict land back into Stornoway Airport and the beneficial use, while taking account development will allow the of ecological interests which may opportunity to carry out any de- have developed on the site. The re- contamination necessary. use of vacant and derelict properties is generally preferred to demolition and particular emphasis will be placed on proposals that return vacant listed buildings and other buildings of heritage or townscape value (including thatched buildings) to beneficial use where the character of the building can be retained. Local Plan allocations will be subject to a study of past contaminative uses to assess appropriate future uses, in line with the Comhairle’s Contaminated Land Inspection Strategy. The Local Plan will identify significant parcels of land or important buildings to which this policy applies.

DM7 In dealing with applications for development the Comhairle will take account of the requirements of other relevant Structure Plan policies and will ensure: i) quality siting, landscaping and The development is suitably designs that incorporate located. sustainable management techniques. (In this regard the

Comhairle will encourage development that follows the guidance contained in the Scottish Executive publication

‘Designing Places’ as well as its own Design Guidance); ii) no undue harm to It is not considered that the neighbouring uses as a result of development will have a detrimental the development; impact on neighbouring uses. iii) appropriate provision is made Provision has been made for to allow access for the disabled; disabled access. iv) the impact on the natural There are no natural heritage heritage is fully considered (e.g. implications. the Western Isles Landscape

Character Assessment will be used); There are no biodiversity interests v) biodiversity and ecological on this site. interests are maintained and, where possible, enhanced. (Account will be taken of the actions and priorities contained in the Western Isles Local Biodiversity Action Plan currently in preparation); vi) appropriate measures are in No objections have been received place for the safe movement of from the Comhairle Road Safety traffic and associated parking Officer. both on and off site; vii) there will be no pollution No pollution has been identified. outwith prescribed limits to air, land, fresh water or sea; viii) there will be no likelihood of causing harmful erosion; ix) account is taken of the No objection has been received requirements of safeguarding from the airport operators. zones notified by the Health and Safety Executive,* the Ministry of Defence and of Marine Consultation Areas.

* The Comhairle has been advised of consultation distances. The requirements of HSE will be fully acknowledged in assessing all development proposals. The Local Plan will provide further details on consultation areas and requirements for particular areas.

ED1 The Local Plan will identify new The site is identified in the Local business/industry sites within each Plan as a key local plan proposal. Sustainable Community Area suitable for a range of use classes where: i) no site is currently identified for business or industrial purposes*, or ii) an existing site listed below is full or nearing capacity and iii) an analysis of supply and demand for business units justifies a need for further sites to be identified for future development. * Sites currently identified include: Stornoway - Airport Use - see approved planning brief prepared)

ED5 The Comhairle will normally support proposals for sustainable tourism, including the provision of infrastructure and facilities. It is particularly keen on proposals that: i) provide opportunities for the The proposal may help to diversify enjoyment and interpretation the rural economy. of the natural and cultural heritage;

ii) help to diversify the rural economy; iii) lengthen the tourism season; and

iv) accord with the 2000-2005 Tourism in the Western Isles Strategic Plan. The Local Plan will identify specific The proposals support this policy sites suitable for tourism aspiration. developments and facilities including visitor attractions.

HCL4 Proposals for new facilities should The development supports this have regard to the catchment area policy aspiration. of potential users and to alternative schemes being considered in adjacent areas and be able to demonstrate that there is an unsatisfied demand for the facility in the location proposed.

RM3 The Comhairle will only support The development does not involve development proposals that would the loss of any agricultural land. result in a loss* of locally important agricultural land when all of the following are met.

9.3 Western Isles Local Plan

PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE LP/DM1 In assessing development The development complies with this proposals an appropriate and policy aspiration. acceptable quality of development and design that relates to setting will be required. Account will be taken of Structure Plan policy DM7 and of the considerations set out in: Appendix 2: Development and The design of the building reflects Design Considerations the requirement and location of the Appendix 3: Car Parking Provision site within the airport apron and as Appendix 4: Roads and Access. such is acceptable. In assessing developments, potential cumulative impacts will be considered on the area as a whole. Where a site is regarded as Conditions relating to any potential potentially contaminated, contamination will be imposed on developers should consult with the the planning permission. Comhairle to ensure a site specific risk assessment is undertaken and any proposed remediation measures complied with. In addition to the Structure Plan policy DM7 ix) safeguarding requirements, account will be taken of aerodrome safeguarding areas.

Prop The Comhairle will work with HIAL The development is in accordance LP/ED6 (Highlands and Islands Airport Ltd) with policy aspirations of the to finalise its proposed airport Western Isles Local Plan and the Master Plan. design is not likely to impact on the In assessing development operational activities at the airport. proposals in and around Stornoway

Airport account will be taken of the operational needs of the airport and aerodrome safeguarding requirements. The following uses may be appropriate: business/industry; hotel/conference facilities; retail - where ancillary to the main airport uses and subject to no significant detrimental impact on Stornoway’s role as the main retail centre. (A Retail Impact Assessment may be required); housing - subject to satisfactory integration with existing settlements patterns. The Developer will be required to produce a Flood Risk Assessment to ensure that the layout and design addresses and proposes measures to remove any risk from flooding. LP/ED2 Development proposals (particularly The proposed use is for leisure and for housing) adjacent to existing or as such should have relatively little proposed general industrial/storage impact on the residential amenities sites (use classes 5 & 6) or waste of neighbouring residents. management sites will be assessed carefully to ensure that the industrial activities are not constrained. This may be achieved either through creation of a buffer zone between the uses or by the use of design and landscaping techniques. OTHER PLANNING CONSIDERATIONS

Increase in Traffic and Noise Disturbance 10.1 One of the objectors raised the issue of the consequences for road safety of the additional traffic that the proposed development would attract if approved. It was alleged that any further increase of traffic on the township road where children played might pose real road safety issues for local residents. Additionally, the fact that the premises are to be licensed is, in both objectors’ opinion, likely to further increase traffic and cause disturbance to local residents. It should be noted however, that both the Western Isles Structure Plan and the Local Plan support this type of development in this location. Policy DM4 of the Structure Plan supports the re-use of brownfield sites and this application presents the opportunity to redevelop land that is potentially contaminated. Further, the site has been specifically identified as an economic development area in the Western Isles Local Plan Policy LP/ED6 and, provided the operational needs of the airport and aerodrome safeguarding requirements are not compromised, several uses including business/industry, retail, hotel/conference facilities would be considered appropriate. It could be argued that any one of these uses, if approved, would generate significant additional traffic and disturbance to local residents. Proximity to Airport Facilities 10.2 The issue of the proximity of the proposed development to the Stornoway airport facilities was of concern to one objector who considered that this was the wrong location for a bowling centre which in his view should be located nearer the town centre thus negating the use of cars and other potential driving problems. However this is a very large building which would be difficult to assimilate into the streetscape within or at the edge of the town centre. Because of the topography of the site, the relatively low pitch and height and its position below the township road, the building will have a minimum impact in terms of visual intrusion on adjoining residential properties.

Sunday Operations 10.3 One objector requested that there be no Sunday operations at the site. This restriction on development would be by the imposition of planning conditions. However, planning conditions are required to be necessary, relevant to planning, relevant to the development being permitted, enforceable, precise and reasonable in all other aspects. Further, the planning authority must provide a reason why the condition was imposed and that reason must have clear land use planning objectives. A condition that requires the development to cease on one day of the week is considered unduly restrictive and does not reflect the advice that conditions on planning permission may only be imposed if they are both necessary and effective and do not place unjustifiable burden on the applicant. No reason was given by the objector to justify why development should not take place on Sunday. However, given the existing traffic to the airport on Sundays it is unlikely that the proposed development would significantly increase the impact on residential amenities. The applicant has indicated in his application form that he does not wish to operate on Sundays.

Supporting Policy 10.4 In assessing an application for planning permission, the Comhairle must base its decision on the statutory Development Plan and Scottish Executive Guidance unless material considerations indicate otherwise. Both the Western Isles Structure Plan and the Local Plan support the proposed development and the site has been identified as an economic development area in the Local Plan Policy LP/ED6, Stornoway Airport. The developer has produced a flood risk assessment with which SEPA is now satisfied. Scottish Planning Policy Guidance 15 identifies planning’s role in rural developments as enabling and creating opportunities for development in sustainable locations where, for example, infrastructure capacity and good access exist or can be provided at reasonable cost or to meet justifiable social and economic objectives. Rural and urban areas are recognised as interdependent with rural areas depending on urban areas for a range of services while providing quality recreational and leisure experiences for the urban population.

CONCLUSIONS 11.1 The application is for the erection of a large building for leisure facilities at Stornoway airport. The site, a former military camp, has been identified as a brownfield site located adjacent to the Branahuie settlement with potential for development and also providing the opportunity to ‘clean up’ potentially contaminated land. The issues relating to flood risk have now been resolved. SEPA has asked that a condition be imposed relating to the submission of a sustainable urban drainage system to deal with surface water drainage. No objections have been raised by any other statutory consultees. The proposals are supported by the Development Plan and by national planning policy guidelines and for these reasons it is proposed that the development be approved subject to the conditions appended to this report APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

APPLICATION REFERENCE NO: 08/00504

Condition 1 The development to which this planning permission relates shall commence within five years from the date of this permission. Reason To comply with section 58 of the Town and Country Planning (Scotland) Act, 1997.

Condition 2 Prior to the Leisure Centre hereby approved being occupied, provision shall be made within the curtilage of the building for 45 car parking spaces. Each space shall be at least 2.5 metres by 5 metres wide and surfaced with pavers or other suitable bound material. Reason To ensure that adequate provision is made for parking clear off the highway in the interests of road safety.

Condition 3 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 Western Isles Structure Plan and because drainage to the public system is in the best interests of public health.

Condition 4 No development shall take place on site below 3.6m AOD (local). Reason In order to protect the development from flood water.

Condition 5 All the finished floor levels in all buildings shall be a minimum level of 3.6m AOD (local). Reason In order to protect the development from flood water.

Condition 6 Prior to commencement of development at the site, details of a Sustainable Urban Drainage system (SUDs) that will ensure there will be no unacceptable impact on the environment shall be submitted to the Comhairle as Planning Authority. The approved details shall then be implemented to the satisfaction of the Comhairle as Planning Authority. Reason In order to safeguard the environment.

APPENDIX 2