PLANNING COMMITTEE of ORKNEY ISLANDS COUNCIL Held in COUNCIL OFFICES, KIRKWALL on 16 MARCH 2016 at 10.30Am

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MINUTE of the MEETING of the PLANNING COMMITTEE of ORKNEY ISLANDS COUNCIL held in COUNCIL OFFICES, KIRKWALL on 16 MARCH 2016 at 10.30am

Present: Councillors Robin W Crichton, Owen Tierney, Janice Annal, Maurice C Davidson, Andrew Drever, J Harvey Johnston, Rachael A King, W Leslie Manson, James W R Moar, Graham L Sinclair and James W Stockan

Clerk to the Committee: Angela Kingston, Committees Officer

In Attendance: Roddy MacKay, Head of Planning and Regulatory Services Fiona Mullen, Planning Manager (Development Management) Peter Trodden, Solicitor Margaret Gillon, Senior Planner (for Items 3 to 5) Jamie Macvie, Senior Planner Sue Doyle, Planning Officer (for Item 1) Donald Wilson, Roads Authority Officer (for Item 1)

Observing: Susan Shearer, Senior Planner (Development and Marine Planning) (for Item 1) Alison Poke, Graduate Planner (for Items 1 to 5)

Apology: Councillor William T Stout

Declarations of Interest: Councillor Janice Annal – Items 2 and 5 Councillor W Leslie Manson – Item 1

Councillor Robin W Crichton in the Chair

1. PLANNING APPLICATION 15/467/PIP PROPOSED CREATION OF FOUR HOUSE SITES AND ACCESS AT HEDDLE ROAD, FINSTOWN

Councillor W L Manson declared a non-financial interest in this item, in that he was a former work colleague of the applicant’s spouse, and was not present during discussion thereof.

Alistair Bruce, applicant, and Angela Barnett, Jeannie Wright and Victor Muir, objectors, were present during consideration of this item.

After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Planning Officer, the Committee:-

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NOTED:-

1.1. that letters of objection relating to the application for planning permission in principle in respect of the proposed creation of four house sites and an access at Heddle Road, Finstown, had been received from the following:-

1.1.1. Angela and William Barnett, Garaber, Heddle Road, Finstown; 1.1.2. Monica Baikie, Fiold, Heddle Road, Finstown; 1.1.3. Paul and Patricia Wishart, 2 Hill of Heddle, Finstown; 1.1.4. Jean Woodfield, 4 Hill of Heddle, Finstown; 1.1.5. Isobel Williams, 5 Hill of Heddle, Finstown; 1.1.6. Sylvia and Erlend Manson, Stenaquoy, Heddle Road, Finstown; 1.1.7. John and Fiona Wood, Stenwood, Heddle Road, Finstown; 1.1.8. Jeannie Wright, Ryvoan, Norseman, Firth; 1.1.9. Janice Harcus, Brekka, Heddle Road, Finstown; 1.1.10. Victor Muir, Cumminess Farm, Stenness; 1.1.11. Tim Dean, Orcadia, Willow Road, Kirkwall; 1.1.12. John Crossley, North Flaws, St Margaret’s Hope; 1.1.13. Malcolm and Trudy Marwick, Benbeoch, Heddle Road, Finstown; and 1.1.14. Firth and Stenness Community Council, c/o Carole Linklater, Stonelea, Stenness;

1.2. that, on 27 January 2016, the Planning Committee deferred consideration of the application for the proposed creation of four house sites and an access at Heddle Road, Finstown, to enable:-

1.2.1. members of the Committee to undertake an unaccompanied site visit, with an officer from Roads Services in attendance to respond to any queries in respect of the proposed access; and

1.2.2. the Executive Director of Development and Infrastructure to ensure that the following information was made available to the Committee:-

1.2.2.1. a map which clearly indicated all aspects of the proposed development for which planning permission in principle was being sought; and

1.2.2.2. relevant extracts from the Finstown Tree Preservation Order relating to the area of land for the proposed development;

1.3. that the site visit, referred to at paragraph 1.2.1 above, had taken place at 9.30am on 16 March 2016; and

1.4. that the information, referred to at paragraph 1.2.2 above, had been provided to the Committee as part of the report by the Executive Director of Development and Infrastructure.

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After hearing representations from Angela Barnett, objector, and from Alistair Bruce, applicant, Councillor M C Davidson, seconded by Councillor A Drever, moved that planning permission be granted in respect of the proposed creation of four house sites and an access at Heddle Road, Finstown, subject to conditions as proposed by officers.

Councillor R W Crichton, seconded by Councillor O Tierney, moved an amendment that the application be refused, as the proposed development was contrary to part A of Policy N1, Policy N4, part 1 of Policy N7 and sections 1 and 6 of Policy SD1 of the Orkney Local Development Plan 2014.

On a vote being taken 5 members voted for the amendment and 5 for the motion, and, on the casting vote of the Chair, the Committee:-

RESOLVED, in terms of delegated powers:-

1.5. that the application for planning permission in principle in respect of the proposed creation of four house sites and an access at Heddle Road, Finstown, be refused; and

1.6. that the Committee’s reasons for refusing planning permission against the recommendation of the Executive Director of Development and Infrastructure were that, in the Committee’s opinion:-

1.6.1. the proposed development would be conspicuous as it was sited on the higher ground above the village and would have a significant adverse effect on the landscape character of the area;

1.6.2. in light of the likely presence of European Protected Species (otters and bats) on the site, together with its wider biodiversity value as a habitat for other significant flora and fauna, and the lack of comprehensive surveys to confirm whether or not such species were present, any potential detrimental impacts on the species could not be demonstrated to be satisfactorily mitigated;

1.6.3. there would be a detrimental impact on the adjacent woodland caused by the proposed access road for the development encroaching on land protected by the Finstown Tree Preservation Order;

1.6.4. the proposed development would not protect nor enhance Orkney’s natural environment and would have an unacceptable impact on the amenity of residents by removing a locally important area of habitat and open space; and

1.6.5. the proposed access to the site was not in accordance with that detailed in the Settlement Statement contained in the Local Development Plan (Site F-A) which indicated that access would be taken from the access road into previously developed land directly to the south of the site (Hill of Heddle road);

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and was therefore contrary to:-

1.6.6. part A of Policy N1 – Landscape Conservation, Policy N4 – Wider Biodiversity and Geodiversity, part 1 of Policy N7 – Trees and Woodland and sections 1 and 6 of Policy SD1 – Criteria for All New Development of the Orkney Local Development Plan 2014.

2. PLANNING APPLICATION 15/410/PP PROPOSED CREATION OF THREE SERVICED HOUSE SITES AT CASTLEHAME, CARNESS ROAD, ST OLA

Councillor J Annal declared a non-financial interest in this item, in that she was related to the applicant, and was not present during discussion thereof.

Raymond Sinclair, applicant, and Robert Cross, agent for the applicant, were present during consideration of this item.

After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from J Macvie, Senior Planner, the Committee:-

NOTED:-

2.1. that letters of objection relating to the application for planning permission in respect of the proposed creation of three serviced house sites at Castlehame, Carness Road, St Ola, had been received from the following:-

2.1.1. Mr and Mrs Shearer, Four Seasons, Carness Road, St Ola; and 2.1.2. G and S Laidlow, Innischonnel, Carness Road, St Ola.

After hearing representations from Raymond Sinclair, applicant, the Committee:-

RESOLVED, in terms of delegated powers:-

2.2. that planning permission be granted in respect of the proposed creation of three serviced house sites at Castlehame, Carness Road, St Ola, subject to the conditions listed in Appendix 1 to this Minute.

3. PLANNING APPLICATION 15/542/PP PROPOSED ERECTION OF HOUSE WITH DETACHED GARAGE AT STEINFLETT, DEERNESS

Alan Munro, representing the applicants, Alan and Kate Munro, and Michael and Elizabeth Mahoney, objectors, were present during consideration of this item.

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NOTED:-

3.1. that a letter of objection relating to the application for planning permission in respect of the proposed erection of a house with detached garage at Steinflett, Deerness, had been received from M and E Mahoney, Taingholm, Deerness.

After hearing representations from Michael Mahoney, objector, and from Alan Munro, representing the applicants, Alan and Kate Munro, the Committee:-

RESOLVED, in terms of delegated powers:-

3.2. that planning permission be granted in respect of the proposed erection of a house with detached garage at Steinflett, Deerness, subject to the conditions listed in Appendix 2 to this Minute.

4. PLANNING APPLICATION 15/592/PIP PROPOSED SITING OF HOUSE AT 22 HIGH STREET, KIRKWALL

NOTED:-

4.1. that a letter of objection relating to the application for planning permission in principle in respect of the proposed siting of a house at 22 High Street, Kirkwall, had been received from Hannah David, 24 High Street, Kirkwall.

After hearing a statement from Craig Smith, agent for the applicant, Jennifer Smith, which was read out by the Clerk, the Committee:-

RESOLVED, in terms of delegated powers:-

4.2. that planning permission in principle be granted in respect of the proposed siting of a house at 22 High Street, Kirkwall, subject to the conditions listed in Appendix 3 to this Minute.

5. PLANNING APPLICATION 15/603/PIP PROPOSED SITING OF HOUSE AND CREATION OF ACCESS FOR RETIRING FARMER AT GARTH, SOUTH RONALDSAY

Councillor J Annal declared a non-financial interest in this item, in that the applicant was known to her husband, but concluded that her interest did not preclude her involvement in the discussion.

David Taylor, applicant, and Peter Finnigan, agent for the applicant, were present during consideration of this item.

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After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from M Gillon, Senior Planner, and representations from David Taylor, applicant, Councillor R A King, seconded by Councillor J W Stockan, moved that the application for planning permission in principle in respect of the proposed siting of a house and creation of an access for a retiring farmer at Garth, South Ronaldsay, be refused for the reasons set out in the report by the Executive Director of Development and Infrastructure.

Councillor O Tierney, seconded by Councillor W L Manson, moved an amendment that planning permission in principle be granted as, in their opinion, the proposed development complied with Policies C1 – Housing in the Countryside, SD1 – Criteria for All New Development, N1 – Landscape Conservation and D5 – Access to New Development of the Orkney Local Development Plan 2014 and the Supplementary Guidance on Housing Development in the Countryside.

On a vote being taken 8 members voted for the amendment and 3 for the motion, and the Committee:-

RESOLVED, in terms of delegated powers:-

5.1. that planning permission in principle be granted in respect of the proposed siting of a house and creation of an access for a retiring farmer at Garth, South Ronaldsay;

5.2. that powers be delegated to the Executive Director of Development and Infrastructure to issue the consent, referred to at paragraph 5.1 above, incorporating standard conditions, together with the following condition:-

“The dwellinghouse hereby approved shall, throughout the lifetime of the development, remain linked to the agricultural operation at Kirkhouse, St Margaret’s Hope, and shall thereby not be occupied outwith the control of the agricultural operation, unless otherwise agreed, in writing, by the Planning Authority.

Reason: To ensure that the dwellinghouse remains linked to the agricultural operation to provide accommodation for an agricultural worker should the need arise again in the future and to accord with Policy C1 of the Orkney Local Development Plan 2014 and Supplementary Guidance 'Housing Development in the Countryside'.”; and

5.3. that the Committee’s reasons for granting planning permission against the recommendation of the Executive Director of Development and Infrastructure were that, in the Committee’s opinion:-

5.3.1. the proposed dwellinghouse was sited within the same agricultural holding as the farmhouse from which the farmer was retiring;

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5.3.2. although the proposed site was 5.7km from the main farmhouse and steadings at Kirkhouse, the distance was considered to be sufficiently close to allow the farmer to contribute effectively to the operation of the farm holding on a part-time or occasional basis following retirement;

5.3.3. as the proposed location was highly accessible to St Margaret’s Hope, being within walking distance of key local facilities in the village, and the proposed site was poorer quality agricultural land which was difficult to work efficiently, the location and siting of the proposed development would not have an unacceptable impact on the amenity of neighbouring residents;

5.3.4. the location and siting of the proposed house site would not have a significant adverse effect on the landscape or townscape character of the area as it was considered that a further single house could be accommodated within what was already a settled landscape without creating a detrimental landscape and visual impact; and

5.3.5. whilst acknowledging that the length and route of the proposed access would have a negative visual impact on the landscape, the access point with the A961 had been agreed with Roads Services as being the most appropriate from a road safety point of view;

and accordingly, the proposed development complied with:-

5.3.6. Policies C1 – Housing in the Countryside, SD1 – Criteria for All New Development, N1 – Landscape Conservation and D5 – Access to New Development of the Orkney Local Development Plan 2014; and

5.3.7. Supplementary Guidance on Housing Development in the Countryside.

6. PLANNING APPLICATION 16/002/PP PROPOSED CREATION OF ACCESS AND ERECTION OF FENCE AT WELL PARK, STROMNESS

NOTED:-

6.1. that a letter of objection relating to the application for planning permission in respect of the proposed creation of an access and erection of a fence at Well Park, Stromness, had been received from Stromness Golf Club, c/o Francesca Couperwhite, Back Road, Stromness.

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The Committee RESOLVED, in terms of delegated powers:-

6.2. that the application in respect of the proposed creation of an access and erection of a fence at Well Park, Stromness, be refused; and

6.3. that the Committee’s reasons for refusing planning permission against the recommendation of the Executive Director of Development and Infrastructure were that, in the Committee’s opinion:-

6.3.1. the basic design and scale of the proposed development and its use as a site compound would not improve the character of the built environment in a prominent location and would not reflect the traditional character of the surrounding environment;

6.3.2. the proposed use of the site as a site compound did not make efficient use of the land and would restrict the current informal use of the site for overspill parking associated with Stromness Golf Club; and

6.3.3. through removal of an area of land used for informal parking by users of Stromness Golf Club, the proposed development would have an unacceptable impact on the amenity of residents due to inadequate provision for vehicle parking in the area;

and was therefore contrary to:-

6.3.4. section 1 of Policy D9 – Standards of Design and sections 1, 2, 4 and 6 of Policy SD1 – Criteria for All New Development of the Orkney Local Development Plan 2014.

Councillors J H Johnston and J W R Moar left the meeting during discussion of this item.

7. CONCLUSION OF MEETING

At 1.30pm the Chair declared the meeting concluded.

Signed: Rob Crichton

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Appendix 1

Proposed Creation of Three Serviced House Sites at Castlehame, Carness Road, St Ola (15/410/PP)

GRANT subject to the following conditions:

01. Hours of construction and demolition work on site involving the use of machinery and powered tools, or any other operation, for example hammering, that would generate noise audible beyond the boundary of the site, shall only take place between the hours of 8am and 6pm Mondays to Fridays, 8am to 12.30pm on Saturdays and not at all on Sundays or the Christmas or New Year Public Holidays, unless otherwise agreed, in writing, with the Planning Authority.

Reason: To safeguard the amenity of nearby residents.

02. Prior to the commencement of any works within the application site, the following details and construction specifications shall be submitted to, and approved in writing by, the Planning Authority:

(a) the junction of the proposed access road with the public road; (b) road widening across the site frontage; (c) road taper of 10 metres both sides of widening; (d) access road tarred surface; and (e) a passing place in the public road south of the application site.

Thereafter, the development shall be carried out in accordance with these approved details.

Reason: To protect road safety and the appearance of the area.

03. No further development shall be carried out within the application site until all works specified in condition 02, the surface water drainage system, and the re-grading of ground levels are completed in accordance with approved details.

Reason: To protect the sites from coastal flooding, surface water and to protect road safety.

Note: No built development shall take place on land below 3.23m AOD, and all finished floor levels shall be a minimum of 3.85m AOD.

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Appendix 2

Proposed Erection of House with Detached Garage at Steinflett, Deerness (15/542/PP)

GRANT subject to the following conditions:

01. The development hereby approved shall be finished externally using the following materials and colours, unless otherwise agreed, in writing, by the Planning Authority:

(a) Roof – corrugated metal, dark grey; (b) Walls – white render and timber cladding; (c) Rainwater goods – grey; (d) Windows and doors – grey; and (e) Site boundary – post and wire fencing.

Reason: To protect the appearance of the area.

02. Hours of construction and demolition work on site involving the use of machinery and powered tools, or any other operation, for example hammering, that would generate noise audible beyond the boundary of the site, shall only take place between the hours of 8am and 6pm Mondays to Fridays, 8am to 12.30pm on Saturdays and not at all on Sundays or the Christmas or New Year Public Holidays, unless otherwise agreed, in writing, with the Planning Authority.

Reason: To safeguard the amenity of nearby residents.

03. The junction of the access hereby approved with the public road shall be constructed to Roads Services standard SD-03 (Typical Access Over Verge for Single Dwelling), attached to and forming part of this decision notice. The access shall be constructed and completed in accordance with these details prior to the commencement of any works within the application site, and thereafter shall be retained in accordance with these details throughout the lifetime of the development, unless otherwise agreed, in writing, by the Planning Authority.

Reason: To protect road safety.

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Appendix 3

Proposed Siting of House at 22 High Street, Kirkwall (15/592/PIP)

GRANT subject to the following conditions:

01. Within three years of the date of this permission, a written application and plans for approval of the following matters shall be submitted to, and approved in writing by, the Planning Authority:

(a) the siting, design and external appearance of all buildings and other structures, (b) the access details including a surface water drainage scheme, (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works; and (f) the disposal of sewage.

No development shall commence until all of these matters have been approved and, thereafter, the development shall be carried out in accordance with the approved details, unless otherwise agreed in writing by the Planning Authority.

Reason: To accord with the Town and Country Planning (Scotland) Act 1997 as amended, as the approval is in principle only.

02 In accordance with condition 01 above, access details submitted shall include all tree protection measures included in submitted drawing ‘LOCATION PLAN, SITE PLAN AND SECTION A-A, Rev A’. The two mature trees located within the application site, and identified in the above drawing, shall not be pruned, felled, or otherwise affected, including works to tree roots, without the written consent of the Planning Authority.

Reason: To protect the health and appearance of mature trees and to protect the character and appearance of the area.

03. Hours of construction work on site involving the use of machinery and powered tools, or any other operation, for example hammering, that would generate noise audible beyond the boundary of the site, shall only take place between the hours of 7.30am and 7pm Mondays to Fridays, 9am to 5pm on Saturdays and not at all on Sundays or the Christmas or New Year Public Holidays, unless otherwise agreed, in writing, with the Planning Authority.

Reason: To reduce disturbance to residents.