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PURPOSE of REPORT Since the Application Is Considered by the Appointed Officer to Be Sensitive, the Planning Application Is Presented to the Committee for a Decision

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PURPOSE of REPORT Since the Application Is Considered by the Appointed Officer to Be Sensitive, the Planning Application Is Presented to the Committee for a Decision ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 7 JUNE 2016 16/00089/PPD – ERECT HOUSE AND UTILITY STORE, INSTALL AIR SOURCE HEAT PUMP AND INSTALL WATER PIPE, THE COTTAGE, CLADDACH VALLAY, SOLLAS, ISLE OF NORTH UIST Report by Director of Development PURPOSE OF REPORT Since the application is considered by the Appointed Officer to be sensitive, the planning application is presented to the Committee for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendations being implemented. SUMMARY 2.1 It is proposed to erect a detached house close to the ruin of a former cottage. The surrounding land is in active agricultural use, being used to graze sheep and Highland cattle. A similar proposal on the site of the ruined cottage was refused in 2012 because the site is outwith a settlement area, with no need identified for that location; and because of likely harm to archaeology (ref 12/00218/PPP). The siting now proposed is acceptable to the Comhairle Archaeologist. Policy 1 of the Outer Hebrides Local Development Plan (OHLDP) provides for development outwith settlement areas where there is a “clearly justified and demonstrated need for the proposed development” and siting, design and landscape impact are acceptable. The latter criteria can be met. With regards to a justifiable need, the applicant has said that the house would be occupied during the winter months by an agricultural worker who would oversee a large Highland cattle herd on Vallay. A house on the site would offer especially good views across Vallay. The applicant has submitted a supporting statement from the Scottish Agricultural College (SAC) in this regard. The applicant has also indicated that the house will be rented out as a holiday let during summer months. 2.2 In assessing whether the need is sufficiently justified, the arguments have a degree of balance. It is fact that there is a large herd of Highland cattle on Vallay, and some on the land around the proposed house, which require regular monitoring and feeding. A house on the application site would be convenient for this. On the other hand, the applicant has access to land, with current planning permissions, within the settlement area of Claddach Vallay which could be suitable for a house that would be as convenient, if not more convenient for accessing Vallay. The settlement area, however, is generally lower lying than the application site and more distant (in terms of view) from Vallay. There would be a better view of larger areas of Vallay from a house on the application site. It is considered that the good views of Vallay from the application site, combined with the supporting comments by the SAC relating to large herd of Highland cattle requiring monitoring and attention, means that there is a justified need which could allow the proposal to pass the Policy 1 tests for development outwith settlement areas. 2.3 Other material planning considerations are that there was a house on land adjacent to the application site in the past, the ruin of which remains; vehicular access would utilise an existing access track; a camp site on land to the north and further away from the settlement of Claddach Vallay was approved in 2012 (ref 12/00330/PPD); the development could assist local employment; and Scottish Planning Policy (SPP) promotes rural development, and where appropriate (and in compliance with other planning policy) allows for the construction of single houses outwith settlements. It is considered these material considerations are not of such significance to approve the application outwith a settlement. 2.4 Overall, it is however considered that, the proposal can meet the criteria of Policy 1 for development outwith settlement areas and in particular that there is a sufficient justification for an approval based on the need for the development in that location. RECOMMENDATION 3.1 It is recommended that the application be APPROVED subject to the conditions shown in Appendix 1 to this Report. Contact Officer: Alastair Banks Telephone: 01870 604990 Email: [email protected] Appendix: 1 Schedule of Proposed Conditions 2 Design Statement 3 Location and Site Plan; Elevations; and Route for Water Pipe 4 Letter from the SAC. Background Papers None REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 It is proposed to erect a detached single-storey house and detached utility store on land adjacent to the ruins of a former house. The house would be 20m x 6m and contain two bedrooms. It would be 5.5m high to the ridge of a pitched roof in black fibre cement or Welsh slates. The walls would be white wet dash render and stone. A 6m x 4m utility store with stone walls and a slate roof would be erected on the west side of the house. The house would have an air source heat pump and water would be supplied via a pipe that would cross the shore from Claddach Vallay to the east. Access would utilise an existing track from the A865. 4.2 The proposal is within the class of Local development within the Planning Hierarchy. It does not require an Environmental Impact Assessment. 4.3 Because the site is in the South Lewis, Harris and North Uist National Scenic Area (NSA) there is a statutory requirement for the application to be accompanied by a design statement. The one submitted with this application is contained at Appendix 2 to this Report. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 5.1 A similar proposal on the site of the ruined cottage was refused on 13 July, 2012 because the site is outwith a settlement area, with no need identified for that location; and because of likely harm to archaeology (ref 12/00218/PPP). RESPONSES TO CONSULTATION COMHAIRLE ARCHAEOLOGIST 6.1 “Please be advised that following a meeting on site with the applicants last week, an area was identified where the proposed development would not impact on any archaeological features. It should be noted that three archaeological features were identified close to the site and it was understood that in all phases of construction of the potential development, these sites should be avoided entirely (including material dumps and heavy plant). The archaeological features identified comprise of sub oval raised areas with occasional stones visible within the distinct grass mounds; these features are located at grid references NF 76933 74261, NF 76959 74246, and NF 76079 74265. Also discussed were the routes and provisions for services. Electricity will presumably spur off the existing power line adjacent to the road. The water supply was suggested to come across the sand in the tidal zone from the recent developments along the shore to the south east. This solution should be possible, however it should be noted that the area to the east and south east of the proposed development has numerous recorded archaeological features on land and within the tidal zone. It will be important that a route avoiding any impact on archaeological features is identified prior to this aspect of the project commencing. This should be possible given that the pipeline is of a small scale and is flexible; the Archaeology Service can offer advice in this regard. The applicant is not required to submit an amended plan with a different siting for the house.” TECHNICAL SERVICES ROADS 6.2 “Existing access bell-mouth to be surfaced and drained accordingly to ensure no surface water flows on to public highway. See attached "Guidelines for Access" drawing for conditions. Any damage caused to the public highway due to construction traffic involved in this development to be repaired to the satisfaction of the Comhairle's Technical Services Department. Public road to be kept clean at all times when materials, etc., are being transported to the development site.” BUILDING STANDARDS 6.3 “Building should be accessible to the fire and rescue services and a suitable turning area for vehicles should be provided. Septic tank and soakaway are shown to be possibly within 5.0m of the site boundary. If so evidence of permission for this must be provided. Suitable access for septic tank servicing vehicles must be provided to within 25.0m of the septic tank and able to support an axle loading of 14 tonnes. Percolation test result must be provided as the area of soakaway will depend on this. A Building Warrant will be required.” SCOTTISH WATER 6.4 There was no response from this consultee at the time of report preparation. REPRESENTATIONS 7.1 None. VIEWS OF THE APPLICANT 8.1 The applicant is aware that the site is outwith a settlement area (as defined by Policy 1 of the OHLDP) where the development of a house will only be allowed if there is a “clearly justified and demonstrated need”. The following statement has been submitted in this regard: “The applicant’s crofting company i.e. Firm of Ardbhan Croft is by far the largest crofting enterprise in the Western Isles. He is responsible for over 3200 acres and his organic fold of 350 pedigree Highland Cattle is the largest in Europe. The land includes two islands of which Vallay island is regarded as one of the most fertile areas in the Outer Hebrides. Vallay is cropped extensively and fertilised by using over 2000 tonnes of seaweed as a natural fertiliser which is gathered in the winter months and spread during spring. In October the herd of cattle are moved from their summer grazing to Vallay until May the following year. The cattle require to be fed daily with silage and compound feed and this has to be done when the tide is low to enable access to the island.
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