ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 3 SEPTEMBER 2013

13/00335/PPD – HOUSING DEVELOMENT, KENNEDY VIEW, LEURBOST, LOCHS, . APPLICATION FOR PLANNING PERMISSION TO ERECT 4 DWELLING HOUSES. WORKS INCLUDE CONNECTION TO EXISTING SERVICES, INSTALLATION OF 4 AIR SOURCE HEAT PUMPS AND FORMING OF ACCESS AND CAR PARKING AREA.

Report by Director of Development

PURPOSE OF REPORT Since the Comhairle has an interest, as landowner, in the land to which the application relates and the application has received six or more letters of representation, the planning application cannot be dealt with under delegated powers and is presented to Committee for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This is a planning application by CalMax Construction Ltd, 1 Blackwater, Newmarket, Isle of Lewis, for the erection of 4 dwelling houses (in two semi-detached blocks), including connection to existing services, installation of air source heat pumps, and the formation of an access and car parking area at Kennedy View, Leurbost, Lochs, Isle of Lewis.

2.2 The site comprises part of the site of a former school, redeveloped as six serviced house plots following receipt of planning consent in 2005. The site is identified for housing within the Local Development Plan (Proposal Site H1i). The site is within the settlement and not within an area of natural heritage designation.

2.3 Six representations have been received regarding the proposal. The representations cite potential amenity impacts from overlooking and overshadowing; inappropriate design; noise impacts; potential adverse impact on the public sewer and surface water drainage; unsafe access on to the public road; overdevelopment and setting an undesirable precedent, social housing is not appropriate in this location, the plots were originally created for private sale; the development will lead to more social housing in the area and may affect the security of local residents; and the potential impact on house values.

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

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

Contact Officer Eric Wojchik Telephone: 01851 822690 Email: [email protected] Appendix 1 Schedule of Proposed Conditions 2 Location/Site and Elevation/Floor Plans Background Papers None DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application for the construction of 4 dwelling houses (in two semi- detached blocks) including connection to existing services, and installation of air source heat pumps, at Kennedy View, Leurbost, Lochs, Isle of Lewis.

4.2 The site is an irregular shape and 1830 sq metres in area and comprises part of the site of a former school redeveloped as six serviced house plots following receipt of planning consent in 2005. The site is approximately 10 metres to the north of the public road, located within a residential area, rises slightly from the public road and is fairly level.

4.3 The proposed site consists of two of the formerly serviced plots and an existing hammerhead turning area linked via an existing access road to the Leurbost to Crossbost public road. The proposal includes provision of car parking and turning, surface water drainage, connection to the public sewer and public water supply and the installation of 5kw Ecodan air source heat pumps sited to the south elevation of each of the 4 houses.

4.4 The houses consist of one semi-detached unit comprised of two 2-bedroom dwellings (western plot) and one semi-detached unit comprised of two 1-bedroom dwellings (eastern plot). Both semi-detached units are single storey bungalows, with pitched roofs and porch entrances facing north. The proposed semi-detached unit sited in the western plot measures 5 metres high, 17.7 metres long, and 8.8 metres wide. The proposed semi-detached unit sited in the eastern plot measures 4.9 metres high, 15.3 metres long, and 7.7 metres wide. It is proposed to erect rylock fencing to the boundaries.

4.5 The two blocks of buildings are to be sited in the two southernmost plots located within the cul de sac. Eight parking bays will be created within the site area. All parking bays are located in the north portion of the site, adjacent to the existing hammerhead turning area.

4.6 The site is not within an area of natural heritage designation.

4.7 The proposed development will be served by mains electricity, public water and the public sewer. An existing SuDS system for surface water drainage is located within each plot and piped to the south of the site, in order to provide water attenuation (via a rubble soakaway) prior to drainage to an existing watercourse.

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

ADMINISTRATIVE PROCESSES 5.1 The planning application by CalMax Construction Ltd, 1 Blackwater, Newmarket, Isle of Lewis HS2 0EE was registered on 28 June 2013.

5.2 The planning application was advertised for public comment in the public notices section of the Gazette in the publication dated 04 July 2013, as required by Regulations.

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

PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 The site received planning permission via consent 04/00570, which provided permission for the formation of an access road and creation of six serviced housing plots. These works were implemented and completed. 7.2 The site is identified for housing within the Outer Hebrides Local Development Plan (Proposal Site H1i).

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.

TECHNICAL SERVICES (ROADS) 8.2 ‘Provide 2 parking bays at each property within the site boundary. The first 3m of this parking bay should be bound with either bitmac, concrete or lockblock. Dropped kerbs to be installed in accordance with drawing 13/00335.’

SCOTTISH WATER 8.3 ‘The water network that serves the proposed development may be able to supply the new demand. Water Treatment Works - has limited capacity available for new demand. The Developer should discuss their development directly with Scottish Water. Crossbost Wastewater Treatment Works - at present there is limited capacity to serve this new demand. The Developer should discuss their development directly with Scottish Water. In some circumstances it may be necessary for the Developer to fund works on existing infrastructure to enable their development to connect. Should we become aware of any issues such as flooding, low pressure, etc the Developer will be required to fund works to mitigate the effect of the development on existing customers. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules. A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water requires a sustainable urban drainage system (SUDS) as detailed in Sewers for Scotland 2 if the system is to be considered for adoption. If the connection to public sewer and/or water main requires to be laid through land out- with public ownership, the developer must provide evidence of formal approval from the affected landowner(s). This should be done through a deed of servitude. It is possible this proposed development may involve building over or obstruct access to existing Scottish Water infrastructure. On receipt of an application Scottish Water will provide advice that advice that will require to be implemented by the developer to protect our existing apparatus.’

BUILDING STANDARDS 8.4 ‘The surface water soak-away will need to be positioned at least 5 metres from any boundary. A wayleave will be required for connection to the existing watercourse, which is positioned outwith the site boundaries.’

MINISTRY OF DEFENCE 8.5 ‘The MOD has no safeguarding objections to this proposal.’

HIGHLANDS AND ISLANDS AIRPORTS LTD 8.6 No response from this consultee at the time of writing.

CLEANSING 8.7 No response from this consultee at the time of writing.

ENVIRONMENTAL HEALTH 8.8 ‘Noise from the air source heat pump shall not give rise to a noise level within any dwelling or noise sensitive premises in excess of that equivalent to Noise Rating Curve 25 between 2300 and 0700 and Noise Rating Curve 35 at all other times. The noise measurements shall be taken with the windows open at least 50mm.

Noise from the air source heat pump shall not exceed 50 dB(A) Leq(1hr) as measured within the external amenity space of any noise sensitive premises.’

REPRESENTATIONS 9.1 Representations have been received from the following:  Mr Iain Macaskill, 2 Kennedy View, Leurbost, Lochs, Isle of Lewis HS2 9NG;  Mr Trevor Bailey and Ms Sandra Duke, 80 Leurbost, Lochs, Isle of Lewis HS2 9NS;  Mr Alan Boyd and Mrs Joan Boyd, 36A Leurbost, Lochs, Isle of Lewis HS2 9NU;  Mr William Macleod, 34B Leurbost, Lochs, Isle of Lewis HS2 9NU;  M.D. Martin, 37 Leurbost, Lochs, Isle of Lewis HS2 9NU;  Mr John Macdonald, 31 Leurbost, Lochs, Isle of Lewis HS2 9NU. 9.2 The full terms of the Representations can be read on the file at the Development Department. However, they can be summarised as follows:  Potential amenity impacts from overlooking and overshadowing;  Inappropriate design;  Noise impacts;  Potential adverse impact on the public sewer and surface water drainage;  Unsafe access on to the public road;  Overdevelopment and setting an undesirable precedent;  Social housing is not appropriate in this location and the plots were originally created for private sale;  The development will lead to more social housing in the area;  Social housing in this area will affect the security of local residents;  The potential impact on house values. VIEWS OF THE APPLICANT 10.1 At the time of writing this Report no comments had been received from the Applicant.

ASSESSMENT OF EIA 11.1 Not applicable.

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

12.2 Policy 1 – Development Strategy:

12.3 The site is identified for housing in the OHLDP under Proposal site H1i. Therefore, the principle of development is established by the Development Plan. 12.4 Policy 2 – Assessment of Development:

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

12.5 The proposal complies with Policy 2 above because it principally does not increase ecological impact or pollution discharges outwith prescribed limits. The proposal does not increase the likelihood of harmful erosion, provided care is taken during the construction period. The site is not contaminated and the Ministry of Defence and Highlands and Islands Airports Limited have no safeguarding objections to the proposal.

12.6 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.

This requirement does not apply to any of the following: a) buildings which will not be heated or cooled, other than by heating provided solely for the purpose of frost protection; d) ancillary buildings that are stand-alone, having an area less than 50 square metres; e) buildings which are designed so that the energy necessary is integral to the structure requiring minimal additional mechanisation (the passive house concept).

12.7 A sustainability statement has been submitted. The statement satisfies the provisions within Policy 3. The proposal will be subject to Building Standards ensuring the provisions of the sustainability statement will be met. 12.8 Policy 4 – Siting and Design:

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

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

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

12.9 The site is within the settlement. The proposed development makes use of the land profile. This will reduce the overall visual impact of the single storey buildings. The buildings are oriented to take advantage of solar gain. Though the orientation of the development does not reflect the existing built pattern in the locality of dwellings facing the public road, it is considered that the dwellings are appropriately orientated given the existing access road and hammerhead at this location. The buildings reflect the scale and form of other buildings which are characteristic of the area. The Comhairle Planning Service has engaged with the developer to encourage use of an external render and roofing material that better complies with the Comhairle Design Guide. At the time of writing, the Comhairle Planning Service has not received a response from the developer regarding use of more sympathetic materials. In the absence of such information, it is recommended that proposed external finishes and colours of the buildings be managed by planning condition in Appendix 1 of this Report to ensure that the development better complies with the Comhairle Design Guide.

12.10 The developer has given consideration to parking, access, and turning provision within the site area. The Principal Roads Maintenance Officer has assessed the parking and turning provision and has found that these aspects of the development are acceptable.

12.11 Consideration has been given to neighbour amenity through acceptable layout, window placement, building design, and building orientation.

12.12 The form of the buildings reflects the existing form within the locality, namely buildings with pitched roofs and a vertical emphasis to the windows.

12.13 In light of the above assessment, the proposal is in compliance with Policy 4 of the OHLDP.

12.14 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.

12.15 The landscape and visual characteristics of the local area are not unduly affected by the development. The site is not within an area of natural heritage designation.

12.16 Policy 6 - Water and Waste Water: New developments will be required to adopt the principles of Sustainable Drainage Systems (SuDS) with the exception of those discharging directly to coastal waters and single house developments (where surface water can be treated by other means).

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

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

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

12.17 The proposal is to adopt the principles of SuDS by use of a soakaways located within each plot and to the south of the site, in order to provide surface water attenuation prior to drainage to the existing watercourse.

12.18 The new development will connect into the public sewerage system and can be serviced by mains water supply. Scottish Water has no objections to 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 LHS Housing Needs and Demand Assessment) will be delivered through individual/private sites and those listed in Proposal H1. Proposal H1 sites will be safeguarded against uses and development that would compromise the residential function of the site. To meet any shortfall and provide for longer term supply a further range of sites are listed in Proposal H2. In addition to the identified sites, housing development may be permitted where: the development:  comprises redevelopment of land or premises, or;  is a conversion of an existing property, or;  is for use of derelict land or gap sites, or;  is of small-scale (not more than 3 dwellings) at an appropriate density; or,  it is appropriately located within the Rural Housing market area. Housing proposals should not be located adjacent to: existing or consented general industrial/storage sites (use classes 5 & 6); mineral extraction or waste management sites; LDP Economic Proposal sites; non-residential caravan sites, and renewable energy development, where the residential amenity would be compromised. For housing proposals of: a) 4 or more units, an appropriate housing density will be required as follows Housing density by area (Policy 1) Maximum density Minimum density Stornoway core None 25 units/ha Outwith the core & in other main 30 units/ha 15 units/ha settlements Within rural settlements 20 units/ha None Outwith settlements 15 units/ha None

b) 8 or more units, a minimum of 25% affordable housing will be required unless otherwise determined in a planning brief; c) 15 units or more, an appropriate tenure mix will be sought in discussion with the developer. A planning application which does not accord with the above will not be acceptable unless it is demonstrated that there is a need for housing in the area, or the site specific development issues, combined with the overriding public benefit of the development of the site, would justify the proposal. Planning briefs will be prepared by the Comhairle as statutory Supplementary Guidance for specific housing sites as indicated in the Proposals section of the Plan. Planning permission will be required for multiple occupation of a house by five or more unrelated people and occupation of a flat by three or more unrelated people, if it is deemed a material change of use. Proposals for the conversion and sub division of buildings into multiple residential units will be assessed on the contribution the development could make to meeting housing demand balanced against any possible damage to the character and amenity of the area and of adjoining dwellings.

12.20 The proposal meets the requirements of Housing Policy 13 because it is identified within the OHLDP as an H1 housing site. The site is currently serviced and awaiting development. It is therefore considered that the proposed development of this serviced site complies with Policy 13 of the OHLDP. 12.21 The development also complies with Policy 13 because it represents appropriate density in compliance with criterion (a) of the policy. 12.22 Given all of the above reasons, the proposal accords with the provisions of Policy 13 of the OHLDP. 12.23 Proposal H1i Former School, Leurbost, Lochs, Isle of Lewis 12.24 The proposal is an H1 housing site, is currently serviced and awaiting development. 12.25 The proposed development is located in the southern portion of the site and does not impact on existing watercourse located to the north of the site. 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 Comhairle’s 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.

SCOTTISH PLANNING POLICY 13.2 Scottish Planning Policy is a material Planning Consideration. The Introduction to Scottish Planning Policy (SPP) sets out the ‘Core Principles’ of the planning system, one of which is that “There should be a clear focus on quality outcomes, with due attention given to sustainable use of land, good design and the protection and enhancement of the natural and built environment.” Para 25 of the SPP states that “The Town and Country Planning (Scotland) Act 1997 requires decisions to be made in accordance with the development plan unless material considerations indicate otherwise. Material considerations should be related to the development and use of land….Where a proposal is in accordance with the development plan, the principle of development should be taken as established and the process of assessment should not be used by the planning authority or key agencies to revisit that.” Given the fact that the site is designated within the OHLDP as a housing site under Proposal H1i, the principle of the development is taken as established and the proposal complies with the SPP.

13.3 The development has been assessed to accord with the national guidance within the SPP.

REPRESENTATION – POTENTIAL AMENITY IMPACTS FROM OVERLOOKING AND OVERSHADOWING 13.4 The potential amenity impacts from overlooking and overshadowing are material planning considerations relevant to this planning application.

13.5 Representations state that the development may cause undue impact on neighbouring amenity given the potential for overshadowing and overlooking. The distance between the proposed buildings and the nearest residential properties are approximately 23m from 80 Leurbost and approximately 18m from 65 Leurbost, respectively. It is not considered that amenity and privacy of neighbouring properties will be unduly impacted given the separation distances between neighbouring properties. Moreover, amenity impacts are further reduced given the orientation of the proposed dwellings, the screening afforded by existing boundary walls and planting, and the window placement within the proposed buildings (blank gables). Given the above reasons, it is not considered that the development will have an undue impact on neighbouring amenity from overlooking or overshadowing. The considerations raised, while material, do not warrant refusal of the application. REPRESENTATION – INAPPROPRIATE DESIGN 13.6 Design is a material planning consideration relevant to this planning application.

13.7 Representations state that the external render of the proposed properties is against planning stipulations made for this site. It is worth noting that there are no specific design stipulations or design brief governing this site. The Comhairle Planning Service has engaged with the developer to encourage use of an external render and roofing material that better complies with the Comhairle Design Guide. At the time of writing, the Comhairle Planning Service is still awaiting a response from the developer regarding use of more sympathetic materials. In the absence of such information, it is recommended to append a planning condition to ensure that the external finishes and colours better complies with the Comhairle Design Guide. The considerations raised, while material, do not warrant refusal of the application.

REPRESENTATION – NOISE IMPACTS 13.8 Noise nuisance is a material planning consideration relevant to this planning application.

13.9 Representations state that there will be undue noise impact from the new development. The site is an H1 site designated for housing, located within a residential area. Noise emissions from Air Source Heat Pumps will be managed by condition. Noise nuisance from a residential use should not result in undue impacts on neighbour amenity. The considerations raised, while material, do not warrant refusal of the application.

REPRESENTATION – POTENTIAL ADVERSE IMPACT ON THE PUBLIC SEWER AND SURFACE WATER DRAINAGE INFRASTRUCTURE 13.10 Adverse impact on the public sewer and surface water drainage infrastructure are material planning considerations relevant to this planning application.

13.11 Representations state that the development will have an undue impact on the public sewer provision and surface water drainage, particularly to the south of the site. The development is required to connect to the public foul drainage system, and Scottish Water has not objected to the development. It is not considered that the development will not cause issues with regard to surface water drainage given the fact that the sites are currently serviced, and surface water drainage is to be directed to a watercourse via soakaways. The submitted Site Plan shows sufficient information to demonstrate likely compliance with SEPA and Comhairle Building Standards requirements. The considerations raised, while material, do not warrant refusal of the application.

REPRESENTATION – UNSAFE ACCESS ON TO THE PUBLIC ROAD 13.12 Unsafe access on to the public road is a material planning consideration relevant to this planning application.

13.13 Representations state that the junction turning off from the main road and the road that connects it to the entrance of Kennedy View is unsafe and not wide enough to accommodate the increased traffic from the development. However, this existing access road is not part of the planning application site and currently serves eleven properties. The Principal Roads Maintenance Officer has assessed the access (as existing), parking, and turning provision and has found that these aspects of the development are acceptable. The considerations raised, while material, do not warrant refusal of the application.

REPRESENTATION – OVERDEVELOPMENT AND SETTING AN UNDESIREABLE PRECEDENT 13.14 Overdevelopment and setting an undesirable precedent are material planning considerations relevant to this planning application.

13.15 Representations state that the proposal, if approved, will represent overdevelopment of the site and will set an undesirable precedent for high density developments around the site. It is considered that the two plots have sufficient garden curtilage and amenity space for the nature and scale of the development. It is not considered that this development sets an undesirable precedent, given the fact that every planning application must be considered on its own merits, and this particular proposal is not likely to create undue amenity impacts within the locality. The considerations raised, while material, do not warrant refusal of the application.

OTHER CONSIDERATIONS 14.1 The concerns raised regarding land tenure, form of housing tenure (social housing), and loss of local property value are not material to this planning decision. The personal and material safety and security of local residents is not a material planning consideration and such issues are matters for the Police.

CONCLUSION 15.1 This is a planning application for the construction of four dwelling houses with associated external works and services at Kennedy View, Leurbost, Lochs, Isle of Lewis. The development complies with Development Plan and national policies. It is considered that the development is acceptable and in compliance with the Outer Hebrides Development Plan and with the Scottish Planning Policy.

15.2 The proposal has been assessed against the Outer Hebrides Local Development Plan, Scottish Planning Policy, and relevant material considerations raised in representations. The proposal is in compliance with the above and the relevant material planning considerations do not carry sufficient weight to propose that the Local Development Plan is not given priority.

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

RECOMMENDATION AND REASONS 16.1 The application is recommended for approval because it has been assessed against the relevant policies of Policy 1 - Development Strategy; Policy 2 - Assessment of Development; Policy 3 - Zero and Low Carbon Buildings; Policy 4 - Siting and Design, Policy 5 – Landscape; Policy 6 - Water and Waste Water; and Policy 13 - Housing in the Outer Hebrides Local Development Plan, and found to be in compliance with both the settlement strategy and policies. The site is also identified as an H1 housing site in Proposal H1i. There are no material considerations that indicate that the Plan should not be accorded priority. The proposal is therefore recommended for approval subject to the application of conditions set out in Appendix 1 to the Report. APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

Condition 1 Throughout the life of the development to which this planning permission relates there shall be no exposed underbuilding more than 600mm deep on any of the buildings hereby granted planning permission, unless otherwise agreed in writing by the Comhairle as Planning Authority. Reason To reduce the impact of the development in the interests of visual amenity of the area.

Condition 2 Contrary to the details indicated within the application, the developer shall submit details of the proposed finishes and colours roofing material, and doors/windows for approval of the Comhairle as Planning Authority. The approved details shall then be implemented and retained for the lifetime of the development to the satisfaction of the Comhairle as Planning Authority. Reason To reduce the impact of the development in the interests of visual amenity of the area.

Condition 3 The colour and finish of ridge tiles on the roof of the dwelling houses will match the colour and finish of the roofing material as agreed in Condition 2 to the satisfaction of the Comhairle as Planning Authority. Reason In order to define the permission and in the interests of the visual amenity of the area.

Condition 4 Contrary to the details indicated within the application, the external walls of the dwelling houses shall be finished in white or off-white dry dash to the satisfaction of the Comhairle as Planning Authority. Reason To reduce the impact of the development in the interests of visual amenity of the area.

Condition 5 Throughout the life of the development to which this planning permission relates, foul drainage shall be to the public sewerage system and at no time throughout the life of the development shall it be connected to a private system (septic tank, cesspool etc). Reason To comply with the requirements of the Outer Hebrides Local Development Plan and because drainage to the public system is in the best interests of public health.

Condition 6 The dwellinghouses to which this planning permission relates shall not be used until the details shown on the access diagram, ref 13/00335 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 the interests of road safety.

Condition 7 Unless otherwise agreed in writing with the Comhairle as Planning Authority, The dwelling houses to which this planning permission relates shall not be used until the vehicular circulation areas and parking spaces shown on the approved plans have been surfaced; marked out and drained to the satisfaction of the Comhairle as Planning Authority. Such areas and spaces shall be kept free of obstructions and retained only for the parking and circulation of vehicles throughout the life of the development. Reason To ensure the satisfactory development of the site in the interests of road safety.

Condition 8 Prior to the commencement of development, the developer shall submit details of surface water drainage for approval by the Comhairle as Planning Authority. Following approval of the details in writing, the development shall proceed in accordance with the approved details or such alternative details subsequently approved by the Comhairle as Planning Authority. Reason To ensure satisfactory drainage of the development site and avoid flooding of neighbouring land. Condition 9 Prior to the commencement of development, details of the design and location of bin storage and recycling point(s) shall be submitted to the Comhairle for approval. The approved details shall then be implemented and maintained throughout the lifetime of the development. Reason In order to mitigate the potential impacts of waste in the interest of the residential amenity of adjacent housing and in the interests of the visual amenity of the area.

Condition 10 Throughout the life of the development, the air source heat pumps shall only be used for the purposes of domestic micro-generation. Reason In order to define the permission and avoid doubt.

Condition 11 In the event that any of the air source heat pumps to which this permission relates, become obsolete or redundant, it must be removed and its site reinstated to the satisfaction of the Planning Authority within three months of the equipment becoming obsolete or redundant. Reason To minimise the level of visual intrusion and ensure the reinstatement of the site to a satisfactory standard.

Condition 12 Noise from each of the air source heat pumps shall not give rise to a noise level within any dwelling or noise sensitive premises in excess of that equivalent to Noise Rating Curve 25 between 2300 and 0700 and Noise Rating Curve 35 at all other times. The noise measurements shall be taken with the windows open at least 50mm. Reason In order to protect the occupants of nearby properties from nuisance caused by noise.

Condition 13 Noise from the air source heat pumps shall not exceed 50 dB(A) Leq(1hr) as measured within the external amenity space of any noise sensitive premises. Reason In order to protect the occupants of nearby properties from nuisance caused by noise.

Condition 14 Prior to the commencement of development, the developer shall submit details of screening for the air source heat pumps located at the south elevation of the dwellings. The approved screening details shall be implemented and retained for the lifetime of the development to the satisfaction of the Comhairle as Planning Authority. Reason In the interests of visual amenity of the area. APPENDIX 2