ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 6 DECEMBER 2011

APPLICATION FOR LISTED BUILDING CONSENT AND APPLICATION FOR PLANNING PERMISSION FOR CHANGE OF USE, REPAIR, ALTERATION AND PARTIAL DEMOLITION OF LEWS CASTLE TO PROVIDE HOTEL AND EXTENSION TO PROVIDE A NEW MUSEUM AND ARCHIVE (REF NO 11/00473/LBC AND 11/00474/COU) Report by Director of Development

PURPOSE OF REPORT The applicant is Comhairle nan Eilean Siar and this application for planning permission therefore requires to be presented to the Comhairle for its consideration. It is also considered appropriate that the Comhairle considers the Listed Building Consent given the significance of the Development. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendations being implemented. SUMMARY 2.1 Applications for listed building consent and planning permission have been submitted by Malcolm Fraser Architects, 28 North Bridge, Edinburgh on behalf of Comhairle nan Eilean Siar for the proposed change of use, repair, alteration and partial demolition of Lews Castle to provide a hotel, hospitality and a new extension to the building for use as a museum and archive. The proposed work includes partial demolition of the existing boiler house and laundry wing along with the timber hut outbuilding currently used as a childcare centre. The applications have been subject to extensive pre-application discussion and local consultation including an open day at the castle. Previous applications for alterations to the roof along with internal operations to remove the non- original shower block and lean-to buildings in the courtyard and internal rooms to the east of the former dining room were approved in June 2011. 2.2 Historic Scotland, whilst initially raising concerns at the proposed demolition of the laundry and boiler house, now welcome the proposals and recognise the importance of the current project in securing the long term future of Lews Castle and bringing a nationally important (Grade A) building back into beneficial use. They accept that the applicant’s agent has explored all possible options to seek to retain the Matheson wing and recognise the importance of the current proposal to securing the long term future of this building. This view is endorsed by the Architectural Heritage Society of Scotland. A ‘bat survey’ of the building has been carried out and confirms that there are no bats or bat roosts in the building. Scottish Water raises no objection to the application but has asked that the developers submit a Development Impact Assessment to ensure that there is capacity in the system to serve the development. 2.3 Securing a sustainable and viable future use for Lews Castle has been a primary aim of the redevelopment project and an option appraisal concluded that a mixed use of hotel and a new Museum nan Eilean would provide a range of services that would be both sustainable and deliverable. The project is supported by the Development Plan and Scottish Planning Policy. No third party objections have been received and the consultees support the application. It is therefore recommended that the Comhairle approve the application subject to the conditions set out at Appendix 1 of this Report. RECOMMENDATION 3.1 It is recommended that a) the application be APPROVED subject to conditions as detailed at Appendix 1 to the Report, and b) that the Comhairle recommend to the Scottish Ministers that the application for listed building consent be APPROVED, subject to conditions in Appendix 2 to the Report. Contact Officer Cathy Leary Tel: 01851 822690 Email: [email protected] Appendix 1 Schedule of Proposed Conditions (11/00474/COU) Appendix 2 Schedule of Proposed Conditions (11/00473/LBC) Appendix 3 Location Plan Background Papers None REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is an application for Listed Building Consent and Planning Permission by Malcolm Fraser Architects, 28 North Bridge, Edinburgh on behalf of Comhairle nan Eilean Siar, to carry out partial demolition of the boiler house and laundry room and repairs to the historic fabric of Lews Castle, a Category A Listed Building. The proposals also involve the change of use of the building to provide a high quality hotel, hospitality, function and visitor facilities and an extension to provide a new museum and archive resource for the Outer Hebrides that will co-ordinate heritage collections and organisations.

4.2 The application states that the approach to the design of the new museum extension is driven by the desire to create a building that balances the form of the castle in the way the old glasshouses used to but in a modern and contemporary way. To this end the south facing elevation of the gallery and part of the museum is a single storey mono- pitch construction of stainless steel standing seam wall cladding with a glazed flat-topped hipped roof ‘tower’ on the west elevation to match the smaller tower at the eastern foyer. A long glazed gallery connects the western tower to the foyer.

4.3 The functional requirements of the museum and its galleries in terms of controlled light levels dictates that the new building cannot accurately reflect the complete glazed construction of the glass houses which were built to the north west of the castle in 1870. The rear of the building facing north will house the archives and is a functional rectangular lean-to construction of stainless steel standing seam roof cladding with grey granite horizontally coursed with a tooled split face surface finish. This finish is to enhance the existing courtyard walls of the rear of the castle. The archive search room has two large prominent north facing windows and is located on the entrance corner. It is proposed that the new building should be visible from the town and be reminiscent of the 1870’s glass houses but set back so as to ensure the Castle remains dominant.

4.4 In terms of the Castle building it is proposed that the existing Castle public rooms are used as a series of function rooms with support areas such as toilets, kitchens, etc in the existing service rooms to the north. It is proposed that the existing service wing to the north side of the castle will be used as an education area for the museum. A later phase of work will create hotel bedrooms to the upper floors of the existing castle.

4.5 The two main interventions that are proposed within the existing fabric of the castle are a new lift and stair to be placed in a room to the west of the main stair and the removal of the 1950’s buildings in the central courtyard approved under Listed Building Consent Ref 11/00161 in order to create a physical link through the building to the new museum. This will allow the two distinct components of the project hospitality and museum to interface with each other in a legible way and includes level access throughout. It also allows an appropriate interpretation of the surviving fabric of Seaforth Lodge, which has been internalised through the additions built in the 1950’s, but which will now become an external wall again in the courtyard.

4.6 The entrance to the new museum will lead directly to the foyer, which will be housed in the hipped roof, and oculus tower built to match the new special exhibitions gallery on the western end of the new museum and occupying the footprint of the Matheson laundry room. It is proposed that the education/community space will directly face the foyer on the opposite side of the external courtyard and will house two of the repaired laundry room drying racks. 4.7 A separate document identifying the works to be carried out to the fabric of the Listed Building along with a further document which summarises the historical background and the significance of the building and its context was submitted with the applications. The document acknowledges that the sequence of the entrance hall, corridor and dining room will be the impressive part of the restored historic interior. Details of the works to the entrance hall showing the vaults restored and painted blue with gilded stars with the vault ribs picked out in a separate colour.

4.8 It is proposed to restore the character of the dining room at the western end of the corridor by reinstating panelling, making a fireplace derived from photographic evidence and by restoring the character of strong dark tones in the wall and ceiling painting. The cornice details will be restored and the hatch to the kitchen removed. Similarly the architecture of the former library will also be restored and a historically appropriate fireplace will replace the lost chimneypiece.

4.9 Restoration of the morning room, ballroom and billiards room will proceed as far as practical and according to the limited photographic evidence.

4.10 Detailed plans and drawings will be displayed in the Members’ lounge and the Council Chamber.

REPRESENTATIONS 5.1 No representations have been received.

RESPONSES TO CONSULTATION

HISTORIC SCOTLAND 6.1 ‘We have considered your consultation and comment as follows:

Proposed change of use, repair, alteration and partial demolition of Lews Castle and Castle Grounds to provide hotelhospitality and extension to provide a new museum and archive. The proposed work includes partial demolition of the existing boiler house and laundry wing, as well as demolition of the timber hut, old outbuilding and childcare centre

We very much welcome this scheme which will bring this nationally-important building back into use. We are grateful to the agents for exploring an ‘option 5’ that would retain the Matheson wing but recognise the importance of the current proposal to securing the long-term future of Lews.

Although we regret the loss of this and the boiler-house wing, we recommend the Council proceeds to determine the application. The Council should be mindful of the requirement to consult with us under the Development Management Procedure Regulations in relation to any concurrent planning application unless this has been done previously. The Council should also be aware of any requirement for a bat survey if this has not already been carried out so that there will be no hold-up in our clearing a formal notification in the near future.’

SCOTTISH WATER 6.2 ‘Scottish Water has no objection to this planning application. Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the water industry in Scotland has opened up to market competition for non-domestic customers. Non-domestic Household customers now require a Licensed Provider to act on their behalf for new water and waste water connections. Further details can be obtained at www.scotlandontap.gov.uk. In terms of planning consent, Scottish Water does not object to this planning application. However, please note that any planning approval granted by the Local Authority does not guarantee a connection to our infrastructure. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received. Due to the size of this proposed development it is necessary for Scottish Water to assess the impact this new demand will have on our existing infrastructure. With any development of 10 or more housing units, or equivalent, there is a requirement to submit a fully completed Development Impact Assessment form. Development Impact Assessment forms can be found at www.scottishwater.co.uk. Stornoway Water Treatment Works currently may have capacity to service this proposed development. The water network that serves the proposed development may be able to supply the new demand. Water Network - Our initial investigations have highlighted their may be a requirement for the Developer to carry out works on the local network to ensure there is no loss of service to existing customers. The Developer should discuss the implications directly with Scottish Water. Stornoway Waste Water Treatment Works may have capacity to service this proposed development. The waste water network that serves the proposed development may be able to accommodate the new demand. Wastewater Network - Our initial investigations have highlighted their may be a requirement for the Developer to carry out works on the local network to ensure there is no loss of service to existing customers. The Developer should discuss the implications 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. Scottish Water is funded to provide capacity at Water and Waste water Treatment Works for domestic demand. Funding will be allocated to carry out work at treatment works to provide growth in line with the Local Authority priorities. Developers should discuss delivery timescales directly with us. If this development requires the existing network to be upgraded, to enable connection, the developer will generally meet these costs in advance. Scottish Water can make a contribution to these costs through Reasonable Cost funding rules. Costs can be reimbursed by us 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. Appropriately sized grease traps must be installed on all drainage outlets from food preparation areas. No substance may be discharged to the public sewerage system that is likely to interfere with the free flow of its content, have detriment to treatment / disposal of their contents, or be prejudicial to health. An appropriate water storage system Water storage equivalent to 24 hours usage is recommended for commercial premises. Details of such storage installations must be forwarded can be discussed to Scottish Water's Customers Connections department at the above address. 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 we will require to be implemented by the developer to protect our existing apparatus. Should the developer require information regarding the location of Scottish Water infrastructure they should contact our Property Searches Department, Bullion House, Dundee, DD2 5BB. Tel - 0845 601 8855. If the developer requires any further assistance or information on our response, please contact me on the above number or alternatively additional information is available on our website: www.scottishwater.co.uk.’

SCOTTISH CIVIC TRUST 6.3 Awaited.

ARCHITECTURAL HERITAGE SOCIETY OF SCOTLAND 6.4 ‘Thank you for contacting the Society with regard to proposals for Lews Castle. The Forth & Borders Cases Panel is fortunate enough to have members who are familiar with the property having been involved in the LDN Architects Conservation Plan and the recording by the RCAHMS.

The Society fully supports the restoration of Lews Castle and recognises that the historic fabric that will be lost is of a minor or secondary nature to the historical and architectural significance of the building. The proposed extension maintains the primacy of the castle and will not be detrimental to views to the castle from the town.

We did note that the main service route for the hotel requires pedestrian access in front of the museum's glazed corridor but understand from the project architect that this is the best option as others would require crossing internal public spaces or separating the museum from the castle. This may not be a specific heritage issue but it would be hoped that this would not prove an obstacle in developing the upper floors into bedrooms and the resultant increase in servicing (e.g. laundry) required.’

HIGHLANDS AND ISLANDS AIRPORTS 6.5 ‘With reference to the above proposed development, it is confirmed that our calculations show that, at the given position and height, this development would not infringe the safeguarding surfaces for Stornoway Airport. Therefore, Highlands and Islands Airports Limited would have no objections to the proposal. ‘

NATIONAL AIR TRAFFIC SERVICES 6.6 ‘The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En Route) Limited has no safeguarding objections to this proposal.

Please be aware that this response applies specifically to the above consultation based on the information supplied at the time of this application. If any changes are proposed to the information supplied to NERL in regard to this application (including the installation of wind turbines) which become the basis of a full, revised, amended or further application for approval, then as a statutory consultee NERL requires that it be further consulted on any such changes prior to any planning permission or any consent being granted.’ MINISTRY OF DEFENCE 6.7 ‘Thank you for consulting the Ministry of Defence (MOD) on the proposed development which was received by this office on 28/09/2011. We can confirm that the MOD has no safeguarding objections to this proposal.

I trust this is clear however should you have any questions please do not hesitate to contact me.’

SCOTTISH NATURAL HERITAGE 6.8 Awaited.

ROYAL COMMISSION ON THE ANCIENT AND HISTORICAL MONUMENTS OF SCOTLAND 6.9 Awaited.

COMHAIRLE - ENVIRONMENTAL HEALTH 6.10 ‘I have no adverse comments relating to this application. A ground Investigation study was submitted to Environmental Health in July 2011 along with the Desktop Study submitted in January 2011. Both reports will be sent to you via internal mail. There are no contaminated land issues or Japanese knotweed issues relating to this site.’

COMHAIRLE - CONSERVATION OFFICER 6.11 ‘This application is result of several long term studies into possible future uses of the castle: these proposals appear to be the most viable and do represent a strong consensus of agreement. Whilst the loss of some parts of the rear part of the castle’s ancillary accommodation is to be regretted it is perhaps in the interests of the long term future of the complex. The most important parts of the main buildings are, of course, being retained in full. The proposals are considered appropriate.’

COMHAIRLE - ARCHAEOLOGIST 6.12 Awaited.

COMHAIRLE TECHNICAL SERVICES - ROADS 6.13 ‘The parking areas should be shared between the hotel and the museum. The total amount of bays provided should be in accordance with the local plan i.e. Hotel 1 space per 2.5 bed spaces + 1 space per 3 staff Museum 1 space per 30m2 public display space + 1 space per 2 staff.’

COMHAIRLE BUILDING STANDARDS 6.14 ‘No comments at this stage.’

COMHAIRLE ACCESS OFFICER 6.15 ‘No comments.’

VIEWS OF APPLICANT 7.1 None. DECISIONS AFFECTING THE SITE 8.1 The following decisions relate to the site: Ref. No. Description Decision Date a) 11/00161/LBC Alterations to Roofs of castle as a result of Approved 03/06/2011 repairs to existing roof. Internal alterations. Removal of non-original shower block and lean-to building in courtyard and internal rooms to east of formal dining room. Replacement of non- original glazing in existing windows with slim profile double glazed units. Asbestos removal. b) 11/00163/LBC First phase of a larger development Approved 10/06/2011 proposal which will form part of a separate application. Alterations to roof of castle as a result of repairs to existing roof. Internal alterations. Removal of non original shower block and lean-to building in courtyard and internal rooms to east of former dining room. Replacement of non original glazing in existing windows with slim profile double glazed units. Asbestos removal. 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 The proposals conform to this be absorbed without harming the policy aspiration. local social, economic or environmental 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 development opportunity sites within settlements and townships based on the following sequential The proposals involve the second approach: stage in the regeneration of Lews Castle for use as a hotel, museum i) firstly, re-using vacant or and related details. under-utilised land/buildings already developed (‘brownfield sites’) or emerging re-development opportunities; ii) secondly, land available in or near the middle of the settlement or township; and iii) thirdly, land available elsewhere in the settlement or township.

DM3 The Comhairle, in conjunction with Lews Castle has been in a derelict public and private sector partners, condition for many years and this will seek to secure the application provides the opportunity regeneration of areas of to bring it back into a sustainable economic, social or environmental and economic use. decline, in particular Stornoway, Balivanich and the ports of entry. The Comhairle will promote measures to improve the attractiveness of such areas through high quality building and landscape design, environmental improvements, signage, integrated land use and visitor facilities. The Local Plan will provide further policy guidance and site specific details that support regeneration. DM4 The Comhairle will support The building is vacant and requires proposals that bring contaminated, substantial repairs to bring it back vacant or derelict land back into to an economic use. This beneficial use, while taking application is for the repair of the account of ecological interests, building and the erection of a new which may have developed, on the museum. site. The re-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 The redevelopment of the Lews and designs that Castle will not significantly change incorporate sustainable the design of the building but will management techniques. allow a reuse using more (In this regard the sustainable management Comhairle will encourage techniques of a building of national development that follows significance. The project when the guidance contained in complete will enhance an area of the Scottish Executive the Castle Grounds which is publication ‘Designing designated a Designed Landscape. Places’ as well as its own Design Guidance); ii) no undue harm to neighbouring uses as a result of the development; iii) appropriate provision is made to allow access for the disabled;

iv) the impact on the natural

heritage is fully considered The proposals will have no undue (e.g. the Western Isles impact on neighbouring uses. Landscape Character

Assessment will be used); The project makes adequate v) biodiversity and ecological provision for disabled use. interests are maintained and, where possible, enhanced. (Account will be taken of the actions and priorities contained in the Western Isles Local The development will have no Biodiversity Action Plan significant impact on natural currently in preparation); heritage or biodiversity. Part of the vi) appropriate measures are Stornoway Castle Grounds is in place for the safe located within an SSSI. However movement of traffic and the castle building is not included associated parking both on within the designated area. and off site; vii) there will be no pollution outwith prescribed limits to Adequate car parking provision has air, land, fresh water or been made and it is proposed to sea; use the access to the college. viii) there will be no likelihood of causing harmful erosion; The proposed use is not likely to ix) account is taken of the cause pollution. requirements of safeguarding zones notified by the Health and Safety The project is unlikely to cause Executive,* the Ministry of harmful erosion. Defence and of Marine Consultation Areas. The site is not within a Health and * The Comhairle has been advised of Safety Executive consultation area. 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.

RM12 The Comhairle expects high The proposals conform to this standards of design in policy aspiration. The application development proposals within was accompanied by full details of designated Conservation Areas the restoration project along with a and proposals should be Design Statement to justify the accompanied by full drawings demolition of the boiler house and showing the relationship between laundry. The design details of the the development and its new museum and archives are also surroundings*. justified in the Design Statement The Local Plan will consider and the application. The specific policy and practical application was also supported by measures to safeguard and a Bat Survey to ensure compliance enhance the character of with the Conservation Natural designated Conservation Areas Habitats Regulations 1994. and will identify other areas that merit designation. It will also consider measures to safeguard and enhance areas that, though not of sufficient quality to justify designation, contain features of value in the historic environment. RM13 The Comhairle will seek to The current proposals, if approved, conserve the special architectural would allow the sympathetic and historic interest of Listed conversion of the building to a hotel Buildings and their settings. It will and museum. Justification for the support sympathetic conversions demolition of the boiler house and to secure their future use and will the laundry was required by only permit demolition in Historic Scotland and was exceptional circumstances*. accepted when it was recognised * The Comhairle has an approved that demolition was necessary to Conservation Policy and Thatched provide public access. Building Policy for assessing proposals affecting Conservation Areas and Listed Buildings.

RM14 The Comhairle will carefully assess There are no proposals in the proposals within or adjacent to current scheme that would Historic Gardens or Designed adversely impact on the Landscapes to ensure that the key designation of the landscape as a features of interest are not ‘Designed Landscape’. The adversely affected. redevelopment will help re- establish the relationship of the castle with the Designed Landscape. 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 proposals will allow the Lews enjoyment and interpretation Castle to be developed into a hotel, of the natural and cultural museum and community facilities, heritage; which in turn will have the potential ii) help to diversify the rural to bring wider benefits. economy; iii) lengthen the tourism season; and iv) accord with the 2000-2005 Tourism in the Western Isles Strategic Plan. Proposals to upgrade existing tourist caravan and camping sites or establish well-designed new sites in suitable locations will be supported where they conform to the adopted Comhairle caravan policy. The Local Plan will identify specific sites suitable for tourism developments and facilities including visitor attractions.

9.3 Western Isles Local Plan PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE LP/DM1 In assessing development The proposals conform to 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

Design Considerations; Appendix 3: Car Parking Provision; The application shows 60 car Appendix 4: Roads and Access. parking spaces most of which are In assessing developments, sited to the northern boundary of potential cumulative impacts will be the site. This is deemed to be considered on the area as a whole. adequate in terms of Comhairle policy. Appendix 3 of the Western Where a site is regarded as Isles Local Plan relating to car potentially contaminated, parking provision requires 1 space developers should consult with the per 2.5 bed spaces and museums Comhairle to ensure a site specific require 1 space per 30square risk assessment is undertaken and metre floor space plus one space any proposed remediation per two staff. This is not a large measures complied with. In hotel and the provision is addition to the Structure Plan policy considered to be than adequate for DM7 ix) safeguarding the combined use of hotel and requirements, account will be taken museum. of aerodrome safeguarding areas. LP/RM1 In assessing development The proposals conform to this proposals affecting conservation policy aspiration. areas and listed buildings or their settings, account will be taken of Structure Plan policies RM12 and RM13 as well as the considerations The proposals allow for the set out in: restoration of a deteriorating building of national significance. Appendix 5: Development affecting Listed Buildings. Comhairle approved Conservation and Thatched Buildings policies. Where possible, the retention and re-use of buildings of local character will be sought. In assessing the merits of retention regard will be made to the buildings’ historic value, condition and contribution to its local setting. In particular, where communities bring forward or are supportive of proposals for positive conservation of the built environment, the Comhairle will work with appropriate interests. ……… Prop It is proposed that the Lews Castle The redevelopment as a hotel and LP/ED2 be brought back into sustainable museum meets the aspirations in use, compatible with and this Local Plan proposal. maintaining the fabric and character of, the Category A listed The re-development will help re- building. A range of uses to support establish the relationship of the corporate, leisure, heritage and castle with the Designed events-based tourism will be Landscape. acceptable. Proposals for the Castle should be assessed against the contribution they make to the experience of the Historic Garden and Designed Landscape. OTHER PLANNING CONSIDERATIONS CONTEXT 10.1 Lews Castle and Lady Lever Park sit within the boundaries of the Stornoway Outstanding Conservation Area and is identified in the Historic Scotland ‘Inventory of Gardens and Designed Landscapes in Scotland in 2004’ as a Designed Landscape. The existing castle is a Category A Listed Building and the Conservation Area Management Plan has identified Lews Castle together with its designed landscape as a cultural asset of national importance. Part of the Stornoway Castle woodlands fall within an area designated as a Site of Special Scientific Interest.

10.2 Securing a sustainable and viable future for Lews Castle has been a primary aim for the development project. Proposal LP/ED2 of the Western Isles Local Plan proposes that Lews Castle be brought back into a sustainable use, compatible with and maintaining the fabric and character of the Category A Listed Building. The plan suggests a range of uses to support corporate, leisure, heritage and events based tourism will be acceptable particularly if they contribute to the experience of the Historic Gardens and Designed Landscape.

THE PROJECT 10.3 This application is the second phase of the proposed redevelopment of the castle and is supported by a Planning and Conservation Design Statement, which justifies the future use, and design of the project. Following an options appraisal seeking a viable mix of uses that would deliver a sustainable future, it was concluded that a sustainable and deliverable use for the castle would be as a hotel with an extension to provide a museum and archive. The proposal involves the demolition of the early Matheson Laundry and the Leverhulme Boiler House in order to allow access to the principal rooms of the castle from the museum.

10.4 According to the applicant’s agents, the principle of easy access from the castle to the museum is fundamental to the project. This is a key requirement of the Comhairle who have built this into the hotel operator lease. In order to allow the project to proceed, funding is required and the Heritage Lottery Fund is interested in investing due to the range and diversity of public benefits that it will provide through the creation of a new museum and archive at the castle and the restoration and sustainable re-use of a Category A Listed Building. Public access is therefore fundamental to the project and a critical requirement of the Heritage Lottery Fund and is the main justification for the demolition of the boiler house and laundry. The Design Statement concludes that the HLF would not provide funding for the repair and reuse of the Lews Castle as a privately owned hotel in isolation without the public benefit of the museum and archive. 10.5 As further justification the developers have presented a case that in terms of good conservation practice, the separation of old and new is accepted and allows the recovery and retention of the old hierarchy of form and layout. This distinction allows the courtyards to be revealed once the previous 1950’s additions have been removed and will provide an area of sheltered outdoor courtyard whilst also revealing the surviving fabric of Seaforth Lodge. Furthermore, they point out that the retention of the boiler house would require the new museum building to be sited further north on the site and towards a group of mature trees which would result in the loss of part of the ‘Designed Landscape’.

10.6 It is argued that whilst each use has a separate entrance they connect to simple straight circulation spines with the long gallery in the museum and the corridor in the hotel meeting in the café in the covered courtyard. The applicant’s agent considers that a clear and legible form of circulation with the museum’s long gallery connecting directly to the courtyard fulfils the public access principle. Therefore although there are two distinct components to the proposed project, the museum is organised to interface with the castle in a clear open legible way and includes level access throughout and between both it and the castle. However, as noted above this requires the removal of the above ground boiler house and the laundry. The east external wall of the laundry wing would be retained with minor alterations to give continuity of the facades of the rear courtyard. Historic Scotland now accepts that the loss of the boiler house and laundry wing is inevitable and is satisfied that the agents have explored the options fully. They also welcome the opportunity to bring this building back into a beneficial use. PRE-APPLICATION DISCUSSION AND CONSULTATION 10.7 The applications have been subject to extensive pre-application discussion and local consultation including an open day at the castle. No objections have been raised either by third parties or statutory consultees. The Architectural Heritage Society of Scotland fully supports the restoration of Lews Castle and recognises that the historic fabric that will be lost is of minor or secondary nature to the historical and architectural significance of the building Historic Scotland also welcomes the scheme and although they regret the loss of the boiler house wing, they recommends the Comhairle should proceed to determine the application. A ground investigation study was submitted to the Comhairle in July 2011 following an earlier Desk Top Study in January 2011. Both studies confirmed that there are no contaminated land issues or Japanese Knotweed on the site.

SERVICES 10.8 In response to the consultation process, Scottish Water noted that while they had no objection to the development in principle, due to the size of the proposal an assessment would have to be made of the impact on existing infrastructure. Scottish Water therefore requires the developers to submit a fully completed Development Impact Assessment. This issue can be resolved by condition.

THE CONSERVATION (NATURAL HABITATS, ETC) REGULATIONS 1994 - BATS 10.9 Members are advised that the Comhairle as competent authority is required to have regard to the requirements of the Habitats Directive in exercising their function as a planning authority. 10.10 The Conservation (Natural Habitats etc) Regulations 1994 make provision for the implementation in the UK of the EU Habitats Directive. Regulation 3(4) of the Regulations states that ‘..every competent authority in the exercise of any of their functions, shall have regard to the requirements of the Habitats Directive so far as they [the requirements] may be affected by the exercise of those functions.’ 10.11 Bats and their roosts are protected by the Wildlife and Countryside Act 1981 and by the Conservation (Natural Habitats etc) Regulations 1994. Bats are classed as a European Protected species and as all bats come back to the same roost year after year their roost is legally protected even when they are not there. As such if any works are carried out on buildings which houses or has housed bats, it can be deemed an offence and incur penalties unless the correct procedure is followed. 10.12 Historic Scotland in their response to the statutory consultation process reminded the Comhairle of the requirement for a bat survey if bats were known to be in the area. Bats are known to roost in the castle grounds. A bat survey conducted by Simpson and Brown and later submitted by the applicant’s agent identified the common pipistrelle as being only species of bat in the area. The survey stated “This is the most north-westerly site limit of their range and is therefore of great significance to the local and national population”. However the summary and conclusion of the survey was that there was no evidence found of roosting bats past or present having used the Lews Castle building.

10.13 The survey noted that bats were witnessed flying from Marybank Lodge and around the Woodland Centre. To ensure compliance with laws protecting bats the survey recommended that all people working on the site were made aware of the accepted standard procedure of working with bats.

SCOTTISH PLANNING POLICY 10.14 Scottish Government acknowledges that the historic environment is a key part of Scotland’s cultural heritage enhancing local and national distinctiveness and contributing to sustainable economic growth and regeneration. It is considered to be of major importance for supporting the growth of tourism and leisure. Change to a Listed Building should be managed to protect its special interest while enabling it to remain in active use. Both the Western Isles Structure Plan and the Local Plan support bringing Lews Castle back into sustainable use, compatible with and maintaining the fabric and character of the Category A Listed Building.

THE OUTER HEBRIDES LOCAL DEVELOPMENT PLAN – PROPOSED PLAN 10.15 The Outer Hebrides Local Development Plan – Proposed Plan together with the Draft Supplementary Guidance: Conservation Area Management Plan was published on the 16 September 2011 with a closing date on the 10 November 2011. Policies 31 – Listed Buildings and Policy 32 – Conservation Areas lend support to the Proposal. The proposed Local Development Plan also identifies Lews Castle as Proposal Site MU1. The design details of the proposal have had regard to the guidance on materials and design details as set out in the Draft Supplementary Guidance.

CHANGES IN HISTORIC ENVIRONMENT LEGISLATION 10.16 New Regulations relating to the Historic Environment (Amendment) (Scotland) Act 2001 were laid before Parliament on 31 October and subject to Parliamentary scrutiny will come into force on 1 December 2011. It should also be noted that Section 20(3) that amends sections of the Planning etc (Scotland) Act 2006 which amends Planning (Listed Buildings and Conservations Areas) Scotland Act 1997 changes the limit of the duration of listed building consent from 5 years to 3 years.

CONCLUSION 11.1 The current proposals present an opportunity to secure a sustainable and viable future for Lews Castle which has been slowly deteriorating for some years. The applications for listed building consent and planning permission have been the subject of extensive pre-application discussion and local consultation including an open day at the Castle. 11.2 Historic Scotland, in response to the pre-application consultation process asked that the applicant’s agent investigates all possibilities to retain both the boiler house and the Matheson laundry. However, the constraints imposed on the developer through the need to impose the principle of public access to ensure interconnection between the castle and the museum and vice versa in an open clear and legible way and to include level access requires that all of the boiler house above ground level will have to be demolished. It is proposed that the laundry wing will also be removed with the exception of the east external wall. Historic Scotland accepts that the agent has explored the options fully, that the loss of the boiler house and laundry wing is inevitable and welcome retention of specific items from this element of the building specifically the drying racks from the laundry room which will be retained for use in the Education/Community space. Historic Scotland welcomes the proposals and recognises the importance of the current project in securing the long term future of Lews Castle and bringing a nationally important building back into beneficial use. In terms of the planning application Historic Scotland has asked that the Comhairle proceed to determine the application.

11.3 Bats are a European Protected Species (EPS) and present in the Castle Grounds. A bat survey of the building has been carried out and the applicant’s agent has confirmed that there are no bats or bat roosts in the building.

11.4 Scottish Water raises no objection to the application but asked that the developers submit a Development Impact Assessment to ensure that there is capacity in the system to serve the development. Officers of the Comhairle have confirmed that there are no contaminated land issues or Japanese Knotweed on the site. 11.5 The applications are considered to be in conformity with the provisions of the Development Plan, are supported by Scottish Planning Policy on the historic environment and have not been subject to objection from either statutory consultees or third parties. The listed building application will be decided by Scottish Government. It is therefore recommended that the application for planning permission be approved subject to the conditions set out in Appendix 1 of the Report and that the Comhairle recommend to Scottish Ministers that the listed building application be approved. APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS 11/00474/COU

Condition 1 Prior to the commencement of development at the site the results of a Development Impact Assessment on the public water supply to establish the measures required to ensure the development can be served in terms of legal standards. The approved measures shall then be implemented to the satisfaction of the Comhairle as Planning Authority. Reason To ensure the sufficiency and wholesomeness of the public water supply.

Condition 2 Despite the provision of the Town and Country Planning (General Permitted Development) (Scotland) Order (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 requirement of the Western Isles Structure Plan and because drainage to the public system is in the best interests of public health.

Condition 3 The access to the proposed development shall be carried out in accordance with the approved plans all to the satisfaction of the Comhairle as planning authority. Reason In the interests of road safety.

Condition 4 The development shall be carried out in accordance with the procedures laid out in the Bat Survey dated July 2011. Reason To ensure compliance with the Conservation (Natural Habitats etc) Regulations 1994.

Condition 5 The 60 car parking spaces shown on the approved plans shall be shared equally between the hotel and the museum in accordance with the requirements of the local plan. Reason To ensure the satisfactory development of the site in the interests of road safety. APPENDIX 2

SCHEDULE OF PROPOSED CONDITIONS 11/00473/LBC

Condition 1 No part of the demolition approved by this consent shall proceed before the expiry of three months from the date of this consent or until the Royal Commission on the Ancient and Historical Monuments of Scotland has stated in writing that it has completed its record of the building or that it does not want to record it. Reason In order to comply with the requirement of Section 7 of the Listed Buildings and Conservation Areas Act 1997.

Condition 2 Prior to any demolition works to the laundry room, two drying racks shall be identified and retained for use in the community/education area. The racks shall be reinstalled using construction methods and materials to be agreed with Historic Scotland. Reason In order to safeguard the original character and form of the listed building. APPENDIX 3