PLANNING APPLICATIONS BOARD 25 FEBRUARY 2021
20/00539/PPD – ERECT DWELLING HOUSE, WITH ACCESS, PARKING AND DRAINAGE AT 2B SCARISTAVORE, ISLE OF HARRIS
Report by Head of Economic Development and Planning
PURPOSE
1.1 Since the planning application is considered by the Appointed Officer to be sensitive, the application is presented for decision.
EXECUTIVE SUMMARY
2.1 This Report relates to an application seeking detailed planning permission to erect dwelling house, with access parking and drainage at 2B Scaristavore, Isle of Harris.
2.2 This application site extends to a quarter acre and sits prominently above and to the south of the A859 Tarbert to Leverburgh Road. The proposed house would sit towards the back of the sloping site, with a large excavation to a maximum of 3m depth proposed to create a level platform for the construction of a single storey flat roofed house and an enclosed external garden area, sited between the excavated rockface and the south elevation of the building. The proposed house would have a large footprint; presenting a frontage to the road of 17.4m, extending to 21.5m at it extremity and a plan depth of 14m. At its maximum the building height would be 3.9m. The building form is made up of a series of stone ‘chambers’ linked by large panels of glazing under a flat roof concealed behind a stone parapet. With the exception of the glazing panels the proposed external finish is a smooth textured engineer- cut Caithness stone cladding material, in a dark grey and brown colour.
2.3 The Comhairle is required to determine planning applications in accordance with the provisions of its Development Plan unless material planning considerations indicate otherwise.
2.4 The developer has reviewed the proposal, provided further justification in the Design Statement to underpin their design ethos and provided better information on boundary treatments and screening. Therefore while some concerns remain as to the appropriateness of design and the imported stone cladding material, to the context of the immediate area, it is considered that, marginally and on balance, despite conflict with certain aspects of Policy PD1: Placemaking and Design, that otherwise the proposal accords with the Development Plan and can be supported. While design is a material consideration that carries significant weight it is concluded that the concerns regarding certain aspects would not justify a decision to be taken contrary to the Development Plan.
RECOMMENDATION
3.1 It is recommended that the planning application be APPROVED subject to the planning conditions in Appendix 1 to the Report.
Contact Officer: Iain MacLeod -Tel: 01851 822690, Email: [email protected] Appendix 1 Schedule of proposed conditions Appendix 2 Location and site plan Appendix 3 Elevations, floor plan and sections Appendix 4 Site photographs Appendix 5 Consultation responses Background Papers: None IMPLICATIONS
4.1 The following implications are applicable in terms of the Report.
Resource Implications Implications/None Financial None Legal None Staffing None Assets and Property None Strategic Implications Implications/None Risk None Equalities None Corporate Strategy None Environmental Impact None Consultation None
DEVELOPMENT CONTEXT AND PROPOSAL
Description of site and its context
5.1 This application site extending to approximately 1076 square metres (0.25 acres) is located within the village of Scaristavore, Isle of Harris. Formerly decrofted, the site comprises an area of rising ground sited in a visually prominent position south of the A859 Tarbert to Leverburgh Road. The application site is set back from the road edge, and slopes towards the road with a site level change of 6.5m from the front to rear extremity of the plot. The site is under grass and undeveloped save for a buried low voltage electricity cable which crosses the footprint of the proposed house. The site and surroundings is classed as Machair Landscape Character type and in common with the rest of Harris is within the South Lewis, Harris and North Uist National Scenic Area. Lying to the west, sited on the same side of the road but slightly closer to the carriageway, are houses of fairly traditional design.
Description of development
5.2 This application seeks detailed planning permission to erect a dwelling house, with access, parking and drainage at 2B Scaristavore, Isle of Harris.
5.3 The proposed house is of a contemporary design, single storey, under a flat roof. The house presents a frontage of 17.4m to the road and has a deep plan with a front to rear depth of 14m. The front of the building is set at the natural datum of the site, while the rear is cut in to the rock to create a level building platform and an enclosed external garden area between the excavated rockface and the south elevation of the building. The design comprises of a series of modules or ‘chambers’ connected by large glazed sections. The building has a minimal height across its expanse, varying from 3m at the rear to 3.9m at the front of the building with the flat, roof concealed behind a parapet wall. The exterior walls are clad in calibrated and coursed Caithness Stone. The house has a large footprint and would require a cuts into the topography, the excavation being to a depth of circa 3m at its deepest and most extreme. The Design statement notes that the inspiration for the design was ‘the linear outcrops of rock that form stepped shelves within the landscape – but also the other distinctive forms of the Hebrides – the broch, the blackhouse, the beehive hut’.
5.4 Additional detail has been submitted of the entrance and parking area. A perimeter wall is proposed to be built using local stone in a coursed drystone as per the local character, in an effort to help tie the building into the landscape.
5.5 The proposal is within the class of local development within the Planning Hierarchy.
LEGISLATIVE CONTEXT
6.1 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 (the Act) require that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise.
ADMINISTRATIVE PROCESSES
7.1 The application was registered as valid on 16 December 2020.
7.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 7 January 2021, as required by regulations.
7.3 The one notifiable neighbour was sent notice of the development on 16 December 2020.
ENVIRONMENTAL IMPACT ASSESSMENT
8.1 The proposal while sited within a ‘sensitive’ area is not of a scale of development identified as requiring Environmental Impact Assessment in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
PREVIOUS PLANNING DECISIONS RELATING TO THE SITE
9.1 Planning Permission in Principle (19/00141/PPP) was approved on this site for the proposal to erect house; construct vehicular access and parking spaces; and install private sewage treatment plant on 04 June 2019.
9.2 Planning application 20/00391/PPD for the proposal to erect new dwelling house, associated parking and drainage was withdrawn prior to determination, on 12 November 2020.
RESPONSES TO CONSULTATION
10.1 The full terms of the responses to statutory and other consultations by the Planning Authority are set out in Appendix 5. The following is a summary of the advice of consultees.
Comhairle Building Standards
10.2 No comments at this time.
Comhairle Roads, Bridges and Streetlighting
10.3 The access should be constructed in accordance with Drawing No. 20/00539
Scottish Water
10.4 Scottish Water does not object to the planning application and advises: Water - There is currently sufficient capacity in the GEOCRAB Water Treatment Works. Foul - Unfortunately, according to our records there is no public Scottish Water, Waste Water infrastructure within the vicinity of this proposed development therefore we would advise applicant to investigate private treatment options.
Scottish and Southern Energy Networks
10.5 Highlight a concern – ‘The concern relates to a low voltage underground cable crossing the proposed site which will need to be diverted as the proposed house would appear to be located above the existing cable. All works in the vicinity of existing underground cables will need to comply with the HSE guidance note GS47’.
Historic Environment Scotland
10.6 We responded to a consultation regarding a planning application in principle to erect a dwelling house on this site in March 2019 (19/00141/PP). We did not have any comments to make on the proposed development in principle and we do not have any comments on the detailed proposed development.
Archaeology
10.7 Nothing to add to this one.
REPRESENTATIONS
11.1 There were no representations in relation to this planning application.
APPLICANT VIEWS/RESPONSE TO OBJECTIONS
12.1 No views were submitted.
POLICY CONTEXT
National Planning Framework 3 (NPF3)
13.1 The Scottish Government’s central purpose is to create a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth. NPF3 notes that successful sustainable well designed places with enough high quality homes is central to their vision for Scotland and that there will be a need for housing land in sustainable places where people want to live in order to support economic growth, or where there is a need for regeneration or to support population retention.
Scottish Planning Policy and Advice
13.2 The Scottish Government’s key policy document on the operation of the planning system is ‘Scottish Planning Policy’ (SPP) which was published in June 2014. This document provides a statement of the Scottish Government's policy on nationally important land use planning matters. The SPP introduces a presumption in favour of development that contributes to sustainable development.
13.3 Placemaking sits at the heart of SPP with Paragraph 36 noting that Planning’s purpose is to create better places. Placemaking is noted as being a creative, collaborative process that includes design, development, renewal or regeneration of our urban or rural built environments. The policy principles guide that Planning should take every opportunity to create high quality places and direct development to the right places.
13.4 SPP Paragraph 75 states, “The planning system should:
• in all rural and island areas promote a pattern of development that is appropriate to the character of the particular rural area and the challenges it faces;
• encourage rural development that supports prosperous and sustainable communities and businesses whilst protecting and enhancing environmental quality”.
Paragraph 109 states, “Planning can help to address the challenges facing the housing sector by providing a positive and flexible approach to development. In particular, provision for new homes should be made in areas where economic investment is planned, or there is a need for regeneration, or to support population retention in rural and island areas.”
Outer Hebrides Local Development Plan 2018
13.5 Strategic land use policy is set out in the Outer Hebrides Local Development Plan, adopted in 2018 (OHLDP). The OHLDP provides a framework to develop and sustain the communities of the Outer Hebrides and identifies considerations within its policies to deliver long term benefits to the communities of the Outer Hebrides through encouraging and facilitating sustainable economic growth and to help build confident and resilient communities. It seeks to ensure that our natural, marine, and cultural resources are valued and utilised efficiently and sustainably.
13.6 The Outer Hebrides Local Development Plan policies of particular relevance are considered to be:
• Policy DS1: Development Strategy– Rural Settlements • Policy PD1: Placemaking and Design • Policy PD2: Carparking & Roads Layout • Policy PD3: Housing • Policy PD4: Zero and Low Carbon Buildings • Policy El2: Water & Wastewater • Policy NBH1: Landscape (National Scenic Areas) • Policy NBH5: Archaeology
THE DEVELOPMENT PLAN
14.1 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.
PLANNING ASSESSMENT
Policy DS1: Development Strategy – Rural Settlements
14.2 The site is within a ‘Rural settlement’, being areas identified as primarily residential and agricultural in character. The policy seeks to accommodate development to meet the sustainable growth for local needs that proposals are of a siting and design appropriate to the established rural character and settlement pattern of the local area, with residential developments of a density that respect the character of individual settlement. Where developments are sited on croftland, certain criteria should be met.
14.3 The proposal, being for one house, is within the density levels considered appropriate for Scaristavore. The siting being parallel to the village road and following the ‘building line’ relates to the development pattern and in that sense would respect the character of the area. The proposed site is not on agricultural land; the site having been previously removed from crofting tenure on account of the grant of a historic ‘in principle’ planning permission, for use as a house plot. The design is not typical of this rural settlement and its appropriateness is subject to further consideration below. Subject to further consideration of the appropriateness of the design, the development would be in compliance with policy PD1.
Policy PD1: Placemaking and Design
Policy
14.4 Development proposals must demonstrate a satisfactory quality of place-making, siting, scale and design that respect and reflect positive local characteristics and will complement or enhance the surrounding built and natural environment, while taking account of the guidance contained within the Outer Hebrides Design Guide.
14.5 The policy seeks that development proposals demonstrate a satisfactory quality of place-making, siting, scale and design that respect and reflect positive local characteristics and will complement or enhance the surrounding built and natural environment. It requires that the siting of new buildings should relate to the settlement pattern and landform and avoid dominating the sky line with the orientation of the development also relating to the characteristics of the surrounding area. In terms of design the policy states that the development should be designed for the site ensuring design, scale, form and mass respects the surrounding built and natural environment. The mass of larger buildings should generally be managed by either breaking up the design elements or by the use of appropriate materials. The proportions, detailing, materials and colours, should be neutral or make a positive contribution to the character of the surrounding area. In terms of topography, it guides that developments on sloping ground, should be designed to generally incorporate the slope, with visible under‐build minimised.
Design Statement
14.6 The proposal is architect designed and supported by a design statement that sets out the ethos behind the design. In relation to the context, design and material choices of the building in this location the statement notes:
14.7 “… Our inspiration was the linear outcrops of rock that form stepped shelves within the landscape – but also the other distinctive forms of the Hebrides – the broch, the blackhouse, the beehive hut. …
14.8 A key decision was to keep the building on one level so that these walls can remain relatively low. The front of the building is set at the natural datum of the site, while the rear is cut in to the rock. This keeps the building below the skyline, cutting it in to the topography…
14.9 The linear stone walls of croft perimeters and blackhouses of the surrounding area have been the inspiration for the approach, and this is carried through in the choice of materials. The walls are made of solid clay blocks and are lined externally with Caithness stone. No other material is visible externally other than the glazing. This use of one material allows the building to be recessive, despite its footprint.
14.10 The building uses calibrated and coursed Caithness stone – random rubble aesthetic is not suitable for this building. Caithness stone is a beautiful material, and has been chosen due to its lovely subtle change of colour and its close match to the rocky outcrops found on the site. It is the most local quarry to Lewis that provides cut stone for construction. It has been used in several projects in the Hebrides. …
14.11 Quarrying local stone was investigated, but it would require removing the stone from the island to be cut and calibrated, and then shipped back again. This is not only very expensive, but creates a significant unnecessary carbon footprint. It should also be noted that the vast majority of the visual construction materials used locally are imported. Modern slate tends to come from Spain, while larch is often Siberian.”
Assessment
14.12 The application site is elevated above the A859 road and from the road visually prominent. However, the site has an extant planning permission in principle consent (ref. 19/00141/PPP) which was granted subject to the suitability of the site for an appropriately designed house. It is accepted that the proposed building being single storey and flat roofed would be sited low in the landscape and given the intention to cut the building into the topography, would not sit prominently against the skyline.
14.13 The design statement acknowledges that most houses in the area are gabled, rendered and under double pitch slate roofs but that ‘Rather than mimicking what has come before, our approach is to create a building of high quality which responds to context in its scale, massing, orientation and use of materials’ and the design inspired by and a reflection of natural rock protrusions and feature in the landscape, while taking reference from historical building styles such as blackhouses.
14.14 While the area has some natural rock protrusions, the sloping site on which the house would be sited is the richer grassland that dominates the lower slopes of the hills on the west coast of Harris as they meet machair lands. The rock outcrops across the landscape setting for this site are eroded, uneven, with pale grey and pink colouring, enhanced by yellows and greens from natural mosses and lichens. The proposed house has a significant footprint. The landscape of this part of west Harris is absent of large, angular, tabular grey extrusions that the proposed house design would reflect. Further Outer Hebridean blackhouses, were small in scale, worked with the natural landscape and were constructed of locally sourced random rubble stonework, with walls typically rounded at the edges.
14.15 The design proposal is contemporary, the cut stone resulting in a structure having a sharp urban characteristic that does not have a comparable natural or built reference in the locale. The use of cut stone as the single cladding material will accentuate the scale of the building and the colour of the Caithness slab stone, typically rich brown tones is at odds with the light grey stone typical of the natural stone in Harris. Local stone is dominant grey with pink, white and yellow banding along with quartzite and other mineral penetrations which are not evident in a Caithness stone. The design statement does show samples of the cladding, but a sample of the cladding would be required to ensure that, while not characteristic of the area, if there are colour variations that one could be chosen to better reflect the colouring of the local stone.
14.16 The design does not incorporate the slope but rather cuts into it contrary to the policy intent; the treatment of the cut slope will be important in mitigating the effect of that intervention.
14.17 Despite the statement to the contrary, the proposal would introduce a large contemporary and uncharacteristic built feature into the local landscape. While the form sits low and the siting is acceptable there are concerns that the cut into the topography could result in a scar on the landscape and that given the shape of the building the use of a single cladding material of cut non-native stone could result in the building appearing incongruous with its surroundings. It is proposed to seek further information on the specific choice of external cladding from within the potential range of Caithness stone, in order to aid absorption of the development in the local landscape and to seek information on the treatment of cut slopes.
14.18 The submission of further information indicating the intention to provide some random rubble boundary and retaining walls using local stone is considered to help tie the building into the landscape.
14.19 There are no immediate neighbouring properties – the nearest being the gable of a house 40m to the west – and as such the proposal will not have any undue effect on neighbouring amenity.
14.20 Overall there is a concern that the proposed building would not make a positive contribution to the character of the surrounding area, as while the design inspiration is understood, the design, materials and colours would respond more readily to the more hostile rocky landscapes found on the East and North of Harris rather than the soft rolling hills and sweeping curves of the grassy landscape of West Harris. The introduction of perimeter walls and screen walls constructed of local stone is considered a positive addition. While all aspects of the design and justification in the Design Statement are not accepted, and there are conflicts with some aspects of the Policy PD1, it is considered that with the management of certain aspects by condition and further dialogue with the agents on landscaping, that the building can be developed without undue harm to the character of the area.
Policy PD2: Carparking & Roads Layout
14.21 The Comhairle’s Roads section have been consulted on this application and have advised that a condition requires to be imposed relating to the design of the proposed access where it joins the public road in order to ensure it does not negatively impact upon road safety. Providing full compliance with the terms of the specification provided by the Comhairle’s Roads section, It is considered that the proposal is in compliance with Policy PD2 – (Car Parking and Roads Layout).
Policy PD3: Housing
14.22 Though not within an identified housing site, the proposed house site meets the relevant criteria to be acceptable as it is of small-scale (not more than 4 dwellings) at a suitable density.
Policy PD4: Zero and Low Carbon Buildings
14.23 Notwithstanding this, the proposal is considered to comply with the density requirements of Policy PD3.
14.24 An air source heat pump is proposed, and information relating to Zero or Low Carbon Buildings will be required to be submitted by condition for assessment. The proposal will therefore comply with Policy PD4.
Policy EI2: Water & Wastewater
14.25 The applicant proposes to connect to the public water supply. No public sewerage network exists in the area and a private treatment system will be required, which will be dealt with during the Building Warrant process. The application is therefore assessed to comply with this policy.
Policy NBH1: Landscape (National Scenic Areas)
14.26 The policy seeks that 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. Development proposals should not have an unacceptable significant landscape or visual impact and where concerns exist on that account the applicant will be required to provide mitigation measures demonstrating how a satisfactory landscape and visual fit can be achieved.
14.27 Further, the policy states that development that affects a National Scenic Area (NSA) will only be permitted where the objectives of designation and the overall integrity of the area will not be compromised.
14.28 The development of this single house would not compromise the objectives of the NSA designation or the overall integrity of the designated area.
14.29 The application site is designated as being within the Machair Landscape Character Type, as per SNH's Western Isles Landscape Character Assessment. The Machair Landscape Character Type is characterised by the sweeping curves of coastal beaches, and the low headlands, backed by dune systems, which protect expansive machair grasslands. The flat to gently rolling landscape of the Machair plains, which lie behind the long sweeping beaches and dune systems, spread eastwards, giving way eventually to the Low-Lying Crofting areas and moorlands.
14.30 This crofting settlement pattern is set back from the shore, with a pattern of houses sited on rising land to the south of the A859 Tarbert to Leverburgh Road. The siting of a house at this location has previously been considered to be acceptable in terms of landscape impact by virtue of planning permission in principle 19/00141/PPP, providing a good level of design and there is no question of the suitability of the site to accommodate a house.
14.31 While it is arguable as to whether the house as proposed has been designed to relate to the specific landscape and visual characteristics of the local area, it is assessed and concluded that the proposed house would not have a detrimental impact on the landscape character and the overall integrity of landscape would be maintained.
14.32 It is considered that given the scale and relatively localised impact of the proposal that the development will not have an unacceptable impact on the landscape character or the special qualities of the NSA and in these circumstance the policy would be in compliance with Policy NBH1.
Policy NBH5: Archaeology
14.33 Where a development proposal is likely to negatively affect any regionally or locally important archaeological remains, applicants may be required to undertake archaeological assessment.
14.34 The Comhairle’s Archaeology Service and Historic Environment Scotland were consulted on this planning application on account of the sites proximity to the below:
SM5335 Dun Borve, broch,cup marked stone & shielings, North Harris - Scheduled Monument
SM5338 Borvemore, standing stone and site of stone circle, Scarista – Scheduled Monument
14.35 In this instance, the Comhairle’s Archaeology Service and Historic Environment Scotland have not raised any concerns in relation to this planning application.
14.36 The development is therefore considered to comply with policy NBH5.
ASSESSMENT AGAINST THE DEVELOPMENT PLAN
14.37 While concerns remain in relation as to the appropriateness of design and the imported stone cladding material, to the context of the immediate area, an assessment against the Outer Hebrides Local Development Plan 2018, concludes that the proposed development largely meets the relevant policy aims for the development of a new house within a Rural Settlement; is appropriately sited and provides appropriate access and parking to serve the development site; details suitable drainage provisions for the proposals; meets the housing policy tests; has the capacity to meet the sustainability requirements for a new house; and will not affect the integrity of the landscape character in compliance with the provisions of the Outer Hebrides Local Development Plan 2018.
14.38 Therefore, it is considered that, marginally and on balance, despite conflict with certain aspects of Policy PD1: Placemaking and Design, that the Development Plan provides sufficient support for the proposal.
MATERIAL PLANNING CONSIDERATIONS
15.1 Having carried out an assessment against the Development Plan, the Planning Authority requires to identify and consider other 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. Two main tests are used when deciding whether a consideration is material and relevant:
• It should serve or be related to the purpose of planning. This means it should relate to the development and use of land.
• It should fairly and reasonably relate to the particular application being determined.
Scottish Planning Policy (SPP)
15.2 SPP supports the proposal insofar as it would help to meet a local demand for housing and, thereby, support population retention and the sustainability of a remote islands community. Further Paragraph 56 states that ‘Design is a material consideration in determining planning applications. Planning Permission may be refused and the refusal defended at appeal solely on design grounds.
15.3 These issues are discussed above and do not alter the conclusion of the assessment against the OHLDP.
CONCLUSION
16.1 Planning Authorities are required to determine planning applications in accordance with the Development Plan unless material planning considerations indicate otherwise.
16.2 While concerns remain in relation as to the appropriateness of design and the imported stone cladding material, to the context of the immediate area it is considered that the proposed house otherwise accords with the OHLDP on account of the proposal being in keeping with the settlement pattern of the area; capable of being adequately serviced; without harm to traffic safety, landscape, built heritage or the amenities of neighbours, subject to certain conditions. While SPP notes that Design is a material consideration its detailed provisions neither weigh for or against the proposal. It is therefore concluded that there is sufficient justification afforded by the OHLDP to recommend in favour of the grant of planning permission subject to the planning conditions in Appendix 1 to this Report.