ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 5 FEBRUARY 2013 APPLICATION FOR PLANNING PERMISSION FOR THE CONSTRUCTION OF 8 BED POLICE HOSTEL ACCOMMODATION INCLUDING PARKING AREA AND NEW ACCESS AT RAVEN’S LANE, LAXDALE, (REF NO 12/00681/PPD)

Report by Director of Development

PURPOSE OF REPORT Since the Comhairle has an interest, as landowner, in the land and is the applicant and agent to which the application relates, 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 the Director of Technical Services, Comhairle nan Eilean Siar, on behalf of the Northern Constabulary, Old Perth Road, Inverness for the construction of an eight bed police hostel including parking and access at Raven’s Lane, Laxdale, Isle of Lewis. The proposed development will be sited to the east of the Nurses’ Flats at Laxdale Court.

2.2 The site is a rectangular shape and 0.128ha in area. The access to the site is to be via Raven’s Lane, located to the northwest of the site. The proposed development will be served by mains electricity, public water and the public sewer. A soakaway for surface water drainage is proposed to be located in the southwest corner of the site. The site is not within an area of natural heritage designation.

2.3 Two representations have been received regarding the proposal. The details of the representations cite increased traffic congestion and road safety problems on Raven’s Lane, flood risk, potential impacts on natural heritage, unsuitability of the site, insufficient foul drainage provision, loss of greenfield land, the availability of alternative sites, and the high cost of development.

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, Elevation and Floor Plans Background Papers None REPORT DETAILS DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application to erect an eight bed police hostel including parking and access at Raven’s Lane, Laxdale, Isle of Lewis.

4.2 The site is a rectangular shape, running lengthwise west to east, and 0.128ha. The site falls away from the main road by approximately 1.7m over a distance of 32 metres. The site is to the east of the Nurses’ Flats at Laxdale Court. The access to the site is to be via Raven’s Lane, located to the northwest of the site.

4.3 The new police hostel will be sited to the centre and north of the site; it will consist of eight bedrooms spread over two floors, 296 sq metres in area. The proposed building is 7 metres high, 18.5 metres in length, and 8 metres wide.

4.4 The building is of a 1.5 storey form, with pitched roof and pitched dormer windows. The building is proposed to be finished in white roughcast render with timber effect cladding panels to the external walls, grey concrete tiles for the roof finish, brown uPVC windows and doors, and rylock fencing to the boundaries.

4.5 A car park for six parking bays and one disabled bay will be created on the south portion of the site. The Director of Technical Services has requested minor changes to accommodate an additional parking bay and widening of the access. The parking area includes an area for the turning of vehicles and bin storage.

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. A SuDS system for surface water drainage is proposed to be located in the southwest corner of the site.

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

ADMINISTRATIVE PROCESSES 5.1 The planning application by the Director of Technical Services, Comhairle nan Eilean Siar, Council Offices, Sandwick Road, HS1 2BW on behalf of the Northern Constabulary, Police Headquarters, Old Perth Road, Inverness IV2 3SY was registered on 16 November 2012.

5.2 The planning application was advertised for public comment in the public notices section of the Stornoway Gazette in the publication dated 22 November 2012, 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 There are no previous planning decisions relating to the site. However, the site forms part of what was a housing proposal site allocation (in the previous Western Isles Local Plan 2008 and in the earlier stages of the new Local Development Plan). The larger housing allocation site was discounted from the current adopted Outer Hebrides Local Development Plan 2012 on unit cost grounds for housing allocation following a flood risk assessment, which cited requirements for extensive engineering and site raising works to enable development. The current proposed development site layout is within one corner of that site and is the portion outwith the identified flood risk area. 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 ‘There should be 8 parking bays provided for the hostel within the site boundary. It must be possible for 2 cars to pass at the bellmouth of the access. The access should be constructed in accordance with the conditions set out in Drawing 12/00681.’

SCOTTISH WATER 8.3 ‘Scottish Water has no objection to this planning application. Stornoway Water Treatment Works may have capacity to service this proposed development. The water network that serves the proposed development may be able to supply the new demand. 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. 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. Scottish Water's current minimum level of service for water pressure is 1.0 bar or 10m head at the customer's boundary internal outlet. Any property which cannot be adequately serviced from the available pressure may require private pumping arrangements installed, subject to compliance with the current water byelaws. If the developer wishes to enquire about Scottish Water's procedure for checking the water pressure in the area then they should write to the Customer Connections department at the above address. 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.’

BUILDING STANDARDS 8.4 ‘There are several issues relating to the internals regarding compliance of the standards which will be picked up at plan check stage. The disabled car parking area should have a 1.2m access zone on both sides and end of the disabled parking bay. The soakaway will require percolation tests and should be located at least 5m away from any boundary. The location of the fire hydrant should be marked on the site plan.’

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.

SCOTTISH NATURAL HERITAGE 8.7 ‘SNH has no comment to make on this proposal. There are no natural heritage interests of national importance on the site, which is placed within a residential area out-with any designated sites. We currently have no records of breeding Corncrake, Heron or Otter on or near the site, therefore we have no comments to make on the proposed development at this time.’ REPRESENTATIONS 9.1 Representations have been received from the following:  Mr Norman Maclean, 16 Labost, Laxdale, Isle of Lewis HS2 0DS;  Mr Stuart and Mrs Lesley Bagshaw, SBA Architects Ltd, Marybank Lodge, Grounds, Stornoway, Isle of Lewis HS2 0DD. 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:  The development will cause traffic congestion and road safety issues;  The site is at risk of flooding;  The foul drainage connection is difficult, and the sewer will require to be pumped, which is costly and complicated;  There are otters, corncrakes, and herons which use and are in vicinity of the site;  The site is unsuitable for development;  The site is a greenfield site and should be preserved because there are better alternative brownfield sites;  There are better, alternative sites available for development;  The cost of developing the site is prohibitive. 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 (Main settlement provisions): DEVELOPMENT PROPOSALS WITHIN MAIN SETTLEMENTS WILL BE ASSESSED AGAINST ALL OF THE FOLLOWING: a) a siting and design appropriate to the characteristics of main settlements in line with Policy 4 Siting & Design; b) accordance with density levels for housing as set out in Housing Policy 13; c) where new development is to be sited on a greenfield site within the Stornoway Development Area in accordance with Policy 18, the developer must provide a justification for the development of the greenfield site in preference over a brownfield site; d) retention of open space areas within the settlement for amenity and recreation purposes.

12.3 The proposal is within Stornoway Main Settlement but is outwith the Stornoway Town Centre Development Area; therefore criterion c) does not apply. The proposal is within a main settlement, on a greenfield site, and has no adverse impact on open space provision. The proposal has been assessed to comply with the relevant provisions of Policy 1 above.

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 and level area to the north of the site, as this is outwith any flood risk area and easier to service. The building is oriented to take advantage of solar gain and reflect the existing built pattern in the locality. The building reflects the scale and form of other buildings which are characteristic of the area.

12.10 The developer has given consideration to parking, access, and turning provision within the site area. The Principal Roads Maintenance Officer has requested minor changes to accommodate an additional parking bay and widening of the access, but finds the overall parking and roads layout acceptable.

12.11 The developer has designed the building to make use of the existing land contours. This will reduce the overall visual impact of the 1.5 storey building.

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

12.13 The form of the building reflects the existing form within the locality, namely buildings with strong roof pitches, natural materials and vertical windows.

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

12.15 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.

12.16 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.

12.17 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.

12.18 The proposal is to adopt the principles of SuDS by use of a soakaway located to the southwest of the site. It is proposed and anticipated that 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 7 – Flooding: The following approach will be adopted for proposals within areas at risk of flooding: a) Areas of low to medium risk: These areas will be suitable for most development with the exception of essential civil infrastructure such as hospitals, fire stations, emergency depots etc. A flood risk assessment may be required at the discretion of the Comhairle. b) For developments proposed within areas identified on the indicative flood risk maps published by the Scottish Environment Protection Agency as being at medium or high flood risk, developers will be required to provide a Flood Risk Assessment (FRA) undertaken to a competent standard, or other suitable information that demonstrates compliance with Scottish Planning policy. c) Areas bordering areas of medium – high flood risk: a topographical survey (or a minimum of 5 spot levels referenced to Ordnance Datum) may be required to inform the need or otherwise for a FRA. The FRA will require to: a) assess the level of risk of flooding arising from the proposed development; b) demonstrate that the proposed development is compatible with the risk of flooding and; c) include acceptable measures to mitigate against the potential effects of flooding on and off the site arising from the proposal; and d) demonstrate that the proposal will not add to the area of Flood Risk Prevention Scheme. Where it can be demonstrated that the location is essential for operational reasons, e.g. harbours, piers, offshore energy and fisheries related activities, development proposals will be allowed in flood risk areas subject to sustainable flood management measures being incorporated at design stage that mitigate against flood risk. In line with national policy, flood risk assessments and studies will be used in determining the acceptability of the site and the proposed development, as well as any future flood risk implications arising from the development. Where the risk of flooding is deemed unacceptable the proposal will not be permitted. Where flood risk management measures are required, natural devices such as wetlands should be incorporated or developers should provide a justification as to why they are impracticable.

12.20 The south and southeastern portions of the site (car parking area) are below the 5m contour. However, none of the site falls within SEPA’s Indicative River and Coastal Flood Map (Scotland) which indicates areas with an estimated 1 in 200 (5%) or greater chance of being flooded in any given year. 12.21 A Flood Risk Assessment was carried out on behalf of Comhairle nan Eilean Siar by Terrenus Consulting Ltd in 2008, in conjunction with a housing allocation within the Western Isles Local Plan 2008 relating to the site, which consisted of a larger site area of 0.6ha. The results of the FRA indicated peak extreme seawater levels within Broadbay might be in the region of 5.2m above AOD by 2050. This would result in the southern and southeastern portions of the site being inundated under existing conditions. The FRA recommended that the final floor levels of buildings on the site should be at or above 5.5m AOD. 12.22 The developer has provided spot levels which shows that the built portion of the site (to the north) is well above the 5 metre contour, and the site is outwith SEPA’s Indicative River and Coastal Flood Map (Scotland). Therefore, the Comhairle’s Planning Service is satisfied that the site is at low risk of flooding. A condition is proposed which requires that the finished floor level of the building be set at a minimum of 5.5m AOD. Consequently, it is considered that the proposal complies with Policy 7. 12.23 Policy 26 –Transport Infrastructure: Provision of bicycle storage facilities will be required in new public buildings; schools; housing development consisting of flatted dwellings; and commercial or community premises where a minimum of five car parking spaces is required. Policy on car-parking will be set out in supplementary guidance.

12.24 The developer has indicated that bicycle storage will be provided in the proposed 10sq metre timber shed to the East of the proposed building. The provision of bicycle storage facilities will be further controlled by planning condition. The development can meet the requirements and provisions within this policy and is therefore in accordance with the policy.

ASSESSMENT AGAINST THE DEVELOPMENT PLAN 12.25 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.’ The development has been assessed to accord with the national guidance within the SPP.

REPRESENTATION – CAR-PARKING, ACCESS AND TRAFFIC 13.3 Car Parking, Provision of Access and Traffic are material planning considerations relevant to this planning application.

13.4 Car Parking, Provision of Access and Traffic: One representation stated that the development may cause congestion and traffic impacts on the existing Raven’s Lane. Provided that minor changes are made, the Principal Roads Maintenance Officer is content that the parking, turning, and access onto the public highway are acceptable for road safety requirements. The considerations raised, while material, do not warrant refusal of the application.

. REPRESENTATION – FLOOD RISK 13.5 Flood Risk is a material consideration relevant to this planning application.

13.6 Flood Risk: Two representations stated that the development is within a flood risk area and therefore should not be permitted. The developer has provided spot levels which show that the built portion of the site (to the north) is well above the 5 metre contour, and the site is outwith SEPA’s Indicative River and Coastal Flood Map (Scotland). Therefore, the site is at low risk of flooding. A condition is recommended which requires that the finished floor level of the building be set at a minimum of 5.5m AOD. The developer has provided details of the proposed finished floor level of the building, and this level is above the 5.5m AOD minimum. The proposal, as conditioned, is considered to be in accordance with Policy 7. The considerations raised, while material, do not warrant refusal of the application.

. REPRESENTATION – FOUL DRAINAGE 13.7 Adequate provision of sewage infrastructure is a material planning consideration relevant to this planning application.

13.8 Foul Drainage: Two representations stated that the connection to the sewer is difficult, costly, and may require a pumping facility. Scottish Water raised no objections to the development in terms of foul drainage provision. While the connection to the public sewer may be costly and technically difficult, such matters are the responsibility of the developer. The considerations raised, while material do not warrant refusal of the application, and connection to the public sewer can be mandated through condition.

. REPRESENTATION – IMPACTS ON NATURAL HERITAGE 13.9 Potential impact on natural heritage is a material planning consideration relevant to this planning application.

13.10 Impacts on Natural Heritage: Two representations highlighted potential impact on local species, namely herons, otters, and corncrakes. Scottish Natural Heritage has been consulted on these matters, and they have raised no objections to the proposal based on potential natural heritage impacts. Given specific consultation advice received from Scottish Natural Heritage relating to the site, the Comhairle’s Planning Service is not of the view that any protected species will be adversely affected by the proposed development. The site is not within an area of natural heritage designation. The considerations raised, while material, do not warrant refusal of the application.

. REPRESENTATION – SUITABILITY OF THE SITE 13.11 Site Suitability is a material planning consideration relevant to this planning application.

13.12 Site Suitability: Two representations stated that the site is not suitable for development; namely because of flooding issues and insufficient foul drainage provision. The latter considerations have been addressed in paragraphs 13.6 and 13.8. The considerations raised, whilst material, do not warrant refusal of the application.

. REPRESENTATION – LOSS OF GREENFIELD LAND 13.13 Loss of Greenfield Land is a material planning consideration relevant to this planning application.

13.14 Loss of Greenfield Land: One representation stated that the site is a greenfield site and should therefore be preserved in favour of a brownfield location on an alternative site. The proposal is within Stornoway Main Settlement but is outwith the Stornoway Town Centre Development Area; therefore criterion c) of Policy 1 (Main Settlements) pertaining to greenfield developments within Stornoway Town Centre Development Area does not apply. The proposal is within a main settlement and on a greenfield site. The development has been assessed to comply with the relevant provisions of Policy 1. The use of a greenfield site within this location complies with the Outer Hebrides Local Development Plan. The considerations raised, while material, do not warrant refusal of the application.

OTHER CONSIDERATIONS 14.1 The concerns raised regarding the prohibitive cost of the development and the availability of alternative sites are not material to this planning decision.

CONCLUSION 15.1 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. 15.2 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 Development Strategy, Assessment of Development, Zero and Low Carbon Buildings, Siting and Design, Landscape, Water and Waste Water, Flooding, and Transport Infrastructure in the Outer Hebrides Local Development Plan, and found to be in compliance with both the settlement strategy and policies. 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 The development to which this planning permission relates shall be carried out in accordance with the details shown on the plans marked Amended in red and marked as received on 15 January 2013. Reason In order to define the permission and avoid doubt.

Condition 2 Unless agreed otherwise in writing with the Comhairle as planning authority, the floor level of the proposed building shall be finished at a minimum of 5.5m AOD. Reason In order to reduce the risk of flooding and comply with Policy 7 of the Outer Hebrides Local Development Plan.

Condition 3 Despite the provisions of Class 8 of the Town and Country Planning (Use Classes) (Scotland) Order, 1997 (or any other similar Order) the use of the application site (including buildings) shall be limited to the residential institution of police hostel. Any other or additional use shall require a separate specific planning permission. Reason Because other possible uses which may be allowable within the terms of the Use Class Order could cause detriment because of noise, smell or increased traffic movement.

Condition 4 Prior to the commencement of development to which this planning permission relates, the developer shall submit details of the colour and finish of the proposed ‘Timber Effect Cladding Panels’ of the external walls of the building for approval by the Comhairle as planning authority. The approved details shall be retained for the lifetime of the development, unless otherwise agreed in writing with the Comhairle as planning authority. Reason In the interest of the visual amenity of the area.

Condition 5 Throughout the life of the development to which this planning permission relates, all external lighting and flood-lighting shall be fitted, maintained and operated so as to prevent external light spilling upwards and outwith the confines of the site. Reason In the interests of neighbour amenity.

Condition 6 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 7 The police hostel to which this planning permission relates shall not be used until the details shown on the access diagram, 12/00681; 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 order to secure the satisfactory development of the site in the interests of road safety.

Condition 8 Prior to the commencement of development, an Access and Parking Layout Plan shall be submitted for approval by the Comhairle as planning authority. The Access and Parking Layout Plan will include 7 parking bays, 1 disabled parking bay, and a widened bellmouth where the access meets Raven’s Lane and in compliance with details shown on access diagram 12/00681. Reason In order to secure the satisfactory development of the site in the interests of road safety. Condition 9 The means of access hereby approved shall be surfaced, graded and drained so that throughout the life of the development, no surface water flows from the access on to the public highway. Reason In the interests of road safety.

Condition 10 Unless otherwise agreed in writing with the Comhairle as planning authority, The police hostel to which this planning permission relates shall not be used until the access, 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 11 Unless otherwise agreed with the Comhairle in writing, prior to the commencement of development a scheme for the landscaping of the site shall be submitted for approval by the Comhairle as planning authority. The approved scheme shall be completed prior to the occupation of the building. The approved details shall be retained for the lifetime of the development unless otherwise agreed in writing. Reason In order to safeguard and enhance the natural qualities of the site.

Condition 12 Prior to the commencement of development, elevations and floorplans of the proposed shed, including materials and finishes, shall be submitted to the Comhairle as planning authority for approval. The approved details shall be retained for the lifetime of the development unless otherwise agreed in writing. Reason In the interest of the visual amenity of the area.

Condition 13 Unless otherwise agreed with the Comhairle in writing, the shed forming part of the planning permission to which this permission relates shall incorporate provision for bicycle storage. The approved details shall be retained for the lifetime of the development unless otherwise agreed in writing. Reason In order to comply with Policy 26 of the Outer Hebrides Local Development Plan.

Condition 14 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 15 In the event that either of the air source heat pumps to which this permission relates, becomes obsolete or redundant, it must be removed and the 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 16 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 17 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. APPENDIX 2