ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 19 NOVEMBER 2013 13/00374/PPD – 12A BENTANGAVAL, CASTLEBAY, ISLE OF BARRA - APPLICATION FOR PLANNING PERMISSION TO ERECT HOUSE
Report by Director of Development
PURPOSE OF REPORT Since the application is considered by the Appointed Officer to be sensitive the planning application is presented to 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 Ms C MacKinnon, c/o Roddy McInnes, 24 St Brendan’s Road, Castlebay, Isle of Barra for the erection of a single storey dwelling house on a site on Croft 12a Bentangaval, Isle of Barra. The application site is approximately 1,750 sq.m in area, includes for the proposed house, 2 car-parking spaces and extension of an existing access road. 2.2 The proposed house site is assessed as being located ‘Outwith Settlement’ as per Policy 1 Development Strategy of the Outer Hebrides Local Development Plan 2012. Development for new housing in such areas requires to meet specified criteria as set out in the Policy. 2.3 The applicant's justification advises that Bentangaval Crofting township takes in the two clusters of existing development known as Nask, the Hill of Bentangaval and the largely undeveloped moorland lying generally to the southwest of Bentangaval Hill. The applicant’s justification is largely built on the premise that the built settlement of Nask is at capacity. The proposed house site sits below the public road on a relatively level plateau and its siting has a relationship with the shoreline as is typical of the houses on the neighbouring island of Vatersay. The justification for development 'outwith the settlement' is, from a planning perspective, marginal. However given that the proposed siting would not detract from the Landscape characteristics, the landscape has capacity for the development as sited, that there are existing modern built elements on neighbouring land, that the site, in terms of distance is very close to both Vatersay and Nask and a site visit has confirmed the lack of capacity for new development in Nask, it is considered that on balance that the justification submitted in support of the proposal can be considered in these particular circumstances to satisfy the policy tests. 2.4 No representations were received on the planning application. 2.5 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 accords with the policies of the Outer Hebrides Local Development Plan and there are no material considerations that indicate otherwise. RECOMMENDATION 3.1 It is recommended that the application be APPROVED subject to the conditions shown at Appendix 1 to this Report. Contact Officer Sean McCarthy Tel: 01870 602425 Email: sean.mccarthy@cne- siar.gov.uk Appendix 1 Schedule of Proposed Conditions 2 Location, Site and Elevation Plans Background Papers None DESCRIPTION OF THE PROPOSAL 4.1 This is a planning application to erect a dwelling house at 12a Bentangaval, Isle of Barra.
4.2 The site is a rectangular shape, approx 1,750 sq.m in size and is located on the seaward side of the main Castlebay-Vatersay road approx 840m east of the Vatersay Causeway and approximately 540m south west of the Barra War Memorial. The site is relatively level and sits below the public road level. The application site forms part of the applicant’s agricultural holding. Immediately adjacent to the application site is a shed erected by the applicant following submission of an agricultural prior notification in 2006. Immediately to the north west of the site is a navigation light operated by the Northern Lighthouse Board: this light directs marine traffic entering Castlebay. There are no natural heritage designations associated with the site.
4.3 The site plan includes for the dwelling house, 2 car-parking spaces, a turning area and a new access road which leads from the site onto an existing access, constructed to serve the existing agricultural shed, which in turn joins the public road.
4.4 It is proposed to erect a “T shaped” single storey dwelling house with a floor area of approx 178 sq.m. The dwelling house will have a ridge height of 5.3m, will be located 16m from the road edge and 30m from the shoreline. The dwelling house will face south east.
4.5 The materials comprise walls with a smooth white silicone render finish, roof of black Redland tiles and white uPVC windows and doors. The proposals include the provision of a clothes drying area immediately to the rear of the dwelling house.
ADMINISTRATIVE PROCESSES 5.1 The planning application by Ms C MacKinnon, c/o Roddy McInnes, 24 St Brendan’s Road, Castlebay, Isle of Barra was registered on 26 July 2013.
5.2 The planning application was advertised for public comment in the public notices section of Guth Barra in the publication dated 1 August 2013, as required by regulations.
ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) 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 is no planning history relating to the application site. However, the applicant had previously submitted a prior notification for the erection of an agricultural shed on an adjacent site (Ref. 06/00692/AGRIC Status: No Objection). 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.
HISTORIC SCOTLAND 8.2 ‘We have considered it from our statutory remit and have the following comments to offer on heritage assets which may be affected by the development proposal: Alt Chrisal, multi-period settlement 750m ESE of Gortein, Barra (Index No. 11251) The monument is a complex and well-preserved site dating from the Neolithic period and includes a wheelhouse and a Blackhouse settlement. It is situated in rough grazings on the southern slopes of Ben Tangaval. The proposed single storey house is to be located to the east of an existing building, c. 340m of the monument. In light of this, we have concluded that any impacts on the monument are not of such significance to warrant an objection to the proposal for our historic environment interests. Your Council's conservation and archaeological service will also be able to advise on any potential impacts on the historic environment.’ TECHNICAL SERVICES - ROADS 8.3 ‘Conditions as attached "Guidelines for Access Roads". Please emphasise condition regarding surfacing of first 3 metres of existing access.’
COMHAIRLE BUILDING STANDARDS 8.4 ‘Access to septic tank to be suitable for servicing vehicles. Building must be accessible to the fire and rescue services. Percolation result required to determine area required for soakaway. All parts of septic tank and soakaway to be at least 5.0m for site boundary and 10m from a public road, stream, loch, or coastal waters.’
TECHNICAL SERVICES – COASTAL EROSION 8.5 ‘No objection.’
COMHAIRLE ARCHAEOLOGY SERVICE 8.6 ‘Thank you for consulting the Archaeology Service CnES. We have no archaeological issues with this planning application.
NORTHERN LIGHTHOUSE BOARD 8.7 ‘The proposed house appears to be immediately SW of the light. This is not a particular difficulty as the light is focused on the bearing 115 degrees i.e. to the ESE. We would request that the house exhibits no significant lighting (e.g. Floodlights) in this direction, but are otherwise content with the application.
REPRESENTATIONS 9.1 No representations have been received. VIEWS OF THE APPLICANT 10.1 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 (Outwith Settlement provisions) Development proposals Outwith Settlement will be assessed against all of the following: a) a clearly justified and demonstrated need for the proposed development b) the capacity of the surrounding landscape to accommodate the development c) sensitive siting, scale and design to minimise impact on the open and rural character of the landscape, avoiding raised or high level locations to minimise impact d) the design, materials and finish of the access and parking is appropriate to the rural setting and hard landscaping is kept to a minimum e) the overall layout and design respects and, where possible, retains any archaeological, heritage or landscape features of the site.
12.3 The development strategy is focused on the context of a development. The application site is considered to be located ‘Outwith’ settlement. The Outer Hebrides Local Development Plan (OHLDP) states that there is capacity for limited development in areas defined as ‘Outwith Settlement’ as opposed to Remote areas which are anticipated for limited typically resource related development. The closest settlement is that of Nask which is made up of two clusters of housing; the first of these is the cluster of houses at the bottom of the township road where it meets the A888. The second is located further up the incline where the township road swings to the west. These two clusters form what is considered for planning purposes as the settlement of Nask. The application site is identified as being ‘Outwith’ settlement because there is a clear and identifiable distinction between the existing settlement and the application site which is on a largely undeveloped area of moorland over the crest of the hill approx 650m to the south west of the existing settlement. As part of the planning application process the applicant submitted a justification to the Planning Authority to address each of the requirements required by the Policy above.
12.4 Criteria a) - The applicant’s justification is largely built on the premise that the built settlement of Nask is at capacity. This is primarily because the topography of potential sites is not suitable for the erection of dwelling houses for a number of reasons i.e. sites are too close to the shoreline or there are existing services traversing potential sites e.g. electricity lines, street lighting and water works. The Planning Service has carried out a site visit and confirmed the constraints and lack of capacity for new development in Nask. The applicant goes onto outline that this land to the south of Bentangaval Hill, within which the proposal is sited was largely inaccessible to modern development prior to construction of the public road to access the Vatersay causeway in the 1990's. The land either side of the site has some modern man made elements in the form of a shed constructed following submission of an Agricultural Prior Notification in 2006 together with a lattice tower and navigation light for directing marine traffic entering Castlebay. Bentangaval Hill has ‘Mountain Massif’ landscape characteristics. The applicant cites pressure for new development in the area and identifies the land which is the subject of the application as having: the best landscape capacity in the crofting township to accommodate new development; acceptable siting and design considerations; neighbouring elements of modern built intrusion (a shed, navigation light, public road with road 'crash' barriers), to accommodate this development as a future ‘hamlet’ to the existing settlement. The proposed house site sits below the public road on a relatively level plateau and its siting has a relationship with the shoreline as is typical of the houses on the neighbouring island of Vatersay. The justification for development 'outwith the settlement' is, from a planning perspective, marginal. However given that the proposed siting would not detract from the Mountain Massif Landscape characteristics, the landscape has capacity for the development as sited, that there are existing modern built elements on neighbouring land, that the site, in terms of distance is very close to both Vatersay and Nask and that a site visit by the Planning Service has confirmed the lack of capacity for new development in Nask, it is considered that on balance that the justification submitted in support of the proposal can be considered in these particular circumstances to satisfy the policy tests.
12.5 Criteria a) is marginal but, on balance, in these particular circumstances is assessed to be met.
12.6 Criteria b) - The application site is in a Landscape Character Area which is defined as Mountain Massif. This type of landscape is characterized by individual peaks with surrounding pronounced summits, long ridges and slopes. Mountain Massif is an uninhabited landscape of predominantly open hill pasture which is often used as common grazings for crofting townships. Whilst it is classed as Mountain Massif the application site is on the lower slopes of Bentangaval Hill and has a landscape character more similar in nature to Rocky Moorland Landscape Character Type i.e. characterised by smooth dip slopes which combine with rocky convexities to create a rocky and stepped landscape. It is considered that the Landscape character has sufficient capacity to accommodate the proposed development as sited i.e. smooth dip slopes. When viewed from Vatersay the proposed house will be seen against the backdrop of the Mountain Massif Landscape, but on the lower slopes on a grassy plateau, below the public road and above the shore and therefore sympathetically sited so as not to detract from the Mountain Massif landscape character. The proposed dwelling house will only be partially visible from the township road as it is on the seaward side of the road at a level significantly lower than that of the road. Criteria b) is therefore assessed to be met.
12.7 Criteria c) - The applicant undertook pre-planning discussions with the Planning Authority in order to ensure that design and proposed finishes were in accordance with the Development Plan as well as the Outer Hebrides Design Guide. It is considered that siting, design and proposed finishes of the proposed dwelling house are appropriate and in keeping with the open and rural nature of the application site. The siting of the dwelling house is considered to be appropriate in the context of the neighbouring settlement of Nask i.e. linear settlement pattern along the township road but also in the context of the development type and pattern seen in Vatersay i.e. similar landscape but a more dispersed settlement pattern however dwelling houses here display a distinct relationship to the shore as is the case with the proposed dwelling house. Criteria c) is therefore assessed to be met.
12.8 Criteria d) - As outlined above, it is considered that the design, materials and finishes of the proposed dwelling house are appropriate in the context of the rural setting of the site. Parking provision is adequate and it is considered that the amount of hard landscaping has been kept to a minimum and is appropriate in the context of the site. Criteria d) is therefore met.
12.9 Criteria e) - There are no relevant natural heritage, archaeological or landscape features within the application site. Following consultation with Historic Scotland the Planning Authority is satisfied that there will be no negative impact on Alt Chrisal, a multi-period settlement 340m to the west of the application site. While the development is in an area of moorland the existing agricultural shed, navigation light and crash barrier introduce built environment elements and the single storey house as sited will not have an adverse effect on the surrounding landscape. Criteria e) is therefore met.
12.10 Given the above reasons, it is considered that on balance the proposal accords with Policy 1 of the OHLDP because it meets the requirements set out in criteria a) - e).
12.11 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.
12.12 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 would be taken during the construction period. The site is not contaminated and there are no aviation interests affected by the proposal.
12.13 Policy 3 – Zero & 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. The requirements do not apply to any of the following: a) buildings which will not be heated or cooled, other than by heating solely for the purpose of frost protection; b) alterations and extensions to buildings c) changes of use or conversions of buildings d) ancillary buildings that are stand alone, having an area of less than 50 sq.m e) buildings which are designed so that the energy necessary is integral to the structure requiring minimal additional mechanisms (the passive house concept) f) buildings which have an intended life of less than two years.
12.14 The applicant has submitted a sustainability statement and it is therefore assessed that the policy intent will be met.
12.15 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.
12.16 Criteria a) - The application site is ‘Outwith Settlement’. The settlement pattern in the neighbouring settlement of Nask is primarily linear both above and below the township road. The settlement pattern typically follows a contour above the shoreline. When considered in the context of the development type and pattern seen in Vatersay; there are similar landscape characteristics but a more dispersed settlement pattern however dwelling houses here display a distinct relationship to the shore as is the case with the proposed dwelling house. It is considered that the siting of a house on the application site will not aversely affect the landform as the site gently slopes from the shore line to the public road; there will be no significant earthworks, excavations or land raising undertaken as part of the proposal. There is sufficient capacity in the surrounding landscape to absorb the siting of a dwelling house at this location. The proposal does not have a negative impact on any surrounding buildings or open spaces.
12.17 Criteria b) – The form of the building is considered to display similar characteristics found in traditional houses in the locality and the Western Isles as a whole. The mass and scale of the proposed dwelling house are not significant and will cause no negative impact on the character of the surrounding area. The design of the dwelling house is considered to be simple with traditional elements and will integrate with the surrounding area, the siting of the dwelling house will mean that it is only partially visible form the township road and will be viewed against a backdrop of rising land when viewed from the south and west.
12.18 Criteria c) – The materials and colours to be used in the proposal are considered to be traditional and in keeping with the surrounding townships and the Island of Barra itself i.e. white render finish on the external walls and black roof tiles. The proportions of the proposed dwelling house are considered appropriate and will not have a negative impact on the surrounding landscape. 12.19 Criteria d) – Following consultation with Technical Services it is considered that car parking arrangements accord with the standards outlined in the Standards for Car Parking and Roads Layout Supplementary Guidance i.e. provision of 2 spaces.
12.20 Criteria e) – It is considered that the orientation of the proposed dwelling house is appropriate in the context of the site as well as the surrounding area. There is adequate space within the site to accommodate the parking and turning area, services and amenity space.
12.21 Criteria f) – While there is a slope on the site it is considered that the incline is gentle enough to negate the need for significant excavations or underbuilding. Notwithstanding this any consent will be conditioned to ensure that there is not a significant amount of underbuild visible.
12.22 Criteria g) – There are no neighbouring residential properties in the vicinity of the proposed development and therefore there will be no impact on neighbour amenity.
12.23 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.
12.24 The development proposal relates to the specific landscape and visual characteristics of the local area, as detailed under Policy 4 i.e. the proposed house will be sited on a plateau above the shoreline and below the public road. When viewed against the backdrop of the Mountain Massif it is considered that the single storey house as sited below the public road on a grassy plateau above the shoreline will not have a negative impact on the landscape character. Thus, the proposal ensures that the overall integrity of the landscape character is maintained.
12.25 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. 12.26 The applicant has indicated that a Sustainable Drainage System (SuDS) will be used to manage surface water at the site. 12.27 The development as proposed complies with Policy 6 as it indicates a connection to an existing septic tank (serves agricultural shed) and a connection to the public water supply.
12.28 Policy 13 - Housing In addition to the identified sites, housing development may be permitted where the development: comprises redevelopment of land or premises; or, is a conversion of an existing property; or, is for use of derelict land or gap sites; or, is of small scale (not more than 3 dwellings) at an appropriate density; or, it is appropriately located within the Rural housing market area. Housing proposals should not be located adjacent to: existing or consented general industrial/storage sites (use classes 5 & 6); mineral extraction or waste management sites; LDP Economic Proposal sites; non-residential caravan sites; and renewable energy development, where the residential amenity would be compromised.
12.29 The application is in accordance with this policy because although it is not identified as a site within the Local Development Plan it is of small scale at an appropriate density. The site is not adjacent to existing or consented industrial/storage sites; mineral or waste management sites; non-residential caravan sites; or renewable energy development.
ASSESSMENT AGAINST THE DEVELOPMENT PLAN 12.30 Having reviewed the provisions of the Development Plan as detailed above, it is considered that the proposal accords 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.
13.3 Paragraph 95 focuses on housing in rural areas. It states that in less populated areas ‘new housing outwith existing settlements may have a part to play in economic regeneration and environmental renewal’. It goes onto state that ‘all new development should respond to the specific local character of the location and, fit into the landscape and seek to achieve high design and environmental standards’. It is considered that although the development is proposed outwith an existing settlement the applicant has on balance provided a justification for development in this locale. Furthermore it is considered that the proposed house responds to the local character of the area and achieves an acceptable design and environmental standard in approaches to new buildings in the Outer Hebrides.
OUTER HEBRIDES DESIGN GUIDE 13.4 The Comhairle's Outer Hebrides Design Guide aims to raise the standard of design within the Outer Hebrides in accordance with the evolving national guidance and the Scottish Government’s drive for Planning Authorities to focus on design in order to achieve better building outcomes on the ground and maintain the character and distinctiveness of the built environment of Scotland. It is considered that the proposed development is designed in a way that compliments the surrounding landscape and consists of a form which is simple and incorporates traditional design elements in the context of the surrounding area and the island of Barra as a whole. The materials and finishes are also considered to be traditional in style i.e. white render finish and black roof tiles. The proposal therefore complies with the aspirations of the Design Guide.
CONCLUSION 14.1 The proposed house site overlooks Caolas Vatersay, and is assessed as being located ‘Outwith Settlement’ as per Policy 1 Development Strategy of the Outer Hebrides Local Development Plan 2012. Development for new housing in such areas requires to meet specified criteria as set out in the Policy. The justification submitted to address the criteria identifies that the built settlement of Nask is at capacity. The applicant cites pressure for new development in the area and identifies the land which is the subject of the application as having the best landscape capacity in the crofting township to accommodate new development; acceptable siting and design considerations; neighbouring existing elements of modern built intrusion (a shed, navigation light, public road with road 'crash' barriers); and therefore justification and capacity to accommodate this development as a future ‘hamlet’ to the existing settlement. The proposed house site sits below the public road on a relatively level plateau and its siting has a relationship with the shoreline as is typical of the houses on the neighbouring island of Vatersay. The justification for development 'outwith the settlement' is, from a planning perspective, marginal. However, given that the proposed siting would not detract from the Mountain Massif Landscape characteristics, the landscape has capacity for the development as sited, that there are existing modern built elements on neighbouring land, that the site, in terms of distance is very close to both Vatersay and Nask and that a site visit by the Planning Service has confirmed the lack of capacity for new development in Nask, it is considered that on balance that the justification submitted in support of the proposal can be considered in these particular circumstances to satisfy the policy tests. 14.2 It is considered that the proposed development complies with the relevant policies within the Development Plan. There are no material considerations that carry sufficient weight that would justify the determination of the application other than in accordance with the development plan.
RECOMMENDATION AND REASONS 15.1 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 and Housing 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 Throughout the life of the development to which this planning permission relates there shall be no exposed underbuilding more than 600mm deep, unless otherwise agreed in writing by the Comhairle as Planning Authority. Reason To reduce the impact of the development in the interests of visual amenity of the area.
Condition 2 Throughout the life of the development to which this planning permission relates space shall be provided for parking two cars and for turning them on site so that they enter and leave the site in forward gear. Reason To ensure adequate provision is made for parking clear of the highway in the interests of road safety.
Condition 3 Throughout the life of the development to which this planning permission relates there shall be no floodlighting erected either on the proposed dwelling house or in any position within its curtilage. Reason To ensure that the purpose and operation of the navigation light adjacent to the development site is not compromised in the interests of maritime safety.
Condition 4 Prior to the commencement of any works, a plan detailing any proposed external lighting scheme shall be submitted for the written approval of the Planning Authority. The approved details shall be implemented and retained throughout the lifetime of the development. Reason To ensure that the purpose and operation of the navigation light adjacent to the development site is not compromised in the interests of maritime safety.
Informatives
1. The Director of Technical Services advises that in the interests of road safety, ‘The first three metres of the existing access back from the carriageway shall be surfaced with pavers or other suitable bound material to the satisfaction of the Comhairle as Planning Authority.’ 2. This permission gives consent to or approval under Town and Country Planning legislation ONLY. Depending on the nature of your proposals you may require to obtain other permissions from the council e.g. Building Warrant, Caravan Site Licence, Improvement Grant approval etc. Please ask if in doubt. 3. Existing services (such as water mains, electricity wires or telephone lines) shall be protected. You may be liable for any damage that is caused by any works or use associated with the development.
APPENDIX 2
Location/Site Plan
Elevation Plans